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{"service":{"name":"Baidu AI Cloud","url":"https://intl.cloud.baidu.com/doc/Agreements/index.html","lang":"ENG","sector":"Cloud storage","hq":"China","hq_category":"Other","is_public":"Public","is_paid":"Optionally paid","date":"13.01.2022"},"document":{"title":"","text":"Agreements 文档\n2022-01-13\n\n2\n3\n3\n3\n3\n5\n9\n10\n11\n12\n14\n15\n16\n16\n16\n18\n18\n19\n20\n21\n23\n24\n25\n27\n27\n27\n28\n28\n目录\n目录\nBaidu AI Cloud User Service Agreement\nStatement\nGeneral Principles\nAbout Baidu AI Cloud Account\nRights and Obligations of Users\nRights and Obligations of Baidu AI Cloud\nUser Business Data and Public Information\nService Provisioning, Payment and Termination\nDisclaimer\nIntellectual Property Rights\nConfidentiality\nOthers\nPrivacy Policy\nIntroduction\nThe Scope of Application of the Agreement\nHow we collect your personal information\nHow we use your personal information\nHow we use cookies and similar technologies\nHow we share, transfer, and publicly disclose your personal information\nHow we save and protect your personal information\nUser Business Data and Public Information\nYour Rights\nHow we process the personal information of minors\nHow to transfer your personal information across borders\nHow to update this Privacy Policy\nHow to contact us\nAppendix\nBaidu 百度智能云文档\n目录\n2\n\nBaidu AI Cloud User Service Agreement\nStatement\nRegarding the versions of agreement provided by Baidu AI Cloud China Station, the Chinese version shall prevail, and the\nEnglish version is for reference only.\nThis service agreement is a valid and binding contract entered into by and between Beijing Baidu Netcom Science and\nTechnology Co., Ltd. (hereinafter “this company” or “Baidu AI Cloud”), the operator of Baidu AI Cloud website (cloud.baidu.com,\nhereinafter “this website”) and the user (hereinafter “you”).\nBaidu AI Cloud provides you with the products and services (hereinafter “Baidu AI Cloud services” and “this service”) displayed\non this website, and will continuously update the scope of products and services and service content. The latest Baidu AI\nCloud services are subject to those displayed on the product and service introduction pages on this website and those actually\nprovided to you. After you renew the agreement or order a new product or service, you shall abide by the terms of service\neffective at the time. The relevant content in this agreement may be updated after Baidu AI Cloud launches new products and\nservices.\nGeneral Principles\n1. You confirm that: Before using this service, you have fully read, understood and accepted all the terms and conditions of\nthis service agreement. Please carefully read and fully understand the content of each clause, especially the clauses of\nexemption or limitation of liability, and governing law and dispute resolution clauses. If you have any questions about the\nagreement, you can enquire about customer service or relevant business departments. Clicking to agree on the web page\nmeans that you have fully read, understood and accepted all the terms and conditions of this agreement, and reached an\nagreement with Baidu AI Cloud.\n2. You agree that: Baidu AI Cloud has the right to unilaterally modify the content of this service agreement and corresponding\nservice rules at any time, and has the right to announce the modifications through push notifications, web announcements,\nand so on, without serving a separate notification to you. If, following the announcement of the changes to the content of\nthis service agreement, you do not agree to the modified service agreement, you have the right to cease using the service\nimmediately. Your continued use of the service means that you have fully read, understood and accepted the terms and\nconditions of the modified agreement, and will also uses this service in accordance with the modified agreement.\n3. This agreement also covers the terms and conditions on relevant agreements, business rules, confidentiality agreements,\nand so on that Baidu AI Cloud may continue to add and publish concerning the services provided. Once the above content\nis officially released and notified to you as described in Article 3, the content becomes an integral part of this agreement,\nand you should abide by the said content.\nAbout Baidu AI Cloud Account\n1. Account type\n(1) Baidu AI Cloud account consists of personal account and corporate account\n(2) The personal account is a general Baidu account, and can be registered using a mobile phone or email. Mainly geared\nto individual users and developers.\n(3) Corporate account is a user account system geared to Baidu AI Cloud commercial products. Compared to personal\naccount, corporate account has higher security level with more product options.\n(4) At the time of registration, you can learn more about it through the registration instructions on the registration page.\n2. Register an account\n(1) Right as principal You confirm that: When you complete the registration or actually use this service in other ways\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n3\n\npermitted by Baidu AI Cloud, you should be a natural person, legal person or other organization with full capacity for civil\nrights and full capacity for civil conduct (hereinafter collectively “legal subjects”).\n(2) Register an account\nBefore using this service, you must first register and obtain the account provided by this company. You undertake\nand guarantee that:\nYou have fully read the registration guides on the website of Baidu AI Cloud and selected the account type correctly.\nBaidu AI Cloud does not assume any responsibility for problems resulting from improper selection of account type.\nThe user information you fill out is true, accurate, complete and timely, and it is ensured that Baidu AI Cloud can\ncontact you via the contact details you provide.\nYou should provide corresponding information such as identification, and corporate qualifications in a timely manner\naccording to the requirements of Baidu AI Cloud service. Otherwise, Baidu AI Cloud has the right to refuse to provide\nyou with relevant services.\nIf the data or information you provide contains incorrect or untrue information, Baidu AI Cloud reserves the right to\ncancel your qualification for account registration, suspend or terminate the service to you.\nYou are responsible for your Baidu AI Cloud account. Your Baidu AI Cloud account can only be used by you. Without\nthe consent of Baidu AI Cloud and the change to the account under the real name system, this account shall not be\ntransferred, used as a gift or bequeathed. Otherwise, Baidu AI Cloud has the right to recover the said account.\nTo register as an agent for other natural persons or entities, you must provide Baidu AI Cloud with detailed materials\nand written authorization of the agent and the principal. If the aforesaid materials and documents are not provided,\nBaidu AI Cloud will treat the registrant as the member.\nYou should accurately fill out and update the contact details such as email address, contact number, mailing\naddress, and zip code so that Baidu AI Cloud or other members can contact you. You should solely bear any losses\nor additional costs you incur when using Baidu AI Cloud services if you cannot be contacted through these contact\nmethods. You understand and agree that you are obliged to maintain the validity of the contact details you provide. If\nany change needs to be updated, you should perform the update in accordance with the requirements of Baidu AI\nCloud.\n（3）Responsibility for account\nBaidu AI Cloud identifies your instructions through your username and password. Please keep safe your username and\npassword. You must assume full responsibility for keeping confidential your password and account. You need to assume\nfull responsibility for all activities that take place under your account. The loss caused by the disclosed password or\nforgotten user name shall be borne solely by you. At no time can you use another person’s account without the consent of\nthe account holder. You shall assume the corresponding responsibility for the losses incurred by Baidu AI Cloud or a third\nparty due to other people’s use of your account or due to your use of other people’s account.\nIf you are aware that anyone fraudulently uses or steals your account and password, or makes any other unauthorized use\nor has any other acts of endangering security, you should immediately notify Baidu AI Cloud in a valid manner and request\nBaidu AI Cloud to suspend related services. At the same time, you understand that it requires a reasonable time limit for\nBaidu AI Cloud to take action according to your request. Prior to this, Baidu AI Cloud does not assume any liability for the\nexecuted instructions and the losses caused to you.\n3. Idnetity verification\nYou understand and undertake that Baidu AI Cloud has the right to require you to complete the identity verification of your\nBaidu AI Cloud account to ensure the security of account and transactions. At the same time, Baidu AI Cloud may require\nyou to provide information such as additional identity materials or enterprise qualifications according to law for further\nidentity verification or qualification verification regarding certain products or services. Your account is only qualified to use\nrelated products or services after the authentication and verifications are successful.\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n4\n\n4. Associated account\nIn general, your Baidu AI Cloud account is your unique identification basis for any activity performed on this website, and\nactivities can be performed independently on this website under each Baidu AI Cloud account. However, under the following\ncircumstances, Baidu AI Cloud has the right to make special provisions regarding multiple Baidu AI Cloud accounts owned\nby the same and/or associated legal entities at its sole discretion, including but not limited to:\n1) Multiple Baidu AI Cloud accounts have a relationship such as master account and sub-accounts, authorization account\nand authorized accounts, and are jointly and severally liable to each other in accordance with laws and regulations, this\nservice agreement, Baidu AI Cloud products’ agreement or other Baidu AI Cloud rules; 2) Multiple Baidu AI Cloud accounts\nare registered by the same entity under the identity verification system, and two or more of Baidu AI Cloud accounts are\ninvolved in the acts of malicious arrears and/or violation of laws and regulations, this service agreement, Baidu AI Cloud\nproducts’ agreement or other Baidu AI Cloud rules; 3) Multiple Baidu AI Cloud accounts correspond to the same legal\nentity, and such legal entity has been previously identified as a maliciously registered account to obtain unjustified\ninterests; 4) Other circumstances under which Baidu AI Cloud has sufficient reasons to process multiple Baidu AI Cloud\naccounts in a unified manner.\n5. Account cancellation\nYou have the right to decide to cease using Baidu AI Cloud services and cancel your Baidu AI Cloud account. You can\nperform account cancellation according to the Baidu AI Cloud Agreement on Account Cancellation and operating guidelines.\n6. Legal claims\nYou understand and agree that Baidu AI Cloud has the right to know the real background and purpose of your use of\nproducts and services provided in this website, and to require you to provide true, complete and accurate information\ntruthfully. If Baidu AI Cloud has reasonable doubts that the information provided by you is not true, and that the transaction\ndone by you is false or your behaviors violate the service rules of Baidu AI Cloud, Baidu AI Cloud shall have the right to\nrestrict temporarily or permanently functions, in part or whole, of all products and/or services you use with your account.\nYou understand and agree that Baidu AI Cloud has the right to search, freeze or deduct your personal information and\nfunds, transaction and account you registered in this website in accordance with the requirement of state judicial,\nadministration, military, security and other organs (including but not limited to public security organ, procuratorial organ,\ncourt, customs, tax authorities and security departments, etc.).\nRights and Obligations of Users\n1. Your business permit requirements\nIf the permission or approval by the relevant authorities is required for your commercial or non-commercial activities using\nthe services provided by Baidu AI Cloud, you shall obtain the relevant permission or approval. They shall include but not\nlimited to the followings:\n1) If you run multiple websites on the Cloud Compute Service, you must ensure that all the websites are licensed or\napproved by the national authorities;\n2) If your website provides non-commercial Internet information services, you must apply for ICP license for non-commercial\nwebsites, and ensure that all the submitted information is true and effective, and timely update the information in the ICP\nlicense system in case of any changes in the ICP license information;\n3) If your website provides commercial internet information services, you shall also obtain a commercial website license\nfrom the local communication management authority;\n4) If you provide BBS and other electronic bulletin services, you are also required to apply for ICP license or obtain\ncorresponding approval according to relevant laws and policies;\n5) If you run the internet game website, you shall obtain the cyber culture business license according to law;\n6) If you operate an Internet video website, you shall apply for a license for information network dissemination of\naudiovisual programs in accordance with the law;\n7) If you are engaged in Internet information services such as news, publishing, education, health care, medicines and\nmedical devices, you must be reviewed and approved by relevant authorities in accordance with laws, administrative\nregulations and relevant national regulations. Before applying for business licenses or going through the ICP license\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n5\n\nprocedures, you shall be reviewed and approved by the relevant authority in accordance with the law.\nYou understand and agree that the above does not cover all types of permissions or approvals by the relevant authorities\nfor your commercial or non-commercial activities. You shall obtain the relevant permissions or approvals and comply with\nthe requirements of relevant national and local laws and regulations enacted from time to time.\n2. Guarantee of legality of behavior\nYou guarantee that you will comply with national and local laws and regulations, industry practices and social public ethics\nwhen using the Service, and will not use the services provided by us to store, release and disseminate the followings:\n1) Any content (information) that violates national laws, regulations and policies;\n2) Political propaganda and/or news information in violation of national regulations;\n3) Information involving national secrets and/or security;\n4) Information involving feudal superstition and/or obscene, pornographic, obscene information or information abetting\ncrime;\n5) Information about gambling lottery, gambling games, and information violating the national ethnic and religious policies;\n6) Information hindering the safe operation of the internet;\n7) Information or content that infringes the legitimate rights and interests of others and/or is detrimental to social order,\npublic security and public morality.\nMeanwhile, you also promise not to provide any convenience for others to release the above information which does not\nconform to the national regulations and/or the Agreement, including but not limited to setting URL, BANNER link, sending\nemail, SMS, etc.\nYou agree that Baidu AI Cloud has the right to terminate the provision of the services for you when you violate the above\nagreement, and does not refund any payment. You shall assume relevant legal responsibilities for any loss caused by your\nbehaviors above to Baidu AI Cloud or other users of Baidu AI Cloud.\n3. No dissemination of harmful information\nYou shall not spread bulk unsolicited email advertisements and spam mail (SPAM): i.e. you shall not distribute bulk\nunsolicited emails, electronic advertisements or emails containing reactionary, pornographic and other harmful information\nby using the services provided by Baidu AI Cloud. “Harmful information” includes but is not limited to:\n1. Information related to investigation, competition, pyramid sale, chain letters, spam or any replicable or actively\nprovided messages (for commercial or other purposes) sent by using communication services;\n2. Information containing defamation, abuse, harassment, intimidation, threat to others or other violations of the\nlegitimate rights of others (such as privacy and publicity right);\n3. Release, post, upload, distribute or spread any inappropriate, profane, defamatory, obscene, inferior information or\nother illegal subject, name, material or information;\n4. Upload or otherwise provide files containing images, photos, software or other information protected by intellectual\nproperty law (including but not limited to copyright or trademark law), privacy or publicity right, except where you own\nor control these rights or obtain all necessary permissions;\n5. Infringe any copyright, trademark, patent, business secret or other exclusive rights of any party in any way when\nusing any materials or information (including images and photos) obtained through the service;\n6. Upload software or program containing virus, Trojan horse, worm, time bomb, cleaner, damaged file or any similar\nsoftware or program that may damage other people’s computers or assets;\n7. Advertise or offer to sell or purchase any goods or services for any commercial purpose, unless such information is\nexpressly permitted by the communication service;\n8. Download any file posted by another communication service user that you exactly know or should have known that\nthey shall not be illegally replicated, displayed, executed and/or distributed in such manner;\n9. Forge or delete any copyright management information, such as authorship attribution, legal notice or other\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n6\n\ncorresponding statement, proprietary logo, source or source label of software or other information contained in the\nuploaded file;\n10. Obtain or otherwise collect information about others, including email addresses;\n11. Mislead others by making false identities;\n12. Use, download or otherwise replicate, or make available (free or chargeable) to any other person or entity any\ndirectory, usage information or partial information of the service user or other users.\n4. Requirements for legality of communication service information\nBaidu AI Cloud does not assume the obligation to monitor communication service, but reserves the right to check the\ninformation posted to the communication service and remove any information at its sole discretion. Baidu AI Cloud reserves\nthe right to terminate your access to any or all communication services for legal reasons at any time without further notice.\nPlease always proceed with caution when providing any personally identifiable information about yourself or person under\nyour custody in any communication service. Baidu AI Cloud does not control or accept any content, message or information\nthat appears in any communication service, and does not bear any responsibility for communication service and any\nbehavior caused by your joining in the communication service.\nInformation uploaded to communications services may be subject to public restrictions on use, reproduction and/or\ndistribution; you shall comply with these restrictions upon downloading.\n5. Requirements for legality of resource use\nYou shall not occupy, or cause the programs or processes, etc. to occupy in large quantities the server memory, CPU or\nnetwork bandwidth resources (such as Internet mining, etc.) in the platform (hereinafter referred to as Cloud Platform)\nformed by the Cloud computing resources of Baidu AI Cloud (such as Cloud Compute, network bandwidth, memory space,\netc.), and bring serious and unreasonable loads to the Cloud Platform or the network or servers of other users (including\nbut not limited to local and nonlocal and international networks, servers, etc.), products and applications, which affects the\nsmooth connection between Baidu AI Cloud and the international internet or other specific networks and servers, or cause\nshutdown or crash of the products and services on Cloud Platform or servers of other platform users, or inaccessibility to\nproducts/applications by other platform users basing on Cloud Platform. Once found, your host will be forced to stop, your\nBaidu AI Cloud account will also be frozen immediately, and Baidu AI Cloud reserves the right to pursue your legal liability.\n6. Requirements for safety of software use\nWithout the written permission of Baidu AI Cloud, you shall not modify, translate, adapt, lease, transfer license, spread or\ntransfer the services or software provided by Baidu AI Cloud on the information network, nor shall you try to find the source\ncode of the services or software provided by Baidu AI Cloud through reverse engineering, decompilation or in other ways.\nYou shall not do any damage or attempt to damage network security, including but not limited to phishing, hacking, internet\nfraud, website or space contained or suspected of spreading the followings: Virus, Trojan horse, malicious code, and\nsuspected attacks on other websites and servers, such as scanning, sniffing, ARP spoofing, DDoS, etc.\nYou shall not make any change or attempt to change the configuration or damage the security of systems provided by\nBaidu AI Cloud. When using the service, it shall not damage, disable, overload or obstruct any server of Baidu AI Cloud or\nany networks connected to any server of Baidu AI Cloud in any way, nor interfere with any other user’s use of and access to\nany service. You shall not attempt to use any service, other accounts, and computer systems or network connected to any\nserver of Baidu AI Cloud or any service by intrusion, password stealing or any other means. You shall not obtain or attempt\nto obtain any material or information not explicitly provided by the service by any means.\n7. Requirements for restriction of user behavior\nUnless you have purchased a service specially used for the purpose, you shall not use the Service to engage in DDoS\nprotection, DNS protection and other protection sales business.\nYou shall not use services provided by Baidu AI Cloud to engage in activities not subject to internet censorship to obtain\noverseas illegal information for the Territory.\nYou shall not install or use pirated software on service or platform of Baidu AI Cloud; you shall be responsible for your own\ninstallation of software and operation.\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n7\n\nYou shall, besides the Service, take reasonable and safe technical measures to ensure the security and integrity of all\nkinds of data and other information stored in Baidu server as a result of using the Service, and take full responsibility for\nthe consequences caused by your behaviors (including but not limited to arrearage, own installation of software, encryption\nmeasures or other security measures).\n8. Requirements for legality of user behavior\nWhen using the Service, you must comply with the Agreement and Baidu’s relevant requirements, and shall not use the\nService to engage in or provide convenience for the following behaviors (including but not limited to providing convenience\nfor the behaviors of your end users, etc.):\n1) Use the Cloud Compute of the Service as a virtual server or disk space for lease, and as a proxy server (Proxy) or\nmailbox server;\n2) Conduct illegal internet activities such as gambling lottery, gambling games, “personal server” and “tag-on service” etc.;\n3) Release, transmit and disseminate email advertisement and spam mail (SPAM);\n4) Release, transmit and disseminate unwelcome or unsolicited e-mails, electronic advertisements, SMS advertisements\nor emails or SMS containing reactionary, pornographic and other harmful information;\n5) Establish or use relevant equipment to configure and run programs or processes unrelated to the service used, resulting\nin occupation in large quantities of the server memory, CPU or network bandwidth resources in the Service, and thus\nbringing serious loads to the system of the Service or other network or servers used by the users in the Service (including\nbut not limited to local and nonlocal and international networks, servers, etc.), products/applications and services, which\naffects the smooth connection between the Service and the international internet or other specific networks and servers,\nand smooth connection within the Service, or causes shutdown or crash of the Service or the servers used by other users\nin the Service, or inaccessibility to products or services by other users of service provided by Baidu AI Cloud;\n6) Implement any behaviors destroying or trying to destroy the network security, including but not limited to malicious\nscanning, illegal intrusion into the system, illegal access to data, etc. on the website and the server by virus, Trojan horse,\nmalicious code, phishing, etc.;\n7) Make any change or attempt to change the configuration or damage the security of systems provided by the Service.\n8) Use technology or other means to destroy or disrupt the operation of the Service or the use of the Service by others;\n9) Interfere or attempt to interfere with the normal operation of any product or any part or function of Baidu in any way, or\nmake, release and disseminate the above tools and methods;\n10) Conduct any behavior that may violate honesty and credibility, public order and good customs, and public morality;\nrelease false information in any way to induce users to share false information, etc.;\n11) If you engaged in any business, including but not limited to “DNS resolution”, “security services”, “domain name proxy”,\n“reverse proxy”, etc., resulting in frequent attacks (including but not limited to DDoS attack) suffered by service platform of\nBaidu AI Cloud or other users of the platform, and you failed to correct such behavior in time, or eliminate the impact as\nrequired by Baidu, thereby causing threats to users of platform of the Service or other platforms, once found, your host will\nbe forced to stop and your account will also be frozen immediately.\n9. Agreement on reasonable data processing\nYou can specify the region where your content is stored. Without your consent, we will not transfer your content from the\nregion you choose, unless (a) it must be transferred to comply with applicable laws and regulations or binding orders of\ngovernment agencies; (b) according to your entrustment, you should ensure that your entrustment has gotten the\nnecessary government licenses and user authorizations, and have the right to entrust Baidu to transmit relevant content to\nother regions; (c) it is transferred for the purpose of providing billing, management, technical services or investigating\nsecurity incidents or violations of this agreement. We may process some data in the data center region where you use the\nservice, and we may also process this data in the region where we maintain the operation, support and investigation\nsystem and teams.\nIf you violate this user service agreement, Baidu AI Cloud has the right to refuse to continue to provide you with any\nservices.\nIf you use Baidu AI Cloud products or services to engage in any behavior that violates laws, regulations, or infringes on the\nlegal rights of others, Baidu AI Cloud has the right to perform network security management obligations in accordance with\nthe law, suspend or terminate the service, and reserves the right to pursue your relevant legal liabilities in accordance with\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n8\n\nthe law.\nRights and Obligations of Baidu AI Cloud\n1. Commitment on qualification of service provider\nBeijing Baidu Netcom Science and Technology Co., Ltd. hereby makes the commitment that it is a limited liability company\nduly established and validly existing under the laws of China, and will provide products and services for you in accordance\nwith the Agreement, and earnestly perform the obligations and responsibilities hereunder.\n2. Commitment on protection of business secret\nBaidu AI Cloud will strictly protect your business secrets and privacy according to the Agreement, and will not disclose your\nconfidential information to any third party without legal causes or your permission.\n3. Technical architecture support\nBaidu AI Cloud is responsible for the underlying technical architecture support under the operating system, as well as the\noperation and maintenance of the software provided by Baidu AI Cloud. You are responsible for the third-party applications\ninstalled yourself on the system.\n4. Provision of services as-is\nBaidu AI Cloud continuously improves service quality and level. You understand that, Baidu AI Cloud cannot guarantee that\nthe products and services provided are without defects. You agree that even if services provided by Baidu AI Cloud are\ndefective, the defects are unavoidable considering the industrial technological level then, and they will not be regarded as\ndefault of Baidu AI Cloud. You agree to work with Baidu AI Cloud to solve the problem of service defects due to the\nindustrial technological level.\n5. Associated account management\nCertain products and services provided by Baidu AI Cloud have the function of account authorization management. You can\nauthorize, in whole or part, your operating authorizations to one or more authorized accounts you designated. Under such\ncircumstances, all operations performed under any authorized account shall be regarded as your behavior through your\naccount, and any liability and service cost incurred therefrom shall be borne by you accordingly.\n6. Product compatibility disclaimer\nYou understand and accept that Baidu AI Cloud provides you with security protection basing on certain services, as well as\nrelated functions and services regarding management and monitoring of Cloud resources. Although Baidu AI Cloud has\ncompleted detailed tests on these services, it cannot guarantee that they are completely compatible with all hardware and\nsoftware systems, nor can it guarantee the complete accuracy of its software and services. In case of incompatibility and\nsoftware errors, you shall immediately close or stop using related functions, and contact Baidu AI Cloud in time for\ntechnical support.\n7. Free resource activities\nYou shall understand and agree that, when Baidu AI Cloud conducts testing and R&D of services and promotion of new\nproducts, it will provide the best support for service availability and reliability during your free trial (using) of the services or\nwithin the limit of your free use of the services. However, Baidu AI Cloud will not make any commitment on any service\navailability and reliability, nor will it undertake any liability for the consequences caused by your use of or being deprived\nfrom using the services provided by Baidu AI Cloud. Baidu AI Cloud reserves the possibility of charging for such free\nservices in the future, prior to which you will be notified.\n8. Requirements for authenticity of ICP Service information\nAccording to Article 23 of Administrative Measures for ICP License of Non-commercial Internet-based Information Services,\nif the ICP license information is not true, the website will be closed and the ICP license will be cancelled. Please make\ncommitment and confirm that: All the ICP license information submitted by you is authentic and effective. In case of any\nchanges in your ICP license information, please submit the updated information in the ICP license system in time. If the ICP\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n9\n\nlicense information is not accurate as it was not updated in time, Baidu AI Cloud has the right to close the accessed\nwebsite according to law.\nYou understand and agree to authorize Baidu AI Cloud to, for the purpose of providing you with ICP Service, collect the textual\nand graphic information and live information related to the ICP Service, and conduct or entrust the trusted third-party\ninstitution to conduct the authentic verification. In the case of confirming the authenticity of your ICP license information, you\nwill be provided with ICP license, ICP license change & cancellation and other services.\nThe information collected by Baidu AI Cloud for the purpose of providing you with ICP Service will be used only for such\npurpose. If you have any objection to the collection of relevant information, you have the right to refuse to provide it. You can\nalso consult in detail through the submission of work orders or telephone calls. You understand and accept that Baidu AI\nCloud will not collect and process your ICP license information beyond the scope. In case of disclosure of your information by\nthird party or other data security incidents, any legal liabilities shall be borne by such third party.\n9. No abuse of system resources\nBaidu AI Cloud reserves the right to force shutdown and freeze accounts in case of your abuse of system resources.\n10. Restriction of arrearage behavior\nBaidu AI Cloud reserves the right to suspend the provision of resources and services when your arrearage for resources\nexceeds a certain number of days (see specific product documentation for detailed rules). You shall be responsible for any\npossible consequences caused by the interruption of services, including the data damage and loss.\nUser Business Data and Public Information\nUser Business Data\n1. Baidu AI Cloud understands and recognizes that the data processed, stored, uploaded, downloaded, distributed and\notherwise processed by you through the services provided by Baidu AI Cloud are all your user business data, and you have\nfull ownership of your user business data.\n2. You are responsible for the source and content of your user business data. Baidu AI Cloud reminds you to carefully judge\nthe legality of the data source and content. You shall be solely liable for all consequences and liabilities caused by the\ncontent of your user's business data violating laws, regulations, departmental rules or national policies.\n3. With regard to user business data, Baidu AI Cloud does not perform any unauthorized use or disclosure except for the\nimplementation of your service requirements; except in the following circumstances:\n1. Baidu AI Cloud has the obligation to provide cooperation in accordance with the requirements of relevant laws,\nregulations or policy documents when inquiring or reading user business data by relevant state agencies according\nto law, and to disclose to third parties or administrative, judicial and other institutions;\n2. You and Baidu AI Cloud will negotiate separately.\n4. You can delete or change your user business data yourself. If you release the service or delete the data yourself, Baidu AI\nCloud will delete your online data and no longer retain such data in accordance with your instructions. You should be\ncautious about deleting and changing data.\n5. When the service expires, the service is terminated early (including but not limited to early termination by mutual\nagreement, early termination due to other reasons, etc.) or you are in arrears, unless expressly agreed by laws and\nregulations, required by the competent authority or otherwise agreed by both parties, Baidu AI Cloud can only continue to\nstore your user business data (if any) within a certain buffer period (subject to the time limit specified in the exclusive\nterms, product documentation, service description, etc. applicable to the service you ordered); when the buffer period\nexpires, Baidu AI Cloud will delete all user business data, including all cached or backup copies, and no longer retain any of\nyour user business data\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n10\n\n6. Once the user business data is deleted, it cannot be recovered; you shall bear the consequences and responsibilities\ncaused by the deletion of the data. You understand and acknowledge that Baidu AI Cloud has no obligation to continue to\nretain, export or return user business data.\n7. According to your agreement with Baidu AI Cloud, Baidu AI Cloud stores user business data in your selected data center.\nBaidu AI Cloud abides by its security commitments to users and protects users' data stored in the Baidu AI Cloud data\ncenter in accordance with applicable laws.\nUser Account Information\n1. Your user account information, including the information filled in or submitted when you log in to your Baidu AI Cloud\naccount or order or use Baidu AI Cloud services:\n(1) Information including company name, business license information, name, gender, date of birth, ID number, passport\ninformation, phone number, email address, address (including zip code), and payment account number\n(2) Baidu AI Cloud's records of the service process, including your bills, historical purchase information, consultation\nrecords, fault reporting records, and troubleshooting process, etc.\n2. The collection of your user account information aims at providing you with services and improving service quality, so, in\norder to achieve this purpose, Baidu AI Cloud will only use your information for the following purposes, unless you and\nBaidu AI Cloud have agreed otherwise or it is inquired or read by relevant state agencies according to law:\n(1) Provide you with various services you use, and maintain and improve these services;\n(2) Subject to the requirements of relevant laws and regulations, recommend to you content that may interest you,\nincluding but not limited to sending you product and service information.\nUser Support Data\nYou understand and acknowledge that in order to respond to your requests for help in a timely manner, ensure the overall\nsecurity of the cloud platform, and improve Baidu AI Cloud's services, Baidu AI Cloud will detect, browse, and record your\nservice usage behavior, unsafe features of your data and other user support data. User support data does not include user\nbusiness data and user account information.\nService Provisioning, Payment and Termination\n1. You can activate and use the service through your Baidu AI Cloud account.\n2. You can activate the service through advanced top-up or post-payment. After activation, you can use the service by getting\nthe key and password for logging in and using the service sent to you by Baidu AI Cloud. The service period starts from the\ntime of activation.\n3. Before the expiration of the service period, if you unsubscribe from the corresponding service without any reason, Baidu AI\nCloud has the right to take measures such as restoring the original price, charging liquidated damages, or charging\ncancellation/refund handling fees, whichever is specified on the display page on the corresponding official website or in the\ncorresponding order;\n4. The method of charging during the service period, the method of using resources, the processing of unused resources after\nthe service expires, etc., are subject to the corresponding product or service order agreement.\n5. You understand and acknowledge that Baidu AI Cloud does not guarantee the permanent provision of certain services, or\nmay change the forms, specifications or other aspects of the services provided, due to technical upgrades, service system\nupgrades, or business strategy adjustments or changes in coordination with major national technology, regulations and\npolicies. Before terminating the service or making such changes, Baidu AI Cloud will make its best efforts to give advance\nnotice in advance by one or more methods such as website announcements, message, emails or short messages. To\nterminate the provision of this type of service, Baidu AI Cloud shall notify no less than 30 days in advance, and handle\nfollow-up matters properly (including but not limited to refund service fees that you have paid but not consumed to your\nBaidu AI Cloud account).\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n11\n\n6. In the event of one of the following circumstances, the service period shall be terminated early:\n1）Both parties agree to terminate early;\n2）If you have seriously violated this agreement (including but not limited to, you have seriously violated relevant laws and\nregulations, or you have seriously violated any of the promises under this agreement, etc.), Baidu AI Cloud has the right to\nterminate the service in advance until all of your data are cleared;\n3）You understand and fully acknowledge that although Baidu AI Cloud has established (and will continue to improve\naccording to technological development) the necessary technical measures to prevent events or behaviors (hereinafter\nreferred to as these behaviors), such as computer viruses, network intrusions and attack damage (including but not limited\nto DDoS) from endangering network security. But in view of the limitations and relativity of network security technology and\nthe unpredictability of these behaviors, if your website encounters such behaviors, which do damage to Baidu AI Cloud or\nother Baidu networks or servers (including but not limited to local, foreign and international networks, servers, etc.), or\naffect the smooth communication between Baidu AI Cloud and the Internet or other specific networks, servers, and Baidu\nAI Cloud inside communication, Baidu AI Cloud may decide to suspend or terminate the service or take other necessary\nprotective measures.\nDisclaimer\n1. Baidu AI Cloud will not guarantee (including but not limited to):\n1）Baidu AI Cloud will meet the use requirements of all users;\n2）Baidu AI Cloud will not be interfered in and will always be timely, safe, reliable or free from errors; and any products,\nservices or other materials acquired by users via Baidu AI Cloud will meet users’ expectations.\n3）You will solely assume any risks arising from your use of any materials you have downloaded or acquired via Baidu AI\nCloud; you will take full responsibility for your computer system failure or data losses due to your use of this product;\n2. Baidu AI Cloud will reserve the right to suspend or terminate the provision for your services in case you violate laws and\nregulations issued by the state or the local government or you violate this service agreement, and will reserve the right to\npursue legal liability against you.\n3. You agree and authorize Baidu AI Cloud to terminate directly the provision for your services, pursue legal liability against\nyou by law and disclose through the website connected to Baidu if you cheat, publish or sell fake and shoddy products,\ninfringe upon the lawful rights and interests of others or you seriously violate any service rules of Baidu AI Cloud when you\nuse Baidu AI Cloud service. Under these circumstances, your account of Baidu AI Cloud may be directly shut down, and you\nmay neither use any products provided by Baidu via PC or Apps more due to your above-mentioned behavior, nor log in any\nwebsite of Baidu again. At the same time, Baidu will terminate its provision for all services to you.\n4. The reminder related to the trading operation appeared in content of this agreement or on pages of relevant products, or\nthe information (short messages or calls) and content sent by Baidu AI Cloud to your mobile phone are relevant guidance\nfor you to use this service when you use services provided by Baidu AI Cloud. Your use of this service represents you have\nagreed to accept the relevant guidance and rules provided by Baidu AI Cloud service. You understand and agree that Baidu\nAI Cloud has the right to improve and adjust relevant rules of Baidu AI Cloud services unilaterally without asking for your\nconsent. The service guidance and rules shall be subject to the reminder on pages (or short messages or calls sent to the\nmobile phone) when you use the services. Your use of Baidu AI Cloud service shall be conditioned by your agreement and\ncompliance with the service guidance and rules.\n5. Baidu AI Cloud may inform you of the progress of services and remind you of the next operation by e-mail (or short\nmessages or calls sent to your mobile phone). However, Baidu AI Cloud will not guarantee that you can receive or timely\nreceive this e-mail (or short messages or calls sent to this mobile phone) and will not promise to assume any results\ntherefor. Therefore, you should log in the website of relevant products and services in a timely manner to view and carry out\nthe trading operations during the service. Baidu AI Cloud will not assume any responsibility for any disputes or losses\narising from your failure to view or / and modify or confirm the service status or your failure to submit relevant applications.\n6. You shall solely be responsible for all consequences resulted from the incorrect contact information you have previously\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n12\n\nprovided to Baidu AI Cloud and poor safety and stability of your e-mail through which you receive e-mails sent by Baidu AI\nCloud, including but not limited to consequences and losses arising from your failure to receive relevant notices sent by\nBaidu AI Cloud timely.\n7. System interruption or failure When you can’t use any online service due to the following conditions which may affect the\nnormal operation of the system, Baidu AI Cloud will not be liable for damages. Such conditions include but not limited to:\n1. The system downtime and maintenance period of Baidu AI Cloud;\n2. When the data can’t be transmitted due to the failure of telecommunication equipment;\n3. When the business can’t be done due to the system failure of Baidu AI Cloud, which is resulted from the force\nmajeure such as typhoon, earthquake, tsunami, flood, power failure, war and terrorist attack;\n4. The service interruption or latency resulted from the hacker attack, technical adjustment done by\ntelecommunications sector or technical failure, website upgrade and problems related to banks;\n8. If the service you use is provided by a third party, the quality of service provided by such third party shall be assumed by\nthe third party itself.\n9. Some links marked “Here” may guide you to leave the origin server. The server contained in links is not under the control of\nBaidu AI Cloud. Baidu AI Cloud will not be responsible for any content provided by any link server, any links contained in the\nlink server or any change or renewal of such server. Baidu AI Cloud will not be responsible for any content from any link\nserver. Baidu AI Cloud provides these links only for the purpose of providing convenience, but it doesn’t imply that Baidu AI\nCloud approves corresponding third party server.\n10. Where it is permitted by law, Baidu AI Cloud will not be liable for any indirect, punitive, special and derivative losses\n(including business losses, loss in revenue, loss of profit, loss of use of data or other economic benefits) related to or\narising from this agreement, no matter how such loss is caused or no matter whether such loss is resulted from the\nbreach hereof (including the violation of guarantee) or the infringement, even though Baidu AI Cloud is informed of the\npossibility of such losses in advance. In addition, Baidu AI Cloud will be exempted from the responsibility for the above-\nmentioned losses even though the exclusive remedies as prescribed herein fail to realize the fundamental goal.\n11. In consideration of particularity of network services, you agree that Baidu AI Cloud may change, suspend or terminate\nservices in part or whole at any time with legitimate reasons and will not be responsible for you therefor. However, Baidu AI\nCloud will inform you of the said situation in advance as early as possible so that you can transfer and have a backup of\nrelevant data as well as adjust businesses for the purpose of protecting your legal rights and interests.\n12. Baidu AI Cloud may repair, maintain, upgrade and relocate the machine room, server, broadband and database you use\ntime to time in order to ensure the safety and stability of services. If the relevant services are interrupted or suspended\nwithin a reasonable time due to the above-mentioned situation, Baidu AI Cloud will not be responsible for you therefor. In\ncase of important change (such as the relocation of machine room), Baidu AI Cloud shall inform you at least 30 days in\nadvance, and you shall cooperate with Baidu AI Cloud. You understand and agree Baidu AI Cloud may terminate your\nservices and refund your payment which you have already made but you have not consumed yet to your account.\n13. You understand and agree: The service provided by Baidu AI Cloud is based on the current situation which the existing\ntechnology and condition can reach. Baidu AI Cloud will try its best to provide services for you to make the service coherent\nand safe. However, Baidu AI Cloud can neither guarantee services provided by itself are flawless, nor foresee or prevent\nlegal, technical and other risks at any time, including but not limited to service interruption, loss of data, data leakage or\ndata theft and other losses as well as risks arising from the force majeure, virus, trojans, hacker attack, unstable system,\nservice flaw of a third party and acts of government. Therefore, you agree: Baidu AI Cloud will not be deemed as the breach\nhereof even though the service provided by Baidu AI Cloud has flaws because the said flaws can’t be avoided by the\ntechnological level of the industry at that time. Meanwhile, Baidu AI Cloud shall be exempted from any liability for losses of\ndata or information therefrom.\n14. You understand and agree: During the use of this service, this service may be interrupted by risks such as the force\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n13\n\nmajeure. In case of the said circumstance, Baidu AI Cloud will try to cooperate with relevant departments in the first place\nand restore it timely, provided that Baidu AI Cloud will be exempted from any losses therefrom.\n15. You understand and agree: Baidu AI Cloud will not be liable for any losses due to your installation of pirated software,\nsystem and data resource during your use and installation of CVM Server. Baidu shall reserve its right of recourse in case\nlosses of Baidu are caused by your own behavior.\nIntellectual Property Rights\n1. The intellectual property rights of all products, technologies and all programs of Baidu AI Cloud are owned by Baidu. The\nnames and related graphics and logos of Baidu AI Cloud, other products and services of Baidu AI Cloud are registered\ntrademarks of Baidu. Without the permission of Baidu AI Cloud and Baidu, no one is allowed to use such trademarks\n(including but not limited to: copying, disseminating, displaying, mirroring, uploading, downloading in illegal ways).\nOtherwise, it will be held liable by law.\n2. The intellectual property rights of any material, technology or technical support, software, service, etc. provided to the other\nparty under the Agreement shall be owned by the provider or its legal right holder; unless expressly agreed by the provider\nor legal right holder, the other party has no right to copy, disseminate, transfer, license or provide for the use of others the\nabove-mentioned knowledge, otherwise it shall be held liable.\n3. You shall guarantee that the information provided to Baidu AI Cloud, all the data uploaded to Baidu AI Cloud service, the\nuse of Baidu AI Cloud service, and the materials involved in using Baidu AI Cloud service or the corresponding results\nproduced will not infringe the legitimate rights and interests of any third party; if any third party files any complaints, claims,\nlawsuits or other types of demands against you for the information and data you provide, upload or use, or your actions\nand work results, You understand and acknowledge that you shall solve it immediately and compensate Baidu AI Cloud for\nall the economic losses arising therefrom, including but not limited to all cost, compensation expenses, etc.\n4. If a third-party organization or individual raises questions or complaints about the ownership of the intellectual property\nrights of Baidu AI Cloud services, you shall inform Baidu AI Cloud in time, and Baidu AI Cloud will handle the same.\n5. Materials provided by you to Baidu AI Cloud or materials published on any Baidu website For information you provide to\nBaidu AI Cloud (including feedback and suggestions), or the information you post, upload, enter or submit to any service or\nits associated service for view of the general public or any public or private community members (hereinafter referred to as\nyour submission), by posting, uploading, entering, providing or submitting (hereinafter referred to as \"posting\") your\nsubmission, you grant Baidu AI Cloud and its affiliates and necessary sub-licensee the right to use the submission related\nto the operation of its Internet business (including but not limited to all Baidu services), including but not limited to the\nfollowing rights to: copy, distribute, transmit, publicly display, publicly execute, reproduce, edit, translate and reprint your\nsubmissions; and to sublicense such rights to any provider of the service.\n6. It is hereby agreed that no compensation will be paid for use of your submissions. Baidu AI Cloud is not obliged to post or\nuse any information you may provide, and Baidu AI Cloud may remove any submissions at any time at its sole discretion.\n7. By posting your submissions, you guarantee and state that you own or otherwise control all the rights described in the\nTerms of Use, including but not limited to all rights necessary for your provision, posting, uploading, entering or\nsubmission.\n8. In addition to the above guarantees and statement, by posting submissions containing images, photos, pictures or other\ngraphics in whole or in part (hereinafter referred to as \"images\"), you guarantee and state that: (a) You are the copyright\nowner of such images, or the copyright owner of such images has allowed you to use such images or any content and/or\nimages contained in such images, and you shall use such images in a same way and for a same purpose as authorized\nand specified in the Terms of Use and the service, (b) you have the rights required to grant licenses and sub-licenses (as\ndescribed in the Terms of Use), and (c) each person in such images (if any) have agreed to the use of images specified in\nthe Terms of Use, including but not limited to distribution, public display and copying of such images. By posting such\nimages, you grant (a) all members of the private community (because each such image is accessible to members of such\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n14\n\nprivate community), and/or (b) the general public (because each such image can be placed anywhere on the service except\nfor private communities (including but not limited to the production of printed matter and gifts containing such images) the\nrights to use your images when using any service in accordance with the Terms of Use, including but not limited to a non-\nexclusive, global, royalty-free license to: copy, distribute, transmit, publicly display, publicly execute, copy, edit, translate\nand reprint your images without attaching your name to such images; and the right to sublicense such rights to any provider\nof the service. When you completely remove such images from the service, the image license granted in the previous\nsentence terminates, provided that such termination shall not affect any licenses unrelated to such images granted before\nyour complete removal. No compensation will be paid for use of your image.\n9. If (1) all copies contain the following copyright notice, and contain both the copyright notice and the permission notice; (2)\nsuch service documents are only for information and non-commercial or personal use, and will not be copied or published\non any network computer, or disseminated through any medium; and (3) no modification is made to any document, the\nlicense to use the service documents (such as white papers, press releases, data sheets and FAQs) is granted.\nRecognized educational institutions, such as schools, research institutes, etc., may download and copy documents, and\ndistribute them in the classroom for teaching purposes. Distribution of documents outside of the classroom requires\nexplicit written permission. The use of documents for any other purpose is expressly prohibited by law and may result in\nsevere civil and criminal penalties.\n10. The above documents do not contain the design or layout of the Baidu AI Cloud website or any other sites owned,\noperated, licensed or controlled by Baidu. The elements of the Baidu website are protected by the Trade Dress Law,\nTrademark Law, Anti-Unfair Competition Law and other laws, and shall not be copied or imitated in whole or in part. Without\nthe express permission of Baidu, it is not allowed to copy or transmit any logo, graphics, sound or image related to Baidu\nor product on Baidu website.\n11. Baidu and/or its suppliers make(s) no statement regarding the applicability of the information and related graphics\ncontained in the document published as part of the service for any purpose. All such documents and related graphics shall\nbe provided \"As Is\" without warranty of any kind. Baidu shall not be liable for any special, indirect, consequential damage\nor any other damage caused by use interruption, data or profit loss arising from or in connection with the use or execution\nof the information provided by the service, whether in contract, negligence, tort, or otherwise.\nConfidentiality\n1. You and Baidu AI Cloud make a solemn commitment that one party will not disclose the confidential information of the\nother party acquired during the cooperation to any third party in any form, and that the personnel who have an access to\nsuch confidential information shall strictly observe the confidentiality obligation as set forth in this article.\n2. Both parties hereto agree to try their best to protect the confidential information from being disclosed. In case the\ndisclosure of confidential information is detected, both parties shall cooperate with each other to avoid or reduce the\nconsequences of damage by taking all reasonable measures.\n3. The said confidentiality obligation shall not be terminated due to the change, cancellation or termination of this agreement.\n4. The confidential information mentioned in this agreement refer to:\na) Paper or electronic materials such as any agreement, faxes or e-mails exchanged between parties hereto related to this\nproject, including the content and terms hereof (discount or promotional information provided by Baidu AI Cloud to you in\nparticular);；\nb) Price, financial and marketing planning, customers’ materials, unreleased products, business plan, marketing\ninformation, investment information, financial position, drawing, design idea, technical know-how, computer programs,\nsource code, research approach and other materials;\nc) The information and document designated by the disclosing party as the business secret with the text or mark on or\nbefore the disclosure;\nd) Other information which conforms to the constitutive requirements of legal trade secrets.\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n15\n\n5. This article shall not apply to the following content:\na) Information which has already known by the public;\nb) Non-confidential information which is acquired by the information receiving party through legitimate means and is widely\nknown by the industry.\nc) The information which has already been known by the information disclosing party, and the information disclosing party\nis not obligated to keep it secret;\nd) The information disclosed by a third party and regarded as the one which need not be kept secret by the information\nreceiving party through the most prudent judgment;\ne) The information developed by the information receiving party independently;\nf) The confidential information disclosed by the information receiving party with a written consent from the information\ndisclosing party;\ng) When this agreement is submitted to a third party only for the purpose of submission of tender as described previously\nin response to the bidding requirement of the third party;\nh) Baidu AI Cloud shares your data to a third party within a reasonable and necessary scope for the purpose of providing\nthe service you demand;\ni) The content which must be exposed to any authorities or institutions in accordance with the requirement of laws.\nOthers\n1. This agreement will enter into force immediately after it is announced. Baidu AI Cloud has the right to modify the content of\nthis agreement at any time. The modified results are published on Baidu AI Cloud website through push notifications, web\nannouncement, and so on, without serving a separate notification to you. If you do not agree to the changes made by Baidu\nAI Cloud to this agreement, you have the right to cease using the network service. Your continued use of the network\nservice will be deemed that you accept the changes made by Baidu AI Cloud to the relevant provisions of this agreement.\n2. Baidu AI Cloud has the right of reasonable processing and final interpretation regarding various special offers under this\nagreement, including but not limited to invitation codes, vouchers, and virtual currencies.\n3. All notifications of Baidu AI Cloud to users under the SLA can be made through work order, webpage announcements,\nmessages, emails, SMS or other forms. Such notifications are deemed to have been delivered to the recipients on the date\nof delivery.\n4. The conclusion, execution, interpretation of this agreement as well as dispute resolution shall be governed by Chinese laws\n(for the purposes of this agreement, the laws of Hong Kong Special Administrative Region, Macau Special Administrative\nRegion and Taiwan region are not included, and conflicts of laws are not used). If there is any dispute between the two\nparties regarding the content of the SLA or its implementation, the two parties shall try to resolve the issue through friendly\nnegotiation. If the negotiation fails, either party may bring a lawsuit to the People's Court of Haidian District of Beijing.\n5. The SLA constitutes an entire agreement between the two parties on the matters agreed in the SLA and other related\nmatters. Except as provided in the SLA, no other rights are granted to the parties to the SLA.\n6. If any agreement in the SLA is completely or partially invalid or not enforceable for whatever reason, the rest of the SLA is\nstill valid and binding.\nPrivacy Policy\nIntroduction\nRegarding the versions of agreement provided by Baidu AI Cloud China Station, the Chinese version shall prevail, and the\nEnglish version is for reference only.\nBaidu 百度智能云文档\nPrivacy Policy\n16\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Dropbox","url":"https://www.dropbox.com/en/terms","lang":"ENG","sector":"Cloud storage","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"14.01.2022"},"document":{"title":"","text":"Dropbox Terms of Service\nPosted: October 29, 2021\nEffective: January 14, 2022\nYou can see your previous Terms here.\nThanks for using Dropbox! Our mission is to create a more enlightened way of working by\nproviding an intuitive, unified platform to keep your content safe and accessible while\nhelping you and those you work with stay coordinated and in sync. These terms of service\n(“Terms”) cover your use and access to our services, client software and websites\n(\"Services\"). If you reside outside of the United States of America, Canada and Mexico\n(“North America”) your agreement is with Dropbox International Unlimited Company. If you\nreside in North America your agreement is with Dropbox, Inc. Our Privacy Policy explains\nhow we collect and use your information while our Acceptable Use Policy outlines your\nresponsibilities when using our Services. By using our Services, you’re agreeing to be bound\nby these Terms, our Privacy Policy, and Acceptable Use Policy.\nYour Stuff & Your Permissions\nWhen you use our Services, you provide us with things like your files, content, messages,\ncontacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to\nYour Stuff except for the limited rights that enable us to offer the Services.\nWe need your permission to do things like hosting Your Stuff, backing it up, and sharing it\nwhen you ask us to. Our Services also provide you with features like commenting, sharing,\nsearching, image thumbnails, document previews, optical character recognition (OCR), easy\nsorting and organization, and personalization to help reduce busywork. To provide these and\nother features, Dropbox accesses, stores, and scans Your Stuff. You give us permission to do\nthose things, and this permission extends to our affiliates and trusted third parties we work\nwith.\nYour Responsibilities\nYour use of our Services must comply with our Acceptable Use Policy. Content in the\nServices may be protected by others’ intellectual property rights. Please don’t copy, upload,\ndownload, or share content unless you have the right to do so.\nDropbox may review your conduct and content for compliance with these Terms and our\nAcceptable Use Policy. We aren’t responsible for the content people post and share via the\nServices.\nLegal\nSign in\n\nHelp us keep Your Stuff protected. Safeguard your password to the Services, and keep your\naccount information current. Don’t share your account credentials or give others access to\nyour account.\nYou may use our Services only as permitted by applicable law, including export control laws\nand regulations. Finally, to use our Services, you must be at least 13 if you reside in the\nUnited States, and 16 if you reside anywhere else. If the law where you reside requires that\nyou must be older in order for Dropbox to lawfully provide the Services to you without\nparental consent (including use of your personal data), then you must be that older age.\nSoftware\nSome of our Services allow you to download client software (“Software”) which may update\nautomatically. So long as you comply with these Terms, we give you a limited, nonexclusive,\nnontransferable, revocable license to use the Software, solely to access the Services. To the\nextent any component of the Software may be offered under an open source license, we’ll\nmake that license available to you and the provisions of that license may expressly override\nsome of these Terms. Unless the following restrictions are prohibited by law, you agree not to\nreverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.\nBeta Services\nWe sometimes release products and features that we’re still testing and evaluating (“Beta\nServices”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation”\n(or with words or phrases with similar meanings) and may not be as reliable as Dropbox’s\nother services. Beta Services are made available so that we can collect user feedback, and by\nusing our Beta Services, you agree that we may contact you to collect such feedback.\nBeta Services are confidential until official launch. If you use any Beta Services, you agree\nnot to disclose any information about those Services to anyone else without our permission.\nAdditional Features\nFrom time to time, Dropbox will add additional features to enhance the user experience of\nour storage service at no additional charge. However, these free features may be withdrawn\nwithout further notice.\nOur Stuff\nThe Services are protected by copyright, trademark, and other US and foreign laws. These\nTerms don’t grant you any right, title, or interest in the Services, others’ content in the\nServices, Dropbox trademarks, logos and other brand features. We welcome feedback, but\nnote that we may use comments or suggestions without any obligation to you.\nCopyright\nWe respect the intellectual property of others and ask that you do too. We respond to notices\nof alleged copyright infringement if they comply with the law, and such notices should be\nreported using our Copyright Policy. We reserve the right to delete or disable content alleged\n\nto be infringing and terminate accounts of repeat infringers. Our designated agent for notice\nof alleged copyright infringement on the Services is:\nCopyright Agent\nDropbox, Inc.\n1800 Owens St\nSan Francisco, CA 94158\[email protected]\nPaid Accounts\nBilling. You can increase your storage space and add paid features to your account (turning\nyour account into a “Paid Account”). We’ll automatically bill you from the date you convert to\na Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan,\nwe’ll send you a notice email reminding you that your plan is about to renew within a\nreasonable period of time prior to the renewal date. You’re responsible for all applicable\ntaxes, and we’ll charge tax when required to do so. Some countries have mandatory local\nlaws regarding your cancellation rights, and this paragraph doesn’t override these laws.\nCancellation. You may cancel your Dropbox Paid Account at any time. Refunds are only\nissued if required by law. For example, users living in the European Union have the right to\ncancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or\nrenewing a Paid Account by clicking here.\nDowngrades. Your Paid Account will remain in effect until it's cancelled or terminated under\nthese Terms. If you’re on a Dropbox Family plan, the Family manager may be able to\ndowngrade your account at any time. If you don’t pay for your Paid Account on time, we\nreserve the right to suspend it or remove Paid Account features.\nChanges. We may change the fees in effect on renewal of your subscription, to reflect factors\nsuch as changes to our product offerings, changes to our business, or changes in economic\nconditions. We’ll give you no less than 30 days’ advance notice of these changes via a\nmessage to the email address associated with your account and you’ll have the opportunity\nto cancel your subscription before the new fee comes into effect.\nDropbox Business Teams\nEmail address. If you sign up for a Dropbox account with an email address provisioned by\nyour organization, your organization may be able to block your use of Dropbox until you\ntransition to an account on a Dropbox Business or Education team (collectively, “Dropbox\nBusiness Team”) or you associate your Dropbox account with a personal email address.\nUsing Dropbox Business Teams. If you join a Dropbox Business Team, you must use it in\ncompliance with your organization’s terms and policies. Please note that Dropbox Business\nTeam accounts are subject to your organization's control. Your administrators may be able to\naccess, disclose, restrict, or remove information in or from your Dropbox Business Team\naccount. They may also be able to restrict or terminate your access to a Dropbox Business\nTeam account. If you convert an existing Dropbox account into part of a Dropbox Business\nTeam, your administrators may prevent you from later disassociating your account from the\nDropbox Business Team.\n\nTermination\nYou’re free to stop using our Services at any time. We reserve the right to suspend or\nterminate your access to the Services with notice to you if:\n1. you’re in breach of these Terms,\n2. your use of the Services would cause a real risk of harm or loss to us or other users, or\n3. you don’t have a Paid Account and haven't accessed our Services for 12 consecutive\nmonths.\nWe’ll provide you with reasonable advance notice via the email address associated with your\naccount to remedy the activity that prompted us to contact you and give you the opportunity\nto export Your Stuff from our Services. If after such notice you fail to take the steps we ask of\nyou, we’ll terminate or suspend your access to the Services.\nWe won’t provide notice or an opportunity to export Your Stuff before termination or\nsuspension of access to the Services where:\n1. you’re in material breach of these Terms,\n2. doing so would cause us legal liability or compromise our ability to provide the\nServices to our other users, or\n3. we're prohibited from doing so by law.\nDiscontinuation of Services\nWe may decide to discontinue the Services in response to exceptional unforeseen\ncircumstances, events beyond Dropbox’s control (for example a natural disaster, fire, or\nexplosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior\nnotice so that you can export Your Stuff from our systems (we will give you no less than 30\ndays’ notice where possible under the circumstances). If we discontinue the Services in this\nway before the end of any fixed or minimum term you have paid us for, we’ll refund the\nportion of the fees you have pre-paid but haven't received Services for.\nServices “AS IS”\nWe strive to provide great Services, but there are certain things that we can't guarantee. TO\nTHE FULLEST EXTENT PERMITTED BY LAW, DROPBOX AND ITS AFFILIATES,\nSUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR\nIMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED \"AS IS.\" WE ALSO\nDISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR\nPURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this\nparagraph, so they may not apply to you. For example, these disclaimers do not override the\nlegal protections, including statutory warranties, granted to consumers by EU law.\nLimitation of Liability\n\nWE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL\nTO DO SO—THIS INCLUDES ANY LIABILITY FOR DROPBOX’S OR ITS AFFILIATES’\nFRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN\nCOUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED,\nWE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A\nREASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE\nAND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH\nDOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY\nCONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS\nDO NOT EXCLUDE DROPBOX’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A\nRESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE\nSERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE\nLOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.\nIN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED,\nDROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:\n1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR\nCONSEQUENTIAL DAMAGES, OR\n2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL\nTHEORY.\nTHESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR\nNOT DROPBOX OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY\nOF SUCH DAMAGES.\nIF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE\nPURPOSE, DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO\nLIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS\nINTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. DROPBOX AND ITS\nAFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR\nOFFLINE, OF ANY USER OF THE SERVICES.\nOTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS\nDESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF\n$20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE\nPLAN WITH DROPBOX. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS\nWHERE PROHIBITED BY APPLICABLE LAW.\nResolving Disputes\nLet’s Try to Sort Things Out First. We want to address your concerns without needing a\nformal legal case. Before filing a claim against Dropbox, you agree to try to resolve the\ndispute informally by sending us a written Notice of Dispute at [email protected]\nthat includes your name, a detailed description of the dispute, and the relief you seek. We’ll\ntry to resolve the dispute informally by contacting you via email. If a dispute is not resolved\nwithin 60 days after submission, you or Dropbox may bring a formal proceeding. If you reside\n\nin the EU, the European Commission provides for an online dispute resolution platform,\nwhich you can access here: https://ec.europa.eu/consumers/odr.\nJudicial Forum for Disputes. You and Dropbox agree that any judicial proceeding to resolve\nclaims relating to these Terms or the Services will be brought in the federal or state courts of\nSan Francisco County, California, subject to the mandatory arbitration provisions below. Both\nyou and Dropbox consent to venue and personal jurisdiction in such courts. If you reside in a\ncountry (for example, a member state of the European Union) with laws that give consumers\nthe right to bring disputes in their local courts, this paragraph doesn’t affect those\nrequirements.\nIF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY\nARBITRATION PROVISIONS:\nWe Both Agree to Arbitrate. You and Dropbox agree to resolve any claims relating to\nthese Terms or the Services through final and binding individual arbitration by a\nsingle arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate”\nbelow. This includes disputes arising out of or relating to the interpretation or\napplication of this “Mandatory Arbitration Provisions” section, including its scope,\nenforceability, revocability, or validity. The arbitrator may award relief only individually\nand only to the extent necessary to redress your individual claim(s); the arbitrator may\nnot award relief on behalf of others or the general public.\nOpt out of Agreement to Arbitrate. You can decline this agreement to arbitrate by\nclicking here and submitting the opt-out form within 30 days of first registering your\naccount or agreeing to these Terms. However, if you agreed to a previous version of\nthese Terms that allowed you to opt out of arbitration, your previous choice to opt out\nor not opt out remains binding.\nArbitration Procedures. The American Arbitration Association (AAA) will administer\nthe arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing\ninstructions are available at www.adr.org or by calling 1-800-778-7879. The\narbitration will be held in the United States county where you live or work, San\nFrancisco (CA), or any other location we agree to.\nArbitration Fees and Incentives. The AAA rules will govern payment of all arbitration\nfees. For individual arbitration of non-frivolous claims less than $75,000 for which you\ntimely provided Dropbox with a Notice of Dispute, Dropbox will reimburse arbitration\nfiling fees at the conclusion of the arbitration and will pay other arbitration fees. For\nall other claims, the costs and fees of arbitration shall be allocated in accordance with\nthe arbitration provider’s rules, including rules regarding frivolous or improper claims.\nIf you receive an arbitration award that is more favorable than any offer we make to\nresolve the claim, we will pay you $1,000 in addition to the award. Dropbox will not\nseek its attorneys' fees and costs in arbitration unless the arbitrator determines that\nyour claim is frivolous or brought for an improper purpose.\nExceptions to Agreement to Arbitrate. Either you or Dropbox may assert claims, if they\nqualify, in small claims court in San Francisco (CA) or any United States county\nwhere you live or work. Either party may bring a lawsuit solely for injunctive relief to\n\nstop unauthorized use or abuse of the Services, or intellectual property infringement\n(for example, trademark, trade secret, copyright, or patent rights) without first\nengaging in arbitration or the informal dispute-resolution process described above. If\nthe agreement to arbitrate is found not to apply to you or your claim, you agree to the\nexclusive jurisdiction of the state and federal courts in San Francisco County,\nCalifornia to resolve your claim.\nNO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us\non an individual basis, and may not bring a claim as a plaintiff or a class member in a\nclass, consolidated, or representative action. Class arbitrations, class actions, private\nattorney general actions, and consolidation with other arbitrations aren’t allowed.\nSeverability. If any part of this “Mandatory Arbitration Provisions” section is found to\nbe illegal or unenforceable, the remainder will remain in effect, except that if a finding\nof partial illegality or unenforceability would allow class or representative arbitration,\nthis “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If\nyou are found to have a non-waivable right to bring a particular claim or to request a\nparticular form of relief that the arbitrator lacks authority to redress or award\naccording to this “Mandatory Arbitration Provisions” section, including public\ninjunctive relief, then only that respective claim or request for relief may be brought in\ncourt, and you and we agree that litigation of any such claim or request for relief shall\nbe stayed pending the resolution of any individual claim(s) or request(s) for relief in\narbitration.\nControlling Law\nThese Terms will be governed by California law except for its conflicts of laws principles.\nHowever, some countries (including those in the European Union) have laws that require\nagreements to be governed by the local laws of the consumer's country. This paragraph\ndoesn’t override those laws.\nEntire Agreement\nThese Terms constitute the entire agreement between you and Dropbox with respect to the\nsubject matter of these Terms, and supersede and replace any other prior or\ncontemporaneous agreements, or terms and conditions applicable to the subject matter of\nthese Terms. Our past, present, and future affiliates and agents can invoke our rights under\nthis agreement in the event they become involved in a dispute with you. Otherwise, these\nTerms do not give rights to any third parties.\nWaiver, Severability & Assignment\nDropbox’s failure to enforce a provision is not a waiver of its right to do so later. If a provision\nis found unenforceable, the remaining provisions of the Terms will remain in full effect and\nan enforceable term will be substituted reflecting our intent as closely as possible. You may\nnot assign any of your rights under these Terms, and any such attempt will be void. Dropbox\nmay assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of\nany business associated with the Services.\nModifications\n\nWe may revise these Terms from time to time to better reflect:\n1. changes to the law,\n2. new regulatory requirements, or\n3. improvements or enhancements made to our Services.\nIf an update affects your use of the Services or your legal rights as a user of our Services,\nwe’ll notify you prior to the update's effective date by sending an email to the email address\nassociated with your account or via an in-product notification. These updated terms will be\neffective no less than 30 days from when we notify you.\nIf you don’t agree to the updates we make, please cancel your account and stop using the\nServices before the updated Terms become effective. Where applicable, we’ll offer you a\nprorated refund based on the amounts you have prepaid for Services and your account\ncancellation date. By continuing to use or access the Services after the updates come into\neffect, you agree to be bound by the revised Terms.\nDropbox\nDesktop app\nMobile app\nIntegrations\nFeatures\nSolutions\nDo more than store\nSecurity\nAdvance access\nProducts\nPlus\nProfessional\nBusiness\nEnterprise\nHelloSign\nDocSend\nPlans\nSupport\nHelp center\nContact us\nPrivacy & terms\nCookie policy\nCookies & CCPA preferences\nCommunity\nBlog\nDevelopers\nCommunity forums\nReferrals\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":0,"explanation":"Clause ensuring the right to retrieve some of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"iCloud","url":"https://www.apple.com/uk/legal/internet-services/icloud/en/terms.html","lang":"ENG","sector":"Cloud storage","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"20.09.2021"},"document":{"title":"","text":"Welcome to iCloud\nTHIS LEGAL AGREEMENT BETWEEN YOU AND APPLE GOVERNS YOUR USE OF THE iCLOUD PRODUCT,\nSOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS\nIMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU\nARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.\nApple is the provider of the Service, which permits you to utilize certain Internet services, including storing your\npersonal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and iCloud\nemail) and making it accessible on your compatible devices and computers, and certain location based services,\nonly under the terms and conditions set forth in this Agreement. iCloud is automatically enabled when you are\nrunning devices on iOS 9 or later and sign in with your Apple ID during device setup, unless you are upgrading\nthe device and have previously chosen not to enable iCloud. You can disable iCloud in Settings. When iCloud is\nenabled, your content will be automatically stored by Apple on Apple's or third party providers' servers, so you\ncan later access that content or have content wirelessly pushed to your other iCloud-enabled devices or\ncomputers. \nI. REQUIREMENTS FOR USE OF THE SERVICE\nA. Age. The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the\nrelevant jurisdiction), unless you are under 13 years old and your Apple ID was provided to you as a result of a\nrequest by an approved educational institution or established as part of the Family Sharing feature by your parent\nor guardian. We do not knowingly collect, use or disclose personal information from children under 13, or\nequivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians\nshould also remind any minors that conversing with strangers on the Internet can be dangerous and take\nappropriate precautions to protect children, including monitoring their use of the Service.\nTo use the Service, you cannot be a person barred from receiving the Service under the laws of the United States\nor other applicable jurisdictions, including the country in which you reside or from where you use the Service. By\naccepting this Agreement, you represent that you understand and agree to the foregoing.\nB. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain\nsoftware (fees may apply); may require periodic updates; and may be affected by the performance of these\nfactors. Apple reserves the right to limit the number of iCloud accounts (\"Accounts\") that may be created from a\ndevice and the number of devices associated with an Account. The latest version of required software may be\nrequired for certain transactions or features. You agree that meeting these requirements is your responsibility. \nC. Limitations on Use. You agree to use the Service only for purposes permitted by this Agreement, and only to\nthe extent permitted by any applicable law, regulation, or generally accepted practice in the applicable\njurisdiction. Your Account is allocated 5GB of storage capacity as described in the iCloud feature pages.\nAdditional storage is available for purchase, as described below. Exceeding any applicable or reasonable\nlimitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may\nprevent you from backing up to iCloud, adding documents, or receiving new email sent to your iCloud email\naddress. If your use of the Service or other behavior intentionally or unintentionally threatens Apple’s ability to\nprovide the Service or other systems, Apple shall be entitled to take all reasonable steps to protect the Service\nand Apple’s systems, which may include suspension of your access to the Service. Repeated violations of the\nlimitations may result in termination of your Account.\nIf you are a covered entity, business associate or representative of a covered entity or business associate (as\nthose terms are defined at 45 C.F.R § 160.103), You agree that you will not use any component, function or other\nfacility of iCloud to create, receive, maintain or transmit any “protected health information” (as such term is\ndefined at 45 C.F.R § 160.103) or use iCloud in any manner that would make Apple (or any Apple Subsidiary)\nyour or any third party’s business associate.\nD. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or\nin all countries and Apple makes no representation that the Service, or any feature or part thereof, is appropriate\nor available for use in any particular location. To the extent you choose to access and use the Service, you do so\nat your own initiative and are responsible for compliance with any applicable laws.\nE. Changing the Service. Apple reserves the right at any time to modify this Agreement and to impose new or\nadditional terms or conditions on your use of the Service, provided that Apple will give you 30 days’ advance\nnotice of any material adverse change to the Service or applicable terms of service, unless it would not be\nreasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user\nsecurity, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a\nnatural disaster, catastrophic event, war, or other similar occurrence outside of Apple’s reasonable control. With\nrespect to paid iCloud services, e.g. iCloud+ as defined below, Apple will not make any material adverse change\nto the Service before the end of your current paid term, unless a change is reasonably necessary to address\nlegal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to\n\navoid service disruptions to other users; or to avoid issues resulting from a natural disaster, a catastrophic event,\nwar, or other similar occurrence outside of Apple’s reasonable control. In the event that Apple does make\nmaterial adverse changes to the Service or terms of use, you will have the right to terminate this Agreement and\nyour account, in which case Apple will provide you with a pro rata refund of any pre-payment for your then-\ncurrent paid term. Apple shall not be liable to you for any modifications to the Service or terms of service made in\naccordance with this Section IE.\nII. FEATURES AND SERVICES\nA. Photos\n1. iCloud Photos. When you enable iCloud Photos, your photos, videos, metadata and any edits that you make\nin the Photos App on your iOS device, macOS computer, or Windows PC will be automatically uploaded and\nstored in iCloud, and then pushed to all of your other iCloud Photos-enabled devices and computers. The photo\nand video resolution may vary depending on your device settings and available storage. You may download full\nresolution photos and videos at any time.\n2. Shared Albums. When you use Shared Albums, Apple stores any photos and videos you share until you\ndelete them. You can access your shared photos and videos from any of your Apple devices that have Shared\nAlbums enabled. People you invite to shared albums may view, save, copy, and share these photos and videos,\nas well as contribute photos and videos, and comments. If you choose to use Shared Albums to share photos\nvia a web link, these photos will be publicly available to anyone who has been provided or has access to the web\nlink. If you want to stop sharing individual photos, videos, comments or entire Shared Albums, you may delete\nthem at any time. However, any content previously copied from a Shared Album to another device or computer\nwill not be deleted. \n3. My Photo Stream. When you use My Photo Stream, Apple stores photos taken on your iOS device or\nuploaded from your computer for a limited period of time and automatically pushes the photos to your other\nApple devices that have My Photo Stream enabled. A limited number of photos may be stored in iCloud or on\nyour devices at any one time, and older photos will be automatically deleted from My Photo Stream over time. To\nkeep these photos permanently, you must save them to the camera roll on your iOS device or the photo library\non your computer.\nB. Folder and File Sharing. When you use iCloud Folder and File Sharing, Apple stores any files you share until\nyou delete them. You can access your shared files from any of your Apple devices with iCloud Drive enabled. You\nmay give access to people to view, save, copy or edit these files. You have the option to give people the right to\nedit the files or to only view them. If you use iCloud Folder and File Sharing to share files via a web link, these\nfiles will be publicly accessible to anyone who has been provided the web link. You can stop sharing files at any\ntime. If you stop sharing, files will be removed from iCloud Drive on everyone’s devices. However, any file\npreviously copied to another device or computer will not be deleted.\nC. Mail Drop. If you are logged in to iCloud and you use the macOS Mail app or iCloud Mail on the web to send\nemails with large attachments, you will have the option of using Mail Drop. With Mail Drop, your large\nattachments will be temporarily stored on iCloud servers in order to facilitate their delivery. Apple will either send\na link or a preview of the attachment to recipients, depending on your recipient’s email client application.\nTemporary storage of large email attachments will not count towards your iCloud storage quota. For more\ninformation about Mail Drop, please go to https://support.apple.com/en-us/HT203093.\nD. Third Party Apps. If you sign in to certain third party apps with your iCloud credentials, you agree to allow that\napp to store data in your personal iCloud account and for Apple to collect, store and process such data on\nbehalf of the relevant third-party app developer in association with your use of the Service and such apps. The\ndata that the app stores in your personal iCloud account will count towards your storage limit. Such data may\nbe shared with another app that you download from the same app developer. \nE. Family Sharing. With Family Sharing, you can share certain purchased content such as Store purchases and\nApple subscriptions with members of your family. You may also share certain content such as photos, calendars,\nlocation, and screen time information depending on what your family chooses to share. You may also share\ncertain subscriptions and in-app purchases from third parties. For more information regarding sharing your\ncontent purchases, please see the Apple Media Services Terms and Conditions\nat https://www.apple.com/legal/internet-services/itunes/ww/. For more information about sharing content, device\nusage and location information with family members, please see https://www.apple.com/family-sharing/.\nF. iCloud Web-Only Account. If you sign up for the Service with a web-only account on a non-Apple-branded\ndevice or computer, you will have access to only a limited set of Service functionality. You will receive 1 GB of\nfree storage and you will not be able to increase this amount with a web-only account. As a condition to\naccessing the Service with a web-only account, you agree to all relevant terms and conditions found in this\nAgreement, including, without limitation, all requirements for use of the Service, limitations on use, availability,\npublic beta, disclaimers of warranties, rules regarding your content and conduct, and termination. Terms found in\nthis Agreement relating to features not available for web-only users will not be applicable to you. These include,\nfor example, use of location based services and payment of fees for iCloud storage upgrades. You further agree\nthat if you subsequently access your web-only account from an Apple-branded device or Apple-branded\ncomputer, whether or not you own such device or computer, Apple may automatically upgrade your web-only\naccount to a full iCloud account and provide all available functionality of the Service to you, including increased\n\nfree storage capacity. If you choose to access your web-only account from an Apple-branded device or Apple-\nbranded computer and you are subsequently upgraded to full functionality of the Service, you agree that all of\nthe terms and conditions contained herein apply to your use of the Service. If you do not want to have a full\niCloud account, do not sign in to your web-only account from an Apple-branded device or computer.\nG. iCloud+. iCloud+ is a premium iCloud Subscription that includes access to additional storage and certain\npremium features (“iCloud+”). The subscription plans for iCloud+ are iCloud+ Subscriptions. Depending on the\nrequirements of your location, you can obtain some or all of the following iCloud+ features if you have an iCloud+\nSubscription or someone in your Family Sharing group has an iCloud+ Subscription and shares it with you:\n1. Private Relay. Private Relay allows you to connect to and browse the web more privately and securely by\nencrypting your internet traffic and sending it through at least two internet relays. When using Private Relay some\nwebsites may not behave as expected, for example by showing content for the wrong region or requiring extra\nsteps to sign in. You can enable or disable Private Relay from iCloud Settings at any time. Additionally, Private\nRelay may impact your internet provider’s ability to exempt your data usage from data caps and may result in\nadditional charges from your internet provider. Private Relay may be initially available as a beta and, if so, it is a\nBeta Feature subject to the provisions of Section VI.C. (Public Beta).\n2. Hide My Email. Hide My Email allows you to generate unique, random email addresses that will forward onto\nan email address of your choosing. Apple reserves the right to limit the number of email addresses available\nunder this feature, or to terminate the use of an alias if the use violates the terms and conditions as set forth\nherein.\n3. HomeKit Secure Video. HomeKit Secure Video in iCloud+ allows you to store video from compatible home\nsecurity cameras in iCloud and view your footage remotely. HomeKit Secure Video requires a supported iCloud+\nplan, compatible HomeKit-enabled security camera, and HomePod, Apple TV, or iPad running as a home hub.\nCertain iCloud+ plans may limit the number of cameras or video streams available to you.\n4. Custom Email Domains. You can personalize your iCloud Mail address with a custom domain name (when\navailable) and invite members of your family to use the same domain with their iCloud Mail accounts. Each\nperson can have up to three email addresses per domain. Mail stored in iCloud counts toward your iCloud\nstorage. If you run out of iCloud storage space, you will not be able to receive new messages at your custom\nemail addresses until you make more storage space available. Apple reserves the right to refuse to personalize\nyour iCloud Mail address with a custom domain name that is unlawful, harassing, threatening, harmful, tortious,\ndefamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically\noffensive, or otherwise objectionable.\nSome iCloud+ features are not available in all countries or regions.\nH. Two-Factor Authentication and Autodialed Calls/Texts. If you choose to enable Two-Factor Authentication for\nyour Apple ID, you consent to (a) provide Apple at least one telephone number; and (b) receive autodialed or\nprerecorded calls and text messages from Apple at any of the telephone numbers provided. We may place such\ncalls or texts to (i) help keep your Account secure when signing in; (ii) help you access your Account when you’ve\nforgotten your password; or (iii) as otherwise necessary to service your Account or enforce this Agreement, our\npolicies, applicable law, or any other agreement we may have with you.\nI. Help with Account Recovery. You can add one or more people as a recovery contact who can use their device\nto generate a code that can help you regain access to your account and data. The recovery contact must be\nover 13 years old (or equivalent minimum age in the relevant jurisdiction), have an Apple ID, two factor\nauthentication, and an Apple device with device passcode enabled. They will not be able to get direct access to\nyour account. It is your responsibility to keep your recovery contacts up to date.\nJ. Digital Legacy. With Digital Legacy, you can choose to add one or more contacts to access and download\ncertain data in your account after your death. If your designated contacts provide proof of death to Apple and\nhave the required key, they will automatically obtain access to that certain account data and activation lock will\nbe removed from all your devices. Thus, it is your responsibility to keep your Digital Legacy contacts up to date.\nYou can learn more about Digital Legacy at http://support.apple.com/HT212360 and\n http://support.apple.com/HT212361.\nK. Use of Location-Based Services\nApple and its partners and licensors may provide certain features or services that rely upon device-based\nlocation information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points\nand cell tower locations. To provide such features or services, where available, Apple and its partners and\nlicensors must collect, use, transmit, process and maintain your location data, including but not limited to the\ngeographic location of your device and information related to your Account and any devices registered\nthereunder, including but not limited to your Apple ID, device ID and name, and device type. \nYou may withdraw consent to Apple and its partners’ and licensors’ collection, use, transmission, processing and\nmaintenance of location and Account data at any time by not using the location-based features and turning off\nFind My (including the predecessor apps Find My iPhone and Find My Friends, collectively referred to as “Find\nMy”), or Location Services in Settings (as applicable) on your device. When using third party services that use or\nprovide location data as part of the Service, you are subject to and should review such third party’s terms and\n\nprivacy policy on use of location data by such third party services. Any location data provided by the Service is\nnot intended to be relied upon in situations where precise location information is needed or where erroneous,\ninaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or\nenvironmental damage. Apple shall use reasonable skill and due care in providing the Service, but neither Apple\nnor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or\ntimeliness of location data or any other data displayed by the Service. LOCATION-BASED SERVICES ARE NOT\nINTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM.\nL. Find My\nWhen you enable iCloud and Location Services on a device running iOS 13, iPad OS or macOS Catalina or later,\nFind My (Find My iPhone for devices running iOS 8 through iOS 12) will be enabled automatically on that device\nand any Apple accessories paired with it. Once enabled, your device will be automatically linked to your Apple ID\nand your Apple ID password will be required before anyone (including you) can turn off Find My, sign out of\niCloud, erase or activate the device. Apple and its authorized agents may not perform hardware or software\nsupport services, including services under Apple’s limited warranty, unless you disable Find My prior to service. \nApple shall bear no responsibility for your failure to protect your iOS device with a passcode, enable Lost Mode,\nand/or receive or respond to notices and communications. Apple shall also bear no responsibility for returning\nyour iOS device to you or for any loss of data on your iOS device.\nFind My Network is a crowdsourcing feature that can help you and others locate missing devices when those\ndevices are not connected to the internet. If Find My Network is enabled on a device, it can detect the presence\nof nearby offline devices via Bluetooth (or similar technologies). If a device detects a missing offline device, it will\nuse Wi-Fi or cellular connections to securely report the approximate location of the device back to the Apple ID\nassociated with the device so the owner can view its location in the Find My app. Location reporting is end-to-\nend encrypted, and Apple cannot see the location of the reporting device or any offline device. You can disable\nFind My Network in Settings.\nM. Backup\niCloud Backup periodically creates automatic backups for iOS devices, when the device is screen locked,\nconnected to a power source, and connected to the Internet via a Wi-Fi network. If a device has not backed up\nto iCloud for a period of one hundred and eighty (180) days, Apple reserves the right to delete any backups\nassociated with that device. Backup may include device settings, device characteristics, photos and videos,\ndocuments, your messages, ringtones, Health app data and other app data. For additional information, please\ngo to https://support.apple.com/en-us/HT207428. The following content is not included in your iCloud backup:\ncontent purchased from the iTunes Store, App Store, or Apple Books, media synced from your computer, and\nyour photo library if you have enabled iCloud Photo Library. Apple shall use reasonable skill and due care in\nproviding the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLE DOES\nNOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE\nSERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN\nACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND APPLE SHALL NOT BE RESPONSIBLE\nSHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain\nappropriate alternate backup of your information and data.\nIII. SUBSCRIPTION UPGRADES\nThe iCloud+ Subscription plans are available for purchase on a subscription basis.\nA. Payment\nBy you upgrading to the iCloud+ Subscription service for more storage and additional features, Apple will\nautomatically charge on a recurring basis the fee for the plan you choose, including any applicable taxes, to the\npayment method associated with your Apple ID (e.g., the payment method you use to shop on the iTunes Store,\nApp Store, or Apple Books, if available) or the payment method associated with your Family account. For details\nabout plans and pricing, please visit https://support.apple.com/en-us/HT201238. If you are a Family organizer,\nyou agree to have Apple charge your payment method on a recurring basis for members of your Family who\nupgrade their plan. Apple may also obtain preapproval for an amount up to the amount of the transaction and\ncontact you periodically by email to the email address associated with your Apple ID for billing reminders and\nother subscription account-related communications. \nYou can change your subscription by upgrading or downgrading your plan under the iCloud section of Settings\non your device, or under the iCloud pane of System Preferences on your Mac or iCloud for Windows on your PC.\nThe applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on\nthe next annual or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES\nAND FOR PROVIDING APPLE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT\nOF ALL FEES. If Apple is unable to successfully charge your credit card or payment account for fees due, Apple\nreserves the right to revoke or restrict access to your stored content, delete your stored content, or terminate\nyour Account. If you want to designate a different credit card or payment account or if there is a change in your\ncredit card or payment account status, you must change your information online in the Account Information\nsection of iCloud; this may temporarily disrupt your access to the Services while Apple verifies your new\n\npayment information. We may contact you via email regarding your account, for reasons including, without\nlimitation, reaching or exceeding your storage limit of your selected plan. \nIf you are in Brazil, notwithstanding anything herein to the contrary:\nFor any charges made by Apple to you, Apple may use an affiliated company to perform activities of collection\nand remittances to charge any amounts owed by you in connection with your iCloud account. In addition, your\ntotal price will include the price of the upgrade plus any applicable credit card fees. You are responsible for any\ntaxes applicable to you except for any applicable withholding taxes which shall be collected by Apple’s affiliated\ncompany. You must provide all account information required by Apple to enable such transactions. You\nacknowledge and agree that if you do not provide all required account information, Apple shall have the right to\nterminate your account. \nB. Right of Withdrawal\nIf you choose to cancel your subscription following its initial purchase or, if you are on an annual payment plan,\nfollowing the commencement of any renewal term, you may do so by informing Apple with a clear statement (see\napplicable address details in section “General” below) within 14 days from when you received your e-mail\nconfirmation by contacting Customer Support. You do not need to provide a reason for cancellation. \nTo meet the cancellation deadline, you must send your communication of cancellation before the 14-day period\nhas expired. \nCustomers in the EU and Norway also have the right to inform us using the model cancellation form below:\nTo: Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland:\nI hereby give notice that I withdraw from my contract for the following: \n[SUBSCRIPTION PLAN AND PERIOD, e.g., 200 GB MONTHLY iCLOUD+ SUBSCRIPTION PLAN UPGRADE]\nOrdered on [INSERT DATE] \nName of consumer\nAddress of consumer\nDate \nEffects of cancellation \nWe will reduce your storage back to 5 GB and reimburse you no later than 14 days from the day on which we\nreceive your cancellation notice. If you have used more than 5GB of storage during this period, you may not be\nable to create any more iCloud backups or use certain features until you have reduced your storage. We will use\nthe same means of payment as you used for the transaction, and you will not incur any fees for such\nreimbursement. \nIV. Your Use of the Service\nA. Your Account\nAs a registered user of the Service, you must establish an Account. Don’t reveal your Account information to\nanyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all\nactivities that occur on or through your Account, and you agree to immediately notify Apple of any security\nbreach of your Account. You further acknowledge and agree that the Service is designed and intended for\npersonal use on an individual basis and you should not share your Account and/or password details with another\nindividual. Provided we have exercised reasonable skill and due care, Apple shall not be responsible for any\nlosses arising out of the unauthorized use of your Account resulting from you not following these rules.\nIn order to use the Service, you must enter your Apple ID and password to authenticate your Account. You agree\nto provide accurate and complete information when you register with, and as you use, the Service (“Service\nRegistration Data”), and you agree to update your Service Registration Data to keep it accurate and complete.\nFailure to provide accurate, current and complete Service Registration Data may result in the suspension and/or\ntermination of your Account. You agree that Apple may store and use the Service Registration Data you provide\nfor use in maintaining and billing fees to your Account.\nB. Use of Other Apple Products and Services\nParticular components or features of the Service provided by Apple and/or its licensors, including but not limited\nto the ability to download previous purchases and iTunes Match and/or iCloud Music Library (additional fees\napply), require separate software or other license agreements or terms of use. You must read, accept, and agree\nto be bound by any such separate agreement as a condition of using these particular components or features of\nthe Service.\nC. No Conveyance\n\nNothing in this Agreement shall be construed to convey to you any interest, title, or license in an Apple ID, email\naddress, domain name, iChat ID, or similar resource used by you in connection with the Service.\nD. No Right of Survivorship\nExcept as allowed under Digital Legacy and unless otherwise required by law, you agree that your Account is\nnon-transferable and that any rights to your Apple ID or content within your Account terminate upon your death.\nUpon receipt of a copy of a death certificate your Account may be terminated and all content within your\nAccount deleted. Contact iCloud Support at https://support.apple.com/icloud for further assistance.\nE. No Resale of Service\nYou agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof)\nfor any purpose.\nV. Content and Your Conduct\nA. Content\n“Content” means any information that may be generated or encountered through use of the Service, such as\ndata files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos,\nmessages and any other like materials. You understand that all Content, whether publicly posted or privately\ntransmitted on the Service is the sole responsibility of the person from whom such Content originated. This\nmeans that you, and not Apple, are solely responsible for any Content you upload, download, post, email,\ntransmit, store or otherwise make available through your use of the Service. You understand that by using the\nService you may encounter Content that you may find offensive, indecent, or objectionable, and that you may\nexpose others to Content that they may find objectionable. Apple does not control the Content posted via the\nService, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that\nyour use of the Service and any Content is solely at your own risk.\nB. Your Conduct\nYou agree that you will NOT use the Service to:\na. upload, download, post, email, transmit, store, share, import or otherwise make available any Content that is\nunlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar,\ninvasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;\nb. stalk, harass, threaten or harm another;\nc. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such\nother age as local law defines as a minor) who is not personally known to you, including but not limited to any of\nthe following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of\nthe minor’s school, church, athletic team or friends;\nd. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as\nanother person (including celebrities), entity, another iCloud user, an Apple employee, or a civic or government\nleader, or otherwise misrepresent your affiliation with a person or entity (Apple reserves the right to reject or block\nany Apple ID or email address which could be deemed to be an impersonation or misrepresentation of your\nidentity, or a misappropriation of another person’s name or identity);\ne. engage in any copyright infringement or other intellectual property infringement (including uploading any\ncontent to which you do not have the right to upload), or disclose any trade secret or confidential information in\nviolation of a confidentiality, employment, or nondisclosure agreement;\nf. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising,\npromotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising\nand informational announcements;\ng. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or\notherwise putting information in a header designed to mislead recipients as to the origin of any Content\ntransmitted through the Service (“spoofing”);\nh. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other\ncomputer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any\npart thereof), or any other computer software or hardware;\ni. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts\nor web crawlers), or any servers or networks connected to the Service, or any policies, requirements or\nregulations of networks connected to the Service (including any unauthorized access to, use or monitoring of\ndata or traffic thereon);\nj. plan or engage in any illegal activity; and/or\n\nk. gather and store personal information on any other users of the Service to be used in connection with any of\nthe foregoing prohibited activities.\nC. Removal of Content\nYou acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has\nno duty to screen such Content. However, Apple reserves the right at all times to determine whether Content is\nappropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove\nContent at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of\nthis Agreement or is otherwise objectionable.\nD. Back up Your Content\nYou are responsible for backing up, to your own computer or other device, any important documents, images or\nother Content that you store or access via the Service. Apple shall use reasonable skill and due care in providing\nthe Service, but Apple does not guarantee or warrant that any Content you may store or access through the\nService will not be subject to inadvertent damage, corruption or loss.\nE. Access to Account and Content\nApple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or\nverify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability\nto you, access, use, preserve and/or disclose your Account information and any Content to law enforcement\nauthorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if\nlegally required to do so or if Apple has a good faith belief that such access, use, disclosure, or preservation is\nreasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including\ninvestigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical\nissues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or\npermitted by law. You acknowledge that Apple is not responsible or liable in any way for any Content provided by\nothers and has no duty to screen such Content. However, consistent with Apple's privacy policy, Apple reserves\nthe right at all times to determine whether Content is appropriate and in compliance with this Agreement, and\nmay prescreen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole\ndiscretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.\nF. Copyright Notice - DMCA\nIf you believe that any Content in which you claim copyright has been infringed by anyone using the Service,\nplease contact Apple’s Copyright Agent as described in our Copyright Policy\nat https://www.apple.com/legal/trademark/claimsofcopyright.html. Apple may, in its sole discretion, suspend\nand/or terminate Accounts of users that are found to be repeat infringers.\nG. Violations of this Agreement\nIf while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of\nthis Agreement, you may report it by sending an email to [email protected].\nH. Content Submitted or Made Available by You on the Service\n1. License from You. Except for material we may license to you, Apple does not claim ownership of the materials\nand/or Content you submit or make available on the Service. However, by submitting or posting such Content on\nareas of the Service that are accessible by the public or other users with whom you consent to share such\nContent, you grant Apple a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify,\nadapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the\npurpose for which such Content was submitted or made available, without any compensation or obligation to\nyou. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or\nviolate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise\nunlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such\nContent on areas of the Service that are accessible by the public or other users, you are representing that you\nare the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.\n2. Changes to Content. You understand that in order to provide the Service and make your Content available\nthereon, Apple may transmit your Content across various public networks, in various media, and modify or\nchange your Content to comply with technical requirements of connecting networks or devices or computers.\nYou agree that the license herein permits Apple to take any such actions.\n3. Trademark Information. Apple, the Apple logo, iCloud, the iCloud logo and other Apple trademarks, service\nmarks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of\nApple Inc. in the US and/or other countries. A list of Apple’s trademarks can be found here\n- https://www.apple.com/legal/trademark/appletmlist.html. Other trademarks, service marks, graphics, and logos\nused in connection with the Service may be the trademarks of their respective owners. You are granted no right\nor license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any\nproprietary notices (including trademark and copyright notices) that may be affixed to or contained within the\nService.\n\nVI. Software\nA. Apple’s Proprietary Rights. You acknowledge and agree that Apple and/or its licensors own all legal right, title\nand interest in and to the Service, including but not limited to graphics, user interface, the scripts and software\nused to implement the Service, and any software provided to you as a part of and/or in connection with the\nService (the “Software”), including any and all intellectual property rights that exist therein, whether registered or\nnot, and wherever in the world they may exist. You further agree that the Service (including the Software, or any\nother part thereof) contains proprietary and confidential information that is protected by applicable intellectual\nproperty and other laws, including but not limited to copyright. You agree that you will not use such proprietary\ninformation or materials in any way whatsoever except for use of the Service in compliance with this Agreement.\nNo portion of the Service may be reproduced in any form or by any means, except as expressly permitted in\nthese terms.\nB. License From Apple. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF\nTHE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE\nINTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL\nPENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.\nC. Public Beta. From time to time, Apple may choose to offer new and/or updated features of the Service (the\n“Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Apple with\nfeedback on the quality and usability of the Beta Features. You understand and agree that your participation in\nthe Program is voluntary and does not create a legal partnership, agency, or employment relationship between\nyou and Apple, and that Apple is not obligated to provide you with any Beta Features. Apple may make such\nBeta Features available to Program participants by online registration or enrollment via the Service. You\nunderstand and agree that Apple may collect and use information from your Account, devices and peripherals in\norder to enroll you in a Program and/or determine your eligibility to participate. You understand that once you\nenroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the\nevent such reversion is possible, you may not be able to migrate data created within the Beta Feature back to\nthe earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this\nAgreement and any additional license terms that may separately accompany the Beta Features. The Beta\nFeatures are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that\ncould cause failures, corruption or loss of data and/or information from your device and from peripherals\n(including, without limitation, servers and computers) connected thereto. Apple strongly encourages you to\nbackup all data and information on your device and any peripherals prior to participating in any Program. You\nexpressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS\nAND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT\nLIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF\nYOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION\nOR DATA. Apple may or may not provide you with technical and/or other support for the Beta Features. If\nsupport is provided it will be in addition to your normal support coverage for the Service and only available\nthrough the Program. You agree to abide by any support rules or policies that Apple provides to you in order to\nreceive any such support. Apple reserves the right to modify the terms, conditions or policies of the Program\n(including ceasing the Program) at any time with or without notice, and may revoke your participation in the\nProgram at any time. You acknowledge that Apple has no obligation to provide a commercial version of the Beta\nFeatures, and that should such a commercial version be made available, it may have features or functionality\ndifferent than that contained in the Beta Features. As part of the Program, Apple will provide you with the\nopportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You\nagree that in the absence of a separate written agreement to the contrary, Apple will be free to use any feedback\nyou provide for any purpose.\nD. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software\nor other Content via the Service, may be subject to the export and import laws of the United States and other\ncountries. You agree to comply with all applicable export and import laws and regulations. In particular, but\nwithout limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b)\nto anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of\nCommerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that\nyou are not located in any such country or on any such list. You also agree that you will not use the Software or\nService for any purposes prohibited by United States law, including, without limitation, the development, design,\nmanufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload\nto your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that\ncannot be exported without prior written government authorization, including, but not limited to, certain types of\nencryption software and source code, without first obtaining that authorization. This assurance and commitment\nshall survive termination of this Agreement.\nE. Updates. From time to time, Apple may update the Software used by the Service. In order to continue your\nuse of the Service, such updates may be automatically downloaded and installed onto your device or computer.\nThese updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the\nSoftware. \nVII. Termination\nA. Voluntary Termination by You\n\nYou may delete your Apple ID and/or stop using the Service at any time. If you wish to stop using iCloud on your\ndevice, you may disable iCloud from a device by opening Settings on your device, tapping iCloud, and tapping\n”Sign Out”. To terminate your Account and delete your Apple ID, contact Apple Support\nat https://support.apple.com/contact. If you terminate your Account and delete your Apple ID, you will not have\naccess to other Apple or third party products and services that you set up with that Apple ID. This action may be\nnon-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted\notherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate.\nTermination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.\nB. Termination by Apple\nApple may at any time, under certain circumstances and without prior notice, immediately terminate or suspend\nall or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a)\nviolations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the\nService; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law\nenforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may\nbecome unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or\nillegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of\nnon-material breach, Apple will be permitted to terminate only after giving you 30 days’ notice and only if you\nhave not cured the breach within such 30-day period. Any such termination or suspension shall be made by\nApple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may\nresult or arise out of such termination or suspension of your Account and/or access to the Service. In addition,\nApple may terminate your Account upon 30 days’ prior notice via email to the address associated with your\nAccount if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the\nService or any part thereof. Notice of general discontinuance of service will be provided as set forth herein,\nunless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental\naction; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other\nusers; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Apple’s\nreasonable control. In the event of such termination, Apple will provide you with a pro rata refund of any pre-\npayment for your then-current paid term. Apple shall not be liable to you for any modifications to the Service or\nterms of service in accordance with this Section VIIB.\nC. Effects of Termination\nUpon termination of your Account you may lose all access to the Service and any portions thereof, including, but\nnot limited to, your Account, Apple ID, email account, and Content. In addition, after a period of time, Apple will\ndelete information and data stored in or as a part of your account(s). Any individual components of the Service\nthat you may have used subject to separate software license agreements will also be terminated in accordance\nwith those license agreements.\nVIII. Links and Other Third Party Materials\nCertain Content, components or features of the Service may include materials from third parties and/or\nhyperlinks to other web sites, resources or Content. Because Apple may have no control over such third party\nsites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites\nor resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way\nbe liable or responsible for any Content, advertising, products or materials on or available from such sites or\nresources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any\ndamages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance\nupon any such Content, advertising, products or materials on or available from such sites or resources.\nIX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE\nEXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE\nEXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.\nAPPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING\nDISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.\nAPPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE\nUNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE\nTHE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE\nTERMS OF THIS AGREEMENT.\nYOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS\nAVAILABLE” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,\nAGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER\nEXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR,\nAPPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS\nAND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II)\nYOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY\n\nINFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND\n(IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE\nCORRECTED.\nAPPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS,\nCORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND\nAPPLE DISCLAIMS ANY LIABILITY RELATING THERETO.\nANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS\nACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY\nDAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF\nANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR\nSUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR\nERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE\nCOULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.\nLIMITATION OF LIABILITY\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE\nPROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY\nAPPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO\nYOU.\nAPPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING\nLIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) APPLE’S FAILURE TO USE\nREASONABLE SKILL AND DUE CARE; (B) APPLE’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR\nFRAUD; OR (C) DEATH OR PERSONAL INJURY.\nYOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS,\nDIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR\nANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,\nBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF\nPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE\nHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR\nINABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR\nPERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO\nOR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR\nFAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE\nSERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER\nMATTER RELATING TO THE SERVICE.\nINDEMNIFICATION\nYou agree to defend, indemnify and hold Apple, its affiliates, subsidiaries, directors, officers, employees, agents,\npartners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees,\nmade by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make\navailable through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action\ntaken by Apple as part of its investigation of a suspected violation of this Agreement or as a result of its finding or\ndecision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means\nthat you cannot sue Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors,\nand licensors as a result of its decision to remove or refuse to process any information or Content, to warn you,\nto suspend or terminate your access to the Service, or to take any other action during the investigation of a\nsuspected violation or as a result of Apple’s conclusion that a violation of this Agreement has occurred. This\nwaiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This\nobligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You\nacknowledge that you are responsible for all use of the Service using your Account, and that this Agreement\napplies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify\nand hold harmless Apple from and against any and all claims and demands arising from usage of your Account,\nwhether or not such usage is expressly authorized by you.\nX. GENERAL\nA. Notices\nApple may provide you with notices regarding the Service, including changes to this Agreement, by email to your\niCloud email address (and/or other alternate email address associated with your Account if provided), iMessage\nor SMS, by regular mail, or by postings on our website and/or the Service.\nIf you are located in India, pursuant to “The Information Technology (Guidelines for Intermediaries) Rules, 2021”,\nplease refer your grievance/complaint to the following grievance officer:\nFor matters relevant under \"Intermediary Guidelines”:\nPriyesh Poovanna\n\[email protected]\nImportant Note:\nPlease note that only the grievances falling within the Information Technology (Intermediary Guidelines) Rules,\n2021, pertaining to iCloud will be addressed via the above e-mail addresses.\nB. Governing Law\nExcept to the extent expressly provided in the following paragraph, this Agreement and the relationship between\nyou and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions.\nYou and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county\nof Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S.\ncitizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a\ncitizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this\nAgreement shall be governed by the applicable law set forth below, without regard to any conflict of law\nprovisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state,\nprovince or country identified below whose law governs:\nIf you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and\nforum shall be the laws and courts of your usual place of residence.\nIf you are a citizen of Japan, the governing law shall be Japanese law and the forum shall be Tokyo, Japan.\nSpecifically excluded from application to this Agreement is that law known as the United Nations Convention on\nthe International Sale of Goods.\nC. Entire Agreement\nThis Agreement constitutes the entire agreement between you and Apple, governs your use of the Service and\ncompletely replaces any prior agreements between you and Apple in relation to the Service. You may also be\nsubject to additional terms and conditions that may apply when you use affiliate services, third-party content, or\nthird-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed\nin a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties,\nand the remaining portions shall remain in full force and effect. The failure of Apple to exercise or enforce any\nright or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except\nas otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.\nD. “Apple” as used herein means:\n• Apple Inc., located at One Apple Park Way, Cupertino, California, for users in the United States, including\nPuerto Rico;\n• Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in\nCanada;\n• Apple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida, for users in Mexico,\nCentral or South America, or any Caribbean country or territory (excluding Puerto Rico);\n• iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in\nJapan. \n• Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia or\nNew Zealand, including in any of their territories or affiliated jurisdictions; and\n• Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for\nall other users. \nELECTRONIC CONTRACTING\nYour use of the Service includes the ability to enter into agreements and/or to make transactions\nelectronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR\nAGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.\nYOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL\nRECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES\nOF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your\nelectronic records, you may be required to have certain hardware and software, which are your sole\nresponsibility.\nE. Privacy\nYour use of the Service is subject to Apple’s Privacy Policy, which is available\nat https://www.apple.com/legal/privacy/.\nLast revised: September 20, 2021\n\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Oktawave","url":"https://oktawave.com/en/company/legal/customers-regulations","lang":"ENG","sector":"Cloud storage","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Paid","date":""},"document":{"title":"","text":" \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \nTerms and conditions of Oktawave service to consumers \n1. DEFINITIONS ........................................................................................ 2 \n2. ENTERING INTO THE AGREEMENT ............................................................... 3 \n3. OBLIGATIONS OF THE SERVICE PROVIDER ...................................................... 4 \n4. OBLIGATIONS OF THE USER ...................................................................... 4 \n5. ACCESS TO THE SERVICES ......................................................................... 6 \n6. TERM OF THE AGREEMENT........................................................................ 6 \n7. THE FEE AND THE TARIFF UNITS ................................................................. 6 \n8. SUSPENSION OF ACCESS TO THE SERVICES ..................................................... 7 \n9. TERMINATION OF THE AGREEMENT .............................................................. 8 \n10. ENABLING ACCESS TO THE USER DATA ........................................................ 8 \n11. UNAUTHORIZED ACCESS TO THE USER DATA AND USE OF THE SERVICES ................. 9 \n12. RESTRICTIONS RESULTING FROM THE PROVISION OF E-SERVICES .......................... 9 \n13. THE SERVICE LEVEL AGREEMENT ............................................................... 9 \n14. WARRANTY ........................................................................................ 9 \n15. PERSONAL DATA .................................................................................. 9 \n16. HANDLING COMPLAINTS ....................................................................... 10 \n17. DUAL-USE SERVICES AND ITEMS ............................................................... 10 \n18. CONFIDENTIAL INFORMATION ................................................................. 11 \n19. LIABILITY FOR LOSS OF THE USER DATA ..................................................... 11 \n20. CONTACTS WITH THE USER ................................................................... 12 \n21. INTELLECTUAL PROPERTY RIGHTS ........................................................... 12 \n22. ASSIGNMENT OF CONTRACTUAL RIGHTS AND OBLIGATIONS .............................. 13 \n23. SUB-CONTRACTORS AND ENTITIES COOPERATING WITH SERVICE PROVIDER ........... 13 \n24. FORCE MAJEURE ................................................................................ 13 \n25. GOVERNING LAW AND JURISDICTION ........................................................ 13 \n26. AMENDMENTS TO THESE TERMS AND CONDITIONS ......................................... 13 \n \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n1. \nDEFINITIONS \nAPI Oktawave\ninterface layer which allows the User to remotely control the \nUser’s own Services via external tools. All operations which are \npossible in the Cloud within the User Account may be performed \nby API Oktawave; \nPrice List\nprice list for access to the Services. The prices in the Price List \ninclude \nVAT. \nThe \nPrice \nList \nis \navailable \nat \n[http://www.oktawave.com/en/pricelist.htm], also in a PDF \nformat; \nCloud\norganized IT system, including in particular hardware, software \nand telecommunication network, intended for providing the \nServices by the Service Provider; \nUser Data \nany data, including personal data, images, sounds, text, \nsoftware which the User transfers using the Services, and in \nparticular which the User stores using Services; \nUser Account \nelectronic service provided to the User, which involves \nmanagement of access to the Cloud and the use of the Services, \nas well as management of the Tariff Units bought; the User \nAccount \nTerms \nand \nConditions \nare \navailable \nat \n[http://www.oktawave.com/en/termsconditions.htm]; \nControl Panel \ngraphic interface of the Cloud operation, available through an \ninternet browser (compatible with the Services Provider \nrequirements); \nTerms and Conditions\nthis document, together with documents constituting its integral \nparts, which specifies the terms and conditions of providing the \nUserwith the Service by the Service Provider. The latest version \nof these Terms and Conditions is always available at \n[http://www.oktawave.com/en/termsconditions.htm], also in a \nPDF format; \nService \nLevel \nAgreement (SLA) \nan agreement concerning a level of the Services, referred to in \nSection 13 of these Terms and Conditions; The SLA is always \navailable \nat \n[http://www.oktawave.com/en/termsconditions.htm], also in a \nPDF format; \nAgreement\nan agreement entered into between the Service Provider and \nthe User to enable the User access to the Cloud and the Services \nas specified in these Terms and Conditions; \nService \nservices consisting in providing the User with access to the Cloud \nresources (virtual applications, cloud computing, data base \nservices, virtual servers), virtual discs and private networks (for \ndata storage, sharing and processing) in accordance with \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \ntechnical conditions laid down by the Service Provider; \nService Provider\nentity which provides the Services in accordance with the \nAgreement, i.e. Oktawave Sp. z o.o. based in Warsaw, ul. \nDomaniewska 44a; 02-672 Warsaw, registered under KRS No: \n0000426334 in the District Court for the Capital city of Warsaw, \n13th Commercial Division of National Court Register, with share \ncapital of PLN: 1 000 000 zł, NIP 5213633306; REGON 146197794; \nUser \nperson who is 18 years old and has full capacity to perform legal \nacts, who is a consumer, and who has entered into the \nAgreement under which the Services are provided; \nTariff Units\nunits purchased for a fee; \nFee\nTariff Units bought by the User and intended for the use of the \nService selected by the User. \n2. \nENTERING INTO THE AGREEMENT \n2.1 \nIn order to enter into the Agreement and to obtain access to the Services it is \nnecessary to register into the Cloud using an e-registration form which the Service \nProvider \nmakes \navailable \nat \nhttps://admin.oktawave.com/Pages/CreateAccount.aspx. \n2.2 \nThis registration creates the User Account within the Cloud. During the registration \nthe User must provide basic information which is needed for the Cloud and the \nServices to be provided to the User, in particular: first and last name, contact data \n(e-mail and phone number, address of current stay, address of permanent \nresidence) PESEL, login, password, payer information. \n2.3 \nThe Agreement takes effect when all the following conditions have been fulfilled: \n(i) \nregistration and creation of the User Account in the Cloud, \n(ii) \nacceptance of these Terms and Conditions by clicking in an appropriate form \nthat the User accepts these Terms and Conditions, \n(iii) \nfilling out an appropriate form confirming the choice of the Service \nparameters at the User Account level, \n(iv) \nthe Fee paid in accordance with Section 7 of these Terms and Conditions. \n2.4 \nBy accepting these Terms and Conditionsthe User declares that: \n(i) \nthe User has read these Terms and Conditionsand accepts them without any \nreservations, \n(ii) \nthe User has entered into the Agreement freely, \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n(iii) \nthe data included in the registration form as well as declarations provided in \nthese Terms and Conditionsare true and correct. \n2.5 \nThe Agreement includes these Terms and Conditions (as well as all their integral \nparts, including the SLA and the Price List) and a form confirming the selection of \nthe Service parameters. The Agreement is saved in the User Account, and then \navailable to the User in the User Account. The Agreement is secured by an \nencryption. \n2.6 \nThe User may correct any mistakes in the User authentication data in the User \nAccount. \n3. \nOBLIGATIONS OF THE SERVICE PROVIDER \n3.1 \nThe Service Provider provides the User with access to the Cloud and the Services, \nincluding the hardware infrastructure and computing power (including processors \nand operational memory) in accordance with the provisions of SLA, specified in \nSection 13 of these Terms and Conditions. \n3.2 \nThe Service Provider also provides the Standard Technical Assistance via the User \nAccount, e-mail or by telephone. \n3.3 \nIn the light of the Providing Electronic Services Act of 18 July 2002, the Service \nProvider is not an initiator of the User Data transfer by the User in connection with \naccess to and use of the Services, does not select a recipient of the User Data \ntransfers, and does not select or modify the User Data (host). This means that the \nService Provider only supplies technical resources in the form of access to Services, \nand it is up to the User how the User makes use of the Services. The Service \nProvider does not monitor the content of the User Data. \n3.4 \nThe Service Provider provides the Services which, due to their nature, cannot be \nreturned. \n3.5 \nThe User hereby agrees for the Services to be provided to the User immediately \nafter entering into the Agreement, that is before the lapse of a 10-day period when \nthe User is entitled withdraw from Agreement. \n3.6 \nTaking into account the nature of the Services which, due to their nature, cannot \nbe returned, and the fact that Services will be provided based on the User’s \napproval immediately after entering into the Agreement, the User will not be \nentitled to a 10-day period for the withdrawal from the Agreement as specified in \nthe Act of 2 March 2000 on the protection of certain consumer rights and on \nliability for damage caused by a dangerous product (extracts provided for in Article \n10.3 (1) and (5) of that Act apply). \n4. \nOBLIGATIONS OF THE USER \n4.1 \nThe User is obligated to: \n(i) \nobserve these Terms and Conditionsand applicable law when accessing and \nusing the Services, \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n(ii) \nensure properly secured access to and use of the Services, including \npasswords used for access to and use of the Services, and no access to the \nServices by unauthorized persons; the User is liable for any breach of the \ndata security resulting from an improperly secured access to and use of the \nServices, \n(iii) \npay the Fee for accessing the Cloud and the Services, \n(iv) \ncooperate with the Service Provider in cases specified in these Terms and \nConditions, \n(v) \nimmediately update information included in the registration form and the \nUser Account, \n(vi) \nimmediately notify the Service Provider of any unauthorized access to the \nServices, unauthorized disclosure or access to data which enable \nauthentication within the Cloud (e.g. passwords), unauthorized use of the \nServices or any other security breach, \n(vii) \nkeep at least one updated back-up of the User Data transferred to or via the \nCloud (including data stored using the Services); the User is obligated to \nkeep back-up copies in a different infrastructure than the infrastructure \nprovided by the Service Provider, \n(viii) \nobtain adequate titles, including intellectual property rights, to the User \nData, in particular to ensure the rights for the Service Provider, the Service \nProvider’s sub-contractors and entities cooperating with the Service \nProvider in the scope necessary for providing the Services. \n4.2 \nThe User is solely responsible for the User Data. \n4.3 \nThe User undertakes to use the Services in accordance with the applicable law, \nprinciples of social coexistence and good practice, and respect the rights of third \nparties. The User undertakes in particular to refrain from infringing: \n(i) \npersonal data protection, \n(ii) \npersonal goods, including in particular image, right to privacy or \nconfidentiality of correspondence, \n(iii) \nintellectual property rights, in particular copyright and related rights \n(namely proprietary copyright and moral rights) as well as industrial \nproperty rights (including rights to inventions, utility models, industrial \ndesigns, trade marks, geographical indications and layout design of \nintegrated circuits) and know-how, \n(iv) \nsecrecy protected by law, including proprietary information and trade \nsecrets, \n(v) \nsecurity of information, including information processed by ICT systems, \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n(vi) \npublic order, principles of social coexistence and good practice, in \nparticular by refraining from posting or disseminating certain contents, \nincluding fascist or other totalitarian philosophy propagating hate based on \nnationality, ethnic, sex, race or religious background, abusive content and \nprofanity, \n(vii) \nrights resulting from the Providing Electronic Services Act of 18 July 2002, \nand in particular to online mailing of unsolicited advertising and marketing \ninformation. \n5. \nACCESS TO THE SERVICES \n5.1 \nIn order to use the Services the User must fulfil the following minimum technical \nrequirements: \n(i) \nhaving a device which enables access to the internet, together with an \ninstalled internet browser: Firefox 7 or an upgraded version, or Internet \nExplorer 9 or an upgraded version; or Chrome 15 or an upgraded version; \nOpera 11.52 or an upgraded version; or Safari 6 or an upgraded version, \ntechnology supporting Ajax, HTML5 and JavaScript and SSL protocol, \n(ii) \nhaving access to the internet. \n5.2 \nThe User will obtain access to the Cloud and the Services directly after purchasing \nthe Tariff Units. The Service Provider will start providing the Service the User \nselects once the User selects the Service parameters. The User may select the \nServices using the User’s User Account. \n5.3 \nOnce the Tariff Units are bought in accordance with Section 7 of these Terms and \nConditions, the User may, using the User’s Account available in the Control Panel or \nusing API Oktawave, specify the Services parameters which User wishes to use. \n6. \nTERM OF THE AGREEMENT \n6.1 \nThe Agreement will be entered into for a definitive period and will include the \nperiod in which the Tariff Units used for accounting for Services are valid, or the \nperiod up to the consumption of the Tariff Units the User buys (and the period of a \npossible suspension of access to the Service due to a delayed payment of the Fee by \nthe time indicated in the Service Provider’s notice in accordance with Section 8.3. \nof these Terms and Conditions). \n7. \nTHE FEE AND THE TARIFF UNITS \n7.1 \nThe Service Provider will charge the Fees for providing the User with access to the \nCloud and the Services. \n7.2 \nThe Fees will be collected in advance before the Service Provider provides the User \nwith access to the Cloud. \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n7.3 \nAccess to the Cloud and the Services will be calculated in the Tariff Units. The \nPrice List contains a calculator based on which the Services can be activated and in \naccordance with which the Services are activated. \n7.4 \nThe User may purchase the Tariff Units by remitting to the Service Provider’s \naccount an amount corresponding to the value of the Tariff Units in accordance \nwith the Price List. The Service Provider may introduce enable payments for the \nTariff Units by credit card or another means. \n7.5 \nThe Tariff Units expire after the lapse of the period specified in the Price List (the \nTariff Units’ validity period) and cannot be used for any settlement of the Services. \n7.6 \nThe Tariff Units are settled against a fee and are not subject to reimbursement \n(one cannot demand reimbursement of the amount for which they were bought). \n7.7 \nThe Tariff Units enable the User to access the Cloud and the Services in the amount \nspecified in the Price List and depending on the parameters of the Services \nselected. \n7.8 \nOnce the Tariff Units bought by the User are consumed or their validity period \nexpires, the Service Provider will disable the User access to the Services. \n7.9 \nThe User agrees to receive and provide access to invoices for the Services by e-mail \nin a PDF format. \n7.10 \nInvoices will be issued every time the User buys the Tariff Units. \n8. \nSUSPENSION OF ACCESS TO THE SERVICES \n8.1 \nIn relation to the Providing Electronic Services Act of 18 July 2002, the Service \nProvider may suspend the User’s access to the Cloud or the Services or the User \nData if at least one of the following events takes place: \n(i) \nan official note or reliable information has been received or there is a \njustified suspicion that the Services have been used not in compliance with \nthese Terms and Conditions, or applicable legislation, principles of social \ncoexistence or good practice, \n(ii) \nthe User does not cooperate in cases where such cooperation is needed in \norder to determine whether the Services were accessed or used not in \ncompliance with these Terms and Conditions, or applicable law, principles \nof social coexistence or good practice, \n(iii) \nthe Service Provider has a justified suspicion that the User Account or the \nServices have been accessed without the User’s authorization or that the \nServices have been used without the User’s authorization, \n(iv) \nthe Service Provider has a justified suspicion that it is necessary to suspend \nthe Services in order to protect the integrity, accessibility and security of \nthe Cloud or other User, \n(v) \nthe Fee for the Services has not been paid, \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n(vi) \nsuch an obligation has arisen under applicable law or as a result of a \ndecision of public authorities or courts. \n8.2 \nThe User will be notified about the suspension and its reasons immediately after \naccess to the Services has been suspended. \n8.3 \nIf the suspension results from circumstances for which the User is liable, the \nService Provider will reinstate the Services if the User removes the cause of the \nsuspension within a deadline the Service Provider specifies in the notice. \n9. \nTERMINATION OF THE AGREEMENT \n9.1 \nThe Service Provider may terminate the Agreement by a 30-day notice for the \nfollowing reasons: \n(i) \nthe Service Provider decided to stop providing the Service, \n(ii) \nthe Service Provider decided to wind up its business, \n(iii) \nthe Service Provider decided to change its business profile in whole or in \npart, \n(iv) \ndue to other important reasons. \n9.2 \nThe Service Provider may terminate the Agreement with an immediate effect if the \nServices are suspended due to causes for which the User is responsible, and the \nUser has not eliminated the cause of suspension within a deadline the Service \nProvider specifies in accordance with Section 8.3 above, or within 7 days from \nreceiving a notice from the Service Provider. \n9.3 \nAs of the moment the Agreement is terminated, the User loses access to all the \nUser Data and the User Data may be deleted unless the User has bought access to \nOktawave Cloud Storage or Oktawave Volume Storage, in accordance with the Price \nList and the SLA. \n9.4 \nIf the User has paid the Fee for access to the Services in the period following the \ntermination of the Agreement, the Fee paid in excess will be reimbursed pro rata \nfor any period longer than the term of the Agreement. \n10. \nENABLING ACCESS TO THE USER DATA \n10.1 \nDuring the period in which access to the Services is suspended in accordance with \nSection 8 of these Terms and Conditions, the User will have no access to the User \nData. The User Data will, however, be stored by the Service Provider and after the \ncause of suspension is removed, the User will be able to access the User Data again. \n10.2 \nNone of the Services provided by the Service Provider includes making back-up \ncopies of the User Data. In connection with this the User is obligated to possess at \nleast one back-up copy of the User Data in accordance with Section 4.1.7 of these \nTerms and Conditions. \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n11. \nUNAUTHORIZED ACCESS TO THE USER DATA AND USE OF THE \nSERVICES \n11.1 \nThe User is responsible for access to the Services and use of the Services by persons \nwhom the User authorizes to access or use the Services or by persons to whom the \nUser provides information on how to authenticate oneself for the Cloud and User \nAccount, including actions and omissions of such persons, and for the User’s own \nactions or omissions in relation to securing access to the Services, including \ninformation on authentication, also if performed by a person whom the User has \nnot authorized. \n12. \nRESTRICTIONS RESULTING FROM THE PROVISION OF E-SERVICES \n12.1 \nThe User acknowledges that the use of the Services in the form of e-services \ninvolves typical risks related to data transfers over the internet. \n12.2 \nWhile providing the Services, the Service Provider will employ such data transfer \nsecurity precautions as commonly employed in the sector due to the properties of \nthe Cloud and Cloud Resources, in particular precautions which deny access to data \nto any unauthorized persons, including the use of encryption protocols. \n13. \nTHE SERVICE LEVEL AGREEMENT \n13.1 \nThe SLA will define a level of the Services the Service Provider provides to the \nUser. \n13.2 \nThe SLA forms an integral part of these Terms and Conditions. \n13.3 \nThe \nSLA \nis \nalways \navailable \nat: \n[http://www.oktawave.com/en/termsconditions.htm], also in a PDF format. \n14. \nWARRANTY \n14.1 \nThe Service Provider will warrant such access to the Services as defined in the SLA. \n14.2 \nIf the quality level of the Service provided to the User fails to conform to the \nService standards as specified in the SLA, the User will be entitled to a discount \nbased on the principles specified in the SLA. \n15. \nPERSONAL DATA \n15.1 \nThe User hereby acknowledges that in order to perform and settle the Agreement, \nthe Service Provider will process the User’s personal data as well as that of payers, \nin the scope: (i) included in the registration form or (ii) included in the User \nAccount and (iii) information about payers and payments, (iv) information about \nthe Services provided to the User and their settlement. The provision of such \npersonal data will be optional, however needed to enter into, perform and settle \nthe Agreement. The Service Provider will be the controller of this personal data. \nThe User may exercise the right to access and correct the User data using the User \nAccount. Additionally, the User and other natural persons whose personal data is \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \nprocessed in connection with providing the Services to the User may exercise their \nright \nto \naccess \nand \ncorrect \ntheir \ndata \nat \nthe \nfollowing \naddress \[email protected] or at the Service Provider mailing address, namely ul. \nDomaniewska 44a, 02-672 Warszawa. \n15.2 \nThe User Data may comprise personal data. The User hereby allows the Service \nProvider to process such personal data in the scope which is necessary to provide \nthe Services by the Service Provider, and for the purpose for which the Services are \nprovided. If, in accordance with Section 23.2 of these Terms and Conditions, the \nService Provider provides the Services jointly with sub-contracting entities or on \ntheir behalf, and in the scope in which, while providing the Services these sub-\ncontractors are going to process the User Data, the User authorizes the sub-\ncontractors cooperating with the Service Provider to process such personal data for \nthe purpose and in the scope which is necessary to provide the Services to the User. \n15.3 \nIf, in accordance with Section 23.1. of these Terms and Conditions, the Service \nProvider uses sub-contractors to provide the Services, in the scope in which the \nUser Data which is deemed personal data is to be processed by the sub-contractors, \nthe User hereby authorizes the Service Provider’s subcontractors to process such \npersonal data for the purpose and in the scope which is necessary to provide the \nServices to the User. \n15.4 \nThe Service Provider will provide the User with access, via the Cloud, to current \ninformation about entities that participate in the User Data processing. \n15.5 \nThe Service Provider hereby declares to have implemented any and all security \nprecautions, as defined in the Personal Data Protection Act of 29 August 1997 and \nin the Ordinance of the Minister of Interior of 29 April 2004 concerning records of \npersonal data processing as well as technical and structural conditions to be \nfulfilled by IT devices and systems for personal data processing. In particular, by \nusing an encryption theService Provider ensures security of integrity and \nconfidentiality of personal data transferred over the internet, including data used \nfor the User’s authentication. \n16. \nHANDLING COMPLAINTS \n16.1 \nThe User may address any reservations concerning access to the Services, their use \nor operation in a form of a complaint to the Service Provider. Complaints may be \nlodged with the Service Provider by means of the User Account or to the following \nemail address [email protected] by submitting a filled out complaint form \nto the Service Provider, or by telephone at the following number +48 22 10 10 555 \nor by a regular mail to the following address: ul. Domaniewska 44a; 02-672 \nWarszawa. \n17. \nDUAL-USE SERVICES AND ITEMS \n17.1 \nThe User hereby declares to use the Services exclusively for civil purposes and not \nfor the purpose of producing nuclear, chemical or biological weapons, missiles or \nfor other military purposes. The User acknowledges that in the scope of exporting \nthe Services which might be deemed a dual-use of goods or services as specified in \nthe Act of 29 November 2000 on the foreign trade with goods, technologies and \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \nservices which are strategic for the state security and for the maintenance of \ninternational peace and safety, the User will comply with the generally applicable \nPolish and European Union law. \n18. \nCONFIDENTIAL INFORMATION \n18.1 \nAny information which the Parties obtain as a result of entering into the Agreement \nand providing the Services and which is not publicly available, will be deemed \nconfidential and protected (Confidential Information). The Parties will keep the \nConfidential Information secret. The Parties undertake not to copy, replicate, sell, \ntransfer, license, market, convey or otherwise trade, dispose of or disclose such \ninformation to any third parties. The Parties undertake not to use such information \nfor other purposes than to perform and settle the Agreement. The Parties will \nensure that these confidentiality obligations are fulfilled by all their \nrepresentatives. \n18.2 \nThe Confidential Information will not include: \n(i) \nthe fact of entering into the Agreement, \n(ii) \ninformation which is or is going to be published otherwise than as a result of \nits being disclosed by a Party as a consequence of violating these Terms and \nConditions, \n(iii) \ninformation in relation to which a Party can prove knowing it earlier as not \ncovered by a confidentiality obligation, \n(iv) \ninformation which a Party created independently of any reference to the \nConfidential Information, \n(v) \ninformation which a Party duly obtained from a third party that was not \nbound by a confidentiality obligation, or \n(vi) \ninformation which must be disclosed based on relevant legislation or \ndecisions issued by courts or other public authorities. \n19. \nLIABILITY FOR LOSS OF THE USER DATA \n19.1 \nTaking into account that no Service provided to the User includes the creation of \nback-up copies of the User Data, and that the User is obliged to keep a back-up \ncopy of the User Data of their own, the User will be liable for any and all loss of the \nUser Data. \n19.2 \nThe Service Provider is not liable for any loss of the User Data unless the User has \nsubscribed to Oktawave Cloud Storage or Oktawave Volume Storage. In such case \nthe Service Provider’s liability in connection to the loss of the User’s Data is \nregulated by the SLA. \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n20. \nCONTACTS WITH THE USER \n20.1 \nAny contacts between the Service Provider and the User, including notifications, \ninformation and statements, in particular in relation to any suspension of access to \nthe Services, termination of the Agreement, handling complaints, will be made by \nelectronic means of communication, including the User Account or e-mail address \nindicated for contacts by the User or by regular mail. Any correspondence to the \nService Provider will be delivered to: ul. Domaniewska 44a; 02-672 Warszawa; any \ncorrespondence to the User will be delivered to the mailing address the User \nprovides. \n21. \nINTELLECTUAL PROPERTY RIGHTS \n21.1 \nAny intellectual property rights related to the provision of the Services to the User, \nin particular to the Cloud graphic elements such as Oktawave logo, website layout \nand particular applications, website content, trade marks, names and other \nindications, as well as the Cloud technical solutions, its concept of operation, \nfunctionality, data bases, software and technical documentation, will remain the \nexclusive property of the Service Provider or entities cooperating with the Service \nProvider. \n21.2 \nIn the scope which is necessary for the Cloud and Services to be used and for the \nperiod the User uses the Service, the Service Provider hereby grants the User a non-\nexclusive licence to use the software designed for the use of the Services. \n21.3 \nIn the scope in which the Services are provided by entities cooperating with Service \nProvider or jointly with entities cooperating with the Service Provider, the relevant \nterms and conditions concerning intellectual property rights of these entities, \npossible licences granted by the entities to the User or possible licences which must \nbe granted to these entities in order for the Services to be provided, have been \nlisted in terms and conditions and agreements concerning the provision of services \nby the entities, links to which can be found on a case by case basis before selecting \nthe relevant Service from the User Account level. \n21.4 \nIn the scope in which the provision of the Service by the Service Provider and the \nUser’s use of the Service involves the use by the Service Provider, the Service \nProvider’s sub-contractors or agents, of intellectual property rights to the User \nData (in particular that related to operation of software other than that provided \nby the Service Provider), the User hereby grants a licence to the Service Provider, \nService Provider’s sub-contractors or entities cooperating with the Service Provider \nto use such intellectual property rights (including the software licence) for the \nperiod of providing the Services and in order for the Services to be provided \ncorrectly or, in the scope in which the User is not authorized to grant such licences, \nthe User undertakes to obtain such licence from an authorized entity on behalf of \nthe Service Provider, the Service Provider’s sub-contractors or cooperating agents \nfor using the intellectual property rights for period of providing the Services and for \nthe purposes of a correct provision of the Services. \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \n22. \nASSIGNMENT OF CONTRACTUAL RIGHTS AND OBLIGATIONS \n22.1 \nThe User will not assign any rights or obligations arising from the Agreement in \nwhole or in part to any person without the Service Provider’s approval. \n23. \nSUB-CONTRACTORS AND ENTITIES COOPERATING WITH SERVICE \nPROVIDER \n23.1 \nThe Service Provider may authorise sub-contractors to provide the Services in whole \nor in part. The Service Provider is liable for actions or omissions of the sub-\ncontractors as for the Service Provider’s own actions or omissions. \n23.2 \nThe Service Provider may provide the Services jointly with the entities cooperating \nwith the Service Provider or on their behalf. Information about cooperation with \nthe cooperating entities, as well as about the terms and conditions or agreements \nconcerning these entities, which affect the terms and conditions of providing the \nServices by the Service Provider will be available on a case by case basis before \nselecting a given Service from the User Account level. The User must read such \nterms and conditions and agreements and accept them in order to execute the \nAgreement for the Services concerned. \n24. \nFORCE MAJEURE \n24.1 \nNone of the Parties is liable for delays, non-performance or improper performance \nof the Agreement if such delay, non-performance or improper performance results \nfrom an event of force majeure. \n25. \nGOVERNING LAW AND JURISDICTION \n25.1 \nThe Agreement is governed by the laws of Poland. \n25.2 \nAny disputes related with the Service will be referred to a common court. \n26. \nAMENDMENTS TO THESE TERMS AND CONDITIONS \n26.1 \nThe Service Provider reserves the right to amend these Terms and Conditions in \ncase of a need to adjust these Terms and Conditions to: (i) law amendments, \nprocedures of state bodies or case law of common courts and arbitration tribunals; \n(ii) changes of market practices or changes in technology; (iii) changes of business \nplans concerning the provision of the Services, (iv) changes of regulations and \nagreements entered into with entities cooperating with the Service Provider, (v) \nany other important causes. Each material amendment will be notified to the User \nby sending information to the User Account within the Cloud or by e-mail to the e-\nmail address indicated for contacts in the User Account at least thirty (30) days \nbefore an amendment to these Terms and Conditions takes effect. \n26.2 \nIf the User explicitly approves the amended Terms and Conditions before the lapse \nof the deadline specified in Section 26.1. of these Terms of Conditions or if, \nfollowing the deadline specified in Section 26.1. of these Terms of Conditions the \nUser keeps using the Cloud and Services, the User will be understood to have \n\n \n \n \nOktawave Sp. z o.o. | Domaniewska 44a (Platinium 5) | 02-672 Warszawa \nwww.oktawave.com | [email protected] | facebook.com/oktawave \n \napproved the amendment to these Terms and Conditions and the Services will \nfurther be provided to the User under the terms and conditions as specified in the \namended Terms and Conditions. \n26.3 \nIf the User explicitly disapproves the amendments to these Terms and Conditions, \nthe Agreement will be terminated as of the date of the amendments concerned \ntake effect. Any and all reimbursements of the Fee will be handled in accordance \nwith Section 9.5 of these Terms of Conditions. \n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"OVH","url":"https://www.ovh.ie/support/contracts/","lang":"ENG","sector":"Cloud storage","hq":"France","hq_category":"EU","is_public":"Public","is_paid":"Paid","date":"11.06.2020"},"document":{"title":"","text":" \n1/18 \nGENERAL TERMS OF SERVICE \nLatest version dated 11 June 2020 \n \nThe purpose of the present General Terms of Service is to define the terms and conditions for the provision \nand use of OVHcloud Services. \nThese General Terms of Service form, together with the applicable Specific Terms of Service and all of the \ndocuments which they make reference to, constitute a single contract (hereinafter the “Contract”) between \nOVH HOSTING LIMITED, headquartered at Enterprise House, O’Brien Rd, Carlow, and registered under \nnumber 468585 (hereafter known as “OVHcloud”), and any physical or legal person, consumer or business, \ngoverned by private or public law, creating a Client Account on the OVHcloud Website (hereafter known as \nthe “Client” or “Customer”). The Client and OVHcloud are individually and jointly known as the “Party” or \n“Parties”, respectively. \nExpressions beginning with an upper-case letter are defined within the present General Terms of Service, or \nin the OVHcloud Glossary, available on the OVHcloud Website and hereafter in the Article 12. \n \nARTICLE 1: ORDERING SERVICES \n1.1. Client Account. To be able to order OVHcloud Services, the Client must have a valid Client Account. \nThe Client creates its Client Account online within the OVHcloud Website. The Client shall provide all the \nrequired information (email address, name, address, bank details, etc.), and undertakes that all of the \ninformation thus provided is correct and up to date throughout the entire duration of the Contract. When a \nClient Account is created and used by a third party, such person shall be considered as acting in the name \nand on behalf of the Client and having full power and authority to enter into and perform this Contract on \nbehalf of the Client. \n \n1.2. Activation of the Client Account. Prior to the activation of the Client Account, as well as at any time \nwhile the Contract is in effect, OVHcloud reserves the right to verify the accuracy of the information sent by or \nfor the Client Account, and to request supporting documents from the Client. OVHcloud reserves the right \nnot to activate, or to deactivate, the Client Account in the event that any of the information provided by the \nClient is incomplete, inaccurate, or fraudulent. \n \n1.3. Orders. Once its Client Account has been activated by OVHcloud, the Client can order Services. \nDepending on Services, Orders can be sent using the OVHcloud Website and/or directly using the Client’s \nManagement Interface and/or using an API which OVHcloud may provide for said purpose. The Client is solely \nresponsible for the management of its Client Account and associated authentication credentials (user \nnames, passwords, etc.). Any Order for Services sent from the Client Account is deemed to have been \nsubmitted by the Client and is binding on the Client. The terms and timescales for the provision of Services \nvary depending on the Service ordered. Some Services are made available only upon receipt by OVHcloud of \npayment from the Client in advance for the relevant Services. It is the responsibility of the Client to ensure \nthat the delivery terms for the ordered Services meet its needs. \nARTICLE 2: SERVICES \n2.1. Applicable Terms of Service. The provision and use of the Services are governed by these General \nTerms of Service, the Data Processing Agreement, the Specific Terms of Services applicable to the concerned \nServices, any other conditions referred by the General Terms of Services and Specific Terms of Service, such \nas Third Party Product Terms of Use and OVHcloud Deontological Charter, along with any other information \ngiven to the Client during the Order (“Terms of Service”). The use of Third Party Products (such as software \nprograms, systems, applications, etc.) provided by OVHcloud in the provision of the Services may be subject \nto specific terms of use (referred to as Third Party Product Terms of Use). The Special Terms of Service, and \n\n \n2/18 \nthe Third Party Product Terms of Use supplement these General Terms of Service. In the event of \ncontradiction, the Specific Terms of Service, as well as the General Terms of Service, shall prevail over the \nThird Party Product Terms of Use. The General Terms of Service in effect are available on the OVHcloud \nwebsite , and may be sent to the Client upon request addressed to OVHcloud Support. The Terms of Service \nmay vary depending on the country where the Services are located. \n \n2.2. Information related to the Services. OVHcloud makes available to the Client via the OVHcloud \nWebsite, online resources which enable the Client to be informed of the characteristics of the Services \noffered. These resources may include, in particular, (a) information regarding various available features, \nconfigurations, options and ranges and(b) documentation, technical guides and/or examples (or use cases) \non using the Services so as to facilitate better understanding and use of the Services. The Client may obtain \nadditional information regarding the Services by contacting OVHcloud Support in accordance with article 4 \nbelow. In cases where OVHcloud offers Services which comply with known standards or specific regulations \nwhich apply to certain activities, OVHcloud shall communicate its scope of responsibility as well as the \nconditions in which OVHcloud complies with said standards or regulations. \n \n2.3. OVHcloud commitments and obligations. OVHcloud undertakes to exercise reasonable care and skill \nin providing Services in accordance with the characteristics, terms and levels of Service stated in the \nContract. In particular, OVHcloud agrees to exercise reasonable skill and care in keeping in place a \ncompetent team responsible for assisting the Client and handling Incidents (“OVHcloud Support”) and \nensuring the availability and security of Services in accordance with the applicable terms and performance \nlevels. \n \n2.4. Subcontracting. Subject to the provisions of the Data Processing Agreement, OVHcloud may \nsubcontract all or part of the Services to its Affiliates. Within the scope of the Contract, OVHcloud may freely \nrecourse to third parties (such as energy providers, network providers, network interconnection point \nmanagers or collocated datacenters, material and software providers, carriers, technical providers, security \ncompany), without having to inform the Client or sollicitate it prior approval. However, subject to \ncontradictory provisions of Specific Terms of Service in effect or Client’s specific agreement, no performance \nimplying access to the Content stored by the Client within the scope of the Services shall be subcontracted \noutside of OVHcloud Group. OVHcloud shall in all cases remain primarily liable for the provision of the \nsubcontracted Services. \nARTICLE 3: TERMS OF USE OF THE SERVICES \n3.1. Compliance with the Terms of Service. The Client agrees to order and use the Services in accordance \nwith the Terms of Service in effect. The Services must be used in good faith. In particular, the Client \nundertakes to comply with these General Terms of Service, the Specific Terms of Service, the Data Processing \nAgreement and the applicable Third Party Product Terms of Use, as well as any information communicated \nto the Client at the time of the Order. When using the Services on behalf of a third party, or authorizing a third \nparty to use the Service, the Client undertakes to communicate the relevant terms to that third party and \nprocure compliance of the same by the relevant third party. \n \n3.2. Selection of Services. Before ordering and using the Services, the Client shall familiarize itself with all \nof the applicable Terms of Services (in particular, the Specific Terms of Service and the Third Party Product \nTerms of Use), and study all of the documentation, configuration, options and ranges of services available, in \norder to select Services and characteristics suited to the Client's needs and those of the third parties for \nwhom or on whose behalf the Services will be used. In particular, the Client shall verify that the Services are \nsuited to the legal and regulatory requirements applicable to the activities performed within the scope of the \nuse of the Services. In order to obtain any additional information regarding the Services, the Client may \ncontact OVHcloud Support as set out in article “OVHcloud Support” hereafter. The terms and characteristics \nof the Services shall be updated regularly. The Client is responsible to take note of these updates, \nparticularly when placing new orders. \n\n \n3/18 \n \n3.3. Connection. To use the Services, the Client must ensure that it has access to a remote connection (such \nas the Internet or a private network), which it is solely responsible for and bears the costs of. The Client is \nhereby informed that the Internet presents technical hazards and security risks that are external to the \ntechnical measures employed by OVHcloud in the provision of the Services. OVHcloud shall not be held liable \nfor any faults by Internet access providers or other third party data transport networks (including but not \nlimited to lack of reliability of connection lines, bandwidth fluctuations, connection interruptions, etc.), nor \nfor the consequences of said faults, particularly in cases when they result in the unavailability or \ndiscontinuity of the Services. \n \n3.4. Means of authentication. The Client is responsible for the management and confidentiality of the \nnecessary means of authentication for connecting to and using the Services. The Client shall ensure that the \nUsers are knowledgeable of and follow standard practices which enable them to maintain the confidentiality \nof their authentication credentials. The Client is solely responsible for any consequences which may arise \nfrom the loss, disclosure, or fraudulent or illicit use of the authentication credentials provided to Users. \nOVHcloud shall in no way be held liable in this regard. The Client undertakes to immediately inform \nOVHcloud of any loss or disclosure of any authentication credentials, and immediately proceed with \nchanging said authentication credentials. \n \n3.5. Content. With the exception of items provided by OVHcloud, OVHcloud does not intervene in the \nhandling of information, data, files, systems, applications, websites and other items which are reproduced, \nhosted, collected, stored, transmitted, distributed, published, and more generally used and/or operated by \nthe Client within the scope of the Services (collectively known as Content), and is forbidden from accessing \nsaid Content for any other purpose than as necessary for the execution of the Services. OVHcloud does not \nperform any verification, validation or update operations on said Content. Likewise, OVHcloud does not \nperform any particular backups of Content stored in the scope of the Services. Therefore, the Client is solely \nresponsible for taking all necessary measures to safeguard its data in order to protect it against risk of loss or \ndegradation regardless of cause. The Client shall ensure that the Content is legal and used in accordance \nwith applicable industry standards, laws and regulations. Any use of illegal or fraudulent Content (such as \nthe distribution, publication, storage or transmission of content of sexually explicit material, content that is \nobscene, offensive, hateful or inflammatory, incites crimes against humanity, acts of terrorism, paedophilia, \nanti-Semitism, racism, or content inciting hatred or discrimination towards individuals by reason of their \ngender, religion, sexual orientation or identity, or disability), or the illegal or abusive use of Content (for \nexample, fraudulent use of content, or use of content in violation of rights belonging to a third party such as \npersonality rights, copyrights, patents, brands or other intellectual property rights) within the scope of \nServices is prohibited, and can lead to, at the sole discretion of OVHcloud, the immediate suspension of all or \npart of the Services provided under the Contract, the deactivation of the Client Account and/or the \ntermination of the Contract by OVHcloud, without prejudice to OVHcloud's other rights and remedies under \nthe Contract or at law. \n \n3.6. Compliance with laws and regulations and the OVHcloud Deontological Charter. The Client shall \nuse the Services in a reasonable manner, in accordance with the OVHcloud Deontological Charter available \non the OVHcloud Website and shall comply with all applicable laws and regulations. The Client undertakes to \nremain attentive to any updates or changes to said Deontological Charter sent by OVHcloud. Explicitly \nforbidden actions include, but are not limited to, (a) abuse, fraudulent or excessive use of the Services and \nresources made available to the Client, particularly any use of a nature that threatens the stability and \nsecurity of the OVHcloud systems or which can result in a degradation of the performance of the Services \nprovided to other OVHcloud clients, (b) intrusions or intrusion attempts launched from the Services \n(including, but not limited to, port scanning, sniffing, spoofing, and more generally, attacks on external \nparties originating from resources made available by OVHcloud), (c) any use or attempted use of spam or any \nother technique similar to spamming, and (d) use of illicit or prohibited content as specified in paragraph 3.5, \n“Content”. \n \n\n \n4/18 \n3.7. Suspension of Services. OVHcloud reserves the right to suspend all or part of the Services in the event \nof (a) a known risk to the stability and/or security of the OVHcloud systems or environment by the Services \nand/or Client Content, (b) scheduled maintenance, or (c) a request issued by a legal authority or competent \njudicial authority (d) non-compliance of the Client with all or part of the Terms of Services. Said suspension \nmay occur immediately and without prior notice in case of urgency or necessity, and particularly in the case \nof an event such as described in point (a) and (c) above, or in case of illicit or fraudulent use of the Services, \nor use that is in violation of the rights of a third party, and more generally, of any use which may bind the \nliability of OVHcloud. Except in relation to cases of judicial or legal requisitioning or non-compliance with the \nTerms of Services, OVHcloud shall endeavour to minimise the impact of a suspension on the normal \noperations of the Services. Any such suspensions shall in no way release the Client from its obligation to pay \nthe entirety of the amounts due to OVHcloud under the Contract, which is without prejudice to the Client’s \nright to engage OVHcloud’s liability in accordance with article “Liability” hereafter in case such suspensions \nresult from OVHcloud’s failure to fulfil its obligations. The Client can consult the maintenance schedule using \nthe interface provided for this purpose. In the event any such suspension results in a failure by the Client to \nfulfil its obligations under the Contract, the suspension shall take place without prejudice to OVHcloud’s \nright to terminate the Contract in accordance with article “Duration, Renewal and Termination of Services” \nhereafter, and without prejudice to OVHcloud's other rights and remedies at law. Except in cases of \ntermination or non-renewal of Services, suspensions of Services shall not result in the deletion of the Client’s \ndata. Unless suspensions result exclusively of OVHcloud’s failure to fulfil its obligations, the duration of the \naforementioned suspensions shall not count as unavailability of Services in respect with the service level \nagreement provided in the Agreement. \n \n3.8. Updates to Services. OVHcloud may modify the Services at any time, and may add, modify or remove \nranges, options or features, as well as upgrade their performance. The Services are described online on the \nOVHcloud Website. The Client is responsible for keeping abreast of any updates to the Services, which are \nimmediately applicable to any new Orders. Concerning the Services in use by the Client, the latter shall be \ninformed by email or via its Management Interface of any substantial updates which are of a nature to \ndowngrade said Services, at least thirty (30) calendar days before the implementation of said update. \nNevertheless, modifications to Third Party Products and urgent cases (such as security risks, or legal or \nregulatory compliance updates) may result in immediate modifications to the Services. Subject to the article \n“Condition Specific to Consumers”, in case of an update that degrades existing Services in use by the Client \n(removal of functionality, performance downgrade, etc.), the Client may terminate the relevant Services by \nregistered letter with acknowledgment of receipt, or through a specific form provided in its Management \nInterface, within thirty (30) days from the date the relevant update is implemented. \n \n3.9. Intellectual property. Usage rights. All of the items (software, Infrastructure, documentation, etc.) \nmade available to the Client by OVHcloud in the provision of the Services and during the term of the Contract \nremain the exclusive property of OVHcloud or the third parties which have granted the rights to use them. \nOVHcloud grants the Client a non-exclusive licence to use the items made available to it only in accordance \nwith and for the duration of the present Contract. With the exception of the aforementioned items made \navailable to the Client by OVHcloud in the provision of the Services, the Client remains solely responsible for \nacquiring all of the authorisations and usage rights for the elements and Content (data, software, \napplications, systems, websites, etc.) which it uses and operates in relation to the Services. The Client and \nUsers retain all intellectual property rights in their respective Content which OVHcloud shall not use expect \nto the extent necessary for the performance of the Services. Subject to mandatory legal provisions in effect, \nthe Client is not authorized to decompile the software, source code and algorithms used in the course of \nsupplying the Services, notably to reverse-engineer. \n \n3.10. Export Controls. Subject to the restrictions of use (a) provided for under the Terms of Service, or (b) \nspecific to the Client’s business, OVHcloud shall ensure that the Services can be commercialized and used in \nthe European Union and countries where the Datacenters used to provide the Services are located. If the \nClient uses the Services, or authorizes third parties to use the Services, from a geographical zone located \noutside the country where the Datacenters are located, the Client is responsible to verify that this use is not \nsubject to any restrictions arising from applicable legislation or regulations, notably regulation EC 428/2009 \n\n \n5/18 \nfrom the European Council dated 5 May 2009 setting up a Community regime for the control of exports, \ntransfer, brokering and transit of dual-use items, as well as United States regulations such as the EAR (Export \nAdministration Regulations) and ITAR (International Traffic In Arms Regulations), given that OVHcloud \ncommercializes third party solutions provided by vendors subject to the regulations of the United States. \nOVHcloud reserves the right to refuse orders submitted (a) from countries subject to commercial restrictions \nor other sanctions, or (b) by citizens of those countries or individuals subject to sanctions. \n \n3.11. Third Party Products. Subject to specific commitments undertaken within the scope of the \napplicable Specific Terms of Service, (a) OVHcloud is not responsible for Third Party Products made available \nwithin the scope of the Services which may contain technical errors, security vulnerabilities, \nincompatibilities or instabilities, and offers no guarantee for the Third Party Products made available by \nOVHcloud to the Client in the provision of the Services (including all related information and items such as \nsoftware, systems, applications, etc.), and (b) the Client is only authorised to use the Third Party Products \nmade available to it by OVHcloud in accordance with the terms of the Contract, and in particular is forbidden \nfrom decompiling, accessing the source code, reinstalling on any other infrastructure software or systems \nmade available to it. The Client uses the Third-Party Products entirely at its own risk, in accordance with \nthese Terms of Service, and is responsible to ensure that such Services are suited to its needs and the \npurposes for which it uses them. \n \n3.12. Continuity and Reversibility of Services. Unless provided otherwise in the Specific Terms of Service, \nthe termination of Services for any reason whatsoever (in particular, the termination or non-renewal of the \nContract, failure to comply with the Terms of Service, etc.), as well as certain operations to update or \nreinstall the Services, shall automatically result in the irreversible deletion of all Content (including \ninformation, data, files, systems, applications, websites, and other items) that is reproduced, stored, hosted, \ncollected, transmitted, distributed, published and more generally used and/or operated by the Client within \nthe scope of the Services, including any potential backup. Before the termination or expiry of the Services, \nand before proceeding with any delete operations, update or reinstallation of Services, the Client is solely \nresponsible to perform any operations (such as backup, transfer to a third party solution, Snapshots, etc.) \nwhich are necessary to the preservation of its own Content. Upon request from the Client, and subject to the \nstipulations of the article on “Confidentiality” below, OVHcloud shall provide any technical information \nconcerning the Services which may facilitate reversibility operations and the Client’s Content recovery. Such \nprovision of assistance may result in additional charges for time worked, based on the financial terms \navailable on the OVHcloud Website or upon request to OVHcloud Support. However, OVHcloud does not \nproceed to any operation of restitution or Client’s Contents migration. Such operations are under the Client’s \nexclusive responsibility. With the exception of any data which OVHcloud must preserve in accordance with \napplicable laws and regulations, the data referred to in article “OVHcloud processes” below, and any data \nnecessary for the defence of its rights, OVHcloud undertakes not to keep a copy of the Client's data following \nthe termination of Services, unless otherwise agreed by the Parties or provided otherwise in the applicable \nSpecific Terms of Service.. \nARTICLE 4: OVHcloud SUPPORT \n4.1. The OVHcloud Support team. The OVHcloud Support team is responsible for handling Incidents which \nmay occur in relation to the Services, and to provide the Client, upon request, with information regarding the \ncharacteristics and Terms of Services. Provided the other levels of Support referred to in article 4.4 below, \nOVHcloud Support is available in English only and information regarding the Services is available during \nbusiness hours only. OVHcloud infrastructures are monitored 24/7, 365 days a year. In order to ensure the \ncontinuity of this monitoring handling on a 24/7/365 basis, OVHcloud reserves the right to subcontract part \nof the Support in accordance with articles “Subcontract” and “the Data Processing Agreement”. \n \n4.2. Recourse to OVHcloud Support. The Client may contact the OVHcloud Support by email, using a \nspecial form available in the Management Interface, or by telephone by calling + 353 (0)1 691 72 83. \nNevertheless, during non-business hours, the OVHcloud Support team can only be reached by email or \n\n \n6/18 \nthrough the Management Interface. OVHcloud shall create a ticket (“Incident Ticket”) for each request or \nIncident report received. The Client shall be informed by email of the creation of the Incident Ticket and its \ncorresponding number. The Client can access the history and status of its requests and Incidents reported \nthrough its Management Interface. The Client undertakes not to make use of the OVHcloud Support \nwrongfully. Before resorting to the OVHcloud Support, the Client must first consult the resources and \ninformation available on the OVHcloud Website (user guides, use cases, product documentation, etc.), and in \nits Management Interface (reporting, monitoring, etc.). The Client shall not (i) contact the OVHcloud Support \nfor services or products that it has not contracted from OVHcloud directly or(ii) place the OVHcloud Support \nteams in direct contact with its own clients or any other party external to the Contract. OVHcloud reserves \nthe right to refuse to accept any request which does not meet the aforementioned conditions. The Client \nundertakes to adopt behaviour that is appropriate, cordial and respectful in its interactions with OVH \nSupport. OVHcloud reserves the right to no longer reply to the Client’s requests and to immediately \nterminate the Contract in case of abusive, outrageous, or degrading behaviour. Furthermore, such behaviour \nmay result in legal action taken against the Client, for which purposes OVHcloud may resort to any means of \nevidence which it deems useful and relevant (extracts of communications with the Client, screenshots, \nemails, recording of telephone calls, etc.). Subject to the other levels of Support referred to in article 4.4 \nbelow, OVHcloud Support is included in the price of the Services. \n \n4.3. Incident handling. In case of malfunction of the Services, the Client shall firstly perform the technical \ntests recommended on the OVHcloud Website. In the event these tests do not resolve the Incident, the Client \nmay report the Incident to the OVHcloud Support as set out above, and provide as much information as \npossible to facilitate a proper diagnosis. When an Incident is reported, OVHcloud Support shall carry out the \nnecessary investigation to identify the cause of the observed malfunction and establish a diagnosis. The \nClient agrees to remain available at all times in order to collaborate with OVHcloud on a proper diagnosis \nand resolution of the Incident, in particular by providing OVHcloud with any additional information, and by \nperforming all of the necessary tests and verifications. Within the scope of Incident handling, OVHcloud and \nits partner companies are expressly authorized by the Client to connect to the Client Services at both the \nhardware and software levels, in order to take any action that is necessary to perform a diagnosis. This \nconnection may require the Client to perform an action on its Service. OVHcloud shall keep the Client \nreasonably well-informed of the progress of the operations. If OVHcloud establishes that its Services are \navailable and functioning properly, or that the existence of the Incident cannot be confirmed, or that the \nIncident does not fall under the responsibility of OVHcloud, OVHcloud shall inform the Client accordingly. In \nthis case, the time spent by OVHcloud on performing the diagnosis and assisting the Client may be charged \nto the Client as an additional service provided, based on the fee schedule available on the OVHcloud Website \nor provided to the Client. OVHcloud reserves the right to refuse any assistance if it ascertains, during its \ninvestigation, that the Client is using the Service in violation of the Contract or of any applicable law or \nregulation. If the Incident appears to fall under OVHcloud’s responsibility, OVHcloud shall finish the diagnosis \nand work to re-establish the availability of the impacted Services. In this case, the work performed by \nOVHcloud shall not result in any additional charges. The diagnosis shall be established by OVHcloud using \nany means necessary, and particularly based on exchanges between the Parties and data from the OVHcloud \ninformation system (such as login data) which the Client hereby expressly agrees may be admissible and fully \nenforceable. Subject to any applicable Specific Terms of Service and other levels of Support referred to in \narticle 4.4 below, OVHcloud does not provide any warranty as to the duration of repairs or time frames for \nthe resolution of Incidents within the scope of the OVHcloud Support. \n \n4.4. Other levels of Support. In addition to the OVHcloud standard Support described above, OVHcloud \noffers other levels of Support which allow the Client to benefit from additional services and levels of \ncommitment. The terms and conditions for these Support levels are described in Specific Terms of Service \nand corresponding documentations available on the OVHcloud Website or upon request to OVHcloud \nSupport. \n\n \n7/18 \nARTICLE 5: RESPONSIBILITY \n5.1. Ability. Each of the Parties warrants and represents that it has full power and authority to enter into \nand perform the Contract. In particular, the Client and OVHcloud represent and warrant that it holds all of \nthe authorisations, skills and knowledge (particularly of a technical nature) which enable them to \nrespectively use and provide the Services in accordance with the terms and conditions of the Contract. \n \n5.2. \nResponsibility of OVHcloud. In cases where the applicable Specific Terms of Service include \ncommitments from OVHcloud to particular levels of service, the corresponding payments or credits which \nmay be due by OVHcloud to the Client shall constitute the Client's sole and exclusive remedy for OVHcloud’s \nfailure to comply with the level of service committed to in the relevant Specific Terms of Service and \nOVHcloud's entire liability for failing to meet the relevant level of service. In the absence of an applicable \ncommitment to a given level of service under no circumstances shall the total aggregate liability of OVHcloud \nto the Client (however arising) under or in relation to this Contract, including (but not limited to) liability for \nbreach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to \nnegligence), breach of statutory duty, or otherwise, exceed the total amount of sums paid by the Client to \nOVHcloud for the impacted Services over the course of the six (6) months prior to the Client’s claim for \ncompensation. \n \n5.3. Limitation of liability. To the extent permitted by applicable law, under no circumstances shall \nOVHcloud be liable under or in connection with this Contract for any: \n(A) \nuse of the Services by the Client or a third party which is in breach of the terms and \nconditions of the Contract; \n(B) \nnon-execution, failure, malfunction or unavailability of the Services resulting from actions \nby a third party (excluding OVHcloud subcontractors), the Client, a Third-Party Product, or the \nClient’s failure to fulfill its obligations; \n(C) \nindirect or consequential loss or damage whatsoever; \n(D) \nloss of business, (including commercial damages or problems, lost orders, operational \nlosses), loss of revenue, loss of reputation (including harm to the company’s image), loss of actual or \nanticipated profits, loss of contracts or Clients, loss of the use of money, loss of opportunity, loss of \ngoodwill, loss of, damage to or corruption of data (such as, untimely disclosure of confidential \ninformation concerning them resulting from a vulnerability or hacking of the system, legal action by \na third party against the Client, etc.), in each case regardless of whether any of the types of loss or \ndamage listed in this paragraph (D) are direct, indirect or consequential. \n(E) \nloss, disclosure or illicit or fraudulent use of Users’ authentication credentials by the User or \nany third party; \n(F) \nsuspensions of access, or temporary or permanent suspension of operated Services in \naccordance with article 3 of these General Terms of Service (notably a request issued by a legal \nauthority or a competent judicial authority); \n(G) \nloss of, damage to, alterations of all or part of the Content (including information, data, \napplications, files or other items) hosted on the Infrastructure and noting that OVHcloud is not \nresponsible to perform the continuity of the Client’s activities and notably backup operations; \n(H) \nlack of suitability of the Services to the needs of the Client (including in relation to the \nsensitivity of the relevant data); \n(I) \nsecurity incidents related to the use of the Internet, particularly in case of loss, alteration, \ndestruction, disclosure or unauthorized access of Client data or information on, or from, the \nInternet; \n(J) \nimpairment of systems, applications and other items installed by the Client on the \nInfrastructure, \n \n \n5.4. Responsibility of the Client. The Client bears the risks related to its activities and is sole responsible \nfor the use of the Services made available by OVHcloud and for compliance with the Terms of Service in \n\n \n8/18 \neffect, including procuring that any third party that uses the Services, or on whose behalf the Service are \nused, comply with such Terms of Service. In particular, the Client is responsible for (a) ensuring the Services \nordered are suited to its needs and the needs of third parties for whom or on whose behalf they are used, (b) \nthe Content, such as information, data, files, systems, applications, software, websites, and other elements \nwhich may be reproduced, hosted, installed, collected, transmitted, distributed or published, and more \ngenerally used and/or operated within the scope of the Services, as well as (c) the management and use of \nsaid Content (in particular their verification, validation, updating, deletion, backup, and along with any \nmeasure designed to protect against the loss or alteration of the Content), including when the Content \nbelongs to a third party or is used or operated by or on behalf of a third party, and (d) compliance with \napplicable laws and regulations, as well as the Deontological Charter. When the Client uses the Services in \nthe scope of a business activity, or when acting on behalf of a third party, it undertakes to take out a third-\nparty insurance policy, from an insurance company known to be creditworthy, covering the entire amount of \ndamages which may be imputed to it, and undertakes to maintain that insurance policy (or any other \nequivalent insurance) for the entire duration of the Contract. \n \n5.5. Client guarantee. Each Party guarantees it practices activities complying with the regulation in effect. \nThe Client guarantees notably OVHcloud against any consequences resulting from (a) the use or exploitation \nof illicit content within the scope of the Services, (b) fraudulent use of the Services or use that does not \ncomply with the Terms of Services in effect or any applicable laws and regulations, (c) the use of Services \nmade in violation of third party rights, (d) the lack of suitability of the chosen Services to its needs or the \nneeds of its Users and of any third party on whose behalf the Services are used, or (e) the loss of, or \nunauthorized or fraudulent use of, Users’ authentication credentials. The Client undertakes to take \nappropriate action in the event of any action, claim or complaint by a third party relative to the Content \nand/or the Terms of Service, including those by legal or judicial authorities, and to indemnify and hold \nharmless OVHcloud against any damages, losses and expenses which may result therefrom (including legal \njudgements, reasonable legal defence costs, etc.). \n \n5.6. Third Parties. Under the present Contract, OVHcloud makes no commitment towards any third parties, \nincluding Users, and no stipulation of the Contract may be interpreted as creating third party beneficiaries of \nthe present Contract. The Client is solely responsible for its relationship with any third parties (notably the \nUsers of the Services) and shall indemnify and hold harmless OVHcloud against any action, claim or \ncomplaint taken by a third party which implicates the OVHcloud Services. The Client undertakes to notify \nOVHcloud in writing, as quickly as possible, of any claims, complaints and/or legal action taken by a third \nparty which implicates the OVHcloud Services, detailing the subject matter of the claim as well as any useful \ninformation so that OVHcloud may communicate to the Client any items in its possession which may be \nuseful. OVHcloud reserves the right to take part into such litigations. \n \n5.7. Force majeure. For the purposes of this article 5.7, \"Affected Party\" means a party to this Contract, \nwhich is affected by, or which claims to be affected by, a Force Majeure Event. \"Force Majeure Event\" means \nan event the occurrence of which is beyond the reasonable control of the Affected Party, including (without \nlimitation) the following: (a) Act of God (including earthquake or other natural disaster), act of terrorism, war \nor warlike operations, civil unrest or riot; (b) [default of third parties, industrial action [(other than of the \nAffected Party’s own workforce)], fire, flood, explosion or malicious damage, or failure of plant or equipment \n(but only to the extent that any of these is beyond the reasonable control of the Affected Party)]; and (c) \nchange of law, regulation or industry standard, or governmental order or direction. Neither Party shall be in \nbreach of this Contract nor liable for any delay in performing, or failure to perform, any of its obligations \nunder this Contract if such delay or failure results from a Force Majeure Event. In such circumstances, the \nAffected Party shall inform the other Party as quickly as possible in writing, detailing the circumstances and \nthe expected duration of the Force Majeure Event, and shall keep the other Party regularly informed of the \nstatus of the situation. If, despite the efforts of the Affected Party in breach, the period of delay or non-\nperformance continues for more than thirty (30) consecutive days, the Party not affected may terminate \nwithout liability whatsoever all or part of the Services affected by the Force Majeure Event with immediate \neffect by giving notice to the Affected Party. \n\n \n9/18 \nARTICLE 6: FINANCIAL CONDITIONS \n6.1. Price of Services. The prices of the Services invoiced to the Client are those in effect at the time of \ninvoicing, as published on the OVHcloud Website. The prices may also be communicated upon request sent \nto OVHcloud Support. Unless stipulated otherwise, all prices are in Euros. OVHcloud offers different types of \nrates depending on the type of Service (monthly flat-rate, yearly flat-rate, per use pricing, etc.). These rates \nmay be linked to a commitment to a particular period of use and/or a specific method of invoicing. Should \nseveral types of prices be available for the same Service, the Client may select the one of its choosing when \nsubmitting its Order. When prices are listed excluding taxes (in particular, prices for Services designed for \nbusinesses), the VAT as well as all other taxes applicable to the Services (excluding taxes on OVHcloud \nrevenue) shall be added to the price of the Services and due by the Client without this being deemed a \nchange in the price as envisaged by article 6.2 of this Contract. In the absence of a special pricing scheme, the \nprices of the Services shall include the cost of acquisition of the licenses and rights to use the tools, software \nand Operating Systems used by OVHcloud and/or which are made available to the Client by OVHcloud within \nthe scope of the Services. The Client is responsible for acquiring and fulfilling its obligations in respect of all \nlicenses and usage rights that are necessary to operate or make use of the Content within the scope of the \nServices. The methods for calculating the price of the Services, as well as the billing units, are defined on the \nOVHcloud Website and in the applicable Specific Terms of Service. The Client is responsible for taking note of \nthis before submitting its order. Each billing unit begun shall be invoiced and due in full, even when it is not \ntotally used. Some Services shall incur additional installation or commissioning costs. \n \n6.2. Changes to prices. OVHcloud reserves the right to change its prices at any time. Pricing changes are \nimmediately applicable to any new Orders. For Services in use at the time of an increase in their price, the \nClient shall be informed of the change by email at least thirty (30) calendar days in advance. In such a case \nand subject to article “Conditions Specific to Consumers” the Client has the right to terminate without \npenalty the impacted Services within thirty (30) calendar days upon the notification of the said price \nincrease. Such termination shall be notified by registered letter with acknowledgement of receipt or through \na specific form provided in the Management Interface. In the absence of said termination, the Client shall be \ndeemed to have accepted the new prices. \n \n6.3. Invoicing. The Services shall be invoiced on the basis of Client Orders and consumption of Services as \nestablished by OVHcloud in its information system, which shall be deemed as admissible and fully \nenforceable to the Client. The periodicity (monthly, yearly, or other) of invoices and the timing of their \nissuance (upon ordering or in arrears) varies from one Service to another. The terms of invoicing of the prices \nof the Services are defined on the OVHcloud Website and in the applicable Specific Terms of Service. The \nClient is responsible for taking note of these before submitting its Order. After each payment, OVHcloud shall \nsend the Client an invoice. The Client expressly agrees that this invoice shall be sent to it electronically. The \ninvoice is sent to the Client by email and/or made available to the Client through the Management Interface. \nThe Client is responsible for keeping a copy of the invoice in accordance with regulations in effect. Invoices \nmade available to the Client in the Management Interface shall remain available for a period of twelve (12) \nmonths following the date made available. \n \n6.4. Payment. Invoices are payable on receipt, it being understood that invoices are issued either at the \ntime of the Order, or in arrears, depending on the Service. The Client is responsible for selecting its desired \npayment method from among the available payment methods in the Management Interface. The available \npayment methods may vary from one Service to another. The Client is responsible for taking note of this \nbefore submitting its Order. In relation to Services payable in arrears, OVHcloud reserves the right to invoice \nthe Client for said Services before the end of a calendar month in the event that the total Services consumed \nby the Client during the month in question reach a significant amount. The Client is fully responsible for \npayment of Services in accordance with the article “Financial Conditions”. The Client undertakes to select a \nvalid payment method in its Client Account, and to dispose of the necessary funds to render payment for the \nServices. Provided the cancellation right of article “Conditions Specific to Consumers”, the Client remains \nliable to settle the price in its entirety and shall have no claim to any reimbursement resulting from the non-\n\n \n10/18 \nuse, the partial-use, suspension or cessation of the use of Services before the end of the Period of Use which \nis without prejudice to the Client’s right to engage OVHcloud’s liability in accordance with article “Liability” \nhereafter in case such situation results from OVHcloud’s failure to fulfil its obligations. \n \n6.5. Default or late payment. In case of default or late payment, including partial payment, the Client shall \nbe liable to pay late payment penalties due the day following the payment due date and OVHcloud shall have \nthe right to charge interest on the overdue amount at the applicable rate under the European Communities \n(Late Payment in Commercial Transactions) Regulations 2002 , accruing on a daily basis from the due date \nup to the date of actual payment, whether before or after judgement.. Furthermore, any default or delay of \npayment (including partial) of the sums due by the Client under the Contract which persists for more than \nfour (4) days after notification of default or delay of payment sent to the Client by email, shall result by right, \nand without requiring any additional notification or formal notice, in (a) the immediate demand of all of the \nsums remaining due by the Client under the Contract regardless of their payment terms, and (b) the right of \nOVHcloud to decide to immediately suspend and without prior notice all or part of the Client Services \n(including those which have been paid for), to refuse any new Order or renewal of Services to the Client and \nto terminate all or part of the Contract . In case of default or late payment, business Clients shall be liable to \npay a fixed recovery fee of forty (40) Euros, without prejudice to OVHcloud’s right to demand, upon \nsupporting documents, additional compensation in cases where the recovery fees are greater than the \namount of said fixed recovery fee. \n \n6.6. Contestation. In the event of any disagreement regarding invoicing or the nature of the Services, the \nClient must notify OVHcloud Support through its Management Interface within one (1) month of the date the \ninvoice was issued. In the absence of said notification, and without prejudice to the Client’s right to contest \nthe invoice later on, the Client shall be liable to settle all unpaid invoices according to the terms of the \nContract. In case of failure to invoice the Services correctly or in the appropriate timeframe, OVHcloud \nreserves the right invoice or correct the invoicing at any time, subject to any mandatory applicable \nlimitation. \nARTICLE 7: DURATION, RENEWAL AND TERMINATION OF SERVICES \n7.1. Duration of Services. The Contract is entered into for an indeterminate period of time and remains in \neffect so long as the Client uses the OVHcloud Services. The duration for which the Client undertakes to use \nthe ordered Services is that which is applicable to the rate selected by the Client when submitting its Order \n(the “Period of Use”). In case of flat-rate or fixed sum payments (monthly, annual or other), and subject to \nArticle “Conditions Specific to Consumers” and section “Termination for breach”, the Client undertakes to \nuse the Services during the entire corresponding period. In case of payment per use, the Services are made \navailable for an indeterminate period of time, and the Client may terminate its use of the Services at any time \nin accordance with the procedures in effect. \n \n7.2. Renewal of Services. The terms for the renewal of Services vary from one type of Service to another, as \nset out below. Some of these renewed automatically (“Auto-Renew”) while others are renewed upon \npayment in advance by the Client. In cases where multiple options exist, the Client is responsible for \nselecting the renewal method of its choosing. For certain Services, the Auto-Renew mode is activated by \ndefault. Requests for reissued payment are automatically rejected in case of default in payment or irregular \npayment (incorrect amount, incomplete payment, payment which does not include the required references, \nor issued using a method or procedure not accepted by OVHcloud). OVHcloud reserves the right to terminate \nthe renewal, notably, with a reasonable prior notice, in case of a Service’s disappearance. \n \n7.3. Termination for breach. Without prejudice to the other cases of termination provided in the Contract, \nand without affecting any other right or remedy available to it, either Party may terminate this Contract with \nimmediate effect by giving written notice to the other Party if the other Party commits a breach of any term \nof this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach \nwithin a period of seven 7 calendar days after being notified by registered letter with acknowledgement of \n\n \n11/18 \nreceipt to do so. Notwithstanding the foregoing, in case of malicious, illegal or fraudulent use of the Services, \nor use made in violation of the rights of a third party, OVHcloud shall be entitled to terminate the relevant \nServices or the Contract in its entirety with immediate effect by email and without prior formal notice \n(provided that, if the Client is a consumer, nothing in this article 7.3 shall affect the Client's rights under \napplicable consumer protection law). The present paragraph shall not be considered to be a waiver of \nOVHcloud’s right to suspend or interrupt the Services in accordance with the provisions of the Contract, \nparticularly in case of non-compliance by the Client with the Terms of Service. Terminations for breach are \nwithout prejudice to any damages which may be claimed by the injured party. \nARTICLE 8: CONFIDENTIALITY \n8.1. Commitments. Each of the Parties undertakes, as concerning the confidential information of the Party \nof which it is recipient or to which it has access within the scope of the execution of the present Contract, to \n(a) only use said confidential information for the sole purposes of the execution of the Contract, (b) preserve \nthe confidentiality of said information with the same degree of care as if it were its own confidential \ninformation, and (c) give access to said confidential information only to their respective associates and \nAffiliates who need to know the information as part of their function on the condition that these recipients \nhave received prior notification of the confidential nature of said information and are linked by a \nconfidentiality agreement at least as equivalent as this Contract. Each Party is also allowed to communicate \nthe other Party’s confidential information to its counsels as long as they belong to a regulated profession \n(e.g. lawyers, barristers, certified accountants and auditors). Each Party forbid itself to divulgate the other \nParty’s confidential information to other persons than those referred to above without the prior written \nconsent of the other Party, and warrant the respect of the confidentiality of said data by every person to \nwhom it divulgates it. Shall be considered confidential the Contract’s provisions and all information \ncommunicated between the Parties, or to which the Parties have access in the scope of the execution of the \nContract and in any form whatsoever and the nature (notably financial information and marketing, trade \nsecrets, know-how, information related to security and to the terms of use of the Service). To be considered \nas a confidential information, it is not necessary that the confidential nature of the information be \nmentioned on the document or other media containing the information or precised when the information is \ndivulgated. \n \n8.2. Exceptions. The confidentiality commitments defined above shall not apply to information for which \nthe recipient Party can demonstrate that (a) the recipient Party became legitimately aware of the \ninformation without being required to keep them confidential prior to the other Party having communicated \nthe information or provided it with access to the information, or (b) the information is in the public domain \nor falls into the public domain during the course of the execution of the Contract by means other than a \nfailure by the recipient Party (or persons for which it is responsible) to fulfil its confidentiality obligations \nunder the present Contract, or (c) they were communicated to the recipient Party by a third party having the \nauthority to disclose them and which did so legitimately, (d) they result from developments performed by \nthe recipient Party and/or by its employees independently of the execution of the Contract, or (e) the \ndivulgation of the said information was authorised by the other Party as provided in the Contract’s \nprovisions. Notwithstanding the preceding, each of the Parties reserves the right to disclose information \nreceived from the other Party (a) strictly within the limits necessary to defend its rights, it being noted that in \nsuch cases, the confidential information of the other Party shall be retained for the time legally required for \ntheir use as evidence, and can only be disclosed to those persons who need to know them within the course \nof the legal action or procedure in question (judges, lawyers, etc.), those persons being bound by \nprofessional secrecy or otherwise by a confidentiality agreement, or (b) at the request of a competent legal \nor judicial authority, it being specified that in such cases, disclosure shall be strictly limited to the request of \nsaid authority, and, subject to any legal requirements or injunctions to the contrary, the recipient Party shall \ninform the other Party of said request. \n\n \n12/18 \nARTICLE 9: GENERAL PROVISIONS \n9.1. \nSeverance. If any provision or part-provision of this Contract is or becomes invalid, illegal or \nunenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and \nenforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed \ndeleted. Any modification to or deletion of a provision or part-provision under this article 10.1 shall not affect \nthe validity and enforceability of the rest of this Contract. If any provision or part-provision of this Contract is \ninvalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as \namended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended \ncommercial result of the original provision. \n \n9.2. Titles. The article and paragraph headings are for convenience only and shall not affect the \ninterpretation of this Contract. \n \n9.3. Waiver. No failure or delay by a Party to exercise any right or remedy provided under this Contract or \nby law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further \nexercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall \nprevent or restrict the further exercise of that or any other right or remedy. \n \n9.4. Entire agreement. The Contract is made up of the Terms of Services which constitute the entire \nagreement between the Client and OVHcloud in relation to its subject matter, excluding any Client’s general \nterms and conditions. It replaces and extinguishes all prior agreements, arrangements, collateral warranties, \ncollateral contracts, statements, assurances, representations and understandings of any nature made by or \non behalf of the parties in relation to the same, whether oral or written. Each party acknowledges that in \nentering into this Contract it has not relied upon any oral or written statements, collateral or other \nwarranties, assurances, representations or undertakings which were made by or on behalf of the other party \n(whether innocently or negligently) in relation to the subject-matter of this Contract at any time before its \nsignature (together \"Pre-Contractual Statements\"), other than those which are set out in this Contract. Each \nparty hereby waives all rights and remedies which might otherwise be available to it in relation to such Pre-\nContractual Statements. Nothing in this article 10.14 shall exclude or restrict the liability of either party \narising out of its pre-contract fraudulent misrepresentation or fraudulent concealment. \n \n9.5. Contractual documents changing. OVHcloud may, at any time and by right, amend the Terms of \nService in effect. Such amendments are immediately applicable to every new Orders. About those Services in \nuse, the Client shall be notified via email or through its Management Interface of any amendment to the \nTerms of Service in effect. Changes to the Terms of Service are in effect within thirty (30) calendar days from \nthe date the aforementioned notification is sent. Notwithstanding the foregoing, any change to Third Party \nProduct Terms of Use and any implementation of a new regulation may be immediately applicable to the \nextent OVHcloud does not control such events. Subject to conditions applicable to Consumers, in cases \nwhere new Terms of Service are unfavourable to the Client, the latter may, terminate the Services affected by \nthe notified amendment within thirty (30) calendar days from the new Terms of Services are in effect. Such \ntermination shall be notified via registered letter with acknowledgement receipt or the form provided in the \nManagement Interface. \n \n9.6. No Partnership or Agency. Nothing in this Contract is intended to, or shall be deemed to, establish any \npartnership or joint venture between the Parties, constitute either Party the agent of the other Party, or \nauthorise either Party to make or enter into any commitments for or on behalf of the other Party. Each Party \nconfirms it is acting on its own behalf and not for the benefit of any other person. \n \n9.7. Assignment. Neither Party shall assign, transfer, mortgage, charge, declare a trust over or deal in any \nother manner with any or all of its rights and obligations under this Contract without the prior written \nconsent of the other Party Notwithstanding the foregoing, each Party shall be entitled to transfer all or part \nof the Contract to its Affiliates. In this case, it shall notify the other Party in writing as soon as reasonably \n\n \n13/18 \npracticable. The following operations are deemed not to fall within the scope of application of the present \narticle, and are therefore authorised: (a) changes in shareholders, changes of holdings, or change of control \nof either Party, and (b) operations such as mergers, acquisitions, sale of business assets, divestments, or any \nother operations which involve a transfer of the assets of either Party. If one of the Parties performs one of \nthe operations mentioned in point (a) or (b) above, it shall inform the other Party. If the operation is realised \nto the benefit of a direct competitor of the other Party that other Party shall have the right to terminate the \nContract, and no damages shall be due. \n \n9.8. Notices. For all exchanges of information by email, the date and time of the OVHcloud server shall be \naccepted by the Parties. This information shall be retained by OVH for the entire duration of the contractual \nrelationship and for the three (3) following years. Subject to the other means of communication and recipient \nmentioned in the Contract, all notifications, formal notices and other communications provided for in the \nContract shall be deemed as having been validly delivered if they are sent by to: \n• \nFor OVHcloud: By registered letter with acknowledgment of receipt to the address OVH HOSTING \nLIMITED, \nSupport \nService \n- \nEnterprise \nHouse, \nO’Brien \nRd, \nCarlow \nR93Y0Y3 \n \n• \nFor the Client: By registered letter with acknowledgment of receipt the postal address provided by \nthe Client in its Client’s account or by email address \n \nThis article does not apply to the service of any proceedings or other documents in any legal action or, where \napplicable, any arbitration or other method of dispute resolution. \n \n9.9. Advertising and promotion. Unless otherwise decided by the Client via the form available for such \npurpose in its Management Interface, OVHcloud is allowed to make mention of its commercial relationship \nwith the Client in its usual course of business towards clients and prospects. Any other mention by OVHcloud \nabout the Client, and any other use of signs (logos, trademarks, etc.) notably for advertising purposes, \nexhibitions, conferences and in specialised publications for market professionals, as well as in its brochures, \ncommercial documents and OVHcloud website is submitted to Client’s prior consent. \n \n9.10. Admissible evidence. It is expressly agreed that the data of the OVHcloud information system or of its \nsubcontractors, such as login logs, consumption records, order and payment summaries, Incident or other \nreports, can be used as evidence vis-à-vis the Client, and are deemed as admissible including in the context \nof legal disputes. \n \n9.11. Computation of time frames. Time periods shall be calculated in calendar days and are counted \nstarting on the next day of the event which triggers them. \nARTICLE 10: JURISDICTIONAL COMPETENCE AND APPLICABLE LAW \n10.1. Jurisdictional competence. Each Party irrevocably agrees that the courts of Ireland shall have \nexclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its \nsubject matter or formation (including any disputes or claims relating to non-contractual obligations). \n \n10.2. Applicable law. his Contract and any dispute or claim arising out of or in connection with it or its \nsubject matter or formation (including disputes or claims relating to non-contractual obligations) shall be \ngoverned by and construed in accordance with the laws of Ireland, provided that if the Client is a consumer, \nthe Client will benefit from any mandatory provisions of the law of the country in which the Client is resident. \nNothing in the Contract, including this article 11.2, affects the Client's rights as a consumer to rely on such \nmandatory provisions of local law. \n \n\n \n14/18 \nARTICLE 11: CONDITIONS SPECIFIC TO CONSUMERS \nThis article 11 applies only to Clients who are considered consumers under applicable consumer protection \nlegislation, and supplements the other provisions of these General Terms of Service, which remain fully \napplicable to said Clients subject to the provisions to which article 11.2 below expressly derogates. \n \n11.1 Additional stipulations. This section 11.1 supplements the other provisions of these General Terms of \nService, which remain fully applicable to Consumers. \n \n11.1.1 Provision of the Services. OVHcloud undertakes to provide the Service to the Client within the time \nprovided during the Order or lacking the information or agreement on the provision’s date of the Service \nwithin fifteen (15) days following the confirmation of the Order. If the Service is not provided with the \naforementioned time, the Client may request the cancellation of the transaction by registered letter with \nacknowledgement of receipt or by creating a ticket through its Management Interface by précising in the \nsubject message “Termination for default in the Provision of the Services”. Sums already paid by the Client \nare reimbursed within fourteen (14) days following the cancellation of the Order. \n \n11.1.2 Right of cancellation. The Client enjoys the statutory right of cancellation. It may exercise this right, \nwithout having to justify its reasons nor pay any penalties other than any return fees, within a period of \nfourteen (14) days from the day after the Order. The cancellation right shall be exercised before the expiry \ndate aforementioned either via the form available for such purpose in the Management Interface, by filling \nthe following cancellation form and addressing it to OVHcloud par registered letter with acknowledgement \nof receipt, or by any other declaration clearly expressing its wish to exercise this right. \n \nCancellation form: \n \n“To the attention of OVH LTD (Support Service),: \nI / we (*) hereby notify you by means of the present letter of my / our (*) revocation of the contract governing \nthe following sale of goods / provision of services (*): \nOrdered the / received the (*): \nName of consumer(s): \nAddress of consumer(s): \nSignature of consumer(s) (only in case of notification using the paper form): \nDate: \n(*) delete as appropriate.” \n \nThe right of cancellation, when legitimately exercised, allows the Client to obtain reimbursement for the \ngoods and Services concerned by the exercise of said right, subject to any reduction that OVHcloud may \napply to reflect the value of the Services actually received by the Client at the time that it exercises its right to \ncancel. OVHcloud will make such reimbursement without undue delay and in no event later than 14 days \nafter the day on which OVHcloud is informed of Client’s decision to exercise its right of cancellation. \nOVHcloud will make the reimbursement using the same means of payment as the Client used for the initial \ntransaction, unless the Client has expressly agreed otherwise. \nThe Client cannot exercise its right of cancellation for Services which have been fully performed before the \nend of the cancellation period or for goods and Services manufactured according to the consumer’s \nspecifications or clearly customised. Therefore, the Client is informed during the Order and is invited to \nwaive its right of cancellation. \n \n \n12.1.3 Complaints. All complaints regarding OVHcloud Services may be addressed to: \n- Firstly to: the Customer service via the form available to the Client in its Management Interface. \n- Secondly, if the Client has not received a reply within thirty (30) calendar days following the receipt of its \ncomplaint, the Client does not have access to its Management Interface or in the event the Client is not \n\n \n15/18 \nsatisfied with the response provided by the Customer Service, it may write to: OVH - National Consumers \nService. - ENTERPRISE HOUSE O'BRIEN ROAD CARLOW R93Y0Y3 The complaint of the Client shall be reviewed \nwithin thirty (30) calendar days from the date of its receipt by the OVHcloud National Consumers Service. \n- Thirdly, if the Client wishes to have more information on online dispute resolution, please follow this link to \nthe website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as \nrequired by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information \npurposes only. OVHcloud is not obliged to participate in online dispute resolution. \n \n11.1.4 Guarantees. The Client may have statutory rights granted by law. These rights include the obligation of \nOVHcloud to perform the Services with proper care and diligence in accordance with the sale of goods and \nsupply of services act 1980 as revised. For more information about consumers’ legal rights, the Client may \nconsult the Competition and Consumer Protection Commission website located at https://www.ccpc.ie/ \nThese General Terms of Service shall not affect such Client’s legal rights. \n \n \n11.2. Overriding stipulations. The following provisions replace the provisions of these General Terms of \nService to which they expressly derogate. \n \n11.2.1 (derogates article 3.8) Updates to Services. OVHcloud may modify the Services at any time, and may \nadd, modify or remove ranges, options or features, as well as upgrade their performance. The Services are \ndescribed online on the OVHcloud Website. The Client is responsible for keeping abreast of any updates to \nthe Services, which are immediately applicable to any new Orders. Concerning the Services in use by the \nClient, the latter shall be informed by email or via its Management Interface of any substantial updates which \nare of a nature to downgrade said Services, at least one (1) month before the implementation of said update. \nNevertheless, modifications to Third Party Products and urgent cases (such as security risks, or legal or \nregulatory compliance updates) may result in immediate modifications to the Services. In case of any update \nthat degrades existing Services (removal of functionality, performance downgrade, etc.), the Client may \nterminate the relevant Services by registered letter with an acknowledgment of receipt or through a \nprovided form found in its Management Interface within four (4) months from the date the relevant update is \nimplemented. \n \n11.2.2 (derogates article 6.1) Price of Services. The prices of the Services invoiced to the Client are those in \neffect at the time of that the Client submits the Order, as published on the OVHcloud Website, and include \nVAT. The prices may also be communicated to the Client upon request from the Client to OVHcloud Support. \nUnless stipulated otherwise, all prices are in Euros. OVHcloud offers different rates depending on the type of \nService (monthly flat-rate, yearly flat-rate, per-use pricing, etc.). These may be linked to a commitment to a \nparticular period of time and/or a specific method of invoicing. Should several prices be available for the \nsame Service, the Client may select the one of its choosing when submitting its Order. \nSome Services are only available for business Clients, not for individual consumers.The prices of these \nServices are listed exclusive of any tax. \nIn the absence of a special pricing mechanism, the prices of the Services shall be deemed to include the cost \nof acquiring the licenses and rights to use the tools, software and Operating Systems provided by OVHcloud \nand/or which are made available to the Client in the provision of the Services. The Client is responsible for \nacquiring and fulfilling its obligations in respect of all licenses and usage rights that are necessary to operate \nor make use of the Content within the scope of the Services. The methods for calculating the prices of the \nServices, as well as the billing units, are defined on the OVHcloud Website and in the applicable Specific \nTerms of Service. Each billing unit begun shall be invoiced and due in full. The Client is responsible for taking \nnote of this before submitting its order. Some Services shall incur additional installation or commissioning \ncosts. \n\n \n16/18 \n11.2.3 (derogates article 6.2) Changes of prices. OVHcloud reserves the right to change its prices at any time. \nPricing changes are immediately applicable to any new Orders. For Services in use at the time of an increase \nin their price, the Client shall be informed of the change by email at least one (1) month in advance. In such \ncase the Client, upon notification of said increase, has the right to terminate the impacted Services within \nfour (4) months without penalty. Such termination shall be notified by registered letter with \nacknowledgement of receipt or through a specific form provided for such purpose in the Management \nInterface. \n11.2.2 (derogates article 6.5) Default or late payment. If the Client fails to make any payment due to \nOVHcloud under the Contract by the due date for payment, then, the Client shall pay interest on the overdue \namount at the rate of 1,5% per annum above the Central Bank of Ireland's base rate from time to time or the \nmaximum rate authorized by laws if less. Such interest shall accrue on a daily basis from the due date until \nactual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest \ntogether with the overdue amount. Furthermore, any default or delay of payment (including partial) of the \nsums due by the Client under the Contract persisting for more than four (4) calendar days after notification of \ndefault or delay of payment sent to the Client by email, shall result by right, and without requiring any \nadditional notification or formal notice, in (a) the immediate demand of all of the sums remaining due by the \nClient under the Contract regardless of their payment terms, and (b) the right of OVHcloud to decide to \nimmediately suspend, and without prior notice, all or part of the Client Services (including those which have \nbeen paid for), and to refuse any new Order or renewal of Services and to terminate all or part of the \nContract. \n11.2.3 (replaces article 9.4) Contractual Documents. The Contract is made up of the Terms of Services which \ncomprise the entirety of the Contract entered into between the Client and OVHcloud and exclude any general \nterms and conditions of the Client and any other prior documents, agreements, or discussions. OVHcloud \nmay, at any time and by right, amend the Terms of Service in effect. Such amendments are immediately \napplicable to every new Orders. About those Services in use, the Client shall be notified via email or through \nits Management Interface of any amendment to the Terms of Service in effect. Changes to the Terms of \nService are in effect within thirty (30) calendar days from the date the aforementioned notification is sent. \nNotwithstanding the Third Party Product Terms of Service and legal and regulation compliance may be \nimmediately applicable. The Client may terminate the affected by the notified amendment within four (4) \nmonths from the new Terms of Service in effect. Such termination shall be notified via registered letter with \nacknowledgement receipt or the form provided in the Management Interface. \n11.2.4 (replaces article 10.1) Jurisdictional competence. In case of dispute with the Client, the Court of the \nplace of residence of the defendant shall have express jurisdiction, or, at the choice of the Client, the Court of \nthe place to which the goods were delivered or the place where the services were provided. \n \nARTICLE 12: DEFINITIONS \nThe following terms shall have the following meanings unless the context otherwise requires: \n \nAffiliates: mean any company controlled by one of the Parties, that controls one of the Parties or with which \none of the Parties is under the joint control of another third company. The notion of control has the same \nmeaning as in article L233-3 of the French consumer code. The control can be either direct or indirect. \n \nArchive Storage: means (For Public Cloud) long-term Storage that seldom needs to be accessed. Access to \ndata stored on Archive Storage is not instant, the time required to access the data cannot be guaranteed. \nCDN: means the Content Delivery Network is network of servers which cooperate to make content and data \navailable to users via the internet. \n \nClient Account (or Nickhandle): means Reference Account/Client login allowing the Client to manage all its \nServices and to subscribe to additional Services. \n\n \n17/18 \n \nCloud: Technology that uses remote execution resources and storage. \n \nContent: means the text, information, image, audio or video material and other data placed on the Service \nby or on behalf of the Customer, including data which the Customer permits third parties to place on the \nService. \n \nCPU: means the Central Processing Unit, or processor, is the server component which executes the computer \nprogrammes. \n \nData Processing Agreement: means data processing agreement applicable for the use of OVHcloud’s \nServices available on the OVHcloud website from time to time. \n \nDatacenter: means physical site where the Infrastructures provided to the Client by OVHcloud within the \nscope of the Services are localised. \n \nDedicated Cloud: means all of the Virtual Datacentres hosted on the OVHcloud Infrastructure. The \nDedicated Cloud is managed by the Client through its management interface and the Virtualisation interface. \n \nHost Server: means a physical server with a memory load and a processor load. It is configured and \nmanaged by OVHcloud within its Dedicated Cloud and is designed to accommodate one or several Virtual \nMachines managed by the Client. \n \nIncidents: means any event which causes or is likely to cause an interruption or a reduction in the \ncontinuous operation of the Infrastructure and/or services provided to the Client by OVHcloud. \n \nInfrastructure(s): mean(s) \n(Dedicated Cloud) The structure established by OVHcloud to accommodate the Client's Dedicated Cloud, \nwhich notably includes the network, the bandwidth, the physical resources and the virtualisation. \n(Virtual Private Server, Public Cloud and DeskaaS) All components provided by OVHcloud include in \nparticular (depending on the circumstance) the Host Server, the Storage Space, the network, the bandwidth \nand/or virtualisation or cloud computing technology. \n(Public Cloud) All the elements developed by OVHcloud. This especially includes, the Host Server, Storage, \nnetwork, bandwidth and virtualisation and / or cloud technology, as appropriate. \n \nManagement Interface: means the \"Manager\" space is accessible to the Client after identification by \ninputting its customer ID and the corresponding password. \n \nOperating Systems (OS): mean the programme that controls how the server capacity is used by managing \nall application programmes. \n \nObject Storage Container: mean Distributed Storage Space based on the Object Storage architecture \n(management of data as objects). \nOrder(s): mean(s) a request made by the Client to the Supplier for Services to be supplied under the Terms \nand Conditions. \n \nOVHcloud Deontological Charter: means the code of good conduct for the use of OVHcloud’s Services \navailable on the OVHcloud website from time to time. \n \nOVHcloud Group: means together OVH SAS and its Affiliated Companies worldwide. \n \nOVHcloud Support: means OVHcloud team responsible for assisting the Client and handling Incidents and \nensuring the availability and security of Services in accordance with the applicable terms and performance \nlevels. \n\n \n18/18 \n \nOVHcloud Website: means OVHcloud company’s website \"ovhcloud.com\" or any other derivative website \nbelonging to one of its Affiliates. \n \nPack: means Dedicated Cloud offer with Host Servers and Storage Spaces configured in a Virtual Datacentre, \nand possible additional options. \n \nPeriod of Use: means standard period of use of a Service subject to subscription periods. \n \nServices: mean all services provided by the Supplier to the Client in accordance with the Contract. \n \nSpecific Terms of Service (or Special conditions): mean document describing one or several Service(s) \nprovided by OVHcloud and setting the conditions of performance and conditions of use applicable to such \nService(s). \n \nStorage Space: means the disk space allocated to the Client enabling it to store the data of the Virtual \nMachine in the Virtual Datacentre in a centralised and secure manner. \n(Public Cloud): Disk space, onto which, an Instance’s data can be stored. Storage can be either a Local or \nRemote, depending on the characteristics of the Instance. Among the Storage available within the OVHcloud \nPublic Cloud service, OVHcloud offers Archive Storage and Object Storage Containers. \nThird Party Products: mean product developed by a third-party provider and available to the Client within \nthe scope of OVHcloud Services. \n \nThird Party Product Terms of Use: mean set of documents describing the terms and conditions applicable \nto Third Party Products. \n \nUsers: mean persons using the Services under Client’s liability. (CDN infrastructure, CDN WebStorage) \nInternet users visiting the Client Website. (Geocache Accelerator): Internet users downloading the Client’s \nFiles. \n \nVirtualisation: means Technology that allows multiple systems, virtual servers or applications to operate on \na same physical server \n \nVirtual Datacentre: means non-physical datacentre composed of a Pack, additional resources subscribed to \nby the Client, Virtual Machines, and one or several private network(s). \n \nVirtual Desktop or “DeskaaS”: means Virtualised workstation consisting of hardware resources containing \none or more CPU, RAM capacity and Storage Space, located on a Host Server, as well as pre-installed \napplications, accessible from different platforms (including PC, tablet, smartphone) via Cloud technologies. \nVirtualisation Interface: means third party software provided by OVHcloud that allows the Client to manage \nits Dedicated Cloud and the associated services, and in particular to establish and manage its Virtual \nMachines. \n \nVirtual Machine: means a non-physical server that uses Virtual Datacentre resources and is installed on the \nDedicated Cloud network. Each virtual machine is managed independently from any other within the Client's \nVirtual Datacentre. \n \n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Discord","url":"https://discord.com/terms","lang":"ENG","sector":"Communication","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"07.05.2020"},"document":{"title":"","text":"Discord Terms of Service\nLast modified: May 7, 2020.\nIMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT\nAFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE\nREAD CAREFULLY.\nINTRODUCTION AND ACCEPTING THE TERMS\nWelcome to Discord! These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at https://discord.com/privacy\n(“Privacy Policy”), are a legal agreement between Discord Inc. and its related companies (the “Company,” “us,” “our,” or \"we\") and you (\"you\" or\n“your”). By using or accessing the Discord application (the “App”) or the website located at https://discord.com (the \"Site\"), which are\ncollectively referred to as the “Service,” you agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii) if\nyou are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are\nbetween 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has\nreviewed and agrees to these Terms.\nThe Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with\nchanges to the law or reflecting enhancements to Discord. If the changes affect your usage of Discord or your legal rights, we’ll notify you no less\nthan seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will\nconstitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.\nRIGHTS TO USE THE SERVICE\nThe Service provides a chat and social platform. The Service may allow you to participate in public and private chat rooms and to utilize\nmessaging features to communicate with other users of the Service. The Service may also allow you to access certain software and/or other\ncontent that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited,\nrevocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i)\nuse the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based\nupon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code,\nreverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these\nTerms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to\nyou by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the\npermissions and rights expressly granted in these Terms.\nThe Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.\nThe Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of\nthe Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or\nsuspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or\nsuspending your Account(s), but it may do so.\nLogin\n\nYOUR ACCOUNT\nYou are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your\naccount (“Account”) on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to\ncreate one by providing a username and in some cases a password. You may also be required to provide a valid email address or other\ninformation to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon\nregistration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your\nusername or prevent use of a username in our sole discretion, and without any liability to you. You understand and agree that other users of the\nService may have the same username as you, however, users will be differentiated by a number identifier that may or may not be visible to you or\nother users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating\nan Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available\nfor other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible\nfor all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the\nconfidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not\nbe liable for any loss or damage arising from unauthorized use of your credentials.\nCOMMUNICATIONS\nYou agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service.\nFor any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out — we don’t want to\nsend you messages you don’t want.\nBy using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and\nadministrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Discord\nprovides to you electronically satisfy any legal requirements that such communications be in writing.\nYou may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending\nunsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the\nService. If you believe spam originated from the Service, please email us immediately at [email protected].\nINTELLECTUAL PROPERTY RIGHTS\nAll rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video,\ninformation, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively\nreferred to as the \"Service Materials,” are, as between the Company and you, owned by the Company and/or its third party licensors. You\nacknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any\nVirtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish,\ndownload, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials\nwithout our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing\nany Service Materials posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are\nreserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.\nYOUR CONTENT\nAny data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your\nContent.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the\nright to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its\nexercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you\nupload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to\nus a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish,\n\ntranslate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The\nCompany does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept\nthat you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable\nfor any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. The Company\nreserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may\nnotify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing\[email protected].\nRULES OF CONDUCT AND USAGE\nThe Service provides communication channels such as forums, communities, or chat areas (\"Communication Channels\") designed to enable you\nto communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in\nconnection with providing the Service. The Company may also terminate or suspend your access to any Communication Channels at any time,\nwithout notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by\nusers) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any\nactivity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication\nChannels, or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these\nTerms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any\nadditional restrictions or rules (such as application-specific rules) set forth in the Service. As an example, you agree not to use the Service in\norder to:\nThese rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the\nTerms, Community Guidelines or improper use of the Service and to take action including termination of your Account and exclusion from further\nparticipation in the Service.\nFEEDBACK\nWe appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or\nsuggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the\nright to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain\nthe confidential or proprietary information of any third party or parties.\nBy sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the\nFeedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an\npost, upload, transmit or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;\n•\ndefame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;\n•\nengage in conduct that is fraudulent or illegal or otherwise harmful to Discord or any other user;\n•\nupload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files\nor data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users'\ncomputers;\n•\nviolate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or\notherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent,\ntrade secret, or other right of any party (including rights of privacy or publicity);\n•\nattempt to obtain passwords or other private information from other members;\n•\nimproperly use support channels or complaint buttons to make false reports to us;\n•\ndevelop, distribute, or publicly inform other members of \"auto\" software programs, \"macro\" software programs or other \"cheat utility\" software\nprogram or applications in violation of the applicable license agreements; or\n•\nexploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; violate any\napplicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of\ncounterfeit software, compromised accounts, or cheats or hacks for the Service.\n•\n\nirrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and\nsublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Discord and its users any claims and assertions of any moral\nrights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.\nAll rights in this section are granted without the need for additional compensation of any sort to you.\nTHIRD-PARTY CONTENT\nWe use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for\ntheir actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will\nleave the Service. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the\ncorresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor\ndo we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not\nwe are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a\nresult of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the\nService.\nUSER DISPUTES\nYou are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the\nService. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves\nthe right, but has no obligation, to manage disputes between you and other users of the Service.\nCOPYRIGHT\nCopyright Complaints. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your\nwork has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you\nshould notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and\ninvestigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other\napplicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should\nbe emailed to the Company’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us\nby mail at: Discord, Attention: DMCA Takedown Request, 444 De Haro Street #200, San Francisco, CA 94107. To be effective, the notification\nmust be in writing and contain the following information:\nIf you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services\nis infringing upon a copyright, you may be held liable for damages and attorneys’ fees.\nCounter-Notice. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the\nauthorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you\nmay send a written counter-notice containing the following information to the Copyright Agent:\nan electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;\n•\na description of the copyrighted work or other intellectual property that you claim has been infringed;\n•\na description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;\n•\nyour address, telephone number, and email address;\n•\na statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its\nagent, or the law;\n•\na statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or\nintellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.\n•\n\nIf a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party\ninforming that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an\naction seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to\n14 business days or more after receipt of the counter-notice, at our sole discretion.\nRepeat Infringer Policy. In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate\ncircumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion\nlimit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not\nthere is any repeat infringement.\nTERMINATION\nYou may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application . The\nCompany may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at\nany time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as\nthe result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency\nand Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.\nDISCLAIMER OF WARRANTY\nTHE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED \"AS IS\" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND,\nEITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE\nCOMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE\nSERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS,\nDISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.\nLIMITATION OF LIABILITY\nTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON\nFOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST\nDATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE\nSERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE\nCOMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE\nTHAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS\nIMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN\nTHESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME\nJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR\nCONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.\nIN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.\nyour physical or electronic signature;\n•\nidentification of the content that has been removed or to which access has been disabled and the location at which the content appeared\nbefore it was removed or disabled;\n•\na statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the\ncontent; and\n•\nyour name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within\nthe Northern District of California and a statement that you will accept service of process from the person who provided notification of the\nalleged infringement.\n•\n\nYou specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory,\noffensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.\nINDEMNIFICATION\nYou agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses,\nincluding reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of\nthese Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party\nagreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As\nused in this section, \"you\" shall include anyone accessing the Service using your password\nVIRTUAL CURRENCIES, VIRTUAL GOODS, AND TERMS OF SALE\nWe will not charge you a fee to use the basic functionality of the Service, but fees may be charged for certain products and services. For\nadditional terms regarding our Nitro subscription service, please see the “Nitro Subscriptions” section below.\nThe Service may include an opportunity to obtain virtual currency (\"Virtual Currency\") or virtual goods (\"Virtual Goods\") that may require you to\npay a fee using legal tender (that is, \"real money\") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and\nis not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or\nexchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the\nService and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at\nits sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party\nfor the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service\nVirtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no\nother right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.\nProduct Descriptions. We try to make the Service thorough, accurate, and helpful to our customers. Nonetheless, there may be times when\ncertain information contained on the Service may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware,\nsoftware, or other technology that you use. Discord reserves the right, with or without prior notice, to: change descriptions or references to\nproducts and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional\ncode or other similar promotions; and/or refuse to provide any visitor to, or use of the Service with any product or service.\nAvailability and Pricing. Though we try to honor all purchase requests, availability cannot always be guaranteed. When an item is not available\nand cannot be replenished — for example, if we offer a limited promotion — we will attempt to remove the item from the Service in a timely\nmanner but make no guarantees in this regard. We may occasionally make errors in the stated prices on the Service. If a product’s correct price is\nhigher than the listed price, we will either confirm that we’ll provide the item at the price listed or cancel your order and notify you of such\ncancellation.\nPayments. We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from\ntime-to-time through our Service, as forms of payment (“Payment Method”). We may also offer you the ability to make orders through a third\nparty app store or other payment service. You agree to comply with their terms and any other requirements they may have. By submitting an\norder, you authorize Discord, or its designated payment processor, to charge the account you specify for the purchase amount.\nWe may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when\nyou attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without\nlimitation, the following: (i) if you attempt to use the Service in breach of any applicable law or regulation, including the card network rules or\nregulations; (ii) if you use the Service in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment;\n(iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses;\nor (v) failure to cooperate in an investigation or provide additional information when requested.\nRefunds. You can find our refund policy here: https://support.discord.com/hc/en-us/articles/360012668071\n\nTaxes. Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your\npurchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.\nInternational Orders. You will be solely responsible for any license fees, customs duties, and other taxes and fees related to the export of the\nproducts from the United States.\nManufacturer EULAs and Other Terms. You may be required to accept an end user license agreement (EULA) or other terms provided by the\nmanufacturer prior to use of the product you ordered. A EULA or other terms may accompany the product you ordered.\nNITRO SUBSCRIPTIONS\nRecurring Billing. By purchasing a Nitro subscription, you authorize us to charge your Payment Method on a recurring (e.g., monthly or yearly)\nbasis for the applicable Nitro subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection\nwith your use of the Nitro subscription service. Your payment to Discord will automatically renew at the end of your applicable subscription\nperiod, unless you cancel your subscription before the end of the current subscription period.\nPrice Changes. Discord may change the price for Nitro subscriptions from time to time, and will communicate any price changes to you in\nadvance and, if applicable, how to accept those changes. Price changes for Nitro subscriptions will take effect at the start of the next subscription\nperiod following the date of the price change. As permitted by local law, you accept the new price by continuing to use Nitro after the price\nchange takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from Nitro prior to the\nprice change going into effect. We don’t want to charge you for something you don’t want, though, so if you cancel within 14 days of any price\nincreases, we’ll provide you a refund.\nCancellation. You may cancel your Nitro subscription at any time, and you will continue to have access to Nitro through the end of the current\nsubscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees\nalready paid to us. At our sole discretion, however, we may provide a refund, discount, or other consideration to some or all of our members\n(\"credits\"). The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to\nprovide credits in the future, under any circumstance. To cancel, go to the \"User Settings\" screen in the Discord desktop or mobile app and follow\nthe instructions for cancellation.\nDISPUTE RESOLUTION\nTHIS SECTION AND THE NEXT SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.\nPLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A\nLAWSUIT IN COURT.\nYou and Discord agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and\nenforcement of these arbitration provisions.\nMost disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice\nmust provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any\nsuch notice to Discord by email to [email protected] and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.\nThe parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another,\nand good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.\nNotwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or\nunauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not\napply to these types of disputes.\n\nBinding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration\nto be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in San Francisco, California.\nDiscord and you further agree to submit to the personal jurisdiction of any state or federal court in San Francisco, California to compel arbitration,\nstay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.\nThe arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated\n(referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set\nforth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.\nYou may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.\nTo the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Discord will pay the additional cost. Discord shall also bear the\ncost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an\nimproper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation,\nattorney’s fees and expert witness costs unless Discord is specifically required to pay such fees under applicable law. The decision of the\narbitrator will be in writing and binding and conclusive on Discord and you, and judgment to enforce the decision may be entered by any court of\ncompetent jurisdiction. Discord and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary\njudgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a\ncourt, including injunctive or other equitable relief and attorney’s fees. Discord and you understand that, absent this mandatory arbitration\nprovision, Discord and you would have the right to sue in court and have a jury trial. Discord and you further understand that, in some instances,\nthe costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.\nIf Discord’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the\nparty bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person\nhearing under the JAMS Rules, solely based on documents submitted to the arbitrator.\nYou or Discord may choose to pursue a claim in small claims court where jurisdiction and venue over you and Discord otherwise qualifies for\nsuch small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim\nin small claims court, you agree to still provide Discord with advance notice by email to [email protected] and by U.S. Mail to Discord Inc.,\n444 De Haro Street #200, San Francisco, CA 94107.\nOpt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision\nto opt out to Discord by email to [email protected]. The notice must be sent within 90 days of this Terms of Service taking effect,\nor your account creation on the Service. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the\nterms of these paragraphs. If you opt out of the provisions requiring arbitration, Discord will not be bound by them either. If any clause within this\nArbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its\nprovisions will be given full force and effect.\nSurvival. This Arbitration section shall survive any termination of your account or the Service.\nCLASS WAIVER\nTHIS SECTION AND THE PREVIOUS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.\nPLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.\nDiscord and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or\nrepresentative proceeding.\nThe arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or\nrepresentative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact\nthe person or entity that brought the claim, not other Discord customers, and cannot be used to decide other disputes with other customers.\n\nIf any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for\nany reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be\nsubject to arbitration and must be litigated in federal court located in San Francisco, California.\nThis Class Action Waiver section shall survive any termination of your account or the Services.\nINTERNATIONAL USE; EXPORT CONTROLS\nSoftware available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No\nsoftware may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the\nsoftware is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of\nthe Service, including as it concerns online conduct and acceptable content.\nIOS APPLICATIONS\nThe following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple\niOS-powered mobile device (an “iOS App”):\nGENERAL\nGoverning Law. By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to\nprinciples of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you\nand the Company.\nAny claim or dispute between you and the Company that arises out of or is related to the Service and is not subject to arbitration shall be decided\nexclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defenses of\nlack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco\nCounty, California.\nInjunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a\nunique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are\nYou acknowledge that these Terms are between you and Discord only, and not with Apple, Inc. (“Apple”).\n•\nYour use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.\n•\nThe Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that\nApple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by\napplicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.\n•\nYou agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or\nyour possession and/or use of our iOS App.\n•\nYou agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense,\nsettlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our\niOS App.\n•\nYou represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated\nby the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted\nparties.\n•\nYou agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your\nwireless data service terms of agreement when using the iOS App).\n•\nThe parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the\nCompany’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to\nenforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.\n•\n\ninadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or\nsurety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.\nEntire Agreement. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any\nother subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may\nbe subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party\nsoftware.\nWaiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or\nprovision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent\nbreach or default.\nSeverability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the\ncourt should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in\nfull force and effect.\nCourse of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.\nAssignment. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company.\nSubject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors\nand assigns.\nDocumentation of Compliance. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases\nnecessary to verify your compliance with these Terms.\nInterpretation. You agree that these Terms will not be construed against the Company by virtue of having drafted them.\nDefenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these\nTerms and the lack of signing by the parties hereto to execute these Terms.\nSurvival. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.\nContact. If you have any questions about these Terms, please contact [email protected].\nDiscord is made possible through the work of other open source software.\nIMAGINE A PLACE\nProduct\nDownload\nNitro\nStatus\nCompany\nAbout\nJobs\nBranding\nNewsroom\nEnglish, USA\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"GG","url":"https://www.ggapp.com/info/term-of-use-of-gg-platform/","lang":"ENG","sector":"Communication","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Optionally paid","date":"20.05.2019"},"document":{"title":"","text":"Term of Use of GG Platform\nEffective as of 20/05/19\nSection I: General.\nSection II: Types and scope of the Service covered by the Term of Use.\nSection III: Terms and conditions of the Service.\nSection IV: The terms for entering into an agreement and terminating it, and commencement of the\nService.\nSection V: Liability.\nSection VI: Intellectual property.\nSection VII: Complaint procedure.\nSection VIII: Final provisions.\nSection I. General.\n1. The following provisions constitute the Terms of Use (hereinafter: the “Terms”) referred to in \nart. 8 of the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 no. \n144, item 1204, as amended; hereinafter: the “Act”). \n2. The Terms specify the rules of providing electronic services by Fintecom Sp. z o.o. with its \nregistered office in Koszalin, at the address: ul. Marszałka Piłsudskiego 45 75-502 Koszalin, \nentered into the Register of Entrepreneurs of the National Court Register kept by the District \nCourt in Koszalin, IX Commercial Division, under the number 0000362067 (hereinafter: \n“Fintecom”) on Internet communication platform available through Fintecom \nteleinformation system (hereinafter: the “Platform”). \n3. Fintecom teleinformation system consists in a set of interacting IT devices and software that \nallows to process, handle, send and receive the data through telecommunication networks, \nusing a terminal equipment suitable for a given type of network. \n4. The provision of electronic services by Fintecom consists in providing you with certain \nfunctionalities of the Platform (in some cases together with the software necessary to use \nthem) that have certain characteristics (hereinafter: the “Functionalities”) by sending and \nreceiving data through teleinformation systems, at your request, without the simultaneous \n\nphysical presence of the parties, whereby the data is transmitted through public networks \n(hereinafter: the “Service”). \n5. The Service is provided to: \n1. natural persons having full or partial legal capacity who are over 16 years old; \n2. other entities having full or partial legal capacity under other regulations, who \naccepted the Terms and entered into the agreement on provision of the Service \n(hereinafter: “You”/”User”). \n6. Fintecom, at the address: https://www.ggapp.com/info/threats/ provides the information \nreferred to in art. 6 of the Act. \n7. The Service is provided free of charge. Certain Functionalities of the Service may be paid. \n8. The provision of the Service free of charge commences after you start to use the available \nFunctionalities of the Platform. \n9. Making paid Functionalities available to you occurs at your request, after accepting the \nTerms of the paid provision of the Service. \nSection II: Types and scope of the Service covered by the Term \nof Use.\n1. Fintecom provides several Functionalities on the Platform. \n2. The Functionalities are in particular: \n1. sending text messages, \n2. sending graphical messages, \n3. sending graphical text messages, \n4. sending compressed multimedia messages, \n5. archiving the messages sent; \n6. making available the space in the resources of the Fintecom teleinformation system \n(hosting) to store the data (files) and to synchronize them between the \nteleinformation system and users’ devices, \n7. sharing the data (files) entered into the system with other Users, \n8. providing the possibility to use the applications extending the Functionalities, made \navailable by Fintecom and third parties. \n3. On the Platform, Fintecom provides information, instructions and explanations regarding the\nService or Functionalities, either in a distinguished form (among others graphic fields, pop-\nups etc.) or by referring to instruction manuals, when you perform certain actions using the \ntools or the software made available by Fintecom as part of the Service. \n4. Fintecom updates the data referred to in Article 3 if the scope of the Service or \nFunctionalities changes. \n\n5. Fintecom, at the address: https://www.ggapp.com/info/technical-parameters-of-the-service/\nprovides the information about the changes of the parameters related to the Functionalities. \n6. The Platform also allows access to applications made available by third parties. In such a \ncase the application is not a part of the Platform and using it does not constitute the usage of\nthe Service, of which you will be notified before starting to use a given application, and the \ndata required to use such application teleinformation system is transferred from Fintecom at \nyour request and at your own risk. Finishing the installation of the application made \navailable by a third party on the Platform is equivalent to you requesting Fintecom to \ntransmit certain data, including your personal data (with your consent) from Fintecom \nteleinformation system. Uninstalling a given application made available by third parties \nmeans that you withdraw your consent to transmit the data. \nSection III: Terms and conditions of the Service.\n1. Provision of the Service requires you to have at your disposal a teleinformation system that \nmeets the following minimal technical requirements: \n1. Internet connection, \n2. terminal equipment, \n3. in some cases using a software allowing to read the files in various formats (among \nothers images, sounds, multimedia, text, videos etc.). \n2. Fintecom data entry and retention policy is available here: \nhttps://www.ggapp.com/info/privacy-policy/, and technical requirements are available at \nthe address: https://www.ggapp.com/info/technical-conditions/. \n3. If Fintecom makes the available software to use a given Functionality, you have a right to use \nit within a scope of such Functionality only with Fintecom software or the software of third \nparties made available by Fintecom and with its consent. If in such a case you use the Service\nor its Functionalities with the software from entities other than Fintecom or the software of \nthird parties made available without a consent from Fintecom, you are in breach of the \nTerms. At the address: https://www.ggapp.com/info/list-of-authorised-software/ Fintecom \nprovides the information about the software that is intended for the use of a given \nFunctionality and made available by Fintecom. \n4. Fintecom shares the data chosen and entered by you in the teleinformation system with \nother Users in order to provide services to them. \n5. You may stop using the Service at any moment. \n6. You are obliged to: \n1. comply with the law, Terms of Use, good manners and generally applicable rules of \nusing the Internet; \n\n2. use the Service in a manner that does not violate the rights of Fintecom or third \nparties; \n3. refrain from mass registration of GG accounts for the purposes that are not \ncompatible with the purpose of the Service. \n7. You are obliged to refrain from any unlawful activities while using the Service, in particular: \n1. using the Service directly or indirectly for the purpose contrary to the law, the Terms \nof Use, good manners or generally applicable rules of using the Internet; \n2. using the Service in a manner that violates the rights of Fintecom or third parties; \n3. using the Service with the software different than the software of Fintecom or the one \nbelonging to third parties and made available by Fintecom; \n4. transmission by or to the Fintecom teleinformation system the data which: \n1. cause the disruption or overloading of the Fintecom teleinformation system or \nthe system of third parties directly or indirectly taking part in the provision of \nthe Service; \n2. provide an unsolicited commercial communication addressed to a designated \nrecipient within the meaning of the Act (Spam); \n3. in other way violate the law, the Terms, rights of Fintecom or third parties, \ngood manners, generally applicable rules of using the Internet. \n8. Fintecom uses technical systems in order to prevent misuse of the Services. \n9. Fintecom may permanently or temporarily cease to provide the Service or Functionality to \nyou if: \n1. you violate the law, the Terms, rights of Fintecom or third parties, good manners, \ngenerally applicable rules of using the Internet or there is a reasonable suspicion that \nyou did so (temporarily, until clarification is obtained); \n2. you refuse to consent to the change of the Terms of Use in time specified in Article 2 \n(1) in the Section VIII of the Terms of Use. \n10.Permanent or temporary cessation of the Service provision may occur, inter Alia, as a result \nof the following breaches: \n1. sharing or sending the content that is pornographic, racist, outrages religious \nfeelings, incites hatred or violence, and the content that is indecent, offensive or \nviolates the law or good manners; \n2. use of threats, harassment, stalking or other activities violating the rights of third \nparties (violations reported by other Users), \n3. misuse of image, identity theft or impersonation; \n4. fraud, information theft, software piracy or copyright infringement; \n5. fishing the data, unauthorized data capture, damage of data integrity; \n\n6. other activities that violate the Terms, good manners, generally applicable rules of \nusing the Internet, generally applicable law, rights of Fintecom or third parties. \n11.Permanent cessation of the Service provision means an immediate termination of the \nagreement and is irreversible. Permanent cessation of the Service provision may also cause \ndeletion of all the data that you entered into the Fintecom teleinformation system, unless: \n1. the law provides otherwise; or \n2. deletion of all your data from the Fintecom teleinformation system is impossible due \nto the character of the Service or Functionality. \n12.Temporary cessation of the Service provision results in the limitation of your use of: \n1. the Service; or \n2. its Functionalities. \nTemporary cessation of the Service provision may be revoked after you provide appropriate \nexplanations on the matter of violations.\n13.Fintecom may process the data of the User to whom it ceased to provide the Service for the \npurpose and in the scope necessary to clarify the circumstances of a prohibited use of the \nService. \n14.Under art. 14 (2-3) of the Act, Fintecom has a right to prevent (block) access to the data \nentered by you to the teleinformation system of Fintecom in the case of: \n1. receiving an official notice of unlawfulness of the data stored or the activities related \nto it, \n2. receiving a credible information or in any way becoming aware of the unlawful \ncharacter of the data stored or the activities related to it. \n15.In the situation referred to in Article 14 Fintecom immediately notifies you of its intention to \nprevent (block) the access to the data. The notification shall be sent to your GG Number. \n16.Fintecom reserves the right to block the registration of GG account if the attempts are made \nfor a mass registration of accounts for the purposes violating the Terms or not compatible \nwith the purpose of the Service. \nSection IV: The terms for entering into an agreement and \nterminating it, and commencement of the Service.\n1. The provision of the Service requires a registration of the GG account. \n2. During the registration we require you to provide certain data, including your personal data \n(with your consent). \n3. Upon registration you confirm that you are more than 16 years old and that you take \nresponsibility for the correctness of the data provided. If you provide false personal data, \nsome of the Functionalities may be unavailable until the data is corrected. \n\n4. After the registration process, the User is assigned a unique identifier (GG number) which \nenables the use of Services. The User is not entitled to dispose of the GG Number in a manner\nother than as specified in the Regulations. \n5. If the User terminates the Service Agreement (account deletion) or in the event of \ntermination of the contract for the provision of the Service by Fintecom due to the use of the \nService by the User in a manner inconsistent with the Regulations: \n1. The User loses the right to use the GG Number, \n2. Fintecom has the right to assign the GG Number to another User, \n3. For GG numbers purchased in the official GG Store ( https://shop.gg.pl/ ), Fintecom \nhas the right to assign the GG Number to another User after a period of at least 24 \nmonths since the last login to the GG Service. \n6. The agreement on the provision of the Service is concluded at the moment of accepting the \nTerms and commencement of the Service provision. \n7. You access the Service with a login and password. \n8. The agreement on the provision of the Service is terminated: \n1. at your request, or \n2. by Fintecom, in the situations indicated in the Article 8 in the Section III of the Terms, \nsubject to the provisions of Articles 9–14. \n9. The Service Agreement may be terminated by Fintecom if not used (understood as not \nlogging in to the Service) continuously for the period of: \n1. At least 12 months \n2. At least 24 months – for GG numbers purchased from the official GG Store \n10.Termination of the agreement on the provision of the Service may cause the deletion of all \nyour data from the Fintecom teleinformation system, unless: \n1. the law provides otherwise; or \n2. deletion of all your data from the Fintecom teleinformation system is impossible due \nto the character of the Service or Functionality. \n11.If you made more than one registration the result of terminating the agreement on the \nprovision of the Service will affect only the Service with a relevant GG Number. \n12.The Personal Data Controller is Fintecom. \n13.The rules of processing the personal data with regard to using the Service are provided in the\nPrivacy Policy. \nSection V: Liability.\n1. You are responsible for all the actions taken after logging into the Service. \n2. You use: \n1. the Service, in accordance with the Terms \n\n2. services provided by third parties, at your own risk. Using the services made available \nin the GG messenger by third parties does not does exclude or limit the liability of \nFintecom related to the provision of the Service, to the extent that it cannot be \nexcluded or limited by law. \n3. Fintecom is liable to the Users for failure to perform or an improper performance of the \nService to the extent pursuant to the Terms, unless failure to perform or an improper \nperformance of the Service is a consequence of circumstances for which Fintecom is not \nresponsible under the law. \n4. Pursuant to art. 14 of the Act, Fintecom is not responsible for the data entered by the Users \nand stored in the Fintecom teleinformation system. \n5. According to Article 13 of the Act, Fintecom is not responsible for the data transmitted, as it \nprovides automatic and indirect storage of the data in order to ensure fast access to them at \nthe request of other entity (another User). \n6. Fintecom is not responsible for the consequences of failure to perform or an improper \nperformance of the commitments made to you by other Users. \n7. Fintecom is not responsible for any consequences of using the applications which are \naccessible on the Platform but made available by third parties, of which you will be notified \nbefore using the application. \n8. Fintecom is not responsible for: \n1. deletion of the data entered by the Users to the Fintecom teleinformation system \nfrom the systems not controlled by Fintecom, \n2. consequences of using the Service or its Functionalities with software different than \nthe software of Fintecom or the one belonging to third parties and made available by \nFintecom, indicated at the address: https://www.ggapp.com/info/list-of-authorised-\nsoftware/ (the list of the authorized software). \n3. consequences of sharing a login and password with third parties. \n9. The Terms shall be applied taking into account the rights of Users resulting from consumer \nlaws. \nSection VI. Intellectual property.\n1. Fintecom has intellectual property rights to the works, within the meaning of the Act on \nCopyright and Related Rights Act of 4 February 1994 (Journal of Laws no. 24, item 83, as \namended), markings and trademarks shared on the Platform, to the extent necessary to \nprovide the Service. \n2. Works, markings and trademarks shared in the Service and for the purpose of providing it are\nprotected by the law. \n\n3. You have a right to use the works within the framework of permitted private use provided for \nby legal regulations. \n4. Any use beyond the permitted private use requires obtaining prior consent of the authorized \nentity. \n5. The terms of use of the software made available by Fintecom are specified in relevant license \nagreements. \n6. License agreement for the use of the software made available by Fintecom for the purpose of \nproviding the Service constitutes a part of the Terms, as an appendix. \nSection VII. Complaint procedure.\n1. Complaints regarding the provision of the Service may be made for: \n1. failure to perform the Service, or \n2. undue performance of the Service. \n2. The complaint may be filed in: \n1. written form, by mail, at the address: ul. Marszałka Piłsudskiego 45 75-502 Koszalin, \n2. electronic form, at the e-mail address: [email protected]. \n3. The complaint should include: \n1. name and surname of the complainant, \n2. e-mail address provided during the registration, \n3. identifier of the User on the Platform (GG Number), \n4. subject of the complaint and the circumstances justifying it. \n4. Complaints are handled in the order of their receipt, but not later than in 14 (fourteen) days. \nIn justified cases, if the handling of the complaint requires more time, Fintecom may extend \nthis period for additional 14 (fourteen) days, of which the complainant will be notified. \n5. If the complaint is incomplete so that it is impossible to handle it, Fintecom shall \nimmediately request the complainant to supplement it and instruct them that the failure to \ncomplete it will prevent its handling. \n6. The complainant is notified about the manner of handling the complaint in the form in which\nthe complaint was made. \nSection VIII. Final provisions\n1. A current version of the Terms is made available in a manner allowing its storage and \nreproduction in the ordinary course of action. \n2. Each change of the Terms will be effective: \n1. in 15 (fifteen) days from the date of notification or at any other time indicated by \nFintecom but not shorter than 15 (fifteen) days; if you do not agree to the change, you \n\nare obliged to make a statement to Fintecom, including by Fintecom teleinformation \nsystem, before the change enters into force and from such date you are obliged to \nstop using the Service; \n2. immediately upon notification of the change or in any other time indicated by \nFintecom, if the changes concern provisions of the Terms that do not have an \ninfluence on the situation the Users. \n3. For assessing rights and obligations under the Terms, Polish law shall be applicable, in \nparticular the provisions of the Polish Civil Code and the Act on Consumer Rights of 30 May \n2014 (Journal of Laws 2014, item 827). \n4. Amicable settlement of disputes: European Commission operates an on line dispute \nsettlement platform. It is available here: \nhttps://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL. \n5. Using other alternative settlement mechanisms requires the consent of Fintecom. \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Line","url":"http://terms.line.me/line_terms?lang=en","lang":"ENG","sector":"Communication","hq":"Japan","hq_category":"Other","is_public":"Indirectly public (previously public, delisted)","is_paid":"Optionally paid","date":"31.03.2020"},"document":{"title":"","text":"ENGLISH\nLINE Terms and Conditions of Use\nThese LINE Terms and Conditions of Use (these “Terms and Conditions“) set forth the terms and conditions for the use of any and all\nproducts and services (collectively, the “Services”) provided by LINE Corporation (“LINE“) to users of the Services (the “User“ or “Users“,\ndepending upon the context).\n1.Definitions\nThe following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.\n1.1.“Contents” means information such as text, sounds, music, images, videos, software, programs, computer code, and other\ninformation. \n1.2.“Subject Contents” means Contents that may be accessed through the Services. \n1.3.“Submitted Contents” means Contents that Users have submitted, transmitted or uploaded on or to the Services. \n1.4.“Coins” refers to the prepaid payment instrument or the like which Users may exchange for Contents and services offered by LINE\nwhich are provided for a fee within the Services. \n1.5.“Separate Terms and Conditions” means terms and conditions separate from these Terms and Conditions that pertain to the Services\nreleased or uploaded by LINE under names such as “terms,” “guidelines,” “policies,” or the like.\n2.Agreement to these Terms and Conditions\n2.1.All Users shall use the Services in accordance with these Terms and Conditions. Users may not use the Services unless they agree\nto these Terms and Conditions. \n2.2.Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if\nUsers will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also\nagree to these Terms and Conditions prior to using the Services. \n2.3.If there are Separate Terms and Conditions applicable to the Services, Users shall also comply with such Separate Terms and\nConditions as well as these Terms and Conditions in using the Services.\n3.Modification to these Terms and Conditions\nLINE may modify these Terms and Conditions when LINE deems it to be necessary, within the scope of the purposes of the Services. In\nsuch case, LINE will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the\nmodification, on the Services or on LINE’s website, or will publicize the same to Users by notifying Users in the manner prescribed by\nLINE.\nThe modified version of these Terms and Conditions shall become effective as of the effective date thereof.\n4.Account\n4.1.When using the Services, Users may need to set up an account by registering certain information. Users must register true, accurate\nand complete information, and must revise the same to keep such information up-to-date at all times.\n4.2.If Users register any authentication information when using the Services, they must exercise due care in handling such information at\ntheir own responsibility to ensure that such information is not used in an unlawful manner. LINE may treat any and all activities conducted\nunder the authentication information as activities that have been conducted by the User with whom the authentication information is\nregistered.\n4.3.Any User who has registered for the Services may delete such User’s account and cancel the Services at any time.\n4.4.LINE reserves the right to delete any account that has been inactive for a period of one (1) year or more since its last activation,\nwithout any prior notice to the applicable User.\n4.5.Any and all rights of a User to use the Service shall cease to exist when such User’s account has been deleted for any reason.\nPlease take note that an account cannot be retrieved even if a User has accidentally deleted their account.\n4.6.Each account in the Services is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease or\notherwise dispose their rights to use the Service to any third party, nor may the same be inherited or succeeded to by any third party.\n5.Privacy\n\n5.1.LINE places top priority on the privacy of its Users.\n5.2.LINE will appropriately handle privacy information and personal information of Users in accordance with the LINE Privacy Policy.\n5.3.LINE promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all\ninformation collected from Users.\n6.Provision of the Service\n6.1.Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication\nmethods and electricity, etc. necessary for using the Services at their own responsibility and expense.\n6.2.LINE reserves the right to limit access to all or part of the Services by Users depending upon conditions that LINE considers\nnecessary, such as the age and identification of User, current registration status, and the like.\n6.3.LINE reserves the right to modify, at LINE's discretion, all or part of the Services as LINE determines necessary anytime without any\nprior notice to Users.\n6.4.LINE may cease providing all or part of the Services without any prior notice to Users in case of the occurrence of any of the\nfollowing:\n(1)When conducting maintenance or repair of systems;\n(2)When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor\ndispute;\n(3)When there is system failure or heavy load on the system;\n(4)When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or\n(5)When LINE reasonably determines it to be necessary, other than those set forth in items (1) through (4).\n7.No Emergency Call Functions\nThe Services cannot be depended upon for emergency calls, such as those made to law enforcement agencies, maritime safety\nauthorities, fire brigade or other emergency services.\n8.Advertisements\nLINE reserves the right to post advertisements for LINE or a third party on the Services.\n9.Third-Party Services\nThe Services may contain services or Contents provided by third parties other than LINE. Such third parties shall bear any and all\nresponsibility regarding such services and/or Contents. Furthermore, there may be terms or use or other terms and conditions provided\nby such third party which are applicable to such services and Contents.\n10.Contents\n10.1.LINE grants Users a non-transferable, non-sublicensable, non-exclusive license to use the Subject Contents provided by LINE,\nsolely for the purpose of using the Services.\n10.2.Users shall abide by the conditions applicable thereto when using the Subject Contents which are subject to conditions of use, such\nas additional fees and periods of use and the like. Even if terms such as “Purchase”, “Sales,” and the like appear on the screens for the\nServices, LINE shall remain the owner of all intellectual property rights as well as all other rights in the Subject Contents offered to Users\nby LINE, and such rights shall not be transferred to Users. Users will only be granted usage rights as set forth above.\n10.3.Users shall not use the Subject Contents beyond the scope of the intended use of the Subject Contents in the Services (including,\nwithout limitation, acts of copying, transmitting, reproducing, and modifying).\n10.4.If Users wish to back-up all or part of the Submitted Contents, they will need to do so themselves. LINE will not undertake the\nobligation of backing up any of the Submitted Contents.\n10.5.The Services may include functions where multiple Users may edit Contents (post, correct, and delete, etc.). In such case, a User\nwho posted his/her Submitted Contents shall grant other Users the right to edit such Submitted Contents.\n10.6.Users shall retain their rights to their Submitted Contents, and LINE shall not acquire any such rights; provided, however, that,\namong the Submitted Contents, for those made available to other Users generally (i.e., not just to the User's “friends”), the User who\nposted such Submitted Contents shall be deemed to have granted LINE a worldwide, perpetual, royalty-free license (including the right to\namend (such as abbreviating) such Contents to the extent LINE deems necessary and appropriate, and the right to sublicense such\nusage rights to other third parties working together with LINE), to use such Contents for services and/or promotional purposes.\n10.7.Users shall not exercise their rights such as author’s moral rights with respect to the Submitted Contents in relation to the use by\nLINE or a third party under Articles 10.5 and 10.6 above.\n\n10.8.LINE may check and confirm the contents of the Submitted Contents by Users to the extent permissible under laws and regulations,\nwhen it is necessary for LINE to confirm compliance with related laws and regulations or the provisions set out in these Terms and\nConditions, etc.; provided, however, that LINE is not obligated to conduct such confirmation.\n10.9.If LINE believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms and\nConditions in relation to the Submitted Contents, or when otherwise reasonably necessary for LINE’s business, then LINE reserves the\nright to preclude such User's use of the Services in certain manners, such as deleting the Submitted Contents without providing prior\nnotice to the User.\n11.Coins\n11.1.Coins will be provided to Users by the means specified by LINE, such as purchases in the Services, special offers and the like. The\npurchase unit, method of payment, and any other terms and conditions for granting the Coins will be determined by LINE and indicated in\nthe Services or on LINE’s website.\n11.2.Coins may not be exchanged or used for cash, property or other economic gain other than the services and Contents designated by\nLINE. The number of Coins required for receiving the services or Contents, as well as other terms for the exchange of Coins, will be\ndetermined by LINE and indicated in the Services or on LINE’s website.\n11.3.Coins may only be used by the account that obtained the same. Furthermore, Coins provided by terminal devices of different\noperating systems may not be carried over or combined, even if they are under the same name, since the types of Coins are different.\n11.4.Coins will not be refunded for any reason whatsoever; provided, however, that this shall not apply if necessary under applicable laws\nand regulations. In such case, LINE shall determine the process for refunds in accordance with the relevant laws and regulations, and\nsuch information will be made available on LINE's website, etc.\n12.Provision of Subscription Services\n12.1.Users may receive services in exchange for payment of a fee or under the terms and conditions prescribed by LINE, wherein the\nUsers pay a certain amount of considerations to use certain Subject Contents designated by LINE for a certain period of time (the\n“Subscription Services”). Users shall abide by these Terms and Conditions, the fees for the Subscription Services, the payment method\nthereof, as well as other terms and conditions of use posted on the Services or on LINE’s website.\n12.2.Users may take procedures for the cancellation of Subscription Services at any time; provided, however, that even if a User takes\nthe procedures for cancellation prior to the intended period of use, the User may not change such period of use, nor may the User cancel\nthe purchase of the Subscription Services. In such case, the fees already paid will not be refunded, nor will there be any refund on a pro\nrata basis. However, the foregoing will not apply if laws or regulations require otherwise.\n12.3.If a User does not complete their cancellation procedure by the designated date and time, the period of use of the Subscription\nServices may be automatically renewed in accordance with the terms prescribed by LINE even after the end of the period of use of such\nSubscription Services.\n13.Restricted Matters\nLINE prohibits Users from engaging in any of the following acts when using the Services:\n13.1.Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;\n13.2.Acts that may be in violation of public order, morals or customs;\n13.3.Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other\nrights granted by law or by a contract with LINE and/or a third party;\n13.4.Acts of posting or transmitting excessively violent or explicit sexual expressions; expressions that amount to child pornography or\nchild abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions\nthat induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the\ndiscomfort of others;\n13.5.Acts that lead to the misrepresentation of LINE and/or a third party or that intentionally spread false information;\n13.6.Acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by LINE),\nindiscriminately adding other Users as friends or to group chats, or any other acts deemed by LINE to constitute spamming;\n13.7.Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the\nmethod prescribed by LINE;\n13.8.Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by\nLINE); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging\nin sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other\nUsers; or otherwise using the Services for purposes other than as intended by the Services;\n13.9.Acts that benefit or involve collaboration with anti-social groups;\n13.10.Acts that are related to religious activities or invitations to certain religious groups; \n13.11.Acts of unauthorized or improper collection, disclosure, or provision of any other person's personal information, registered\ninformation, user history, or the like;\n\n13.12.Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of\nbots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue\nclaims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering LINE's\noperation of the Services or other Users’ use of the Services;\n13.13.Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for\nunreasonable purposes or in an unfair manner;\n13.14.Acts that aid or encourage any acts stated in Clauses 13.1 to 13.13 above; and\n13.15.Acts other than those set forth in Clauses 13.1 to 13.14 that LINE reasonably deems to be inappropriate.\n14.User Responsibility\n14.1.Users shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out under and the results\nfrom the use of the Services.\n14.2.LINE may suspend the use of all or part of the Services, suspend or delete accounts, cancel any agreement between a User and\nLINE with respect to the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the\nsame) or take any other measure LINE reasonably determines to be necessary and appropriate without prior notice to such User in the\ncase that such User falls under or there is a possibility that such User falls under any of the following items:\n(1)A User is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;\n(2)A User is a member of an anti-social group or a related party thereof;\n(3)A User tarnishes LINE’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;\n(4)A User is subject to a petition for attachment, provisional attachment, or auction, ; procedures such as bankruptcy, civil rehabilitation,\nor similar procedures are commenced; or LINE otherwise reasonably determines that there is uncertainty with respect to User’s\ncredibility; or\n(5)The relationship of trust with a User is lost or LINE otherwise reasonably determines that it would not be appropriate for LINE to\nprovide the Services to User, due to reasons other than as set forth in items (1) to (4) above.\n14.3.In the case where LINE suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a User’s\nuse of the Services (including, without limitation, cases where LINE receives a complaint from a third party due to such use), the User\nshall immediately compensate LINE for such loss/damage in accordance with LINE’s request.\n15.NO WARRANTY\nLINE SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING\nTHE SUBJECT CONTENTS), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO\nSECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY,\nCOMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. LINE WILL IN NO WAY BE RESPONSIBLE\nFOR PROVIDING USERS WITH THE SERVICES AFTER DELETING SUCH DEFECTS. \n16.LINE's LIMITATION OF LIABILITY\n16.1.LINE WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS FROM THE USE OF THE SERVICES, UNLESS SUCH\nDAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF LINE; PROVIDED, HOWEVER, THAT, IN\nTHE CASE THAT THE AGREEMENT BETWEEN THE USER AND LINE WITH RESPECT TO THE USE OF THE SERVICES FALLS\nUNDER A CONSUMER CONTRACT AS DEFINED UNDER THE CONSUMER CONTRACT ACT OF JAPAN (“CONSUMER\nCONTRACT”), LINE WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE\nPART OF LINE (EXCLUDING GROSS NEGLIGENCE) ARISING FROM CONTRACT OR TORT ONLY WITHIN THE RANGE OF (A)\nTHE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER\nSPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICES RECEIVED FROM SUCH USER FOR\nFEE-BASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM.\n16.2.IF A USER INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF LINE, LINE WILL BE RESPONSIBLE\nTO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS\nNORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL\nCIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICES RECEIVED FROM SUCH USER FOR FEE-\nBASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM; PROVIDED, HOWEVER,\nTHAT THE FOREGOING SHALL NOT APPLY IF THE AGREEMENT BETWEEN SUCH USER AND LINE FALLS UNDER THE\nDEFINITION OF A CONSUMER CONTRACT.\n17.Relationship between these Terms and Conditions and Laws and Regulations\nIf the terms of these Terms and Conditions violate any laws and regulations applicable to an agreement between Users and LINE with\nrespect to the Services (including, without limitation, the Consumer Contract Act of Japan), such terms, to the extent of such violation,\n\nshall not apply to the agreement with the Users; provided, however, that the remaining terms of these Terms and Conditions shall not be\naffected.\n18.Notification and Contact\n18.1.For notifications from LINE to Users regarding the Services, LINE will use a method that LINE considers appropriate, such as\nposting in an appropriate place within the Services or on LINE’s website.\n18.2.For notifications from Users to LINE regarding the Services, Users shall use the customer inquiry form available on the Services or\non LINE’s website, or through other means designated by LINE.\n19.Governing Law and Jurisdiction\nWhere LINE has provided Users with a translation of the Japanese language version of these Terms and Conditions (the “Japanese\nVersion”), the Japanese Version will govern the relationship between Users and LINE. In the event of any conflict between the Japanese\nVersion and a translation thereof, the provisions in the Japanese Version shall take precedence over any other translation. These Terms\nand Conditions will be governed by the laws of Japan. Any conflicts between Users and LINE that arise from or in connection with the\nService shall be resolved under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.\nEnd\nDate of last update: March 31, 2020\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Signal","url":"https://signal.org/legal/","lang":"ENG","sector":"Communication","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Free","date":"25.05.2018"},"document":{"title":"","text":"Signal Terms & Privacy Policy\nSignal is designed to never collect or store any sensitive information.\nSignal messages and calls cannot be accessed by us or other third\nparties because they are always end-to-end encrypted, private, and\nsecure. Our Terms of Service and Privacy Policy are available below.\nTerms of Service\nPrivacy Policy\nTerms of Service\nSignal Messenger LLC. (“Signal”) utilizes state-of-the-art security and\nend-to-end encryption to provide private messaging, Internet calling, and\nother services to users worldwide. You agree to our Terms of Service\n(“Terms”) by installing or using our apps, services, or website (together,\n“Services”).\nAbout our services\nMinimum Age. You must be at least 13 years old to use our Services.\nThe minimum age to use our Services without parental approval may be\nhigher in your home country.\nAccount Registration. To create an account you must register for our\nServices using your phone number. You agree to receive text messages\nand phone calls (from us or our third-party providers) with verification\ncodes to register for our Services.\nPrivacy of user data. Signal does not sell, rent or monetize your personal\ndata or content in any way – ever.\nPlease read our Privacy Policy to understand how we safeguard the\ninformation you provide when using our Services. For the purpose of\noperating our Services, you agree to our data practices as described in\nour Privacy Policy, as well as the transfer of your encrypted information\nand metadata to the United States and other countries where we have or\nuse facilities, service providers or partners. Examples would be Third\nParty Providers sending you a verification code and processing your\nsupport tickets.\n\nSoftware. In order to enable new features and enhanced functionality,\nyou consent to downloading and installing updates to our Services.\nFees and Taxes. You are responsible for data and mobile carrier fees and\ntaxes associated with the devices on which you use our Services.\nUsing Signal\nOur Terms and Policies. You must use our Services according to our\nTerms and posted policies. If we disable your account for a violation of\nour Terms, you will not create another account without our permission.\nLegal and Acceptable Use. You agree to use our Services only for legal,\nauthorized, and acceptable purposes. You will not use (or assist others in\nusing) our Services in ways that: (a) violate or infringe the rights of\nSignal, our users, or others, including privacy, publicity, intellectual\nproperty, or other proprietary rights; (b) involve sending illegal or\nimpermissible communications such as bulk messaging, auto-messaging,\nand auto-dialing.\nHarm to Signal. You must not (or assist others to) access, use, modify,\ndistribute, transfer, or exploit our Services in unauthorized manners, or in\nways that harm Signal, our Services, or systems. For example you must\nnot (a) gain or try to gain unauthorized access to our Services or\nsystems; (b) disrupt the integrity or performance of our Services; (c)\ncreate accounts for our Services through unauthorized or automated\nmeans; (d) collect information about our users in any unauthorized\nmanner; or (e) sell, rent, or charge for our Services.\nKeeping Your Account Secure. Signal embraces privacy by design and\ndoes not have the ability to access your messages. You are responsible\nfor keeping your device and your Signal account safe and secure. If you\nlose your phone, follow the steps on our Support site to re-register for\nour Services. When you register with a new device, your old device will\nstop receiving all messages and calls.\nNo Access to Emergency Services. Our Services do not provide access\nto emergency service providers like the police, fire department, hospitals,\nor other public safety organizations. Make sure you can contact\nemergency service providers through a mobile, fixed-line telephone, or\nother service.\nThird-party services. Our Services may allow you to access, use, or\ninteract with third-party websites, apps, content, and other products and\nservices. When you use third-party services, their terms and privacy\npolicies govern your use of those services.\nYour Rights and License with Signal\n\nYour Rights. You own the information you submit through our Services.\nYou must have the rights to the phone number you use to sign up for\nyour Signal account.\nSignal’s Rights. We own all copyrights, trademarks, domains, logos,\ntrade dress, trade secrets, patents, and other intellectual property rights\nassociated with our Services. You may not use our copyrights,\ntrademarks, domains, logos, trade dress, patents, and other intellectual\nproperty rights unless you have our written permission. To report\ncopyright, trademark, or other intellectual property infringement, please\ncontact [email protected].\nSignal’s License to You. Signal grants you a limited, revocable, non-\nexclusive, and non-transferable license to use our Services in\naccordance with these Terms.\nDisclaimers and Limitations\nDisclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND\nSUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR\nSERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED\nWARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,\nNON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR\nOTHER HARMFUL CODE. SIGNAL DOES NOT WARRANT THAT ANY\nINFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL,\nTHAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR\nSAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT\nDISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL,\nAND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR\nUSERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE\nACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR\nOTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS,\nOFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “SIGNAL\nPARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION,\nCONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES,\nKNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY\nWAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY\nTHIRD PARTIES.\nLimitation of liability. THE SIGNAL PARTIES WILL NOT BE LIABLE TO\nYOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE,\nINDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF,\nOR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR\nSERVICES, EVEN IF THE SIGNAL PARTIES HAVE BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING\nTO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR\nTERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED\n\nDOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES\nAND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT\nPERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR\nJURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF\nCERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND\nLIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.\nNOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN\nSUCH CASES, THE LIABILITY OF THE SIGNAL PARTIES WILL BE LIMITED\nTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.\nAvailability of Our Services. Our Services may be interrupted, including\nfor maintenance, upgrades, or network or equipment failures. We may\ndiscontinue some or all of our Services, including certain features and\nthe support for certain devices and platforms, at any time.\nResolving Disputes and Ending Terms\nResolving disputes. You agree to resolve any Claim you have with us\nrelating to or arising out of our Terms, us, or our Services exclusively in\nthe United States District Court for the Northern District of California or a\nstate court in San Mateo County, California. You also agree to submit to\nthe personal jurisdiction of such courts for the purpose of litigating all\nsuch disputes. The laws of the State of California govern our Terms, as\nwell as any disputes, whether in court or arbitration, which might arise\nbetween Signal and you, without regard to conflict of law provisions.\nEnding these Terms. You may end these Terms with Signal at any time\nby deleting Signal Messenger from your device and discontinuing use of\nour Services. We may modify, suspend, or terminate your access to or\nuse of our Services anytime for any reason, such as if you violate the\nletter or spirit of our Terms or create harm, risk, or possible legal\nexposure for Signal. The following provisions will survive termination of\nyour relationship with Signal: “Licenses,” “Disclaimers,” “Limitation of\nLiability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and\n“General”.\nGeneral\nSignal may update the Terms from time to time. When we update our\nTerms, we will update the “Last Modified” date associated with the\nupdated Terms. Your continued use of our Services confirms your\nacceptance of our updated Terms and supersedes any prior Terms. You\nwill comply with all applicable export control and trade sanctions laws.\nOur Terms cover the entire agreement between you and Signal regarding\nour Services. If you do not agree with our Terms, you should stop using\nour Services.\n\nIf we fail to enforce any of our Terms, that does not mean we waive the\nright to enforce them. If any provision of the Terms is deemed unlawful,\nvoid, or unenforceable, that provision shall be deemed severable from\nour Terms and shall not affect the enforceability of the remaining\nprovisions. Our Services are not intended for distribution to or use in any\ncountry where such distribution or use would violate local law or would\nsubject us to any regulations in another country. We reserve the right to\nlimit our Services in any country. If you have specific questions about\nthese Terms, please contact us at [email protected].\nPrivacy Policy\nSignal utilizes state-of-the-art security and end-to-end encryption to\nprovide private messaging and Internet calling services to users\nworldwide (“Services”). Your calls and messages are always encrypted,\nso they can never be shared or viewed by anyone but yourself and the\nintended recipients.\nInformation you provide\nAccount Information. You register a phone number when you create a\nSignal account. Phone numbers are used to provide our Services to you\nand other Signal users. You may optionally add other information to your\naccount, such as a profile name and profile picture. This information is\nend-to-end encrypted.\nMessages. Signal cannot decrypt or otherwise access the content of\nyour messages or calls. Signal queues end-to-end encrypted messages\non its servers for delivery to devices that are temporarily offline (e.g. a\nphone whose battery has died). Your message history is stored on your\nown devices.\nAdditional technical information is stored on our servers, including\nrandomly generated authentication tokens, keys, push tokens, and other\nmaterial that is necessary to establish calls and transmit messages.\nSignal limits this additional technical information to the minimum required\nto operate the Services.\nContacts. Signal can optionally discover which contacts in your address\nbook are Signal users, using a service designed to protect the privacy of\nyour contacts. Information from the contacts on your device may be\ncryptographically hashed and transmitted to the server in order to\ndetermine which of your contacts are registered.\nUser Support. If you contact Signal User Support, any personal data you\nmay share with us is kept only for the purposes of researching the issue\n\nand contacting you about your case.\nManaging your information. You can manage your personal information\nin Signal’s application Settings. For example, you can update your profile\ninformation or choose to enable additional privacy features like a\nRegistration Lock PIN.\nInformation we may share\nThird Parties. We work with third parties to provide some of our\nServices. For example, our Third-Party Providers send a verification code\nto your phone number when you register for our Services. These\nproviders are bound by their Privacy Policies to safeguard that\ninformation. If you use other Third-Party Services like YouTube, Spotify,\nGiphy, etc. in connection with our Services, their Terms and Privacy\nPolicies govern your use of those services.\nOther instances where Signal may need to share your data\nTo meet any applicable law, regulation, legal process or enforceable\ngovernmental request.\nTo enforce applicable Terms, including investigation of potential\nviolations.\nTo detect, prevent, or otherwise address fraud, security, or technical\nissues.\nTo protect against harm to the rights, property, or safety of Signal,\nour users, or the public as required or permitted by law.\nUpdates\nWe will update this privacy policy as needed so that it is current,\naccurate, and as clear as possible. Your continued use of our Services\nconfirms your acceptance of our updated Privacy Policy.\nTerms\nPlease also read our Terms which also governs the terms of this Privacy\nPolicy.\nContact Us\nIf you have questions about our Privacy Policy please contact us at\[email protected]. Attn: Privacy Signal Messenger, LLC 650 Castro\nStreet, Suite 120-223 Mountain View, CA 94041\n\nEffective as of May 25, 2018\nUpdated May 25, 2018\n© 2013–2021 Signal, a 501c3\nnonprofit.\nSignal is a registered trademark\nin the United States and other\ncountries. \nFor media inquiries, contact\[email protected]\nCompany\nDonate\nCareers\nBlog\nTerms &\nPrivacy\nPolicy\nDownload\nAndroid\niPhone &\niPad\nWindows\nMac\nLinux\nSocial\nGitHub\nTwitter\nInstagram\nHelp\nSupport\nCommunity\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Telegram","url":"https://telegram.org/tos?setln=en","lang":"ENG","sector":"Communication","hq":"UAE","hq_category":"Other","is_public":"Private","is_paid":"Free","date":""},"document":{"title":"","text":"Terms of Service\nBy signing up for Telegram, you accept our Privacy Policy and agree not to:\nUse our service to send spam or scam users.\nPromote violence on publicly viewable Telegram channels, bots, etc.\nPost illegal pornographic content on publicly viewable Telegram channels, bots, etc.\nWe reserve the right to update these Terms of Service later.\nCitizens of EU countries and the United Kingdom must be at least 16 years old to sign up.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Viber","url":"https://www.viber.com/en/terms/viber-terms-use/","lang":"ENG","sector":"Communication","hq":"Luxembourg","hq_category":"EU","is_public":"Indirectly public","is_paid":"Optionally paid","date":"May 2018"},"document":{"title":"","text":"Viber Terms of Use\nThanks for sending us good vibes by using the various services available within Viber! You may be\nsurprised, but we will refer to all such services, including additional apps published by Viber Media\nS.a.r.l, and also third party services which are powered by Viber’s technology, as the “Services”.\nThe Terms of Use (or, the “Terms”) presented below are the basic rights and obligations that you and us\nhave between us when you use our Services. The language of the Terms will seem legal (basically,\nbecause they are) but we still tried to make them as simple as possible for you to read, so that we are\nsure that you knowingly choose to enjoy our Services under these binding Terms (which actually\nconstitute a binding agreement between Viber Media S.a r.l. and yourself).\nWhen you use our Services, in addition to enjoying a world of good vibes, you also agree to the Terms\nand they affect your rights and obligations. You can choose not to enjoy the Services, if you don’t want\nthese Terms to apply (and by these Terms we also mean our Privacy Policy, Cookies and Tracking\nTechnologies Policy, DMCA Policy, and other policies on our policies page, which are incorporated\nherein).\nNO ACCESS TO EMERGENCY SERVICES: Viber is not a replacement for your ordinary mobile or fixed\nline telephone and does not allow you to make emergency calls to emergency services. You must make\nalternative communication arrangements to ensure that you can make emergency calls if needed.\nSome features of our Services may be subject to additional terms and conditions, which you should read\nbefore making use of those features, and they add up to these Terms. You understand that, just like a\nregular mobile phone service, anyone with knowledge of your phone number may call you or send you\nmessages through our Services and anyone you send a message to can use the content of your\nmessage as they desire.\n1. Legal Capacity; Children and Minors. If you are under the age of consent in your country to form a\nbinding agreement, you should only use our Service if you are either an emancipated minor, or have the\nlegal consent of your parent or guardian for your use of our Service. You should use our Service only if\nyou are fully able to understand and enter into and comply with these Terms. Our Services are not\nintended for children under 13: if you are under 13, please wait until you turn 13 to use them.\n \n2. Updates to Terms. We are always working on adding additional features to our Services, and\nbecause of that, and also since sometimes applicable laws change, we may revise and reissue these\nTerms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of\nthese Terms through our posting of updated Terms on the Services. You should visit this page regularly\nto review the current Terms. If you do not agree to updated Terms, you should stop using our Services\nand/or close your account. Your continued use of any of our Services will be deemed as your\nacceptance of any revisions.\n \n3. The Information You Give Us to Use the Service Must Be Correct. To access the Viber Service or\nsome of the features we offer in the Viber Service, you will be asked to provide true and complete\nregistration details, including your correct age. If we at Viber believe the details are not correct, current,\nor complete, we have the right to prevent you from accessing our Services, or any of its resources and to\nterminate or suspend your account.\n \n4. Online Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide\nnotices explaining our information practices and the choices you can make about the way your\ninformation is collected and used at our Services. Click here to view our Privacy Policy. If you are a\ncitizen of the European Economic Area, learn how you can exercise your data subject rights here. If you\nare a resident of California (US), learn how you can exercise your privacy rights here.\n \n\n5. Trademarks and Copyrights. Our Services and materials incorporated by Viber on our Services\n(“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”).\nSome of the characters, logos, or other images incorporated by Viber in our Services are also protected\nas registered or unregistered trademarks, trade names, and/or service marks owned by Viber or others\n(“Trademarks”). Viber or its licensors own the title, copyright, and other intellectual property rights in the\nMaterial and Service, and by using our Services, you do not acquire any ownership rights in Service or\nMaterials contained therein. Viber respects the intellectual property rights of others and asks users of our\nServices to do the same.\n \n6. Your Use of Our Material. Your right to make use of our Service and any Material or other content\nappearing on it is subject to your compliance with these Terms. You may not modify, or use the Material\nor any other content on our Services for any purpose not permitted by these Terms. Such prohibited use\nviolates these Terms and may be a violation of the Copyrights and/or Trademarks protected by law.\nYou may access and display Material and all other content displayed on our Services for non-\ncommercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you\nown or control. The Material and all other content on this Service may not otherwise be copied,\nreproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless\nspecifically authorized by Viber. Also, decompiling, reverse engineering, disassembling, or otherwise\nreducing the code used in any software on this Service into a readable form in order to examine the\nconstruction of such software and/or to copy or create other products based (in whole or in part) on such\nsoftware, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the Material and/or\nthe Services.\n7. Call Services; Premium Services. As part of our Service, we offer you to call your friends who use\nViber, through our Service, free of charge (calls use your data plan unless connected to Wifi). Viber also\noffers you the opportunity to become a premium “Viber Out” user, which allows you to call non-Viber\nusers (landlines or mobiles) around the world at such rates as presented\nherein https://account.viber.com/en/rates-index.\nIn addition, you are allowing certain incoming calls generated outside the Viber network, by your friends\nor other people calling your number, to be received by your mobile device or desktop through the\nLicensed Application (hereinafter: “Viber In”). “Viber In” is provided to you for free and you may disable\nthe ‘Viber In’ service at any time by changing the application settings.\n8. Charges for Viber Out Service and Other Products or Features.\n8.1 Calling non-Viber phone numbers and premium rate numbers with Viber Credit:\n8.1.1 The rates for calling landlines and mobile phones outside of the Viber community consist of a\nper-minute rate as set out on http://account.viber.com/. After a 4-hour call duration, the call will be\ndisconnected and require a re-dial.\n8.1.2 Viber may change the rates for calling phones at any time without notice to you by posting\nsuch change at http://account.viber.com/. The new rate will apply to your next phone call after the new\nrates have been published. Please check the latest rates before you make your call. If you do not accept\nthe new rates, do not make your call.\n8.1.3 The duration of a call shall be based on one-minute increments. Fractions of minutes will be\nrounded up to the next minute. At the end of a call, fractional cent charges will be rounded up or down to\nthe nearest whole cent. For example a total call at a price of €0.034 will be rounded to €0.03. During the\ncall, charges incurred will be deducted automatically from the Viber Credit balance in your User\nAccount.\n8.1.4 The use of Viber Out is subject to our Fair Usage Principles.\n \n8.2 Subscriptions/Calling plans. Viber offers cost-saving calling plans specifying a fixed price for\nspecified destinations and time periods. We also offer recurring calling plans which renew on a\nperiodical basis and are a type of subscription. Our calling plans, including the unlimited plans, are\nintended for individual use only and are subject to our Fair Usage Principles to prevent fraud and\nmisuse. They also exclude special, premium, service, satellite, and non-geographic numbers. We may\nterminate your subscription and/or offer you an alternative calling plan if we notice that your usage is in\nbreach of our Fair Usage Principals. We reserve the right to change our calling plans and subscriptions\nor stop offering them at any time. Reduction to the prices of our calling plans will not affect previously\n\npurchased and existing calling plan(s). For Subscriptions which include a bundle of features, we will\nnotify you in the event that the types of products in the Subscriptions change and you will have the right\nto terminate the subscription. Unused minutes or credit will not roll from one month to the next.\n \n8.3 Sticker Subscriptions. In certain locations, Viber offers digital sticker subscriptions for a fixed\nprice, allowing Users to download otherwise paid-for stickers for free during the subscription period. Our\ndigital stickers are protected by copyright and are intended for Users’ individual use only. The use of our\ndigital stickers is subject to our Fair Usage Principles to prevent fraud and misuse. We reserve the right\nto change our sticker subscriptions or stop offering them at any time. We also may remove at any time\nany sticker packs included in a subscription. For Subscriptions which include a bundle of features (e.g.,\nstickers and other services), we will notify you in the event that the types of products in the Subscriptions\nchange and in that event you will have the right to terminate that subscription. We reserve the right to\nlimit access to sticker packs downloaded through a subscription, following termination or expiry of the\nsubscription. Our Payments Policy explains the terms relating to the way in which you pay us for\nSubscriptions, including whether such payment is to be made through your mobile phone bill.\n \n8.4 The charges for other Viber products or features will be confirmed to you before you complete\na purchase from Viber. Viber may change the prices of such products at any time without any notice to\nyou. You can choose whether or not to accept the new charges prior to completing your next purchase\nof the applicable product. The new prices will apply to your next purchase after the new prices have\nbeen published.\n \n8.5 From time to time, Viber may offer products or features available at no charge for a trial period,\nat Viber’s sole discretion, including as to duration and scope of no charge offers. However, Viber\nreserves the right to charge you for such products (at the normal rate) in the event that Viber determines\n(in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any\nservice, proxy or other device or anonymous IP address that prevents us from locating you.\n \n8.6 Viber may collect VAT or other indirect taxes at the applicable rate for the particular country (as\nper applicable tax rules) at the time of purchase of Viber Credit or at the time you use the Viber Credit.\n \n8.7 Using the Service on mobile applications will use some of the data allowance available on the\ndata package to which you have subscribed with your mobile network operator as the case may be. Out-\nof-country usage may in any event lead to significantly higher costs than regular usage, and you are\nsolely responsible for keeping yourself informed and paying for possible roaming and other applicable\ncharges levied by your mobile network operator.\n \n9. Payments; Refunds. You can find information about payments, credits, and refunds in our Payments\npolicy.\n \n9.1 You can purchase credits (“Viber Credit”) using any payment method made available to you by\nViber from time to time. The Viber Credit that you purchase will be applied to your User Account at the\ntime of purchase. We will send you an acknowledgment of your order of Viber Credit [by email]. We use\nthe services of third parties to process your payments to us or to third parties and we require that these\nthird parties take the appropriate organizational and technical measures to protect your personal data\nand traffic data and to comply with relevant laws. Please review the terms of use and privacy policies of\nthose third parties before providing your banking or payment information. You agree that you are not\nrelying on the future availability of any feature or product offered through the Service in agreeing to or\nmaking payments hereunder. You can change your payment method and billing information by logging\ninto your Viber account at http://account.viber.com/. You agree that Viber may use information regarding\nyour selected payment method provided by your issuing bank or applicable payment system. If you pay\nwith foreign currency, you agree that the amount you are eventually credited may vary, as a result of\nforeign currency conversion policies of our third party payment processors, which you can find at the\nrelevant website or location where you make the actual purchase.\n\n \n9.2 If you do not use your Viber Credit for a period of six months (including Viber Credit that has\nbeen allocated to you by a Viber administrator), such credits will be frozen. You can reactivate the Viber\nCredit by accessing your Viber-Out account on viber.com, and following the instructions therein. If your\nViber account is deactivated, your Viber Credit will be lost. For this purpose, Viber Account may be\ndeactivated in any of the following: (i) You actively deactivate your account. (ii) You remove Viber from\nyour mobile device and do not reinstall it within three months (iii) You do not log in to Viber for twelve\nconsecutive months.\nFor Japanese numbers (+81), Viber Credit expires within 180 days of purchase, with no ability to\nreactivate.\n \n9.3 Viber Credit currently can be used only for Viber Out calls.\n \n9.4 Automatic Recurring Charge. The recurring charge feature will be automatically enabled when\nyou buy Viber Credit through the Viber mobile application or website and check the appropriate\ncheckbox at the time of purchase. Your Viber Credit balance will be recharged with the same amount\nand by the same payment method you initially designated when you registered your account every time\nyour Viber account balance goes below the threshold set by Viber from time to time. You can disable the\nrecurring charge feature at any time by accessing your User Account. Any charges mentioned in\nspecific currencies are solely considered as examples, and do not take currency fluctuations or\ndiscrepancies into account.\n \n9.5 Payment for Subscriptions (e.g. recurring calling plans) are made on a recurring payment\nbasis. This means that you agree that at the applicable recurring intervals your payment method will be\ncharged, until you actively elect to terminate the Subscription.\n \n9.6 In the event of any errors relating to the pricing or specifications, Viber shall have the right to\nrefuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to\ncancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may\napply.\n \n10. Refunds.\n \n10.1 Except as provided by law, all purchases are final and non-refundable. If you believe that\nViber has charged you in error, you must contact Viber within 90 days of such charge. No refunds will be\ngiven for any charges more than 90 days old. If you purchase any digital content from Viber, any right\nyou may have to withdraw from or cancel the purchase will terminate once the digital content has been\ndelivered to you upon your request, and you will not be entitled to claim any refund, except where you\nbelieve Viber has charged you in error. If you use third party services to purchase Viber Out Credit, such\npurchase is also subject to the terms of such third party (including with respect to payment terms,\nrefunds, etc.).\n \n10.2 Viber reserves the right to refuse a refund request if it reasonably believes or suspects (i) that\nyou are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in\nrespect of the same product or feature; (ii) that you are in breach of the terms of this License; (iii) that you\nare using any of our products fraudulently or that your User Account is being used by a third party\nfraudulently; or (iv) that you purchased your credit through a third party service and the terms of such\nthird party do not allow such refund. This refund policy does not affect any of your statutory rights to\npursue a claim.\n \n11. Public Content. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR\nEXPRESSED IN OR ON COMMUNITIES, CHANNELS AND/OR CHAT BOTS, COMMENT SECTIONS,\nCOMMUNITY CHATS, OR OTHER FORUMS ON THIS SERVICE (“FORUMS”) ARE NOT NECESSARILY\n\nTHOSE OF THE VIBER GROUP OR CONTENT PROVIDERS. VIBER DOES NOT UNDERTAKE TO\nMONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF\nVIBER. VIBER MAY BLOCK, REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT\nANY TIME IN VIBER’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK\nAND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.\n \n12. User Content.\n \n (a) We want you to share your good vibes through our service! This is why we have different\nfeatures allowing you to do so. However, because we want to protect you and other Users and make\nsure your experience is positive, we reserve the ultimate right at all times (but will not have an obligation)\nto remove or refuse to distribute any User Content on the Service, to suspend or terminate users, and to\nblock participants of our Forums without liability to us, including where such User Content, in our sole\ndiscretion, violates these Terms, including these House Rules, the Public Account, Public Chat, Bot,\nCommunity and Channels and VAP Terms & Guidelines, these Content Guidelines (which are part of\nthese Terms) or any additional applicable terms and policies, or applicable laws, and/or infringes any\nthird party rights, or that we otherwise find objectionable. We also reserve the right to respond to user\nsupport requests or reports provided through the Viber App, or protect the rights, property or safety of\nViber, its users and the public.\nWhen you create digital stickers on our Service they must meet our Content Guidelines, and must not\nfurther contain, imply or promote adult or adult-related content; alcoholic beverages; tobacco or\ntobacco-related products; weapons and other dangerous products or services; gambling, betting and\nlotteries content; or any illegal products, services or activities, or content that is not suitable for minors or\nthe publication of which requires the minimal “age gating” or other regulators’ restrictions or limitations\nunder any applicable international or local laws, rules and regulations. For further instructions please see\nour ad content guidelines at https://www.viber.com/en/terms/viber-advertising-policy/.\n (b) License: When you use our public Forums, your content is public and you allowing anyone, on\nViber and elsewhere to view it and associate it with you. Your content will be used to help improve how\nwe offer content to you and other users. By posting or uploading any User Content to Viber, you\nspecifically grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free,\nworldwide license to use any intellectual property rights for the content that you share publicly on or in\nconnection with our Service, including without a limitation host, store, display, reproduce, modify, adapt,\nedit, publish, and distribute such content. This License will end once you delete such content or your\naccount unless users who have seen the content saved it. Removed content may persist in backup\ncopies for a reasonable period of time (but will not be available to others).\n \n13. Our Use of Your User Content. Viber will consider anything you provide to Viber, including\nfeedback, ideas or suggestions and/or contribute to this Service as available for our use free of any\nobligations to you (including any payment). Under no circumstances will we pay you for the use of your\nideas or submissions.\n \n14. Claims of Infringement. If you believe that any materials accessible on or from the Service infringe\nyour copyrights, you may request the removal of those materials (or access thereto) by contacting our\ncopyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines\nand procedures – Viber DMCA Policy.\n \n15. Responsibility for Your Use. You may only use our Service and its contents for lawful purposes\nand in accordance with applicable law and you are prohibited from storing, distributing, or transmitting\nany unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability.\nYou agree that if a third-party claims that material you have contributed to our Service is unlawful, you\nwill bear the burden of establishing that it is lawful. You understand and agree that all materials publicly\nposted or privately transmitted on or through this Service are the sole responsibility of the sender, not\nViber, and that you are responsible for all material you upload, publicly post or otherwise transmit to or\nthrough this Service.\n\n \n16. System Abuse; Bulk Messaging. Without limitation, you agree not to send, create, or reply to so\ncalled “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple\nfiles or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending\nunsolicited messages for business or other purposes) In addition, you agree not to send “bulk\nmessaging” (i.e. sending messages for business or other commercial purposes) without written\npermission by Viber, or undertake any other activity which may adversely affect the operation or\nenjoyment of this Service by any other person, including placing malware on the Service.\nYou may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource,\ncontained on this Service.\n \n17. Security of User Accounts. If you create a User Account by selecting a password and providing\nyour name, You are responsible for all activities that occur under your User Account. You agree to notify\nViber immediately of any unauthorized use of your User Account or any breach of security with respect\nto your User Account including your password. Viber will not be liable for any loss that you may incur as\na result of someone else using your User Account, either with or without your knowledge. In addition, you\nmay be held liable for any losses incurred by us or another party due to someone else using your User\nAccount. Viber shall be entitled to monitor your User Account and password and, at its discretion,\nrequire you to change your password. If you use a username and password that Viber considers\ninsecure, Viber will be entitled to require this to be changed and/or terminate your User Account.\n \n18. Violation of Security Systems. You are prohibited from using any services or facilities provided in\nconnection with this Service to compromise security or tamper with system resources and/or accounts.\nThe use or distribution of tools designed for compromising security (e.g. password guessing programs,\ncracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any\nviolation of system security, Viber reserves the right to release your details to system administrators at\nother sites, law enforcement and/or governmental authorities in order to assist them in resolving security\nincidents.\n \n19. Termination. We aspire that you will always continue to share good vibes through the use of our\nService, but you may terminate your relationship with Viber at any time. If you are using our free Service,\nyou may simply cease to use the Service. If you registered for our “Viber Out” service (described above),\nyou can request that Viber delete your account and our cancellation policy shall apply. Where\npermissible under the law, Viber has the right to terminate your rights under our Service without notice.\n \n20. Disclaimer of Warranties. Although we make great efforts to make our Service error and\ninterruption free, we cannot promise that such efforts will result with such desired performance. YOUR\nUSE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE\nGIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION,\nSOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND\n“AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE\nFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIBER, ITS PARENT RAKUTEN\nAND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF VIBER (“THE VIBER GROUP”) DISCLAIM\nALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES\nOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE\nVIBER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THIS\nSERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE\nCORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE\nFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE VIBER GROUP DOES NOT WARRANT\nOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE\nMATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE\nSERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS,\nACCURACY, RELIABILITY, OR OTHERWISE. THE VIBER GROUP MAKES NO WARRANTIES THAT YOUR\nUSE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT\nOF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE VIBER GROUP ASSUMES\n\nNO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS,\nINFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY\nOTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF\nTHE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO\nYOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.\nIF YOU ARE ACCESSING A UNITED KINGDOM OR LUXEMBOURG VERSION OF THE SERVICE,\nNOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL\nINJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR\nEMPLOYEES.\n21. Limitation of Liability. THE VIBER GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN\nCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT\nACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL,\nCONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY\nUSE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR THE\nMATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE\nSERVICE OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH\nLIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE VIBER GROUP HAS BEEN ADVISED OF\nTHE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY\nMEMBER OF THE VIBER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,\nREPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF\nAPPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY\nTO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY\nAPPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be\nrequired by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).\nThe foregoing limitations will apply even if the above stated remedy fails of its essential purpose.\n \n22. Indemnity. You agree to indemnify and hold harmless The Viber Group from and against any and\nall claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from\nyour breach of these Terms, including any of the foregoing provisions, representations or warranties,\nfrom your placement or transmission of any content onto Viber’s servers and/or from any and all use of\nyour User Account.\n \n23. Release. If you have a dispute with one or more users (including game developers and/or\nmerchants), you release The Viber Group from claims, demands, liabilities, costs, or expenses and\ndamages (actual and consequential of every kind and nature, known and unknown, arising out of or in\nany way connected with such disputes). In entering into this release, you expressly waive any\nprotections (whether statutory or otherwise) to the extent permitted by applicable law that would\notherwise limit the coverage of this release to include only those claims which you may know or suspect\nto exist in your favor at the time of agreeing to this release.\n \n24. Investigations. Viber may seek to gather information from a user who is suspected of violating\nthese Terms and from any other user. Viber may suspend any users whose conduct or postings are\nunder investigation and may remove such material from its servers as it deems appropriate and without\nnotice. If Viber believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or\nmodify any submission, posting or emails, remove the material permanently, cancel postings, warn\nusers, suspend users and passwords, terminate accounts, or take other corrective action it deems\nappropriate. Viber may fully cooperate with any law enforcement authorities or court order requesting or\ndirecting Viber to disclose the identity of anyone posting any content, or publishing or otherwise making\navailable any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT\nYOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE VIBER GROUP FROM ANY CLAIMS\nRESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE VIBER GROUP DURING OR AS A\nRESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF\nINVESTIGATIONS BY EITHER A MEMBER OF THE VIBER GROUP OR LAW ENFORCEMENT\nAUTHORITIES.\n \n\n25. Reservation of Rights. Viber reserves the right to modify or discontinue, temporarily or\npermanently, all or any part of this Service and/or any software, facilities, and services on this Service,\nwith or without notice and/or to establish general guidelines and limitations on their use.\n \n26. Local Regulations. We make no representation that our Service is available for use or permitted by\nlaw in any particular location. To the extent you choose to access our Service, you do so at your own\ninitiative and are responsible for compliance with any applicable laws, including but not limited to\napplicable local laws. You are responsible for complying with local laws, if and to the extent local laws\nare applicable. You specifically agree to comply with all applicable laws concerning the transmission of\ntechnical data exported from the United States or the country you reside in.\n \n27. Third-Party Services. This Service may link you to other sites on the Internet and third party\npartners which cooperate with us to provide you certain Services. These sites may contain information or\nmaterial that some people may find inappropriate or offensive. These other sites are not under the control\nof Viber, and you acknowledge that (whether or not such sites are affiliated in any way with Viber) Viber is\nnot responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the\ncontent of such sites, and that your use of such sites is subject to their respective terms of use. The\ninclusion of such a link does not imply endorsement of any site by Viber or any association with its\noperators.\n \n28. Viber cannot ensure that you will be satisfied with any products or services that you purchase from\nany third-party site that links to or from Viber since the third-party sites are owned and operated by\nindependent retailers. Viber does not endorse any of the merchandise, nor has Viber taken any steps to\nconfirm the accuracy or reliability of any of the information contained on such third-party sites. Viber\ndoes not make any representations or warranties as to the security of any information (including, without\nlimitation, credit card and other personal information) you might be requested to give any third-party, and\nyou irrevocably waive any claim against us with respect to such sites. We strongly encourage you to\nmake whatever investigation you feel necessary or appropriate before proceeding with any online\ntransaction with any of these third-parties.\n \n29. Proprietary Online Services. Any area of this Service that is accessed through any proprietary\nonline service is subject to the rules, policies and guidelines of such proprietary online service.\n \n30. Jurisdictional Issues. The Materials and all other content in this Service are presented for the\npurpose of providing information regarding the Viber Services available in the United States and\nelsewhere.\n \n31. Choice of Law. To the extent permitted by law, and with the exception of Section 8 (which will be\nconstrued in accordance with the FAA and New York law), these Terms shall be governed by, construed\nand enforced in accordance with the laws of the State of New York, as they are applied to agreements\nentered into and to be performed entirely within New York.\n \n32. Binding Arbitration of All Disputes; No Class Relief.\nThis section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever\nwish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to\npursue class action.\n(a) U.S. Residents: To the fullest extent permissible by law, with the exception of disputes\npertaining to Viber’s intellectual property rights and certain statutory claims that, pursuant to law, are not\narbitrable, any dispute of any kind between you and Viber arising under these Terms shall be resolved\nthrough binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an\nindividual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state\nor federal court with substantial experience in the internet industry and shall follow New York substantive\nlaw in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement\n\nto arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this\nSection 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county\nthat encompasses the billing address you have provided to Viber. For any claim in which you seek U.S.\n$10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by\ntelephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the\narbitrator determines are not frivolous, Viber shall pay the costs and fees of JAMS and the arbitrator.\nViber agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the\narbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR\nCLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A\nCLASS ACTION.\n(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual\nclaim) arises out of or relates to the Service or the Terms (a “Section 8(b) Dispute”), then you and we\nagree to send a written notice to the other providing a reasonable description of the Section 8(b)\nDispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most\nrecent contact information that you provide us. But if no such information exists or if such information is\nnot current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us\nat [email protected]. For a period of sixty (60) days from the date of receipt of notice from\nthe other party, Viber and you will engage in a dialogue in order to attempt to resolve the Section 8(b)\nDispute, though nothing will require either you or Viber to resolve the Section 8(b) Dispute on terms\nwhich either you or Viber, in each of our sole discretion, are uncomfortable with.\nIf your Section 8(b) dispute against Viber involves a paid Viber Service and we are unable to\nresolve it through dialogue (as described above), Viber will Directive 2013/11/EU on Consumer\nAlternative Dispute Resolution. The European Commission Online Dispute Resolution (“ODR”) can be\naccessed at eu.europa.eu/odr.\n \n33. How to Contact Us. This Service is controlled and operated by Viber Media, S.à r.l., a société à\nresponsabilité limitée incorporated under the laws of the Grand Duchy of Luxembourg, with registered\noffice at 2, rue des Fossé, L-1536 Luxembourg, Grand Duchy of Luxembourg, and registered with the\nTrade and Companies Register of Luxembourg. Please forward any comments or complaints about the\nService to https://help.viber.com/en/contact. Please forward any questions regarding privacy\nto https://help.viber.com/en/contact. and other legal matters to https://help.viber.com/en/contact.\n \n34. General. If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or\nfor any reason unenforceable, then that provision shall be deemed severable from this agreement and\nshall not affect the validity and enforceability of any remaining provisions. This is the entire agreement\nbetween you and Viber relating to the matters contained here and the Service.\nIn the event you read these terms in any language other than English, you agree that in the event of any\ndiscrepancies, the English version shall prevail.\nCurrent Terms of Use PDF Viber Terms of Use May 2018\nPrevious Terms of Use PDF Viber Terms of Use update February 2017\nPrevious Terms of Use PDF Viber Terms of Use September 2016\nPrevious Terms of Use PDF Version Viber Terms of Use June 2014\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Zoom","url":"https://explore.zoom.us/en/terms/","lang":"ENG","sector":"Communication","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"10.11.2021"},"document":{"title":"","text":"ZOOM TERMS OF SERVICE\nEFFECTIVE: November 10, 2021\nIMPORTANT, READ CAREFULLY : YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY,\nTHE “SERVICES”) OF ZOOM VIDEO COMMUNICATIONS, INC. AND ITS AFFILIATES (“ZOOM”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND\nACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.\nBY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE ZOOM WEBSITE OR BY UTILIZING THE ZOOM SERVICES YOU AGREE TO BE BOUND BY\nTHESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE ZOOM SERVICES ARE NOT\nAVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.\nZoom will provide the Services, and you may access and use the Services, in accordance with this Agreement. Zoom may provide any of the Services hereunder through any of\nits Affiliates. If You order Services through an on-line registration page or an order form (each an “Order Form”), the Order Form may contain additional terms and conditions\nand information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Service\nwhich You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service.\nSystem Requirements. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require\nobtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services\nmay be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be\nchanged from time to time, are Your responsibility.\nDEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. Service specific\ndefinitions are found in the Services Description located at www.zoom.us/services-description.\n“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this\nAgreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or\ncause the direction of the management and set the policies of such entity.\n“End User” means a Host or Participant (as defined in the Services Description) who uses the Services.\n“Initial Subscription Term” means the initial subscription term for a Service as specified in an Order Form.\n“Service Effective Date” means the date an Initial Subscription Term begins as specified in an Order Form.\n“Renewal Term” means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order\nForm.\n1.\nSERVICES. Zoom will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by Zoom during the\nterm. Zoom may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.\n2.\nBeta Services. Zoom may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to\nadditional agreements. Zoom makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a\nBeta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole\nrisk.\n2.1.\nUSE OF SERVICES AND YOUR RESPONSIBILITIES. You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your\nEnd Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not\nlimited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.\n3.\nRegistration Information. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such\ninformation shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user\nname and password and agree not to disclose such to any third party.\n3.1.\nYour Content. You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services\nand for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content\nand to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Zoom and that such use does\nnot violate or infringe on any rights of any third party. Under no circumstances will Zoom be liable in any way for any (a) Content that is transmitted or viewed while\nusing the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to\nContent. Although Zoom is not responsible for any Content, Zoom may delete any Content, at any time without notice to You, if Zoom becomes aware that it\nviolates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or\nthrough, the Services.\n3.2.\nRecordings. You are responsible for compliance will all recording laws. The host can choose to record Zoom meetings and Zoom Video Webinars. By using the\nServices, you are giving Zoom consent to store recordings for any or all Zoom meetings or webinars that you join, if such recordings are stored in our systems. You\nwill receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar\n3.3.\nProhibited Use. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works\nof, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses,\ninterferes with, or disrupts Zoom’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through\nthe Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy\nany features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene,\nindecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages\nconduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is\nintended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data\nfrom other hardware, software or networks of Zoom or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage,\ndisable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Zoom’s security systems. (ix)\nuse the Services in violation of any Zoom policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-\nterrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance\nwith all such laws and regulations.\n3.4.\nLimitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been\nspecifically permitted to do so under a separate agreement with Zoom. You may not offer or enable any third parties to use the Services purchased by You, display on\nany website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the\nServices or use the Services for the development, production or marketing of a service or product substantially similar to the Services.\n3.5.\nRESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure\nthat any such End User will comply with the terms of this Agreement and any Zoom policies. Zoom assumes no responsibility or liability for violations. If You become\naware of any violation of this Agreement in connection with use of the Services by any person, please contact Zoom at [email protected]. Zoom may investigate any\ncomplaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing\nthe content or terminating accounts and/or User profiles. Under no circumstances will Zoom be liable in any way for any data or other content viewed while using the\nServices, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to,\nor denial of access to any data or content.\n4.\n\nZOOM OBLIGATIONS FOR CONTENT. Zoom will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in\naccordance with industry standards. Zoom will notify You if it becomes aware of unauthorized access to Content. Zoom will not access, view or process Content except\n(a) as provided for in this Agreement and in Zoom’s Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this\nAgreement; or (d) as required by Law. Zoom has no other obligations with respect to Content.\n5.\nELIGIBILITY. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations,\nrepresentations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we\nbelieve that You are under the age of 16 or are otherwise ineligible.\n6.\nINTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to\nthe terms and limitations of this Agreement. Zoom is not intended for use by individuals under the age of 16, unless it is through a School Subscriber (as that term is\ndefined in the Services Description) using Zoom for Education (K-12).\n7.\nCHARGES AND CANCELLATION. You agree that Zoom may charge to Your credit card or other payment mechanism selected by You and approved by Zoom (“Your\nAccount”) all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your\nAccount. Unless stated otherwise, all prices and fees shown by Zoom are exclusive of taxes and regulatory fees, service, service fees, set up fees, subscription fees, or any\nother fee or charge associated with Your Account. Where applicable, taxes and regulatory fees will be charged on the invoices issued by Zoom in accordance with local\nlaws and regulations. The taxes and regulatory fees charged can be changed without notice. All payments made by you to us under this Agreement will be made free and\nclear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to domestic or cross-border withholding\ntaxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and\npayable under this Agreement. We will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or\ndeduction for taxes in respect of payments made under this Agreement. Zoom may change prices at any time, including changing from a free service to a paid service\nand charging for Services that were previously offered free of charge; provided, however, that Zoom will provide you with prior notice and an opportunity to terminate\nYour Account if Zoom changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of\nthe applicable fees and agreed to pay such fees. You agree that in the event Zoom is unable to collect the fees owed to Zoom for the Services through Your Account,\nZoom may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Zoom in\nconnection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Zoom may collect interest at the lesser of 1.5%\nper month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed\nfor any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service\nalready paid for.\n8.\nTERMINATION. The Zoom website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be\neffective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of\ntermination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, Zoom may\nterminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 20, inclusive, shall survive any termination of this Agreement.\nUpon any termination of this Agreement, You must cease any further use of the Services. If at any time You are not happy with the Services, Your sole remedy is to cease\nusing the Services and follow this termination process.\n9.\nPROPRIETARY RIGHTS. Zoom and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service\nmarks, logos, and domain names (“Zoom Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Zoom Marks,\nor other proprietary information (including images, text, page layout, or form) of Zoom without express written consent. You may not use any meta tags or any other\n“hidden text” utilizing Zoom Marks without Zoom’s express written consent.\n10.\nCOPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without\nobtaining the prior written consent of the owner of such proprietary rights. Zoom may deny access to the Services to any User who is alleged to infringe another party’s\ncopyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Zoom as specified here.\n11.\nEXPORT RESTRICTIONS. You acknowledge that the Services, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the\nUnited States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Zoom will provide the U.S.\nexport classification(s) applicable to its Services upon request. You and Your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of\nthe Services or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i)\nYou and Your End Users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions\n(including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and that You and Your End Users will not access or use the Services, or\nexport, re-export, divert, or transfer the Services, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by\npersons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not\npersons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) You and Your\nEnd Users located in China, Russia, or Venezuela are not Military End Users and will not put Zoom’s Services to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no\nContent created or submitted by You or Your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and\nSanctions Laws; and (iv) You and Your End Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by\nthe U.S. Department of Commerce or the U.S. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and\nmonitoring them for any modifications.\n12.\nNO HIGH RISK USE. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of\nnuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH\nRISK environment.\n13.\nINJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical\ninformation or materials related to the Services, may cause irreparable injury to Zoom, its Affiliates, suppliers and any other party authorized by Zoom to resell, distribute,\nor promote the Services (“Resellers”), and under such circumstances Zoom, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond\nor other security, including, but not limited to, preliminary and permanent injunctive relief.\n14.\nNO WARRANTIES.YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND ZOOM, ITS AFFILIATES, SUPPLIERS AND RESELLERS\nEXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZOOM, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR\nREPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF\nANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY,\nSECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH\nTHE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE\nUSE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. ZOOM DOES NOT ASSUME ANY\nRESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ZOOM CANNOT GUARANTEE AND DOES NOT\nPROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.\n15.\nINDEMNIFICATION. You agree to indemnify, defend and hold harmless Zoom, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers\nfrom any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this\nAgreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.\n16.\nLIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOM OR ITS AFFILIATES, SUPPLIERS OR\nRESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT\nLIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR\nDAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER\nSUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ZOOM, ITS AFFILIATES,\nSUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ZOOM’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’\nMAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED\n17.\n\n20.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into\nand to be performed in California by California residents. Except as provided in Exhibit A, the Parties consent to the exclusive jurisdiction and venue of the state courts\nlocated in and serving Santa Clara County, California and the federal courts in the Northern District of California.\n20.2 Contracting Entity. In the event Your Zoom account reflects a bill to/sold to address in India, the contracting entity under these TOS shall be Zoom’s Affiliate, ZVC India\nPvt. Ltd.\n20.3 Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture\nof such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that\nprovision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and\neffect.\n20.4 General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and\nsupersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if You or Your company have executed a\nseparate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the\nextent that any provision of this Agreement conflicts with the terms of such agreement. Zoom may elect to change or supplement the terms of this Agreement from time to\ntime at its sole discretion. Zoom will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within ten (10)\nbusiness days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on You. If You do not agree\nwith the changes, You should discontinue using the Services. If You continue using the Services after such ten-business-day period, You will be deemed to have accepted the\nchanges to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional\nterms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement\nhas been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation\npurposes.\n \nExhibit A\nBinding Arbitration\nThis Exhibit A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver.\nTO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING\nRISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.\nAGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION. If You are located in the United States, You agree to resolve disputes only on an individual basis, through\narbitration pursuant to the provisions of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private\nattorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.\n18.\nPRIVACY AND OTHER POLICIES. Use of the Services is also subject to Zoom’s Privacy Statement, a link to which can be found by selecting “Privacy and Legal Policies”\nin the footer of Zoom’s website. The Privacy Statement, and all policies noticed at www.zoom.us/legal are incorporated into this Agreement by this reference.\nFurthermore, if Your Use of the Services requires Zoom to process any personally identifiable information (“PII” or “Personal Data”) Zoom shall do so at all times in\ncompliance with our Zoom Global Data Processing Addendum https://zoom.us/docs/doc/Zoom_GLOBAL_DPA.pdf is incorporated in these Terms of Service. Additionally,\nYou understand and agree that Zoom may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have\nopted out of receiving marketing communications or notices.\n19.\nMISCELLANEOUS\n20.\nDisputes. A dispute is any controversy between You and Zoom concerning the Services, any software related to the Services, the price of the Services, Your account,\nZoom’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract,\nwarranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or Zoom’s intellectual property rights. As part of the best efforts\nprocess to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of\nthe dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to [email protected].\n1.\nSmall Claims Court Available. You may initiate an action in your local Small Claims Court if You meets the court’s requirements. However, if such a claim is transferred,\nremoved or appealed to a different court, Zoom reserves the right to require arbitration.\n2.\nArbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct\nany arbitration under its Commercial Arbitration Rules. For more information, see adr.org. Arbitration hearings will take place in the federal judicial district of Your primary\nbusiness location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor\nvalid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs\n(including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator\nrules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-\nwide basis or in a representative capacity .\n3.\nArbitration Fees. If You are unable to afford the arbitration costs, Zoom will advance those costs to You, subject to the arbitrator’s determination if costs should be\nreimbursed to Zoom if Zoom prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and\nexpenses.\n4.\nConflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.\n5.\nRequirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or\nnoticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.\n6.\nSeverability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be\nresolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be\nsevered; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the\nsevered provision.\n7.\nAbout\n(https://explore.zoom.us/about)\nZoom Blog (https://blog.zoom.us/)\nCustomers\n(https://explore.zoom.us/customer/all)\nOur Team\n(https://explore.zoom.us/team)\nCareers\n(https://explore.zoom.us/careers)\nIntegrations\n(https://explore.zoom.us/integrations)\nPartners (https://partner.zoom.us/)\nDownload (https://zoom.us/download)\nMeetings Client\n(https://zoom.us/download#client_4meeting)\nZoom Rooms Client\n(https://zoom.us/download#room_client)\nZoom Rooms Controller\n(https://zoom.us/download#room_controller)\nBrowser Extension\n(https://zoom.us/download#chrome_ext)\nOutlook Plug-in\n(https://zoom.us/download#outlook_plugin)\nSales\n(https://explore.zoom.us/contactsales)\n1.888.799.9666 (tel:1.888.799.9666)\nContact Sales\n(https://explore.zoom.us/contactsales)\nPlans & Pricing (https://zoom.us/pricing)\nRequest a Demo\n(https://explore.zoom.us/livedemo)\nWebinars and Events\n(https://zoom.us/events)\nSupport (\nhttps://support.zoom.us/hc/en-\nus)\nTest Zoom (https://zoom.us/test)\nAccount (https://zoom.us/account)\nSupport Center (\nhttps://support.zoom.us/hc/en-us)\nLive Training\n(https://explore.zoom.us/livetraining)\nFeedback (https://zoom.us/feed)\nContact Us\n(https://explore.zoom.us/contact)\nLanguage\nCurrency\nEnglish\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Badoo","url":"https://badoo.com/pl/terms/","lang":"ENG","sector":"Dating","hq":"UK","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"30.03.2021"},"document":{"title":"","text":"Badoo’s Terms and Conditions of Use\nIf you live outside the United States, these Terms and Conditions apply to you. If you live in the United\nStates, the Badoo Terms and Conditions available here apply to you.\nThe Summary\nHello. You should read these terms and conditions in full because they apply every time you visit Badoo and\nuse any of its features. However, just in case you ever need a reminder of the main points, here’s a quick\nsummary:\n1. If you are under the age of 18 then unfortunately you can’t use Badoo yet because it’s a meeting place\nfor adults only.\n2. We’re not responsible for anything that you post or say while you are on Badoo and we don’t monitor\nthe content of the site, but if we do see or someone alerts us that you have posted something that we\nthink is inappropriate then we are allowed at our discretion to remove it.\n3. If you post any content that actually belongs to someone else and they get annoyed (or even call in\ntheir lawyers), we are not in the firing line. You have to take responsibility for what you post.\n4. Please refer to our Community Guidelines and Safety Tips for additional Dos and Don’ts, and\ninformation on staying safe.\n5. If you are concerned about how your data is being used by Badoo then please refer to our Privacy\nPolicy, which explains how we treat your personal data and protect your privacy when you use Badoo.\nBy using Badoo, you agree that we can use such data in accordance with our Privacy Policy. Our\nwebsite and apps also use cookies or similar technologies which we tell you more about here. You may\nset your browser and your mobile settings to block cookies and local storage devices, but if you do so,\nyou may not be able to access the features that Badoo offers.\nThe full legal bit\nBadoo is a social media website and app designed as a forum for meeting new people, a place to have\ndiscussions and to share photos, news and information. It is intended to be a fun place to visit and it is\nimportant to us (and for you) that it remains a safe and friendly environment so you agree that you will only\nuse Badoo in a manner consistent with its purpose and which is in accordance with these terms and\nconditions, as well as the Badoo Community Guidelines and Safety Tips (the “Terms”). When we mention\nBadoo, we mean www.badoo.com, together with affiliated websites and applications.\nThe Terms constitute a binding legal agreement between you as user (“you”) and the Badoo Group (“we” or\n“us”). The Badoo Group includes, but is not limited to, Badoo Trading Limited (an English company whose\nregistered office is at The Broadgate Tower, Third Floor, 20 Primrose Street, London EC2A 2RS), Social\nOnline Payments Limited (a company incorporated in Ireland under company number 496494) and Social\nOnline Payments, Inc. (a company incorporated in Delaware under company number 5214252).\nThe Terms apply whenever you visit Badoo, whether or not you have chosen to register with us, so please\nread them carefully. By accessing, using, registering for or receiving services offered on Badoo you are\naccepting and agreeing to be bound by the Terms.\nIF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR\nSITE.\n1. Use of the app and site and rules relating to Content\n\nWho can use Badoo?\nBadoo is a meeting place for adults. You may only use Badoo, including any of its features, or become a\nregistered member if you are 18 years old or older (or the age of majority in the country in which you reside if\nthat happens to be greater than 18).\nYou warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that\nby using Badoo you will not be violating any law or regulation of the country in which you are resident. You\nare solely responsible for your compliance with all applicable local laws and regulations.\nYou further warrant that you have not been convicted of, nor are subject to any court order relating to\nassault, violence, sexual misconduct or harassment.\nWhat kind of content can I post or upload on Badoo?\nYou are able to post or upload all kinds of things on Badoo, including photographs, emails, messages and\nother content (“Content”).\nThere are some rules about what is acceptable though, so when you are using Badoo you may not post, send\nor upload any Content which:\n1. contains expletives or language which could be deemed offensive or is likely to harass, upset,\nembarrass, alarm or annoy any other person;\n2. is obscene, pornographic or otherwise may offend human dignity;\n3. is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm,\nsuicide, racism, sexism, hatred or bigotry;\n4. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the\nsubmission of which in itself constitutes committing a criminal offence;\n5. is defamatory;\n6. relates to commercial activities (including, without limitation, sales, competitions and advertising, links\nto other websites or premium line telephone numbers);\n7. involves the transmission of “junk” mail or “spam”;\n8. impersonates a person, company or brand with the intent to deceive or confuse others;\n9. contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code\ndesigned to interrupt, damage or limit the functionality of or disrupt any software, hardware,\ntelecommunications, networks, servers or other equipment, Trojan horse or any other material\ndesigned to damage, interfere with, wrongly intercept or expropriate any data or personal data\nwhether from Badoo or otherwise;\n10. itself, or the posting of which, infringes any third party’s rights (including, without limitation,\nintellectual property rights and privacy rights);\n11. shows another person where such Content was created or distributed without that person’s\nknowledge, and without that person having been afforded an opportunity to refuse such creation or\ndistribution; or\n12. contains images of children, even if you are also in the photo, or endangers minors.\nPlease use your common sense when picking the Content that you choose to post on, upload or send via\nBadoo because you are solely responsible for, and bear all liability in relation to, such Content.\n\nWe use a combination of automated systems and a team of moderators to monitor and review accounts and\nmessages for content that indicates breaches of these Terms. If you repeatedly infringe our rules, you may\nbe prevented from using Badoo and we may restrict your access to Badoo, disable your account or block you\nfrom further use of Badoo. We may remove any Content you submit to Badoo if we believe it violates the\nTerms or we are required to do so by applicable law.\nAre there any rules relating to personal data like my email address?\nYou may not display any personal contact or banking information on your individual profile page (“Profile”)\nwhether in relation to you or any other person (for example, names, home addresses or postcodes,\ntelephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If\nyou do choose to reveal any personal data about yourself to other users, whether via email or otherwise, it is\nat your own risk. We encourage you to use the same caution in disclosing details about yourself to third\nparties online as you would under any other circumstances. You are required to follow our Guidelines and\nSafety Tips when doing so.\nWhat about other people’s personal data, can I use it?\nYou may only use other Badoo users’ personal data to the extent that your use of it matches Badoo’s\npurpose of allowing people to meet one another. You may not use other users' information for commercial\npurposes, to spam, to harass, or to make unlawful threats. Badoo reserves the right to terminate your\naccount, or prevent access to its features if you misuse other users' information.\nWho can see the Content that I put on Badoo?\nWhen you upload Content to Badoo it can be accessed and viewed by the general public. If you do not want\nsuch Content to be viewed by others, then you can opt to use the private folders and select the person to\nwhom you wish to give access. If you still do not want such Content to be viewed by others, then you should\nnot upload it to Badoo. We reserve the right (without obligation) at our sole discretion and without giving you\nnotice, to remove or edit, limit or block access to any Content that you upload or submit to Badoo without\nany incurring liability to you. We have no obligation to display any Content that you submit to Badoo, nor to\ncheck the accuracy or truthfulness of any Content submitted to Badoo, nor to monitor your use or the use of\nother users of Badoo.\nAnything else I need to know?\nWhen you use Badoo you agree to the Terms, and in return we grant you a limited, personal, non-exclusive\nand non-transferable licence to use and to upload Content and to use Badoo solely for your personal use.\nApart from this licence, you have no other rights in the use of the site, app, or its Content or features, and\nyou may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in\nany way exploit any of the site or Content in any manner. If you breach any of the Terms, the above licence\nwill terminate automatically and you must immediately destroy any downloaded or printed Content.\n2. Ownership of Content\nOnce I have uploaded Content on Badoo, do I still own it?\nYes (provided you are the rightful owner in the first place — please see our other rules regarding posting\nContent that doesn’t belong to you).\nPlease note though that by posting, uploading or sending Content on Badoo you represent and warrant to us\nthat:\n\n1. you are either the exclusive author or owner of that Content and in all cases you agree that you waive\nany and all moral rights relating to that Content (including, without limitation, any rights to be identified\nas the author);\n2. you have been granted a licence that allows you to use, post or upload the Content; or\n3. you have obtained appropriate consent or authority to use, post or upload such Content.\nPlease note that by posting, uploading or sending Content on Badoo you represent and warrant to us that\nyou have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide\nlicence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting,\ntranslating, reformatting, creating derivative works from, incorporating into other works, advertising,\ndistributing and otherwise making available to the general public such Content, whether in whole or in part\nand in any format or medium currently known or developed in the future).\nWe may assign and/or sub-license the above licence to our affiliates and successors without any further\napproval by you.\nWe have the right to disclose your identity to any third party who is claiming that any Content posted or\nuploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right\nto privacy or any other law.\nWho does the rest of the Content on Badoo belong to then?\nUs! All text, graphics, user interfaces, trademarks, logos, sounds and artwork on Badoo are owned,\ncontrolled or licensed by us and are protected by copyright, trademark and other intellectual property law\nrights.\nCan I use any of the Content that doesn’t belong to me?\nOther than in relation to Content submitted by you to Badoo, you do not have any rights in relation to the\nContent on Badoo and you agree that you will not use any Content in any manner which may infringe ours or\nany third party’s rights. This means that you agree that you will not copy, modify, adapt, distribute, publish or\nsell all or any part of the Badoo site or the Content contained on it (other than the Content submitted by you)\nto anyone else.\n3. Paid for services\nWhat can I buy on Badoo?\nBadoo offers you the opportunity to pay for certain services offered on the site. Badoo’s premium services\ninclude various opportunities to find and meet additional people, to customise your profile and to boost your\nprofile so more people find you. Badoo also offers the ability to play various games on the site. All of these\npremium services can be purchased after you register, and you may subscribe to the premium services for\nvarious lengths of time.\nOnce you have paid for any premium services, you have the right to cancel and be reimbursed for all\npayments received within 14 days. If you wish to cancel please let us know via Feedback Page. Please note\nthat if you choose to download any of the Content which forms part of any paid for service within the 14 day\nperiod, you may lose this right. After the 14 days have expired, the paid for services are non-refundable.\nYou can change your Auto Top-up at anytime in your payment settings on your profile page. The pricing may\nvary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other\ndiscounts.\n\nPaid for services are not available in sanctioned countries.\nHow do I renew my premium services with Badoo?\nOnce you have requested a Badoo premium service, you authorise Badoo to charge your chosen payment\nmethod. If you want to cancel or change your payment method at any time, you can do either via the\npayment settings option under your profile or by contacting your mobile service provider. If your chosen\npayment method is via your mobile service provider, then please check with them about their payment\nterms, as their payment terms will govern how payments to Badoo are made as well as how such payments\nmay be changed or cancelled. Your subscription to Badoo’s premium services will automatically renew until\nyou decide to cancel, and if you have enabled the Auto Top-up feature, your account will automatically be\ntopped up until you decide to disable this feature.\nCan I transfer any of my paid for services to another Badoo user?\nIf you elect to partake in any of the games, premium features or range of services designed to improve your\nBadoo user experience, you agree to use these services for yourself and not to transfer (for free or as a sale)\nto or purchase, or sell such services from other Badoo users. Badoo reserves the right not to honour any\npaid for services where you have attempted to transfer those services to another use or you have attempted\nto buy those services from another user. Badoo will only provide paid for services to you if you are the\nperson to whom it was issued.\nDo my credits last forever?\nNo. We reserve the right to expire any unused credits expire 6 months (unless the credits are purchased\nthrough Itunes). If you delete your account or if your account is terminated by us due to breach of these\nTerms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them\nat any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree\notherwise in writing.\nPlease refer to the Service Conditions on your ‘top-up’ page for further details relating to your payments.\n4. Access to the app and site\nDo you guarantee that Badoo will be up and running at all times?\nUnfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the app or\nsite or they may be affected by a fault or circumstances which are outside our control, so Badoo is provided\non an “as is” “as available” basis. No warranty is given about the quality, accuracy, functionality, availability\nor performance of Badoo and we reserve the right to suspend, withdraw, amend, modify or vary the service\nprovided on Badoo without notice and without incurring any liability to you.\nWhat about mobile access?\nYou are responsible for making all the necessary arrangements to ensure you can access Badoo (including,\nbut not limited to Internet provider and mobile internet provider fees and, any other charges associated with\nsuch access). We shall not be held responsible for any reduced functionality you may encounter as result of\nor in connection with accessing Badoo through mobile services or any similar service currently known or\ndeveloped in the future.\nBy accessing Badoo or agreeing to receive messages or notifications from Badoo through your mobile phone\nand/or any other connected media device, you accept that you may incur charges from your internet or\nmobile service provider. We shall not under any circumstances be liable for such charges.\n\nI’m not registered and I can’t seem to access some Content or features on the app or site. Why is\nthat?\nNon-registered users are able to access only that portion of Badoo that is publicly available. They will not\nhave a Profile but may have limited ability to upload any Content. The extent of registered users’ access to\nBadoo will depend on certain criteria relating to their Profile being met. We may change or update the criteria\nfrom time to time without prior notice and at our discretion.\n5. Termination of use by you\nThey say that you can have too much of a good thing… what do I do if I want to “unregister”\nmyself from Badoo?\nIf you have registered on Badoo, you can terminate your registration at any time by going to the ‘Settings’\ncontrol on Badoo when you are logged in and choosing the ‘delete profile’ link. We save your profile\ninformation in case you later decide to restore your account. Many users deactivate their accounts for\ntemporary reasons and in doing so expect us to maintain their information until they return to Badoo. You will\ntherefore be able to restore your account and your profile in its entirety within 28 days of de-activating it.\nOnce your registration is terminated, we have the right to delete any related Content that you have submitted\nor uploaded on to Badoo. For further details, please refer to our Privacy Policy.\nContent that you have uploaded to Badoo, other than your Profile (such as comments or email messages),\nmay still appear on Badoo following termination of your registration.\n6. Abuse/Complaints\nSomeone is not obeying the Terms, who do I tell?\nYou can report any abuse or complain about Content on Badoo by contacting us via Feedback page,\noutlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the\n‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any\nadditional information you think fit.\nWe will always try our best to help resolve any issue that you may encounter with our service. If your\ncomplaint or dispute remains unresolved, however, you may be eligible to use the European Commission’s\nonline dispute resolution platform here.\n7. Privacy Policy\nDo you have guidelines in place about what you can do with my personal data?\nWe process information in accordance with our Privacy Policy which is incorporated into these Terms and\nConditions of Use. Please read the terms of our Privacy Policy prior to using Badoo. By using Badoo, you\nagree to such processing and you warrant that all data provided by you is true, correct and accurate.\n8. Links\nAre the links on the app or site anything to do with Badoo?\nBadoo may contain links to other sites, resources and purchase opportunities provided by third parties.\nThese links are provided to you for your information only. If you access these links you may be directed to\nthird party sites. These third party sites will have their own terms of use and privacy policies, which may\ndiffer from the Terms. The display of links to third party sites does not constitute an endorsement by us of\nany of the third party content information, sites, or resources provided.\n\nPlease note that we have no control over the contents of any third party sites or resources, and we accept no\nresponsibility for them, including (but not limited to) the third party site’s compliance with any applicable\nlaws or regulations.\n9. Disclaimer of warranties and limitation of liability\nI forgot the rules about conduct on here and now someone is threatening to sue me. Will your\nlawyers sort it out?\nNo. If you act in a way that upsets other users then you have to be responsible for the consequences. We\nexpressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of\nBadoo, and expressly disclaim any liability for Content uploaded by you or by any other user.\nMy friend is a lawyer and says that you can’t exclude liability for everything…\nNothing in the Terms limits or excludes our liability for:\n1. death or personal injury caused by our proven negligence;\n2. fraud or fraudulent misrepresentation; or\n3. any liability which cannot be limited or excluded by law.\nTo the fullest extent permitted by law, Badoo expressly excludes:\n1. all conditions, representations, warranties and other terms which might otherwise be implied by\nstatute, common law or the law of equity; and\n2. any liability incurred by you arising from use of Badoo, its services or these Terms, including without\nlimitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever\nnature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential\ndamages (however arising including negligence), loss of use, loss of data, loss caused by a computer\nor electronic virus, loss of income or profit, loss of or damage to property, wasted management or\noffice time, breach of contract or claims of third parties or other losses of any kind or character, even\nif Badoo has been advised of the possibility of such damages or losses, arising out of or in connection\nwith the use of Badoo. This limitation on liability applies to, but is not limited to, the transmission of\nany disabling device or virus that may infect your equipment, failure or mechanical or electrical\nequipment or communication lines, telephone or other interconnect problems (e.g., you cannot access\nyour internet service provider), unauthorized access, theft, bodily injury, property damage, operator\nerrors, strikes or other labor problems or any act of god. in connection with Badoo including, without\nlimitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss\nof anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other\nloss or damage of any kind, however arising and whether caused by tort (including, but not limited to,\nnegligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.\nBadoo’s total liability to you in respect of losses arising under or in connection with the Terms, whether in\ncontract, tort (including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed\n£20.\nWhat about the reliability of Badoo and the information contained on it?\nBadoo has taken reasonable steps to ensure the currency, availability, correctness and completeness of the\ninformation contained on Badoo and provides that information on an \"as is\", \"as available\" basis. Badoo does\nnot give or make any warranty or representation of any kind about the information contained on Badoo,\nwhether express or implied. Use of Badoo and the materials available on it is at your sole risk. Badoo cannot\nbe held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by\nusers. You are responsible for taking all necessary precautions to ensure that any material you may obtain\n\nfrom Badoo is free of viruses or other harmful components. You accept that Badoo will not be provided\nuninterrupted or error free, that defects may not be corrected or that Badoo, or the server that makes it\navailable, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Badoo is not\nresponsible for any damage to your computer hardware, computer software, or other equipment or\ntechnology including, but without limitation damage from any security breach or from any virus, bugs,\ntampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or\nnetwork failure or any other technical or other malfunction. In the unlikely event that any defect is discovered\nwithin Badoo, we will use every effort to repair or fix the defect free of charge, without significant\ninconvenience to you, as soon as practicable.\n10. Indemnity\nI forgot the rules about conduct on here and now someone is threatening to sue YOU. What now?\nIf we are sued as a result of your use of Badoo then we have the right to defend or settle the relevant claim\nas we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any\nrelevant claim.\nYou agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives\nand licensors from and against any third party claims, damages (actual and/or consequential), actions,\nproceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered\nor reasonably incurred by us arising as a result of, or in connection with, your access to and use of Badoo,\nthe uploading or submission of Content to Badoo by you or your conduct, other than in accordance with the\nTerms or any applicable law or regulation (“Claim”). Badoo retains the exclusive right to settle, compromise\nand pay any and all Claims or causes of action which are brought against us without your prior consent.\n11. Miscellaneous\nWhat about all of those standard clauses that you see at the end of most contracts? They’re the\nbest bit!\nAs you asked so nicely…\nThe Terms and any dispute or claim arising out of or in connection with it or its subject matter (including\nnon-contractual disputes or claims) shall be are governed by and construed in accordance with English law.\nIn the event there is a discrepancy between this English language version and any translated copies of the\nWebsite Terms and Conditions, the English version shall prevail.\nWe reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the\nChanges will be posted on this page and we will indicate the effective date of the updates at the bottom of\nthe Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should\nregularly check this page to take notice of any Changes.\nIf you do not accept any Change to the Terms, you should stop using Badoo immediately. Your continued use\nof Badoo following any Change constitutes your acceptance of the Change and you will be legally bound by\nthe new updated Terms.\nIf, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of\na competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed\nand deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and\ncontinue to be binding and enforceable.\n\nThe Terms set out the entire agreement and understanding between us and you in relation to your use of\nBadoo and supersedes all previous agreements, representations and arrangements between us (either oral\nor written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.\nNo failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver\nof such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either\nparty of any right, power or privilege preclude any further exercise of that right or the exercise of any other\nright, power or privilege.\nNothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to\nenforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 which shall not apply to\nthe Terms.\nAbout us\nwww.badoo.com is an app and site owned and operated by Badoo Trading Limited.\nWe are registered in England under company number 07540255.\nOur registered office is at The Broadgate Tower, Third Floor, 20 Primrose Street, London EC2A 2RS.\nEffective date\nThe Terms were last updated on: 30 March 2021.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"EliteSingles","url":"https://www.elitesingles.ie/terms","lang":"ENG","sector":"Dating","hq":"Germany","hq_category":"EU","is_public":"Public","is_paid":"Optionally paid","date":"April 2017"},"document":{"title":"","text":"For information on how to use the service or for a simple cancellation\nof your membership, please see our help section. If you have any\nquestions, please contact our customer care team.\nTerms & Conditions for ELITESINGLES – Updated: April 2017\nThe following information, together with the Privacy\nPolicy defines the conditions under which the use of\nELITESINGLES is operated by Spark Networks Services\nGmbH, Kohlfurter Straße 41/43, 10999 Berlin (hereinafter\n“ELITESINGLES”).\nOnly these Terms and Conditions apply to any contract made\nbetween us in relation to services provided by ELITESINGLES.\nThese conditions are accepted by the entirety of our\ncommunity during the registration stage by checking the option\nentitled “I accept the Terms and Conditions & Privacy Policy.”\nAny deviations from these specified conditions are not\naccepted.\n1. Description of the scope of service\n1. ELITESINGLES operates an Internet online dating and\nmatchmaking platform, and provides customers with both\nfree and paid services. The customer receives access to the\nELITESINGLES database that contains profiles and\ninformation about other members.\n2. All customers can register for free, take the personality test,\ncreate a profile and receive individual partner suggestions\nwith the “basic membership”.\n3. Basic members still have the option to subscribe for “paid\nmembership”. However, an obligation to pay only arises\nwhen the customer confirms the order of the paid\nDating in Ireland\nDonegal dating – Find love\nwith EliteSingles \nSligo singles: meet your\nmatch with us! \nDating Cork – boost your\nchances of finding love \nDating in Dublin – find love\nwith us \nDating in Wexford – Find\nlove close to home \nMore articles\nTerms & Conditions\n a\nwoman\n a man\n a\nwoman\n a man\nI am\nI am looking\nfor\nE-mail\naddress\nE-mail address\nPassword\nPassword\nI accept the Terms &\nConditions. My data is\ncollected pursuant to\nthe Privacy Policy. I will\nreceive updates & special offers.\nGET STARTED\n\nmembership and associated payment with a click. Prior to\ntaking out a subscription, members are informed about all\nTerms and Conditions regarding this payment (price,\nduration etc.)\n4. ELITESINGLES is entitled to engage third party service\nproviders and agents for the whole spectrum of the\nELITESINGLES service. However, this should not negatively\nimpact the customer.\n5. ELITESINGLES cannot guarantee successful\ncommunication with other members. ELITESINGLES is not\nresponsible if, during the contract period, no contact is\nmade. However, this does not apply if, as part of a paid\nmembership, a ‘Contact Guarantee’ is agreed. If a “Contact\nGuarantee” is agreed, the following special conditions apply:\nwith a 6 month contract a minimum of 10, and with a 12\nmonth contract a minimum of 20 contacts are guaranteed. A\n“Contact” is defined as: (i) a self-written message from\nanother member that you receive in response to sending a\nsmile, questions or a message, (ii) any message you write\nyourself in response to a ‘smile’ or questions or a message\nfrom another user. Further prerequisites for a claim under\nwarranty are: that you need to have sent at least 4 self-\nformulated messages for a six-month membership, and at\nleast 8 for a twelve-month membership; that the “My Profile”\nand “My Search” sections have been completely filled; that\nyou have set at least one profile picture; that you still have\nan active paid account; that you have regularly logged on to\nyour account; and that you\nnotify [email protected] via email within the standard\nnotice period (at least 14 days prior to the expiry of your\naccount) about the failure to meet the conditions of the\nagreed “Contact Guarantee”. If a judgment is made in your\nFind a match: how\nmuch choice do you need? \nDonegal dating – Find\nlove with EliteSingles \nSligo singles: meet\nyour match with us! \nUnderstanding\ninfidelity: why do people\ncheat? \nLove without sex: can\nit work? \n\nfavour, under warranty you will be entitled to a new\nsubscription of an equal length to your original contract at no\nadditional cost.\n6. ELITESINGLES will block or remove from its site any\noffensive or incorrect communication or information, and any\ncommunication or information which it reasonably suspects\ninfringes any applicable laws, regulations or third party rights\n(such as material that is obscene, indecent, pornographic,\nseditious, offensive, defamatory, threatening, liable to incite\nracial hatred, menacing, blasphemous or in breach of any\nthird party intellectual property rights) that becomes known\nto it; but ELITESINGLES has no obligation to customers,\nand undertakes no responsibility, to review any\ncommunication or information provided by customers for\nincorporation into the ELITESINGLES service.\n7. ELITESINGLES ensures service availability for 99.7% of the\ncalendar year. This does not include failures of the service,\nfor example for essential maintenance or technical failures\nof the Internet.\n8. To be able to use the ELITESINGLES service in full, the\ncustomer should use the latest (browser-) technologies and\nmake sure the necessary settings and installations for use\nare in place (e.g. activation of JavaScript, cookies). When\nusing older or not commonly used technologies, free and\npaid members may only have a limited use of the\nELITESINGLES service.\n9. Our database of eligible singles is comprised of individuals\nfrom The Republic of Ireland, Northern Ireland, Scotland,\nEngland and Wales. If you want to avoid matches with\nsingles from outside your country, please set your distance\npreferences to the strictest settings possible.\n\n2. Access / Contract Confirmation\n1. In order for customers to access ELITESINGLES services\nthey must register. For the registration the customer requires\na valid e-mail address and a self-chosen password.\n2. Customers must be at least 18 years of age to register.\n3. Customers must have a permanent address in the UK or\nIreland to register. We cannot guarantee full functionality\noutside of this area\n4. Once an email address and password are entered into our\nwebsite, registration is considered complete. The registered\nuser then enters into a contractual relationship with\nELITESINGLES for a free membership. This is governed by\nthe provisions set out in these terms and conditions.\n5. After registration, the customer receives a notification via e-\nmail confirming the contract for the free membership.\n6. An order for paid membership is confirmed once the\nregistered customer clicks the final payment button\n“Purchase (via secure server)”, after entering their payment\ninformation. This customer then enters into another\ncontractual relationship with ELITESINGLES, in addition to\nthe free membership.\n7. The registration/order process allows customers to check\nand amend any errors before submitting their registration\nform or order to ELITESINGLES.\n8. The customer will be informed before the conclusion of a\nfee-based contract about the features of each chargeable\nservice, prices and payment terms.\n9. The contract for the paid membership comes into effect with\nthe sending of the order confirmation e-mail sent by\nELITESINGLES.\n\n10. In the confirmation e-mail the customer is sent an electronic\ncopy of the contract data (membership information), as well\nas the time of registration and applicable terms and\nconditions for their own records. The customer therefore has\nthe opportunity to save or print the contract data as well as\nthe terms and conditions. The contract information is also\nstored by us.\n11. If the customer does not pay any amount due under the\ncontract, ELITESINGLES is entitled to suspend the\ncustomer’s access temporarily until the outstanding\npayment is received or to terminate the contract. The\ncontract period shall remain unaffected by the temporary\nclosure.\n3. Terms of Payment\n1. The following payment methods are accepted: credit card or\npayment via PayPal.\n2. The invoice amount for the chosen timeframe is paid to\nELITESINGLES in advance without any deductions.\n3. With the completion of the paid membership duration (the\nreaching of the end date of a paid subscription) and the\ndisclosure of payment details, the customer grants\nELITESINGLES permission to process payment.\n4. Data Use, Data Sharing and Data\nForwarding\n1. ELITESINGLES takes care to respect the legal data\nprotection regulations, in particular the EU Data Protection\nDirective 95/46/EC.\n2. For information about the handling of personal information\nwithin the ELITESINGLES service please see the Privacy\nPolicy.\n\n5. Cancellation, Automatic Renewal,\nTermination\n1. The cancellation of the free membership (deleting the\nprofile) is possible at any time. To do this click on the\n“Member Account” tab under “My Membership.”\n2. Every contract for the paid membership is automatically\nextended at the end of the contractually agreed period for\nthe same duration as agreed for the original subscription if\nthe customer does not give notice to cancel his/her contract\nat least 7 days before the expiry of the agreed term.\n3. The termination of the paid membership is only effective if\nthe notice of termination or cancellation has been made in\nwriting (e.g. letter, fax or email).\n4. For the written notice we ask you to specify your\nELITESINGLES email address or your security code, so that\nwe can uniquely authenticate your claim and protect against\npossible abuse. The written notice should be sent to:\nSpark Networks Services GmbH\n\n– Customer Care –\n\nKohlfurter Straße 41/43\n\n10999 Berlin\nFax: +49 (30) 868 000 311\nEmail: [email protected]\n5. After termination of the paid membership, the status of the\ncustomer is automatically changed to free membership with\nthe resulting limited scope of use.\n6. Both parties retain the right to terminate paid and unpaid\nmembership if an Event Outside Our Control takes place. An\nEvent Outside Our Control means any act or event beyond\nour reasonable control, [including without limitation strikes,\n\nlock-outs or other industrial action by third parties, civil\ncommotion, riot, invasion, terrorist attack or threat of terrorist\nattack, war (whether declared or not) or threat or preparation\nfor war, fire, explosion, storm, flood, earthquake,\nsubsidence, epidemic or other natural disaster, or failure of\npublic or private telecommunications networks].\nELITESINGLES will not be liable for any failure to perform or\ndelay in performance of, any of its obligations under these\nTerms and Conditions that is caused by an Event Outside\nOur Control.\n7. Once ELITESINGLES has begun to provide the services,\neither party may terminate the contract with immediate effect\nby giving written notice to the other party (in the manner\nspecified in paragraph 3 above where the customer is the\nterminating party) if the contract is broken in a material way\nand the offending party does not fix or correct the situation\nwithin 14 days of the innocent party asking the offending\nparty to fix or correct the situation in writing.\n8. The right of termination provided for in this section 5 is in\naddition to that provided for under the Cancellation Policy\nset out at the end of these Terms and Conditions\n6. Liability of ELITESINGLES\n1. If ELITESINGLES fails to comply with these terms and\nconditions, ELITESINGLES is responsible for loss or\ndamage the customer suffers that is a foreseeable result of\nits breach of these Terms and Conditions or its negligence,\nbut ELITESINGLES is not responsible for any loss or\ndamage that is not foreseeable. Loss or damage is\nforeseeable if they were an obvious consequence of\nELITESINGLES‘ breach or if they were contemplated by the\ncustomer and ELITESINGLES at the time the parties\nentered into the contract.\n\n2. ELITESINGLES does not exclude or limit in any way its\nliability for:\n\ni) death or personal injury caused by ELITESINGLES‘\nnegligence;\n\nii) fraud or fraudulent misrepresentation;\n\niii) any other liability which cannot be limited or excluded by\napplicable law.\n3. The foregoing limitation of liability shall apply to all officers,\nemployees and agents of ELITESINGLES.\n7. Responsibilities and Obligations of the\nCustomer / Prohibited Practices /\nExemption\n1. The customer is alone responsible for the content of their\napplication and therefore for the information he/she provides\nabout himself/herself.\n2. The customer assures that the data given are true and\ndescribe him/her personally. Both parties agree that\nELITESINGLES has the right, but not the obligation, to verify\nthe accuracy of the data if necessary.\n3. To ensure the integrity of the contact mediation services, the\ncustomer acknowledges that he/she use the service of\nELITESINGLES with the intention of seeking a partner for a\nserious relationship and is not in a relationship at the time of\nregistration.\n4. The customer assures that he/she does not pursue\ncommercial and/or business purposes in connection with\ntheir membership. She/he agrees not to use the contact\nportal for commercial or business purposes (see below,\npoint “g”).\n\n5. The customer assures that in the context of offers and\nservices from ELITESINGLES he/she will not use any\nphotographs, text, software or any other copyrighted\ninformation without having the necessary rights or consents\nfor them.\n6. The customer complies with all applicable laws for\nregistration and use of the contact portal.\n7. The customer may in particular under no circumstances\n(prohibited conduct):\n1. intentionally declare the data of third parties (including\nemail address) as their own. In particular, he/she must\nnot provide the bank account or credit card information of\nthird parties;\n2. make personal information, such as names, telephone\nand fax numbers, residential and e-mail addresses,\nphoto-/video data and / or URLs known to third parties\nwithout the consent of its respective owner;\n3. distribute defamatory, offensive, or otherwise unlawful\nmaterial or such information;\n4. threaten or harass other people, or harm the rights\n(including personality rights) of any third party;\n5. upload data containing a virus (infected software);\n6. use the service in a way which affects the availability of\noffers for other customers adversely, especially to write\nproprietary profile information in a language other than\nEnglish;\n7. intercept e-mails or try to intercept them;\n8. to carry out advertising for other contact portals;\n\n9. send chain letters;\n10. to name in the personal description (profile) names,\naddresses, telephone or fax numbers, e-mail addresses,\nuser names, or other contact data from messenger\nservices or other Internet services;\n11. to give logins and personal passwords to third parties or\nshare those with third parties;\n8. An inadmissible commercial or business use in the sense of\nthis provision is in particular:\n1. the provision of goods or services in return for payment of\nany kind, the solicitation of making an offer, or a\nreference to an attainable offer elsewhere;\n2. the usage of commercial internet sites for advertising,\nparticularly those sites that offer chargeable goods or\nservices that are used for displaying or advertising\ncompanies or for advertising other commercial web sites.\nThis is especially true for advertising in the form of pop-\nups, banner ads or flashy or particularly highlighted links;\n3. linking (directly or indirectly) to the contact portal of\nanother operator;\n4. the naming of value-added service numbers (in particular\n0900 numbers) or value-added SMS numbers (premium\nSMS) under this contact portal;\n5. the contact for the purpose of subsequent profit,\nespecially by subsequent reference to value-added SMS\nor 0900 numbers;\n6. the search for employees, models, etc. for agencies or for\nchargeable service providers;\n\n7. the business of collecting profile data that is accessible\nwithin the contact portal or asking about data (e.g.\ntelephone-/mobile number) of other customers, e.g. for\nthe purpose of commercial exploitation, or promotion or\nresale;\n8. to make advertising to other clients of the service or to\nother customers in any form for business offers and the\nsending of messages that serve a business purpose. This\nrelates in particular to the setting of relevant links in the\ndata profiles or sending messages with the internal\ncommunication systems.\n9. If the customer breaches any of the obligations listed in this\nsection 7, ELITESINGLES can be entitled to require\ncompensation for any resulting damage or expenses. This\ndoes not apply if the user did not know he or she was\ncommitting a breach of section 7 and was not reckless in the\nsense of not caring whether or not he or she was committing\na breach of section 7.\n8. Blocking on Suspicion\n1. ELITESINGLES is entitled, in the case of a complaint from a\nthird party, and on suspicion of a violation or breach of these\nterms and conditions, to delete the member’s content, which\ntriggered this suspicion or complaint. The complaint itself,\nhowever, does not serve as justifiable grounds for\nELITESINGLES to terminate the member’s contract. For\ntermination of the contract, a breach of the conditions\nspecified in these Terms and Conditions has to be identified.\n2. If a warning is deemed reasonable by ELITESINGLES,\nELITESINGLES must give the customer the opportunity to\neliminate the suspicion or to remedy the situation before\nblocking or removing the content. If a warning is not\nreasonable, for example, because the blocking or removal is\n\nneeded to prevent a possible damage to ELITESINGLES or\nanother customer, ELITESINGLES will inform the customer\nimmediately afterwards about the blocking or removal and\nthen give them the opportunity to comment and request\nhelp.\n3. ELITESINGLES can always delete the content or keep the\nprofile blocked when ELITESINGLES is requested to do so\nby a court or by state authorities, or if the contract is\nterminated in accordance with these Terms and Conditions.\nThe same applies if the cancellation or revocation is\nnecessary to prevent an imminent harm to ELITESINGLES\nor another customer.\n4. The customer’s obligation to pay the contractually agreed\nremuneration as part of a paid membership remains\nunaffected by the blocking of content. If the customer’s\naccess to the paid membership was blocked and the closure\nin hindsight proves to be unwarranted, the duration of the\npaid membership will be extended accordingly. If an\nextension is not possible or objectively unreasonable,\nELITESINGLES will reimburse the blocking period and the\ncorresponding fee.\n9. Cancellation Policy\n9.1 Right of Withdrawal\nYou have the right to cancel this contract within 14 days\nfrom the date the contract begins.\n\nTo exercise your right of withdrawal you must notify us via\none of the following channels:\nE-mail: [email protected]\nIn writing:\n\nSpark Networks Services GmbH,\n\nCustomer Service,\n\n\nKohlfurter Straße 41/43,\n10999 Berlin,\n\nGermany\nFax: +49 (30) 868 000 311\nThe withdrawal notification must contain a clear statement\nof your decision to withdraw from the contract. You can\nuse the Withdrawal Form to inform us of your intent to\ncancel. If you wish, you can also fill out the form\nelectronically via our website:\nhttps://support.elitesingles.ie/hc/en-ie/requests/new\nOnce we have received your withdrawal request, we will\nsend you confirmation via e-mail. In order to ensure that\nthe withdrawal notification is received within the correct\ntime frame, please ensure that all documentation is sent\nand received within the 14 days withdrawal period directly\nfollowing the initiation of your contract.\n9.2 Effects of Withdrawal\nIf you withdraw from this contract, we will refund\npayments that we have received from you, including\ndelivery costs (with the exception of the additional costs\narising from the fact that you have chosen a type of\ndelivery other than that offered by us). Reimbursement of\nyour membership fees will be affected without delay and at\nthe latest within 14 days from the date on which the notice\nis received through your cancellation of this contract with\nus. For this repayment, we use the same method of\npayment that you used for the initial transaction, unless\nyou explicitly agreed otherwise. You will not be charged\nfees for this repayment.\n9.3 Cancellation and Consequences\n\nAfter the initial 14 days of your first subscription, your\nRight of Withdrawal expires. You will then be able to stop\nthe renewal of your current contract by using your option\nof cancellation. After cancellation of the paid membership,\nyour status is automatically changed to a free membership\nwith the resulting limited scope of use. Early cancellation\ndoes not entitle you to any reimbursement or refund for\nthe remaining duration of the contract, and you are still\nliable for any outstanding payment due for the originally\nagreed subscription term. You must satisfy obligations to\nreimburse payments within 30 days after dispatch of your\nwritten notice. More detailed information about\nCancellation, Renewal and Termination can be found in the\nabove Section 5.\nWithdrawal form\n\n(This form should be completed and returned only if you wish\nto withdraw from the contract)\nTo:\n\nSpark Networks Services GmbH\n\nEliteSingles Customer Care\n\nKohlfurter Strasse 41/43\n\n10999 Berlin, Germany\nE-mail: [email protected]\nFax: +49 (30) 868 000 311\nI hereby give notice that I want to do right of withdrawal in\nconnection with my purchase agreement for the provision\nof the following services\nOrdered on:\nName\nAddress\n\nSignature (only if this form is not filled out electronically)\n__________________\nDate:\nEliteSingles » EliteSingles » Terms & Conditions\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":1,"explanation":"When the company reserves the right to change the contract with a valid reason specified in the contract or does not reserve a right to change it at all"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Match.com","url":"https://ie.match.com/","lang":"ENG","sector":"Dating","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Optionally paid","date":"09.02.2022"},"document":{"title":"","text":"Terms of Use\n(Terms of Use revised on 09/02/2022)\nPreamble\nThese Terms of Use are entered into between Match (“we”, “us”) and you.\nWe, as well as other business entities controlled by, controlling, or under common control with us (our\n“Group”) offer a number of dating, matchmaking and social discovery platforms. We provide our products\nand services, some of which are free, some of which are paid for, via desktop, web mobile and apps (the\n“Services”).\nUnless reserved to a certain category of users as may be specifically required upon registration (for\nexample, when available, our services catered for users over 50 years only), our Services are open to\nevery adult above 18 years, provided that they respect the criteria of eligibility statement below. If you are\nunder 18, you are not authorized to access the Services and must immediately stop using them.\n1. Acceptance of Terms of Use\nBy creating an account on our Services, you agree to be bound by our (i) Terms of Use, (ii) Safety Tips,\nand (iii) Community Guidelines, and that you have read and acknowledge our (iv) Privacy Policy and\n(v) Cookie Policy, together with any additional or special terms we may notify you of at the time when you\nuse or buy certain Services, all of which are incorporated in these Terms of Use. If you do not agree to be\nbound by our Terms of Use, you must stop using our Services.\n2. Services Eligibility\nYou can only use our Services under the following conditions. You represent and warrant at all times that:\nYou are over 18 and can enter into a legally binding contract with us.\nYou meet the conditions for registration stated on the Services.\nYou will comply with these Terms of Use, including our Safety Tips, Community Guidelines and all\napplicable laws and regulations.\nYou will provide correct, accurate and true information that is not misleading. In particular, you must\nbe truthful and honest when completing your profile and in your interactions with other users and\nwith us.\nYou acknowledge and agree that the Services’ purpose is to enable single individuals to connect on\na personal, non-commercial and non-financial basis, with the primary goal of forming committed\nrelationships as a couple. You must abide by and be respectful of the Services’ purpose at all times.\nYou are not currently registered on a Sex Offender Register.\nYou have never been convicted of an unlawful act involving fraud, a sexual offence, violence\n(including domestic violence), harassment, terrorism or a hate crime.\nWe reserve the right to decline, suspend or terminate your access or membership at any time if you do not\nmeet any of these conditions.\n3. Registration\nRegistration to our Services is free. You must not create more than one account.\nYou must provide the mandatory information required in order to complete your profile on the Services,\nand keep such information up to date. You acknowledge and agree that some of this information will be\npublished on the Services.\nFurthermore, your profile may be visible on some of our other services in certain circumstances, and thus\navailable for users of other services to view. For more information on your profile visibility and associated\nsettings, please go to the Help page.\nInformation provided by users on the Services, during registration and at any time thereafter, must be\naccurate and true. The consequences that disclosing this information may have on a user’s life or the lives\n\nof other users are the exclusive responsibility of the user concerned. When you disclose and disseminate\ninformation, data, text, content, videos and images about you, you waive your right to make any claim\nagainst us, in particular on the basis of the possible infringement of your image or personality rights,\nhonour, reputation or right to private life that may result from the distribution or dissemination of such\ninformation.\nFor more details on the information we collect from you and how we use it, please consult our Privacy\nPolicy.\nYou are responsible for maintaining the confidentiality of the login credentials you use to sign up for our\nServices, and you are solely responsible for all activities that occur under those credentials. If you think\nsomeone has gained access to your account, please contact us immediately at the address mentioned in\nthe ‘Requests and Claims’ section below.\n4. Rules of Conduct\nThe quality of interactions expected by both us and other users of the Services implies observing a\ncertain level of ethical conduct in your expression and behaviour, respecting users and our Customer Care\nrepresentatives as well as the laws and regulations in force. To meet this standard for quality, individual\nresponsibility and ethics, we allow any user to report any content (photography, text, video, etc.),\nbehaviour or comments made by a user that appears to be in violation of our Terms of Use, Safety Tips,\nCommunity Guidelines, third-party rights and the laws and regulations in force. As a result, by using the\nServices, you acknowledge and accept that the data you provide, as well as your behaviour or comments\nmay be subject to acts of moderation and/or control by us in accordance with our moderation policies.\nAs a user, you must abide by the following rules of conduct at all times and agree that you will not:\nviolate our Community Guidelines, as updated from time to time;\npost any of your personal contact details or disseminate another person’s personal information (e-\nmail address, postal address, telephone number, etc.) in any manner whatsoever (in a Profile\ndescription, in a photo, etc.);\npost any content that violates or infringes anyone’s rights, including rights of publicity, private life,\ncopyright, trademark or other intellectual property or contract right;\nimpersonate any person or entity;\nsolicit passwords for any purpose or solicit personal identifying information for commercial or\nunlawful purposes from other users;\nspam, solicit money from or defraud any user;\nmass send messages;\npost any content that is hate speech, threatening, sexually explicit or pornographic; incites violence;\nor contains nudity or graphic or gratuitous violence;\npost any content that promotes racism, bigotry, hatred or physical harm of any kind against any\ngroup or individual;\ninsult, bully, “stalk,” intimidate, assault, harass, mistreat or defame any person;\nuse the Services for any harmful or nefarious purpose;\nuse the Services in order to damage us or our Group;\nuse the Services for any purpose that is illegal or prohibited by these Terms of Use;\nuse the Services in order to promote or to facilitate personal relationships of a transactional nature\nand/or services of a sexual nature and/or non-consensual sexual acts;\nuse any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual\nor other automatic device, method, process to access, retrieve, index, “data mine”, or in any way\nreproduce or circumvent the navigational structure or presentation of the Services or its contents;\nuse another user’s account, share an account with another user, or maintain more than one account;\ncreate another account if we or our Group have already terminated your account, unless you have\nour permission.\n\nYour breach of any of these rules of conduct constitutes a serious material breach of your contractual\nobligations under these Terms of Use.\nWe reserve the right to suspend or terminate your account without notice and without any refund if you\nhave violated these obligations, misused the Services or behaved in a way that we regard as inappropriate\nor unlawful, including by reference to any action or communication that occurred on or off the Services.\nTo make the Group’s services safer, banned users’ information may be shared within the Group to allow us\nand any of the Group’s platforms to take the necessary actions against unsafe users, including\nterminating their account and/or preventing them from creating an account.\nThis account closure will take effect without prejudice to any damages and interest which may be claimed\nby us from you as restitution for the losses incurred by us as a result of any breach of these Terms of Use.\n5. Services\n5.1 Free features\nYour registration to the Services allows instant access to free features. These features are not the same\ndepending on the type of Services you have registered for and may change over time.\nFree features and functionalities notably include the creation of your account profile, certain search\nfunctionalities, browsing other user’s profiles and access to some events and activities. Communicating\nwith other users generally requires a subscription.\n5.2 Paid-for services\nWe operate a global business and provide Services to a diverse community of users. Our pricing structure\nmay vary by country, length of subscription, distribution channel, special offers and promotions. We\nregularly test new features to provide users with increased functionality and free or paid-for options\nshould they choose to use them. We may also from time-to-time change or stop offering certain types of\nPurchases.\nRecurring subscriptions and/or one-off purchases (“Purchases”) allow access to additional features and\nfunctionalities. The details of such paid-for services (“Paid Service(s)”) are available for you to consult on\nour Services, prior to concluding a Purchase.\n5.3 Events and Activities.\nWhen events or activities are offered, specific terms and conditions are applicable and available from the\npages describing the events or activities.\n5.4 Badges, distinctions and the like\nWe may from time to time offer profile badges, distinctions or similar items for users to obtain depending\nas to whether they fulfil the qualifying criteria to gain that item.\nWe make no representations or warranties regarding the holder of a badge, distinction or similar item, as\nthey are generally earned based on that user’s self-declaration, which we cannot verify.\nProcedure and conditions for Purchases\n6.1 General\n\nDepending on your locality and the way you access the Services (for example via a desktop, a web mobile\nversion, or an app on iOS or Android systems), Purchases may be available via direct billing (for example\nvia a payment card, Paypal, etc.), mobile carriers, in-app payment systems (such as App Store). If you\nchoose to make a Purchase, you will be prompted to confirm your Purchase with the applicable payment\nprovider and your method of payment such as a payment card or your third party account such as App\nStore’s Apple Pay (your “Payment Method”) will be charged at the prices displayed to you for the\nPurchase(s) you have selected and you authorise us and/or Apple or other third party account (as\napplicable) to charge you.\nYour Purchase is confirmed at the point when your financial transaction is authorised and confirmed with\nyour bank or third-party account (such as mobile carriers or Apple’s App Store).\n6.2 Subscription Auto-Renewal; Automatic Card Payment\nIf you purchase an auto-recurring periodic subscription (a “Subscription”), your Payment Method will\ncontinue to be billed for the Subscription until the end of the current Subscription term. After your initial\nSubscription commitment period, and again after any subsequent Subscription period, your Subscription\nwill automatically continue for an additional equivalent period, unless specifically provided otherwise at\nthe time of the Purchase. By purchasing a Subscription, you are contractually committed to continue\nmaking any recurrent payments for the entire Subscription period and any ongoing renewal period, until\nyou have terminated the auto-renewal of a Subscription.\nPlease note that some Subscriptions are the subject of special offers whereby the price is reduced for a\nspecific period of time before renewing at the standard (non-reduced) price.\nYour Payment Method information will be stored and subsequently used for the automatic renewal\npayments of your Subscription. You may update your Payment Method at any time. We may also update\nyour Payment Method on the database provided by the relevant payment service provider. By accepting\nour Terms of Use, following such update you authorise us to continue taking payments due for each\nPurchase (whether a payment instalment or a renewal) using the updated Payment Method.\nObjections to a payment already made should be directed to our Customer Care team at the address\nmentioned in the ‘Requests and Claims’ section below if you were billed directly by us. You may\nunconditionally withdraw your consent to automatic card payments at any time but be advised that you\nare still obligated to pay any outstanding amounts you owe us until the end of the then Subscription\nperiod, provided you have also cancelled the auto-renewal of your Subscription.\n6.3 Right to cancel straight after Purchase\nSubscriptions start upon Purchase confirmation. Pursuant to applicable law, you have 14 days starting\nfrom the day following a Purchase to exercise your right to cancel it (without giving any reason), by filling\nout the cancellation form available here or by writing to the email address listed in the ‘Requests and\nClaims’ section below. The refund will be made within 14 days from the date we were informed of your\ndecision to cancel and will be processed on the same Payment Method you used for the original Purchase.\nIf you connect to your account and use the Services before the end of the cancellation period, this first log\nin following the Purchase of a Subscription constitutes an express request by you to have immediate\naccess to the Services, for which you will be charged.\nYou can find additional information on the Help page about the scope and application of your right to\ncancel.\nPurchase via Apple’s App Store\n\nIf you purchased a Paid Service via the App Store that you wish to cancel within 14 days after Purchase,\ncancellations and refunds are handled by Apple under their own terms and conditions which we do not\ncontrol. To request a refund, you must log in to your Apple ID and follow Apple’s cancellation and refund\ninstructions.\n6.4 Additional third-party services\nThe Services may contain advertisements and promotions offered over any third-party platforms and\nexternal resources such as third-party websites or mobile applications, social networks, etc. (“Third-Party\nPlatforms”). We are not responsible for the availability (or lack of availability) of such Third-Party\nPlatforms. If you choose to interact with Third-Party Platforms made available through our Services, their\nterms will govern their relationship with you. We are not responsible or liable for Third-Party Platform’s\nterms or actions.\nYour termination of Subscription – Profile suspension – Account closure\nSubscription termination (auto-renewal cancellation)\nThe automatic renewal of a Subscription can be stopped from 24 hours after Purchase and until at least\n48 hours before the Subscription is due to renew. We will retain all funds charged to your Payment Method\nuntil the end of the then-current Subscription term.\nDeleting our application from your device does not terminate your Subscription. If you want to terminate\nthe auto-renewal, you will need to log on to your account and follow the instructions.\nOnce you have turned off the auto-renewal, you will then be entitled to continue using your Subscription\nuntil the expiry of its current term. Any remaining payment instalments of the Subscription’s total price\nwill remain due and payable until expiry of the current term. You will then no longer have access to the\nSubscription from the date the current Subscription term expires, but you will still have access to the free\nfeatures.\n7.2 Non-renewal of Subscriptions purchased via the Apple Store\nIf you made a Purchase via Apple, auto-renewals and terminations are handled by Apple under their own\nterms and conditions which we do not control. To request the termination of a Paid Service, you must log\nin to your Apple ID and follow Apple’s instructions.\n7.3 Profile suspension\nIf you no longer wish to receive messages or have your profile shown to other users, you can at any time\nrequest the suspension of your profile via your account on the Services. This suspension is temporary, it\ndoes not interrupt any Subscription you may have (including renewals) and does not extend the duration\nof such Subscription. You may reactivate your profile at any time.\n7.4 Termination of account and profile closure\nYou may at any time close your account on the Services by following the instructions available in your\naccount section. If you encounter any difficulties, you may contact our Customer Care team who can do\nthis for you. You will no longer be able to use your account, including any Purchase, from the next\nbusiness day following a closure request. However, all Subscription instalments will remain due and\npayable for the remaining period of their current term.\nUpon closing your account, you will receive a confirmation email.\nIntellectual Property\n\n8.1 Content we disseminate on the Services\nAll Services’ names, trademarks, logos, graphics, photographs, animations, videos, texts and generally all\ncontent displayed on the Services are our exclusive property or licensed or controlled by us, and may not\nbe reproduced, used or communicated without our express authorisation, subject to legal action.\nThe rights of use granted to you are limited to your private and personal use as part of, and for so long as,\nyou have an account with us. Any other use by you is prohibited. Likewise, you may not copy, reproduce,\nor otherwise make use of the content produced by other users, other than strictly for personal and private\npurposes.\nYou are prohibited, among other actions, from copying, reproducing, downloading, broadcasting,\ntransmitting, modifying, commercially exploiting and/or distributing any of the Services content, pages, or\ncomputer codes, in any way whatsoever, subject to legal action.\n8.2 Content disseminated by users\nBy having an account and using the Services, and for so long as you have an account with us, you grant us\na worldwide licence to use the intellectual property rights arising from the content provided by you\n(information, images, descriptions, search criteria, recordings, etc.) in connection with your use of the\nServices, including without limitation your profile and interactions with other users. This licence\nspecifically includes the right for us to reproduce, represent, broadcast, modify, adapt (in order to comply\nwith the graphic charter of the Services and/or to make it compatible with its technical functionalities or\nthe formats supported by the relevant media), translate, digitise, use for the purposes of the Services\nand/or sub-license the content provided by you on all or parts of the Services, in our emails and\nnotifications to other users or any other communications related to the Services, subject to applicable law.\nWarranties, Liability and Indemnity\n9.1 Our obligations in relation to your use of the Services\nWe expressly exclude all liability in connection with events of any nature, which could take place between\nyou and other users during online interactions or during ‘real life’, in person interactions.\nWe do not verify the actual identity of users when they register on the Services. Further, we do not control\nnor moderate exhaustively any of the content which users may publish or upload on the Services under\ntheir sole responsibility. However, users’ photographs and profile descriptions are moderated prior to\ndissemination on the Services.\nWe are not liable for the accuracy or inaccuracy of the information and content provided by you or other\nusers, nor for the consequences arising from your or their use of this information and content. Similarly,\nwe are not liable for any content disseminated by you or another user that may potentially infringe your\nrights or the rights of one or more of the other users or any other third party.\n9.2 Operation of the Services\nOur Services are provided to you ‘as is’. We do not warrant that you will be able to use them if your\nhardware or device does not function properly, if your internet service provider fails to provide an\nadequate level of service, or if your hardware or device does not have a fully functioning internet\nconnection.\nThe operation of the Services may be interrupted temporarily due to maintenance, updates, security\nmeasures or technical improvements, or to update the content and/or the way it is presented. If possible,\nwe will notify you before any scheduled maintenance or updates which may impact your use of the\n\nServices. Some functionalities may also be disabled permanently if required for security or other pressing\nreasons.\n9.3 Third-Party Platforms\nWe do not exercise any control over Third-Party Platforms to which you may be redirected to from our\nServices from time to time. We exclude all liability for the content of Third-Party Platforms nor any\nadvertisements, products, features, services or any other elements available on or arising from your use\nof such Third-Party Platforms. The use of Third-Party Platforms is governed by their own terms and\nconditions.\nSafety\nBy using the Services, you agree to take reasonable precautions when you interact with other users,\nparticularly if you decide to communicate off the Services or meet in person. In addition, you agree to\nreview our Safety Tips before you start using the Services and to follow them at all times when using our\nServices and interacting with other users. If you post and/or disclose to other users any confidential or\nsensitive information, such as personal information (surname, postal address, email, telephone number…)\nor financial information (e.g., credit card or bank account information), then you do so entirely at your own\nrisk.\nGeneral liability\nSubject to applicable law, we are only responsible for direct damage caused by us if we fail to provide the\nServices in compliance with these Terms of Use and applicable laws and regulations. We may not be held\nliable for any damages incurred by a user in the event those are caused solely by the latter or if we are not\nin breach of these Terms of Use and/or our statutory obligations. We do not exclude or limit in any way our\nliability to users where it would be unlawful to do so.\nWe are not liable for business losses. We only supply the Services for domestic and private use, and\ncommercial use of our Services is strictly prohibited as set forth above. You are fully liable to us if you use\nthe Services for any commercial or business purpose in breach of these Terms of Use.\nIn the event we or the Group are held liable on the basis of your breach of any of your legal or contractual\nobligations under these Terms of Use, you will indemnify and hold us and/or the Group harmless against\nany damages, expenses or orders issued against it resulting from or arising in connection with such\nbreach.\n12. Personal Data\nYour personal data is processed in accordance with our Privacy Policy.\n13. Changes to the Terms of Use and the Services\nWe may update and modify at any time the content and/or features of any of the Services, and these\nTerms of Use. This means we may add new product features or enhancements from time to time as well as\nremove or change some features.\nYou should regularly check for the most recent version of the Terms of Use. If the changes include\nmaterial changes to your rights or obligations, we will endeavour to notify you in advance of the changes\nto our Terms of Use by reasonable means. However, if such changes materially impact a product or\nservice that you have paid for on the Services, we will endeavour to continue to deliver that service to you\non the same (prior) Terms of Use until the end of the current term of the Purchase. If you then continue to\nuse that Purchase in any subsequent renewal period or make a new Purchase, then the revised Terms of\nUse will apply from that point onwards and you will be deemed to have agreed to the revised Terms of\nUse.\n14. Notifications and Services messages\nBy using the Services, you consent to us providing you with important notices about your account or the\nServices. These notices can be shared directly on the Services, via app notifications or through other\n\nmeans associated with your account, like email. Please review your Settings to control the kind of\nmessages you receive from us. You acknowledge and agree that we will have no liability associated with or\narising from your failure to maintain accurate contact or other information, including, but not limited to,\nyour failure to receive critical information and notifications.\n15. Enforceability\nIf one or more provisions in the Terms of Use are held to be unenforceable under applicable laws or\nregulations or as a result of a final decision by a competent court or authority, the other provisions will\nremain in full force and effect, to the extent permitted by law, regulation or applicable court decisions.\n16. Assignment\nAll of our rights and obligations under these Terms of Use are freely assignable by us in connection with a\nmerger, acquisition, business sale or transfer of assets, or by operation of law or otherwise; provided\nhowever that we will endeavour to ensure your rights and obligations remain unaffected by such\noperation.\n17. Requests and Claims\nFor every request or claim regarding your use of the Services, you may consult our Help page. If you need\nfurther help, you may contact our Customer Care team by email:\nFor Match: [email protected]\nFor Affiny: [email protected]\nFor Ourtime: [email protected]\n18. Applicable law – Disputes\nThese Terms of Use are governed, interpreted and applied in accordance with the laws of England,\nsubject to mandatory consumer laws in force in your country of residence.\nIn accordance with the rules applicable to mediation, prior to any request for mediation, you must first\nraise any dispute with us in writing in order to attempt an amicable resolution.\nIn the event that an amicable solution cannot be reached regarding a dispute relating to the Terms of Use,\nthe competent authorities will be the courts of your country of residence located in one of the member\nStates of the European Economic Area, the United Kingdom or Switzerland.\n19. About us\nThe Services provided by Match to Members and Subscribers pursuant to these Terms of Use are offered\nby Match.com International Limited, a private limited company incorporated in England and Wales with\nregistered company number 04791534 (VAT number 815337437) whose registered address is at C/O\nSkadden 40 Bank Street, Canary Wharf, London, E14 5DS. The Websites are hosted on the Group’s\nservers.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Sympatia.pl","url":"https://porady.sympatia.onet.pl/sympatia-radzi/regulamin-serwisu-sympatiapl/sy3qeq7","lang":"PL","sector":"Dating","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Optionally paid","date":"31.01.2022"},"document":{"title":"","text":"Regulamin serwisu Sympatia.pl\nNiniejszy Regulamin wchodzi w życie z dniem 31 stycznia 2022 roku, a w stosunku do Użytkowników,\nz którymi przed tym dniem zostały zawarte umowy dotyczące korzystania z Usługi, z dniem 14 lutego\n2022 roku.\n§ 1\nWstęp\nNiniejszy Regulamin (dalej: „Regulamin) określa zasady korzystania z serwisu internetowego Sympatia.pl,\nprowadzonego przez właściciela Serwisu – spółkę Ringier Axel Springer Polska sp. z o.o. z siedzibą w\nWarszawie (02 – 672), ul. Domaniewska 49, zarejestrowana w rejestrze przedsiębiorców Krajowego Rejestru\nSądowego prowadzonym przez Sąd Rejonowy dla m. st. Warszawy Wydział XIII Gospodarczy Krajowego\nRejestru Sądowego pod numerem KRS 0000420780, z kapitałem zakładowym w kwocie 106.000 zł, NIP:\n5272677009, REGON: 146127300, e-mail: [email protected], (dalej: „Sympatia.pl”).\nKażdy Użytkownik Serwisu Sympatia.pl zobowiązany jest, do przestrzegania postanowień niniejszego\nRegulaminu.\n§ 2\nDefinicje\nWszelkie wyrazy pisane wielką literą, których znaczenie zostało zdefiniowane poniżej, należy rozumieć w\nnastępujący sposób:\nRegulamin - niniejszy dokument wraz z wszelkimi załącznikami;\nAdministrator - podmiot prowadzący Serwis, którym jest Ringier Axel Springer Polska sp. z o.o. z siedzibą\nw Warszawie (02 – 672), ul. Domaniewska 49, zarejestrowana w rejestrze przedsiębiorców Krajowego\nRejestru Sądowego prowadzonym przez Sąd Rejonowy dla m. st. Warszawy Wydział XIII Gospodarczy\nKrajowego Rejestru Sądowego pod numerem KRS 0000420780, z kapitałem zakładowym w kwocie 106.000\nzł, NIP: 5272677009, REGON: 146127300, e-mail: [email protected].\nSerwis - towarzyski serwis internetowy Sympatia.pl znajdujący się w pod adresem\ninternetowym http://www.sympatia.pl, www.sympatia.onet.pl, a także innymi adresami internetowymi, pod\nktórymi Administrator prowadzi Serwis, stanowiący platformę internetową (treści cyfrowe zawierające\naplikację o głównych funkcjonalnościach Serwisu) będącą własnością Administratora, na którą składa się\nkompleks usług świadczonych drogą elektroniczną na rzecz Użytkowników, w tym wskazane usługi płatne\npolegające na dostępie do dodatkowych funkcjonalności;\n\nSkrzynka e-mail - elektroniczna skrzynka pocztowa charakteryzująca się indywidualnym adresem\ninternetowym danej osoby (adres e-mail), za pośrednictwem której dana osoba może wysyłać i odbierać\nwiadomości i inne dane w ramach usługi poczty elektronicznej;\nUżytkownik - osoba fizyczna w wieku powyżej 16 lat, która skutecznie założy Konto w Serwisie, poprzez\npodanie adresu e-mail i hasła pozwalającego zalogować się na Konto (rejestracja w Serwisie);\nAbonent - Użytkownik Serwisu posiadający jeden z wykupionych Pakietów Premium;\nAbonament - okres czasu świadczenia usługi płatnej (Pakietu Premium);\nNick - indywidualna i niepowtarzalna nazwa Użytkownika w Serwisie, jaka została przez niego wybrana na\netapie rejestracji Konta w Serwisie;\nKonto - dostępne dla danego Użytkownika po zalogowaniu (podaniu adresu e-mail i hasła) miejsce w\nSerwisie, za pośrednictwem którego Użytkownik wprowadza dane i zarządza danymi, dokonuje operacji\nzwiązanych z funkcjonowaniem w Serwisie (np. aktywowanie i dezaktywowanie poszczególnych usług,\ndostęp do narzędzi umożliwiających realizację praw Użytkownika związanych z przetwarzaniem jego\ndanych osobowych i inne);\nProfil - zespół informacji, danych i innych elementów prezentujących i opisujących osobę danego\nUżytkownika (w tym danych osobowych wrażliwych tj. specjalne kategorie danych osobowych dotyczące\nseksualności, orientacji seksualnej, stanu zdrowia, przekonań religijnych, światopoglądu) publikowanych\ndobrowolnie i samodzielnie przez Użytkownika (w swoim Profilu) w Serwisie. Profil Użytkownika\nprezentowany jest w przestrzeni sieciowej zlokalizowanej pod indywidualnym adresem Użytkownika w\nSerwisie lub odpowiednią domeną partnera (iframe Serwisu), gdzie publikowane są na łamach Serwisu\ninformacje, dane opisujące Użytkownika; za pośrednictwem którego to miejsca inni Użytkownicy lub osoby\nkorzystające z Internetu, a nie będące Użytkownikami, mogą zapoznać się z Profilem Użytkownika. Profile\nsą publiczne;\nBaza Profili - zbiór danych, informacji i innych treści przekazanych dobrowolnie przez wszystkich\nUżytkowników do Serwisu poprzez opublikowanie, które są gromadzone i przetwarzane w uporządkowany\nsposób w systemie informatycznym przez Administratora po opublikowaniu przez Użytkownika na potrzeby\nświadczenia usług Serwisu;\nPakiet Darmowy to funkcjonalności w Serwisie dostępne dla wszystkich Użytkowników, którzy dokonali\nrejestracji Konta w Serwisie (zgodnie z § 3 pkt. 3), przez co uzyskują na czas nieokreślony status\nUżytkownika. Pakiet ten pozwala m.in. na: korzystanie z wyszukiwarki (z wyjątkiem wyszukiwania nowych\nProfili), przeglądanie Profili którymi dany Użytkownik jest zainteresowany (dostępność uzależniona od\nustawionych kryteriów na Profilu lub blokad wprowadzonych przez danych Użytkowników), dodawanie\nwybranych osób do Listy ulubionych, dodawanie wybranych osób do Czarnej Listy, wysyłanie Oczek,\nwysłanie jednej wiadomości na dobę, zabawę w „Bingo!” (pod warunkiem spełnienia warunków zabawy);\n\nPakiet Premium to funkcjonalności w Serwisie dostępne dla Użytkowników, którzy po uiszczeniu\nstosownej opłaty, uzyskują na określony okres czasu status Abonenta. Pakiet ten – poza funkcjami Pakietu\nDarmowego i w zależności od wybranego okresu trwania Abonamentu - pozwala dodatkowo m.in. na:\nfiltrowanie tylko nowych Profili w wyszukiwarce; wysyłanie dodatkowych wiadomości; możliwość\npodglądu osób, które odwiedziły dany Profil; możliwość podglądu osób, które polubiły dany Profil w\nzabawie w „Bingo!”; możliwość blokowania dostępu do Profilu osobom bez zdjęcia (dostępność uzależniona\nod rodzaju Pakietu Premium); możliwość decydowania, kto odwiedza dany Profil (dostępność uzależniona\nod rodzaju Pakietu Premium), korzystanie z dodatkowej funkcjonalności wideoczatów. Płatne\nfunkcjonalności dostępne w zależności od wybranego Pakietu Premium szczegółowo wymienione są w\nZałączniku nr 2 do niniejszego Regulaminu - Tabela opłat i usług serwisu Sympatia.pl.\nUżytkownik Pakietu Premium ma możliwość w okresie ważności Pakietu Premium dokupienia\nDodatkowych Usług Płatnych szczegółowo zdefiniowanych w Załącznikach nr 1 i 2 - Zasady świadczenia\nusług odpłatnych w serwisie Sympatia.pl oraz Tabela opłat i usług serwisu Sympatia.pl;\nOczko - graficzna nieedytowalna wiadomość, którą każdy Użytkownik może wysłać do innego\nUżytkownika;\nLista Zablokowani (dawniej Czarna lista) – funkcjonalność polegająca na możliwości blokady określonego\nProfilu Użytkownika. Użytkownik dodany do listy Zablokowani (Czarnej listy) traci możliwość pisania\nwiadomości, puszczania Oczek, odwiedzania Profilu Użytkownika, który zastosował wobec niego blokadę;\nPomoc, Kontakt - miejsce w Serwisie, w którym Użytkownik w każdej chwili może dowiedzieć się, w jaki\nsposób należy zrealizować określone działania, aby osiągnąć pożądane cele (zakładki oraz linki Pomoc i\nKontakt);\nSpam - przesyłanie niezamówionych wiadomości o charakterze reklamowym, komercyjnym lub\ninformacyjnym bez zgody Administratora Serwisu;\nKradzież Konta - bezprawne działania osób trzecich polegające na ingerencji w system komputerowy\nUżytkownika, w szczególności włamanie, przełamanie zabezpieczeń systemu Użytkownika za pomocą\nprogramów typu malware, pozyskanie niezabezpieczonego przez Użytkownika hasła do Konta Użytkownika;\nNetykieta - zbiór zasad savoir-vivre obowiązujących w Internecie, stworzony, aby pomóc skutecznie i\nprzyjemnie komunikować się z innymi;\nMateriały - teksty, opracowania, zdjęcia oraz wszelkie inne treści udostępniane w Serwisie przez\nUżytkownika;\nMessenger – aplikacja, komunikator internetowy o funkcjonalności pozwalającej na przesyłanie pomiędzy\nUżytkownikami wiadomości w postaci tekstu, znaków, grafik, zdjęć, wideoczatów. Użytkownik otrzymujący\nwiadomości, zdjęcia od innego Użytkownika, przechowuje je na serwerze Administratora w ramach\nkorzystania z usługi Messengera.\n\n§ 3\nInformacje podstawowe oraz techniczne warunki korzystania z Serwisu.\n1. Funkcjonalność. Podstawowym przedmiotem Serwisu jest udostępnianie w sieci Internet systemu\n(aplikacja i inne narzędzia informatyczne) prezentacji i wymiany informacji o Użytkownikach,\nprowadzonego i utrzymywanego przez Administratora, w celu umożliwienia w ten sposób nawiązywania\nznajomości pomiędzy Użytkownikami. Za pośrednictwem Serwisu świadczone są lub mogą być świadczone\nw przyszłości, odpłatne i nieodpłatne usługi na rzecz Użytkowników związane z przedmiotem Serwisu.\n2. Interoperacyjność. Do korzystania z usług Serwisu niezbędne jest: posiadanie urządzeń pozwalających na\nkorzystanie z zasobów Internetu, skrzynki pocztowej e-mail oraz przeglądarki zasobów internetowych\n(najnowsza wersja dostępna do pobrania na stronie producenta Chrome, Mozilla Firefox, Microsoft\nEdge, Opera lub Safari). Niezbędne jest korzystanie z przeglądarek internetowych z włączoną obsługą\nplików \"cookies\" i innych podobnych do ciasteczek technologii (np. Local Storage) oraz JavaScript, a także\nnajnowszej wersji systemu operacyjnego z rodziny: Microsoft Windows, macOS, Google Android, Apple\niOS. Niektóre funkcje (w tym funkcje pakietu Premium) jak np. wysyłanie zdjęć czy wideoczaty w\nkomunikatorze mogą nie działać lub działać nieprawidłowo na innych przeglądarkach np. Internet Explorer,\nlub nieaktualnych wersjach przeglądarek podanych powyżej. Do korzystania z wideoczatów konieczne jest\nposiadanie urządzenia z zamontowaną lub wbudowaną kamerą i obsługą mikrofonu, a w przypadku\nsmartfonów z systemem iOS (iPhone, iPad) konieczne jest korzystanie z przeglądarki Safari, gdyż Apple nie\nwspiera kamery dla innych przeglądarek. Zaleca się przed skorzystaniem z Usługi sprawdzenie, czy\nposiadany przez Użytkownika sprzęt i oprogramowanie spełniają wymogi techniczne określone w\nniniejszym Regulaminie. W razie wątpliwości co do technicznych możliwości korzystania z Usługi przez\nUżytkownika należy zwrócić się do BOK Sympatia.pl.\n3. Rejestracja w Serwisie jest dobrowolna i bezpłatna. Funkcjonalności Serwisu są dostępne dla Pakietu\nDarmowego w momencie, kiedy Użytkownik potwierdzi rejestrację klikając na link przesłany w wiadomości\ne-mail „Potwierdź konto w Sympatii” na adres e-mail wskazany podczas rejestracji Konta, a następnie\nzaloguje się do Konta, co oznacza rozpoczęcie świadczenia usług Serwisu – Pakiet Darmowy przez\nAdministratora.\n4. Pakiet Premium lub/i Dodatkowe Usługi Płatne świadczone są tylko i wyłącznie na wyraźne żądanie\nUżytkownika po wniesieniu stosownej opłaty za daną usługę zgodnie z postanowieniami Regulaminu oraz\nZałącznika Nr 1 do Regulaminu zatytułowanego \"Zasady i zakres świadczenia usług odpłatnych w serwisie\nSympatia.pl\". Skrócona wersja podstawowych reguł i opłat za usługi znajduje się w Załączniku Nr 2 do\nRegulaminu zatytułowanego \"Tabela opłat i usług serwisu Sympatia.pl\".\n5. Techniczne warunki korzystania z Serwisu mają znaczenie dla prawidłowości funkcjonowania Serwisu,\njego prawidłowego wyglądu w przeglądarce internetowej stosowanej przez Użytkownika, a także dla\nbezpieczeństwa danych Użytkownika zapisanych na Koncie w Serwisie. Każdy Użytkownik powinien\nstosować się do poniższych warunków i wytycznych.\n\n6. Strony internetowe Serwisu działają w oparciu o pliki \"Cookies\" i inne podobne technologie. Użytkownik\npowinien być świadomy, iż brak obsługi Cookies może uniemożliwić zalogowanie na Konto (Cookies\nuwierzytelniający, inne Cookies techniczne). W Cookies zapisywane są informacje dotyczące aktualnej sesji\nUżytkownika w Serwisie, przez co należy rozumieć okres czasu od chwili zalogowania do Serwisu poprzez\npodanie adresu e-mail i hasła, do czasu wylogowania poprzez specjalną funkcję „Wyloguj” dostępną w\nSerwisie (Cookies utrzymujące sesję). Jeżeli Użytkownik po zalogowaniu się w Serwisie, nie wyloguje się z\nniego, wówczas po upływie 100 minut od dokonania ostatniej czynności w Serwisie, Serwis automatycznie\nwyloguje Użytkownika. Funkcja „Wyloguj” ma istotne znaczenie ze względu bezpieczeństwa Twojego\nkorzystania z Serwisu na Twoim urządzeniu. Szczegółowe informacje znajdziesz w Polityce Prywatności.\n§ 4\nUsługi\n1. Za pośrednictwem Serwisu Użytkownicy mają możliwość prezentowania w Profilu swoich danych,\ninformacji i innych treści o sobie i od siebie, wraz z wizerunkiem osobistym znajdującym się na\nprzekazanych do Serwisu zdjęciach, a także korzystania z innych usług Serwisu pozwalających na\nzawieranie znajomości między Użytkownikami, dzięki specjalnym kanałom komunikacji, przeszukiwaniu\nBazy Profili według zadanych kryteriów, przeglądaniu Profili Użytkowników, przesyłania wiadomości lub\nzdjęć oraz przechowywania otrzymanych wiadomości lub zdjęć w ramach usługi komunikatora\ninternetowego itp.\n2. Przeglądanie zasobów Serwisu (Profili Użytkowników i inne) oraz jego poszczególne usługi, mogą być\ndostępne dla każdego użytkownika Internetu, przy czym zakres tego dostępu dla osób nie będących\nUżytkownikami może być ograniczany przez Administratora. Publicznie dostępne w sieci Internet Profile\nmogą być indeksowane przez wyszukiwarki internetowe i widoczne nadal w wynikach wyszukiwania z ich\npoziomu przez czas wskazany w regulaminach wyszukiwarek.\n3. W przypadku usług świadczonych za pośrednictwem Serwisu przez podmioty trzecie, w ich własnym\nimieniu i na własny rachunek, na mocy porozumień zawartych z Administratorem lub Zaufanymi Partnerami\nAdministratora, określenie reguł świadczenia takich usług należy do usługodawcy. Usługodawca taki jest\npodmiotem odpowiedzialnym za świadczone przez niego usługi. Administrator wyraźnie uprzednio\ninformuje Użytkownika o usługach podmiotów trzecich w Serwisie np. usługi Operatorów płatności.\n4. Wszystkie odpłatne usługi w Serwisie świadczone są tylko na wyraźne żądanie Użytkownika dokonywane\npoprzez ich aktywację po wpłynięciu środków na konto Administratora lub potwierdzenia wpłaty od\nOperatora płatności na zasadach określonych w Załączniku Nr 1 do Regulaminu zatytułowanym \"Zasady i\nzakres świadczenia dodatkowych usług odpłatnych w serwisie Sympatia.pl\".\n5. Pełen zakres podstawowych usług Serwisu (Pakiet Darmowy) dostępny jest także bez ograniczeń dla\nUżytkowników Pakietu Premium. Natomiast Dodatkowe Usługi Płatne są płatne oddzielnie i dostępne po\nwpłynięciu środków na konto Administratora lub potwierdzenia wpłaty od Operatora płatności.\n\n6.1. Warunki odstąpienia opisuje § 9 Regulaminu. Załączniki nr 1 i 2 - Zasady świadczenia usług odpłatnych\nw serwisie Sympatia.pl oraz Tabela opłat i usług serwisu Sympatia.pl – stanowią integralną część niniejszego\nRegulaminu. Usługa płatna świadczona jest przez Administratora na okres czasu wskazany w tej usłudze.\n6.2. Szczegółowe warunki świadczenia usług płatnych przez Administratora, czas określony lub nieokreślony\nświadczenia poszczególnych usług płatnych, oraz zasady zamawiania i wypowiadania usług płatnych przez\nUżytkownika opisane są szczegółowo w Załącznikach 1 i 2 do niniejszego Regulaminu - Zasady świadczenia\nusług odpłatnych w serwisie Sympatia.pl oraz Tabela opłat i usług serwisu Sympatia.pl – Załączniki te\nstanowią integralną część niniejszego Regulaminu.\n7. Zakres dostępu lub zakres i sposób świadczenia poszczególnych usług Serwisu - może być z ważnych\nprzyczyn, za które uznaje się:\na) zmiany w obowiązujących przepisach mających wpływ na funkcjonowanie Serwisu, które uniemożliwiają\nlub istotnie utrudniają funkcjonowanie Serwisu na dotychczasowych zasadach,\nb) realizację obowiązków wynikających z prawomocnego orzeczenia sądu lub prawomocnej decyzji\nadministracyjnej,\nc) brak uzyskania przez Administratora licencji na korzystanie z treści koniecznych do zapewnienia\nfunkcjonowania Serwisu,\nd) wzrost kosztów działalności związanej z udostępnianiem Serwisu (stawki podatków, stawki wynagrodzeń,\nkoszty usług IT, opłaty licencyjne, ceny energii i innych mediów)\ne) istotną zmianę trendów, w tym trendów technicznych na rynku serwisów o tematyce takiej jak Serwis,\nzmieniany (rozszerzany lub ograniczany) przez Administratora, co dotyczy również możliwości dodawania\nlub usuwania poszczególnych usług. Powyższe może być uzależnione od wymogu spełnienia przez\nUżytkowników dodatkowych warunków, zgodnie z postanowieniami szczególnymi zawartymi w odrębnych\nregulaminach odpowiednich usług. Administrator będzie informował Użytkowników z odpowiednim\nwyprzedzeniem na łamach Serwisu) o każdej zmianie zakresu usług i jej przyczynach. Powyższe zmiany nie\nbędą naruszać praw nabytych Użytkowników.\n§ 5\nUczestnictwo w Serwisie\n1. Serwis Sympatia.pl został stworzony w celu umożliwienia Użytkownikom zawierania znajomości,\nutrzymywania kontaktów towarzyskich, sympatii, za pomocą rozwiązań technologicznych, spełniających\nnajwyższe wymagania i potrzeby. Użytkownicy Serwisu mają możliwość zawarcia nowych znajomości,\nutrzymywania kontaktów towarzyskich, przyjacielskich, bliskich, porozumiewania się za pomocą\nfunkcjonalności Serwisu zróżnicowanymi w zależności od wyboru Pakietu Darmowego lub Pakietu Premium\n\nczy określonych Dodatkowych usług płatnych. Sympatia.pl nie gwarantuje sukcesu w nawiązaniu\nznajomości. Użytkownik samodzielnie ponosi odpowiedzialność za nawiązanie lub nienawiązanie przez\nUżytkownika w okresie trwania umowy relacji z innym Użytkownikiem, Użytkownikami.\n2. Uczestnikiem Serwisu może być każda osoba fizyczna w wieku powyżej 16 lat, która po zaakceptowaniu\npostanowień Regulaminu, zrealizuje procedurę rejestracji w Serwisie zakończoną skutecznym założeniem\nKonta.\n3. Do tego, aby założyć Konto i być Użytkownikiem Serwisu oraz korzystać z jego zasobów niezbędne jest\nspełnienie wymagań technicznych określonych w § 3 pkt. 2 oraz posiadanie dowolnej, aktywnej Skrzynki e-\nmail.\n4. Procedura rejestracji i aktywacji Konta przebiega stopniowo za pośrednictwem Skrzynki e-mail i stron\nSerwisu, do czego konieczne są również działania Użytkownika opisane na każdym etapie procedury\nrejestracji, a także w Pomocy.\n5. Osoba, która nie dokona ostatecznej aktywacji Konta w okresie 3 dni od otrzymania wiadomości e-mail z\ninformacjami o kolejnych krokach do skutecznego założenia Konta, może zostać pozbawiona możliwości\nskutecznego założenia Konta, a co za tym idzie Profilu Użytkownika o danym Nicku zarezerwowanym\nczasowo dla tej osoby w Serwisie.\n6. Jedna osoba może mieć tylko jedno Konto w Serwisie. Niedozwolone jest cedowanie lub udostępnianie\nKonta innym osobom, bez wyraźnej zgody Administratora.\n1. Dane osobowe:\nAdministratorem danych osobowych Użytkownika:\n(1) podanych w procesie rejestracji Konta lub edycji Konta, których podanie jest dobrowolne aczkolwiek\nniezbędne do realizacji umowy (założenie Konta i świadczenie usług Serwisu), przetwarzanych w celu\nrealizacji usług Serwisu, zgodnie z Regulaminem;\n(2) opublikowanych dobrowolnie, samodzielnie przez Użytkownika w publicznie dostępnym w sieci Internet\nProfilu, w postaci zdjęcia z wizerunkiem Użytkownika, informacji o osobie Użytkownika, w tym danych\nwrażliwych (specjalne kategorie danych osobowych), dotyczących stanu zdrowia (nałogi - papierosy),\norientacji seksualnej, seksualności, wyznania, religii, poglądów politycznych, przetwarzanych w celu\nrealizacji usług Serwisu, zgodnie z Regulaminem;\njest Ringier Axel Springer Polska sp. z o.o. z siedzibą w Warszawie (02 – 672), ul. Domaniewska 49.\n(3) dane z Konta Użytkownika oraz zebrane informacje z aktywności Użytkownika w serwisie Sympatia.pl\nmogą być wykorzystane do prezentowania Użytkownikowi przez Administratora reklam produktów i usług\nAdministratora lub Zaufanych Partnerów Administratora, dopasowanych do zainteresowań Użytkownika.\n\nPodstawą prawną przetwarzania danych w zakresie opisanym w niniejszym punkcie (3) jest uzasadniony\ninteres Administratora, zaś Użytkownikowi przysługuje możliwość zgłoszenia sprzeciwu wobec takiego\nprzetwarzania danych.\nPrawa Użytkownika: Użytkownikowi przysługuje prawo dostępu do danych, prawo sprostowania danych,\nprawo ograniczenia przetwarzania, prawo usunięcia danych, wyrażenie sprzeciwu wobec przetwarzania, a\ntakże prawo złożenia skargi do organu nadzorczego ochrony danych osobowych - PUODO. W zakresie, w\njakim ww. dane są przetwarzane w celu realizacji umowy (Regulamin) lub są przetwarzane na podstawie\nzgody – przysługuje Ci także prawo do przenoszenia danych.\nW celu realizacji praw zaloguj się do Serwisu i przejdź do zakładki Ustawienia - „Moje prawa”.\nPodstawą przetwarzania przez Administratora Twoich danych osobowych podanych przy założeniu lub\nedycji Konta – pkt (1) powyżej - jest realizacja umowy (Regulamin), natomiast danych wrażliwych\nopublikowanych przez Użytkownika w Profilu – pkt (2) powyżej - jest ich upublicznienie przez\nUżytkownika (funkcja „Publikuję”). Publikowanie danych wrażliwych jest całkowicie dobrowolne.\nTwoje dane przetwarzane będą do czasu istnienia podstawy do ich przetwarzania tj.:\n- w przypadku udzielenia zgody do momentu jej cofnięcia, ograniczenia lub innych działań z Twojej strony\nograniczających tę zgodę;\n- w przypadku niezbędności danych do wykonania umowy, przez czas jej wykonywania i do momentu\nupływu przedawnienia roszczeń z tej umowy (3 lata lub 6 lat);\n- w przypadku, gdy podstawą przetwarzania danych jest uzasadniony interes Administratora, do czasu\nzgłoszenia przez Ciebie skutecznego sprzeciwu.\nNiezbędne informacje pozostałe:\n- komu udostępniamy dane osobowe Użytkownika;\n- o wyznaczeniu Inspektora Danych Osobowych oraz kontakt do niego;\n- o przetwarzaniu poza obszarem EOG;\nznajdziesz w Polityce Prywatności\n7. Poprzez zrealizowanie procedury rejestracji w Serwisie skutkującej założeniem Konta, Użytkownik\noświadcza, iż:\na) zapoznał się i zaakceptował treść Regulaminu;\nb) wszelkie dane osobowe, wizerunek na zdjęciach i inne informacje składające się na Profil (w tym dane\nwrażliwe tj. specjalne kategorie danych osobowych np. dotyczące seksualności, orientacji seksualnej,\npoglądów religijnych lub politycznych, światopoglądu Użytkownika czy dane o stanie zdrowia, dane\n\ndotyczące nałogów) przekazuje do Serwisu w sposób dobrowolny i publikuje je samodzielnie, co oznacza, iż\ndostęp do tych danych będzie miał lub może mieć nieograniczony krąg Użytkowników Internetu. Powyższe\nnie dotyczy następujących danych:\ni. adres e-mail;\nii. hasło do Konta;\niii. kody aktywacyjne lub innego typu poufne dane dostępowe;\nc) przyjmuje do wiadomości, iż Administrator będzie przetwarzał\ndane osobowe podane przy założeniu Konta, jak i późniejszej edycji tych danych w celu realizacji umowy\nzawartej z Użytkownikiem, której treść stanowi niniejszy Regulamin;\nd) Użytkownik jest świadomy, iż jego dane opublikowane przez Użytkownika samodzielnie, dobrowolnie w\npublicznie dostępnym Profilu, w tym wizerunek na opublikowanych zdjęciach i inne informacje składające\nsię na Profil - w tym dane wrażliwe, tj. specjalne kategorie danych osobowych np. dotyczące seksualności,\norientacji seksualnej, poglądów religijnych lub politycznych, światopoglądu Użytkownika czy dane o stanie\nzdrowia, dane dotyczące nałogów – będą przetwarzane w Bazie Profili przez Administratora w celu realizacji\nusług Serwisu, zgodnie z Regulaminem. W przypadku korzystania przez Użytkownika z wideoczatów\nAdministrator będzie też w celu realizacji tej usługi przetwarzać dane obejmujące wizerunek Użytkownika\nudostępniany w ramach wideoczatu;\ne) Użytkownik jest świadomy, iż dane osobowe z Konta mogą być przetwarzane w celu marketingowym\nAdministratora (w oparciu o uzasadniony interes Administratora) w ramach czego realizowane być może\nprezentowanie Użytkownikowi przez Administratora reklam produktów i usług Administratora lub\nZaufanych Partnerów Administratora, dopasowanych do zainteresowań Użytkownika, wobec czego\nUżytkownik może wyrazić sprzeciw;\n8. Samodzielnie udostępniając i publikując Materiały w Serwisie, Użytkownik:\na) oświadcza iż, posiada on uprawnienia lub zgody wymagane przepisami prawa (w szczególności\nmajątkowe prawa autorskie oraz prawo do wykorzystania wizerunku) do tego, aby mogły być one\nopublikowane na łamach Serwisu i nie spowoduje to naruszenia jakichkolwiek praw osób trzecich;\nb) wyraża zgodę na oznaczanie opublikowanych przez Użytkownika zdjęć przez Administratora (bez ich\nistotnej modyfikacji);\nc) oświadcza, że udziela Administratorowi bezterminowej i nieodpłatnej licencji na korzystanie, utrwalanie i\nzwielokrotnianie udostępnionych przez Użytkownika Materiałów dowolną techniką, w celach\nautopromocyjnych, informacyjnych, statystycznych oraz publikacji w takich mediach jak Internet, prasa;\n\nd) zobowiązuje się w przypadku skierowania przez podmioty trzecie jakichkolwiek roszczeń do\nAdministratora, odnośnie naruszania jakichkolwiek praw do opublikowanych Materiałów, w szczególności\nwizerunku osobistego osób trzecich, złożyć pisemne oświadczenie odpowiedniej treści, które uwolni\nAdministratora od jakiejkolwiek odpowiedzialności w tym zakresie, a także, w razie konieczności, wstąpić\ndo sprawy w miejsce Administratora lub przystąpić do sprawy po jego stronie jako interwenient uboczny,\nzwracając przy tym Administratorowi na jego pierwsze żądanie wszelkie poniesione przez Administratora\nwydatki związane z postępowaniem sądowym, w tym w szczególności wydatki poniesione na opłacenie\nzastępstwa procesowego, doradztwa prawnego oraz zasądzonych odszkodowań.\n9. Informacje przekazywane przez Użytkownika do Serwisu podczas procedury rejestracji lub edycji Profilu,\nmogą być moderowane przez Administratora, co oznacza, iż Administrator może odmówić opublikowania\nich na łamach Serwisu, a tym samym zablokować Konto i Profil Użytkownika, jeżeli podawane treści lub\ninformacje będą niedozwolone ze względu na polskie lub międzynarodowe przepisy prawa, treść\nRegulaminu oraz dobre obyczaje lub moralność.\n10. Mając na względzie prawidłowość funkcjonowania Serwisu, a także jego techniczne uwarunkowania,\nAdministrator zastrzega sobie prawo odmówienia zgody na publikację zdjęć z możliwością zablokowania\nProfilu Użytkownika, jeżeli zdjęcie będzie większe niż 5 MB, lub jeżeli zdjęcie będzie słabej jakości\n(widoczne piksele, rozmycie) lub nie będzie spełniać niezbędnych warunków technicznych Serwisu – tj.\nbędzie zapisane w pliku innym niż .jpg, .bmp, png.\n11. Niezależnie od ilości przekazywanych do Serwisu zdjęć - zdjęcie główne musi przedstawiać aktualny\nwizerunek osobisty Użytkownika, czyli taki, który pozwala rozpoznać Użytkownika w aktualnej czasowo\nrzeczywistości (np. zdjęcie 25-letniego Użytkownika przedstawiające go w dzieciństwie - jest dozwolone do\npublikacji na łamach Serwisu w galerii Użytkownika, ale wówczas nie może ono być zdjęciem głównym).\nFotografia główna musi prezentować Użytkownika wyraźnie, pozwalając na jego identyfikację w\nrzeczywistości (musi to być twarz z widocznymi rysami lub sylwetka z widocznymi rysami twarzy). Zdjęcie\ngłówne nie może być modyfikowane w taki sposób, aby przedstawiało karykaturę, zawierało nakładki\ngraficzne itp. prowadzące do nieczytelności wizerunku Użytkownika. Zdjęcie główne musi przedstawiać\nwyłącznie Użytkownika. Nie jest możliwa publikacja zdjęć głównych przedstawiających klika osób, np.\nUżytkownik z dziećmi. Administrator ma prawo odmówić publikacji zdjęcia głównego niezgodnego z\nRegulaminem bądź nałożenia blokady za umieszczenie zdjęcia niezgodnego z Regulaminem.\n12. Użytkownik może sam zawiesić Konto, co spowoduje czasowe dezaktywowanie jego Profilu w Serwisie\n(będzie on niewidoczny, a innym Użytkownikom starającym się go otworzyć ukaże się stosowna informacja,\niż Użytkownik o danym Nicku zawiesił swoje Konto), Nick Użytkownika będzie nierozpoznawalny, a\nUżytkownik w tym czasie straci możliwość korzystania lub realizowania usług Serwisu związanych z jego\nprzedmiotem (np. niedostępne będzie korzystanie z systemu poczty wewnętrznej, nie będzie można\nprzeglądać Profili Użytkowników itp.), co nie dotyczy funkcjonalności samego Konta lub usług nie\nzwiązanych bezpośrednio z nawiązywaniem lub wymianą informacji między Użytkownikami. Zawieszenie\n\nKonta nie powoduje zawieszenia biegu terminów pakietu Premium oraz opłaconych usług dodatkowych.\nUżytkownik może odwiesić Konto w każdym czasie. Jeżeli Użytkownik nie loguje się do zawieszonego\nKonta, to Konto zostanie automatycznie usunięte zgodnie z § 6 pkt 2b.\n13. Wypowiedzenie – usunięcie konta. Użytkownik może w każdej chwili, bez podania przyczyny, usunąć\nswoje Konto z Serwisu według wskazówek wskazanych w Pomocy. Wraz z usunięciem Konta usunięty\nzostanie z Serwisu Profil Użytkownika z wszystkimi danymi (w tym jego Nick, zdjęcia główne i galeryjne)\nna stałe i bezpowrotnie. Trwale zostaną usunięte też wszystkie wiadomości odebrane i wysłane z Konta\nUżytkownika, ale Użytkownik musi mieć świadomość, że historia Jego rozmów wciąż może być zachowana\nw historii Kont Jego rozmówców. Zgłoszenie przez Użytkownika wniosku o usunięcie danych osobowych\npodawanych w formularzu rejestracyjnym Konta (w celu świadczenia usługi), powoduje iż dalsze\nświadczenie usługi jest niemożliwe z przyczyn technicznych i w związku z tym równoważne z usunięciem\nKonta tego Użytkownika.\nSzczegółowa instrukcja usunięcia Konta znajduje się w tematach Pomocy.\n14. Mając na uwadze dobro Użytkowników, a także w celu zapewnienia najwyższej jakości Serwisu,\nniedozwolone jest wykorzystywanie Serwisu, jego funkcjonalności lub poszczególnych usług do innych\ncelów niż to wynika z charakteru i przedmiotu Serwisu, a w szczególności niedozwolone jest:\na) rozpowszechnianie i przekazywanie treści pornograficznych;\nb) uprawianie działalności komercyjnej, reklamowej, promocyjnej;\nc) rozsyłanie spamu i niezamówionej informacji handlowej;\nd) podejmowanie jakichkolwiek działań, poprzez które osoba lub podmiot je realizujący stara się wpływać na\nUżytkowników, działać na ich szkodę, szkodę Administratora lub innych podmiotów trzecich;\ne) publikowanie na łamach Serwisu oraz przekazywanie w ramach wideoczatów lub innej formy dodatkowej\nkomunikacji między Użytkownikami treści naruszających polskie lub międzynarodowe przepisy prawa,\ndobre obyczaje lub normy moralne, naruszające dobra osobiste innych osób, popierające radykalne postawy\nspołeczne lub głoszące takie poglądy (wszelkiego rodzaju dyskryminacja rasowa, etniczna, ze względu na\npłeć, wyznanie itp.).\n15. Zgłoszenia stron naruszających niniejszy Regulamin można dokonać pod adres e-mail:\[email protected].\n16. Ze względu na charakter Serwisu, niedozwolone jest podawanie przez Użytkownika w treściach ogólnie\ndostępnych w Serwisie (np. na Profilu), informacji w jakiejkolwiek formie wskazujących sposób\nbezpośredniej komunikacji z Użytkownikiem (numer telefonu, adres e-mail, dane kontaktowe komunikatora\ninternetowego itp.), co oznacza również zakaz podawania adresów do jakichkolwiek stron internetowych -\nbez wyraźnej zgody Administratora. Niedozwolone jest także informowanie w ramach Serwisu (np. w\n\nProfilu) o fakcie korzystania lub niekorzystania przez danego Użytkownika z poszczególnych usług Serwisu,\na także o posiadaniu Pakietu Premium – takie informacje zamieszcza jedynie w sposób zautomatyzowany\nsystem informatyczny Serwisu.\n17. Administrator nie ingeruje w korespondencje prowadzane pomiędzy Użytkownikami. Do blokowania\nniechcianych wiadomości służy lista Zablokowani (dawniej Czarna Lista). Naruszenie dóbr osobistych\nUżytkownicy Serwisu mogą zgłaszać i dochodzić w oparciu o procedury przewidziane w obowiązujących\nprzepisach, w tym w szczególności na drodze postępowania cywilnego.\n§ 6\nBlokada i usunięcie konta\n1. W przypadku gdy Użytkownik narusza postanowienia Regulaminu, Administrator może zablokować\nKonto lub poszczególne usługi Serwisu (np. Profil) wraz z podaniem na łamach Serwisu stosownej\ninformacji w tym zakresie dostępnej dla wszystkich Użytkowników. Administrator odblokuje Konto lub inne\nzablokowane usługi, po zrealizowaniu przez Użytkownika działań skutkujących usunięciem naruszeń.\nNałożenie blokady na Konto nie powoduje zawieszenia biegu terminów pakietu Premium oraz opłaconych\nusług dodatkowych.\n2. Konto może ponadto zostać usunięte przez Administratora, po uprzednim, dodatkowym poinformowaniu\nUżytkownika, co spowoduje bezpowrotne usunięcie Konta i Profilu z Bazy Profili, jeżeli:\na) Użytkownik stale lub rażąco narusza postanowienia Regulaminu, a w szczególności korzysta z Serwisu w\nsposób sprzeczny z jego przeznaczeniem opisanym w § 5 ust. 1;\nb) Użytkownik nie zalogował się ani razu do Serwisu przez okres 12 miesięcy od ostatniego zalogowania,\npomimo otrzymania przypomnienia o konieczności zalogowania się do Serwisu;\nc) Użytkownik posiada więcej niż jedno Konto - w takim przypadku usunięte mogą zostać wszystkie Konta\nUżytkownika;\nd) Użytkownik nie zaakceptuje zmian wprowadzanych przez Administratora w Regulaminie;\ne) Użytkownik w okresie 3 miesięcy od zablokowania Konta lub innych poszczególnych usług Serwisu przez\nAdministratora, nie dokona działań niezbędnych do usunięcia przyczyn stanowiących podstawę\nzablokowania;\nf) Użytkownik ingeruje w struktury Serwisu, do których taki Użytkownik nie ma udzielonego dostępu.\n§ 7\nReklamacje\n\n1. Zakłócenia w funkcjonowaniu Serwisu oraz reklamacje dotyczące usługi świadczonej w Serwisie należy\nzgłaszać Administratorowi zgodnie z pkt 2 poniżej, o ile nic innego nie postanowiono w odrębnych\nregulaminach świadczenia danej usługi, z którą reklamacja jest związana.\n2. Reklamacje należy składać drogą elektroniczną na adres: [email protected] lub listownie na adres\nkorespondencyjny: Ringier Axel Springer Polska sp. z o.o., al. 29 Listopada 20, 31-401 Kraków z dopiskiem:\nSympatia.\n3. Zgłoszenia reklamacyjne będą na bieżąco rozpatrywane przez zespół obsługi Serwisu w terminie 14 dni od\ndnia otrzymania reklamacji.\n4. Administrator zastrzega sobie prawo do wydłużenia terminu podanego w pkt 3 o nie więcej niż 10 dni - w\nprzypadku, gdy rozpoznanie reklamacji wymaga wiadomości specjalnych lub napotka przeszkody z przyczyn\nniezależnych od Administratora (awarie sprzętu, sieci internetowej itp.). Administrator ponadto zastrzega, że\nrozpatrzenie reklamacji może wymagać uzyskania od Użytkownika dodatkowych wyjaśnień - czas\nudzielania wyjaśnień przez Użytkownika każdorazowo przedłuża okres rozpoznania reklamacji.\n5. Reklamacje kierowane do Administratora, a dotyczące usług świadczonych przez podmioty trzecie za\npośrednictwem Serwisu będą przekazywane przez Administratora niezwłocznie właściwemu podmiotowi\ntrzeciemu, który jest odpowiedzialny za daną usługę.\n6. Administrator zastrzega sobie prawo do ingerencji w strukturę techniczną Konta Użytkownika, w celu\nzdiagnozowania nieprawidłowości w funkcjonowaniu usług Serwisu, a także może dokonywać zmian i w\nkażdy inny sposób oddziaływać na stronę techniczną Konta, w celu jego modyfikacji lub przywrócenia\nprawidłowego działania samego Konta lub Serwisu.\n7. Odpowiedź na reklamację zostanie przesłana do Użytkownika w ciągu 7 dni od daty rozpatrzenia\nreklamacji na adres e-mail lub adres pocztowy podany przez Użytkownika w reklamacji, nie później jednak\nniż w terminie na odpowiedź na reklamację określonym w obowiązujących przepisach.\n8. Spory pomiędzy Administratorem a konsumentem dotyczące Usługi Pakiet Premium lub Dodatkowych\nUsług Płatnych (dostarczania treści cyfrowych) mogą być zakończone polubownie w drodze postępowania\nprzed sądem polubownym na zasadach określonych w regulaminie tego sądu, np. przed stałymi\npolubownymi sądami konsumenckimi przy wojewódzkich inspektorach inspekcji handlowej, o których\nmowa w art. 37 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (tj. Dz. U. z 2009r. Nr 151, poz.\n1219), na zasadach określonych w rozporządzeniu Ministra Sprawiedliwości z dnia 25 września 2001 r. w\nsprawie określenia regulaminu organizacji i działania stałych polubownych sądów konsumenckich (Dz.U. z\n2001 r. Nr 113, poz. 1214).\nUżytkownik będący konsumentem ma możliwość skorzystania z pozasądowego sposobu rozstrzygania\nsporów przed Stałym Polubownym Sądem Konsumenckim przy Wojewódzkim Inspektorze Inspekcji\nHandlowej w Krakowie:\nhttp://www.krakow.wiih.gov.pl/Content/Page/sad_konsumencki\n\nInformacje o procedurze oraz wykaz podmiotów uprawnionych do rozstrzygania sporów konsumenckich\nznajdują się pod następującym adresem:\nhttps://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php\nUżytkownik będący konsumentem ma również możliwość skorzystania z unijnej platformy internetowej,\ndostępnej pod adresem internetowym:\nhttps://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL\nAdministrator Serwisu wyraża zgodę na udział w postępowaniu w sprawie pozasądowego rozwiązywania\nsporów konsumenckich – kontakt pod adresem e-mail Administratora wskazanym w Regulaminie.\n9. Sprawa może być rozpatrywana przez sąd polubowny tylko po zakończeniu postępowania reklamacyjnego\ni w przypadku, jeżeli obie strony sporu wyrażą na to zgodę. W pozostałych wypadkach ewentualne spory\nzostają poddane sądom właściwym zgodnie z obowiązującymi przepisami, w tym postanowieniami\nprzepisów Kodeksu postępowania cywilnego.\n§ 8\nZastrzeżenia, zapewnienia i odpowiedzialność\n1. Użytkownik odpowiada za Materiały przekazywane i publikowane na łamach Serwisu przez Użytkownika,\nza ich prawdziwość, rzetelność oraz autentyczność.\n2. Użytkownik odpowiada za zdarzenia i wydarzenia jakie mogą mieć lub miały miejsce w świecie\nrzeczywistym pomiędzy Użytkownikiem, a innym Użytkownikiem zapoznanym za pośrednictwem Serwisu.\n3. Użytkownik odpowiada za autentyczność informacji i danych podawanych przez Użytkownika w Serwisie\nlub informacji o Użytkowniku udostępnianych innym Użytkownikom - Administrator nie ma możliwości\nzweryfikowania zgodności ww. informacji ze stanem rzeczywistym.\n4. Administrator nie udostępni w żaden inny sposób, niż to wynika z celu Serwisu lub zakresu udzielonych\nprzez Użytkowników dobrowolnych zgód, informacji i danych o Użytkownikach podmiotom trzecim, bez\npodstawy prawnej nakazującej Administratorowi takie działanie, bądź zgody Użytkownika. Administrator\nzapewnia o podejmowaniu wszelkich starań, aby informacje, dane Użytkownika były strzeżone właściwie, a\nw szczególności w sposób przewidziany przepisami o ochronie danych osobowych.\n5. Administrator jako właściciel Serwisu dołoży wszelkich starań, aby Serwis oraz wszystkie usługi\nudostępniane za jego pośrednictwem działały w sposób ciągły bez zakłóceń, jednakże Użytkownik jest\nświadomy możliwości wystąpienia zakłóceń niezależnych od Administratora, np. spowodowanych\nzdarzeniem siły wyższej lub niedozwoloną ingerencją Użytkowników lub osób trzecich.\n\n6. Administrator nie ponosi odpowiedzialności za niezawinione i niezależne od Administratora \"Kradzieże\nKont\" dokonywane przez osoby trzecie np. za pomocą oprogramowania malware na sprzęcie Użytkownika\nbądź poprzez ujawnienie hasła do Konta przez Użytkownika osobom trzecim, a także za pobieranie zdjęć z\nSerwisu i umieszczanie ich w innych serwisach internetowych lub wykorzystywanie w inny sposób przez\nosoby trzecie, gdyż Administrator nie ma możliwości zablokowania kopiowania fotografii z Serwisu.\n7. Administrator zastrzega sobie prawo do anonimowej publikacji treści kierowanych przez Użytkowników\ndo zespołu obsługi Serwisu, a dotyczących kwestii związanych z funkcjonowaniem Serwisu (FAQ),\nudzielanymi poradami.\n8. Zabronione jest bez zgody Administratora wyrażonej na piśmie: kopiowanie, powielanie lub jakiekolwiek\ninne wykorzystywanie w całości lub we fragmentach informacji, danych lub innych treści i zdjęć z Serwisu,\nza wyjątkiem przypadków dozwolonego użytku wynikających z ustawy o prawie autorskim i prawach\npokrewnych (Dz.U. 1994 Nr 24 poz. 83).\n9. Administrator zastrzega sobie prawo do oznaczania różnymi metodami i cechami Materiałów\nprzekazywanych do Serwisu przez Użytkowników, dla wykazywania ich pochodzenia z Serwisu.\nAdministrator zastrzega sobie prawo do usunięcia z Kont Użytkowników archiwalnej (starszej niż 1 miesiąc\nod dnia usunięcia danego Konta) korespondencji pochodzącej z Kont, które zostały usunięte z Serwisu przez\nwykorzystujących je Użytkowników.\n10. Administrator informuje Użytkowników, iż w Serwisie mogą wystąpić przerwy w dostępności powstałe\nw wyniku niezbędnych przeglądów technicznych, zakłóceń w działaniu Internetu lub działania siły wyższej.\n11. Wszelkie uwagi, zapytania, informacje odnośnie Serwisu mogą być kierowane do Administratora pod\nadres e-mail [email protected] lub pocztą tradycyjną na adres korespondencyjny: Ringier Axel Springer\nPolska sp. z o.o., al. 29 Listopada 20, 31-401 Kraków.\n§ 9\nPrawo do odstąpienia od umowy\n1. Użytkownik ma prawo odstąpić od umowy na Pakiet Darmowy lub na Pakiet Premium w serwisie\nSympatia.pl bez podania przyczyny.\n2. Termin na odstąpienie od umowy na Pakiet Darmowy lub na Pakiet Premium wynosi 14 dni od dnia\nzawarcia umowy. Umowa zostaje zawarta z chwilą aktywacji Konta w zakresie Pakietu Darmowego, a w\nzakresie Pakietu Premium lub Dodatkowych Usług Płatnych od momentu otrzymania płatności przez\nAdministratora, bądź w zakresie SMS Premium, od momentu potwierdzenia płatności przez właściwego\nOperatora. Informacja o otrzymaniu płatności za Pakiet Premium lub Dodatkowe Usługi Płatne przez\nAdministratora zostaje wysłana na podany na Koncie adres e-mail Użytkownika, niezwłocznie po\notrzymaniu tej płatności. Od tej chwili możliwy jest dostęp do płatnych treści cyfrowych.\n\n3. Aby skorzystać z prawa odstąpienia od umowy, konieczne jest przesłanie jednoznacznej informacji o\nodstąpieniu na dane podane poniżej:\nRingier Axel Springer Polska sp. z o.o., al. 29 Listopada 20, 31-401 Kraków\nz dopiskiem „Sympatia.pl”\nlub drogą mailową na adres [email protected]\nprzykładową treść informacji podajemy poniżej:\nNiniejszym informuję o moim odstąpieniu od umowy dostarczania treści cyfrowych Pakiet\nPremium…. [prosimy wpisać rodzaj Pakietu] lub Dodatkowe Usługi Płatne w serwisie Sympatia.pl /\naplikacji Sympatia.pl [prosimy wpisać rodzaj Dodatkowych Usług Płatnych].\nData zawarcia umowy:\nImię i nazwisko konsumenta:\nAdres konsumenta:\nData:\nAktualny adres e-mail konsumenta (podany podczas rejestracji lub późniejszej edycji Konta):\nPodpis konsumenta [wymagany tylko w przypadku korespondencji pocztą]\n4. Aby zachować termin do odstąpienia od umowy, wystarczy, aby Użytkownik wysłał informację dotyczącą\nwykonania przysługującego Mu prawa odstąpienia od umowy przed upływem terminu wskazanego powyżej\n(§ 9 pkt 2). Po otrzymaniu tych informacji Sympatia.pl niezwłocznie prześle potwierdzenie otrzymania\ninformacji o odstąpieniu od umowy pocztą elektroniczną na adres e-mail widniejący w Koncie.\n5. Skutki odstąpienia od umowy: w przypadku odstąpienia od niniejszej umowy Użytkownik otrzyma zwrot\nnależności z tytułu zawartej umowy niezwłocznie, a w każdym przypadku nie później niż 14 dni od dnia, w\nktórym Administrator został poinformowany o odstąpieniu od umowy. Zwracana należność zostanie\nproporcjonalnie pomniejszona stosownie do zakresu spełnionego świadczenia Pakietu Premium lub innej\nusługi płatnej (tj. do czasu udostępniania Użytkownikowi usług Pakietu Premium lub odpowiednio innych\nusług płatnych).\n§ 10\nZmiany Regulaminu\n1. Administrator zastrzega sobie, w zakresie w jakim dopuszczalne jest to zgodnie z obowiązującymi\nprzepisami, prawo do dokonywania zmian i modyfikacji Regulaminu w przypadku zaistnienia ważnych\nprzyczyn, za które uważa się:\n\n1.1. konieczność dostosowania Regulaminu do świadczenia usług Serwisu w sytuacji obiektywnie\nuzasadnionej koniecznością zmiany warunków technicznych świadczenia tych usług,\n1.2. zmiany w powszechnie obowiązujących przepisach prawa, które pociągają za sobą konieczność zmiany\nfunkcjonowania Serwisu lub zmianę treści Regulaminu,\n1.3. prawomocne orzeczenie sądu lub decyzję organu administracji publicznej, które nakazują zmianę\nRegulaminu w określonej w nich części,\n1.4. konieczność zmiany postanowienia Regulaminu dotkniętego nieważnością, o której mowa w ust. 5\nponiżej,\n1.5. konieczność rozbudowania lub modyfikacji zakresu funkcjonalności Serwisu, tak by odpowiadał on\nobiektywnym wymogom zmieniającego się rynku usług takich jak oferowana w Serwisie lub mógł oferować\nUżytkownikom unikalne funkcjonalności.\nZmiany będą publikowane na bieżąco w postaci ujednoliconego tekstu Regulaminu na łamach Serwisu.\nZmiany Regulaminu nie mogą naruszać nabytych uprawnień Użytkowników.\n2. Po ukazaniu się na stronie głównej Serwisu lub w innych miejscach do tego przeznaczonych w Serwisie\nbądź w mailingu wysłanym do Użytkowników informacji o planowanych zmianach w Regulaminie,\nUżytkownik powinien niezwłocznie zapoznać się ze zmianami.\n3. W przypadku niezaakceptowania zmian Regulaminu, Użytkownik powinien powstrzymać się od\nzalogowania do Serwisu i niezwłocznie powiadomić Administratora o takiej decyzji kontaktując się z BOK\nSympatia.pl na adres e-mail [email protected].\n4. Oświadczenie o niezaakceptowaniu zmian w Regulaminie, pociąga za sobą usunięcie Konta Użytkownika.\nW takim wypadku Użytkownik uprawniony będzie do żądania zwrotu niewykorzystanej części wniesionej\nopłaty oraz dochodzenia odszkodowania na zasadach ogólnych.\n5. W przypadku stwierdzenia, że którekolwiek z postanowień Regulaminu jest z jakichkolwiek powodów, w\nczęści lub w całości, dotknięte sankcją nieważności, Administrator zobowiązuje się do dokonania takich\nzmian jego treści, by nieważność ową usunąć. Nieważność jednego z postanowień Regulaminu nie ma\nwpływu na ważność pozostałych jego postanowień.\n§ 11\nAplikacja Sympatia\n1. Świadczenie Usługi w Aplikacji odbywa się na zasadach określonych w niniejszym Regulaminie serwisu\nSympatia.pl (dalej \"Regulamin\"). Aplikacja umożliwia dostęp do ograniczonych funkcjonalności Serwisu.\n2. Definicje:\n\n2.1. Aplikacja - oprogramowanie, do którego prawa przysługują Administratorowi, z wykorzystaniem\nktórego możliwy jest Dostęp do Usługi w Aplikacji, funkcjonujące na określonym rodzaju Sprzętu.\nZainstalowanie Aplikacji na Sprzęcie Użytkownika wymaga zaakceptowania przez Użytkownika warunków\nkorzystania z Aplikacji wskazanych przy dokonywaniu instalacji.\n2.2. Sprzęt - urządzenia spełniające określone parametry techniczne i posiadające dostęp do Internetu,\numożliwiające zainstalowanie Aplikacji i korzystanie z Usługi w Aplikacji, w tym urządzenia mobilne\n(smartfony, tablety). Dostęp do Usługi w Aplikacji wymaga posiadania Sprzętu, spełniającego wymogi\nokreślone w punkcie 4.1 niniejszego paragrafu.\n2.3. Użytkownik Aplikacji – dla Aplikacji na system Android - osoba fizyczna w wieku powyżej 16 lat,\nkorzystająca z Aplikacji, a dla Aplikacji na system iOS – osoba fizyczna w wieku od 18 lat (zgodnie z\nwymaganiami polityki Apple);\n2.4. Usługa w Aplikacji (funkcjonalność treści cyfrowych) – dostęp do ograniczonych funkcjonalności\nserwisu Sympatia.pl w Aplikacji, świadczony na zasadach określonych w niniejszym Regulaminie.\n2.5. Dostęp do Usługi w Aplikacji – dostęp do ograniczonych funkcjonalności Serwisu Sympatia.pl\nznajdujących się w Aplikacji, uzyskiwany przez Użytkownika poprzez uruchomienie Aplikacji i zalogowanie\nsię, w zakresie ujętym w niniejszym Regulaminie. Dostęp do Usługi w Aplikacji uzyskiwany jest przez\nUżytkownika za pośrednictwem Aplikacji zainstalowanej tylko na określonym Sprzęcie.\n2.6. Dane - wszelkie dane osobowe dostarczane do Administratora przez Użytkowników w trakcie\nkorzystania z Aplikacji bądź Usługi w Aplikacji, w szczególności adres e-mail i inne dane przesłane do\nAdministratora lub przekazywane telefonicznie. Użytkownicy ponoszą pełną odpowiedzialność za treść\nprzekazywanych Danych i zapewniają, że przekazane Dane są zgodne ze stanem faktycznym oraz wyrażają\nosobną zgodę na ich przetwarzanie w związku z realizacją Usługi.\n3. Zasady Dostępu do Usługi w Aplikacji\n3.1. Korzystanie z Usługi w Aplikacji wymaga połączenia z siecią Internet. W przypadku Aplikacji na\nurządzeniach mobilnych, typu smartfon lub tablet, korzystanie z Usługi w Aplikacji może wiązać się z\nuruchomieniem płatnej komórkowej transmisji danych, zgodnie z regulaminem właściwego Operatora\ntelefonii komórkowej.\n3.2. W ramach Usługi w Aplikacji, Użytkownik Aplikacji uzyskuje możliwość skorzystania z ograniczonych\nfunkcjonalności Serwisu, dla których zakres (w zależności od Pakiet Darmowy lub Pakiet Premium) i czas\ndostępu uwarunkowany jest zasadami opisanymi w Zasady świadczenia usług odpłatnych w serwisie\nSympatia.pl oraz Tabela opłat i usług serwisu Sympatia.pl – załączniki 1 i 2 Regulaminu.\n3.3. Pakiet Darmowy pozwala na korzystanie z wyszukiwarki (z wyjątkiem wyszukiwania nowych Profili),\nprzeglądanie Profili, dodawanie wybranych osób do Listy ulubionych, dodawanie wybranych osób do\nCzarnej Listy, wysyłanie Oczek, wysłanie jednej wiadomości na dobę, zabawę w „Bingo!” (pod warunkiem\nspełnienia warunków zabawy).\n\nAdministrator zastrzega sobie prawo, iż w przypadku aktualizacji nowych wersji Aplikacji w związku z\nkoniecznością jej całkowitej lub częściowej przebudowy lub/i przepisaniem kodu Aplikacji wynikającymi ze\nzmieniających się wymagań oraz rekomendacji technicznych, zakres Pakietu Darmowego lub Pakietu\nPremium może ulec zmianie. Użytkownik zostanie poinformowany uprzednio o zmianach. Zmiany nie\nnaruszają praw nabytych Użytkownika, a Użytkownik uprawniony jest w opisanym wyżej przypadku do\nwypowiedzenia umowy zawartej w oparciu o Regulamin i uprawniony będzie do żądania zwrotu\nniewykorzystanej części wniesionej opłaty oraz dochodzenia odszkodowania na zasadach ogólnych.\n3.4. Użytkownik Aplikacji może zrezygnować z Usługi w Aplikacji natychmiast bez podawania przyczyny\n(wypowiedzenie) poprzez odinstalowanie Aplikacji ze Sprzętu.\nOdinstalowanie Aplikacji ze Sprzętu nie jest równoznaczne z usunięciem Konta z Serwisu Sympatia.pl. Po\nodinstalowaniu Aplikacji ze Sprzętu usunięcie Konta z Serwisu możliwe jest tylko z poziomu Serwisu, wg\nzasad opisanych w § 5 Uczestnictwo w Serwisie.\nNatomiast skorzystanie z funkcjonalności usuwania Konta w Aplikacji nie jest również równoznaczne z\nodinstalowaniem Aplikacji ze Sprzętu.\n3.5. Dostęp do oferowanych Usług w Aplikacji wymaga wyłącznie posiadania Sprzętu spełniającego\nwymogi określone w § 11 „Aplikacja Sympatia” pkt. 4.1, niniejszego Regulaminu.\n4. Zasady świadczenia Usługi w Aplikacji i interoperacyjność treści cyfrowych\n4.1. Dostęp i korzystanie z Usługi w Aplikacji, z zastrzeżeniem wymogów podanych w § 3 ust. 2 powyżej\n(Interoperacyjność) możliwe jest:\n4.1.1. a) dla Użytkowników Sprzętu z systemem operacyjnym Android, wersja 6.0 i wyższe,\nb) dla Użytkowników Sprzętu z systemem operacyjnym iOS, wersja 13.0 i wyższe.\n4.1.2. Jedynie przy połączeniu z siecią Internet.\n4.2. Użytkownik Aplikacji odpowiada za jakość Sprzętu technicznego, z którego korzysta w celu Dostępu do\nUsług w Aplikacji, w tym za problemy techniczne bądź ograniczenia techniczne występujące na tym\nSprzęcie (firewalle - blokady, programy antywirusowe i inne), a które mogą utrudniać lub uniemożliwiać\nUżytkownikowi Dostęp do Usług w Aplikacji.\n4.3. Utrwalanie, kopiowanie lub ingerencja Użytkownika w treści i materiały zamieszczone w Aplikacji są\nzabronione.\n5. Administrator informuje, iż podczas korzystania z Aplikacji zapisywane są krótkie informacje tekstowe\nzwane \"Cookies\". Więcej szczegółów dotyczących wykorzystania „Cookies” znajdują się w treści\ndokumentu Polityka Prywatności.\n6. Reklamacje do Aplikacji\n\n6.1. Każdemu Użytkownikowi Aplikacji przysługuje prawo do złożenia reklamacji w sprawach związanych z\nfunkcjonowaniem Usługi w Aplikacji.\n6.2. Reklamacje do Aplikacji należy składać do Administratora drogą określoną w niniejszym Regulaminie.\n6.3. W przypadku, gdy rozpoznanie reklamacji do Aplikacji wymaga nietypowych, szczególnych działań i\nustaleń lub spowodowane jest awarią Sprzętu lub sieci internetowej, termin rozpatrzenia reklamacji może\nulec wydłużeniu. Administrator ponadto zastrzega, że rozpatrzenie reklamacji może wymagać uzyskania od\nUżytkownika Aplikacji dodatkowych wyjaśnień - czas udzielania wyjaśnień przez Użytkownika Aplikacji\nkażdorazowo przedłuża okres rozpoznania reklamacji.\n6.4. Odpowiedź na reklamację do Aplikacji zostanie przesłana w formie e-mail lub pisemnej do\nUżytkownika Aplikacji na adres podany przez Użytkownika Aplikacji w reklamacji. W pozostałym zakresie,\nw tym do terminów odpowiedzi na reklamacje stosuje się procedurę opisaną w § 7 Regulaminu.\n7. Metody Płatności w Aplikacji określone zostały w Załączniku nr 1 do Regulaminu „Zasady i zakres\nświadczenia usług odpłatnych w serwisie Sympatia.pl”.\n***\nZałączniki do Regulaminu Serwisu Internetowego Sympatia.pl:\n1. Załącznik Nr 1: Zasady i zakres świadczenia usług odpłatnych w serwisie Sympatia.pl\n2. Załącznik Nr 2: Tabela opłat i usług serwisu Sympatia.pl\nZasady ochrony prywatności reguluje Polityka prywatności\nPoprzednia wersja regulaminu dostępna TUTAJ.\n***\nZałącznik nr 1 do Regulaminu Serwisu Internetowego Sympatia.pl\nZałącznik nr 1: Zasady i zakres świadczenia usług odpłatnych w serwisie Sympatia.pl\n1. Niniejszy Załącznik nr 1 do Regulaminu Serwisu Internetowego Sympatia.pl, reguluje zasady świadczenia\nposzczególnych usług w serwisie Sympatia.pl, których aktywowanie związane jest z obowiązkiem zapłaty,\nzasady ich aktywowania, oraz wszelkie inne kwestie związane z takimi usługami.\n2. Załącznik nr 1 obecnie reguluje następujące usługi:\nI. Pakiet Premium – zakres usług płatnych dostępnych tylko dla zarejestrowanych Użytkowników serwisu\nSympatia.pl. Szczegółowy opis zakresu Pakietu Premium i cen znajduje się poniżej w \"Tabela opłat i usług\nSerwisu Sympatia.pl\". Pakiet Premium to funkcjonalności w Serwisie dostępne dla Użytkowników, którzy po\nuiszczeniu stosownej opłaty, uzyskują na określony okres czasu status Abonenta. Pakiet Premium - poza\n\nfunkcjami Pakietu Darmowego i w zależności od wybranego okresu ważności Abonamentu - pozwala\ndodatkowo m.in. na: filtrowanie tylko nowych Profili w wyszukiwarce; wysyłanie dodatkowych wiadomości;\nmożliwość podglądu osób, które odwiedziły dany Profil; możliwość podglądu osób, które polubiły dany\nProfil w zabawie w „Bingo!”, możliwości korzystania z dodatkowej funkcjonalności wideoczatów\n(możliwość wideoczatu zależy od zgody Użytkownika, do którego ma być kierowany wideoczat) oraz innych\npreferencji przyznawanych okresowo Abonentom, takich jak: Profil odwiedzają tylko osoby posiadające\nzdjęcie główne lub/i spełniające wybrane kryteria takie jak płeć, wiek oraz kryteria wartości poszukiwanych\nw Serwisie m.in. takich jak przygoda itp.\nII. Dodatkowe Usługi Płatne - usługa dodatkowa - Poczta otwarta, Profil przymknięty oraz Tylko ze\nzdjęciem. Poczta otwarta jest usługą, której funkcjonalność polega na umożliwieniu Użytkownikom\notrzymywanie wiadomości od wszystkich Użytkowników Serwisu, niezależnie od posiadanego Pakietu.\nProfil przymknięty jest wspomagającą funkcją gwarantującą możliwość wybrania warunków wieku, płci czy\nteż wartości poszukiwanych w Serwisie, jakie mają spełniać osoby odwiedzające dany Profil. Tylko ze\nzdjęciem umożliwia udostępnienie Profilu danej osoby tylko tym Profilom, które posiadają zdjęcie główne.\n3. Administrator, z zachowaniem praw nabytych Użytkownika i w granicach dopuszczalnych przez\nobowiązujące przepisy oraz z uwzględnieniem zapisów poniższych, zastrzega sobie prawo do zmiany cen\nusług płatnych (Pakiet Premium, Dodatkowe Usługi Płatne) znajdujących się w ofercie Serwisu,\nprzeprowadzania czasowych akcji promocyjnych i rabatowych, w tym wprowadzania do nich zmian. Zmiany\ntakie nie wpływają na uprzednio zakupiony przez Użytkowników dostęp do usług płatnych (Pakiet Premium,\nDodatkowe Usługi Płatne). Wzrost stawek cen może nastąpić w przypadku wystąpienia ważnych przyczyn\nprzez które rozumie się wzrost kosztów działalności związanej z udostępnianiem Serwisu/Aplikacji (stawki\npodatków, stawki wynagrodzeń, koszty usług IT, opłaty licencyjne, ceny energii i innych mediów). Zmiana\ncen wprowadzana będzie z wyprzedzeniem co najmniej jednego okresu rozliczeniowego, nie krótszym\njednak niż 14 dni. Użytkownik w przypadku wprowadzenia ww. zmian uprawniony jest do rezygnacji z\nusługi płatnej do końca okresu wypowiedzenia.\n4. Wszelkie usługi nie uregulowane w niniejszym Załączniku nr 1 świadczone są na zasadach opisanych na\nłamach Regulaminu Serwisu, a ich świadczenie, będzie miało miejsce nie wcześniej, niż po prawidłowym\ndokonaniu aktywacji usługi. Koszty związane z aktywacją określane są w Załącznik Nr 2 do Regulaminu\nzatytułowanym \"Tabela opłat i usług Serwisu Sympatia.pl\".\n5. Aktywowanie Pakietów i Dodatkowych Usług Płatnych, dokonywane jest dostępnymi dla danej usługi\nkanałami aktywacji, o ile inaczej nie postanowiono dla konkretnych usług w niniejszym Załączniku nr 1 lub\nZałączniku Nr 2.\n6. Usługa Pakiet Premium z automatycznym pobieraniem płatności.\nWybierając płatność kartą kredytową lub przez SMS (Direct Billing) Użytkownik ma możliwość wyboru\nautomatycznego pobierania płatności za kolejne okresy rozliczeniowe wskazane w rodzajach poszczególnych\nPakietów (okresy rozliczeniowe mogą być miesięczne, kwartalne i półroczne, a dostępność poszczególnych\nokresów dla automatycznego pobierania płatności zależy od oferty operatora danej płatności) lub płatności\n\njednorazowej. Automatyczne pobieranie płatności ma na celu zapewnienie ciągłości w korzystaniu z\nwybranych funkcji Serwisu bez dodatkowych formalności. Okresy rozliczeniowe (Abonamenty) na\nposzczególne Pakiety są wskazane w Załączniku nr 2 \"Tabela opłat i usług Serwisu Sympatia.pl\". Umowa\nzostaje zawarta na czas nieokreślony z możliwością wypowiedzenia w terminie najpóźniej 5 dni przed\nkońcem trwania danego okresu rozliczeniowego ze skutkiem na koniec tego okresu:\na) Wypowiedzenia umowy (wypisania się z subskrypcji) po dokonaniu płatności kartą kredytową można\ndokonać poprzez kontakt z Biurem Obsługi Klienta Sympatia.pl:\n- mailowo na adres: [email protected]\n- listownie na adres korespondencyjny: Ringier Axel Springer Polska sp. z o.o. al. 29 Listopada 20, 31-401\nKraków z dopiskiem „Sympatia.pl”\nb) Wypowiedzenia umowy (wypisania się z subskrypcji) po dokonaniu płatności poprzez SMS (Direct\nBilling) można dokonać poprzez wysłanie SMS:\n- w przypadku operatorów PLUS, Orange i PLAY: SMS o treści SYMPATIA pod nr 80713 (koszt SMS\nwynosi 0 zł);\n- w przypadku operatora T-Mobile: SMS o treści SYMPATIA pod nr 80711 (koszt SMS wynosi 0 zł);\nc) Po każdorazowym automatycznym pobraniu płatności Użytkownik otrzymuje od Administratora w formie\ne-mail odpowiednie potwierdzenie.\nd) Po zakończeniu Pakietu Premium status Użytkownika zostaje automatycznie przekształcony w Pakiet\nDarmowy (ze związanym z tym ograniczonym zakresem korzystania z usług).\nW przypadku wyboru przez Użytkownika automatycznego pobierania płatności za kolejne okresy\nsubskrypcyjne wysokość kolejnych opłat będzie taka, jak przy pierwszej opłacie (tj. będzie uwzględniać\newentualny rabat stosowany w momencie pierwszej płatności), niezależnie od stosowanych przez\nAdministratora w późniejszym okresie innych rabatów, chyba, że Administrator dodatkowo obejmie tymi\nrabatami także płatności subskrypcyjne.\nW przypadku niemożności zrealizowania odnowienia płatności z uwagi na brak środków na koncie lub\ninnym źródle udostępnionym przez Użytkownika (np. abonament pre-paid dla płatności SMS (Direct\nBilling)) Usługa Pakietu Premium nie zostanie odnowiona i wygasa.\nI. Regulamin Usługi \"Pakiet Premium\"\n1. Organizator\nRingier Axel Springer Polska sp. z o.o. z siedzibą w Warszawie (02 – 672), ul. Domaniewska 49,\nzarejestrowana w rejestrze przedsiębiorców Krajowego Rejestru Sądowego prowadzonym przez Sąd\nRejonowy dla m. st. Warszawy Wydział XIII Gospodarczy Krajowego Rejestru Sądowego pod numerem\n\nKRS 0000420780, z kapitałem zakładowym w kwocie 106.000 zł, NIP: 5272677009, REGON: 146127300,\ne-mail: [email protected].\n2. Aktywacja usługi.\n2.1. Korzystać z usługi „Pakiet Premium” może każdy Użytkownik Serwisu.\n2.2. Korzystanie z usługi „Pakiet Premium” następuje każdorazowo po dokonaniu aktywacji na określony\nokres czasu, wskazany w Załączniku nr 2 zatytułowanym \"Tabela opłat i usług Serwisu Sympatia.pl\".\n2.3. Użytkownik ma prawo do odstąpienia od umowy poprzez zgłoszenie żądania w trybie określonym w § 9\nRegulaminu serwisu Sympatia.pl.\n2.4. Użytkownik ma możliwość dokonania aktywacji za pomocą różnych metod płatności, dostępnych w\nzależności od sposobu korzystania z Serwisu: strona webowa, strona mobilna lub Aplikacja – informacje o\ndostępnych metodach płatności są widoczne dla Użytkownika na określonej platformie, z której korzysta\n(strona webowa, strona mobilna lub Aplikacja):\na) wysłanie SMS-a Premium pod numer i o treści wskazanej dla danego okresu Abonamentu w \"Tabela opłat\ni usług Serwisu Sympatia.pl\". Koszt SMS-a Premium wskazany w tabeli \"Tabela opłat i usług Serwisu\nSympatia.pl\" stanowi zawsze kwotę brutto. Cena SMS-a Premium zależna jest od wybranej usługi,\nwskazanej w \"Tabela opłat i usług Serwisu Sympatia.pl\". Aktywacja Pakietu Premium tym sposobem\ndostępna jest tylko z telefonów komórkowych oraz dla wybranych Abonamentów zgodnie z zasadami\nopisanymi w \"Tabela opłat i usług Serwisu Sympatia.pl\".\nW przypadku płatności SMS, wysłanie błędnej treści na podany numer powoduje naliczenie opłaty przez\nOperatora bez uzyskania dostępu do usługi płatnej.\nb) wniesienie opłaty za aktywację usługi za pośrednictwem przekazu pocztowego lub systemu bankowości\ninternetowej (przelew) Partnera Administratora. System bankowości internetowej (przelew) dostępny jest dla\nUżytkowników posiadających odpowiednie internetowe konta bankowe. W przypadku aktywacji jedną z ww.\nmetod aktywowanie usługi nastąpi automatycznie po odnotowaniu wpływu z tytułu dokonanej płatności na\nkonto Administratora o czym Użytkownik zostanie powiadomiony e-mailem.\nc) wniesienie opłaty za aktywację usługi elektroniczną kartą płatniczą za pośrednictwem systemu Partnera\nAdministratora. Ta metoda dostępna jest dla Użytkowników posiadających stosowne karty płatnicze, które\npozwalają na płacenie za usługi w Internecie. W tym przypadku aktywowanie usługi nastąpi automatycznie\nniezwłocznie po skutecznym dokonaniu płatności, o czym Użytkownik zostanie powiadomiony e-mailem.\nAktywacja usługi tym sposobem możliwa jest tylko dla wybranych okresów Abonamentu, wskazanych w\n\"Tabela opłat i usług Serwisu Sympatia.pl\".\nd) wniesienie opłaty za aktywację usługi za pośrednictwem systemu płatności Blik (Operatorem płatności\njest Partner Administratora).\n\ne) wniesienie opłaty za aktywację usługi za pośrednictwem SMS (Direct Billing) tj. kanału płatności online\nłączącego cechy usług SMS Premium Rate z płatnościami internetowymi. Polega na:\n- poleceniu dodania obciążenia do rachunku (abonamentu) telefonicznego w przypadku, gdy Użytkownik jest\nstroną umowy z operatorem telefonicznym i rozlicza płatności za korzystanie z usług tego operatora w\nmodelu post-paid, lub\n- poleceniu pomniejszenia salda konta w przypadku, gdy Użytkownik jest stroną umowy z operatorem\ntelefonicznym i rozlicza płatności za korzystanie z usług tego operatora w modelu pre-paid.\nOpisany w niniejszej lit. e) sposób płatności wykorzystuje saldo rachunku usługi Operatora GSM\nUżytkownika, który współpracuje z Administratorem bezpośrednio (np. T-Mobile, Orange) lub za\npośrednictwem podmiotu trzeciego (np. Teleaudio). Płatność odbywa się za pomocą telefonów\nkomórkowych - użytkownik, wprowadza do formularza swój numer telefonu i otrzymuje wiadomość\nzwrotną (SMS) z numerem PIN, który później wpisuje na odpowiedniej stronie internetowej potwierdzając w\nten sposób płatność.\nf) In-App-Purchase (zakupy w Aplikacji z poziomu Aplikacji na system operacyjny iOS) – płatność w\npostaci jednorazowej. Realizowana za pośrednictwem sklepu Apple App Store, polegająca na obciążeniu\nkarty płatniczej skojarzonej z kontem Apple ID. Cennik jest widoczny w Aplikacji przed zakupem.\nMetody płatności mogą ulegać zmianie na poszczególnych platformach.\n2.5. W przypadku dokonania aktywacji usługi za pomocą SMS Premium lub wniesienia opłat aktywacyjnych\nw większej ilości za kilka różnych lub jednakowych okresów Abonamentu przedłużają one aktywowany lub\ntrwający już okres Abonamentu.\n2.6. W przypadku wnoszenia opłaty aktywacyjnej (tj. poza SMS Premium), Użytkownik zobowiązany jest do\nprecyzyjnego określenia kwoty wnoszonej tytułem opłaty aktywacyjnej, która musi być zgodna z wysokością\nopłat określonych w \"Tabela opłat i usług serwisu Sympatia.pl, z uwzględnieniem ewentualnych rabatów,\npod rygorami określonymi w punktach następnych niniejszego regulaminu.\n2.7. W przypadku wnoszenia opłaty aktywacyjnej za pośrednictwem przelewu bankowego lub przekazu\npocztowego Użytkownik zobowiązany jest do precyzyjnego podania numeru konta bankowego (każde\nzamówienie w serwisie Sympatia.pl posiada swój unikalny numer konta) oraz dokładnego określenia kwoty\nwnoszonej tytułem opłaty aktywacyjnej, która musi być zgodna z wysokością opłat określonych w \"Tabela\nopłat i usług Serwisu Sympatia.pl\" z uwzględnieniem ewentualnych rabatów, pod rygorami określonymi w\npunktach następnych niniejszego regulaminu. Opłata aktywacyjna powinna zostać wniesiona w terminie nie\npóźniejszym niż 10 dni od daty złożenia zamówienia usługi „Pakiet Premium” lub „Dodatkowych Usług\nPłatnych”. W przypadku opóźnienia w dotrzymaniu tego terminu Administrator nie gwarantuje uruchomienia\nusługi; w takiej sytuacji Użytkownikowi zwrócone zostaną wpłacone środki po przedstawieniu dokumentów\npotwierdzających dokonaną wpłatę.\n\n2.8. W przypadku wpłaty środków pieniężnych w wysokości innej niż dokładna stawka jednej ze\nwskazanych w \"Tabela opłat i usług Serwisu Sympatia.pl\" wysokości opłaty aktywacyjnej z uwzględnieniem\newentualnego rabatu usługa nie zostanie aktywowana dla danego Użytkownika automatycznie na okres\nodpowiadający tej stawce opłaty aktywacyjnej wskazanej w \"Tabela opłat i usług Serwisu Sympatia.pl\".\n2.9. Okres Abonamentu liczony jest z dokładnością do daty i godziny aktywacji, która może być różna, w\nzależności od wybranej metody aktywacji, w przypadku wnoszenia opłat, uzależniona jest także od\nmożliwości technicznych systemów pośredniczących w przekazie środków pieniężnych i informacji o\nwniesieniu opłat, przekazywanej przez pośredników Administratorowi.\n3. Zasady szczególne aktywacji usługi „Pakiet Premium” .\n3.1. Zakończenie aktywowanego Pakietu Premium następuje po upływie wskazanego okresu obowiązywania\ntego Pakietu, dla Usługi Pakiet Premium z automatycznym pobieraniem płatności - umowa zostaje zawarta\nna czas nieokreślony z możliwością wypowiedzenia w terminie najpóźniej 5 dni przed końcem trwania\ndanego okresu rozliczeniowego ze skutkiem na koniec tego okresu, przy czym szczególne zasady, skutki i\nczas wygaśnięcia poszczególnych usług dostępnych w ramach danego Abonamentu precyzyjnie określone są\nw \"Tabeli kosztów i usług Serwisu Sympatia.pl\".\n3.2. Przed upływem aktywowanego okresu Abonamentu na czas określony, Użytkownik zostanie\npowiadomiony e-mailem o fakcie zbliżającego się końca tego okresu, tak aby mógł dokonać czynności\nniezbędnych do podtrzymania aktywacji na następny okres, w celu zachowania ciągłości Abonamentu, co ma\nistotne znaczenie dla niektórych usług świadczonych w ramach usługi, gdyż w pewnych przypadkach\nprzerwa w świadczeniu niektórych usług może powodować nieodwracalne zmiany w ich zakresie, o czym\nmożna się dowiedzieć w \"Tabela opłat i usług Serwisu Sympatia.pl\".\n4. Dostępność regulaminu\nZ regulaminem usługi można się zapoznać w siedzibie Administratora (al. 29 Listopada 20, 31-401 Kraków)\noraz na stronie internetowej: Regulamin serwisu Sympatia.pl.\n***\nZałącznik nr 2 do Regulaminu Serwisu Internetowego Sympatia.pl\nZałącznik nr 2: Tabela opłat i usług serwisu Sympatia.pl\nI. Usługa \"Pakiet Premium\"\nDzięki aktywowaniu usługi Premium, Użytkownik staje się na określony czas jej Abonentem, dla którego\nprzewidziany jest szereg wyszczególnionych poniżej usług rozszerzonych Serwisu, zależnych od\nwykupionego Pakietu Premium.\n1. Koszty aktywacji usługi „Pakiet Premium”.\n\na) „Pakiet 1 miesiąc” - koszt takiego Abonamentu usługi „Pakiet Premium” wynosi maksymalnie 30,00\nPLN, przy czym Administrator zastrzega sobie prawo do stosowania zniżek i promocji, w tym w\nszczególności stosowania niższych stawek w przypadku wybrania przez Użytkownika określonych form\npłatności\n(wszystkie powyższe ceny brutto zawierają podatek VAT w wysokości 23%.)\nW ramach „Pakietu 1 miesiąc” Użytkownik otrzymuje:\nAbonament na usługę „Pakiet Premium” na okres 30 dni możliwość korzystania z wyszukiwarki (w tym\nwyszukiwanie nowych Profili), przeglądanie Profili osób, którymi dany Użytkownik jest zainteresowany\n(dostępność uzależniona od ustawionych kryteriów na Profilu lub blokad); dodawanie wybranych osób do\nListy ulubionych; dodawanie wybranych osób do Czarnej listy; wysyłanie Oczek; wysyłanie dodatkowych\nwiadomości; możliwość podglądu osób, które odwiedziły dany Profil; możliwość podglądu osób, które\npolubiły dany Profil w zabawie w „Bingo!”. W przypadku przedłużenia „Pakietu Premium” w trakcie jego\ntrwania przy pomocy „Pakietu Premium 1 miesiąc” zakres tego Pakietu Premium obejmuje: Abonament na\nusługę „Pakiet Premium” na okres kolejnych 30 dni (przy czym Administrator zastrzega sobie prawo do\nstosowania promocji w postaci np. wydłużenia tego okresu, w szczególności w przypadku wybrania przez\nUżytkownika określonych form płatności) oraz wszystkie powyższe funkcjonalności.\nb) \"Pakiet 3 miesiące\" – koszt takiego Abonamentu „Pakiet Premium” wynosi maksymalnie 45,00 PLN, przy\nczym Administrator zastrzega sobie prawo do stosowania zniżek i promocji, w tym w szczególności\nstosowania niższych stawek w przypadku wybrania przez Użytkownika określonych form płatności\n(wszystkie powyższe ceny brutto zawierają podatek VAT w wysokości 23%.)\nW ramach „Pakietu 3 miesiące” Użytkownik otrzymuje:\nAbonament na usługę „Pakiet Premium” na okres 90 dni, możliwość ustawienia opcji blokowania\nwyświetlania swojego profilu osobom bez dodanego zdjęcia na okres 90 dni, a także pozostały zakres funkcji\nz „Pakietu 1 miesiąc”. W przypadku przedłużenia „Pakietu Premium” w trakcie jego trwania przy pomocy\n„Pakietu Premium 3 miesiące” zakres tego Pakietu Premium obejmuje: Abonament na usługę „Pakiet\nPremium ” na okres kolejnych 90 dni (przy czym Administrator zastrzega sobie prawo do stosowania\npromocji w postaci np. wydłużenia tego okresu, w szczególności w przypadku wybrania przez Użytkownika\nokreślonych form płatności) oraz wszystkie powyższe funkcjonalności.\nc) \"Pakiet 6 miesięcy\" – koszt takiego Abonamentu „Pakiet Premium ” wynosi maksymalnie 60,00 PLN,\nprzy czym Administrator zastrzega sobie prawo do stosowania zniżek i promocji, w tym w szczególności\nstosowania niższych stawek w przypadku wybrania przez Użytkownika określonych form płatności\n(wszystkie powyższe ceny brutto zawierają podatek VAT w wysokości 23%.)\nW ramach „Pakietu Premium 6 miesięcy” Użytkownik otrzymuje:\n\nAbonament na usługę „Pakiet Premium” na okres 180 dni, możliwość ustawienia opcji blokowania\nwyświetlania swojego profilu osobom bez dodanego zdjęcia na okres 180 dni, możliwość ustawienia opcji\nblokowania wyświetlania swojego Profilu osobom spełniającym szczegółowe kryteria takie jak wiek, płeć\noraz szczegółowe kryteria wyszukiwania ustawione przez Użytkownika na okres 180 dni, a także pozostały\nzakres funkcji z „Pakietu 1 miesiąc”. W przypadku przedłużenia „Pakietu Premium” w trakcie jego trwania\nprzy pomocy „Pakietu Premium 6 miesięcy” zakres tego Pakietu obejmuje: Abonament na usługę „Pakiet\nPremium” na okres kolejnych 180 dni (przy czym Administrator zastrzega sobie prawo do stosowania\npromocji w postaci np. wydłużenia tego okresu, w szczególności w przypadku wybrania przez Użytkownika\nokreślonych form płatności) oraz wszystkie powyższe funkcjonalności.\n2. Administrator zastrzega sobie prawo rozszerzenia zakresu danego Pakietu Premium o dodatkowe usługi i\npreferencje przyznawane Użytkownikom Pakietu Premium na stałe lub okresowo, o czym będzie można\ndowiedzieć się na stronach Serwisu lub w korespondencji od Administratora.\nII. Dodatkowe Usługi Płatne\n1. Dodatkowe Usługi Płatne dostępne są tylko dla Użytkowników posiadających aktywny Pakiet Premium i\nzakup każdej z Dodatkowych Usług Płatnych można dokonać tylko na łączny okres pozostający do daty\nwygaśnięcia aktualnego Pakietu Premium (tj. tylko na pozostały w dniu zakupu Dodatkowej Usługi Płatnej\nokres funkcjonowania aktualnego Pakietu Premium). Oznacza to, że nie można zakupić wybranej\nDodatkowej Usługi Płatnej będąc użytkownikiem Pakietu Darmowego lub np. dokonać zakupu Dodatkowej\nUsługi Płatnej tylko na okres 30 dni, w przypadku kiedy Użytkownik posiada pakiet Premium wygasający za\nwięcej niż 30 dni.\nKoszt każdej z Dodatkowych Usług Płatnych to 5 zł (cena brutto zawiera podatek VAT w wysokości 23%) za\nkażde rozpoczęte 30 dni, liczone do daty wygaśnięcia aktualnego Pakietu Premium (tj. data wygaśnięcia\nDodatkowej Usługi Płatnej w momencie zakupu jest równoważna z datą wygaśnięcia aktualnego Pakietu\nPremium).\nW przypadku, gdy na skutek wcześniejszego upływu ważności Pakietu Premium Użytkownik nie będzie\nmógł wykorzystać Dodatkowej Usługi Płatnej w całości (tj. w pełnym okresie, na który została zakupiona)\nUżytkownik uprawniony jest do żądania zwrotu proporcjonalnej części wpłaconej opłaty za Dodatkową\nUsługę Płatną. Za zgodą Użytkownika mogą być także stosowane inne metody rozliczenia niewykorzystanej\npłatności, np. przedłużenie Pakietu Premium lub udostępnienie innych usług Administratora.\n2. Płatności za Dodatkowe Usługi Płatne można dokonać wyłącznie przy wykorzystaniu wyraźnie\nwskazanych metod płatności - informacje o dostępnych metodach płatności są widoczne dla Użytkownika na\nokreślonej platformie, z której korzysta (strona webowa, strona mobilna lub Aplikacje).\n3. Dodatkowe Usługi Płatne obejmują następujące usługi:\na) Poczta otwarta jest dodatkową usługą umożliwiającą odpisywanie na wiadomości osobom bez aktywnego\nPakietu Premium.\n\nb) Profil przymknięty jest wspomagającą funkcją gwarantującą możliwość wybrania warunków wieku, płci\nczy też wartości poszukiwanych w Serwisie, jakie mają spełniać osoby odwiedzające dany Profil (jest ona\nwłączona w zakres Pakietu Premium 6 miesięcy).\nc) Tylko ze zdjęciem jest dodatkową usługą, która umożliwia udostępnienie Profilu danej osoby tylko tym\nProfilom, które posiadają zdjęcie główne (jest ona włączona w zakres Pakietu Premium 3 i 6 miesięcy).\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":1,"explanation":"When the company reserves the right to change the contract with a valid reason specified in the contract or does not reserve a right to change it at all"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"BLIK","url":"https://blik.com/en/documentation","lang":"ENG","sector":"Finance","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Optionally paid","date":"30.03.2020"},"document":{"title":"","text":"1 \n \n \n \n \n \nRegulations \nof the BLIK Mobile Payments System \n \n \n \n \n \n \n \nEighth edition, 30 March 2020 \n \n \n\n2 \n \nPart A – Regulations of the BLIK Payment Scheme \n \nI. GENERAL PROVISIONS \n§ 1. \n1. The BLIK payment scheme is a payment scheme within the meaning of the Act of 19 August 2011 on \npayment services (Journal of Laws No. 199, item 1175, as amended) operated by Polski Standard \nPłatności Sp. z o.o. as a payment organisation, closely linked with the BLIK Mobile Payments System \noperated by Polski Standard Płatności Sp. z o.o. as an operator of the payment system within the \nmeaning of the Act of 24 August 2001 on settlement finality in payment and securities settlement \nsystems and the rules for monitoring these systems (Journal of Laws No. 123, item 1351, as amended). \n2. This document sets forth the Regulations of the functioning of the BLIK Payment Scheme, in particular \nit specifies: \n1) the rules for participation in the scheme and duties of the Participants of this scheme; \n2) types of payment instruments that can be offered by Participant within the framework of the scheme; \n3) technical and organisational requirements related to participation in the BLIK Payment Scheme, as \nwell as requirements pertaining to the rules for making transactions in the BLIK Payment Scheme \nfor PSP, Issuers, Acquirers, Merchants, Users and Institutional Users, including the rules for \ninitiation, processing and input of Mobile Transactions for clearing in the BLIK Payments System \nor other payment systems, as well as the settlement of these transactions; \n4) requirements for providers the technical infrastructure used in relation to entrusting the tasks related \nto the ongoing functioning of the scheme; \n5) processing and clearing currencies of payment transactions made using the payment instruments \nissued within the framework of the scheme; \n6) infrastructure, payment systems and payment schemes to which the functioning of the scheme will \nbe related; \n7) principles of responsibility of the scheme Participants and PSP with respect to the processing and \nclearing of BLIK Transactions; \n8) principles of responsibility of the BLIK scheme Participants and PSP with respect to the processing \nof complaints related to BLIK Transactions; \n9) risks existing in relation to the functioning of the scheme and the method of managing particular \ntypes of risks related to the functioning of this scheme; \n10) organisational solutions of PSP as a payment organisation with respect to the structure and \nprocedures for making decision with respect to the activities involving the processing of BLIK \nTransactions within the framework of the BLIK Payment Scheme, and the method of determining \nthe costs of these activities. \n \n\n3 \n \n§ 2. \nTerms used in the Regulations and other documents issued by Polski Standard Płatności Sp. z o.o. in relation \nto the functioning of the BLIK Scheme shall have the following meaning: \nTerm \nDefinition \nAcquirer \nentity being a Participant who allows the execution of Mobile Transactions \nconducted using Accepting Devices, by transferring data pertaining to Mobile \nTransactions for processing within the framework of the BLIK Scheme, and \ncarrying out activities resulting in the transfer of cash in relation to the execution \nof Mobile Transactions to the Merchant or another entitled entity \nSecured Agent \nAcquirer who has an account with the Securing Issuer, designated for the Clearing \nand Settlement of Mobile Transactions input into the BLIK System by this \nSecured Agent \nMerchant \nentity authorised, based on the agreement with the Acquirer, to accept BLIK \nTransactions and receive cash for accepting Mobile Transactions from the \nAcquirer \nAlias \npermanent (multiple-use) BLIK Code used for the purposes of identifying the \nMobile Account registered in the PSP System based on the order of the Issuer, \nused in compliance with the Technical Specification for Participants \nMobile Application \napplication for mobile devices made available by the Issuer to the User, meeting \nthe requirements set forth in the Agreement and the Regulations, and approved by \nPSP as a tool used by the Users to initiate or confirm BLIK Transactions \nmPOS Application \napplication for mobile devices made available by the Acquirer, meeting the \nrequirements set forth in the Agreement and the Regulations, and approved by \nPSP as a tool for the Merchant accepting Mobile Transactions initiated by the User \nwith the Mobile Application \nAuthorisation \nprocess carried out by the Issuer to confirm the possibility of implementing the \nBLIK Transaction by the User or the Institutional User \nExpress ELIXIR \nInstant Transfer System operated by KIR \nELIXIR \nnon-instant payment order clearing system operated by KIR \nKIR \nKrajowa Izba Rozliczeniowa S.A. (National Clearing House) \nPFSA \nPolish Financial Supervision Authority \nOne-Time Code \nstring of characters or digits generated by PSP or another string of characters or \ndigits registered in the PSP System by the Issuer, which can be used only for the \nAuthorisation of a single Mobile Transaction during its validity period set in the \nTechnical Specification for Participants \n\n4 \n \nBLIK Code \nOne-Time Code or an Alias necessary for the Authorisation of the BLIK \nTransaction or authentication of a User or an Institutional User \nMobile Account \nrepresentation of the Mobile Application instance in the BLIK System or \nrepresentation of another functionality made available by the Issuer, using the \nBLIK Code uniquely identifiable with a unique identifier assigned by the Issuer \nMastercard \nMastercard Europe SA, with its registered office in Waterloo \nMCBP \ntechnology developed by Mastercard, based on tokenisation of payment \ninstruments, allowing the performance of BLIK C Transactions initiated using the \nMobile Applications \nNBP \nNational Bank of Poland \nOgnivo \nIT System enabling the exchange of information on complaints, operated by KIR \nClearing Position \namount credited or debited to the particular party of the Mobile Transaction, for \nto the performance of the Mobile Transaction \nPSP \nPolski Standard Płatności Sp. z o.o., with its registered office in Warsaw, \nul. Cypryjska 72, entered into the register by the District Court for the capital city \nof Warsaw in Warsaw, 13th Commercial Division of the National Court Register \nwith the KRS number 0000493783, Tax Identification Number (NIP): \n5213664494, Statistical Identification Number (REGON): 147055889 \nTechnical Account \naccount established by PSP for the purposes of Clearing \nParticipant’s \nAccount \nbank account indicated by the Participant, for the purposes of Clearing \nRegulations \ncontract template document, attached as an appendix to the Agreement on \nParticipation, including the Regulations of the BLIK Payment Scheme and the \nRegulations of the BLIK Payment System, together with appendices to this \ndocument setting forth the principles for the functioning of the BLIK Scheme and \nthe BLIK system \nRegulations of the \nBLIK Payment \nScheme \nPart A of the Regulations describing the Regulations for the functioning of the \nBLIK Scheme \nRegulations of the \nBLIK Payments \nSystem \nPart B of the Regulations describing the Regulations for the functioning of the \nBLIK System \nClearing \nprocess carried out by PSP in order to calculate liabilities and receivables of each \nof the Participants and the Cooperating Scheme of the BLIK System, taking \naccount fees due to Issuers and Acquirers \nSettlement \nprocess of settlement of Mobile Transactions carried out by KIR, using the \nELIXIR system via the Technical Account that is aimed at debiting or crediting \n\n5 \n \naccounts of Issuers, and crediting accounts of Acquirers or the Cooperating \nScheme, whereas in the case of Secured Agents, aimed at debiting or crediting \naccounts maintained for these entities by Securing Issuers, based on the Clearing \nprepared by PSP \nBLIK-C \nTransactions \nAcceptance Network \nentities running points of sales or service points, operating contactless payment \nterminals allowing acceptance of BLIK-C Transactions, marked with the BLIK or \nMastercard mark, located in the territory of the Republic of Poland or outside the \nterritory of the Republic of Poland \nPSP Clearing \nSession \ntime period, based on which Clearing Positions of the Participants and the \nCooperating Scheme are calculated with respect to Mobile Transactions that were \ntransferred for Clearing during that period \nTechnical \nSpecification for \nParticipants \ndocument presenting an overall description of the rules of the functioning of the \nBLIK System, attached as an appendix to the Rules \nBLIK Scheme \nBLIK Payment Scheme operated in relation to the BLIK Mobile Payments System \nby PSP as a payment organisation within the meaning of the Act of 19 August \n2011 on payment services, allowing the correct execution of Mobile Transactions \ncleared in the BLIK System and allowing the execution of other BLIK \nTransactions cleared through interbank transfers, or in payments systems other \nthan the BLIK System, operated based on the Act of 24 August 2001 on settlement \nfinality in payment and securities settlement systems and the rules for monitoring \nthese systems (Journal of Laws No. 123, item 1351, as amended) \nBLIK System \nBLIK Payment System operated by PSP based on licence no. D/III/SP/2014, \nissued by the President of the National Bank of Poland, being a payment system \nwithin the meaning of the Act of 24 August 2001 on settlement finality in payment \nand securities settlement systems and the rules for monitoring these systems \n(Journal of Laws No. 123, item 1351, as amended) \nBLIK Mobile \nPayments System \nfunctionally-related BLIK Scheme and the BLIK System \nSPN Instant Transfer \nSystem \ninstant transfer system enabling on-line interbank settlements \nPPS System \nall IT systems used by PSP for the purposes related to the operation of the BLIK \nScheme and the BLIK System or any of them \nTokenisation System \nMDES IT system, managed and operated by Mastercard, carrying out the \ntokenisation function, used in the processes necessary for the purposes of \nexecuting BLIK-C Transactions \nCooperating Scheme \npayment scheme within the meaning of the Act of 19 August 2011 on payment \nservices, being a payment card system, operated by Mastercard and notified to the \nNational Bank of Poland in accordance with Article 132zo of the Act of 19 August \n\n6 \n \non payment service, cooperating with Polski Standard Płatności Sp. z o.o. with \nrespect to BLIK-C Transaction processing \nBLIK Transaction \ntransaction initiated or executed using the BLIK Code in accordance with the \nAgreement on Participation or another agreement concluded with PSP, by the \nParticipant using BLIK Codes \nBLIK-C Transaction \nMobile Transaction initiated with the Mobile Application in the POS terminal \noperated by an entity belonging to the BLIK-C Transactions Acceptance Network, \nimplemented in a contactless way, based on the Alias, using the Tokenisation \nSystem and MCBP. \nMobile Transaction \nshall mean: \na) transfer of cash to the account of the Merchant, made through the \nAcquirer providing services to this Merchant, debiting the account kept \nby the Issuer for the User, based on the order initiated by the User using \nthe Mobile Application; or \nb) cash withdrawal or payment executed based on the order made by the \nUser, using the Mobile Application; or \nc) transfer of cash to the account of the User, made through the Cooperating \nScheme or the Acquirer providing services to this Merchant, who \naccepted the order to return cash to the account of the User, initiated using \nthe Mobile Application or unique identifier of the Mobile Transaction to \nwhich the return refers; or \nd) transfer of cash to the account of the Cooperating Scheme, debiting the \naccount kept by the Issuer for the User, made based on the order to \nexecute the BLIK-C Transaction initiated by the User using the Mobile \nApplication. \ne) P2P Transaction cleared using the BLIK System or P2P-R Transaction \ncleared using the BLIK System. \nP2P Transaction \ntransaction made within the framework of the BLIK Scheme, using internal \ntransfers (for P2P Transactions between Users or between the Institutional User \nand the User, where they are the clients of the same Issuer), Instant Transfer \nSystem or the BLIK System between two Users or between the Institutional User \nand the User, without intermediation of the Acquirer, in the case of which the \nNRB number of the recipient is determined using the Mobile Accounts database, \nwhereas the sender identifies the recipient using a unique identifier previously \nexplicitly assigned to the recipient in compliance with requirements set forth in \nthe Technical Specification for Participants, especially a mobile telephone number \nor e-mail address \nP2P-R Transaction \ntransaction made within the framework of the BLIK Scheme, using internal \ntransfers (for P2P-R Transactions between Users, where they are the clients of the \nsame Issuer), Instant Transfer System or the BLIK System between two Users, \n\n7 \n \nwithout intermediation of the Acquirer, initiated by the payment recipient by \nsending the message with a request for the transfer to the transfer sender through \nthe PSP System, including information on details of the User requesting the \ntransfer in compliance with requirements set forth in the Technical Specification \nfor Participants. \nParticipant \nentity that concluded with PSP the Agreement on Participation, meeting \nconditions of participation in the BLIK Scheme and in the BLIK System set forth \nin the Rules and the Agreement on Participation \nAgreement on \nParticipation \nagreement concluded by and between PSP and the Participant, setting forth \ngeneral principles of the functioning of the BLIK Scheme and the BLIK System, \nand describing obligations of PSP and the Participant with respect to PSP making \navailable services within the framework of the BLIK Scheme and the BLIK \nSystem, and the BLIK Scheme \nAccepting Device \ndevice or software allowing initiating BLIK Transactions, in particular a POS \nterminal, software installed in the Internet store (eCommerce, mCommerce), \nmPOS Application, ATM, operated by the Merchant, Acquirer or an entity \nfunctioning in the BLIK-C Transactions Acceptance Network that is neither the \nMerchant nor the Acquirer \nUser \nnatural person, who uses the activated Mobile Application of this Issuer or another \nservice or functionality made available by the Issuer, using the BLIK Code, in \naccordance with the agreement with the Issuer \nInstitutional User \nlegal person or unincorporated organisational unit that is granted legal capacity \nby the act, who uses the BLIK functionalities as provided for in the Technical \nSpecification for Participants for this category of users, in accordance with the \nagreement with the Issuer \nIssuer \nentity that is the Participant of the BLIK System and the BLIK Scheme, making \navailable the Mobile Application to its clients, in order to enable the execution of \nBLIK Transactions \nSecuring Issuer \nIssuer obliged to ensure, on its nostro account with the NBP, the cash necessary \nfor the purposes of Clearing and Settlement of Mobile Transactions input into the \nBLIK System by Secured Agents, for whom this Issuer keeps accounts designated \nfor Clearing and Settlement of Mobile Transactions \nMark \ntrademark determined in an appendix to the Agreement on Participation, property \ncopyrights to which are held by PSP \n \n \n \n\n8 \n \nII. GENERAL INFORMATION ON THE BLIK SCHEME \n§ 3. \n1. The BLIK Scheme operates on a continuous basis, i.e. on each day of the year, twenty-four hours a \nday, excluding scheduled technical breaks. \n2. Payment transactions made using payment instruments issued within the framework of the BLIK \nScheme are processed and cleared in Polish zloty. \n3. BLIK Transactions can be initiated by Users and Institutional Users, at any time during the operation \nof the BLIK Scheme. \n4. Mobile Transactions are cleared in net amounts, taking into account fees due to Issuers, Acquirers \nand the Cooperating Scheme. \n5. Fees for services made available to Participants within the framework of the BLIK Scheme are \ncalculated in accordance with the price list of services provided by PSP, attached as appendix no. 1 \nto the Regulations, and are settled based on invoices issued on a monthly basis. \n6. Organisational solutions of PSP as a payment organisation with respect to the structure and \nprocedures for making decision with respect to the activities involving the processing of BLIK \nTransactions within the framework of the BLIK Payment Scheme should ensure stable and safe \nfunctioning of the BLIK Scheme, and guarantee PSP’s independence in terms of accounting, \norganisation and decision-making within the scope in question. \n7. PSP independently and autonomously determines the costs of the activities carried out, involving the \nprocessing of BLIK Transactions, and takes these costs into account when developing the financial \nmodel of its functioning as a payment organisation operating the BLIK Scheme. \n8. Principles of access to the BLIK Scheme are determined based on criteria that are objective, equal \nand proportional. Limitations of access to the BLIK Scheme cannot be greater than necessary in \norder to ensure the protection against specific risks, especially settlement risk, operational risk and \nbusiness risk, and the financial and operational protection of the stability of the BLIK Scheme. \n9. As a payment organisation, PSP operates the BLIK System using its own technical infrastructure or \nestablishes cooperation with providers, who as a result of mandating them to carry out tasks related \nto the current functioning of the BLIK Scheme, provide services at the level ensuring effective and \nstable functioning of the BLIK Scheme. \n10. Participation in the BLIK Scheme and the BLIK System involves the Participants incurring business \nrisks resulting from the potential occurrence of events triggering the settlement guarantee mechanism \nin accordance with the principles of the functioning of the BLIK System, and operational risks related \nto the potential occurrence of events involving the inability to process data by PSP or other \ndisruptions of the functioning of the BLIK Scheme or the BLIK System. \n11. The Issuer is the Participant providing to the User or the Institutional User a payment service \ninvolving the provision of access to the payment instrument that allows commissioning the execution \nof BLIK Transactions. The Acquirer performs activities necessary to execute the BLIK Transaction, \nintermediating as the Participant of the BLIK Scheme and the BLIK System in the performance of \nthe payment service provided to the User or the Institutional User by the Issuer making available the \npayment instrument in the form of a Mobile Application, service or function using the BLIK Code. \n\n9 \n \n12. PSP processes the personal data of Users entrusted by Participants or the Cooperating Scheme within \nthe scope specified in Agreements on Participation or other agreements for the purposes of \nperforming activities related to the operation of the BLIK Scheme and the BLIK System. \n \n \nIII. PARTICIPATION IN THE BLIK SCHEME AND THE BLIK SYSTEM \n§ 4. \n1. Any entity with a registered office on the territory of a member state of the European Economic Area, \nthat is authorised to carry out activities in the Republic of Poland in accordance with applicable \nregulations, as well as meets all the conditions listed below, can be a Participant of the BLIK Scheme \nand the BLIK System: \na. is a domestic bank, branch of a foreign bank, credit institution or branch of a credit institution within \nthe meaning of the Act of 29 August 1997 – Banking Law (consolidated text of 15 September 2017, \nJournal of Laws of 2017, item 1876), payment institution, hybrid payment institution, electronic money \ninstitution, hybrid electronic money institution, small payment institution with legal personality or \nhybrid small payment institution with legal personality within the meaning of the Act of 19 August 2011 \non payment services (consolidated text of 28 September 2017, Journal of Laws of 2017, item 2003); \nb. signed the Agreement on Participation in the BLIK System or the Agreement on Indirect Participation \nin the BLIK System, and has accepted the provisions of the Regulations and other appendices to the \nAgreement, especially the Technical Specification for Participants; \nc. holds a Participant’s Account \nd. in the case of the Issuer – is authorised to provide payment services involving the issuance of payment \ninstruments, and participates in the ELIXIR system operated by KIR and has a current account with the \nNBP (indirect participation) or indicates, in the Agreement on Indirect Participation in the BLIK \nSystem, a current account with the NBP of the Issuer having a current account with the NBP that will \nbe used for clearing purposes (indirect participation); \ne. in the case of the Acquirer – based on the received administrative licence to carry out activities, is \nauthorised to provide payment services involving acquiring, acceptance of cash payments, making cash \nwithdrawals from the payment account or execution of payment transactions; \nf. will pay the fee for joining the BLIK System in accordance with the price list of services provided by \nPSP (appendix no. 1 to the Regulations); \ng. will pass the technology tests within the scope of cooperation with the PSP System, carried out in \nkeeping with the principles and within the scope specified in the Technical Specification for \nParticipants; \nh. will not generate risk to the stability and proper functioning of the BLIK Scheme and the BLIK System; \ni. will agree with PSP on the date of joining the BLIK System, will carry out the activities necessary to \nexecute BLIK Transactions no later than 18 months of the date of concluding the Agreement on \nParticipation in the BLIK System, and will not make a declaration of will resulting in excluding the \napplication of the provisions of the Regulations determining the principles of the functioning of the \nBLIK System or BLIK Scheme to this entity. \n\n10 \n \n2. Participation in the BLIK Scheme is linked to participating in the BLIK System. The Participant cannot \nuse the BLIK Scheme without concluding the Agreement on Participation in the BLIK System. \n3. Certain functionalities may be made available to the Participant on the condition that this Participant \nmeets the conditions set out in the Agreement on Participation or the Regulations. \n \nIV. \nOBLIGATIONS OF PSP AND THE PARTICIPANTS, AS WELL AS PRINCIPLES OF \nRESPONSIBILITY WITH RESPECT TO THE PROCESSING AND CLEARING OF \nBLIK TRANSACTIONS \n§ 5. \nPSP shall be responsible for ensuring that the functioning of the BLIK Scheme and the BLIK System \ncomplies with legal regulations, as well as for ensuring the safety and effectiveness of the functioning of the \nBLIK Scheme and the BLIK System, and for the management of the BLIK Scheme and the BLIK System, \nand in particular, it shall: \na. determine the principles of participation in the BLIK Scheme and the BLIK System; \nb. evaluate the compliance of solutions used by Participants with requirements set forth in the Agreement \nand the Regulations; \nc. promote the Mark used to distinguish the BLIK Scheme and the BLIK System, and manage this Mark; \nd. develop the acceptance network for the BLIK Scheme in cooperation with Participants; \ne. gather and make available to Participants information on the acceptance network for the BLIK Scheme; \nf. arrange campaigns promoting BLIK Transactions; \ng. set forth the requirements and technical standards determining the principles of the functioning of the \nBLIK Scheme and the BLIK System; \nh. set forth the requirements and technical standards determining the principles of communication between \nthe BLIK Scheme and the BLIK System, and the Participant; \ni. \nset out uniform and non-discriminatory criteria for authorising the use of Mobile Applications made \navailable by the Issuers within the framework of the BLIK System and the BLIK Scheme; \nj. \nestablish the security principles of the BLIK Scheme and the BLIK System; \nk. carry out periodic audits of the Participant’s compliance with the Agreement on Participation, \nRegulations and the Technical Specification for Participants; \nl. \ndevelop functionalities made available in the BLIK Scheme and the BLIK System; \nm. set standards of the clearing process, complaint and other report processing, as well as a uniform format \nfor communicating with Participants and the Cooperation Scheme; \nn. notify Participants of non-compliances of solutions used by the Participants with requirements set forth \nin the Agreement or the Regulations, specify the time limit for rectification thereof and take steps aimed \nat eliminating these non-compliance by the Participants; \no. analyse risks in relation to the functioning of the BLIK Scheme and determine the method of managing \nparticular types of risks related to the functioning of the BLIK Scheme. \n \n§ 6. \n\n11 \n \nWith respect to the operation of the BLIK Scheme and the BLIK System, PSP is obliged to act in compliance \nwith the provisions of the Agreement on Participation, Regulations and the requirements of the Technical \nSpecification for Participants. In particular, PSP shall: \n \na. ensure operation of the BLIK System in compliance with the conditions described in the Technical \nSpecification for the Participant; \nb. verify BLIK Transactions transferred to the BLIK System in view of compliance with technical \nconditions referred to in the Technical Specification for Participants; \nc. notify the Participants in the case of sending messages inconsistent with the Technical Specification for \nParticipants; \nd. verify whether the Issuer satisfied the criteria for the authorisation for using Mobile Applications made \navailable by the Issuers and used within the framework of the BLIK System; \ne. enable the Participants to connect to the infrastructure of the BLIK System in compliance with the \nconditions described in the Technical Specification for Participants; \nf. identify the technical and organisational solutions allowing the flow of data necessary for the purposes \nof examining the Participants’ complaints with respect to BLIK Transactions; \ng. notify the Participants, at least five days in advance, of the unavailability of the BLIK System as a result \nof scheduled technical break; \nh. immediately notify Participants of any failure of the BLIK System; \ni. \nprovide services involving the generation and recording of BLIK Codes used to execute BLIK \nTransactions; \nj. \nmaintain the Mobile Accounts database and ensure the tele-information structure necessary for the \nexecution of BLIK Transactions; \nk. prepare clearing files for the purposes of Settlement of Mobile Transactions between BLIK System \nParticipants; \nl. \nundergo periodic audits to ensure compliance of the functioning of the BLIK Scheme with the \nprovisions of the Agreement on Participation, Regulations and the requirements of the Technical \nSpecification for Participants; \nm. carry out activities related to triggering the Settlement guarantee mechanism referred to in the \nRegulations of the BLIK Payment System; \nn. carry out activities related to the processing of complaints related to BLIK Transactions; \no. take decisions on a new Participant joining the BLIK Scheme and the BLIK System, as well as making \navailable particular functionalities of the BLIK Scheme and the BLIK System to Participants. \n \n§ 7. \n1. The Participant shall be obliged to act in compliance with the provisions of the Agreement on \nParticipation, Regulations and the requirements of the Technical Specification for Participants, and in \nparticular shall be obliged to: \n \na. execute BLIK Transactions in a way consistent with the Technical Specification for Participants; \nb. connect to the infrastructure of the BLIK System in compliance with the conditions described in the \nTechnical Specification for Participants; \n\n12 \n \nc. undergo periodic tests and audits in accordance with the conditions set in the Agreement on \nParticipation; \nd. notify of scheduled maintenance breaks in the Participant’s IT System five days in advance, and of any \nfailures – immediately; \ne. immediately notify PSP of the occurrence and removal of failures of the Participant’s system; \nf. immediately notify of any changes of its data provided to PSP; \ng. use the Trademark for the purposes of promoting BLIK Transactions and P2P Transactions; \nh. if the Participant is the Acquirer being the Secured Agent, this Agent shall be additionally obliged to: \n \nkeep a bank account for the purposes of Clearing and Settlement of Mobile Transactions input into \nthe BLIK System by this Secured Agent with the Issuer being the Securing Issuer for this Secured \nAgent; \n \nconclude an Annex to the Agreement on Participation for the Secured Agent; \ni. \nif the Participant is the Issuer being the Secured Issuer, this Issuer shall be additionally obliged to: \n \nkeep a bank account for the purposes of Clearing and Settlement of Mobile Transactions input into \nthe BLIK System by this Secured Agent for the Acquirer being the Agent Secured by this Securing \nIssuer; \n \nensure, in accordance with section 2 item b) below, on the nostro account with the NBP of this \nIssuer, cash necessary for the purposes of Settlement of Mobile Transactions input into the BLIK \nSystem by the Secured Agent referred to in the previous bullet point; \n \nensure, in accordance with section 2 item c) below, additional cash in the amount required for \nSettlement of Mobile Transactions as a result of triggering the Settlement guarantee, in accordance \nwith the principles of the functioning of the BLIK System; \n \nconclude an Annex to the Agreement on Participation for the Securing Issuer. \n \n2. The Participant being the Issuer shall be obliged to carry out the following activities: \n \na. ensuring cash necessary for the purposes of Settlement in accordance with the principles of the \nfunctioning of the BLIK System and settlement, by the NBP, of financial flows related to Mobile \nTransactions cleared within the framework of the BLIK System, by proper liquidity management on the \nParticipant’s nostro account with the NBP; \nb. where the Issuer is the Securing Issuer – ensuring the cash necessary for the purposes of Settlement of \nMobile Transactions input into the BLIK system by Secured Agents, for whom it keeps accounts for \nthe purposes of the processing of Mobile Transactions of these Secured Agents, in accordance with the \nprinciples of the functioning of the BLIK System and settlement, by the NBP, of financial flows related \nto Mobile Transactions cleared within the framework of the BLIK System, by proper liquidity \nmanagement on the Participant’s nostro account with the NBP; \nc. ensuring additional cash, including resources for the Securing Issuer, in the amount required for \nSettlement of Mobile Transactions as a result of triggering the Settlement guarantee, in accordance with \nthe principles of the functioning of the BLIK System, while applying the Operational Procedure for \nParticipants – Settlement Guarantee Processing; \nd. in the case of the initiation of the bilateral clearing process – making transfers in the ELIXIR system in \naccordance with orders of PSP, in amounts and to the Cooperating Scheme and Acquirers, including \nSecured Agents or to other Issuers, whose Users executed Mobile Transactions input into the BLIK \n\n13 \n \nSystem by Secured Agents, or making, in accordance with orders of PSP, settlements on accounts kept \nby these Issuers as Securing Issuers for Secured Agents; \ne. granting a relevant power of attorney to KIR to input into the ELIXIR system on behalf of the Issuer \ntransfer orders pertaining to the BLIK System Settlement carried out in accordance with the principles \nof the functioning of the BLIK System; \nf. making available to Users and Institutional Users the Mobile Application, other service or functionality \nusing the BLIK Code; \ng. authenticating Users in the Mobile Application; \nh. obtaining One-Time Codes generated by PSP for the purposes of executing Mobile Transactions; \ni. \nreporting Mobile Accounts for registration by PSP; \nj. \nreporting BLIK Codes that were not generated by PSP for registration by PSP; \nk. making Authorisations of BLIK Transactions using only the BLIK Code made available or registered \nby PSP; \nl. \nimmediately updating the status of the User’s Mobile Account in the BLIK System, especially in the \ncase of the User or the Institutional User resigning from the service allowing the initiation of BLIK \nTransactions; \nm. implementing the procedure for the monitoring of transactions understood as BLIK Transactions \ninitiated by unauthorised persons and notifying PSP of identified instances of unauthorised transactions \nwithin no more than two working days; \nn. notifying Users and Institutional Users of any risks related to the services offered by Issuers within the \nframework of the BLIK Scheme, especially risks related to making payment transaction online and \nthrough Mobile Applications. \n \n3. The Participant can meet the obligations resulting from the Agreement and the Regulations through or \nwith the participation of third parties, provided that, in the agreement concluded with such an entity, the \nParticipant ensures the protection of information at the level no lower than specified in the Agreement \non Participation and the Regulations. The Participant shall notify PSP, one month in advance, of the \ninvolvement of entities referred to in the previous sentence in the performance of the Agreement and \nthe Regulations. PSP may, for important reasons, object to the Participant entrusting the fulfilment of \nits obligations to a third party, within 14 days of receiving the notification referred to in the previous \nsentence. \n \n4. The Participant can make available the Regulations and other documents pertaining to the functioning \nof the BLIK System to entities referred to in the point above, within the scope necessary for the provision \nof services by these entities to the Participant. \n \n5. Participants shall be authorised to use BLIK Codes or other functionalities made available within the \nframework of the BLIK Scheme, only for the purposes of the provision of service involving the \nprocessing of BLIK Transaction in accordance with the provisions of the Agreement on Participation \nand the Regulations. \n \n6. The Participant shall be authorised to use the data made available in relation to participation in the BLIK \nScheme and the BLIK System only for the purposes of proper fulfilment of obligations under the \nAgreement on Participation. \n\n14 \n \n \n7. The Participant being the Acquirer processing, without the Securing Issuer’s participation, payments \ninitiated outside the own network of the particular Acquirer as the Issuer, and executed using the BLIK \nCode, shall be obliged to ensure the security deposit in the amount equivalent to three times the average \ndaily volume of withdrawals processed by this Acquirer and cleared in the BLIK System in the month \npreceding the month for which the deposit amount is calculated. The amount of the deposit that the \nAcquirer is obliged to ensure in a given month shall be calculated by PSP by the fifth day of the given \ncalendar month, based on the date for the previous calendar month collected in the PSP System. The \nAcquirer shall be notified by PSP of the amount of the deposit required in the given month, by the \nseventh day of this month. \n \n8. The security deposit shall be paid by the Acquirer to the dedicated bank account of PSP. PSP cannot \nuse the deposit for any purposes other than settlement of amounts due from the Acquirer to Issuers and \nPSP, resulting from Clearing. \n \n9. PSP shall be authorised to cover, from the deposit, amounts due to Participants of the BLIK System or \nPSP from the Acquirer in relation to settlements carried out in the BLIK System if these amounts are \nnot covered by the Acquirer in accordance with the Operational Procedure for Participants – “Processing \nof the Acquirer’s counter position,” in the amount necessary to satisfy the Acquirer’s liabilities to the \nIssuer specified in § 12 section 2 of the Regulations. \n \n10. The use of the Deposit shall involve PSP ordering, from the deposit account, transfers to Issuers or PSP \nin order to satisfy amounts due to the Issuers or PSP from the Acquirer, within the scope and in the \namount determined by PSP in accordance with the Regulations. If the PSP covers, from the Deposit, \namounts due from the Acquirer to other Participants or PSP, the PSP obligation to return the deposit \namount shall expire in the part that was used to satisfy claims of other Participants or PSP. \n \n11. If the actual amount of the deposit transferred by the Acquirer to the account referred to in section 8 is \nlower than the amount calculated by PSP in accordance with section 7, PSP shall call the Acquirer to \nsupplement the deposit, whereas the Acquirer shall be obliged to supplement the deposit by the missing \namount within no more than 3 working days of the request. If the current deposit is higher than the \nrequired deposit amount calculated by PSP for the given month, the Acquirer may request PSP to return \nthe surplus to the specified bank account, whereas PSP shall return the surplus within three working \ndays. \n \n12. The Acquirer’s failure to settle amounts due to the BLIK System in relation to the processing of \npayments or to supplement the deposit to the amount required in accordance with section 7 shall \nauthorise PSP to take steps provided for in §19 of the Regulations. \n \n§ 8. \n1. Participants and PSP shall be held liable only for the consequences of their performance of activities \nrelated to the BLIK Transaction processing in a way inconsistent with the Agreement or the Regulations. \n\n15 \n \nAs a result, Participants and PSP shall not be responsible for the Merchant’s failure to provide the goods \nor services or for any inconsistencies of the parameters of the goods and/or services with the agreement \nbetween the User or the Institutional User and the Merchant. Such claims shall be resolved directly \nbetween the User or the Institutional User and the Merchant. \n \n2. The Acquirer shall be held liable to other Participants and PSP for the consequences resulting from the \nAcquirer or the Merchant inputting a BLIK Transaction into the PSP System in bad faith or as a result \nof a crime, including for unauthorised actions of third parties in the systems of the Acquirer or the \nMerchant. \n \n3. The Issuer shall be held liable to other Participants and PSP for the consequences resulting from the \nIssuer, User or the Institutional User inputting a BLIK Transaction into the PSP System in bad faith or \nas a result of a crime, including for unauthorised actions of third parties in the systems of the Issuer or \nin the Mobile Application. \n \n \nV. \nPROCESSING OF COMPLAINTS AND OTHER NOTIFICATIONS \n§ 9. \n1. PSP shall process complaints and other notifications pertaining to the BLIK Scheme and the BLIK \nSystem based on the Ognivo system operated by KIR. In special cases (e.g. failure of the Ognivo \nsystem), the Participant shall be able to make the complaint or submit other notification to PSP via \nelectronic mail or other communication system specified in the agreement concluded by and between \nPSP and the Participant or the Cooperating Scheme. \n2. Complaints and other notifications registered by Participants in the Ognivo system shall be sent to PSP. \nPSP shall carry out the investigation in order to process the complaint. \n3. PSP shall calculate a fee for processing the complaint, in the amount set in the price list attached as \nAppendix no. 1 to the Regulations, and the fee shall be borne by the Participant, whose non-performance \nor improper performance of obligations under the Agreement on Participation or the Regulations \nresulted in the event that provided a basis for making the complaint by another Participant. If, while \nprocessing the complaint it is determined that the complaint was made in circumstances in which neither \nany of the Participants nor PSP can be considered responsible for the non-performance or improper \nperformance of the Agreement or the Regulations, the fee for processing the complaint shall be collected \nfrom the Participant that made this complaint. PSP shall waive the fee for processing the complaint in \ninstances referred to in the Operational Procedure for Participants – Processing of notifications, \ninquiries and complaints pertaining to mobile payments. \n4. In addition to the fee referred to in section 3, in the case of the Issuer making a complaint with respect \nto the BLIK-C Transaction cleared with the Cooperating Scheme, PSP shall collect from the Issuer the \nfee for the Cooperating Scheme or shall transfer to the Issuer the fee received from the Cooperating \nScheme in the amount set in the price list attached as Appendix no. 2 to the Regulations. The procedure \nfor collecting and settling the fees for the processing of complaints pertaining to BLIK-C Transactions \n\n16 \n \nis described in the Operational Procedure for Participants – Processing of notifications, inquiries and \ncomplaints pertaining to mobile payments. \n5. In the case of the complaint lodged by the Participant, including a specific claim made by the User, \nInstitutional User, Merchant or the Participant, resulting from the non-performance or improper \nperformance of obligations under the Agreement on Participation or the Regulations by PSP or another \nParticipant, costs related to processing such claims shall be borne by the entity that failed to perform or \nimproperly performed obligations under these documents. In the Ognivo system, PSP shall notify \nParticipants taking part in the complaint review process of the outcome of the complaint proceedings \ncarried out, indicating the Participant that caused the event providing a basis for the complaint, and the \nnumber of the account of the Participant, to which the Participant indicated by PSP is obliged to transfer \nthe amount of the claim made. \n6. Any doubts with respect to identifying the entity responsible for the occurrence of the event providing \na basis for the complaint shall be resolved by PSP. \n7. The Participant shall be obliged to review complaints and other notifications, and to submit to PSP any \navailable documents and information required in the complaint process in accordance with the \nOperational Procedure for Participants – Processing of notifications, inquiries and complaints pertaining \nto mobile payments, and within time frames specified in this procedure. \n8. PSP shall be obliged to review complaints and other notifications, and to submit to the Participant \nreceived documents and information required in the complaint process, and to correct the amount of the \ntransaction subject to the complaint or to cancel the transaction subject to the complaint, provided that \nthe need for such an operation arises from the Operational Procedure for Participants – Processing of \nnotifications, inquiries and complaints pertaining to mobile payments. \n9. In the case of the need to obtain additional information necessary to review the complaint, PSP shall \nrequest the responsible Participant to provide this information. The Participant shall be obliged to \nimmediately send the information required to review the complaint, at the request of PSP. \n10. PSP shall notify Participants involved in the complaint proceedings of the process thereof and, if \nnecessary, shall send to Participants reminders in order to ensure meeting the agreed time limits for \nprocessing the complaint. \n11. The Participant’s failure to express an opinion on the complaint within the time limit set in the \nOperational Procedure for Participants – Processing of notifications, inquiries and complaints pertaining \nto mobile payments shall be considered equivalent to this Participant recognising the complaint as \njustified and due to reasons attributable to this Participant. \n12. If the complaint made by the Participant is not considered justified, the Participant shall be entitled to \nrequest additional documentation justifying the refusal. \n13. In the case of the Participant making a complaint pertaining to the Mobile Transaction other than the \none referred to in section 14, the correction of the amount of the transaction subject to the complaint or \ncancellation of the transaction subject to the complaint shall be made by PSP based on: \n\n17 \n \na) acceptance of the Participant that will be charged as a result of this correction or cancellation; \nor \nb) considering the complaint justified in accordance with the procedure specified in section 11. \n14. In the case of the Issuer making a complaint pertaining to the Mobile Transaction unauthorised by the \nUser, to which the Acquirer affixed the message referred to in §11 section 7, and which was subject to \nthe Authorisation by the Issuer without confirming this transaction by the User in the Mobile \nApplication, the Acquirer shall be obliged to return the amount of such a transaction to this Issuer, \nunless the Acquirer provided the Issuer with the declaration confirming the proper execution of the \nMobile Transaction in the system of the Acquirer and the Merchant, to which the Mobile Transaction \nsubject to the complaint refers, and confirmed the application of technical and organisational solutions \nreferred to in §11 section 7, whereas the position presented by the Acquirer with respect to the complaint \nwas not disputed by the Issuer. \n15. To the declaration referred to in section 14, the Acquirer shall attach documents referred to in the \nOperational Procedure for Participants – Processing of notifications, inquiries and complaints pertaining \nto mobile payments. \n16. PSP carrying out any operations as a result of complaint proceedings cannot be considered the ground \nfor authorising the Participant or the User to conclude that the User participated in concluding the \nMobile Transaction or received the goods or services paid for, or other benefits as a result of this \ntransaction. \n§ 10. \nCorrections of amounts of transactions subject to complaints or cancellations of transactions subject to \ncomplaints referred to in §9 section 12, as well as returns of amounts referred to in §9 section 14, shall be \nmade by PSP in accordance with the Operational Procedure for Participants – Processing of notifications, \ninquiries and complaints pertaining to mobile payments.. \n \nVI. \nAUTHORISATION OF BLIK TRANSACTIONS \n§ 11. \n1. The queue of orders in the BLIK System shall be managed in accordance with the First In, First Out \nrule. Consequently, BLIK Transactions shall be executed and Mobile Transactions shall also be cleared \nin the sequence of inputting the orders into the BLIK System. \n2. Authorisation of BLIK Transactions shall be carried out in the BLIK Scheme by Issuers, using BLIK \nCodes. \n3. The general model of executing BLIK Transactions using the One-Time Code generated by PSP \ninvolves the following stages: \na. Generation of the One-Time Code by PSP: \n\n18 \n \nAt the request of the User submitted through the Mobile Application to the Issuer or at the request \nof the Institutional User submitted using a functionality other than the Mobile Application, made \navailable by the Issuer, the Issuer sends to PSP the request to generate the One-Time Code. The \nOne-Time Code is generated by PSP and returned to the Issuer. PSP keeps identifiers of the Issuer \nand the Mobile Account for which the One-Time Code was generated. The generated One-Time \nCode is displayed in the Mobile Application of the User or made available using another service or \nfunctionality made available by the Issuer. \nb. Entering the One-Time Code generated by PSP into the Accepting Device: \nThe User or a natural person authorised by the Institutional User enters the One-Time Code \ngenerated by PSP into the Accepting Device. \nc. Transfer of the One-Time Code generated by PSP for Authorisation: \nThe Accepting Device sends the One-Time Code generated by PSP together with details of the \nBLIK Transactions through the Acquirer to PSP. \nd. Verification of the One-Time Code generated by PSP in the BLIK System: \nBased on the One-Time Code previously generated by PSP, received from the Acquirer, PSP \nsearches for the Mobile Account and identifies the Issuer, and sends to the Issuer details of the BLIK \nTransaction for Authorisation. \ne. Authorisation by the Issuer: \nIn the Authorisation process, the Issuer makes the decision on executing the BLIK Transaction. \nf. Forwarding the response to the Accepting Device: \nThe Issuer sends the decision on accepting or rejecting the Mobile Transaction to PSP. \nPSP, through the network of the Acquirer, forwards the decision on acceptance or rejection of the \nBLIK Transaction to the Accepting Device. \n \n4. The general model of executing BLIK Transactions using the One-Time Code registered in the PSP \nSystem based on the order of the Issuer involves the following stages: \na. Downloading the One-Time Code from the Accepting Device: \nThe User downloads the One-Time Code from the Accepting Device to the Mobile Application. \nThe One-Time Code is then transferred to the IT system managed by the Issuer, and transferred by \nthe Issuer to the PSP System in order to register this code in connection with the Mobile Account \nof the User. PSP keeps identifiers of the Issuer and the Mobile Account for which the One-Time \nCode was registered. \nb. Transfer of the One-Time Code for Authorisation: \nThe Accepting Device sends the One-Time Code downloaded by the User together with details of \nthe BLIK Transactions through the Acquirer to PSP. \nc. Verification of the One-Time Code by PSP in the BLIK System: \nBased on the One-Time Code received from the Acquirer, PSP verifies whether the particular One-\nTime Code was registered in PSP based on the previous order of the Issuer, and if it was, identifies \nthe Mobile Account and the Issuer and sends to the Issuer details of the BLIK Transaction for \nAuthorisation. \nd. Authorisation by the Issuer: \nIn the Authorisation process, the Issuer makes the decision on executing the BLIK Transaction. \ne. Forwarding the response to the Accepting Device: \nThe Issuer sends the decision on accepting or rejecting the Mobile Transaction to PSP. \n\n19 \n \nPSP, through the network of the Acquirer, forwards the decision on acceptance or rejection of the \nBLIK Transaction to the Accepting Device. \n \n5. The general model of executing BLIK Transactions using the Alias registered in the PSP System based \non the order of the Issuer involves the following stages: \na. Forwarding the Alias to the PSP System: \nThe User reports the Alias, in accordance with the agreement concluded with the Issuer, to the \nIssuer, who forwards this Alias to the PSP System in order to register this Alias in connection with \nthe Mobile Account of the User. PSP keeps identifiers of the Issuer and the Mobile Account for \nwhich the Alias was registered. \nb. Obtaining the Alias by the Accepting Device: \nThe Accepting Device obtains the Alias in a way specified in the Technical Specification for \nParticipants. \nc. Forwarding the Alias for Authorisation: \nThe Accepting Device sends the Alias together with details of the BLIK Transactions through the \nAcquirer to PSP. \nd. Verification of the Alias by PSP: \nBased on the Alias received from the Acquirer, PSP verifies whether the particular Alias was \nregistered in the PSP System based on the previous order of the Issuer, and if it was, identifies the \nMobile Account and the Issuer, and sends to the Issuer details of the BLIK Transaction for \nAuthorisation. \ne. Authorisation by the Issuer: \nIn the Authorisation process, the Issuer makes the decision on executing the BLIK Transaction. \nf. Forwarding the response to the Accepting Device: \nThe Issuer sends the decision on accepting or rejecting the Mobile Transaction to PSP. \nPSP, through the network of the Acquirer, forwards the decision on acceptance or rejection of the \nBLIK Transaction to the Accepting Device. \n \n6. The general model of executing C-BLIK Transactions involves the following stages: \na. Forwarding the Alias to the PSP System: \nThe User reports the Alias, in accordance with the agreement concluded with the Issuer, to the \nIssuer, who forwards this Alias to the PSP System in order to register this Alias in connection with \nthe Mobile Account of the User. PSP keeps identifiers of the Issuer and the Mobile Account for \nwhich the Alia was registered, and obtains a token from the Tokenisation System. PSP forwards the \ntoken to the Issuer in order to pass this token to the Mobile Application. \nb. Obtaining the Alias by the Accepting Device: \nThe Accepting Device obtains the token from the Mobile Application. \nc. Forwarding the BLIK-C Transaction for Authorisation: \nThe Accepting Devices sends the token together with details of the BLIK-C Transaction through \nthe acquirer of the Cooperating Scheme to the Tokenisation System. The Cooperating Scheme, \nusing the Tokenisation System, sends the token together with details of the BLIK-C Transaction to \nPSP. \n\n20 \n \nd. Verification of the Alias by PSP: \nBased on the token received from the Cooperating Scheme, PSP verifies whether the particular Alias \nrelated to the particular token was registered in the PSP System based on the previous order of the \nIssuer, and if it was, identifies the Mobile Account, and sends to the Issuer details of the BLIK \nTransaction for Authorisation. \ne. Authorisation by the Issuer: \nIn the Authorisation process, the Issuer makes the decision on executing the BLIK-C Transaction. \nf. Forwarding the response to the Accepting Device: \nThe Issuer sends the decision on acceptance or rejection of the BLIK-C Transaction to PSP, whereas \nPSP forwards this decision to the Cooperating Scheme that, through the Tokenisation System and \nthrough the acquirer cooperating with the Cooperating Scheme, forwards it to the Accepting Device. \n7. At the request of the Participant acting as the Acquirer, PSP may, on conditions set out in the Technical \nSpecification for Participants, allow to send to Issuers a message with a recommendation pertaining to \nthe Authorisation of the BLIK Transaction without the User confirming in each case the order in the \nMobile Application. The Issuer shall not be obliged to take into account the recommendation included \nin the message referred to in the previous sentence, whereas the Acquirer shall be obliged to apply \nproper technical and organisational solutions aimed at reducing risk of execution of unauthorised \ntransactions using the functionality described in the previous sentence. \n§ 12. \n1. The BLIK Transaction order shall be considered entered into the PSP System upon forwarding the BLIK \nCode together with details of the BLIK Transactions to PSP. Authorisation of BLIK Transactions by \nthe Issuer shall be irrevocable. After Authorisation by the Issuer, the BLIK Transaction order cannot be \ncancelled by the Participant or a third party. \n2. By issuing an Authorisation for forwarding the Mobile Transaction for Clearing, the Issuer undertakes \nto pay the Acquirer or the Cooperating Scheme for the Mobile Transaction through the BLIK System. \nIf the Mobile Transaction forwarded for Clearing within the framework of the BLIK System involves \nthe transfer of cash to the User’s account operated by the Issuer, the Acquirer undertakes to pay the \nIssuer the amount resulting from Clearing. \n3. Decisions taken by the Issuer as part of the Authorisation have to be permanently entered in the IT \nsystem of the Issuer and the Acquirer. \n4. The Mobile Transaction authorised by the Issuer can be cancelled by PSP or the Acquirer in the case of \na technical error. \n5. The Mobile Transaction can be cancelled or corrected within 13 months from the day of Authorisation \nof the Mobile Transaction. \n§ 13. \n\n21 \n \n1. In order to reduce operational risk related to executing Mobile Transactions, the Participant can forward \nMobile Transactions for Authorisation for the amount not exceeding the limit for a single transaction \nset in the Technical Specification for Participants. \n2. In the case of BLIK Transaction forwarded for Authorisation for the amount exceeding the limit set for \na single Mobile Transaction, the PSP System shall reject the BLIK Transaction, while providing the \nappropriate error code. \n§ 14. \nPSP shall report detected unauthorised BLIK Transactions to the NBP in compliance with applicable legal \nregulations. \n§ 15. \nFor the purposes of recording BLIK Transactions in the BLIK Scheme and the BLIK System, the PSP \nSystem’s date and time will be used. \n \nVII. \nCLEARING AND SETTLEMENT OF MOBILE TRANSACTIONS \n§ 16. \n1. Mobile Transactions initiated within the framework of the BLIK Scheme will be cleared in the BLIK \nSystem. \n2. PSP shall perform Clearing in the BLIK System on each working day. \n3. Clearing shall be performed using the ELIXIR system operated by KIR, based on the agreement \npertaining to the use of the ELIXIR system concluded by and between the specific Participant and KIR, \ntaking into consideration the provisions presented below. \n4. Principles for Clearing and Settlement of Mobile Transactions are set forth in the Regulations of the \nBLIK System. \n \n \nVIII. \nSUSPENSION AND EXCLUSION OF THE PARTICIPANT \n§ 17. \n1. Upon receiving the decision of the PFSA or another competent supervisory authority on suspending the \nactivities of the Participant, or in the case of triggering the Settlement guarantee due to lack of sufficient \nfunds on the account of the Issuer, PSP shall initiate the procedure for excluding the Participant from \nthe BLIK Scheme and the BLIK System. \n\n22 \n \n2. The exclusion procedure will start with suspending the Participant (blocking the account) in the BLIK \nScheme and in the BLIK System, which will result in the Participant’s inability to execute BLIK \nTransactions within the framework of the BLIK Scheme and the BLIK System. \n3. After one month of the event referred to in section 1, the Participant will be excluded from the BLIK \nScheme and the BLIK System if the Participant fails to effectively implement the steps aimed at \nrestoring or obtaining necessary authorisations or activities necessary for eliminating the circumstances \nposing a risk of triggering the Settlement guarantee. \n§ 18. \n1. Based on a written statement on closing the current account of the Issuer with the NBP, provided by the \nNBP, PSP shall initiate the procedure for excluding the Issuer from the BLIK Scheme and the BLIK \nSystem. \n2. On the day of closing the current account of the Issuer with the NBP, the Issuer will be suspended, \nwhich means that the account of the Issuer being the direct Participant and accounts of Issuers being \nindirect Participants using the account of the Issuer being the direct Participant in the BLIK Scheme and \nthe BLIK System will be blocked for one month. \n3. After one month of the event referred to in section 2, the Issuer will be excluded from the BLIK Scheme \nand the BLIK System if the Issuer fails to open another clearing account maintained by the NBP. \n§ 19. \n1. If the PSP concludes that the Participant has breached the provisions of the Agreement on Participation \nor the Regulations, PSP shall send a written warning to the Participant. \n2. The warning shall describe the irregularities detected and the date set by PSP for eliminating these \nirregularities by the Participant. \n3. If the Participant fails to eliminate the irregularities indicated in the warning within the time limit set, \nPSP may temporarily suspend the Participant’s access to the particular functionality of the BLIK \nScheme, temporary suspend the Participant’s right as the Participant of the BLIK Scheme and the BLIK \nSystem, or exclude the Participant from the BLIK Scheme and the BLIK System. \n4. PSP shall notify all other Participants and the NBP of any decisions taken with respect to the Participant. \n5. The previously excluded Participant can be re-instated in the BLIK Scheme and the BLIK System after \nsatisfying the requirements set forth in the Regulations for entities applying for participation in the BLIK \nSystem. \n6. Exclusion or suspension of the Participant acting as the Issuer shall not result in automatic exclusion or \nsuspension of this Participant acting as the Acquirer. \n7. Exclusion or suspension of the Participant acting as the Acquirer shall not result in automatic exclusion \nor suspension of this Participant acting as the Issuer. \n\n23 \n \n \nIX. \nALERT PROCESSING \n§ 20. \nPSP shall notify Participants, via a dedicated communication channel or by sending a message to the \ndedicated email address, of the occurrence of significant events in the BLIK Scheme or the BLIK System, \nand in particular of: \na. generating the clearing report for the Participant; \nb. triggering the Settlement guarantee procedure due to the Issuer’s failure to provide sufficient funds; \nc. high number (more than 3% of the number of BLIK Transactions for the last 30 days, but no fewer than \n50) of complaints pertaining to Mobile Transactions for reasons attributable to the Participant; \nd. other, referred to the Technical Specification for Participants. \n \nX. \nTEMPORARY BLOCKING AND INFORMATION OBLIGATION \n§ 21. \n1. PSP shall have the right to temporarily block the Participant from using the services provided within \nthe framework of the BLIK Scheme and the BLIK System, in the case of: \na. exceeding the response time for the request for Authorisation for all BLIK Transactions forwarded \nwithin the last 15 minutes; \nb. mass (minimum 50%) refusals in Authorisation responses for reasons not attributable to the User or \nPSP; \nc. detection of inconsistency of the format of messages sent with the Technical Specification for \nParticipants; \nd. sending, within the framework of the BLIK Scheme or the BLIK System, unexpected messages with \nregards to the stage of the BLIK Transaction processing; \ne. the Participant’s actions posing a threat to the continuity of operations of the BLIK Scheme or the BLIK \nSystem; \nf. detecting breaches of the security principles of the BLIK Scheme and the BLIK System, set forth by \nPSP; \ng. failure to eliminate the Participant’s non-compliance with the requirements set forth in the Agreement \nand the Regulations, identified by PSP, within the time limit set by PSP. \n \n2. The Participant shall be unblocked after notifying PSP, via email, of removing the cause of the problem. \n§ 22. \nIn the case of any doubts pertaining to the BLIK Transaction executed within the framework of the BLIK \nScheme and the BLIK System, the Participant shall be obliged to immediately notify PSP, in a manner \ndescribed in the Technical Specification for Participants, and to take steps to explain these doubts. \n \n \n\n24 \n \nXI. \nRULES FOR EXECUTING P2P AND P2P-R TRANSACTIONS \n§ 23. \n1. The process of executing P2P Transactions in the BLIK System is carried out by using the Mobile \nAccounts database and by internal clearing carried out by the Issuer, or by using SPN or the BLIK \nSystem. The general model of the P2P Transaction involves the following stages: \na. P2P Transaction order \nThe order for executing a P2P Transaction shall be placed with the Issuer using the Mobile Application \nin the case of Users or using the tele-information system made available by the Issuer in the case of \nInstitutional Users. When placing the order, the User or the Institutional User shall identify the Alias \nassigned previously in the BLIK System to the Mobile Account of the recipient for the purposes of \nexecuting the P2P Transaction and the transaction amount. \nb. Obtaining the NRB number from the Mobile Accounts database \nThe Issuer, who will receive the P2P Transaction order from the User or the Institutional User, shall \nsend the inquiry with the Alias received in the order to the Mobile Accounts database. PSP shall provide \nthe Issuer implementing the transfer order with the NRB number assigned in the Mobile Accounts \ndatabase to the Alias sent in the inquiry. If the Alias is not included in the Mobile Accounts database, \nin response the Issuer will receive an error message, and the Issuer shall notify the User or the \nInstitutional User, who ordered the execution of the P2P Transaction, of the inability to execute this \nP2P Transaction. \nc. Forwarding the P2P Transaction for execution within the framework of internal clearing carried out by \nthe Issuer, or for clearing in the Instant Transfer System or the BLIK System. \nAfter obtaining the NRB number from the Mobile Accounts database, the Issuer shall enter this number \ninto the payment order and shall forward the complete transfer prepared in such a way for internal \nclearing if he maintains a bank account of both parties to the transaction, otherwise, the Issuer shall \nforward the transaction for clearing in the Instant Transfer System or in the BLIK System in accordance \nwith the procedure described in the Technical Specification for Participants. In the case of using Express \nELIXIR, the transfer is forwarded for clearing, while indicating MP2P as the service type. \n2. The general model of executing the P2P-R Transaction involves the following stages: \na. Sending the transfer request by the User initiating the P2P-R Transaction. \nBy providing the Alias assigned previously in the BLIK System to the Mobile Account, the User \nidentifies the User to whom the transfer request is addressed. The User requesting the transfer shall \nspecify the amount and optionally the transfer title. The Issuer shall forward the data provided by the \nUser together with the first name, surname and telephone number of the User to the BLIK System. \nWhen forwarding the message with the transfer request to the PSP System, in this message, the Issuer \nincludes preferences with respect to the manner of clearing the P2P-R Transaction in accordance with \nthe requirements set forth in the Technical Specification for Participants. \nb. Identification of the User being the transfer sender \nAfter receiving from the Issuer the message – transfer request including details specified in item a \nabove, based on the Alias forwarded in the message with the transfer request, the PSP System shall \nidentify the Mobile Account of the User to whom the transfer request is addressed, and forwards the \nmessage to the Issuer providing services to this User. If the Mobile Accounts database does not include \nthe Alias corresponding to the data included in the message with the transfer request, in response, the \n\n25 \n \nIssuer who forwarded the message with the transfer request will receive from the PSP System an error \nmessage, and the Issuer shall notify the User of the inability to forward the transfer request. \nc. Acceptance of the transfer request \nThe Issuer providing services to the User, to whom the transfer request is addressed, will receive from \nthe PSP system a message with the transfer request. The Issuer shall present the transfer request to the \nUser in the Mobile Application, while disclosing the first name and surname of the User – sender of the \ntransfer request, amount and title of the transfer, if specified in the transfer request. If the User accepts \nthe transfer request in the Mobile Application, the Issuer providing services to this User shall send to \nthe PSP System a message notifying of accepting the transfer request, and shall forward the P2P-R \nTransaction for clearing in the Instant Transfer System or for clearing in the BLIK System. \nd. Clearing of P2P-R Transactions \nP2P-R Transactions shall be cleared in the Instant Transfer System or in the BLIK System. In the case \nof using Express ELIXIR, the transfer is forwarded for clearing, while indicating MP2P as the service \ntype. Regardless of the manner of the transaction clearing, the Issuer providing services to the User who \nsent the transfer request, shall credit the account of this User immediately after receiving from the PSP \nSystem the notification of accepting the transfer request. P2P and P2P-R Transactions can be cleared in \nthe BLIK System only when both Issuers providing services to both Users to whom the transaction \npertains, have implemented the technical and organisational solutions specified in the Technical \nSpecification for Participants. \n \n \nXII. \nDATA ARCHIVING AND REPORTING \n§ 24. \n1. PSP shall keep details of all BLIK Transactions executed using the PSP System in its archives for the \nperiod referred to in section 2. \n2. After 6 (six) years from the end of the calendar year of executing the BLIK Transaction using the BLIK \nSystem, PSP shall immediately erase the archived data in a manner preventing their recovery. \n3. Complains made by Participants in the Ognivo system will be archived after the expiry of 13 months \nfrom making the complaint, and will be deleted from the Ognivo system. Archived data will be kept for \n6 years from the end of the calendar year of making the complaint, and then will be erased in a manner \npreventing their recovery. \n4. Participants shall be obliged to forward to PSP any information necessary to meet the reporting or \nstatistical obligations to the NBP or other institutions authorised to request information related to the \nfunctioning of the BLIK Scheme and the BLIK System. \n§ 25. \n \n1. PSP, at the request of the Participant, shall provide data of BLIK Transactions or complaints referred to \nin §24, in keeping with the principles set forth in the Technical Specification for Participants. \n\n26 \n \n2. Data referred to in section 1 shall be made available to Participants, except for situations where the \nrequest: \na) was submitted by an unauthorised person; \nb) pertains to data after their archiving period; \nc) does not include information allowing the explicit identification of the Mobile Transaction or the \ncomplaint. \n§ 26. \n1. At the request of authorised control authorities, PSP shall make available source data of BLIK \nTransactions executed within the framework of the BLIK Scheme and the BLIK System. \n2. PSP can prepare and provide to Participants statistics of all BLIK Transactions, including Mobile \nTransactions and P2P Transaction, in an aggregated form and within the scope permitted by law. \n \n \nXIII. \nFINAL PROVISIONS \n§ 27. \n1. PSP will, unilaterally and independently, determine the amount of fees due to Issuers and Acquirers for \nthe execution of Mobile Transactions within the framework of the BLIK Scheme, and clearing thereof \nin the BLIK System. Fees, referred to in the previous sentence, will be charged by PSP as part of \nClearing made for each Mobile Transaction. \n2. PSP shall be fully free to determine the amount of fees due to Issuers and Acquirers, change these fees, \nas well as differentiate these fees depending on the type of Mobile Transactions, based on justified, \nobjective and verifiable criteria. \n3. PSP shall unilaterally determine the amount of fees due to PSP from Participants in relation to PSP \nservices provided to Participants. The price list specifying the amount of fees and other costs related to \nparticipation in the BLIK System constitutes an integral part of the Regulations. \n4. PSP shall be the only entity managing the Mark. Based on rights granted under the licence, PSP and \nParticipants shall use the mark for the purposes of marking points accepting and executing BLIK \nTransactions, for the purposes of marking services offered within the framework of the BLIK Scheme, \nand to promote the BLIK Scheme and the BLIK System. PSP shall grant authorisations to mark services \nthat make available BLIK Transactions and functionalities provided by PSP and implemented by the \nIssuer. \n5. Provisions of the Regulations can be amended by PSP unilaterally, whereas such amendments shall be \neffective subject to notifying Participants of amendments sufficiently in advance, while ensuring a two-\nmonth period for adjustment. PSP shall unilaterally amend provisions of the Terms in Conditions in \neach case taking into account applicable legal regulations and provisions of the Agreement on \nParticipation. \n\n27 \n \n6. Provisions of amended Regulations can be binding on the Participant and PSP before the expiry of the \ntwo-month adjustment period if the amendment to the Regulations refers to Participant’s rights that are \nnot in conflict with the rights of other Participants. Bounding the Participant and PSP by the amended \nversion of the Regulations as specified in the previous sentence shall require concluding an appropriate \nannex to the Agreement on Participation. \n7. Concluding the Agreement on Participation with PSP shall result in automatic inclusion of the \nParticipant in the BLIK Payment Scheme and the BLIK Payment System, regardless of the date of \nconcluding the Agreement. \n8. Matters not regulated herein shall be governed by provisions of the Agreement on Participation and the \nRegulations, and appropriate provisions of universal law. \n \n \nPart B – Regulations of the BLIK Payments System \n \n§ 1. \n1. The BLIK payment system is a payment system within the meaning of the Act of 24 August 2001 on \nthe settlement finality in payment and securities settlement systems and the rules for monitoring these \nsystems (Journal of Laws No. 123, item 1351, as amended), operated by Polski Standard Płatności Sp. \nz o.o. as an operator of this payment system, closely linked with the BLIK Mobile Payment Scheme \nbeing a payment scheme within the meaning of the Act of 19 August 2011 on payment services (Journal \nof Laws No. 199, item 1175, as amended) operated by Polski Standard Płatności Sp. z o.o. as a payment \norganisation. \n2. This document sets forth the principles of the functioning of the BLIK Payment System, and in \nparticular, the principles for clearing and settlement in the BLIK System. \n3. Capitalised terms used in this document, which are not defined separately herein, shall have the meaning \ndefined in Part A – Regulations of the BLIK Payment Scheme. \n4. Participants of the BLIK System are Participants of the BLIK Scheme who concluded the binding \nAgreement on Participation with PSP. \n§ 2. \n1. Mobile Transactions initiated and processed in the BLIK Scheme in accordance with the provisions of \nthe Agreement on Participation and the Regulations of the BLIK Payment Scheme shall be subject to \nClearing in the BLIK System. \n2. The Mobile Transaction clearing module of the BLIK System generates, on working days, data sets for \nClearing, covering Mobile Transactions authorised in the BLIK Scheme during the particular PSP \nClearing Session, except for BLIK-C Transactions being returns received from the Cooperating Scheme \nthat are subject to clearing in accordance with the procedure described in section 10. \n\n28 \n \n3. The PSP Clearing Session shall be closed at 24:00 hours. \n4. Mobile Transactions authorised in the BLIK Scheme on statutory holidays shall be included in the PSP \nClearing Session subject to Clearing on the first working day following the statutory holiday or holidays, \nexcept for BLIK-C Transactions being returns received from the Cooperating Scheme that are subject \nto clearing in accordance with the procedure described in section 10. \n5. Mobile Transactions are cleared in net amounts, taking into account fees due to Issuers and Acquirers. \nThe amount of fees due to Issuers and Acquirers is determined in Appendix no. 2 to the Regulations. \n6. On working days, PSP shall generate and make available to Participants clearing and reconciliation files \nincluding all Mobile Transactions qualifying for the particular PSP Clearing Session, pertaining only to \nparticular Participants, including details of each Mobile Transaction. \n7. Clearing and reconciliation files shall be made available immediately after the end of the PSP Clearing \nSession. \n8. The Participant shall be obliged to verify the data included in clearing and reconciliation files, and \nimmediately report any irregularities to PSP on working days. \n9. Immediately after receiving the information on irregularities, PSP shall implement steps aimed at \nclarifying the situation, and if necessary, it will generate again and make available to Participants the \nclearing and reconciliation files. \n10. BLIK-C Transactions being returns shall be qualified for the PSP Clearing Session after receiving from \nthe Cooperating Scheme information on forwarding these transactions for clearing in the Cooperating \nScheme. \n§ 3. \n1. The schedule of Clearing and Settlement events is presented in the Operational Procedure for \nParticipants – Processing of clearing and reconciliation files. \n2. The schedule referred to in section 1 shall be adjusted to the requirements of the technical specification \nprepared by KIR. \n§ 4. \n1. Settlement shall be performed using the ELIXIR system operated by KIR, based on the agreement \npertaining to the use of the ELIXIR system concluded by and between the particular Participant and \nKIR, taking into consideration the provisions presented below. \n2. Settlement orders submitted in the ELIXIR system by Participants of the BLIK System through PSP \nshall have the effect as the settlement order within the meaning of Article 1 point 12 of the Act of \n24 August on settlement finality in payment and securities settlement systems and the rules for \nmonitoring these systems (consolidated text: Journal of Laws of 2013, item 246). \n\n29 \n \n3. Except for the situation described below, Settlement shall take place within one working day. In the \ncase of errors occurring during the first or second session of the ELIXIR system on 24 December and \non the last clearing day of each year, in at least one file submitted for clearing in the ELIXIR system, or \ninconsistency of transfer sums, Settlement shall take place on the next clearing day during the first \nsession of the ELIXIR system, after PSP forwards to KIR correct files with liabilities related to the \nClearing of Mobile Transactions for the previous clearing day, whereas Settlement of current liabilities \nrelated to Mobile Transaction Clearing for this subsequent clearing day shall be deferred to the second \nsession of the ELIXIR system on this next day. PSP shall immediately notify Participants of the inability \nto carry out Settlement during the particular ELIXIR session. \n4. Settlement in the ELIXIR system shall be carried out Monday to Friday excluding statutory holidays in \nthe territory of the Republic of Poland. Mobile Transactions shall be processed in the hours specified in \nthe “Schedule of clearing runs in electronic clearing systems of KIR S.A.”: \na) during the first session; \nb) during the second session in the case of triggering the Settlement guarantee mechanism or as a result \nof Settlement deferral referred to in section 3 above; \nc) during the third session, in the case of errors occurring during the first session of the ELIXIR system, \nin at least one settlement file submitted for Settlement in the ELIXIR system, or inconsistency of transfer \nsums after PSP forwards the correct files again to KIR, except for 24 December and the last clearing \nday of the year, when correctly prepared files shall be processed during the first session on the next \nclearing day, in accordance with section 3 above. \n5. Settlement shall be carried out in the bilateral model, using the Technical Account kept for PSP at a \ncommercial bank. \n6. Data for the purposes of Settlement forwarded by the BLIK System shall include information on the \nliabilities of each of the Issuers to the BLIK System and the receivables of each of the Acquirers and \nCooperating Schemes due from the BLIK System, taking into account fees due to Issuers and Acquirers. \nIn the case of Acquirers being Secured Agents, the data for the purposes of Settlement forwarded by the \nBLIK System shall include information on the liabilities of Secured Agents to the BLIK System or \ninformation on the receivables of Secured Agents due from the BLIK System, taking into account fees \ndue to Issuers and Acquirers. \n7. Based on Settlement data generated by the PSP System and relevant powers of attorney granted to KIR \nby the Issuer, KIR – on behalf of the Issuer – shall input the transfer order covering the liabilities of the \nIssuer to the BLIK System (single liability amount net), and in the case of the Issuer being the Securing \nIssuer – the transfer order covering the liabilities of Secured Agents to the BLIK System. During the \nsame session, accounts of Acquirers, including Secured Agents and the Cooperating Scheme, will be \ncredited with single transfers from the Technical Accounts. \n8. Settlement shall take place during one session of the ELIXIR system. Funds shall not be retained by the \nbank maintaining the Technical Account. \n9. The balance of the Technical Account before and after the PSP Clearing Session will be PLN zero. \n\n30 \n \n10. In the case of triggering the Settlement guarantee due to insufficient funds on the account of the Issuer \nwith the NBP and withdrawal of at least one transfer pertaining to the BLIK System from the ELIXIR \nsystem, all other orders generated by the BLIK System will also be withdrawn by KIR, and clearing in \nthe first session of ELIXIR will not be performed. At the same time, PSP will block in the PSP System, \nthe account of the Issuer that failed to ensure sufficient funds in the BLIK System, which will result in \nthe Issuer’s inability to execute further Mobile Transactions in the BLIK System. In the case of blocking \nthe account of the Issuer being the Securing Issuer in the PSP System, the accounts of Secured Agents \nfor whom the blocked Securing Issuer keeps accounts for the purposes of the processing of Mobile \nTransactions entered into the BLIK System by these Secured Agents, will be automatically blocked, as \na result these Secured Agents will be unable to enter Mobile Transactions into the BLIK System. PSP \nshall immediately notify the NBP of blocking the account of the Participant in the PSP System and of \ntriggering the settlement guarantee procedure. \n11. Within the BLIK System, Participants being Issuers, including the Participants being Securing Issuers, \nshall guarantee making available funds for the purposes of Settlement if any of the Issuers, including \nthe Issuer being the Securing Issuer, does not have sufficient funds for the purposes of Settlement. \n12. For the purposes of Settlement during the sessions of the Elixir system referred to in section 10 above, \nPSP shall again prepare the data for the purposes of Settlement, while increasing the liabilities of \nremaining Issuers by the amount that was not covered by any of the Issuer, in accordance with the \nprinciples and template set forth in the Operational Procedure for Participants – Settlement Guarantee \nProcessing, and KIR shall enter new transfer orders to the ELIXIR system on behalf of the Issuer(s). \n13. If any of the Issuers responsible for covering the liabilities of another Issuer(s) fails to provide cash to \ncover the liabilities of another Issuer(s) within the framework of the Settlement during the second \nsession of the Elixir system, the Mobile Transaction will not be subject to Settlement. In such case, \ndirect bilateral clearing between Issuers and Acquirers and the Cooperating Scheme shall take place, of \nwhich the NBP will be informed. PSP shall prepare individual reports constituting payment orders, \nbased on which Issuers shall conduct bilateral clearing with other Participants. In the event of initiating \nthe bilateral clearing process, Issuers shall be obliged to make, in accordance with PSP orders, transfers \nin the ELIXIR system, in the amounts and to the Acquirers, including Secured Agents, or to the \nCooperating Scheme, or to other Issuers, whose Users executed Mobile Transactions input into the \nBLIK System by Secured Agents, or to make, in accordance with PSP orders, clearing on accounts kept \nby these Issuers as Securing Issuers for Secured Agents. \n14. The Issuer who failed to ensure sufficient funds, including the Securing Issuer, undertakes to \nimmediately reimburse other Issuers, including Securing Issuers, for the equivalent of all amounts paid \nby these Issuers, plus statutory interest. \n15. Detailed rules for using the Settlement Guarantee are set forth in the Operational Procedure for \nParticipants – Settlement Guarantee Processing. \n§ 5. \nMatters not regulated herein shall be governed by provisions of the Agreement on Participation and the \nRegulations of the BLIK Payment Scheme, and appropriate provisions of universal law. \n\n31 \n \n \n \nList of appendices to the Regulations of the BLIK Mobile Payments System: \n1. Appendix no. 1 – Price Lists of the BLIK Payment System \na) Price List of the BLIK Payment System – Issuer \nb) Price List of the BLIK Payment System – Acquirer \n2. Appendix no. 2 – Fees due to Issuers and Acquirers \n3. Appendix no. 3 – Technical Specification for Participants (STdU) \n4. Appendix no. 4 – Operational Procedures for Participants (POdU) \na) POdU – Settlement guarantee processing \nb) POdU – Processing of clearing and reconciliation files \nc) POdU – Processing of notifications, inquiries and complaints pertaining to mobile payments \nd) POdU – Processing of the Acquirer’s counter position \ne) POdU – Communication between PSP and Participants in the case of reporting a suspicious BLIK \nTransaction \n5. Appendix no. 5 – Functionality Table \n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Crypto.com","url":"https://crypto.com/exchange/document/tnc","lang":"ENG","sector":"Finance","hq":"Singapur","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"01.02.2022"},"document":{"title":"","text":" \n \nExchange Terms and \nConditions \nPublished by CRO DAX Limited \n \nLast Update: 1 February 2022 \n \n \nTHIS IS AN IMPORTANT DOCUMENT. \n \nPLEASE READ IT CAREFULLY AND KEEP IT FOR FUTURE REFERENCE. \n \nThis document contains important information which applies to your dealings with us in relation \nto the Exchange and your Account (both terms as defined in this document). You should read this \ndocument carefully and keep it for future reference. \n \nDifferent terms and conditions may apply in relation to specific services offered by us, or in respect \nof specific transactions. Any such terms and conditions are additional to the terms set out in this \ndocument. \n \nCertain risks relating to the Exchange are described in the Annex to this document. Please ensure \nthat you read and understand the risks described in the Annex. This document does not disclose \nor discuss all of the risks, or other significant aspects, of conducting transactions or of the \ntransactions conducted. You should not construe these or any other statements as legal, tax or \nfinancial advice. \n \nWe are not acting as your financial advisor and you must not regard us as acting in that capacity. \nYou should consult your own independent professional advisors before entering into any \ntransaction and only enter into a transaction if you have fully understood its nature, the contractual \nrelationship into which you are entering, all relevant terms and conditions and the nature and \nextent of your exposure to loss. \n \nThis document and other terms that apply to your activities may change from time to time. You \nshould check our website for the latest terms and additional information before you enter into \nany new transaction. If you have any questions about this document, or in the event of any \nservice difficulties or interruptions, please contact us using the details below or via our website \nat https://crypto.com/exchange/document/tnc. \nCanada Residents. If you are a resident of Canada, the products and services described herein \nthat you access and use are provided by Foris DAX, Inc. \n\n1 \n \nExchange Terms and Conditions \nContents \n \n \n \n \n \n \nPart 1 About this document and our relationship \n5 \n1 \nDefinitions \n5 \n1.1 \nDefined terms \n5 \n2 \nInterpretation \n14 \n2.1 \nRules of interpretation \n14 \n2.2 \nNext day \n15 \n2.3 \nNext Business Day \n15 \n2.4 \nHeadings \n15 \n2.5 \nInconsistency \n15 \n2.6 \nPronoun usage \n16 \n3 \nAbout this document and our Agreement \n16 \n3.1 \nThe Exchange Terms and Conditions \n16 \n3.2 \nThe Agreement \n16 \n3.3 \nSingle agreement \n16 \n3.4 \nOur relationship: no fiduciary duties or other roles \n16 \n3.5 \nQuestions \n17 \nPart 2 Accounts, Instructions and payments \n18 \n4 \nAccounts \n18 \n4.1 \nApplication \n18 \n4.2 \nEstablishing an Account \n18 \n4.3 \nAccount requirements \n19 \n4.4 \nAccount details and access \n19 \n4.5 \nAccount operations \n19 \n4.6 \nCompletion of Virtual Asset transfers \n20 \n4.7 \nAccount operating authority – Authorised Persons \n20 \n5 \nCustodial arrangements \n21 \n5.1 \nHolding of Virtual Assets \n21 \n5.2 \nBenefits arising for the Virtual Assets \n21 \n6 \nInstructions \n22 \n6.1 \nInstructions generally \n22 \n6.2 \nElectronic Instructions and records \n22 \n6.3 \nGiving and receiving Instructions \n22 \n6.4 \nAcknowledgement of Instructions \n23 \n6.5 \nWhen we may refuse, cancel or reverse Instructions \n23 \n6.6 \nRisks of giving Instructions \n24 \n7 \nPayments, deliveries and other obligations \n24 \n7.1 \nPayment and deliveries \n24 \n7.2 \nWithholding \n25 \n7.3 \nValue added tax \n25 \n7.4 \nIndependent payment obligations \n25 \n7.5 \nRights of netting, set-off and lien \n25 \n\n1 \n \n7.6 \nPayment in other asset \n26 \n7.7 \nVirtual Asset restrictions \n26 \n7.8 \nConversion on judgment debt \n26 \n7.9 \nThird party payments \n27 \n7.10 \nGeneral conditions precedent to payments by us \n27 \n7.11 \nReturn of Virtual Assets \n27 \n8 \nCalculations \n27 \n8.1 \nCalculation agent \n27 \n8.2 \nAdjustments \n28 \n9 \nNetting and set-off \n28 \n9.1 \nNetting \n28 \n9.2 \nSet-off \n28 \n9.3 \nOur other rights \n28 \nPart 3 Exchange \n29 \n10 \nTrading on the Exchange \n29 \n10.1 \nDescription \n29 \n10.2 \nAvailability of the Exchange \n29 \n10.3 \nSubmitting an Order \n29 \n10.4 \nOrders \n30 \n10.5 \nPrice deviation warning \n30 \n10.6 \nLimit Orders \n30 \n10.7 \nMarket Orders \n30 \n10.8 \nAdvanced Orders \n30 \n10.9 \nOrder Matching Engine \n31 \n10.10 \nSelf-Execution prevention \n31 \n10.11 \nTrade Engine \n31 \n10.12 \nOrder minimums and maximums \n31 \n11 \nOrders \n32 \n11.1 \nOrders must be pre-paid \n32 \n11.2 \nYour responsibilities \n32 \n11.3 \nLimits and controls on Orders \n32 \nPart 4 Other key provisions \n33 \n12 \nUse of the Exchange and the Account \n33 \n12.1 \n“As is” basis \n33 \n12.2 \nCompliance \n33 \n12.3 \nMaintaining standards in operating the Account \n33 \n12.4 \nPre-conditions for use of the Exchange \n34 \n12.5 \nWithdrawal or suspension of use of the Exchange \n35 \n13 \nExchange Materials \n35 \n13.1 \nLimitations on use \n35 \n13.2 \nProtection of rights in the Exchange Materials \n35 \n13.3 \nThird party actions \n35 \n14 \nOngoing requirements \n36 \n14.1 \nMaintenance of eligibility \n36 \n14.2 \nCompliance \n36 \n14.3 \nSelf-reporting \n36 \n15 \nPowers of Crypto.com \n36 \n\n1 \n \n15.1 \nPower to revise the Agreement \n36 \n15.2 \nNotice \n36 \n15.3 \nPower regarding transfers and Exchange use \n37 \n15.4 \nPower to cancel, reverse or modify Orders \n37 \n15.5 \nPower to protect market integrity in case of technical fault etc \n37 \n15.6 \nNotification of exercise of power \n38 \n16 \nRole of Crypto.com \n38 \n16.1 \nOur role as agent or principal \n38 \n16.2 \nNo obligation to notify market price movements \n38 \n16.3 \nConflicts of interest \n38 \n16.4 \nServices and activities of Crypto.com \n39 \n16.5 \nUse of third parties \n39 \n16.6 \nAccount Protection Program \n39 \n17 \nPrevention of Market Misconduct \n39 \n17.1 \nProhibition on Market Misconduct \n39 \n17.2 \nProhibited Orders \n39 \n17.3 \nReporting requirement \n40 \n18 \nInformation, representations and warranties \n40 \n18.1 \nInformation \n40 \n18.2 \nRepresentations and warranties \n40 \n18.3 \nRepetition of representations and warranties \n42 \n18.4 \nNotification \n43 \n19 \nIndemnities \n43 \n19.1 \nYour indemnity \n43 \n19.2 \nInterest \n44 \n19.3 \nFurther steps \n44 \n19.4 \nApplication of indemnity \n44 \n20 \nOur liability \n44 \n20.1 \nExclusion and limitation of liability \n44 \n20.2 \nResponsibility for decisions \n46 \n20.3 \nHyperlinked sites \n46 \n20.4 \nCircumstances beyond our control \n46 \n21 \nNetwork events \n46 \n21.1 \nInfrastructure Participant, Network Participant and Network Event \n46 \n21.2 \nCooperation and enquiries \n47 \n21.3 \nStaking \n47 \n21.4 \nNetwork event \n47 \n22 \nFees and Costs \n47 \n22.1 \nPayment of fees and Costs \n47 \n22.2 \nOverdue payments \n48 \n22.3 \nCalculation \n48 \n22.4 \nNo refund \n48 \n22.5 \nCosts on cancellation \n48 \n22.6 \nBenefits with Staking \n48 \n23 \nTermination, suspension and enforcement \n48 \n23.1 \nTermination by either party \n48 \n23.2 \nTermination by us \n48 \n23.3 \nAdditional rights to terminate \n49 \n\n1 \n \n23.4 \nThe Agreement \n49 \n23.5 \nNo effect on rights and liabilities \n50 \n23.6 \nReview of entitlements \n50 \n23.7 \nEnforcement action \n50 \n23.8 \nSuspension \n50 \n23.9 \nPayments and handling of Virtual Assets upon termination \n50 \n24 \nGeneral terms \n51 \n24.1 \nHardware, Trading Tools and other materials \n51 \n24.2 \nPrompt performance \n51 \n24.3 \nWaiver and variation \n51 \n24.4 \nExercise of rights \n51 \n24.5 \nApprovals and consents \n52 \n24.6 \nComplying with a court order \n52 \n24.7 \nConsents \n52 \n24.8 \nIndemnities \n52 \n24.9 \nThird party services \n52 \n24.10 \nAssignment and other dealings \n52 \n24.11 \nCompliance with Law \n52 \n24.12 \nInconsistent laws and severability \n52 \n24.13 \nThird party rights \n53 \n24.14 \nReports \n53 \n24.15 \nConstruction \n53 \n24.16 \nSupervening legislation \n53 \n24.17 \nConfidentiality \n53 \n24.18 \nAnti-money laundering and sanctions \n54 \n24.19 \nComplaints \n54 \n25 \nStatements and records \n54 \n25.1 \nTransaction records \n54 \n25.2 \nReporting mistakes \n54 \n25.3 \nReversals \n55 \n26 \nNotices and communications \n55 \n26.1 \nNotices and electronic delivery \n55 \n26.2 \nDelivery \n55 \n26.3 \nDigital signatures \n55 \n26.4 \nElectronic contracts \n56 \n26.5 \nClient constitutes more than one person \n56 \n26.6 \nRecording of communications \n56 \n26.7 \nRecords \n56 \n26.8 \nGoverning law \n56 \n26.9 \nSubmission to arbitration \n57 \n26.10 \nServing documents \n57 \nAnnex I \nRisk disclosure statement \n58 \nAnnex II \nSub-Account Terms and Conditions \n66 \nAnnex III \nUSD Deposits and USDC Withdrawals \n73 \n\n6 \n \nExchange Terms and Conditions \n \nPart 1 About this document and our relationship \n \n1 \nDefinitions \n1.1 \nDefined terms \nThe following terms have the following meanings, unless the contrary intention appears. \n \nAccount means an account that is established by Crypto.com in your name for the \npurposes of using the Exchange, which is made available through the Website, App \nand/or other means as determined by Crypto.com in its sole discretion. It includes the \nSpot Wallet or any other virtual asset wallet(s) established by Crypto.com to trade \nVirtual Assets or provide specific services under this Agreement. \n \nAdvanced Order means any Order type made available on the Website and/or App \nfrom time to time that is not a Maker Order, Market Order or a Limit Order. \n \nAgreement means the agreement between Crypto.com and you that is made up of the \nfollowing documents: \n \n(a) \nThese Exchange Terms and Conditions. \n \n(b) \nYour Application. \n \n(c) \nAny Confirmations to which you are party. \n \n(d) \nAny document or part of the Website and/or App that sets out the fees and \nCosts that may apply to the Exchange. \n \n(e) \nThe Exchange FAQs. \n \n(f) \nAny Addendum with respect to the suite of services (other than your use of the \nExchange and/or the Account) offered through the Exchange. \n \n(g) \nAny other rules, notifications, guidelines, terms, agreement or other document \ndesignated by us to form part of the Agreement. \n \nAgreed Communication Method means: \n \n(a) \nthe Website; \n \n(b) \nApp; and \n \n(c) \nany other communication method as notified by Crypto.com to you as another \nAgreed Communication Method, or otherwise in writing, as being appropriate \nfor submitting Orders. \n \nAirdrop means a distributed or attempted distribution where an address that holds a \nVirtual Asset receives or is allocated a certain amount of the same or another Virtual \nAsset. \n \nAML/CTF Requirements mean any Applicable Law pertaining to money laundering, \nterrorism financing, bribery, corruption, tax evasion, fraud, the trafficking of arms, drugs, \nhumans or wildlife, slavery, proliferation of weapons of mass destruction, or Sanctions. \n \nApp means the mobile application software developed, owned, and made available by \nCrypto.com which allow you to access one or more of the services under this \nAgreement. \n \nApplication means an: \n\n7 \n \n \n(a) \napplication to use the Exchange; and \n(b) \napplication for an Account, \n \nin the form specified by Crypto.com through an Agreed Communication Method. \n \nApplicable Law means any applicable common law, principles of equity, and laws \nmade by a government or relevant authority or judicial body, including regulations, \nrules, decrees, court judgments, office directives, requests, policies, codes, circulars, \nguidelines or other instruments (whether or not having the force of law), and \nconsolidations, amendments, re-enactments or replacements of any of them from time \nto time. \n \nAuthorised Person means any person that you (as a corporate client) authorise (either \nalone or collectively) and Crypto.com approves to act on your behalf in giving \nInstructions, operating your Account or performing any other act in connection with the \nAgreement. \n \nAvailable Jurisdiction means a jurisdiction which is stated here, where the Exchange \nis available for service. \n \nBase Asset means the first Virtual Asset stated in a Trading Pair. \n \nBusiness Day means a day that is not a Saturday, Sunday, other general holiday (as \ndefined in the General Holidays Ordinance (Cap. 149 of the Laws of Hong Kong)), or \nday on which a tropical cyclone No. 8 or above or a \"black\" rainstorm warning is hoisted \nin Hong Kong at any time between 9:00 am and 5:00 pm and, if hoisted before 11:59 \nam on that day, is not lifted before 12:00pm on that day. \n \nConfirmation means a trade confirmation (or similar) relating to an Executed Order. \n \nControl of a person includes the power to directly or indirectly: \n \n(a) \ndetermine the management or policies of the person; \n \n(b) \ncontrol the membership of the board or other governing body of the person; or \n \n(c) \ncontrol the casting of more than one half of the maximum number of votes that \nmay be cast at a general meeting of the person, \n \nregardless of whether the power is in writing or not, enforceable or unenforceable, \nexpressed or implied, formal or informal or arises by means of trusts, agreements, \narrangements, understandings, practices or otherwise. \n \nController of a person means the person that has the power to Control that person. \n \nCosts include costs, fees, charges, disbursements and/or expenses, including those \narising in connection with: \n \n(a) \nVirtual Asset networks or blockchains underlying a Virtual Asset; and \n \n(b) \nengagement of third-party service providers (on a full indemnity basis) including \nlegal advisers, trustees, or any agent, delegate nominee or custodian \nappointed by us. \n \nCounter Asset means the second Virtual Asset stated in a Trading Pair. \n \nCrypto.com means CRO DAX Limited, unless you reside in Canada, in which case \nCrypto.com means Foris DAX, Inc. \n \nCrypto.com Group means Crypto.com and each Crypto.com Group Member. \n \nCrypto.com Group Member means Crypto.com, and any person, entity or company \nthat (directly or indirectly through one or more intermediaries), is in Control of \n\n8 \n \nCrypto.com, is Controlled by Crypto.com, or is under common Control with Crypto.com. \n \nDeceptive Activity occurs where a person, directly or indirectly, in a transaction \ninvolving any Virtual Asset: \n \n(a) \nemploys any device, scheme or artifice with intent to defraud or deceive; \nor \n \n(b) \nengages in any act, practice or course of business which is fraudulent or \ndeceptive, or would operate as a fraud or deception. \n \nDispute includes any dispute, controversy, difference or claim arising out of or in \nconnection with the Agreement or the subject matter of the Agreement, including any \nquestion concerning its formation, validity, interpretation, performance, breach and \ntermination. \n \nEligible Virtual Asset means a Virtual Asset that: \n \n(a) \nhas not been associated with a wallet address that is or has been blacklisted or \notherwise identified by a Government Agency or relevant authority as being \nrelated to a breach or potential breach of the AML/CTF Requirements or \nFinancial Crime Regulation; \n \n(b) \nis not otherwise associated with suspicious or illicit activities, including the dark \nweb or ransomware cases; or \n \n(c) \nis otherwise available for trading on the Website and/or App, \n \nin each case, as determined by Crypto.com in its sole discretion, having regard to \nApplicable Law, Crypto.com’s internal policies and any other relevant considerations. \n \nEnabled Device means the mobile device or other device successfully registered by \nyou for the use in connection with the App, and services under this Agreement. \n \nEncumbrance means any: \n \n(a) \nsecurity for the payment of money or performance of obligations, including a \nmortgage, charge, lien, pledge, trust, power or title retention or flawed deposit \narrangement; \n \n(b) \nright, interest or arrangement which has the effect of giving another person a \npreference, priority or advantage over creditors including any right of set-off; \n \n(c) \nright that a person (other than the owner) has to remove something from land \n(known as a profit à prendre), easement, public right of way, restrictive or \npositive covenant, lease, or licence to use or occupy; or \n \n(d) \nthird party right or interest or any right arising as a consequence of the \nenforcement of a judgment, \n \nor any agreement to create any of them or allow them to exist. \n \nExchange means the exchange that is operated by Crypto.com in accordance with the \nAgreement. \n \nExchange FAQs means the applicable “Exchange FAQs” published on the Website by \nCrypto.com. \n \nExchange Materials means the Trading Tools, marketing information and other \nmaterials available on or via the Exchange. \n \nExchange Terms and Conditions or Terms means this document. \n \nEvent of Default means any event specified in these Exchange Terms and Conditions \n\n9 \n \nas giving rise to the right of Crypto.com to terminate the Agreement immediately by \nnotice. \n \nExecution means the matching of two Orders, and “Executed” and “Executed \nOrders” are to be interpreted accordingly. \n \nFalse or Misleading Information Disclosure occurs when a person: \n \n(a) \ndiscloses, circulates or disseminates; \n \n(b) \nauthorises or is concerned in the disclosure, circulation or dissemination of, \ninformation that is likely to: \n(i) \ninduce another person to trade Assets; \n \n(ii) \ninduce the trading of Assets by another person; or \n \n(iii) \nmaintain, increase, reduce or stabilise the price of Assets, \n \nwhere: \n \n(A) \nthe information is false or misleading as to a material fact, or is \nfalse or misleading through the omission of a material fact; \nand \n \n(B) \nthe person knows that, or is reckless or negligent as to \nwhether, the information is false or misleading as to a material \nfact, or is false or misleading through the omission of a \nmaterial fact. \n \nFalse Trading occurs when a person does anything or causes anything, intentionally, \nnegligently or recklessly, that has the effect, or is likely to have the effect of: \n \n(a) \ncreating a false or misleading appearance of active trading in an Asset; or \n \n(b) \ncreating an artificial price, or maintaining the price at a level that is an artificial \nprice, for an Asset. \n \nFiat Currency means any asset that is: \n \n(a) \nlegal tender in a country or territory; and \n \n(b) \ncustomarily used and accepted as a medium of exchange in its country or \nterritory of issue; \n \nin each case as determined by us. \n \nFinancial Crime Regulation means any Applicable Law, internal policy or regulatory \nrequirement pertaining to money laundering, terrorism financing, bribery, corruption, \nTax evasion, fraud, the trafficking of arms, drugs, humans or wildlife, slavery, \nproliferation of weapons of mass destruction, or evasion of sanctions. A reference to a \nviolation of Financial Crime Regulation includes any acts or attempts to circumvent or \nviolate any Applicable Laws relating to Financial Crime Regulation. \n \nForce Majeure Event means any event that is beyond our control and prevents us or \ndelays us from performing our obligations under the Agreement, including: acts of God \n(including earthquake, cyclone, fire, explosion, flood, landslide, lightning, storm, \ntempest, pandemic, drought or meteor); \n \n(a) \nacts of war and terrorism, declared or undeclared (including invasion, act of a \nforeign enemy, hostilities between nations, civil insurrection or militarily \nusurped power); \n \n\n10 \n \n(b) \ncivil disorder (including any act of a public enemy, sabotage, malicious \ndamage, terrorism or civil unrest); \n \n(c) \nembargoes (including confiscation, nationalisation, requisition, expropriation, \nprohibition, restraint or damage to property by or under the order of any \ngovernment or government authority); \n \n(d) \nnatural disasters; \n \n(e) \nunnatural disasters (including ionising radiation or contamination by \nradioactivity from any nuclear waste or from combustion of nuclear fuel); \n \n(f) \nlabour disputes (including strikes, blockades, lock out or other industrial \ndisputes); \n \n(g) \nfailure in the internet, communications networks and facilities, or other \ninfrastructure, systems, operations or of equipment relevant to the provision or \nuse of the Exchange; \n \n(h) \ndata breaches or data-processing failures; or \n \n(i) \nadoption of or any change in Applicable Law, or the promulgation of or any \nchange in the interpretation in Applicable Law by any relevant Government \nAgency, or the public statement or action by any Government Agency or its \nofficial or representative thereof acting in an official capacity. \n \nFork means changes in operating rules of the underlying protocols of a Virtual Asset \nthat may result in: \n \n(a) \nmore than one version of that Virtual Asset; \n \n(b) \nmaterial changes in the value, function, and/or the name of a Virtual Asset and/or \n \n(c) \nCrypto.com holding an amount (which may be an identical amount) of Virtual \nAssets associated with each forked network, \n \nin each case as determined by us in our sole discretion. \n \nGovernment Agency means any government, semi-governmental, administrative, \nfiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, \nagency or entity. \n \nHKIAC means the Hong Kong International Arbitration Centre. \n \nHong Kong means the Hong Kong Special Administrative Region of the People’s \nRepublic of China. \n \nInfrastructure Participant means trading venues and other financial market \ninfrastructures that facilitate the clearing, settlement, and recording of transactions \nrelating to Virtual Assets. \n \nInside Information means, in relation to an Issuer, specific information that is: \n \n(a) \nabout: \n \n(i) \nthe Issuer; \n \n(ii) \na Controller or Senior Manager of the Issuer; or \n \n(iii) \nthe Virtual Assets of the Issuer; and \n \n(b) \nnot generally known to the persons who are accustomed or would be likely to \ndeal in the Virtual Assets of the Issuer but would if generally known to them be \nlikely to materially affect the value of the Virtual Assets. \n\n11 \n \n \nInsider Dealing occurs when a person who has information which that person knows is \nInside Information in relation to an Issuer: \n \n(a) \ndeals in a Virtual Asset that is issued by that Issuer; \n(b) \ncounsels or procures another person to deal in any Virtual Asset that is issued \nby that Issuer; or \n \n(c) \ndiscloses the Inside Information, directly or indirectly, to another person. \n \nA person is Insolvent if it: \n \n(a) \nmakes a general arrangement or composition with or for the benefit of its \ncreditors; \n \n(b) \ninstitutes or has instituted against it any voluntary or involuntary proceeding \nseeking relief under any insolvency, bankruptcy or other law affecting creditors’ \nrights, or, has a winding-up or liquidation petition presented against it and such \nproceeding or petition: \n \n(i) \nresults in a judgment of insolvency or bankruptcy liquidation of the \nperson or the entry of an order for relief or winding-up or liquidation; or \n \n(ii) \nis not dismissed, discharged, stayed or restrained in each case within \n15 days of the institution or petition (as the case may be); \n \n(d) \nis dissolved other than pursuant to a consolidation, amalgamation or merger; \n \n(e) \nis unable to pay its debts as they become due or admits in writing of its inability \nto pay its debts as they become due; \n \n(f) \nseeks or becomes subject to the appointment of an administrator, liquidator, \nreceiver, trustee or other similar official for it or for all or substantially all of its \nassets; \n \n(g) \ncauses or is subject to any event with respect to it which, under Applicable \nLaw, has an effect analogous to any of the events specified in paragraphs (a) \nto (e); or \n \n(h) \ntakes any action in furtherance of or indicating its consent to any of the events \nspecified in paragraphs (a) to (e). \n \nIssuer means any person that issues a Virtual Asset. For the avoidance of doubt, a \nVirtual Asset is not required to have an Issuer. \n \nInstruction means an instruction from you to Crypto.com in relation to the Exchange, \nyour Account or any services under this Agreement. \n \nJailbroken, as applicable to the device in question: \n \n(a) \nmeans a device that has been freed from the restrictions imposed on it by the \nmobile service provider and/or the phone manufacturer without their approval, \nas applicable; and/or \n \n(b) \nhas the meaning set out in the Exchange FAQs. \n \nLimit Order means an Order that is Executed at the price specified in that Order. \n \nLoss includes any direct, indirect or consequential loss, damage, expense, demand, \nclaims, liabilities, judgments, fines, penalties (whether civil, criminal or other) and \namounts paid or payable in settlement, including, without limitation, all interest, \nassessments and other charges paid or payable in connection with or in respect of any \nof the foregoing and Costs of any kind. \n \n\n12 \n \nMarket Manipulation occurs when a person: \n \n(a) \nenters into or carries out, directly or indirectly, two or more transactions in \nAssets that by themselves or in conjunction with any other transaction \nincrease, or are likely to increase, the price of any Assets, with the \nintention of inducing another person to buy, or to refrain from \nselling, those Assets; \n \n(b) \na person enters into or carries out, directly or indirectly, two or more \ntransactions in Assets that by themselves or in conjunction with any other \ntransaction reduce, or are likely to reduce, the price of any Assets, with the \nintention of inducing another person to sell, or to refrain from buying, those \nAssets; or \n \n(c) \na person enters into or carries out, directly or indirectly, two or more \ntransactions in Assets that by themselves or in conjunction with any other \ntransaction maintain or stabilise, or are likely to maintain or stabilise, the price \nof any Assets, with the intention of inducing another person to trade, or to \nrefrain from trading, those Assets. \n \nMarket Misconduct means: \n \n(a) \nInsider Dealing; \n \n(b) \nFalse Trading; \n \n(c) \nPrice Rigging; \n \n(d) \nProhibited Transaction Disclosure; \n \n(e) \nFalse or Misleading Information Disclosure; \n \n(f) \nMarket Manipulation; or \n \n(g) \nDeceptive Activity, \n \nand includes attempting to engage in, or assisting, counselling or procuring another \nperson to engage in, any of the conduct referred to in paragraphs (a) to (g). \n \nMaker Order means an Order that will not immediately be Executed against another \nOrder upon submission to the Exchange. \n \nMarket Order means an Order that is Executed at the best available price that is \ncurrently available for the relevant Trading Pair on the Exchange. \n \nMFA means multi-factor authentication. \n \nMis-execution occurs when an Order is Executed otherwise than in accordance with \nthe Order. \n \nNetwork Event in relation to a Virtual Asset means: \n \n(a) \na Fork, Airdrop or other event which results in the generation of new or \nalternate Virtual Assets from an existing Virtual Asset, and which creates rights \nof an existing Virtual Asset holder to receive or otherwise control the newly \ncreated Virtual Assets immediately after the Network Event; or \n \n(b) \nany event in respect of any protocol underlying a Virtual Asset, which is \nexogenous to us, and results in loss of control or ownership of Virtual Assets \nheld by Crypto.com or you, including any consensus by a relevant network \nprotocol to fail to honour or record an Executed Order on the network, or to \nrevert any Executed Order previously honoured or recorded on the network. \n \nNetwork Participant means a person or entity who has the ability to cause the \n\n13 \n \nhappening of a Network Event, including any group of persons or entities acting in \nconcert. \n \nOrder means an Instruction to trade a specified quantity of a Base Asset for a specified \nprice stated in the Counter Asset on the Exchange. \n \nOrder Matching Engine means, collectively, Crypto.com’s systems for Execution. \n \nPrice Rigging occurs when a person enters into or carries out: \n \n(a) \nany transaction of sale or purchase of an Asset that does not involve a change \nin the beneficial ownership of that Asset; or \n \n(b) \nany fictitious or artificial transaction or device, whether intentionally or \nrecklessly, \n \nand the conduct has the effect of maintaining, increasing, reducing, stabilising, or \ncausing fluctuations in the price of a Virtual Asset. \n \nProhibited Transaction means any transaction that involves Market Misconduct. \n \nProhibited Transaction Disclosure occurs when a person: \n \n(a) \ndiscloses; \n \n(b) \ncirculates; \n \n(c) \ndisseminates; \n \n(d) \nauthorises; or \n \n(e) \nis concerned in the disclosure, circulation or dissemination of, \ninformation to the effect that the price of Virtual Assets: \n(i) \nwill be maintained, increased, reduced or stabilised; or \n \n(ii) \nis likely to be maintained, increased, reduced or stabilised, \n \nbecause of a Prohibited Transaction relating to those Virtual Assets, if that person, or \nan associate of that person: \n \n(A) \nhas entered into or carried out, directly or indirectly, a \nProhibited Transaction; or \n \n(B) \nhas received, or expects to receive, directly or indirectly, a \nbenefit as a result of the disclosure, circulation or \ndissemination of the information. \n \nProscribed Address means: \n \n(a) \nany blockchain address that appears in a list of addresses with which dealings \nare proscribed by the United Nations or another Government Agency or \nrelevant authority under Applicable Law, or is part of a group of addresses that \nappears in such a list; and \n \n(b) \nwithout limiting the generality of this definition, an address stated on the United \nStates of America Department of Treasury’s Specially Designated Nationals \nlist. \n \nProscribed Person means a person who appears to Crypto.com to: \n \n(a) \nbe in breach of any AML/CTF Requirements of any jurisdiction; \n \n\n14 \n \n(b) \nappear in a list of persons with whom dealings are proscribed by the United \nNations or another Government Agency or a regulatory authority under \nApplicable Law; or \n \n(c) \nact on behalf, or for the benefit of, any person described in paragraph (a) or (b). \nSanctions means any economic sanctions laws, regulations, embargoes or restrictive \nmeasures imposed by the United Nations Security Council and/or Hong Kong, the \nCayman Islands, the United States of America, the United Kingdom of Great Britain and \nNorthern Ireland, the European Union or its member states, or by any other Available \nJurisdiction. \n \nSelf-Execution means that in respect of any Executed Orders, the same person has \nprovided both the Taker Order and the Maker Orders. \n \nSenior Management of a person means the managing director, the board of directors \nand the chief executive officer, as well as all other personnel who are in a position of \nauthority over that person’s business decisions, or who have significant influence or \ncontrol over that person, and “Senior Manager” is to be interpreted accordingly. \n \nSpot Wallet means each virtual asset wallet provided to you by Crypto.com upon \nopening an Account for the purpose of trading under these Exchange Terms and \nConditions. \n \nTaker Order means an Order that will be immediately Executed against another Order \nupon submission to the Exchange. \n \nTaxes means taxes, levies, imposts, charges and duties imposed by any Government \nAgency (including stamp and transaction duties) together with any related interest, \npenalties, fines and expenses in connection with them, except if imposed on, or \ncalculated having regard to, the overall net income of Crypto.com. \n \nTrade Engine means, collectively, Crypto.com’s systems for settling Executed Orders \nby transferring the relevant Virtual Assets between the relevant Accounts. \n \nTrading Hours means the times during which the Exchange is available, as notified via \nan Agreed Communication Method or otherwise in writing by Crypto.com. \n \nTrading Tools means the applications (including any application programming \ninterface), algorithms, software (including any files, images, tables and data \nincorporated in or generated by the software and data accompanying the software), \ninterfaces or code that Crypto.com may provide to you for using the Exchange. It \nincludes the Website and the App and any related specific applications, algorithms, \nsoftware, interfaces and codes. \n \nTrading Pair means the combination of a Base Asset and a Counter Asset that is \noffered for trading on the Exchange. \n \n \nVirtual Asset means any asset that is: \n \n(a) \nexpressed as a unit; \n \n(b) \ncapable of being transferred, stored and traded on a peer-to-peer basis, with \nor without conditions or limitations; and \n \n(c) \napproved by Crypto.com from time to time for use in connection with the \nExchange. \n \nVirtual Assets do not include Fiat Currencies. For the avoidance of doubt, \nany Virtual Asset that: \n(i) \nis transferred on any additional layer on top of a blockchain relating to \nanother Virtual Asset or any side chain; or \n\n15 \n \n \n(ii) \nis a derivative of another Virtual Asset, has enhanced features or \nfunctionality that supplements or interacts with another Virtual Asset, \n \nis to be treated as a distinct Virtual Asset from such other Virtual Asset and its use in \nconnection with the Services will be subject to approval by Crypto.com. \n \nUnauthorised Transaction means an Instruction that is not authorised by you. For the \navoidance of doubt, an Instruction that is authorised and/or initiated by you as a result of \nmistake, duress, fraud, misrepresentation, inducement etc shall not constitute an \nUnauthorised Transaction. \n \nWebsite means www.crypto.com/exchange. \n \n\n16 \n \n \n2 \nInterpretation \n2.1 \nRules of interpretation \nUnless the contrary intention appears, a reference in the Agreement to: \n \n(a) \nany reference to a Virtual Asset includes any part or fraction thereof; \n \n(b) \na reference to anything (including an amount) is a reference to the whole and \neach part of it; \n \n(c) \nlabels used for definitions are for convenience only and do not affect \ninterpretation; \n \n(d) \na document (including these Exchange Terms and Conditions) includes any \nvariation or replacement of it; \n \n(e) \na reference to a document includes any document that is ancillary to that \ndocument, or any agreement or other legally enforceable arrangement created \nby that or under that document; \n \n(f) \na clause, Part, annexure or schedule is a reference to a clause in, Part of, or \nannexure or schedule to, these Exchange Terms and Conditions; \n \n(g) \na statute, ordinance, code or other law includes regulations and other \ninstruments under it and consolidations, amendments, re-enactments or \nreplacements of any of them; \n \n(h) \nthe singular includes the plural and vice versa; \n \n(i) \nthe word “person” includes an individual, a firm, a body corporate, a \npartnership, a joint venture, an unincorporated body or association, or any \nGovernment Agency; \n \n(j) \na particular person includes a reference to the person’s executors, \nadministrators, successors, substitutes (including persons taking by novation) \nand assigns; \n \n(k) \nan agreement, representation or warranty in favour of two or more persons is \nfor the benefit of them jointly and each of them individually; \n \n(l) \nan agreement, representation or warranty by two or more persons binds them \njointly and each of them individually; \n \n(m) \na group of persons or things is a reference to any two or more of them jointly \nand to each of them individually; \n \n(n) \na period of time dating from a given day or the day of an act or event, is to be \ncalculated exclusive of that day; \n \n(o) \nunless stated otherwise in writing by Crypto.com, a day is to be interpreted as \nthe period of time commencing at midnight and ending 24 hours later; \n \n(p) \nthe words “include”, “including”, “for example” or “such as” when introducing an \nexample, does not limit the meaning of the words to which the example relates \nto that example or examples of a similar kind; \n \n(q) \nthe word “blockchain” includes any other form of distributed ledger technology; \n \n(r) \na reference to “law” includes common law, principles of equity and legislation \n(including regulations, rules, by-laws, ordinances and proclamations) and \n\n17 \n \nincludes any consolidations, amendments, re-enactments or replacements of \nany of them; \n \n(s) \na reference to “regulation” includes legislation and instruments of a legislative \ncharacter under legislation (such as regulations, rules, by-laws, ordinances, \ndirectives and proclamations) as well as instruments or orders issued or \nendorsed by the SFC or government or regulatory authorities and any \nlicensing, registration or approval requirements under any of these; \n \n(t) \na reference to \"in writing\" means in legible form and capable of reproduction on \npaper, and includes electronic communication; \n \n(u) \na reference to “material” includes the ability to affect the outcome of a decision \nor application; \n \n(v) \ntime is a reference to Hong Kong time; \n \n(w) \n“property” or “asset” includes any present or future, real or personal, tangible or \nintangible property, asset or undertaking and any right, interest or benefit under \nor arising from it; and \n \n(x) \nany thing (including any amount or Service) includes each part and/or feature \nof it. \n \n2.2 \nNext day \nIf an act specified in the Agreement is to be done by a party on or by a given day is \ndone after 5.30pm on that day, it is taken to be done on the next day. \n \n2.3 \nNext Business Day \nIf an event specified in the Agreement must occur on a stipulated day which is not a \nBusiness Day, then the stipulated day will be taken to be the next Business Day. \n \n2.4 \nHeadings \nHeadings (including those in brackets at the beginning of paragraphs) are for \nconvenience only and do not affect the interpretation of the Agreement. \n \n2.5 \nInconsistency \nSubject to the application of any mandatory provisions of any Applicable Law, if there is \nany inconsistency between: \n \n(a) \nthe English version and any other language version of any part of the \nAgreement, the English version prevails; \n \n(b) \nthe Application and any other terms of the Agreement, the other terms prevail; \n \n(c) \nthese Exchange Terms and Conditions and any specific terms applicable to a \nparticular service that forms part of the Agreement, or to a particular \njurisdiction, the specific terms prevail; \n \n(d) \nthese Exchange Terms and Conditions and the Exchange FAQs, these \nExchange Terms and Conditions prevail; \n \n(e) \na Confirmation and any other terms of the Agreement, the Confirmation \nprevails for the relevant Executed Order; or \n \n(f) \nthe Agreement and any direction, decision, requirement or other rule issued by \nus in connection with the Exchange, the latter in time prevails, \n \n(g) \nin each case, to the extent of the inconsistency, and unless otherwise specified \nby us in writing. \n\n18 \n \n2.6 \nPronoun usage \nIn these Exchange Terms and Conditions: \n \n(a) \n“you” or “your” refers to: \n \n(i) \nthe person agreeing to these Exchange Terms and Conditions; and \n \n(ii) \nwhere the context permits, includes any Authorised Person of that \nperson; and \n \n(b) \n“we” or “us” refers to Crypto.com. \n \n3 \nAbout this document and our Agreement \n3.1 \nThe Exchange Terms and Conditions \n(a) \nThese Exchange Terms and Conditions are issued by Crypto.com. \n \n(b) \nThese Exchange Terms and Conditions set out the terms and conditions that \napply to your use of: \n \n(i) \nthe Exchange; and \n \n(ii) \nyour Account. \n \n3.2 \nThe Agreement \n(a) \nThe terms of the Agreement apply to you and to any Authorised Person. \n \n(b) \nIf you or an Authorised Person do not agree with terms of the Agreement, you \nor the Authorised Person shall not use the Exchange or access your Account. \n \n(c) \nYou are responsible for ensuring that each Authorised Person complies with \nthe Agreement and for anything an Authorised Person does in connection with \nthe Agreement. \n \n(d) \nYou must ensure that each Authorised Person is given a copy of the \nAgreement and any privacy notice issued by us from time to time. \n \n(e) \nThe Exchange FAQs may be amended or varied by us from time to time \nthrough an Agreed Communication Method. The updated Exchange FAQs will \napply from when they are published. Please ensure you always check the \nlatest published version. Crypto.com may revise other terms of the Agreement \nin accordance with clause 15. \n \n3.3 \nSingle agreement \nEach Order is submitted by you, and all transactions are entered into, in reliance on the \nfact that the Agreement forms a single agreement between you and us and neither you \nnor us would otherwise enter into any transactions. \n \n3.4 \nOur relationship: no fiduciary duties or other roles \nYou acknowledge that none of: \n \n(a) \nthe relationship between you and us; \n \n(b) \nthe activities contemplated by the Agreement; or \n \n(c) \nany other matter, \n \ngives rise to any fiduciary, trustee or equitable duties on our part in your favour, even \nwhere we have better knowledge of the market generally or of any particular Order. In \nparticular, there are no duties that would oblige us to accept responsibilities more \n\n19 \n \nextensive than those set out in the Agreement or which prevent or hinder us in carrying \nout any of the activities contemplated by the Agreement. For example, we do not provide \nadvice of any kind as a service under the Agreement and we do not act as your adviser \nin relation to any aspect of your use of the Exchange or Virtual Asset transactions \ngenerally. \n \n3.5 \nQuestions \nIf you have any questions about the Agreement, you should obtain appropriate , \nindependent professional advice. \n\n20 \n \nExchange Terms and Conditions \n \nPart 2 Accounts, Instructions and payments \n \n4 \nAccounts \n4.1 \nApplication \n(a) \nIf you are a new user and want to use the Exchange, you must: \n \n(i) \nmake an Application; and \n \n(ii) \nprovide such information as we reasonably request. The \ninformation that you provide must be complete, accurate and up- \nto-date. \n \n(b) \nDifferent eligibility criteria may apply between applicants. We may \nrefuse your Application for any reason. Unless required by Applicable \nLaw, we do not need to give reasons for refusing or accepting an \nApplication. \n \n(c) \nIf you are an existing user of any Crypto.com Group’s services and \nwant to use the Exchange, you agree that the relevant entity may \nshare with us the onboarding documents you provided previously for \nthe Application. \n \n(d) \nIf we approve your Application: \n \n(i) \nthe terms on which you may use the Exchange and your \nAccount are set out in the Agreement; \n \n(ii) \nwe may grant to you a non-exclusive, non-sub-licensable \n(except as permitted within these Terms, to Authorised Persons \nunder clause 4.7), non-transferable personal right to, use the \nExchange and your Account to trade Virtual Assets; and \n \n(iii) \nyou may only use the Exchange, an Account, an Agreed \nCommunication Method and Exchange Materials for your own \npurposes. \n \n(e) \nIf you are a resident of a particular Available Jurisdiction, or have a \nrelevant connection to a particular jurisdiction, additional terms and \nconditions may apply as notified by us at any time. \n \n(f) \nA reference to “terms and conditions” in forms, statements, brochures \nand other documents we provide is a reference to the relevant terms \ncontained in the Agreement. \n \n4.2 \nEstablishing an Account \n(a) \nWe may open an Account in your name following receipt of an \nApplication in accordance with paragraph 4.1(a). \n \n(b) \nWe have the sole discretion as to the opening, operation and closure of \nan Account or any wallet that forms part of your Account. Without \nlimiting the terms of the Agreement, we may, at any time, without liability: \n \n(i) \nvary, suspend or close an Account or wallet; \n \n(ii) \nspecify or vary the scope and extent of an Account or wallet and \nthe Exchange; \n\n21 \n \n(iii) \nprescribe the specific Exchange (including any specific Virtual \nAssets) supported in respect of an Account; \n \n(iv) \nset or vary any limit regarding an Account or wallet; or \n \n(v) \nrestrict or impose conditions or limits on an Account or wallet. \n \n(c) \nSubject to our discretion and operational requirements, you may not hold \nmore than one Account. \n \n(d) \nAll Accounts are established and maintained by us for the sole purpose \nof providing the Exchange and recording relevant Virtual Asset \nmovements. In no circumstances should an Account be interpreted as a \nbanking or custody service, or a stored value facility, of any kind. \n \n(e) \nWe may open and provide one or more sub-accounts in your name \nfollowing an application from you in accordance with, and subject to, the \nterms described in Annex II to these Exchange Terms and Conditions. \n \n4.3 \nAccount requirements \nIn addition to any other requirements that we may impose in respect of your \nAccount from time to time, you must, promptly: \n \n(a) \nsupply such information, documentation and authorisation as requested \nby us in order for us to carry out all necessary “know your customer” \nchecks and AML/CTF Requirements and comply with all Applicable Law; \nand \n \n(b) \nnotify us in writing of any change in any information, documentation or \nauthorisation provided to us, and submit appropriate supporting \ninformation and/or documents relating to such change. \n \nWe reserve the right in our absolute discretion to refuse any Application, or the \ndesignation of any person to operate the Account, and we may not give you any \nreasons for that refusal. \n \n4.4 \nAccount details and access \n(a) \nWe may issue you with a user name and password, or other appropriate \nlog-in details or access method for your Account. \n \n(b) \nYou are responsible for keeping your log-in details or access method \nconfidential so that your Account cannot be accessed or used without \nyour permission. \n \n(c) \nYou must comply with any specifications that we make in relation to your \nuse of the Exchange and an Agreed Communication Method. This \nincludes any authentication and other security procedures. \n \n4.5 \nAccount operations \n(a) \nWithout limiting our other rights or obligations under the Agreement, and \nsubject to Applicable Law: \n \n(i) \nyou may transfer Virtual Assets to us in connection with the \nExchange, in accordance with the instructions provided through \nan Agreed Communication Method; \n \n(ii) \nwe will record, in your Account, any amounts of Virtual Assets \nreceived by us from you in connection with the Exchange; \n\n22 \n \n(iii) \nwe may deduct from your Account and pay, whether to us or \notherwise: \n \n(A) \nany fees and Costs; and \n \n(B) \nany payments required in respect of an Executed Order; \nand \n \n(iv) \nyour may transfer Virtual Assets within any wallets associated \nwith your Account. \n \n(b) \nOnly Eligible Virtual Assets are permitted for use in connection with your \nAccount and Exchange. We retain sole discretion to determine when \nand if a Virtual Asset is an Eligible Virtual Asset, and you acknowledge \nand understand that such determination may take significant time, and \nthat we are under no obligation to provide you with any reasons in \nrespect of any determination. If you transfer any Virtual Assets that are \nnot Eligible Virtual Assets, such Virtual Assets may be permanently lost. \n \n(c) \nYou must not transfer: \n \n(i) \nVirtual Assets to us unless: \n \n(A) \nyou are the lawful, legal and beneficial owner of such \nVirtual Assets; \n \n(B) \nyou have the absolute right to sell, assign, convey, \ntransfer and deliver the Virtual Assets; and \n \n(C) \nthe Virtual Assets are free of any Encumbrance; and \n \n(ii) \nanything to us other than Virtual Assets. \n \n(d) \nWe may make payments from your Account without any express \ninstructions from you, and you authorise us to make such payments in \naccordance with clauses 5 and 7. \n \n(e) \nYou may request us to transfer Virtual Asset recorded in your Spot \nWallet to an external digital address that is compatible with the relevant \nVirtual Asset and that is controlled by you, in accordance with the \ninstructions provided through an Agreed Communication Method, and \nsubject always to (i) our discretion to accept or reject Instructions (ii) \nour assessment that the external digital address is not a Proscribed \nAddress. \n \n(f) \nIt is your responsibility to ensure that you provide us with the correct \ndigital address details. For example, if you provide us with incorrect \ndigital address details, or if you are unable to access the digital address \nprovided, your Virtual Assets may be permanently lost and we take no \nresponsibility or liability whatsoever for such losses incurred by you. \n \n4.6 \nCompletion of Virtual Asset transfers \n(a) \nA transfer of Virtual Assets from an Account is not complete until \nconfirmed as complete by Crypto.com. \n \n(b) \nA transfer of Virtual Assets that is pending will be designated as a \npending transaction in the Account. The balance of the Account will also \nshow a debit of the Virtual Assets having been made. \n \n4.7 \nAccount operating authority – Authorised Persons \n(a) \nBefore appointing an Authorised Person, you must give us account \noperating authority details for that Authorised Person. \n\n23 \n \n(b) \nWe will act on, and in accordance with, the account operating authority \nuntil you vary (by removing or adding Authorised Persons) or cancel it. \n \n(c) \nIf you want to vary the account operating authority by changing either the \nAuthorised Persons or the method of operation, or cancel the authority, \nyou must give instructions in writing to us. On receipt of the instructions, \nwe will vary or cancel the authority. The variation or cancellation \nbecomes effective within a reasonable time after we accept your \ninstructions and we will notify you once the variation or cancellation is \neffective and its effective date. If there is more than one account holder: \n \n(i) \nall of you must authorise adding an additional person as an \nAuthorised Person; and \n \n(ii) \nany of you may cancel an additional person’s authority to be an \nAuthorised Person. \n \n(d) \nWe are entitled to rely on any Instructions and/or (other) instructions \ngiven or purported to be given by an Authorised Person in accordance \nwith the authority. \n \n5 \nCustodial arrangements \n5.1 \nHolding of Virtual Assets \n(a) \nAny Virtual Assets in your Account, or purchased by us on your behalf, \nand held by us for safekeeping may be held: \n \n(i) \nby us; or \n \n(ii) \nby any other institution engaged by us which provides services \nfor the custody of Virtual Assets. \n \n(b) \nYou understand and accept that: \n \n(i) \nyour Virtual Assets held by us under this clause 5.1 do not enjoy \nthe same protections as are available in respect of traditional \ndeposits and financial products; \n \n(ii) \nwe are under no duty to return to you the Virtual Assets \noriginally delivered to, or otherwise held by, us, but where \nnecessary we will return assets of an identical type, and to the \nsame nominal value, of the relevant Virtual Assets to you; and \n \n(iii) \nwe may deposit, transfer, lend, pledge, repledge or otherwise \ndeal with your Virtual Assets if: \n \n(A) \nsuch action is for the Execution of an Order; \n \n(B) \nsuch action is for the settlement of any amount owing \nunder a service provided under this Agreement, or any \nCosts owed by you to us or Crypto.com Group in \nrespect of the Exchange; or \n \n(C) \notherwise in accordance with your Instructions, subject \nto Applicable Law. \n \n5.2 \nBenefits arising for the Virtual Assets \nIf we receive any interest, distributions or other benefits arising from your Virtual \nAssets held by us or any other institution for you, we may or may not: \n \n(a) \ncredit the relevant amount to your Account; or \n\n24 \n \n(b) \npay or transfer the relevant amount to you, in a manner as agreed by us, \n \nsubject to Applicable Law, our internal policy, clause 21 and any other term of the \nAgreement. \n \n6 \nInstructions \n6.1 \nInstructions generally \nYou: \n \n(a) \nauthorise us to accept Instructions from you or any Authorised Person \n(appointed under clause 4.7). You confirm that each Authorised Person \nhas the power to give Instructions on your behalf. You will, and will \nprocure that each of your Authorised Persons will, comply with any \nrequirements we reasonably impose in relation to the Instructions and \nany Applicable Law; \n \n(b) \nagree that we may assume the authenticity of any Instructions given or \npurportedly given by you or any Authorised Person, or that any person \nclaiming to be your authorised representative is in fact that person. We \nare not obliged to enquire into any of these matters; \n \n(c) \nagree we may assume the authenticity of any Instructions given or \npurportedly given by you or any Authorised Person from your Enabled \nDevice, are in fact your Instructions. We are not obliged to enquire into \nany of these matters; \n \n(d) \nauthorise us to act upon any Instruction that we believe to be authentic \nand valid. We may conclusively rely on the Instructions if we believe that \nthe Instructions were given by you or your Authorised Person and are \nduly authorised, accurate and complete, even though this is incorrect \nand even if you send us further communications that differ in any respect \nfrom such Instructions; and \n \n(e) \nare responsible for ensuring the accuracy and completeness of the \nInstructions. You acknowledge and agree that once given, an Instruction \ncannot be revoked and if acted on by us, the Instruction will be binding \non you. \n \n6.2 \nElectronic Instructions and records \nTo the extent applicable, you acknowledge that all Instructions given (and our \nrecords of those Instructions) in electronic form are original documents in writing. \nYou agree not to challenge their validity, admissibility or enforceability on the \nbasis that they are in electronic form. \n \n6.3 \nGiving and receiving Instructions \n(a) \nYou may provide Instructions through the Agreed Communication \nMethods that apply to the Exchange. \n \n(b) \nSubject to our discretion to reject any Instruction, all Instructions are only \nvalid and effective if received by us within the Trading Hours on a \nBusiness Day. However, we do not guarantee that any of the \nInstructions will be processed even though they may have been \nreceived. \n \n(c) \nInstructions from you are irrevocable and you are not entitled to cancel, \nreverse or otherwise disclaim such Instructions. We are under no \nobligation to act on an Instruction to cancel or amend a previous \nInstruction from you or your Authorised Person. We may also be unable \n\n25 \n \nto cancel or amend an unexecuted or partly executed Instruction for any \nreason. \n \n(d) \nWe use our reasonable endeavours to execute the Instructions, but we \ndo not guarantee that the Instructions will be wholly or partially executed \nor will be executed by a certain time. Partially exercised Instructions \nmay not be cancelled or reversed on the basis that the Instructions have \nnot been wholly exercised. We are not responsible for any delays due to \na Force Majeure Event, a Network Event, market factors, our own \nverification or authorisation processes or any other reason whatsoever, \nnor for executing an Order before processing any cancellation or \namendment that you may send to us. \n \n6.4 \nAcknowledgement of Instructions \n(a) \nWe agree to acknowledge your Instructions in relation to the entry into \nan Order, through the Agreed Communication Method. \n \n(b) \nIf we do not acknowledge your Instructions under clause 6.4(a), that \nInstruction is deemed to not to have been received by us. \n \n6.5 \nWhen we may refuse, cancel or reverse Instructions \n(a) \nWe reserve the right at all times to refuse, cancel or reverse your \nInstructions, without giving any reason or explanation or prior notice. For \nexample, we may, in addition to any other rights we may have: \n \n(i) \ndecline to accept your Instructions where: \n \n(A) \nwe believe that: \n \n(aa) \nthe Instruction could result in a breach of any \nApplicable Law; \n \n(ab) \na pre-condition under clause 12.4 has not be \nsatisfied; \n \n(ac) \nthe pre-pay requirement under clause 11.1 has \nnot been met, where applicable; \n \n(ad) \nthe Instruction is unclear, ambiguous or \nincomplete; or \n \n(ae) \nthe Instruction involves Market Misconduct or \nwould constitute a Prohibited Transaction; \n \n(B) \nyou or a counterparty are prevented from completing an \nOrder, or it becomes impossible or impracticable for you \nor a counterparty to complete an Order, due to a Force \nMajeure Event; \n \n(C) \nyou disaffirm, disclaim, repudiate or reject, in whole or in \npart, the Agreement, any Confirmation or any Order (or \nsuch action is taken by an Authorised Person on your \nbehalf); \n \n(D) \nin our opinion, you are in material breach of any \nprovision of the Agreement; \n \n(E) \nan Event of Default has occurred; or \n\n26 \n \n(F) \nyou fail to provide any information requested by us in \nrespect of an Order, or where required to do so in \ncompliance with the Agreement, any Applicable Law or \nthe requirement of any contract; \n \n(ii) \nwhere you, an Authorised Person, or a person we believe is \nconnected with you, appears to be a Proscribed Person: \n \n(A) \nrefuse to process or complete any Instruction, suspend \nthe provision of a service to you; \n \n(B) \nrefuse to allow or to facilitate any Order for you or to any \nother Proscribed Person or other person; or \n \n(C) \nterminate the Agreement; or \n \n(iii) \ndecline to act where there are insufficient Eligible Virtual Assets \nin the Account to carry out the Instruction, or where the \nInstruction does not comply with any limit that applies in respect \nof your use of the Exchange. \n \n(b) \nWithout limiting clause 6.5(a) or any other rights we may have under the \nAgreement, we may: \n \n(i) \ndecline to act on your behalf or accept your Instructions where: \nthe original Instruction has expired and is not reconfirmed at that time; \nthe basis for any quotation for the relevant Virtual Asset has changed \nand the Instruction has not been reconfirmed; \n \nthe Virtual Assets are the subject of a trading halt and the order has not \nbeen reconfirmed; or \n \nthe Virtual Asset are no longer available for the purposes of the \nExchange; or \n \n(ii) \ncancel or reverse any Instruction without contacting you where a \nGovernment Agency has recommended or required a \ncancellation or reversal. \n \n(c) \nIf we exercise our rights under this clause 6.5 you must pay us on \ndemand any Loss that we incur in relation to any action taken under that \nclause or any Applicable Law. \n \n6.6 \nRisks of giving Instructions \nYou acknowledge and accept the risks of giving Instructions by the Agreed \nCommunication Method, including the risk of any Instructions being unauthorised \nor given by an unauthorised person, the risk that we may process Instructions \ntwice if you send the same Instructions to us in different forms and the risk that \nany information sent by electronic means cannot be guaranteed to be secure or \nfree from virus or delay. \n \n7 \nPayments, deliveries and other obligations \n7.1 \nPayment and deliveries \n(a) \nWe may, acting in good faith and in a commercially reasonable manner, \nrefuse to accept or make (or accept or make on such terms as it may \ndetermine) any transfer of a Virtual Asset from or to you and we will \nprovide notice of any such refusal as soon as reasonably practicable. In \n\n27 \n \nparticular, we may refuse to facilitate any transfer of Virtual Assets, \nwhether through the Trade Engine or otherwise, that are not Eligible \nVirtual Assets from you, and you cannot use any such Virtual Assets to \nsettle an Executed Order. \n \n(b) \nYou acknowledge and agree that if at any time there are (having regard \nto other payments debited or due to be debited) insufficient Eligible \nVirtual Assets recorded in a relevant Account or any amount owed to us, \nwe may, in our absolute discretion and without any obligation to do so: \n \n(i) \ndecline to execute your Instructions; and \n \n(ii) \nforce-sell any Eligible Virtual Assets held by us on your behalf, \nin each case without further instruction or sanction from you. \n7.2 \nWithholding \n(a) \nIf any Applicable Law requires you to deduct any Tax from a payment to \nus, you must increase the amount payable so that, after making the \ndeduction, we receive the amount we would have received if no \ndeduction had been required. You agree to deduct the amount for the \nTax, pay that amount to the relevant Government Agency in accordance \nwith Applicable Law and give us the original receipts. \n \n(b) \nWe may be required to withhold payments to you, and pass such \namounts to a Government Agency. If at any time any relevant \nGovernment Agency requires us to make a deduction or withholding on \nany payment due to you, you agree to immediately reimburse us for the \namount of any such deduction or withholding or we may recover such \namount in accordance with clause 7.1(b) (ii). You will indemnify us \nagainst any Loss we suffer or incur as a result of such deduction or \nwithholding. \n \n7.3 \nValue added tax \n(a) \nAll payments to be made by you in connection with the Agreement are \ncalculated without regard to any goods and services tax, consumption \ntax, value added tax or any Tax of a similar nature. \n \n(b) \nIf any of these types of Taxes are payable in connection with the \npayment, you must pay us an additional amount equal to the payment \nmultiplied by the appropriate rate of Tax. You must do so at the same \ntime as making the payment. \n \n7.4 \nIndependent payment obligations \nYour obligation to pay any amount under the Agreement is separate from each of \nyour other obligations to pay. \n \n7.5 \nRights of netting, set-off and lien \n(a) \nIf, on any day, either or you or Crypto.com have payment and delivery \nobligations in the same Virtual Asset in respect of two or more Executed \nOrders, then we may elect for such Virtual Asset to be delivered, on a \nnet basis so that such obligations will be automatically satisfied and \ndischarged. \n(b) \nIf, in respect of the same Virtual Asset, the aggregate amount that would \notherwise have been payable by one party exceeds the aggregate \namount that would otherwise have been payable by the other party, such \npayment and delivery obligations will be replaced by an obligation upon \nthe party by which the larger aggregate amount would have been \npayable, to pay to the other party the excess of the larger aggregate \namount over the smaller aggregate amount. \n\n28 \n \n(c) \nIn addition to our rights under clause 7.5(a), we may at any time and \nwithout notice to you set off any amount we owe you against any amount \nthat you owe us or, where more than one person constitutes our client, \nthat any one or more of those persons singly or jointly owe us (in either \ncase, whether or not the obligation is matured or contingent and \nirrespective of the currency, asset or place of payment). Any amounts \nthat are so set off will be discharged promptly and in all respects. \n \n(d) \nWe are entitled to exercise a lien over any or all of your property which \n(for any reason) is in or comes into our possession or control, except that \nthis lien does not cover any property where it may give rise to any \nobligation to disclose an interest on our part. We have the right to sell \nsuch property and apply the proceeds of sale, after deduction of \nreasonable Costs, to satisfy any amount you owe us. \n \n(e) \nFor the purposes of this clause 7.5, we may make any conversion at a \nrate that we reasonably consider appropriate. \n \n(f) \nOur rights under this clause 7.5 are in addition to any other right of set- \noff, offset, combination of accounts, lien, right of retention or withholding \nor similar right or requirement to which we are at any time otherwise \nentitled or subject whether under the Agreement or by operation of \nApplicable Law. \n \n7.6 \nPayment in other asset \nYou waive any right you may have in any jurisdiction to pay any amount other \nthan in the Eligible Virtual Asset in which it is due. If we receive an amount in a \nVirtual Asset other than that in which it is due: \n \n(a) \nwe may return the payment and require you to make the payment in the \nappropriate and due Eligible Virtual Asset. We may charge you for the \nCosts incurred in returning the payment to you; or \n \n(b) \nwe may convert the amount into the due Eligible Virtual Asset on the \ndate and at rates we reasonably consider appropriate. We may deduct \nCosts incurred in the conversion. In such circumstances, you must \nsatisfy your obligations to pay in the due Eligible Virtual Asset only to the \nextent of the amount of the due Eligible Virtual Asset or other asset \nobtained from the conversion after deducting the Costs of the \nconversion. \n \n7.7 \nVirtual Asset restrictions \n(a) \nYou must comply with any exchange controls and Applicable Law in \nconnection with the Agreement. \n \n(b) \nIf a jurisdiction restricts the availability or transfer of any Virtual Asset, or \nwe are otherwise unable to pay in a particular Virtual Asset, we need not \nmake any payment to you in that Virtual Asset. We may make the \npayment in any Virtual Asset we reasonably consider appropriate, using \na rate that we reasonably consider appropriate. \n \n7.8 \nConversion on judgment debt \nIf a judgment, order or proof of debt for or the recovery of an amount in \nconnection with the Agreement is expressed in a Virtual Asset other than that in \nwhich the amount is due under the Agreement, then you agree to indemnify us \non demand against: \n \n(a) \nany difference arising from converting the Virtual Asset, if the rate of \nexchange we would otherwise use under the Agreement when we \n\n29 \n \nreceive a payment in the Virtual Asset is less favourable to us than the \nrate of exchange used for the purpose of the judgment, order or \nacceptance of proof of debt; and \n \n(b) \nthe Costs of conversion. \n \n7.9 \nThird party payments \nWe are not obliged to make any payments and or deliveries to a third party, \nexcept as expressly contemplated by the Agreement or otherwise agreed by us \nin writing. Any third-party payments may also be subject to conditions. \n \n7.10 \nGeneral conditions precedent to payments by us \nEach of our obligations to make a payment or delivery, or to perform an \nobligation referred to in this clause 7.10, is subject to the conditions precedent \nthat: \n \n(a) \nwe are satisfied that you have fulfilled your corresponding obligations (if \nany) in accordance with all applicable terms; \n \n(b) \nno Event of Default has occurred and is continuing; and \n \n(c) \nsuch actions will not cause us to be in breach of any Applicable Law or \nour internal policies. \n \n7.11 \nReturn of Virtual Assets \n(a) \nWe may, at our discretion, upon the passage of an applicable time \nperiod determined by us or as otherwise required by Applicable Law or \nour internal policy, return any Virtual Assets recorded in your Account to \na designated external address that is compatible with the relevant Virtual \nAsset and that is under your control, as last notified to us in writing. \n \n(b) \nIf we receive Virtual Assets which are determined not to be Eligible \nVirtual Assets, upon our request, you must provide us with an external \naddress under your control. Subject to Applicable Law and our internal \npolicy, we will return the Virtual Assets received to such address. \n \n(c) \nTo the extent permissible under Applicable Law, we reserve the right to \ndeduct a fee, Costs or other administrative charge in respect of the \nreturn of any Virtual Assets. \n \n8 \nCalculations \n8.1 \nCalculation agent \n(a) \nWe are the calculation agent for each Executed Order. All calculations \nare carried out in our sole discretion, unless otherwise specified in the \nrelevant Confirmation. \n \n(b) \nThe calculation agent is, subject to the relevant Confirmation, \nresponsible for: \n \n(i) \ncalculating the fees and any rates, amounts, periods and dates \n(including changes to any of them) in accordance with the \nConfirmation; \n \n(ii) \ngiving notice of such fees, rates, amounts, periods and dates; \n\n30 \n \n(iii) \ndetermining the value of any Virtual Asset expressed in respect \nof another Virtual Asset or as expressed in respect of a Fiat \nCurrency; \n \n(iv) \neffecting or calculating any Virtual Asset conversion necessary \nor desirable for the purposes of any Executed Order; and \n \n(v) \ncalculating any netting or set-off in accordance with clause 9. \n \n(c) \nThe calculations and determinations of the calculation agent are final \nand binding on you in the absence of manifest error. They will be \napplied using such methodology as we determine in good faith and in \nour discretion. \n \n8.2 \nAdjustments \n(a) \nIf, in our opinion, any event or circumstance, including any Network \nEvent or Force Majeure Event, occurs that adversely affects our ability in \ndetermining the amount payable to or by you in respect of any Order and \nsuch circumstances continue for a period of not less than five Business \nDays, we may make such adjustments to the method used or to be used \nto determine the amount payable to or by you in respect of any Executed \nOrder in accordance with our customary practices or market practice of \nwhich we aware (if any). \n \n(b) \nAdjustments made in accordance with clause 8.2(a) are binding and \nconclusive against you. \n \n9 \nNetting and set-off \n9.1 \nNetting \nIn respect of two or more Executed Orders to which you are a party, a net \namount will be calculated by us as calculation agent in respect of all amounts \npayable on the same date in the same Virtual Asset in respect of such Executed \nOrders, regardless of whether such amounts are payable in respect of the same \nExecuted Order. \n \n9.2 \nSet-off \nAt any time, if there are amounts payable in any Virtual Asset by you to us or to \nany counterparty, as calculated by us as calculation agent, then your obligation \nunder the Agreement to make payment of any such amount of Virtual Asset will, \nin our sole discretion and after giving of seven Business Days’ notice, be \nsatisfied and discharged, in whole or in part, by way of set-off against any Virtual \nAsset in your Account. \n \n9.3 \nOur other rights \nOur right to net and/or set-off under this clause 9 is in addition to any other right \nof set-off, offset, combination of accounts, lien, right of retention or withholding or \nsimilar right or requirement to which us is at any time otherwise entitled or \nsubject whether under the Agreement or by operation of Applicable Law. \n\n31 \n \nPart 3 Exchange \n \n10 \nTrading on the Exchange \n10.1 \nDescription \nThe Exchange enables you to acquire or dispose of Virtual Assets through the \nExchange by using your Account, in accordance with the Agreement. \n \n10.2 \nAvailability of the Exchange \n(a) \nThe Exchange is available during Trading Hours on each day. \n \n(b) \nThe Exchange may not be available at certain times. In particular, there \nmay be some downtime (as advised through an Agreed Communication \nMethod) when use of the Exchange will be restricted or not possible. \n \n(c) \nWe may periodically shut down the Exchange or access to the Exchange \nvia the Website or App, and interrupt any automatic functions for the \nfollowing reasons: \n \n(i) \nplanned system and software maintenance; \n \n(ii) \nunscheduled emergency maintenance; \n \n(iii) \nseasonal holidays; and \n \n(iv) \nany other event that Crypto.com consider requires suspension of \nthe Exchange. \n \n10.3 \nSubmitting an Order \n(a) \nAn Order can only be submitted to the Exchange by you, using an \nAgreed Communication Method and the procedure provided through that \nAgreed Communication Method for that Order. \n \n(b) \nAn Order must be a: \n \n(i) \nLimit Order; \n \n(ii) \nMarket Order; or \n \n(iii) \nAdvanced Order. \n \n(c) \nAn Order must comply with any applicable minimum and maximum \nOrder values and any other requirements specified via the Agreed \nCommunication Method. \n \n(d) \nWhen submitting an Order, you must comply with any trading and \nposition limits imposed on you by us in accordance with these Exchange \nTerms and Conditions. \n \n(e) \nYou must have an available balance of the relevant Eligible Virtual \nAssets in your Account to submit an Order. This available balance must \nbe sufficient to cover: \n \n(i) \nthe total value of the Order; and \n \n(ii) \nany applicable fees. \n\n32 \n \n(f) \nWhen you place an Order, the quantity of the relevant Eligible Virtual \nAsset will be placed on hold in your Account until that Order is Executed \nor cancelled. \n \n10.4 \nOrders \n(a) \nOnce submitted to the Exchange in accordance with clause 10.3, an \nOrder: \n \n(i) \nwill be displayed on the Exchange; and \n \n(ii) \nremains open and binding on the person that submitted it until it \nis Executed or cancelled. \n \n(b) \nYou may cancel an Order that you have submitted at any time before the \nOrder is Executed. \n \n10.5 \nPrice deviation warning \nWe will endeavour to display a warning to you who attempts to submit an Order \nthat may completely or partially Execute at a price that is more than 5% away \nfrom the price specified in the most recently Executed Order for that Trading Pair. \nHowever, it is ultimately up to you to decide whether or not to submit the Order in \nany event. \n \n10.6 \nLimit Orders \n(a) \nA Limit Order is not guaranteed to Execute. \n \n(b) \nA Limit Order may only Execute at the price stated in the Limit Order or \nat a better price. \n \n(c) \nA Limit Order can be a Maker Order or a Taker Order. \n \n10.7 \nMarket Orders \n(a) \nA Market Order may Execute at a number of different prices, depending \non: \n \n(i) \nthe quantity of the Base Asset specified; and \n \n(ii) \nthe volume and prices of Orders on the Exchange, \n \nat the time that the Market Order is submitted and while the Market \nOrder remains open. \n \n(b) \nA Market Order is always a Taker Order. \n \n10.8 \nAdvanced Orders \n(a) \nWe may, in our sole discretion, specify through an Agreed \nCommunication Method: \n \n(i) \nadditional; and/or \n \n(ii) \ndifferent, \n \nrequirements, restrictions or conditions in respect of one or more \nAdvanced Orders or types of Advanced Order. \n \n(b) \nIf any requirement, restriction or condition for an Advanced Order (or a \ntype of Advanced Order) is inconsistent with any other provision of the \nAgreement, the former prevails to the extent of the inconsistency in \n\n33 \n \nrespect of that Advanced Order (or Advanced Order type) unless \notherwise specified in writing. \n \n10.9 \nOrder Matching Engine \n(a) \nTo Execute Orders, the Order Matching Engine will match a Taker Order \nwith a Maker Order. \n \n(b) \nOrders are matched based on the price and time that the Orders are \nplaced, and earlier Orders at the same price take priority over later \nOrders. \n \n(c) \nAn Order may be matched with and Executed by one or more Orders at \nthe same price. \n \n(d) \nA Taker Order will be: \n \n(i) \nmatched with the best price and earliest Maker Order with the \nsame price level for that Trading Pair on the Exchange; and \n \n(ii) \nif it is not Executed by that Maker Order or is only partially \nExecuted by that Maker Order, matched with any subsequent \nMaker Order in accordance with clause 10.9(b). \n \n(e) \nThe process stated in clause 10.9(d)(ii) is repeated until the Taker Order \nis completely Executed or cancelled. \n \n10.10 Self-Execution prevention \n(a) \nWhere two Orders of the same quantity would result in Self-Execution, \nwe will cancel both Orders. \n \n10.11 Trade Engine \n(a) \nExecuted Orders and applicable fees, Costs and Tax will be settled in \nfull, without set off, counterclaim or deduction or withholding, unless the \ndeduction or withholding is required by Applicable Law, by the Trade \nEngine. \n \n(b) \nExecuted Orders will be settled as soon as possible after Execution. \n \n(c) \nSettlement of Executed Orders by the Trade Engine is final and will not \nbe reversed unless: \n \n(i) \nwe are compelled to do so by any Applicable Law; \n \n(ii) \nwe are entitled to under the terms of the Agreement; or \n \n(iii) \nMis-execution has occurred. \n \n(d) \nWith respect to clause 10.11(c)(ii), we will take all reasonable steps to \nrestore the relevant you to the position that you would have been in had \nthe Mis-execution not occurred. \n \n10.12 Order minimums and maximums \n(a) \nThe minimum and maximum Order values for the Exchange will be \npublished by us on the App and/or Website, which may be adjusted from \ntime to time. \n\n34 \n \n \n11 \nOrders \n11.1 \nOrders must be pre-paid \n(a) \nBefore you place an Order, you must have a sufficient amount and \nappropriate type of Eligible Virtual Assets recorded in your Account to \nmeet your obligations in respect of the proposed Virtual Asset \ntransaction, inclusive of any applicable fees, Costs and Tax. \nNotwithstanding the amount displayed as being recorded to an Account, \nonly Eligible Virtual Assets will be taken into account when assessing \nwhether the sufficiency and appropriateness requirements under this \nclause 11.1(a) are satisfied. \n \n(b) \nIf any Virtual Assets in your Account are determined not to be Eligible \nVirtual Assets, you must substitute the assets in your Account with \nEligible Virtual Assets before you can submit an Order, or discharge your \nobligations in respect of an Executed Order. \n \n11.2 \nYour responsibilities \nWithout limiting any other provision of the Agreement: \n \n(a) \nthe submission of an Order and the performance of any Executed Order \nand any agreement arising under or in connection with that Executed \nOrder, is your sole responsibility; and \n \n(b) \nyou are responsible for complying with all notification requirements and \nother reporting obligations relating to Executed Orders under Applicable \nLaw. \n \n11.3 \nLimits and controls on Orders \n(a) \nWe may impose trading and position limits, and position management \ncontrols on you, including limits and controls to mitigate and manage our \nown liquidity, operational and other risks, at any time, without prior notice \nand without giving reasons. As a result, you understand and \nacknowledge that you may be prevented from submitting an Order or \nundertaking other steps at certain times if such actions would cause you \nto exceed an applicable limit, and that we may apply an applicable filter \nto reject an Instruction submitted by you. \n \n(b) \nWe may monitor your positions against the limits or controls imposed by \nus under clause 11.3(a). Any such limits imposed by us are solely for \nour protection and we will have no responsibility for monitoring or \nensuring your compliance with any limits imposed on your trading \nactivities by you or by Applicable Law. \n \n(c) \nYou agree to comply with any limits or controls imposed by us under \nclause 11.3(a) and not take any actions that will cause you to violate any \nlimits imposed by us on your activities. \n \n(d) \nTo ensure compliance with Applicable Law or any limits set by us under \nclause 11.3(a), we may decline to act on Instructions and/or execute an \nOrder. We may also suspend your use of the Trading Tools, require you \nto take certain steps, or take any other action that we consider \nappropriate in the circumstances. \n \n(e) \nYou indemnify us against any Loss as a result of your breach of any \nlimits or controls imposed by us under this clause 11.3(a) provided that \nsuch limits or controls are notified to you at the time that they are \nimposed. \n\n35 \n \n(f) \nDespite any provision in the Agreement to the contrary, we are not \nrequired to: \n \n(i) \nmake available to you any product or service, including the \nExchange, an Account and the Trading Tools; or \n \n(ii) \nfacilitate any Order, \n \n(g) \nif such actions may cause us to breach any Applicable Law, including \nany AML/CTF Requirement. \n \n \nPart 4 Other key provisions \n \n12 \nUse of the Exchange and the Account \n12.1 \n“As is” basis \n(a) \nYou acknowledge that the Exchange, your Account, the Website and the \nApp have not been developed for your individual needs. \n \n(b) \nYou acknowledge that you use the Exchange and your Account \n(including the Website and the App) on an “as is” basis at your own risk. \n \n(c) \nWe are not responsible for any consequence or Loss arising from your \nchoice to use the Exchange or your Account, including via the Website \nor the App. \n \n12.2 \nCompliance \nYou agree that before using the Exchange or your Account while you are outside \nyour country of residency, you will ensure that you would not be breaking any \nlaws, rules or regulations in that other country by doing so. \n \n12.3 \nMaintaining standards in operating the Account \n(a) \nWhen operating your Account, you must: \n \n(i) \nensure that your systems and any relevant device, including any \nEnabled Device, are maintained in good order and are suitable \nfor use with your Account; \n \n(ii) \nmaintain adequate security measures over your systems and \ndevices, including any Enabled Device, so as not to permit \nanyone other than you or your Authorised Persons from \noperating your Account; \n \n(iii) \nrun any such tests and provide any information to us as we may \nreasonably request to establish that your systems and devices \nsatisfy the requirements to operate your Account; \n \n(iv) \ncarry out virus, rootkit, keylogger and other malware checks of \nyour systems and devices on a regular basis (including any \nspecific virus or malware detection programs as required by us \nfrom time to time); \n \n(v) \ninform us immediately of any unauthorised access to your \nAccount or any unauthorised transaction or Instruction; and, if \nwithin your control, cause such unauthorised access to cease; \n\n36 \n \n(vi) \nnot at any time leave unattended any system, telephone, \ncomputer, terminal or device from which you are able to operate \nyour Account; \n \n(vii) \nnot send, distribute or upload, in any way, data or materials that \ncontain malfunctions, malware, viruses or other such deficiency \nor harmful components that may impair or damage the operation \nof Exchange, App, Account and/or Website; \n \n(viii) \nnot post, promote or transmit through the Website or App any \nunlawful, harassing, libellous, harmful, vulgar, obscene or \notherwise objectionable material of any kind or nature; \n \n(ix) \nif you become aware of any material defect, malfunction, \nmalware, virus or other such deficiency in your Account or that \nthere has been unauthorised access to your Account, notify us \nimmediately of such deficiency, and cease to use the Account \nuntil you have been notified that such deficiency has been \nrectified; and \n \n(x) \nobtain and install all applicable hardware, software, updates, \npatches that are necessary for your use of the Website or the \nApp. \n \n(b) \nIn addition to any other rights under the Agreement, we may suspend, \nterminate and/or replace an Account at any time and without notice to \nyou if we believe this is necessary or desirable to enable us to comply \nwith Applicable Law. \n \n12.4 \nPre-conditions for use of the Exchange \n(a) \nWe may determine whether, and the terms upon which the Exchange is \nmade available to you under the Agreement from time to time, at our \nsole discretion. \n \n(b) \nWithout limiting clause 12.4(a), we may refuse to make the Exchange \navailable to you if, in our opinion: \n \n(i) \nan Event of Default has occurred and is continuing; \n \n(ii) \nyou have provided any incorrect, incomplete or misleading \ninformation or made an incorrect or misleading representation or \nwarranty; \n \n(iii) \nyou have not provided all documents and information requested \nby us or satisfied any pre-condition imposed by us on the \nExchange; or \n \n(iv) \nyou have not provided sufficient evidence that meets our \neligibility criteria use the Exchange. \n \n(c) \nWithout limitation to any other term of the Agreement, we may also \nsuspend or refuse to make the Exchange available if, in our opinion, the \nExchange may: \n \n(i) \nnot comply with Applicable Law; \n \n(ii) \nbe being used to circumvent any Applicable Law; or \n \n(iii) \nresult in us being associated with a Proscribed Person or \nProscribed Address. \n\n37 \n \n12.5 \nWithdrawal or suspension of use of the Exchange \nWe reserve the right to withdraw or suspend your right to use the Exchange at \nany time without prior notice to or any consent from you and without assigning \nany reason for that action. \n \n13 \nExchange Materials \n13.1 \nLimitations on use \n(a) \nYou may not allow or permit any other person to use the Exchange \nMaterials or otherwise deal with them for the benefit of any other person \nor in any way that is not specifically contemplated by the Agreement \n(including by way of downloading, copying, reproducing, adapting, \npublishing, selling, or distributing them) without our express written \nconsent, which we may reject or grant at our own discretion, with or \nwithout conditions. \n \n(b) \nYou will keep all Exchange Materials strictly confidential, except to the \nextent that they are already in the public domain (other than through a \nbreach of the Agreement or any other obligation of confidence). \n \n(c) \nYou will respect and protect all rights, title and interest (including any \nintellectual property rights) in the Exchange Materials. \n \n(d) \nWithout limitation to clause 13.1(c), the Website and/or the App is \nproprietary to Crypto.com. By using the Website and/or the App, \nCrypto.com grants to you and any Authorised Person a personal, limited, \nnon-exclusive, non-transferable, non-sublicensable right to use the \nWebsite and/or the App. \n \n13.2 \nProtection of rights in the Exchange Materials \n(a) \nYou undertake that you, without limiting any other restrictions, will not, \nand will not attempt to: \n \n(i) \ntamper with, modify, adapt, translate, de-compile, reverse- \nengineer or otherwise alter in any way; \n \n(ii) \ncreate derivative works based on, or combine or merge with or \ninto any other software or documentation; \n \n(iii) \ngain unauthorised access to, make unauthorised use of or make \nuse of for any illegal purpose (or any other purpose that is not \ncontemplated in the Agreement); or \n \n(iv) \nremove, erase or tamper with any copyright or proprietary notice \nprinted or stamped on, affixed to, or encoded or recorded on, \n \nany Exchange Materials. \n \n(b) \nCrypto.com is not, at any time, obliged to provide any adaptations, \nenhancements and/or modifications to the Exchange Materials, including \nany updates, patches, bug-fixes and/or upgrades to the Website or App \nor any new versions and/or releases of the Website or the App which \nincorporate new features or functions. \n \n13.3 \nThird party actions \n(a) \nYou acknowledge that we and/or other third parties may take legal action \nagainst you if you breach clauses 13.1 and 13.2 at any time, or if we or \nsuch third parties suspect that you have done so. You may also be \n\n38 \n \nsubject to other fines and penalties in any relevant jurisdiction. You \nundertake to notify us immediately if you become aware of any breach \ndescribed in this clauses 13.1 and 13.2 or that any action described in \nclause 13.2 is being perpetrated or attempted by another person. \n \n(b) \nYou may also be required by us to notify the relevant third parties of any \nbreach by you of any of the Agreement. You also authorise us to do so \non your behalf. \n \n14 \nOngoing requirements \n14.1 \nMaintenance of eligibility \nYou must be able to demonstrate to our satisfaction that you are: \n \n(a) \na resident of an Available Jurisdiction; and \n \n(b) \nnot otherwise prohibited or restricted from accessing or using the \nExchange, \n \non an ongoing basis. \n \n14.2 \nCompliance \nYou must comply with: \n \n(a) \nthe Agreement; \n \n(b) \nApplicable Law, including: \n \n(i) \nAML/CTF Requirements; and \n \n(ii) \nFinancial Crime Regulations, \non an ongoing basis. \n14.3 \nSelf-reporting \nYou must: \n \n(a) \ncontact us immediately; and \n \n(b) \nnot access the Exchange, \n \nif you have reason to believe that you do not meet the requirements set out in \nclauses 14.1 or 14.2. \n \n15 \nPowers of Crypto.com \n15.1 \nPower to revise the Agreement \nSubject to clause 15.2, Crypto.com may revise the Agreement. \n \n15.2 \nNotice \nCrypto.com will provide 14 Business Days’ notice prior to revising any material \nterms of the Agreement: \n \n(a) \nsubject to clause 3.2(e) and any other applicable terms that may permit \nrevisions to take immediate effect, or a shorter notice period; and \n \n(b) \nunless otherwise specified in the relevant notice. \n\n39 \n \n15.3 \nPower regarding transfers and Exchange use \nWithout limitation to any other powers of Crypto.com described in the Agreement, \nwe may: \n \n(a) \nwithdraw or suspend your access use of the Exchange in accordance \nwith the terms of these Exchange Terms and Conditions; or \n \n(b) \nrestrict any transfers to or from your Account if: \n \n(i) \nwe have reason to believe that you have not complied with the \nAgreement; \n \n(ii) \nany Applicable Law or internal policy requires us to do so; or \n \n(iii) \nwe have reason to believe that the transaction is related to any \nunlawful activities. \n \n15.4 \nPower to cancel, reverse or modify Orders \n(a) \nSubject to clause 15.4(b), we may cancel, reverse or modify an Order \nsubmitted by you if we have reason to believe that: \n \n(i) \nthe Order contains errors on price, quantity, or other parameters; \n \n(ii) \nyou have not complied with the Agreement; \n \n(iii) \nany Applicable Law or internal policy requires Crypto.com to do \nso; or \n \n(iv) \nthe Order has been executed based on an aberrant value. \n \n(b) \nCrypto.com must not otherwise cancel or modify any Order merely for its \nown convenience or for the convenience of any other person. \n \n15.5 \nPower to protect market integrity in case of technical fault etc \n(a) \nIf: \n \n(i) \ntechnical issues or other circumstances prevent or degrade your \nability to: \n \n(A) \nsubmit or cancel Instructions; or \n \n(B) \nuse the Exchange; or \n \n(ii) \nCrypto.com considers that intervention is necessary to maintain \nfair, efficient and orderly trading on the Exchange, \n \nthen Crypto.com may take any measure that it deems necessary to \nprotect the integrity of the Exchange. \n \n(b) \nThe measures that Crypto.com may take in accordance with clause \n15.5(a)(i) include: \n \n(i) \ndisabling or restricting access to an Account; \n \n(ii) \nrestricting access via the Website and/or the App; \n \n(iii) \ndisallowing the submission of Orders; \n \n(iv) \nrestricting Order types or imposing conditions on Orders; \n\n40 \n \n(v) \nrestricting your use of the Exchange; \n \n(vi) \nmodifying the operation of the Order Matching Engine or the \nTrade Engine; or \n \n(vii) \nsuspending or limiting trading on the Exchange. \n \n15.6 \nNotification of exercise of power \n(a) \nCrypto.com must notify through the Website and/or the App if it \nexercises any of the powers set out in this clause 15, subject to \nApplicable Law, internal policies and confidentiality requirements. \n \n(b) \nNotwithstanding clause 15.6(a), where Crypto.com only exercises its \npowers in respect of one or more (but not all) persons, then it may notify \nthe relevant persons directly, subject to Applicable Law, internal policies \nand confidentiality requirements. \n \n16 \nRole of Crypto.com \n16.1 \nOur role as agent or principal \n(a) \nBy using the Exchange, you acknowledge that we may act as agent or \nprincipal in relation to any Order that you submit. \n \n(b) \nWhere we act as principal in relation to an Order, this will be stated in the \nrelevant quote and Confirmation in accordance with clauses 5 and 7. \n \n(c) \nWe do not make any representations and warranties with respect to any \nassets that are involved in such transaction. This applies even if we \nundertake certain checks and/or other compliance procedures with \nrespect to the Order. Such procedures are for our own benefit and you \nshould not rely on them. \n \n16.2 \nNo obligation to notify market price movements \n(a) \nUnless otherwise required by Applicable Law, we are not required to \nkeep you informed of any market price movements (or other risk \nmovements) in relation to a Virtual Asset, even if these may harm your \nposition in respect of that Virtual Asset. \n \n(b) \nClause 16.2(a) does not apply to the general provision of information \nprovided on the Exchange, or as is strictly necessary to deliver any \nservices under this Agreement. \n \n16.3 \nConflicts of interest \n(a) \nYou understand and agree that the nature of the trading activities as part \nof the Exchange may create conflicts of interest between your interests \nand those of other clients, counterparties or us. Some of these \ncircumstances are described in other Parts of these Exchange Terms \nand Conditions and in other disclosures that we may make from time to \ntime. \n \n(b) \nIf we act in circumstance where we have a conflict of interest, we will \ntake reasonable steps to ensure you are treated fairly. We may, in our \nabsolute discretion, without giving any reason or notice and without \nincurring any liability of any nature to you, decline to transact with you or \notherwise to act on your Instructions in such circumstances. \n\n41 \n \n16.4 \nServices and activities of Crypto.com \n(a) \nOur activities in connection with the Exchange are non-exclusive. \nSubject to Applicable Law, we may transact with, and provide services \nto, such other persons as we, in our absolute discretion, deem fit and will \nbe duly paid or compensated. \n \n(b) \nUnless required by Applicable Law, we are not liable or under any \nobligation: \n \n(i) \nto account to you any benefit received by us for dealing with, or \nproviding services to, others; or \n \n(ii) \ndisclose to you any fact or thing which may come to our notice in \nthe course of dealing with, or providing services to, others or in \nthe course of its business, \n \nin any other capacity or in any manner whatsoever. \n \n(c) \nWe and other Crypto.com Group Members may take proprietary \npositions or undertake proprietary activities, including hedging \ntransactions related to Orders submitted by you, which may affect the \nmarket price, rate or other market factors underlying an Order. \n \n16.5 \nUse of third parties \n(a) \nYou acknowledge and agree that we: \n \n(i) \nmay use third party service providers, such as exchanges, \nbrokers and custodians, at our discretion in order to provide the \nExchange from time to time; \n \n(ii) \nmay be unable to provide the Exchange if the services of \nappropriate third-party service providers are not available on \ncommercially reasonable terms; and \n \n(iii) \nare not liable for the acts, omissions or unavailability on \nreasonable commercial terms or any Losses sustained in \nconnection with the use, of such third-party service providers, \nprovided that we exercise reasonable care in their selection. \n \n(b) \nWe agree to undertake appropriate due diligence before the appointment \nof any third-party service providers, as well as ongoing due diligence at \nregular intervals, in respect of the ongoing engagement of appointed \nthird-party services providers. Such due diligence will be in accordance \nwith our internal policies and procedures. \n \n16.6 \nACCOUNT PROTECTION PROGRAM \n(a) \nIf we determine in our sole discretion that there has been an Unauthorised \nTransaction, we may provide relief to you (“APP Relief”) subject to (i) the \nremainder of this Clause 16.6 (ii) Annex III and (iii) your continued \nadherence to these Terms. \n(b) \nYou must satisfy all conditions imposed by Us under the Terms and as \nfurther clarified in the FAQs, as may be updated from time to time, in order \nto be eligible for consideration for APP Relief. \n(c) \nTo assess your eligibility for APP Relief, we may request for relevant \ninformation and documents from you or any other third party sources. By \nproviding such information, you understand and give your consent to us \nand/or our respective representatives or agents to collect, use, store, \ntransfer and/or disclose the information, to or with all such persons \n(including any Crypto.com Group Member or any third party service \nprovider) for the purpose of enabling CRO DAX Limited to assess your \neligibility for APP Relief. \n\n42 \n \n(d) \nWe will at our sole discretion determine whether you should obtain relief \nand the quantum of such relief (up to the maximum amounts specified \nunder Clause 16.6(f)). In accepting any APP relief, you also agree that (i) \nwe reserve the right to set off any outstanding funds that you may owe us \nand (ii) waive any claims or rights you may have against us for the full \nvalue of the Unauthorised Transaction. We also reserve the right to rescind \nfull or partial payments made pursuant to this APP, or to take any other \nactions against you if we subsequently determine that any information that \nyou have provided was untrue, or that your conduct involved bad faith, \ndishonesty, or fraud. \n(e) \nIf we make a determination in your favour, we maintain any and all rights \nunder these Terms which are consistent with that determination. \nNotwithstanding the rest of this Clause 16.6, you hereby agree that we \nshall not be deemed to have waived our rights under clauses 19, 20 and \nthat all such Terms remain in full force and effect. \n(f) \nIf we determine that you should obtain relief under the APP, we may \ncalculate your relief as follows, subject to the upper limit set out in this \nClause 16.6 (f)(ii): \n(i) \nIn the case of an Unauthorised Transaction, we will give you the \namount of the relevant Virtual Asset that is up to the amount that you \nlost. \n(ii) The maximum recovery limit of the Virtual Assets is USD 250,000 \ncalculated by reference to the USD price of those assets as of the date \nof the Unauthorised Transaction or the date that the APP Relief is \ndisbursed, whichever is lower. \n(g) \nYou hereby agree and acknowledge that we maintain the full right and \ndiscretion to amend the terms of as well as suspend or terminate the APP \nwithout prior notice to you, including but not limited to an event where APP \nRelief becomes subject to any prohibitions or restrictions arising from \nApplicable Law. \n(h) \nYou hereby acknowledge and agree that our determination under Clause \n16.6(d) is full and final, and shall not enliven any process of appeal or \nfurther contest. You furthermore undertake and represent that you waive all \nclaims whatsoever against us and/or our affiliates upon accepting any full \nor partial relief under the APP, regardless of whether any future recoveries \nare made due to our efforts to recover relevant Eligible Virtual Assets. \n \n \n17 \nPrevention of Market Misconduct \n17.1 \nProhibition on Market Misconduct \nYou must not engage in Market Misconduct. \n \n17.2 \nProhibited Orders \nYou must not submit an Order: \n \n(a) \nthat, if Executed, would constitute a Prohibited Transaction; \n \n(b) \nwith a view to concealing or facilitating Market Misconduct by yourself or \nany other person; or \n(c) \nthe primary purpose of which is to transfer Virtual Assets between \nAccounts without creating or reducing the open interest in a Trading Pair. \n \n17.3 \nReporting requirement \nYou must immediately contact Crypto.com if you know, or have reason to \nbelieve, that: \n \n(a) \nyou have engaged in Market Misconduct; \n \n\n43 \n \n(b) \nanother person (including Authorised Person) on the Exchange has \nengaged in Market Misconduct; \n \n(c) \nany other person has engaged in Market Misconduct in respect of the \nExchange or a Virtual Asset generally; or \n \n(d) \nMarket Misconduct is otherwise occurring on the Exchange. \n \n18 \nInformation, representations and warranties \n18.1 \nInformation \n(a) \nIf we ask, you must give us any information about, or documents in \nconnection with, the Agreement or your financial affairs. All information \nor documents must be in the form we require and will be deemed \ncertified by you to be true. \n \n(b) \nYou must obtain the consent of persons named in the Agreement or \nother relevant document, and of any Authorised Person, to our \ncollection, holding and use of their information. You agree that you will \nprovide a copy of any privacy-related policy, statement, circular, notice or \nother terms and conditions made available by us to you from time to time \nto such persons. A copy of our current privacy notice is available on the \nApp and Website. \n \n(c) \nYou consent to us periodically checking your credit status with any credit \nbureau, credit reference agency or similar service provider in any \nrelevant jurisdiction. \n \n(d) \nWithout limiting any other provision of the Agreement, you acknowledge \nand agree that the information and documents contemplated by this \nclause 18.1 may be transferred to and processed and/or stored by us, \nany Crypto.com Group Member and/or any other persons engaged by \nus. Such information and documents may be released or disclosed in \naccordance with the local laws or practice of the jurisdiction to which the \ndata is transferred. \n \n(e) \nWe agree to notify you of any material change to our name, principal \naddress, licensing status, or the Exchange from time to time. \n \n(f) \nWe will notify you in advance of any changes to our rules, procedures or \npolicies that, in our discretion, are applicable to you for using the \nExchange. \n \n(g) \nYou agree to immediately notify Crypto.com of any material misconduct, \nincluding misconduct of any Authorised Person, that may give rise to an \nEvent of Default, or otherwise directly or indirectly affect Crypto.com’s \nrights, this Agreement or the operation of the Exchange. \n \n18.2 \nRepresentations and warranties \nBy making an Application, you represent and warrant that: \n\n44 \n \n(a) \nif you are an individual, you are at least 18 years of age and resident in \nan Available Jurisdiction; \n \n(b) \nif you are a corporation or other legal person, you are duly incorporated \nand/or organised under the laws of an Available Jurisdiction; \n \n(c) \nthe information and documents you provided are true and accurate and \nup-to-date and shall remain true and accurate and up-to-date throughout \nthe term of the Agreement; \n \n(d) \nyou have appropriate knowledge and experience of blockchain \ntechnology, cryptography and smart contracts and the Virtual Assets \napplicable to each Order and related features and risks; \n \n(e) \nyou understand the nature and assume risks of the subject matter of the \nAgreement; \n \n(f) \nyou are capable of assuming, and do assume, all risks associated with \nthe Agreement and any Order, including those risks described in Annex I \nof these Exchange Terms and Conditions; \n \n(g) \nin respect of the Exchange and each Order, you: \n \n(i) \nhave received, read and understand all relevant documents that \nmake up the Agreement; \n \n(ii) \nhave adequate information in relation to your decision to use the \nExchange and submit the Order; and \n \n(iii) \nhave made your own independent decision to use the Exchange \nand submit the Order and that the Exchange and each Order are \nappropriate and proper for you based on your own judgment and \non advice from independent advisers you have considered \nnecessary; \n \n(h) \nyou enter into the Agreement and submit each Order as principal and \nare not acting as an agent for any other person, as trustee of any trust or \non behalf, or for the benefit, of any other person. Without limiting the \ngenerality of this sub-paragraph, no Authorised Person has any interest \nin your Account or any Order; \n \n(i) \nyou have full legal capacity, power and all necessary authorisations to \nown your assets and carry on any business it conducts, to enter into the \nAgreement and submit each Order and to comply with its obligations and \nexercise its rights under them; \n \n(j) \nyou have obtained all necessary authorisations and consents, and taken \nall necessary corporate actions (as applicable) to make all payments and \ndeliveries contemplated by the Agreement; \n \n(k) \nyour obligations under the Agreement are valid, binding and enforceable \nand it will not be in breach of any Applicable Law, authorisation, \ndocument or agreement by entering into or complying with obligations or \nexercising rights under the Agreement or any Order; \n \n(l) \nyou, any Authorised Person, any person who controls you and any \nperson for whom you act, as applicable, is not a Proscribed Person; \n \n(m) \nif you are a corporation or other legal person, the person that enters into \nthe Agreement on your behalf is, and any person representing you in \nrelation to any Order is and will be, duly authorised to do so; \n\n45 \n \n(n) \nall the information given, and representations made, by you (or on your \nbehalf) are correct, complete and not misleading; \n \n(o) \nsince the date of any information you have given us, there has been no \nchange in that information or your financial circumstances that may have \na material adverse effect on your ability to meet any of your obligations \nto us; \n \n(p) \nany device that you or any of your Authorised Persons uses, including \nyour Enabled Device, is not Jailbroken and otherwise meets the device \nrequirements as described in the Exchange FAQs; \n \n(q) \nyou have not withheld any information that might have caused us not to \nenter into the Agreement or not allow your Order to be submitted \n(including information about the assets you own and any Encumbrance \nover them); \n \n(r) \nneither you, nor any assets you own, have immunity from the jurisdiction \nof a court or from legal process in any place; \n \n(s) \nyou are not relying on any communication from us as advice (whether \nwritten or oral) from us, and we are not an advisor to you, in connection \nwith the Agreement or any Order; \n \n(t) \nyou understand the nature and assume risks of the subject matter of the \nAgreement and will seek independent advice where necessary. You \nalso have sources of information other than those provided by us and \nour representatives that you use in evaluating Virtual Assets; \n \n(u) \nat any time that you deliver, or procure the delivery of, Virtual Assets to \nus in connection with an Order or otherwise, you have the absolute right \nto sell, assign, convey, transfer and deliver such Virtual Asset, and are \ndeemed to confirm that it is fully paid and free of any Encumbrance; \n \n(v) \nno action, suit or proceeding at law or in equity before any court, tribunal, \nGovernment Agency or any arbitrator that is likely to affect the legality, \nvalidity or enforceability against you or the Agreement or your ability to \nperform your obligations under the Agreement is pending or, to your \nknowledge, threatened against you; \n \n(w) \nyou are responsible for your own Tax affairs, and you have not \ncommitted or been convicted of any Tax or other criminal offence; \n \n(x) \nno Event of Default has occurred, nor has any event occurred which \nmay, with the giving of notice or lapse of time or fulfilment of any \ncondition, become an Event of Default; and \n \n(y) \nyou understand that all transactions on the Exchange are between \nVirtual Assets, and do not involve Fiat Currencies. \n \n18.3 \nRepetition of representations and warranties \nYou repeat the representations and warranties set out in clause 18.2 every time \nyou: \n \n(a) \nsubmit an Order; \n \n(b) \ngive an Instruction; or \n \n(c) \notherwise operate your Account or use the Exchange. \n\n46 \n \n18.4 \nNotification \nYou must immediately notify us if: \n \n(a) \nan Event of Default occurs; or \n \n(b) \nyou have reason to believe that you cannot truthfully make or repeat the \nrepresentations and warranties set out in this clause 18. \n \n19 \nIndemnities \n19.1 \nYour indemnity \nYou indemnify us and each other Crypto.com Group Member and each of the \nforementioned’s respective directors, officers, employees and agents (each, an \n“indemnified party”) against, and must pay the indemnified party on demand \nfor, any Loss the indemnified party reasonably incur in connection with the \nAgreement, your breach of any of the terms of the Agreement, your use of the \nExchange and/or App, and any Order by you, including: \n \n(a) \nthe provision of the Exchange or entry into an Order in circumstances \nwhere we are not in breach of the Agreement; \n \n(b) \nan Event of Default occurs in relation to you; \n \n(c) \nsearches and enquiries made in connection with you (including checking \nfor Insolvency); \n \n(d) \nInstructions given to us by you or an Authorised Person, or a person \npurporting to be you or an Authorised Person provided that we act in \ngood faith when effecting the Instructions, save where we have actual \nknowledge of any fraud or forgery; \n \n(e) \nus acting on, delaying or refusing to act on Instructions from you or an \nAuthorised Person or taking action against you or an Authorised Person; \n \n(f) \nthe settlement or attempted settlement of any Executed Order or any \nfailure to settle any such Executed Order, in circumstances where we \nare not in breach of the Agreement; \n \n(g) \nany service provided by a third party nominated by you; \n \n(h) \nany Tax payable by the indemnified party on, or calculated by reference \nto, any Order or any amount paid or payable by or to you under the \nAgreement (excluding any Tax payable by the indemnified party by \nreference to its net income); \n \n(i) \nany action taken by a third party to gain control of any Virtual Asset \ncontemplated by the Agreement; \n \n(j) \nany person exercising, or not exercising, rights under the Agreement \n(including enforcement action and debt collection Costs, such as \nvaluation fees and auctioneer’s charges); or \n \n(k) \nthe costs of the indemnified party in defending itself successfully against \nany claims of fraud, negligence or wilful default, \n \nin each case except to the extent the Loss is a direct result of the indemnified \nparty’s own gross negligence, fraud or wilful misconduct. \n\n47 \n \n19.2 \nInterest \nYou agree to pay interest on any amounts in respect of which you are required to \nindemnify any person under clause 19.1 or otherwise under the Agreement from \nthe date of demand until the date of receipt by that person in full of such amounts \nand the interest (after as well as before judgment), at the rate of interest \ndescribed in clause 22.2. \n \n19.3 \nFurther steps \nIf we ask, you must: \n \n(a) \nappear and defend at your own cost any action which may be brought \nagainst us in connection with the Agreement; and \n \n(b) \nsign any document we reasonably require to give further effect to this \nclause 19. \n \n19.4 \nApplication of indemnity \nYou agree that the provisions of this clause 19: \n \n(a) \ncontinue in full force and effect in relation to Instructions received before \nwe give notice to you that we will not accept further Instructions; and \n \n(b) \nare unconditional, irrevocable and survive termination of all dealings \nbetween us and you and are not impaired by any act, omission, matter or \nthing that might discharge or impair the indemnity but for this clause. \n \n20 \nOur liability \n20.1 \nExclusion and limitation of liability \nUnless any Applicable Law prohibits us from excluding or limiting our liability or \nwhere the Loss is directly caused by our own gross negligence, fraud or wilful \nmisconduct, we are not liable for any Loss incurred in connection with the \nAgreement, including in connection with: \n \n(a) \nthe general risks of investing or entering into any Order or using the \nExchange, including those described in Annex I; \n \n(b) \nthe provision or unavailability of any Virtual Asset, Account, the \nExchange, the Website or the App; \n \n(c) \ninvesting or holding assets in a particular jurisdiction (including Losses \narising from nationalisation, expropriation or other governmental action, \nfinancial services regulations, currency or asset restrictions, devaluations \nor fluctuations, and market conditions affecting the orderly execution of \ntransactions or affecting the value of assets); \n \n(d) \nthe collection, deposit or credit of invalid, fraudulent or forged Virtual \nAssets transfers; \n \n(e) \neffecting delivery or payment against an expectation of receipt, save \nwhere such delivery or payment is contrary to local market practice; \n \n(f) \nan instruction to deliver Virtual Assets to an exchange, broker, custodian \nor other third party, even if we might have information tending to show \nthat this course of action, or the choice of a particular exchange, broker, \ncustodian or other third party for a transaction, is unwise; \n\n48 \n \n(g) \nany information that we provide on Virtual Assets, market trends or \notherwise, even if such information is provided at your request; \n \n(h) \nsubject to clause 16.5, any act or omission of any exchange, broker, \ncustodian or any other third party, whether or not appointed by us. We \nare not obliged to request such exchange, broker, custodian or any third \nparty to comply with its obligations; \n \n(i) \nthe exercise or attempted exercise of, failure to exercise, or delay in \nexercising, a right or remedy or a delay or error in making payments or \ndeliveries under the Agreement; \n \n(j) \nyou or an Authorised Person’s Instructions, any unauthorised \nInstructions or our refusal to act on any Instruction; \n \n(k) \nany Force Majeure Event; \n \n(l) \na Network Event not reasonably within our control; \n \n(m) \nan Event of Default; \n \n(n) \ntermination of any of the Agreement; or \n \n(o) \nany return or purported return of Virtual Assets in accordance with \nclause 23.9, \n \nand this disclaimer applies where the Loss arises for any reason and even if the \nLoss was reasonably foreseeable or we had been advised of the possibility of the \nLoss. \n \nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND \nWITHOUT PREJUDICING THE FOREGOING, IN NO EVENT SHALL \nCRYPTO.COM AND CRYPTO.COM GROUP MEMBER, THEIR RESPECTIVE \nSHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, \nATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR \nCONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, \nPUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES \nWHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS \nOF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR \nFINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE \nSERVICES PROVIDED HEREUNDER, ANY PERFORMANCE OR NON- \nPERFORMANCE OF THE SERVICES PROVIDED HEREUNDER, OR ANY \nOTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON \nBEHALF OF CRYPTO.COM OR CRYPTO.COM GROUP MEMBER, WHETHER \nUNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY \nEVEN IF CRYPTO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF \nSUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL \nDETERMINATION THAT SUCH DAMAGES WERE A RESULT OF \nCRYPTO.COM OR CRYPTO.COM GROUP MEMBER’S, GROSS \nNEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT. \n \nNOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE \nLIABILITY OF CRYPTO.COM OR CRYPTO.COM GROUP MEMBER, \nAFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, \nDIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, \nREPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR \nIN CONNECTION THE SERVICES PROVIDED HEREUNDER, ANY \nPERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY \nOTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON \nBEHALF OF CRYPTO.COM, CRYPTO.COM GROUP MEMBER, WHETHER \nUNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, \n\n49 \n \nEXCEED THE AMOUNT OF THE FEES PAID BY YOU TO CRYPTO.COM \nUNDER THE AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY \nPRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. \n \n20.2 \nResponsibility for decisions \n(a) \nAll decisions on whether to invest in, hold or dispose of any Virtual \nAssets or to enter into any Order are yours. We are not responsible for \nany decision made by you: \n \n(i) \nto enter into the Agreement or submit any Order, or to use any \nof the Exchange; or \n \n(ii) \nabout any features or risks of any Virtual Asset, or any fees or \nCosts payable in connection with it. \n \n(b) \nWhile some of our employees and agents may be authorised to give you \ncertain types of information about Virtual Assets or other products or \nservices neither our employees nor its agents have any authority to \nmake representations about anything in connection the Agreement. \n \n(c) \nSubject to any Applicable Law, we are not liable for any Loss if its \nemployees or agents act without authority. However, if you consider that \nany representation has been made to you that is not set out in the \nAgreement, you must give us details in writing so that we can clarify it. \n \n20.3 \nHyperlinked sites \n(a) \nWe are not responsible for, do not endorse, and make no representation \nor warranty in connection with, any hyperlinked internet sites through an \nAgreed Communication Method or other internet sites to which you may \nbe referred. We are not responsible for any Loss incurred in connection \nwith those sites. \n \n(b) \nSuch internet sites may contain information that has not been devised, \nverified or tested by us or our officers, employees or agents. We do not \nendorse the accuracy or completeness of such information, nor do we \nguarantee that such information, or the provision of any hyperlinks to \nyou, do not infringe third party rights. \n \n20.4 \nCircumstances beyond our control \nWe are not liable for any Loss incurred in connection with our inability or delay in \nreceiving or executing Instructions or unavailability of funds or any Virtual Asset \ndue to a Force Majeure Event or any circumstances beyond our reasonable \ncontrol. If a Force Majeure Event occurs or any circumstances beyond our \nreasonable control occur, we may take any action we consider appropriate in \nconnection with the Agreement. \n \n21 \nNetwork events \n21.1 \nInfrastructure Participant, Network Participant and Network Event \nIf: \n \n(a) \nany Infrastructure Participant or Network Participant gives a direction, or \nmakes a decision or election, that affects an Executed Order; or \n \n(b) \nany Infrastructure Participant or Network Participant becomes Insolvent \nor is suspended from operating; or \n \n(c) \na Network Event has occurred, \n\n50 \n \nthen we may take any action which we, in our sole discretion, consider \nappropriate to correspond with the direction, decision, election or event (including \na Network Event), or to mitigate any loss incurred or potential loss or impact \nwhich may be incurred as a result of such action or event. Any such action may \nresult in suspension of access to, or adjustment of the balance in, your Account. \nSubject to Applicable Law, any such action will be binding on you (including, \nwhere relevant, making any decision or election in relation to a Network Event). \n \n21.2 \nCooperation and enquiries \nWhere any Infrastructure Participant, Network Participant or any regulatory body \nmakes an enquiry which relates to the Exchange, your Account or an Order, you \nagree to co-operate with us and that any information relevant to the enquiry may \nbe passed to any Crypto.com Group Member, or any Infrastructure Participant, \nNetwork Participant or regulatory body, as may be appropriate. \n \n21.3 \nStaking \nUnless specifically announced through an Agreed Communication Method in \nrelation to a Virtual Asset and subject to the terms therein, we do not support the \nstaking of such Virtual Asset on your behalf and do not distribute any rewards \nassociated with such staking. However, we may stake such Virtual Assets and \nclaim rewards for our own benefit. \n \n21.4 \nNetwork event \nOn each occasion of a Network Event, we in our sole and absolute discretion \nmay determine: \n \n(a) \nin the event of a Fork, which branch of the Fork is recognised and \nsupported, if any, and where necessary to take any action or make any \nelection required to implement such recognition and support of that Fork; \n \n(b) \nin the event of an Airdrop, whether to credit any Virtual Assets received \nby us to the Account or participate in an Airdrop, and upon what terms to \ndo so, such decision regarding the Airdropped Virtual Assets remains \nwith us at all times. We will not be liable to you for failure to credit any \nVirtual Asset to you or participate in any Airdrop. If we do not support an \nAirdrop, we will not claim such Airdrop for our own benefit (unless it is \nunavoidable or impractical to avoid based on the means of distribution); \n \n(c) \nin the event of a Network Event which results in loss of ownership or \ncontrol of Virtual Assets, how such loss is apportioned; and \n \n(d) \nwhether to halt transactions in a specific Virtual Asset (or generally) or \nany other activities for any period of time, which period of time may also \nbe extended in our sole and absolute discretion. \n \nUpon becoming aware of a Network Event, we will notify you through an Agreed \nCommunication Method, as soon as practicable. We will also publish our \ndecision in handling the relevant Virtual Assets in the event of a Network Event at \nleast one Business Day before the occurrence of the Network Event, unless to do \nso is impossible or reasonably impracticable. \n \n22 \nFees and Costs \n22.1 \nPayment of fees and Costs \nYou must pay the fees, charges, commissions and Costs specified by us on the \n“Fees page” on the Website, through another Agreed Communication Method, or \nas otherwise notified by us in writing as applying to the Exchange from time to \ntime. \n\n51 \n \n22.2 \nOverdue payments \nFrom the time any amount under the Agreement is overdue for payment until it is \npaid, you agree to pay interest at our prevailing default interest rate on the \noverdue amount when we ask. This rate is revised by us periodically and is \navailable from us on request. \n \n22.3 \nCalculation \nAny interest payable under the Agreement accrues and is calculated in \naccordance with our usual practice. If default interest is charged under clause \n22.2, we may add to the outstanding amount any interest under this clause which \nhas not been paid. You are then liable for interest under this clause on the total \namount. \n \n22.4 \nNo refund \nUnless otherwise specified in the Agreement, you are not entitled to any refund \nof any Costs, fees or interest you have paid, or subsidy you have received, \nincluding where you cancel an Order, or all or any of the Agreement ends. \n \n22.5 \nCosts on cancellation \nIf all or any of the Agreement ends or you cancel an Order, we may require you \nto pay interest, fees and Costs incurred in connection with the Agreement or \nOrder. \n \n22.6 \nBenefits with Staking \nIf you stake Crypto.org Coin (as referenced in paragraph 3.2 of Annex I) in the \nExchange, you may enjoy the following benefits: \n \n(a) \ndiscount in fees and Costs, details of such discount is specified by us on \nthe Fees page on the Website and App; \n \n(b) \nreceive interest in Crypto.org Coin, details of which are specified on the \nFAQ page on the Website; and \n \n(c) \nany other benefits as may be notified by us in writing via any Agreed \nCommunication Method from time to time. \n \n23 \nTermination, suspension and enforcement \n23.1 \nTermination by either party \nEither you or we may terminate any part of the Agreement, or the Agreement as \na whole, by giving the other party at least seven days’ notice in writing. \n \n23.2 \nTermination by us \nIn addition to our rights in clause 23.1, we may terminate any (or all) of the \nAgreement immediately by notice to you, if: \n \n(a) \nyou provide incorrect, incomplete or misleading information or make a \nrepresentation or warranty that is incorrect or misleading; \n \n(b) \nyou breach any payment or delivery obligation or other term of the \nAgreement, any other agreement with us, or any term of any \narrangement you have with another financial institution, or another \nfinancial institution has suspended or terminated your use of any \nfinancial services; \n \n(c) \nyou become Insolvent or any of your assets are subject to Insolvency \nproceedings; \n\n52 \n \n(d) \nyou act fraudulently or dishonestly; \n \n(e) \nyou disaffirm, disclaim, repudiate or reject, in whole or in part, the \nAgreement, any Confirmation or any Executed Order (or such action is \ntaken by an Authorised Person on your behalf); \n \n(f) \nany Authorised Person or other person asserts any interest in, or right to \ncontrol, your Account by virtue of you having provided access to your \nAccount or otherwise; \n \n(g) \nperformance of any obligation by either you or we under the Agreement \nbreaches, or is likely to breach, any Applicable Law (including AML/CTF \nRequirements, Financial Crime Regulations or market abuse \nrequirements) or is otherwise contrary to any policy we apply as a result \nof an order or sanction issued by any Government Agency; \n \n(h) \nanything occurs which, in our opinion, is likely to have a material adverse \neffect on your ability or willingness to comply with your obligations under \nthe Agreement; \n \n(i) \nperformance of any obligation by either you or we under the Agreement \nbreaches, or is likely to breach, any Applicable Law or is otherwise \ncontrary to any policy we apply as a result of an order or sanction issued \nby any Government Agency; \n \n(j) \nwe are required by Applicable Law to do so; \n \n(k) \nany of your Virtual Assets are subject to enforcement of a judgment or \nare expropriated, compulsorily acquired or resumed on any basis; \n \n(l) \nyou are convicted of a Tax or other crime in any jurisdiction; \n \n(m) \nwe, in our discretion, consider that your Account is being operated or the \nExchange are otherwise being used in an irregular or improper manner; \n \n(n) \nyou fail to provide any information requested under the Agreement, or \nwhere required to do so in compliance with any Applicable Law or the \nrequirement of any contract; \n \n(o) \nany other event of default (however described) under any other \nagreement between you and any Crypto.com Group Member occurs; or \n \n(p) \nyour Account has been inactive for three years. \n \nOur rights under this clause 23.2 do not affect any other right under the \nAgreement and are subject to the giving of any notice, demand or lapse of time \nwhich is required by Applicable Law and cannot be excluded. \n \n23.3 \nAdditional rights to terminate \nOther terms of our Agreement that are applicable to a particular service may \nspecify additional circumstances in which you or we may end the Agreement. \nThese apply in addition to the rights set out in clause 23.1 and 23.2. \n \n23.4 \nThe Agreement \nAfter the Agreement ends, you must: \n \n(a) \nnot use the Exchange and/or operate any Account that is the subject of \nthe termination, or any benefits in connection with the Exchange; \n\n53 \n \n(b) \nimmediately make all payments and deliveries required in connection \nwith the Agreement, your Account, the Exchange and any relevant \nExecuted Orders; and \n \n(c) \ndo any other thing which the Agreement requires to be done when your \nright to use the Exchange and operate your Account ends. \n \n23.5 \nNo effect on rights and liabilities \n(a) \nSubject to clause 23.9, the termination of all (or any) of the Agreement \ndoes not affect any of the rights and obligations of either of us that arose \nbefore termination. You are not entitled to any refund of any fee or \namount paid or subsidy received in connection with the Agreement or \nany Executed Order. \n \n(b) \nAll provisions in the Agreement in connection with payments, clawbacks, \nindemnities, limitation of liability, disclosure of information, set-off, asset \nconversion, Tax, and the provisions in clauses 23.9 and 24 survive \ntermination of the Agreement. \n \n23.6 \nReview of entitlements \nAfter all (or any) of the Agreement ends, we may review and withdraw any \npromotional or preferential arrangement that applies to you. \n \n23.7 \nEnforcement action \nWe may take any action we consider appropriate to enforce the Agreement, \nincluding employing any third-party agent to collect any amount owing, taking \nsteps to enforce its rights against your assets, such as attaching any amount \nowing to those assets, and commencing legal proceedings. \n \n23.8 \nSuspension \nWe may suspend our engagement in any or all of the activities contemplated by \nthe Agreement at any time, including the Exchange generally, for any reason \n(even if no Event of Default has occurred and is continuing), with effect from such \ntime and for such duration as we may determine. If we do so, we will notify you \nas soon as practicable, to the extent permitted by Applicable Law. \n \n23.9 \nPayments and handling of Virtual Assets upon termination \n(a) \nUpon termination of this Agreement, we may return any Virtual Assets \nrecorded in your Account to a designated external address to you in \naccordance with clause 7.11. \n \n(b) \nIf we are unable to return any Virtual Assets to you pursuant to clause \n23.9(a), we will take reasonable steps, as determined in our sole \ndiscretion in the circumstances, to contact you and return the Virtual \nAssets in the form and manner we deem appropriate. \n \n(c) \nIf we are unable to contact you or return the Virtual Assets pursuant to \nclause 23.9(b), we may deal with the relevant amount of Virtual Assets \n(less applicable Costs) as we consider appropriate, as determined in our \nsole discretion. This includes transferring the Virtual Assets to a third \nparty. You will not have any further rights to such amounts. Without \nlimiting any of the foregoing, we are not obliged to hold any such Virtual \nAssets for you. \n\n54 \n \n \n24 \nGeneral terms \n24.1 \nHardware, Trading Tools and other materials \n(a) \nYou are solely responsible for installing and maintaining any applicable \nhardware and Trading Tools for using your Account and the Exchange. \n \n(b) \nYou are required to comply with all systemic requirements imposed in \nrelation to your Account and the Exchange, including installing and \nupdating any applicable security procedures. \n \n24.2 \nPrompt performance \nIf the Agreement specifies when you must perform an obligation, you must \nperform it by the time specified. You must perform all other obligations promptly. \nTime is of the essence in respect of your obligations to deliver or pay any Virtual \nAsset. \n \n24.3 \nWaiver and variation \n(a) \nA provision of the Agreement, or right created under it, may not be \nwaived except in writing signed by the party or parties to be bound and is \nonly effective for the purpose for which it is given. \n \n(b) \nYou acknowledge that various features of the activities contemplated by \nthe Agreement may be changed at any time, including applicable Costs, \nsubject to Applicable Law. \n \n24.4 \nExercise of rights \n(a) \nUnless expressly stated otherwise in the Agreement, we may exercise a \nright or remedy, give or refuse our consent or approval, and/or make any \nother determination or decision, in connection with the Agreement in any \nway we consider appropriate in our absolute discretion, including by \nimposing conditions. We need not provide reasons for any decision we \nmake. \n \n(b) \nExcept for a waiver or variation in accordance with clause 24.3, nothing \nwe do suspends, varies or prevents us from exercising our rights under \nthe Agreement. If we do not exercise a right or remedy fully or at a given \ntime, we can still exercise it later. \n \n(c) \nWe are not liable for any Loss caused by the exercise or attempted \nexercise of, failure to exercise, or delay in exercising, a right or remedy, \nwhether or not caused by our negligence. \n \n(d) \nOur rights and remedies under the Agreement: \n \n(i) \nare in addition to other rights and remedies given by Applicable \nLaw independently of the Agreement; \n \n(ii) \ndo not merge with and are not adversely affected by any other \nagreement and may be executed independently or together with \nany rights or remedies including under any other agreement; \nand \n \n(iii) \nare not affected by any payment, settlement or anything which \nmight otherwise affect them at law including the variation of the \nAgreement or the Insolvency of any person. \n\n55 \n \n24.5 \nApprovals and consents \nBy giving its approval or consent, we do not make or give any warranty or \nrepresentation as to any circumstance relating to the subject matter of the \nconsent or approval. \n \n24.6 \nComplying with a court order \nIf we are served with a court order, we act in accordance with the court order and \nyou must not commence proceedings against us in relation to our actions under \nthe court order. \n \n24.7 \nConsents \nWe may give, or withhold, any consent or approval in connection with the \nAgreement upon such terms as we consider appropriate. \n \n24.8 \nIndemnities \nThe indemnities in the Agreement are continuing obligations, independent of your \nother obligations under it. It is not necessary for us to incur expense or make \npayment before enforcing a right of indemnity in connection with the Agreement. \n \n24.9 \nThird party services \n(a) \nWithout limiting clauses 16.5 and 24.10, but subject to Applicable Law, \nwe may: \n \n(i) \nemploy independent contractors and agents (including \ncorrespondents) or utilise the services of any Crypto.com Group \nMember or other third party to make certain functions or \ninformation available to you and/or otherwise to effect the \nExchange, on terms we consider appropriate; and \n \n(ii) \nchange any service provider at any time without prior notice. \n \n(b) \nIn addition to the Agreement, your use of the Exchange may be subject \nto the terms and conditions imposed by relevant third parties from time to \ntime, as notified to you. \n \n24.10 Assignment and other dealings \n(a) \nYou may not assign, transfer or otherwise deal with your rights or \nobligations under the Agreement to anyone without our prior written \nconsent. \n \n(b) \nWe may assign, transfer or otherwise deal with our rights and obligations \nas we see fit and need not obtain your prior written consent, nor notify \nyou. To the extent that any consent is required under Applicable Law to \neffect a relevant dealing, you agree that this clause 24.10(b) is deemed \nto serve that purpose. \n \n24.11 Compliance with Law \nNothing in the Agreement requires us to do or not do anything if it would or might \nin our reasonable opinion constitute a breach of our policy or any Applicable Law \nor requirement of any Government Agency. \n \n24.12 Inconsistent laws and severability \nTo the extent permitted by Applicable Law: \n \n(a) \nyou waive all rights conferred by Applicable Law which are inconsistent \nwith the Agreement; and \n\n56 \n \n(b) \nthe Agreement otherwise prevails to the extent it is inconsistent with any \nApplicable Law. \n \n(c) \nHowever, if and to the extent that an Applicable Law is inconsistent with \nthe Agreement in a way that would otherwise have the effect of making a \nprovision of the Agreement illegal, void or unenforceable, or contravene \na requirement of Applicable Law or impose an obligation or liability which \nis prohibited by that law, then the Applicable Law overrides the \nAgreement to the extent of the inconsistency, and the Agreement is to be \nread as if that provision were varied to the extent necessary to comply \nwith that Applicable Law and avoid that effect (or, if necessary, omitted). \n \n24.13 Third party rights \nThe Agreement does not create or confer any rights or benefits enforceable by \nany person not a party to it except: \n \n(a) \na Crypto.com Group Member and any other an indemnified party (as \ndefined in clause 19.1) may enforce its rights or benefits in the \nAgreement, including any indemnity, limitation or exclusion of liability; \nand \n \n(b) \na person who is a permitted successor or assignee of our rights or \nbenefits of the Agreement may enforce those rights or benefits. \n \nNo consent from the persons referred to in this clause 24.13 is required for the \nparties to vary or rescind the Agreement (whether or not in a way that varies or \nextinguishes rights or benefits in favour of those third parties). \n \n24.14 Reports \nAny report we obtain is for our use only. Even if we provide a copy of the report \nto you, you cannot rely on it. You cannot sue us, the valuer or consultant if the \nreport is wrong. \n \n24.15 Construction \nNo rule of construction applies to the disadvantage of a party because that party \nwas responsible for the preparation of, or seeks to rely on, the Agreement or any \npart of it. \n \n24.16 Supervening legislation \nAny present or future legislation which operates to vary the obligations of a party \nin connection with the Agreement with the result that another party’s rights, \npowers or remedies are adversely affected (including, by way of delay or \npostponement) is excluded except to the extent that its exclusion is prohibited or \nrendered ineffective by Applicable Law. \n \n24.17 Confidentiality \nEach party agrees not to disclose information provided by any other party that is \nnot publicly available except: \n \n(a) \nto any person in connection with an exercise of rights or a dealing with \nrights or obligations under the Agreement; \n \n(b) \nto officers, employees, legal and other advisers and auditors of any \nparty; \n \n(c) \nto any party to the Agreement or any related companies of any party to \nthe Agreement, provided the recipient agrees to act consistently with this \nclause 24.17; \n\n57 \n \n(d) \nwith the consent of the party who provided the information (such consent \nnot to be unreasonably withheld); \n \n(e) \npublishing relevant Orders and other Instructions on a non-attributed \nbasis on the Exchange; \n \n(f) \nany disclosure the disclosing party reasonably believes is required by \nany Applicable Law or Government Agency; or \n \n(g) \notherwise in accordance with the Agreement. \n \nEach party consents to disclosures made in accordance with this clause 24.17. \n \n24.18 Anti-money laundering and sanctions \n(a) \nNotwithstanding any other provision of the Agreement to the contrary, we \nare not obliged to do or omit to do anything if it would, or might in its \nreasonable opinion, constitute a breach of any AML/CTF Requirements. \n \n(b) \nYou must provide to us upon request all information and documents that \nare within your possession, custody or control reasonably required by us \nfrom time to time, and as necessary in order for us to comply with any \napplicable AML/CTF Requirements. \n \n(c) \nYou agree that we may disclose any information concerning you to any \nGovernment Agency, law enforcement entity, regulatory agency or court \n(in any jurisdiction) where required by any Applicable Law. \n \n(d) \nYou agree to exercise your rights and perform your obligations under the \nAgreement in accordance with all applicable AML/CTF Requirements. \n \n(e) \nYou agree to provide evidence of due authority and specimen signatures \nfor each Authorised Person. \n \n(f) \nYou agree that we may take a sufficient time to consider, verify or block \nan Order, if you or any other person or entity in connection with the \nOrder becomes a sanctioned person or entity, or upon the occurrence of \na match on our sanction filters. \n \n24.19 Complaints \nIf you have any feedback, questions or complaints, please contact us via email at \[email protected]. Whilst we strive to respond to you as soon as possible, for \nmore complicated issues, it may take us up to 45 days to resolve and get back to \nyou. You accept and agree that we shall not be responsible for any loss and \ndamage incurred during such period. \n \n25 \nStatements and records \n25.1 \nTransaction records \nYou may access your transaction history and records in your Account. You are \nresponsible for checking Account statements for errors. \n \n25.2 \nReporting mistakes \nYou must report any mistaken or unauthorised Orders, Executed or otherwise, to \nus as soon as possible. Unless otherwise stated, if you do not report such \nOrders to us within three days of the date of the Order, we are entitled to treat \nthe Order as correct. \n\n58 \n \n25.3 \nReversals \nWe may cancel, reverse or debit any Virtual Asset transfer we make under the \nAgreement (including any interest paid) and make any corresponding \nadjustments to an Account: \n \n(a) \nto correct a mistake; \n \n(b) \nif we have not received cleared and unconditional Virtual Assets in full \nand promptly; or \n \n(c) \nif we have reasonable grounds for doing so. \n \n26 \nNotices and communications \n26.1 \nNotices and electronic delivery \n(a) \nYou authorise us to deliver all communications, agreements, documents, \nnotices, disclosures and Confirmations to you by an Agreed \nCommunication Method, or through any other electronic means as we \ndeem fit. \n \n(b) \nIt is your responsibility to ensure that the details of your Agreed \nCommunication Method are correct and the Agreed Communication \nMethod is operational and available for receipt of all communications and \nto notify us of any changes to the details of your Agreed Communication \nMethod as soon as practicable after the change is made. \n \n(c) \nIn some cases, our communications may only be posted on the Website \nor App. \n \n26.2 \nDelivery \n(a) \nCommunications take effect from the time they are received or taken to \nbe received under clause 26.2(b) (whichever happens first) unless a later \ntime is specified in the communication. \n \n(b) \nCommunications are taken to be received: \n \n(i) \nif sent by email: \n \nwhen we receive an automated message confirming delivery; or \n \n4 hours after the time sent (as recorded on the device from which we \nsent the email) unless we receive a delivery failure receipt; \n \n(ii) \nif delivered via other electronic means, 24 hours after we send it; \nand \n \n(iii) \nif posted on the Website or App, at the time of posting. \n \n(c) \nYour notices and communications are effective when we actually receive \nthem in legible form. If that occurs after 5:00pm in the place of receipt or \non a non-Business Day, the relevant notice or communication is taken to \nbe received at 9.00am in that place on the next Business Day and takes \neffect from that time unless a later time is specified. \n \n26.3 \nDigital signatures \nInstructions and communications digitally signed and supported by a digital \ncertificate have the same validity, admissibility and enforceability as if signed in \n\n59 \n \nwriting. Any notice or communication that is digitally signed must comply with \nany Applicable Law. \n \n26.4 \nElectronic contracts \nYou acknowledge and agree that you are satisfied that electronically executed \ncontracts are enforceable despite the legal risks associated with them. You \nagree not to dispute the contents of any notice or communication sent by us \nusing electronic equipment. \n \n26.5 \nClient constitutes more than one person \nIf an Account is established for more than one person in accordance with the \nAgreement, notices and communications (including notices of any variation to the \nAgreement and any statements (including any consolidated statements)) sent to \nthe email notified to us as the email for receipt of notices and other \ncommunications in connection with the Agreement are taken to be given to all \npersons. \n \n26.6 \nRecording of communications \nSubject to any Applicable Law, you agree that we may, without further disclosure \nto, or consent from, you: \n \n(a) \nrecord and monitor our correspondence with you or an Authorised \nPerson (and you confirm you are authorised to provide consent on behalf \nof the Authorised Person); \n \n(b) \nuse the recorded conversations, transcripts, messages or other records \nof correspondence for its internal compliance purposes, in any dispute in \nconnection with the Agreement and in any other manner not prohibited \nby Applicable Law; and \n \n(c) \ndisclose such conversations, transcripts, messages or other records of \ncorrespondence to any applicable regulatory authority, enforcement \nbody or agency, including tax authorities or as otherwise required by \nApplicable Law. \n \n26.7 \nRecords \n(a) \nAll records shown on or provided in connection with the Accounts or \nservices are for your information only. These records are not binding on \nus or any other person. \n \n(b) \nNotwithstanding anything to the contrary contained in the Agreement, in \nany record should there be any inconsistency between: \n \n(i) \nthe information (including any document but not any advice) \navailable on or via the Website or App, the internet or other \nelectronic medium; and \n \n(ii) \nthe information in our records, \n \nthe information in our records will prevail unless there is a manifest error. \n \n(c) \nWe may issue a further record if any previous one contained any errors \nor omissions, in which case that further record will supersede any \nprevious one in all respects (unless it states otherwise). \n \n26.8 \nGoverning law \n(a) \nUnless otherwise specified, the Agreement is governed by the law in \nforce in Hong Kong. \n \n(i) \nNotwithstanding, if you are a Canadian resident, the Agreement \nis governed by the laws of Canada.\n\n60 \n \n(b) \nTo the extent permitted by Applicable Law, the Agreement prevails to the \nextent that it is inconsistent with Applicable Law. Any present or future \nlaw which operates to vary the obligations of Crypto.com in connection \nwith the Agreement with the result that Crypto.com’s rights, powers or \nremedies are adversely affected (including by way of delay or \npostponement) is excluded except to the extent that its exclusion is \nprohibited or rendered ineffective by Applicable Law. \n \n26.9 \nSubmission to arbitration \n(a) \nUnless otherwise specified, any dispute, controversy, difference or claim \narising out of or relating to the Agreement, including the existence, \nvalidity, interpretation, performance, breach or termination thereof or any \ndispute regarding non-contractual obligations arising out of or relating to \nthe Agreement will be referred to and finally resolved by arbitration \nadministered by HKIAC under the HKIAC Administered Arbitration Rules \nin force when the Notice of Arbitration is submitted. \n \n(b) \nYou and we agree that: \n \n(i) \nthe law of this clause is Hong Kong law; \n \n(ii) \nthe seat of arbitration will be Hong Kong; \n \n(iii) \nunless you and we agree otherwise, the number of arbitrators \nwill be 1 and that arbitrator must have relevant legal and \ntechnological expertise; \n \n(iv) \nif you and we do not agree on the arbitrator to be appointed \nwithin 15 Business Days of the dispute proceeding to arbitration, \nthe arbitrator is to be appointed by HKIAC; and \n \n(v) \nthe arbitration proceedings will be conducted in English. \n \n(c) \nNotwithstanding any other provision of the Agreement, you agree that we \nhave the right to apply for injunctive remedies (or an equivalent type of \nurgent legal relief) in any jurisdiction. \n \n(d) \nNotwithstanding anything contained in this section, if you are a resident \nof Canada, any dispute, controversy or claim arising out of, in connection \nwith, or relating to this Agreement, including, but not limited to the \nformation, execution, validity, application, interpretation, performance, \nbreach, termination or enforcement, of this Agreement shall be submitted \nto final and binding arbitration. The arbitration shall be conducted under \nthe arbitration laws of the Province of British Columbia and pursuant to \nthe ADR Institute of Canada’s Arbitration Rules (the “Rules”) in force at \nthe time the Dispute is submitted to arbitration. Unless otherwise agreed \nin writing, there will be one (1) arbitrator, appointed in accordance with \nthe Rules. The place of the arbitration will be British Columbia. The \nlanguage of the arbitration will be English, except when prohibited by \nApplicable Law. The law of the arbitration will be the laws of the \nprovince or territory in Canada where you live or where most recently \nlived and the laws of Canada. All interim awards, partial final awards and \nfinal awards of the arbitrators will be final and binding upon the parties \nregarding all matters submitted to arbitration, with no rights of appeal, \neven on questions of law. Any party may have recognised and enforced \nany interim awards, partial final awards and awards rendered by the \narbitrators in any court having jurisdiction. \n \n26.10 Serving documents \nWithout preventing any other method of service, any document in an action may \nbe served on: \n \n(a) \nus by being delivered or left at the address details stated on the front \n\n61 \n \npage of these Exchange Terms and Conditions; and \n \n(b) \nyou by being delivered at the address last notified to us. \n\n62 \n \nAnnex I Risk disclosure statement \n \n \n \n \n \n \n1 \nTransaction and Exchange risks \n1.1 \nRisks of Virtual Asset trading \nThe prices of Virtual Assets fluctuate, sometimes dramatically. The price of a \nVirtual Asset may move up or down, and may become valueless. \n \nIt is as likely that losses will be incurred rather than profit made as a result of \nbuying and selling Virtual Assets. \n \n1.2 \nNature of Virtual Assets \nThe Virtual Assets are not legal tender. They may not be backed by physical \nassets, and are not backed or guaranteed by a government. They may not have \nintrinsic value. Some of the Virtual Assets may not circulate freely or widely, and \nmay not be listed on any secondary markets. \n \nVirtual Assets are generally a high-risk asset class. They may or may not be \nSecurities. You should exercise caution in relation to the trading of Virtual \nAssets, and Virtual Assets themselves. \n \nTransactions involving Virtual Assets are irrevocable. Lost or stolen Virtual \nAssets may be irretrievable. Once a transaction has been verified and recorded \non a blockchain, loss or stolen Virtual Assets generally will not be reversible. \nIMPORTANT \nTrading in Virtual Assets and using the Exchange involve risks, some of which \nare set out below. These risks, and additional risks arising either now or in the \nfuture, could result in the loss, failure or destruction of your assets, inability to \nreceive any benefits available to you, other losses and termination of the \nExchange. \nYou must consider carefully whether the risks set out below, as well as all other \napplicable risks, are acceptable to you prior to any Order. \nYou must seek professional advice regarding your particular situation before \ntrading in Virtual Assets or using the Exchange. You must also check the latest \nterms applicable as they may change from time to time. \nTHE RISK OF LOSS IN TRANSACTIONS INVOLVING VIRTUAL ASSETS CAN BE \nSUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER \nSUCH TRANSACTIONS ARE SUITABLE FOR YOU IN LIGHT OF YOUR \nINVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, YOUR TOLERANCE \nTO RISKS AND YOUR INVESTMENT EXPERIENCE. YOU SHOULD BE CAPABLE \nOF BEARING A FULL LOSS OF THE AMOUNTS INVESTED AS A RESULT OF OR \nIN CONNECTION WITH ANY ORDER AND ANY ADDITIONAL LOSS OVER AND \nABOVE THE INITIAL AMOUNTS INVESTED THAT MAY BECOME DUE AND \nOWING BY YOU. IN CONSIDERING WHETHER TO TRADE OR INVEST, YOU \nSHOULD INFORM YOURSELF AND BE AWARE OF THE RISKS GENERALLY, \nAND IN PARTICULAR SHOULD NOTE THE FOLLOWING SPECIFIC RISK \nFACTORS WHICH MAY APPLY TO ANY GIVEN ORDER. \n\n63 \n \n1.3 \nReliance on distributed ledger technology \nVirtual Assets rely on various types of distributed ledger technology. Some of \nthis technology is open source software that is built upon experimental \ntechnology, namely blockchain. Risks arising from this reliance include the \nexistence of technical flaws in the technology, targeting by malicious persons, \nmajority-mining, consensus-based or other mining attacks, changes in the \nconsensus protocol or algorithms, decreased community or miner support, rapid \nfluctuations in value of relevant Virtual Assets, the existence or development of \ncompeting networks, platforms and assets, flaws in the scripting language, \ndisputes between developers, miners and/or users and regulatory action. \n \n1.4 \nVirtual Assets may be complex products \nVirtual Assets may be complex products by virtue that the terms, features and/or \nrisk are not readily understood due to the complex structure, novelty and reliance \non technological features. \n \n1.5 \nVolatility of Virtual Assets \nThe value of the Virtual Assets may fluctuate significantly over a short period of \ntime. The volatile and unpredictable fluctuations in price may result in significant \nlosses over of short period of time. \n \nAny Virtual Asset may decrease in value or lose all of its value due to various \nfactors including discovery of wrongful conduct, market manipulation, change to \nthe nature or properties of the Virtual Asset, governmental or regulatory activity, \nlegislative changes, suspension or cessation of support for a Virtual Assets or \nother exchanges or service providers, public opinion, or other factors outside of \nour control. Technical advancements, as well as broader economic and political \nfactors, may cause the value of Virtual Assets to change significantly over a short \nperiod of time. \n \n1.6 \nMarket, liquidity and conversion risk \nWhere an Order is denominated in particular Virtual Assets other than your \nprimary reference asset, or where you convert Assets following the Execution of \nan Order, there is a risk that if the exchange markets move against you, then \nupon maturity or any earlier dealing the net proceeds may be significantly less \nthan the initial amount in your primary reference asset, and any income or gains \nmay be entirely negated. \n \nThe value of a particular Virtual Asset may decline, or be completely and \npermanent lost, should the market for that Virtual Asset disappear. There is no \nassurance that a market for a particular Virtual Asset will continue to do so in the \nfuture. This is because the value of an Asset may be derived, among other \nthings, from the continued willingness of market participants to exchange that \nVirtual Asset. \n \nThere is the possibility for you to experience losses due to the inability to sell or \nconvert assets into a preferred alternative asset immediately or in instances \nwhere conversion is possible but at a loss. Such liquidity risk in an asset may be \ncaused by the absence of buyers, limited buy/sell activity or underdeveloped \nsecondary markets. \n \nThere is no assurance that a person who accepts a Virtual Asset as payment, will \ncontinue to do in the future. \n \nYou may also suffer loss as a result of depreciation of the value of the Virtual \nAsset paid as a result of controls imposed by a Government Agency. \nRepayment or payment of amounts due to you may be delayed or prevented by \nexchange controls or other actions imposed by governmental or regulatory \nbodies over Virtual Asset that they control or regulate. \n\n64 \n \n1.7 \nNot a deposit \nWithout limiting clause 4.2(d), any Eligible Virtual Assets held by us are not held \nas “deposits”, nor are they intended to be held as any other regulated product or \nservice under Applicable Law. \n \n1.8 \nRisks associated with statutory protection schemes \nYou should be aware that in comparison to other assets, including Fiat \nCurrencies and trading: \n \n(a) \nany Order in respect of Virtual Assets may not subject to a right to claim \nunder any investor compensation fund established by any Government \nAgency; and \n \n(b) \nany Virtual Assets held in an Account may not be protected deposits, \nand may not be protected by any deposit protection scheme in any \njurisdiction. \n \nThis means that Virtual Assets may have a reduced level or type of protection \ncompared to Fiat Currencies, as well as other products and asset classes. \n \n1.9 \nCommissions and fees \n(a) \nBefore conducting any Order, you should obtain details of all \ncommissions, fees and Costs for which you will be liable. \n \n(b) \nIf any of the fees and Costs are not clear to you, you should request the \nfee and Costs that will be applicable in specific monetary terms before \nentering into an Order. \n \n1.10 \nRisks of assets subject to other overseas laws \nVirtual Assets received or held by us may be are subject to other applicable laws \nand regulations of the relevant overseas jurisdictions. \n \n1.11 \nRisks relating to Authorised Persons \nThere are substantial risks in allowing another person to trade or operate your \nAccount or any other account you have with us, and it is possible that \nInstructions could be given by persons who are note properly authorised. You \naccept all of the risks of such an operation and irrevocable release us from all \nliabilities arising out of or in connection with such Instructions. \n \n1.12 \nSuspension of the Exchange and Network Events \nIt may be difficult or impossible to liquidate a position in the Virtual Assets under \ncertain circumstances. Certain Network Events may occur rapidly and affect the \nability to conduct transactions on the Exchange. Information relating to these \nNetwork Events may be difficult to ascertain ahead of time and may be subject to \nlimited oversight by any third-party who is capable of intervening to stabilise the \nnetwork. \n \n2 \nCybersecurity and technology-related risks \n2.1 \nLoss of private key is permanent and irreversible \nYou alone are responsible for securing your private key in respect of any \naddress. \n \nLosing control of your private key will permanently and irreversibly deny you \naccess to your Virtual Assets. Neither we nor any other person will be able to \nretrieve or protect your Virtual Asset. Once lost, you will not be able to transfer \n\n65 \n \nyour Virtual Asset to any other address or wallet. You will not be able to realise \nany value or utility that the Virtual Asset may hold now or in future. \n \n2.2 \nTransactions irreversible \nThe nature of Virtual Asset transfers is that they are irreversible. This means \naccidental or fraudulent transactions in respect of Virtual Assets may not be \nrecoverable. \n \n2.3 \nForks and attacks \nVirtual Assets may be subject to Forks or attacks on the security, integrity or \noperation of the networks, including Network Events. Such events may affect the \nfeatures, functions, operation, use or other properties of any Virtual Asset, \nnetwork or platform. \n \nThe events may also severely impact the price or value of any Virtual Assets, or \neven result in the shutdown of the network or platform associated with the Virtual \nAsset. Such events may be beyond the control of Crypto.com, or to the extent \nCrypto.com has any ability to impact such event, Crypto.com’s decision or \nactions may not be in your interests. \n \n2.4 \nCyber-attacks and fraudulent activity \nThe technologic reliance of the Exchange on the Internet exposes you to an \nincreased risk of fraud or cyber-attack. Virtual Assets, an Account, a service, an \nAgreed Communication Method or a Trading Tool may be targeted by malicious \npersons who may attempt to steal Virtual Assets, or otherwise intervene in the \nOrder or any of the Exchange. \n \nThis includes (but is not limited to) interventions by way of: \n \n(a) \ndistributed denial of service; \n \n(b) \nsybil attacks; \n \n(c) \nphishing; \n \n(d) \nsocial engineering; \n \n(e) \nhacking; \n \n(f) \nsmurfing; \n \n(g) \nmalware; \n \n(h) \ndouble spending; \n \n(i) \nmajority-mining, consensus-based or other mining attacks; \n \n(j) \nmisinformation campaigns; \n \n(k) \nForks; and \n \n(l) \nspoofing. \n \nVirtual Assets, Accounts, Agreed Communication Methods, Trading Tools or the \nExchange may also be vulnerable to exploitation of vulnerabilities in smart \ncontracts and other code, as well as to human error. \n \nA limited amount of your Virtual Assets may be stored in hot wallets (ie online \nenvironments which provide an interface with the internet), which can be prone to \n\n66 \n \nhacking or cyber-attacks. Cyber-attacks resulting in the hacking of virtual asset \ntrading platforms and thefts of virtual assets are common. Victims may have \ndifficulty recovering losses from hackers or trading platforms. This could result in \nsignificant loss and/or other impacts that may materially affect your interests. \n \nThe above events may affect the features, functions, operation, use, access or \nother properties of the Virtual Assets, your Account, an Agreed Communication \nMethod or the Exchange. \n \n2.5 \nTargeting by malicious persons \nMalicious entities may target you in an attempt to steal any asset that you may \nhold, or to claim any asset that you may have purchased. This may involve \nunauthorised access to your Account, your private keys, your addresses, your \npasswords, your email or social media accounts, your log-in details or access \nmethod for the Account, as well as unauthorised access to your computer, \nsmartphone and any other devices that you may use. \n \nYou alone are responsible for protecting yourself against such actions. \n \n2.6 \nCryptographic advancements \nDevelopments in cryptographic technologies and techniques, including (but not \nlimited to) the advancement of artificial intelligence and/or quantum computing, \npose security risks to all cryptography-based systems including the Virtual \nAssets, the Account, Agreed Communication Methods or the Exchange. \n \nApplying these technologies and techniques to the Virtual Assets, an Account, \nAgreed Communication Method or the Exchange may result in theft, loss, \ndisappearance, destruction, devaluation or other compromises of the Virtual \nAssets, an Account, Agreed Communications Methods, the Exchange or your \ndata (as applicable). \n \n2.7 \nReliance on the internet and other technologies \nVirtual Assets and the Exchange rely heavily on the internet and other \ntechnologies (including the Agreed Communication Methods). However, the \npublic nature of the internet means that either parts of the internet or the entire \ninternet may be unreliable or unavailable at any given time. Further, interruption, \ndelay, corruption or loss of data, the loss of confidentiality in the transmission of \ndata, or the transmission of malware may occur when transmitting data via the \ninternet and/or other technologies. The result of the above may be that your \nOrder is not executed according to your instructions, at the desired time, or not at \nall. \n \nNo authentication, verification or computer security technology is completely \nsecure or safe. \n \nThe internet or other electronic media (including without limitation electronic \ndevices, services of third-party telecom service providers such as mobile phones \nor other handheld trading devices or interactive voice response systems) are an \ninherently unreliable form of communication, and such unreliability may be \nbeyond Crypto.com’s control. \n \nAny information (including any document) transmitted, or communication or \ntransactions made, over the internet or through other electronic media (including \nelectronic devices, services of third party telecommunication service providers \nsuch as mobile phones or other handheld trading devices or interactive voice \nresponse systems) may be subject to interruption, transmission blackout, \ndelayed transmission due to data volume, internet traffic, market volatility or \nincorrect data transmission (including incorrect price quotation) or stoppage of \nprice data feed due to the public nature of the internet or other electronic media. \n\n67 \n \n2.8 \nRisks relating to timing \nAn Order is binding upon completion of the steps described in these Exchange \nTerms and Conditions. Following this, the Order will not be reversed unless \notherwise provided in this Agreement. There is a risk that the final binding Order \ndoes not occur at the same time as Instructions are provided. \n \nYou may suffer loss due to the fact that an Order is not carried out at the desired \ntime. In particular, contingent orders, such as “stop-loss” or “stop-limit” orders, \nmay not limit your losses to the intended amounts, since market conditions may \nmake it impossible to execute such Orders. \n \n2.9 \nUnauthorised access \nUnauthorised third parties may access your Account and submit Orders without \nyour knowledge or authorisation, whether by obtaining control over another \ndevice or account used by you, or by other methods. \n \n2.10 \nExchange materials may not be up to date \nCrypto.com is not obliged to provide any adaptations, enhancements and/or \nmodifications to the Exchange Materials. This means, for example in relation to \nthe App, that you may have an out of date version of the App, and new features \nmay not be incorporated to the version of the App you use. It is your \nresponsibility to ensure you update and download applicable updates and \nversions. \n \n2.11 \nUse of Jailbroken devices \nThe use of the App on a Jailbroken device may compromise security and lead to \nfraudulent transaction as well as an Event of Default. You may suffer loss as \nwell as a termination of this Agreement. \n \n3 \nGeneral risk statements \n3.1 \nJurisdiction-related risks \nResidents, Tax residents or persons having a relevant connection with \njurisdictions other than Available Jurisdictions are prohibited from using the \nExchange and from submitting Orders. Changes in your place of domicile or \nApplicable Law may result in you violating any legal or regulatory requirements of \nyour applicable jurisdiction. \n \nYou are responsible for ensuring that any Order is, and remains lawful despite \nchanges to Applicable Law, your residence and circumstances. \n \n3.2 \nProduct-related risks \nCrypto.com Group Members may have issued certain Virtual Assets, whereas \nother Virtual Assets are issued by third parties. \n \nIn any event, you must read the applicable product terms, product information \nand risk disclosures carefully before entering into an Order. \n \nNo product term or product information has been subject to regulatory approval, \nunless expressly stated otherwise. You should exercise caution in respect of any \nsuch offer. \n \nFor any Virtual Asset products that have been authorised by a regulator, \nauthorisation does not imply any official recommendation or endorsement of the \nproduct by the regulator, nor does it guarantee the commercial merits of a \nproduct or its performance. \n\n68 \n \nYou should seek independent professional advice before making any investment \ndecision. \n \n3.3 \nTax treatment and accounting \nSome Virtual Assets and Orders may be subject to the tax laws and regulations \nin an applicable jurisdiction. The tax treatment and accounting of Virtual Assets \n(and any ancillary benefits) is a largely untested area of law and practice that is \nsubject to changes. Tax treatment of Virtual Assets may vary amongst \njurisdictions. We may receive queries, notices, requests or summons from tax \nauthorities and as a result may be required to furnish certain information about \nthe Order. \n \nAmong the accounting profession, there are no agreed standards and practices \nfor how an auditor can perform assurance procedures to obtain sufficient audit \nevidence for the existence and ownership of the Virtual Assets, and ascertain the \nreasonableness of the valuations. \n \nIf you are unsure about the tax implications of your Orders, you should seek \nindependent professional advice before carrying out an Order. \n \n3.4 \nInflation Risk \nVirtual Assets may, either because of the inherent design of the Virtual Asset or \nthrough Network Events, not be a fixed supply of assets. Where additional \nVirtual Assets are created, the asset’s price may decline due to inflationary \neffects of adding additional Virtual Assets to the total assets available. \n \n3.5 \nConcentration risk \nAt any point in time, one or more persons may directly or indirectly control \nsignificant portions of the total supply of any particular Virtual Asset. Acting \nindividually or in concert, these holders may have significant influence, and may \nbe able to influence or cause Network Events which may have a detrimental \neffect on price, value or functionality of the Virtual Assets. Network Participants \nmay make decisions that are not in your best interest as a holder of Virtual \nAssets. \n \n3.6 \nCountry risks \nIf a transaction is made in any Virtual Asset issued by a party subject to foreign \nlaws or transactions made on markets in other jurisdictions, including markets \nformally linked to a domestic market, recovery of the sums invested and any \nprofits or gains may be reduced, delayed or prevented by exchange controls, \ndebt moratorium or other actions imposed by the government or other official \nbodies. Before you submit an Order, you should satisfy yourself about any rules \nor laws relevant to that particular Order. \n \nYour local regulatory authority will be unable to compel the enforcement of the \nrules of regulatory authorities or markets in other jurisdictions where your \ntransactions have been effected. You should obtain independent advice about \nthe different types of redress available in both your home jurisdiction and other \nrelevant jurisdictions before you start to trade. If your country of residence \nimposes restrictions on Virtual Assets, we may be required to discontinue your \naccess to the Account, and may not be permitted to transfer Virtual Assets back \nto you or permit you to transfer Virtual Assets from the Account to yourself or \nothers, until such time as the regulatory environment permits us to do so. \n \n3.7 \nRegulatory uncertainty \nAll Virtual Asset are potentially exposed to legal and regulatory risks. The legal \nand regulatory treatment of some of the Virtual Assets may change. Regulation \nof Virtual Assets is unsettled and rapidly changing. Legal and regulatory \n\n69 \n \ntreatment varies according to the jurisdiction. The effect of regulatory and legal \nrisk is that any Virtual Asset may decrease in value or lose all of its value due to \nlegal or regulatory change. This may affect the value or potential profit of a \nVirtual Asset Order. \n \nWe may cancel or modify your Order, restrict or suspend your use of the \nExchange or your Account to comply with Applicable Law or for other reasons as \nspecified in the Agreement. \n \nWe recommend you obtain independent legal, tax and financial advice and that \nyou continue to monitor the legal and regulatory position in respect of the Virtual \nAssets and your Orders. \n \n3.8 \nConflicts of interest \nWe or other virtual asset trading platform operators may be acting as agents as \nwell as principals for you. We or other service providers may facilitate the initial \ndistribution of Virtual Assets (such as, initial coin offerings), facilitate secondary \nmarket trading, or both, as in a traditional exchange, alternative trading system or \nsecurities broker. If these operations are not under the purview of any regulator, \nit would be difficult to detect, monitor and manage conflicts of interest. \n \n3.9 \nAuthorised Persons \nProviding access to your Account to any other person involves risk. You must \ntake all necessary steps to assure yourself that any Authorised Person is \nappropriate. You must also adopt such controls as you see fit to monitor the \nactivities of such persons in relation to your Account to ensure they remain \nappropriate to act in that capacity. \n\n70 \n \nAnnex II Sub-Account Terms and Conditions \n \n \n \n \n \n \n \n \nTHIS IS AN IMPORTANT DOCUMENT. \nPLEASE READ IT CAREFULLY AND KEEP IT FOR FUTURE \nREFERENCE. \nThis document contains important information which applies to your dealing with \nus in relation to the use of Sub-Accounts on the Exchange, if applicable. You \nshould read this document carefully and keep it for future reference. \nThis document and other terms that apply to your activities may change from time to time. \nYou should check our website for the latest terms and additional information before you \nenter into any new transaction. \n\n71 \n \n \n \n \n1 \nIntroduction \n1.1 \nAbout this Addendum \n(a) \nThis Addendum sets out the terms and conditions that apply to Sub- \nAccounts and related services. \n \n(b) \nThe Exchange Terms and Conditions apply to this Addendum. \n \n(c) \nThe Sub-Account FAQs apply to this Addendum. The Sub-Account \nFAQs may be amended or varied by us from time to time through an \nAgreed Communication Method. The updated Sub-Account FAQs will \napply from when they are published. Please ensure you always check \nthe latest published version. \n \n(d) \nThe Addendum and the Sub-Account FAQs form part of the Agreement. \n \n1.2 \nAdditional definitions \nIn this Addendum, the following terms have the following meanings, unless the \ncontrary intention appears. Other terms have the meaning given to them in the \nExchange Terms and Conditions. \n \nAddendum means this “Addendum – Sub-Account Terms and Conditions”. \n \nApplicable Fees means any fees relating to Sub-Accounts, as set out in the \nSub-Account FAQs. \n \nExchange Terms and Conditions means the document described as such and \npublished by Crypto.com. \n \nMaster Account means your primary account accessible by you under the \nExchange Terms and Conditions. \n \nSub-Account means any additional and subsidiary account to the Master \nAccount approved by Crypto.com under this Addendum. \n \nSub-account FAQs means the applicable Sub-Account FAQs published on the \nWebsite or App by Crypto.com. \n \n2 \nPriority and references to Accounts \n2.1 \nPriority \nSubject to the application of any mandatory provisions of any Applicable Law, if \nthere is any inconsistency between: \n \n(a) \nthis Addendum and the Exchange Terms and Conditions and any \nspecific terms applicable to a particular service that forms part of the \nAgreement, or to a particular jurisdiction, these specific terms prevail; \n \n(b) \nthis Addendum and the Sub-Account FAQs, this Addendum prevails; or \n \n(c) \nthis Addendum and any other addenda governing specific products or \nservices provided by Crypto.com, this Addendum prevails. \n\n72 \n \n2.2 \nReferences to “Account” \nIf Crypto.com has agreed to make Sub-Accounts available to you under this \nAddendum, references to “Account” in the Exchange Terms and Conditions \nshould be construed to mean the Master Account and each Sub-Account, unless \nexpressly stated otherwise in this Addendum or in writing by Crypto.com. \n \n3 \nSub-Accounts \n3.1 \nApplication \n(a) \nCrypto.com may make Sub-Accounts available to you: \n \n(i) \nin accordance with the Agreement; and \n \n(ii) \nat our discretion, and only if: \n \n(A) \nwe have approved your Application and granted you a \nMaster Account; \n \n(B) \nyou have given us a separate application to create a \nSub-Account and any other document, information or \nconsent that we require; \n \n(C) \nwe have obtained any other information about you that \nwe consider necessary; and \n \n(D) \nan Event of Default has not occurred and is, in \nCrypto.com’s view, not likely to occur; and \n \n(iii) \nsubject to any further conditions relating to Sub-Accounts \nspecified in the Sub-Account FAQs. \n \n(b) \nDifferent eligibility criteria may apply between applicants. We may \nrefuse your Application for any reason. Unless required by Applicable \nLaw, we do not need to give reasons for refusing or accepting an \nApplication. \n \n(c) \nIf you are a resident of a particular Available Jurisdiction, or have a \nrelevant connection to a particular jurisdiction, additional terms and \nconditions may apply as notified by us at any time. \n \n(d) \nA reference to “terms and conditions” in forms, statements, brochures \nand other documents we provide is a reference to the relevant terms \ncontained in the Agreement. \n \n4 \nEstablishing and using Sub-Accounts \n4.1 \nEstablishing Sub-Accounts \n(a) \nIf we approve your application: \n \n(i) \nwe will open one or more Sub-Account(s) in your name; \n \n(ii) \nwe may grant to you a non-exclusive, non-transferable personal \nright to use your Sub-Account(s) to trade Virtual Assets, in \naddition to the Master Account; and \n \n(iii) \nyou may only use the Exchange, the Master Account, Sub- \nAccount(s), an Agreed Communication Method and Exchange \nMaterials for your own needs. \n\n73 \n \n(b) \nYou may only hold one Master Account. \n \n(c) \nThe number of Sub-Accounts you may hold is subject to Crypto.com’s \nsole discretion, and is described on the Sub-Account FAQs. \n \n(d) \nWe have the sole discretion as to the opening, operation and closure of \na Sub-Account or wallet(s) that forms part of your Sub-Account. Without \nlimiting the terms of the Agreement, we may, at any time, without liability: \n \n(i) \nvary, suspend or close a Sub-Account; \n \n(ii) \nspecify or vary the scope and extent of a Sub-Account and the \nExchange; \n \n(iii) \nprescribe the specific products, services and/or Virtual Assets \nsupported in respect of a Sub-Account; \n \n(iv) \nset or vary any limit regarding a Sub-Account; or \n \n(v) \nrestrict or impose conditions or limits on a Sub-Account. \n \n(e) \nAll Sub-Accounts are established and maintained by us for the sole \npurpose of providing the Exchange and recording relevant Virtual Asset \nmovements. In no circumstances should a Sub-Account be interpreted \nas a banking or custody service, or a stored value facility, of any kind. \n \n4.2 \nSub-Account operations \n(a) \nWithout limiting our other rights or obligations under the Agreement, and \nsubject to Applicable Law: \n \n(i) \nwe will record, in your Sub-Account, any amounts of Virtual \nAssets received by us from you in connection with the \nExchange; \n \n(ii) \nwe may deduct from your Sub-Account and pay, whether to us \nor otherwise: \n \n(A) \nany Applicable Fees and Costs; \n \n(B) \nany payments required in respect of an Executed Order; \n \n(iii) \ntransfer Virtual Assets in accordance with clause 4.3. \n \n(b) \nWe may make payments from your Sub-Account without any express \ninstructions from you, and you authorise us to make such payments in \naccordance with the Agreement. \n \n4.3 \nTransfers \n(a) \nYou may transfer Virtual Assets: \n \n(i) \nwithin any wallets that are associated with a specific Sub- \nAccount; and \n \n(ii) \nbetween different Sub-Accounts, and between a Sub-Account \nand the Master Account, through Spot Wallets associated with \nSub-Accounts and the Master Account, as applicable. \n \n(b) \nYou may only request us to transfer Virtual Assets recorded in your Spot \nWallet to an external digital address, through your Master Account in \naccordance with the Exchange Terms and Conditions. \n\n74 \n \n4.4 \nSub-Account access and additional restrictions \n(a) \nYou may access and view the Master Account and all applicable Sub- \nAccounts. \n \n(b) \nCrypto.com may impose restrictions on the visibility of, and access to, \nSub-Accounts, including those described in clause 4.5 and in respect of \nAuthorised Persons. \n \n4.5 \nAdditional terms for certain corporate users \n(a) \nIn addition to issuing a Master Account user name and password, we \nmay in our sole discretion, issue you with Sub-Account user name and \npassword, or other appropriate log-in details or access method for your \nSub-Account. \n \n(b) \nAn Authorised Person who has access and visibility to a Sub-Account \nwith separate user name and password described in clause 4.5(a) \ncannot view the Master Account or any other Sub-Account, unless \nspecifically authorised by you. \n \n(c) \nYou are responsible for ensuring that any Authorised Person keeps the \napplicable log-in details or access method confidential so that the \napplicable Sub-Account cannot be accessed or used by an \nunauthorised person. \n \n(d) \nYou, and any Authorised Person, must comply with any specifications \nthat we make in relation to the use of the Exchange and an Agreed \nCommunication Method. This includes with respect to any \nauthentication and other security procedures. \n \n4.6 \nSet-off: Sub-Accounts \nSub-Account do not affect any set-off or other rights that we have under the \nAgreement. In addition: \n \n(a) \nif a deficit or liability arises on one or more Sub-Accounts, Crypto.com \nreserves the right in its sole discretion, to take any action to offset that \ndeficit, in part of in full, against one or more Sub-Accounts or the Master \nAccount with a positive balance; and \n \n(b) \nyou acknowledge and agree that Crypto.com may not issue you a notice \nwhen it exercises its rights under this this clause 4.6. \n \n4.7 \nApplicable Fees \nYou agree to pay the Applicable Fees for the use of Sub-Accounts, in addition to \nany other amounts payable under the Agreement. \n \n5 \nRepresentations and warranties \nWithout limitation to the representations warranties in the Exchange Terms and \nConditions, you represent and warrant that: \n(a) \neach and every Sub-Account is opened and operated for you on your \nown behalf, and not for any third party as agent or otherwise; and \n \n(b) \nyou may not under any circumstances allow any other person, other than \nan Authorised Person, to use a Sub-Account. \n\n75 \n \n \n6 \nClosing a Sub-Account \n6.1 \nMaintenance of a Master Account \nYou must maintain the Master Account at all material times under the \nAgreement. If you terminate Master Account for any reasons, the Agreement, \nthis Addendum and all Sub-Accounts will be terminated and closed without prior \nnotice. \n6.2 \nClosure by either party \nEither you or we may terminate a Sub-Account, by giving the other party at least \nseven days’ notice. \n \n6.3 \nClosure by Crypto.com \nWithout prejudice to the generality of Exchange Terms and Conditions, \nCrypto.com may close all or any of the Sub-Accounts immediately without notice \nto the Customer if: \n \n(a) \nthere is any change of Applicable Law which prohibits or renders illegal \nthe maintenance or operation of such Sub-Accounts; or \n \n(b) \nCrypto.com’s records show a zero balance on any of such Sub-Accounts \nfor a period of three continuous years or for such shorter period as \nCrypto.com may reasonably prescribe in writing. \n \n6.4 \nConsequences of closure \n(a) \nIf Crypto.com closes a Sub-Account pursuant to this clause 6, it may \nclose out any and all positions and Orders Crypto.com considers, as is \nrequired to close the Sub-Account. \n \n(b) \nUpon termination, any remaining balances within the Sub-Account will be \ntransferred to the Spot Wallet associated with the Master Account. \n \n(c) \nYou agree that you will not hold Crypto.com liable for any Loss arising \nfrom action taken under clause 6.4(a). \n \n7 \nIndemnity \nIn addition to our general rights of indemnity under the Agreement, you agree to \nindemnify us and each other Crypto.com Group Member, and indemnified party \n(as defined in the Exchange Terms and Conditions) against, and must pay the \nindemnified party on demand for, any Loss the indemnified party may sustain or \nincur in relation to, in connect with or arising from, any Sub-Account, including \nwithout limitation: \n \n(a) \nany claim that you are not are not the principal or sole owner of the \nMaster Account and Sub-Account; or \n \n(b) \nyou were not responsible for the actions carried in respect of any Sub- \nAccount. \n \n8 \nMiscellaneous \n8.1 \nStatements \nCrypto.com may, in its sole discretion, make available to you statements on a \nconsolidated basis or on a per Sub-Account basis. \n\n76 \n \n8.2 \nCalculation of benefits, fees and rebates \nTreatment and calculation of specific benefits, interest, and rebates payable at a \nSub-Account level are as described on the Sub-Account FAQs, and otherwise \ntreated in accordance with the Agreement. \n \n9 \nRisk disclosure statement \nIn addition to any other risks disclosed by us that are relevant to your use of the \nExchange and the Services, there are specific risks associated with the operation \nof Sub-Accounts. \n \nWithout limitation, when operating multiple Sub-Accounts, you are responsible \nand liable for any and all trades or transactions entered into with respect to such \nSub-Accounts, irrespective of whether such Orders are placed directly by you. It \nis your sole responsibility to ensure that any and all trades are Executed \ncorrectly. \n\n77 \n \nAnnex III USD Deposits and USDC Withdrawals \n \n \nThe following terms and conditions only apply to you if this functionality has been made available to you \nby Crypto.com. \n \n \n1 \nDeposit USD to Spot Wallet \n \n \n(a) \nYou may deposit USD to your Spot Wallet by instructing a bank transfer \n(cash and/or third party deposits are not accepted) (\"USD Deposit\") \nfrom an active bank account located in the jurisdiction where you are \nregistered as a user of the Exchange (“Verified Bank Account”), by \nfollowing the instructions and providing the relevant information set out in \nthe Exchange, or by referring to the FAQ page on the Website \naccessible at the following link: \nhttps://help.crypto.com/en/articles/5271006-exchange-usd-bank-transfer. \n \n(b) \nOur USD Deposit service is provided by our licensed third-party payment \npartner (“Payment Service Partner”). By sending us a USD Deposit \ninstruction through the Exchange, you agree and authorise our Payment \nService Partner to handle and process your USD Deposit instructions. \n \n(c) \nYou shall only make a USD Deposit if you are the registered beneficial \nowner of both the bank account you instruct the transfer from and your \nExchange account. If you are the registered beneficial owner of both the \nbank account you use with us and your Account, but if the registered \naccount names are inconsistent or we are unable to verify your bank \naccount for whatever reason, we may require you to provide additional \nproof prior to the completion of the USD Deposit and such process will \ncause delay to the USD Deposit. \n \n(d) \nWe do not charge any fees for USD Deposits, however, USD Deposits \nare subject to prescribed limits as referenced in the “Fees & Limits” \nsection on the Exchange and/or the Website. Any fees chargeable by \nyour bank and/or their intermediary banks relating to the USD Deposit, \nincluding but not limited to any administration or currency conversion \nfees, intermediary banks’ processing fees and your bank’s processing \nfees (\"USD Deposit Fees\") shall be borne by you entirely. \n \n(e) \nUpon confirmation by our Payment Services Partners that your USD \nDeposit instruction has been effected and upon receipt and successful \nidentification of the respective deposit, we will credit the corresponding \nvalue of the funds in USDC at a 1:1 ratio less any USD Deposit Fees to \nyour Spot Wallet. You should allow between 3 to 6 business days for the \nfunds to reach your Spot Wallet. \n \n(f) \nAll USD Deposits are not reversible or refundable, unless we determine, \nat our absolute discretion that it is in our interest to do so. In addition, we \nmay, at our absolute discretion, reverse, cancel, void or refuse to \nprocess any USD Deposit instructions. \n \n(g) \nWithout prejudicing our rights to claim further damages from you, you \nshall immediately indemnify us for any loss and damage and expenses \narising from any mistaken, erroneous or fraudulent USD Deposit \ninstructions (which may include but are not limited to, transactions made \nfrom unrecognised bank accounts or with missing or incorrect unique \ncodes, or transfers exceeding our prescribed limits) given by you or sent \nfrom your account (collectively \"Erroneous USD Deposit \n\n78 \n \nInstruction(s)\"). The erroneous or fraudulent nature of your instruction \nshall be determined by us based on reasonable evidence. You further \nagree that if any fund is required to be returned to its origin due to any \nErroneous USD Deposit Instructions: (i) you will be subject to an \nadministration fee of USD 10 per return; (ii) any other fees incurred from \nsuch return shall be borne by you entirely; and (iii) funds will only be \nremitted to the bank account from which such funds were originally \nreceived. \n \n2 \nWithdraw USDC from Spot Wallet \n \n \n(a) \nYou may withdraw USDC by instructing a bank transfer (\"USDC \nWithdrawal\") from your Spot Wallet to your Verified Bank Account, \nmeaning the same bank account from which you have previously made a \nsuccessful deposit of USD under Clause 1(a) above, by following the \navailable instructions and providing the relevant information as \nrequested in the Exchange, or by referring to the FAQ page on the \nWebsite accessible at the following link: \nhttps://help.crypto.com/en/articles/5271006-exchange-usd-bank-transfer. \n \n(b) \nOur USDC Withdrawal service is provided by the Payment Service \nPartner. By sending us a USDC Withdrawal instruction through the \nExchange, you agree and authorise our Payment Service Partner to \nhandle and process your USDC Withdrawal instructions and transfer \nyour withdrawal funds to your Verified Bank Account. \n \n(c) \nWe do not charge any fees for USDC Withdrawals, however, USDC \nWithdrawals are subject to prescribed limits as referenced in the “Fees & \nLimits” section on the Exchange and/or the Website. Any fees \nchargeable by the your bank and any intermediary banks relating to the \nUSDC Withdrawal, including but not limited to any administration or \ncurrency conversion fees, intermediary banks’ processing fees and your \nbank’s processing fees (“USDC Withdrawal Fees”) shall be borne by \nyou entirely. \n \n(d) \nUpon confirmation by the Payment Services Partner that your USDC \nWithdrawal instruction has been accepted and your withdrawal has been \nexecuted, we will credit the corresponding value of the funds in USD at a \n1:1 ratio less any USDC Withdrawal Fees to your Verified Bank Account. \nYou should allow between 3 to 6 business days for the funds to reach \nyour Verified Bank Account. \n \n(e) \nAll USDC Withdrawals are not reversible or refundable, unless we \ndetermine, at our absolute discretion that it is in our interest to do so. In \naddition, we may, at our absolute discretion, reverse, cancel, void or \nrefuse to process any USDC Withdrawals. \n \n(f) \nWithout prejudicing our rights to claim further damages from you, you \nshall immediately indemnify us for any loss and damage and expenses \narising from any mistaken, erroneous or fraudulent USDC Withdrawal \ninstructions (which may include but are not limited to, transactions \npertinent to unauthorised or fraudulent transfers previously effected \nwithin the Exchange, or transfers made to a closed or blocked bank \naccount) given by you or sent from your account (collectively \n\"Erroneous USDC Withdrawal Instruction(s)\"). The erroneous or \nfraudulent nature of your instruction shall be determined by us based on \nreasonable evidence. You further agree that if any USDC Withdrawal is \nrequired to be reversed due to any Erroneous USDC Withdrawal \nInstructions: (i) you will be subject to an administration fee of USD 50 per \n\n79 \n \nreversal; and (ii) any other fees incurred from such reversal shall be \nborne by you entirely. \n \n \n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"eToro","url":"https://www.etoro.com/customer-service/terms-conditions/","lang":"ENG","sector":"Finance","hq":"Israel","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"January 2022"},"document":{"title":"","text":" \n1 \n \nETORO – EUROPE \nClient Terms and Conditions \n \nJanuary 2022 \n \nThank you for opening an eToro account. These Terms and Conditions were last updated and published on 12 \nJanuary 2022 and set out the different services which we may provide to you. We recommend that you print a \ncopy for your records. \n1. \nABOUT US ............................................................................................................................. 3 \n2. \nOUR SERVICES ....................................................................................................................... 3 \n3. \nREGULATORY STATUS OF OUR SERVICES .................................................................................. 4 \n4. \nLIMITATIONS TO OUR SERVICES .............................................................................................. 5 \n5. \nTHE KEY RISKS OF USING OUR SERVICES ................................................................................. 5 \n6. \nBEST EXECUTION ................................................................................................................... 6 \n7. \nCONFLICTS OF INTERESTS ...................................................................................................... 7 \n8. \nHOW YOUR MONEY IS PROTECTED ........................................................................................... 7 \n9. \nHOW YOU CAN MAKE A COMPLAINT .......................................................................................... 7 \n10. \nCOMMUNICATING WITH YOU ................................................................................................... 8 \n11. \nCLIENT CLASSIFICATION ......................................................................................................... 9 \n12. \nHOW TO OPEN, AND MAINTAIN YOUR ETORO ACCOUNT .............................................................. 9 \n13. \nKEEPING YOUR ETORO ACCOUNT SAFE .................................................................................... 10 \n14. \nHOW TO PAY MONEY INTO, AND TAKE MONEY OUT OF, YOUR ETORO ACCOUNT ........................... 10 \n15. \nHOW WE TREAT YOUR MONEY ................................................................................................. 11 \n16. \nWHEN YOUR MONEY STOPS BEING CLIENT MONEY .................................................................... 12 \n17. \nENTERING INTO TRANSACTIONS – QUOTES ............................................................................. 13 \n18. \nENTERING INTO TRANSACTIONS – PLACING AN ORDER ............................................................. 13 \n19. \nENTERING INTO TRANSACTIONS – MODIFYING YOUR ORDER, CANCELLING YOUR ORDER, OR US NOT \nACCEPTING YOUR ORDER ....................................................................................................... 14 \n20. \nTRANSACTIONS RECORDS ...................................................................................................... 15 \n21. \nFEES AND COSTS .................................................................................................................. 17 \n22. \nRECORDING YOUR COMMUNICATION WITH US ......................................................................... 17 \n23. \nRULES OF TRADING ............................................................................................................... 18 \n24. \nTHE ETORO COMMUNITY AND INFORMATION ON THE ETORO PLATFORM ..................................... 18 \n25. \nRESPONSIBILITY FOR LOSS .................................................................................................... 20 \n26. \nCLOSING OR BLOCKING ACCESS TO YOUR ETORO ACCOUNT AND/OR SERVICES .......................... 20 \n27. \nRIGHT OF SET-OFF, LIENS, AND EQUITABLE CHARGES .............................................................. 21 \n28. \nEVENT OF DEFAULT ............................................................................................................... 21 \n29. \nEXCEPTIONAL EVENTS ........................................................................................................... 22 \n30. \nACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES .................................................. 23 \n31. \nBEREAVEMENT ...................................................................................................................... 25 \n32. \nASSIGNMENT AND NOVATION ................................................................................................. 25 \n33. \nCHANGING THE TERMS AND CONDITIONS AND/OR OUR SERVICES ............................................. 25 \n34. \nSEVERABILITY ....................................................................................................................... 25 \n35. \nINTELLECTUAL PROPERTY ....................................................................................................... 26 \n36. \nPERSONAL DATA AND PRIVACY ............................................................................................... 27 \n37. \nMARKETING AND PROMOTIONS............................................................................................... 27 \n38. \nREGULATORY REPORTING AND DISCLOSURES .......................................................................... 27 \n39. \nTAXATION ............................................................................................................................ 28 \n40. \nRIGHTS OF THIRD PARTIES .................................................................................................... 28 \n41. \nAPPLICABLE LAW AND REGULATION ........................................................................................ 28 \n42. \nGOVERNING LAW AND JURISDICTION ...................................................................................... 28 \nSCHEDULE A – TRADING CFDS ........................................................................................................ 29 \n1. \nWHAT IS CFD TRADING? ........................................................................................................ 29 \n2. \nOUR CFD TRADING SERVICE ................................................................................................... 29 \n3. \nLIMITATIONS TO OUR CFD TRADING SERVICE .......................................................................... 29 \n4. \nTHE KEY RISKS OF CFD TRADING ............................................................................................ 29 \n5. \nBEST EXECUTION .................................................................................................................. 30 \n6. \nCONFLICTS OF INTEREST ....................................................................................................... 31 \n7. \nUSING LEVERAGE AND MARGIN .............................................................................................. 31 \n8. \nPLACING AN ORDER ............................................................................................................... 32 \n9. \nCLOSING YOUR ORDERS AUTOMATICALLY ................................................................................ 32 \n10. \nFEES AND COSTS .................................................................................................................. 32 \n11. \nCORPORATE EVENTS .............................................................................................................. 32 \n\n \n2 \n \nSCHEDULE B – INVESTING IN SECURITIES ..................................................................................... 37 \n1. \nOUR SECURITIES TRADING SERVICE ....................................................................................... 37 \n2. \nLIMITATIONS TO OUR SECURITIES TRADING SERVICE .............................................................. 37 \n3. \nTHE KEY RISKS OF SECURITIES TRADING ................................................................................ 38 \n4. \nBEST EXECUTION .................................................................................................................. 38 \n5. \nCONFLICTS OF INTEREST ....................................................................................................... 38 \n6. \nPLACING AN ORDER ............................................................................................................... 38 \n7. \nFEES AND COSTS .................................................................................................................. 38 \n8. \nSETTLEMENT ......................................................................................................................... 38 \n9. \nCUSTODY ............................................................................................................................. 39 \n10. \nCORPORATE EVENTS .............................................................................................................. 40 \n11. \nEFFECT OF TERMINATION ....................................................................................................... 41 \n12. \nWE MAY LEND YOUR SECURITIES ............................................................................................ 41 \nSCHEDULE C – TRADING CRYPTOASSETS ........................................................................................ 43 \n1. \nOUR CRYPTOASSETS TRADING SERVICE .................................................................................. 43 \n2. \nINVESTOR PROTECTION AND COMPENSATION .......................................................................... 43 \n3. \nLIMITATIONS TO OUR CRYPTOASSETS TRADING SERVICE ......................................................... 43 \n4. \nPLACING ORDERS .................................................................................................................. 44 \n5. \nUSING LEVERAGE AND MARGIN TRANSACTIONS ....................................................................... 45 \n6. \nTRANSFER OF CRYPTOASSETS ................................................................................................ 46 \n7. \nTHE KEY RISKS OF TRADING CRYPTOASSETS ........................................................................... 46 \n8. \nLIMITATION ON LIABILITY ...................................................................................................... 49 \n9. \nPLACING AN ORDER ............................................................................................................... 51 \n10. \nSTAKING .............................................................................................................................. 51 \n11. \nFEES AND COSTS .................................................................................................................. 52 \n12. \nSETTLEMENT ......................................................................................................................... 52 \n13. \nCUSTODY ............................................................................................................................. 52 \n14. \nOUR RIGHTS AND YOUR RIGHTS IN SPECIAL CIRCUMSTANCES .................................................. 53 \nSCHEDULE D – COPY TRADING ........................................................................................................ 60 \n1. \nWHAT IS COPY TRADING ........................................................................................................ 60 \n2. \nOUR COPY TRADING SERVICE ................................................................................................. 60 \n3. \nCLASSIFICATION OF TRADE .................................................................................................... 60 \n4. \nREGULATORY STATUS OF THE COPY TRADING SERVICE AND SUITABILITY ASSESSMENT ............... 61 \n5. \nLIMITATIONS TO OUR COPY TRADING SERVICE ........................................................................ 61 \n6. \nTHE KEY RISKS OF COPY TRADING .......................................................................................... 61 \n7. \nCONFLICTS OF INTEREST ....................................................................................................... 62 \n8. \nPLACING AN ORDER ............................................................................................................... 62 \n9. \nFEES AND COSTS .................................................................................................................. 63 \n10. \nOUR RIGHTS AND YOUR RIGHTS IN SPECIAL CIRCUMSTANCES .................................................. 63 \n11. \nLIABILITY ............................................................................................................................. 63 \n \n \n \n\n \n3 \n \nPART 1 – YOUR RELATIONSHIP WITH US \n1. \nAbout us \n1.1 \nThese Terms and Conditions which include the Schedules, any express consents given by you from \ntime to time, and any documents we refer to, including the General Risk Disclosure, Conflicts of Interest \nPolicy, the Best Execution and Order Handling Policy and the Privacy Notice, form the agreement \nbetween you, eToro (Europe) Limited (\"eToro Europe\", \"we\", \"us\", and \"our\"), and, where applicable, \neToro Germany GmbH for German residents trading cryptoassets only. We refer to all these documents \nas the \"Agreement\". You expressly agree to the terms of the Agreement and we will also treat your \naccess to and use of our Services (our \"Services\" are explained in clause 2 below) as acceptance of \nthe terms of the Agreement. \n1.2 \nYou are responsible for checking our website periodically in order to review the current version of the \nTerms and Conditions. Please contact us if you have any questions. Our contact details are available in \nclause 10 – \"Communicating with you\" below. \n1.3 \neToro (Europe) Limited is authorised and regulated by the Cyprus Securities Exchange Commission \n(\"CySec\") with reference number 109/10. Its registered office and principal place of business is at \nKIBC (Kanika International Business Center) 7th floor, 4 Profiti Ilias Street, Germasogia 4046, Limassol, \nCyprus. \n1.4 \nThe CySEC's contact details are as follows: \nOffice Address: 19 Diagorou Str. CY-1097 Nicosia, Cyprus \nTelephone: +357 22506600 \nPostal Address: P.O BOX 24996, 1306 Nicosia, Cyprus \n2. \nOur Services \n2.1 \nWe provide a digital trading platform, which can be accessed via a mobile and/or web-based application, \nwhere you can: \n(a) \ntrade contracts for differences (\"CFDs\"); \n(b) \ninvest in securities; \n(c) \ntrade cryptoassets; \nwe call the above the \"Trading Services\"; and \n(d) \ntrade CFDs, invest in securities, and/or trade cryptoassets, by copying the trades of other \ncustomers who trade on the eToro platform, or by copying trades in a portfolio which we have \nput together, which we call the \"Copy Trading Services\". \n2.2 \nWe also provide relevant custody services for your trades and copy trades. \n2.3 \nWhen we say \"Services\", we are talking about all of our services as described above, which includes \nthe Trading Services, the Copy Trading Services, the custody services and other related services. \n2.4 \nSome of the terms in the Agreement only apply to certain Services. If you do not use those Services, \nthen those terms will not be a part of your Agreement with us. We will always be clear which terms \napply to which Service, but please contact us if anything is unclear. \n \n \n\n \n4 \n \n2.5 \nYou should read the Parts 1 to 5, as well as the Schedule(s) that apply to the Services that you use, \nas follows: \nParts 1 to 5: applies to all eToro Europe customers \nSchedule A: applies if you trade contracts for differences (\"CFDs\") \nSchedule B: applies if you invest in or trade securities \nSchedule C: applies if you trade cryptoassets \nSchedule D: applies if you use the Copy Trading Services \n \n3. \nRegulatory status of our Services \nTrading Services and the Appropriateness Assessment \n3.1 \nThe Trading Services is an execution-only service. This means that you will be responsible for all \ninvestment decisions and actions with respect to the trades that you enter into. This includes, but is \nnot limited to, opening, closing, or not opening or closing, a transaction. The capacities that we trade \nin on your behalf, including whether as principal or as agent, are set on in the Schedule(s) that apply \nto the Services that you use. \n3.2 \nYou may be trading a complex product, for example CFDs, when you use our Trading Services. Before \nyou trade in a complex product, we are required to assess whether the product is appropriate for you \n(the \"Appropriateness Assessment\"). We do this by obtaining from you information about your \ninvestment knowledge and experience in trading such products, and assessing that information. \n3.3 \nIf we consider that the complex product is inappropriate for you, or if you do not provide us with the \nrequired information to conduct the Appropriateness Assessment, we may not allow you to trade in \nsuch instruments or we will provide you with a warning in relating to the trading of such instruments. \nCopy Trading Services and the Suitability Assessment \n3.4 \nThe Copy Trading Services is a limited form of discretionary investment management. This means that, \nbefore you can engage in a copy trade, we are required to assess whether our services are suitable for \nyou (the \"Suitability Assessment\"). This is done by obtaining from you information about your \ninvestment knowledge and experience in copy trading, your investment objectives, including your risk \ntolerance, and your financial situation, including whether you can financially bear losses consistent with \nyour investment objective. \n3.5 \nIf we consider that our Copy Trading Services are not suitable for you as a result of the Suitability \nAssessment, in accordance with our obligations under Applicable Law and our internal policy and \nprocedures, or if you do not provide us with the required information to conduct the Suitability \nAssessment, you will not be able to enter into copy trades on the eToro platform. \n3.6 \nWe may update your Suitability Assessment from time to time. If there has been a change to your \nknowledge, experience, financial situation, or investment objectives, including your risk tolerance, you \nshould advise us, so that we can update your Suitability Assessment. \nInformation provided by you \n3.7 \nYou agree and acknowledge that the Appropriateness Assessment and/or the Suitability Assessment \nare performed on the basis of information and documents provided by you, and we may rely upon the \ninformation and documents provided by you and we are not responsible for any damages or losses \nwhich may arise from any inaccuracies. In addition, you agree to immediately notify us of any changes \nto the information and documents which you have provided, and to provide use with up to date, \naccurate and complete information to enable us to conduct each Appropriateness Assessment, and/or \nSuitability Assessment, at our reasonable request. \n \n \n\n \n5 \n \n4. \nLimitations to our Services \n4.1 \nWe do not provide personalised investment recommendations or investment or tax related advice. Any \nexplanation or information which we give to you as part of a trade, or a copy trade, or about the \nperformance of the trade or copy trade is not intended to be, and should not be considered as advice. \n4.2 \nThe eToro trading platform is not an exchange or a market. This means that: \n(a) \nyou can only enter into trades and investments with us on the platform, and not third parties; \n(b) \nall trades opened on our platform must be closed on our platform; \n(c) \nall products which you purchase on our platform can only be sold on our platform, and not a \nthird party platform; \n(d) \nyou will generally not be able to transfer products into your eToro account, out of your eToro \naccount or to a third party at any time. However, we reserve the right to permit and support \nthis functionality at our discretion, including, for example, the ability for you to transfer certain \nproducts between your eToro account and electronic wallets operate by an eToro Europe affiliate; \nand \n(e) \nour prices will be different from the prices provided by other brokers, the market price, as well \nas the current prices on any exchanges or trading platforms. \n4.3 \nTherefore, you expressly consent to us executing orders outside of a regulated market, multilateral \ntrading facility, or organised trading facility, in the manner described in these Terms and Conditions, \nthe relevant Schedule, and the Best Execution and Order Handling Policy. \n4.4 \nWe may not provide all of our Services to customers domiciled in certain countries due to restrictions \nunder Applicable Law, or restrictions under our internal policies (these are known as \"restricted \ncountries\"). If you are a resident of a restricted country, you may be able to access some of our \nServices, but not all of our Services. We may change the list of restricted countries, as well as the \nServices that are available in a restricted country, from time to time. For further information, please \nspeak to us, our contact details are available in clause 10 – \"Communicating with you\". \n4.5 \nWe will not accept applications for eToro accounts from residents domiciled in Canada, or residents or \ncitizens of the United States of America, as well as other countries as required by Applicable Law, or \nrequired by our internal policies from time to time (these are known as \"blocked countries\"). We may \nchange the list of blocked countries from time to time. For further information, please speak to us. Our \ncontact details are available in clause 10 – \"Communicating with you\". \n4.6 \nOur Services may not be available in a blocked country. If you are travelling to a blocked country, you \nmay not have access to your eToro account or any of our Services. This restriction applies even if you \ndo not normally reside in the blocked country. We are not liable for any loss which results from your \ninability to access the eToro platform because you are in a blocked country, or if caused by \ncircumstances outside of our control. \n5. \nThe key risks of using our Services \n5.1 \nThe risk of using our Services, is that you could lose all your money which you have deposited into \nyour eToro account. Therefore you should not trade or invest money that you cannot afford to lose. It \nis important that you fully understand the risks involved before deciding to trade with us in light of \nyour financial resources, level of experience, and risk appetite. If required, you should seek advice from \nan independent financial advisor. \n5.1 \nThe actual returns and losses experienced by you will vary depending on many factors, including, but \nnot limited to, market behaviour, market movement, and your trade size. \n5.2 \nThe value of your investments may go up or down. \n5.3 \nPast performance is not a guide to future performance. \n\n \n6 \n \n5.4 \nYour eToro account and our Services are provided in US Dollars. This means that transactions with \neToro will carry an inherent foreign exchange risk, unless all the money that you put into and take out \nof your eToro account is in US Dollars. \n5.5 \nMore information on the risks associated with using each of the Services is set out in each Schedule, \nthe General Risk Disclosure, and on our website. \nDigital trading platform \n5.6 \nWhen you trade on a digital platform, such as the eToro platform, there is a risk that you will lose \nmoney as a result of: \n(a) \nthe failure of your computer/mobile/digital device (including its battery); \n(b) \na weak internet connection, or a weak mobile connection, which means you may not be able to \nconnect to the eToro trading platform, or if you are able to connect there may be a delay; \n(c) \nhacking or the use of malicious software that allows a third party to gain access to your \ninformation and/or assets; \n(d) \nyour device being incompatible with the eToro trading platform or system specifications, \nincluding due to incorrect settings or system specifications; \n(e) \nthe failure or malfunction of eToro's or your hardware or software; and/or \n(f) \nyour non-adherence with the eToro Security Guidance, available on our website at \nhttps://www.etoro.com/customer-service/etoro-security-guidelines/. \n5.7 \nSome of the features available on the eToro trading platform may not be available if you are accessing \nthe platform on a mobile device. \nYou must monitor your trades \n5.8 \nIf you believe you have an order or trade that is not showing on the eToro trading platform, or have \nany other issue or problem with any order or trade, you should contact us immediately. \n6. \nBest execution \n6.1 \nWe are required to take sufficient steps to achieve the best possible result for you, on a consistent \nbasis, when providing our Services. Our Best Execution and Order Handling Policy sets out the \nprocedures that we follow as well as the relevant market factors that we take into account as part of \nour best execution obligation. This policy, which may be amended from time to time, forms part of our \nAgreement with you and is available on our website. \n6.2 \nWe understand that the best execution result is one that produces the best possible financial result for \nyou, and that the \"best possible financial result\" is the best possible result in combination across all \nyour trades. This means that some trades, taken individually, may be less favourable. Where we \nreasonably believe that it is in the overall best interest of all our clients, we may combine your order \nwith our own orders or those of other clients, or we may split your orders. Best interests are not solely \ndetermined by price, and we also consider other factors, such as the speed of the trade and the \nlikelihood of the trade being successful, to be important. Aggregation or splitting of orders may result \nin you obtaining, on some occasions, more favourable terms or price, and, on other occasions, less \nfavourable terms or price than if your order had been executed separately. \n6.3 \nWe monitor the effectiveness of our Best Execution and Order Handling Policy on a regular basis to \nensure that we consistently achieve the best results for you. \n \n \n\n \n7 \n \n7. \nConflicts of interests \n7.1 \nWe are required to act in your best interest when providing our Services. However, there may be \ninstances where your interests conflict with our interests, or with another client's interests. For example: \n(a) \nwe may execute hedging transactions before or after entering into a transaction with you to \nmanage our risk in relation to the transaction, which may impact the price you pay or receive \nfor such transactions, and we will retain any profits generated by such hedging. However, we \nare not required to hedge transactions if we do not want to; \n(b) \nwe may enter into arrangements with third parties, or with other clients, where we make \npayments to them or receive payments from them based on your trading activity or volume, \nwhere such arrangements are permitted by Applicable Law. These payments may include \nrebates, commissions, widened spreads and profit sharing; \n(c) \nwe may provide, pay or receive fees, commissions or non-monetary benefits where such \npayments are permitted by Applicable Law; \n(d) \nwe may share dealing charges with our affiliate companies or receive remuneration from them \nin respect of transactions carried out on your behalf; \n(e) \nwe may be the counterparty to trades that you enter into; and \n(f) \nwe are responsible for setting the price of instruments and products which can be traded on \nthe eToro platform. This means that our prices will be different from the prices provided by \nother brokers and the market price, as well as the current prices on any exchanges or trading \nplatforms. \n7.2 \nWe have in place a number of internal policies and arrangements to help manage any conflicts including \nas set out in our Conflicts of Interest Policy and which is available on our website. In addition, the \npotential conflicts related to trading detailed above are subject to a detailed objective criteria which is \nset out in our Best Execution and Order Handling Policy. \n8. \nHow your money is protected \n8.1 \neToro Europe is covered by the Cyprus Investor Compensation Fund (\"Fund\"). If we fail, the Fund can \nreturn your money up to €20,000 or as may be updated from time to time. For more information about \nthe Fund, visit our website at https://www.etoro.com/customer-service/regulation-license/ and \nhttps://www.cysec.gov.cy/en-GB/complaints/tae/. \n8.2 \nImportantly, the Fund protection is only applicable to regulated products. This means that any \ncryptoasset trades, including cryptoasset copy trades, are not protected, but security trades and \nsecurity copy trades, and CFD trades and CFD copy trades, are protected. \n9. \nHow you can make a complaint \n9.1 \nIf you are unhappy with a Service or something has gone wrong, please contact us and we will try to \nput it right. You may contact us directly via: \n(a) \nthe \"Help\" section of our platform, where you will also find our complaints procedure; or \n(b) \nthe customer service section of our website at https://www.etoro.com/customer-service/. \n9.2 \nFor more information on our complaints handling procedure, please visit our website at \nhttps://www.etoro.com/customer-service/regulation-license/. \n9.3 \nIf you're still not happy with how we've dealt with your complaint, you can refer it to the Financial \nOmbudsman of the Republic of Cyprus or to the CySEC or to relevant courts. For more information on \nsuch alternative solutions, please refer to our complaints handling procedure. \n \n \n\n \n8 \n \n10. \nCommunicating with you \nHow we may contact you \n10.1 \nYou expressly consent to us using our platform or website www.etoro.com, as we deem appropriate, \nto inform you of information about us and of changes to such information (including changes to our \nAgreement and our Best Execution and Order Handling Policy). \n10.2 \nWe may also communicate with you via our website and applications, by email, telephone, fax, post, \nnewsletter, letter, electronic chats, and/or any other means of communication. We will use the contact \ndetails you gave us when you opened your eToro account, and as updated by you to us. \n10.3 \nIf your details change, including your email address, contact numbers, name, home address, country \nof residence or nationality, you must tell us as soon as possible. If you do not let us know, you might \nnot receive important information from us. \n10.4 \nOur Agreement with you, and all information, statements and notifications between you and us, will be \nin English and we will communicate in English. If we provide you with documents in another language, \nand there is an inconsistency, the English version will prevail. \nContacting us \n10.5 \nIf you have any questions about the Agreement, or would like to speak to us, you can contact us in the \nfollowing ways: \nBy phone \n+357 25030234 \nOnline \nhttps://www.etoro.com/customer-service/ \nBy post \neToro Europe, KIBC (Kanika International Business Center) 7th floor, 4 Profiti Ilias \nStreet, Germasogia 4046, Limassol, Cyprus \n \n \n\n \n9 \n \nPART 2 – HOW OUR SERVICES OPERATE \n11. \nClient classification \n11.1 \nWe will classify you as a retail client for the purposes of the Services. Retail clients are given the highest \nlevel of protection under Applicable Law. \n11.2 \nYou may request that we re-categorise you as a different type of client, but we would not be obliged \nto do this. If you are re-classified as a professional client, you may lose certain protections. In these \ncircumstances, we will provide you with a Client Categorisation Notice, setting out the regulatory \nprotections that you will keep, as well as those that you will lose. If a term of the Client Categorisation \nNotice conflicts with, or is different to, a term in this Agreement, the Client Categorisation Notice will \napply. \n12. \nHow to open, and maintain your eToro account \nApplying for an account \n12.1 \nTo apply for an eToro account, you will need to complete an online application form and provide us \nwith information that we request, so that we can identify you, verify your identity, and conduct fraud \nchecks, sanctions checks, anti-money laundering and counter-terrorism checks, and any other checks \nas required by Applicable Law, including without limitation, the Foreign Account Tax Compliance Act \n(\"FATCA\"), as required by our internal procedures. This means we will require you to provide us with \npersonally identifiable information, the countries where you are a tax resident, confirmation of whether \nor not you are a US citizen or whether or not your place of birth is in the US or any other information \nwhich will be required under Applicable Law. \n12.2 \nYou will also need to provide us with information so we can assess whether the Trading Services are \nappropriate for you, and assess whether the Copy Trading Services are suitable for you. Please refer \nto clause 3 – \"Regulatory status of our Services\" for more information about the Appropriateness \nAssessments and the Suitability Assessments. \n12.3 \nIf you are applying for an eToro account on behalf of a business, you must have the authority to enter \ninto agreements, including this Agreement, on behalf of that business. \n12.4 \nIf you have more than one eToro account, we may combine your eToro accounts into one. We may \nalso place limits on the number of eToro accounts which you may hold, as well as the number of eToro \naccounts which one household may hold. \n12.5 \neToro Europe is a wholly owned subsidiary of eToro Group Limited, which is an unregulated company \nin the British Virgin Islands. If you open an eToro account but have not put money into the account or \nyou are trading using a 'demo account', you will be a customer of eToro Group Limited. This means \nthat you will not benefit from the protections available to clients of eToro Europe, which is a regulated \nentity, until the point in time when you fund your account. \nLinking a payment method \n12.6 \nIn order to put money into your eToro account, you will need to link your eToro account to a current \naccount, debit card, credit card, electronic wallet or other means of payment, which is approved by us. \nWe call this your payment method. We may allow you to link more than one payment method, but we \nare not required to do so. We may accept different payment methods in different countries. \n12.7 \nThe payment method must belong to you, and must be in your name. We do not accept money from \npeople who are not you. We may require you to provide us with documents to verify the details, and \nthe ownership of your payment method. If we cannot verify the details of your payment method, or if \nwe cannot verify that the payment method belongs to you, you will not be able to deposit money into \nyour eToro account, and therefore will not be able to use our Services. \n\n \n10 \n \n12.8 \nWe may process your deposits and withdrawals, and reserve the right to use electronic wallets and \npayment processing accounts operated by an eToro Europe affiliate. To the extent permitted by \nApplicable Law, if you withdraw funds from your eToro account to another account operated by and \neToro Group entity, including an electronic wallet (crypto, fiat or any other wallet), we may instruct the \neToro Group entity to reverse the withdrawal (and return the money to the original account where it \nwill be subject to these Terms and Conditions, including any set-off right), freeze, or block the relevant \nwithdrawal(s) to the extent that we have indications that you have breached this Terms and Conditions, \nincluding any rules of trading (we explain our rules of trading in clause 23 - \"Rules of trading\") in our \nsole discretion. \nProvision of information \n12.9 \nWe may, from time to time, require additional information and/or documents (including as required by \nanti-money laundering regulations and any other similar regulations applicable to us (\"AML\"), as well \nas for anti-fraud measures or any other related internal procedures), or clarifications to information \nand/or documents which you have provided to us. \n12.10 \nIf any information which you have provided to us under this clause 12 – \"How to open, and maintain \nyour eToro account\" changes, you should tell us, in writing, as soon as possible, and no later than 30 \ndays after the change takes place. \n12.11 \nThe information you provide to us must be complete, accurate and not misleading. If you do not provide \nus with the required information, or if you provide inaccurate, incomplete or misleading information, \nwe will not be able to open an eToro account for you, or, if you already have an eToro account, we may \nfreeze, block, or close your eToro account. \n13. \nKeeping your eToro account safe \n13.1 \nIf we accept your application, we will open an eToro account for you. You will need to choose a \nusername and a password to access your eToro account and we may also require other security details. \n13.2 \nIt is your responsibility to take all reasonable steps to keep your eToro account safe. For example, you \nshould keep your security details, such as your username and password, a secret. You should select a \npassword that it is not easy to guess (such as using a combination of uppercase and lowercase letters, \nnumbers and symbols) and is a unique password for your eToro account. We recommend that you do \nnot re-use a password previously used by you for other platforms/services. You should also apply two-\nfactor authentication to your account to keep your account secure. \n13.3 \nYou will need to change your security details immediately and contact us as soon as possible if you \nthink someone else knows them. \n13.4 \nWe may block access to your eToro account or block access to our Services if we believe that it is \nnecessary for security or legal reasons. For example, if we think someone may have access to or is \nusing your eToro account without your permission. \n13.5 \nWe may contact you to provide you with new security details, or contact you to require you to change \nyour security details. \n13.6 \nYou must not give any third party (including minors) any access to and/or control of your eToro account. \nIf you elect to give another person access to and/or control of your eToro account, you do so at your \nown risk and we will not be responsible for the decisions of that third party. For example, if they place \ntrades or if they place copy trades and make a loss, we won't refund you that money. We reserve the \nright to cancel or reject any orders placed by any third party for security and/or legal reasons. \n14. \nHow to pay money into, and take money out of, your eToro account \nPaying money in (also called \"deposits\") \n14.1 \nYou can pay money into your eToro account by using one of your payment methods (which we referred \nto in clause 12 – \"How to open, and maintain your eToro account\"). We do not accept cash or cheques. \n14.2 \nIf your payment method charges us a fee, for example, a payment transfer or a payment processing \nfee or currency conversion, we may charge you a \"transfer fee\". Our transfer fees are set out on our \nwebsite. \n\n \n11 \n \n14.3 \nYour money will show in your eToro account as soon as we are satisfied that it comes from you. \n14.4 \nWe may place a limit on how much money you can pay into your eToro account. We will let you know \nin advance if we do this. \n14.5 \nWe may return any money which comes in from a payment method that is not in your name. If we are \ncharged fees for returning your money, we will deduct an amount equal to that fee from the money \nwhich we are returning. \nTaking money out (also called \"withdrawals\") \n14.6 \nYou can take money out of your eToro account by sending it back to the payment method that it came \nin from, subject to any Applicable Law and any regulatory restrictions that may apply (including AML \nrestrictions), which may prevent us from sending it to such payment method.. We may permit you to \nwithdraw money to an alternative payment method also in your name, but only after we are satisfied \nthat the alternative payment method belongs to you and is approved by us (subject to any Applicable \nLaw and regulatory restrictions, including AML restrictions). \n14.7 \nYou may not be able to take money out of your eToro account if it would leave insufficient funds in \nyour eToro account to pay for any unsettled transactions and/or applicable fees or charges. \n14.8 \nTo protect your money against fraud, we may put a limit on how much can be taken out of your eToro \naccount. The minimum amount per withdrawal is set out on our website. However, if you are closing \nyour eToro account in accordance with clause 26 – \"Closing or blocking access to your eToro account\", \nthis restriction will not apply. \n14.9 \nWe may charge you a fee each time you take money out. Our fees are available on our website. \n14.10 \nWe will process a valid and complete withdrawal request by the end of the following business day. Our \nprocessing may be delayed or declined if required under Applicable Law, including if we have an AML \nconcern. We may, or may not be able to, disclose to you the reasons for such delay or rejection. Please \nnote that once your withdrawal request has been processed it might take a few days for your payment \nprocessor to update the balance in your account, depending on your payment processor's policy and \nprocedures. \n14.11 \nIf you take money out of your eToro account after 11.00 am Eastern European Time, or on a non-\nbusiness day, we may not process your withdrawal request until the next business day. When we say \nbusiness day, we mean Monday to Friday, but not a public or a bank holiday. \nConverting your money into US Dollars \n14.12 \nAny money you pay into your eToro account must be made in British Pounds, Euros, US Dollars or \nanother currency approved by us. We will convert all money into US Dollars. \n14.13 \nEach time you take money out of your eToro account, we will convert the US Dollars into the currency \nselected by you, and we will charge you a fee. Our fees for converting money are available on our \nwebsite. This clause does not apply if your withdrawal is in US Dollars. \n14.14 \nYou are responsible for the foreign currency exchange risk arising from any conversion of money to or \nfrom US Dollars in or out of your eToro account. \n15. \nHow we treat your money \n15.1 \nSubject to clause 16 – \"When your money stops being client money\", money that you put into your \neToro account will be treated as \"client money\" in accordance with the CySEC rules. \n15.2 \nThe Services include trading in cryptoassets. Cryptoassets are not regulated products and therefore \nany money held in relation to a cryptoasset trade or copy trade will not be subject to the CySEC rules, \nunless otherwise stated. However, we will endeavour to protect your money in accordance with best \nmarket practice. \n\n \n12 \n \n15.3 \nUnder the CySEC rules, we will separate client money from our own money by putting it into a separate \nbank account with a reputable bank. This is called a \"client money account\". We are permitted by \nthe CySEC rules to hold your client money, and other clients' client money, together in the same client \nmoney account, this is called an \"Omnibus Account\". \n15.4 \nWe may hold client money in bank accounts in the European Economic Area (\"EEA\"). We may also hold \nclient money in bank accounts in a different country outside the EEA. This means that different rules, \nregulations and laws may apply to these banks, which means that in the event of an insolvency, money \nin a client money account held with that bank may be treated differently to money held with an EEA \nBank. \n15.5 \nWe are not responsible for the insolvency, acts or omissions of any bank, although we will take \nreasonable care when choosing which bank to open a client money account with. \n15.6 \nUnless we separately agree to do so with you, we will not pay you interest on any client money we \nhold, and if interest is accumulated on such funds, it shall not be deemed part of the clients' funds and \nshall not be credited to your account. \n15.7 \nWe may allow another third party to hold your money for the purpose of a transaction for you. Such \nthird party may include an eToro Europe affiliate or a third party such as an exchange, or a clearing \nhouse, and may also hold your money in an Omnibus Account. If we do this, we will take reasonable \nsteps to make sure your money is treated as client money where applicable but we will not be \nresponsible for any acts or omissions of that third party. \n15.8 \nIn the event of the insolvency or any other analogous proceedings in relation to a third party which has \nbeen appointed to hold your client money, we will only have an unsecured claim against the party on \nbehalf of you and our other clients. This means that you will be exposed to the risk that the money \nreceived by us from such party is insufficient to satisfy the claims of you and all other clients with \nclaims in respect of the relevant account. \nPutting your money into a qualifying money market fund \n15.9 \nRather than holding your money in a client money account, we may put your money into units or shares \nin a qualifying money market fund. Your money will therefore not be held as client money in accordance \nwith the applicable CySEC rules on safeguarding client funds, but the units or shares will be held as \nsafe custody assets in accordance with applicable CySEC rules on safe custody. Under the CySEC rules, \nwe will separate the units or shares in the qualifying money market fund from our own. \n15.10 \nWe will not pay you any interest earned on the units or shares in the qualifying money market fund. \n15.11 \nInvestments in qualifying money market funds are considered low risk. However, if the qualifying \nmoney market fund fails, which causes you to lose money, we may pay you back that money, although \nwe are not required by Applicable Law to do this. \n15.12 \nYou expressly consent to us putting your money into a qualifying money market fund. Your agreement \nis a necessary condition for us to provide you with our Services. If you do not agree, or change your \nmind, please let us know in writing and we will help you close your eToro account. \n16. \nWhen your money stops being client money \n16.1 \nWe may use the money in your eToro account to pay fees, costs or charges which becomes due and \npayable. Where you enter into a transaction, all fees, costs, and charges for that transaction will \nbecome due and payable immediately upon execution, and therefore we will deduct the relevant sum \nfrom your eToro account at that point. Money which is due and payable will stop being treated as client \nmoney in accordance with Applicable Law. \n\n \n13 \n \n16.2 \nThis term applies if you have been categorised as a \"professional client\" only: Following appropriate \ndisclosure of the risks by us to you, you and we may separately agree that: (a) we will not hold money \nwhich you put into your eToro account in accordance with the client money rules and Applicable Law; \nand (b) such money will be transferred to us by way of full title and ownership, and free of any \nencumbrance, security interest, lien or other restriction, for the purpose of securing or covering your \npresent, future, actual, contingent or prospective obligations to us (this is known as the \"title transfer \nagreement\"). Because title of the money has passed to us, you will no longer have a proprietary claim \nto that money and we can deal with it in our own right, and you will rank as a general creditor of ours. \nThe title transfer agreement must be entered into using the eToro agreed format and signed by you, \nand may be provided to us by post, email, or via the eToro platform. \n16.3 \nWe may pay the money in your eToro account to a charity if you have not accessed your eToro account \nfor 6 years. This means that we will stop treating your money as client money. We will try to contact \nyou to return your money before we do this. If you contact us after the money has been given to a \ncharity, we will pay it back to you. \n16.4 \nIf we transfer/sell our business to someone else, in accordance with the CySEC rules: \n(a) \nwe will provide you with notice prior to the transfer; \n(b) \nthey will hold your transferred money in accordance with the client money rules or, if they do \nnot treat your money as client money, we will exercise due skill, care and diligence in assessing \nwhether they will apply adequate measures to protect your money; and \n(c) \nyou consent for us to transfer your money. If you do not want your money to be transferred to \nanother person, please contact us and we can help you close your eToro account. \n17. \nEntering into transactions – Quotes \n17.1 \nThe eToro platform will display the indicative price to buy, and the price to sell for each product. This \nis called a \"quote\". A quote is not an offer by us to buy or sell any products. We generally do not \nprovide quotes over the phone, but may do so at our discretion. \n17.2 \nWe are responsible for setting the price of instruments and products which can be traded on the eToro \nplatform. This means that our quotes will be different from the prices provided by other brokers, the \nmarket price, as well as the current prices on any exchanges or trading platforms. \n17.3 \nAlthough, when we provide a quote, we may take into account the price that we receive from a broker, \nthe market, or any exchanges or trading platforms, we are under no obligation to do this, and we are \nunder no obligation to ensure that the quotes which we provide are within any specific percentage of \nsuch price. \n17.4 \nIf the prices on a market, exchange or trading platform are distorted, for example during a short term \nprice spike, or during pre-market, post-market, or intra-day auction periods, we may reflect similar \nprices in our quotes, but we are under no obligation to do this. \n17.5 \nWhen the underlying market or exchange is closed, our quotes may reflect what we believe to be the \ncurrent bid and ask price of the relevant product or, if you are trading a CFD, the underlying product, \nat that time, but we are under no obligation to do this. \n17.6 \nQuotes are updated constantly which means that the price to buy or sell may change between the time \nthat you place your order, and the time that we execute your order. We will tell you the price that your \norder was executed at. \n18. \nEntering into transactions – Placing an order \n18.1 \nWhen you use our Trading Services or Copy Trading Services, you will place an order. An order is any \nrequest placed by you with us to purchase or to sell or otherwise deal in financial products, which may \ninclude a limit order, stop loss order and/or take profit order or such other order as may be available \non the trading platform from time to time. We will then need to accept your order for it to take effect. \nPlease read clause 19 – \"Entering into transactions – Modifying your order, cancelling your order, or us \nnot accepting your order\" which explains when you might be able to change or cancel your order, as \nwell as when we might not accept your order or cancel your order. \n\n \n14 \n \n18.2 \nIn relation to stop loss orders specifically, you understand that we can change the stop loss rates which \nwe will accept at our sole discretion (including in relation to open positions), and that we may give you \nvery short notice of changes to stop loss rates or due to an Exceptional Event we may not be able to \ngive you notice at all. We will exercise our right to change stop loss limits in accordance with Appliable \nLaw. \n18.3 \nYou can place an order by using our platform. We generally do not accept orders over the phone, but \nmay do so at our discretion. \n18.4 \nWe will execute orders that are received from your eToro account, and which we reasonably believe \nare from you, or authorised by you. Please be careful when making an order. If you place orders by \naccident or in error, for example if you place multiple orders which are the same, we will assume that \nyou did this on purpose and we will execute them without checking this with you. \n18.5 \nOnce we accept your order, we will execute it in accordance with any specific instructions that you give. \nThis is called a trade. The instructions which are available on our platform may change from time to \ntime, but may include market orders, limit orders, take profits and stop losses. For more information \non how you can place an order, the instructions that you can give, and how we may execute your order, \nplease read our Best Execution and Order Handling Policy. \n18.6 \nWe cannot guarantee that your execution price will match your order price, including where you've \nplaced a limit order, take profit and/or stop loss order. This is because the market may be volatile \nand/or the price may have moved up or down between the time that you place your order (or the time \nyour limit order, take profit and/or stop loss order has been activated) and the time that we execute \nyour order. This is known as slippage. When this happens, we will execute your order at the next best \nprice and in accordance with our Best Execution and Order Handling Policy. \n18.7 \nIf you have placed an order during: \n(a) \ntimes in which the market of the underlying is suspended (for example, during the weekend or \nat off-market hours, suspension due to market conditions or due to any other event in which \nthe market of the underlying is suspended), and/or \n(b) \nduring the time the market was open, however, your order is triggered shortly following a \nsuspension, \nthen the applicable order you have placed will be executed as soon as is reasonable under the \ncircumstances when trading resumes. We do not guarantee that your order will be executed at the first \navailable underlying market price at commencement of trading or within any specific range compared \nto other market prices which may be available to you from other sources. We are not liable for any loss \nor for other claims which you may have in connection with such orders. \n18.8 \nWe will execute orders received during trading hours. Different products have different trading hours \nand these are available on our website. It is your responsibility to ensure you are aware of the trading \nhours for the product you are trading. We may agree to execute orders outside of business hours, at \nour discretion. \n18.9 \nWhere you place an order outside of market hours, or where the product you are trading has a 24/7 \nmarket, but your order is placed during a period where there is limited trading (for example during the \nweekend), the availability of the different functionalities which we may provide as part of our Services, \nincluding instructions which you may give in respect of a trade, may be delayed or may not be available. \nWe are not liable for any loss which results from your inability to access or provide certain trading \nfunctionalities and instructions. \n19. \nEntering into transactions – Modifying your order, cancelling your order, or us not accepting \nyour order \n19.1 \nYou may request to cancel or modify an order which we have not executed. However, we cannot \nguarantee that we will be able to carry out your request. This will depend on the product that you are \ntrading and whether you are using our Copy Trading Services. Please read the Schedule that applies to \nyour order for more information about this. \n \n \n\n \n15 \n \n19.2 \nWe are not required to accept every order that you make and reserve the rights to decline any order \nor transaction. If we have accepted your order we are not required to complete/execute every order. \nWe provide below a non-exhaustive list of examples of situations where we may not accept an order, \nnot execute or complete an order, or cancel an order: \n(a) \nif we reasonably believe the security of your eToro account is at risk, or if we're concerned \nabout unauthorised or fraudulent use of your eToro account. This might happen if we think \nsomeone is using your eToro account without your permission; \n(b) \nif you do not have enough money in your eToro account to cover the maximum amount of loss \nassociated with your order, plus any associated fees, charges and applicable margin; \n(c) \nif we reasonably believe that there is an error with your order. For example, if you have placed \nan order that is unusually large and you have never done this before; \n(d) \nif the order you have requested is unusual or for exaggerated volumes; \n(e) \nthere is an error with the quote that we have provided. For example, if the quote is manifestly \ndifferent to the market price, prices on exchanges, prices on trading platforms, and/or if the \nquote is clearly loss making; \n(f) \nthere is a change in Applicable Law, which means that the order is no longer in compliance with \nApplicable Law; \n(g) \nthere is a \"Corporate Event\" – please refer to the Schedule B – Investing in Securities, and \nSchedule C – Trading Cryptoassets for more information on Corporate Events; \n(h) \nan exchange requests or recommends that the order is cancelled; \n(i) \nyou breach the rules of trading. We explain our rules of trading in clause 23 – \"Rules of trading\"; \n(j) \nan \"Event of Default\" occurs. We explain what an Event of Default is in clause 28 – \"Event of \nDefault\"; and/or \n(k) \nan \"Exceptional Event\" occurs. We explain what an Exceptional Event is in clause 29 – \n\"Exceptional Events\". \n19.3 \nWe may, at our sole discretion, place limits on the minimum and/or maximum order sizes that we \naccept on our platform, as well as the number/volume of orders that we will accept from our clients or \nclient's account \n19.4 \nIf we do not accept your order, complete/execute your order, or cancel your order, we will inform you \nby making that information available on our trading platform, unless there is a legal reason that we \ncannot provide this information to you. If we charged you a fee as part of the order, we will refund that \nmoney back into your eToro account. If there were no fees or charges, then you will not receive a \nrefund. \n19.5 \nIf we have executed your order, and therefore a transaction has occurred, we may take corrective \nactions and either modify the transaction, or void the transaction, under the scenarios listed in clause \n19.2 above. We will inform you of errors by making information available on our trading platform, \nincluding any corrective actions we intend to take. \n19.6 \nWe will not be responsible for any losses you incur as a result of any actions or inactions taken by us \nin accordance with this clause 19 – \"Entering into transactions – Modifying your order, cancelling your \norder, or us not accepting your order\". \n20. \nTransactions records \n20.1 \nInformation about your trading activities, which includes records of the trades that you've concluded, \nyour open positions, margin, cash balances as well as other information about your trades and orders, \nis available online in your eToro account (we call this the \"Account Information\"). Your eToro account \nwill be updated no later than 24 hours after any activity takes place. You will be able to filter this \ninformation in different ways, for example on a per month basis. We are under no obligation to provide \nthis information in hard copy or by email. \n\n \n16 \n \n \n \n\n \n17 \n \n20.2 \nIf you think there is a problem with your Account Information, please contact us as soon as possible \nand not later than 48 hours following the day on which the Account Information is posted. Otherwise, \nthe Account Information will be conclusive evidence of your transactions, concluded trades, your open \npositions, margin, and cash balances. \n20.3 \nWe are required to keep your records, including the Account Information, for at least five years after \nyour eToro account is closed. This period may be extended by Applicable Law or agreement between \nus in writing. These records will be our sole property. \n21. \nFees and costs \n21.1 \nWe will charge you a fee for each order we execute for you. This is called a \"spread\". A spread is the \ndifference in the sell and the buy price. The spread is different for each type of product and Service \nand can be found on our website. We will estimate the total amount of spread that applies each time \nyou place an order. We cannot provide you with an exact amount because the spread may change \nbetween the time you make an order, and the time we execute your order. \n21.2 \nThe spreads which we charge can change due to market conditions. For example, there may be \ninstances when market conditions cause spreads to widen beyond the typical spreads displayed on our \nwebsite and/or platform. \n21.3 \nWe may charge you a fee when you put money in, or take money out of your eToro account, as detailed \nin clause 14 – \"How to pay money into, and take money out of, your eToro account\", and includes: \n(a) \nif you pay money into your eToro account and your payment method charges us a fee, for \nexample a payment transfer or a payment processing fee, we may charge you a transfer fee; \n(b) \nif we return any money which comes in from a payment method that is not in your name and \nwe are charged a fee for returning your money, we will deduct an amount equal to that fee \nfrom the money which we are returning; \n(c) \nif you withdraw money from your eToro account, we may charge you a fee; and \n(d) \nif we need to convert your money into US Dollars, we will charge you a fee. \n21.4 \nWe may also charge you a monthly inactivity fee, where there has been no trading activity on your \neToro account for at least 12 months. Our inactivity fee is available on our website. \n21.5 \nThe above fees will apply to all of our Services. However, for specific Services, other fees may also \napply. For example, if you trade CFDs, we may also charge you an overnight fee (please read Schedule \nA –Trading CFDs for more information). Additionally, if you trade cryptoassets, we may charge you a \ntransfer fee, and/or a blockchain fee (please read Schedule C – Trading Cryptoassets for more \ninformation). \n21.6 \nFor more information of the commissions, charges, fees and costs that apply to our Services, please \nread the Schedule that applies to the Service that you use as well as our website at \nhttp://www.etoro.com/en/customer-service/fees/. We may update our commissions, charges, fees and \ncosts from time to time. It is your responsibility to keep up to date with any changes, and to be aware \nof the commissions, charges, fees and costs that apply to your trades and the Services that you use. \n21.7 \nYou acknowledge that all amounts due to us shall be deducted from your eToro account balance. \n22. \nRecording your communication with us \nYou agree that we may record any telephone, email and chat conversations with you, as well as any \nother forms of communications, activities, and transactions, between you and us, and that the \nrecordings may be used as evidence in any proceedings relating to our Agreement with you, any order \nyou place, and/or trades executed. These records will be our sole property. \n \n \n\n \n18 \n \n23. \nRules of trading \n23.1 \nThere are rules which you need to follow when using our Services. These are: \n(a) \nyou must not reverse engineer or avoid any security measures on the trading platform; \n(b) \nyou must not use any software, artificial intelligence, ultra-high speed, or mass data entry \nwhich might manipulate, game, abuse, or give you an unfair advantage when using our systems \nor Services; \n(c) \nyou will not enter into trades which manipulate our platform, for example entering into a buy \ntrade as well as a sell trade, for the same or for a similar product, at the same or similar time; \n(d) \nyou will not enter into transactions or combinations of transactions such as holding long and \nshort positions in the same or similar instruments at similar times either by you or by you acting \nin concert with others, including between connected accounts, or accounts held with different \nentities within the eToro Group, which, taken together or separately, are for the purpose of \nmanipulating the eToro trading platform for gain; \n(e) \nyou will not act in an unfair, abusive, manipulative, or illegal way when using our Services, for \nexample scalping; \n(f) \nyou will not enter into trades aimed at exploiting errors in prices and/or conclude trades at off-\nmarket prices; and/or \n(g) \nyour order must not violate exchange rules or securities or commodities laws, regulations or \nrules, and/or be intended to defraud or manipulate the market. \n23.2 \nIf you make money by breaching the above rules, we may not pay that money to you or, if we have \npaid that money, we may deduct it from your eToro account. \n23.3 \nIf you breach any of the above rules we will record such breach. We may also cancel your orders, \nfreeze, block and/or terminate our Services, your eToro account, and/or our Agreement with you. We \nmay, but are not required to, give you notice of this, subject to any Applicable Law. \n24. \nThe eToro Community and information on the eToro platform \n24.1 \nWhen you open an eToro account, you will have access to the \"eToro Community\", a place where \neToro traders can share information with each other and with us. You will also have access to \ninformation which we make available on the eToro platform. \nContent which you post on the eToro Community \n24.2 \nWhen you post content on the eToro Community you will need to follow the \"Community Guidelines\" \nwhich is available on our website. The Community Guidelines tell you the type of posts that are allowed \nand are not allowed. \n24.3 \nIn addition to the Community Guidelines: \n(a) \nyou must make sure that all content you post belongs to you or that you have a right to post \nthat information and that you do not violate the privacy rights, publicity rights, copyright, \ncontract rights or any other rights of any individual or make derogatory remarks regarding, \ndefame or otherwise criticize any person or entity. You shall be liable for any damage resulting \nfrom any infringement or other violation of the copyright, trademarks or other proprietary rights \nof any individual or entity, and for any other harm or losses resulting from any content that \nyou post; \n(b) \nyou must not post any personal or security information about yourself, your eToro account, or \nabout anyone else or their eToro account, and you must not try to obtain the personal or \nsecurity information of someone else; \n(c) \nyou must not provide investment advice, portfolio management services or any other type of \nservice which requires you to be authorised by a regulator; \n\n \n19 \n \n(d) \nyou must not post that eToro Europe or anyone in the eToro Group endorse or warrant your \ncontent; \n(e) \nyou must not advertise or promote another business or service, or any type of commercial \ncontent including spam; and \n(f) \nyou must not post anything which is abusive, inciteful, defamatory, harassing, insulting, \nsexually explicit, offensive, racist, rude, hateful, threatening, violent, or illegal. \n24.4 \nWe may review and monitor your activity and posts on the eToro Community. If you breach any of the \nabove rules or the Community Guidelines, we will record such breach and we will remove the post \nwithout telling you. We may also block your eToro account, or terminate our Agreement with you - we \nwill tell you when we do this. We may also be required by Applicable Law to tell regulators or \ngovernment authorities about a breach, and help them in any investigation about a breach. \n24.5 \nBy posting content on the eToro Community, you specifically grant us a non-exclusive, irrevocable, \ntransferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present \nand/or publish all or any part of your content, and we shall be free to use such content, in any manner \nor media whatsoever, on an unrestricted basis and without any attribution or royalties or other \ncompensation to you, including without limitation, our website, advertisements, in printed media, and \nin newspapers. \nContent which we post, or which another trader posts, on the eToro Community or make available on \nthe eToro platform \n24.6 \nYou should not make investment decisions based on information provided by individual traders (who \nmay be anonymous or unidentifiable), such as details of the trades they make or any opinions \nexpressed by them on the eToro platform. Content on eToro's social trading platform which is generated \nby members of the eToro Community does not contain advice or recommendations or endorsements \nby or on behalf of any eToro Group entity. \n24.7 \nWe may post information such as news, headlines, graphs, links to other websites, newsletters or \ninformation from other people, market prices for different products in real time or on a delayed basis, \nopening and closing market prices and ranges on third party exchanges, the highest and lowest market \nprice on third party exchanges, the estimated and actual market volumes and the size, number and \nexistence of current market bids and offers on a given day, on third party exchanges (we call this \n\"Market Data\"). \n24.8 \nMarket Data may be produced by an exchange or another third party (for example information service \nproviders which are not exchanges) which we pass on to you. In this scenario the Market Data belongs \nto the exchange or the third party (as applicable) and you agree to (a) comply with all the laws, rules \nand regulations applicable to access or using the Market Data; (b) using the Market Data only for your \nown trading purposes; and (c) cease any use of Market Data upon termination of this Agreement for \nany reason. We will enter into appropriate agreements with the relevant exchanges on your behalf \nrelating to the proper use of your Market Data. \n24.9 \nWe, or the relevant exchanges, or the relevant third parties, which provide Market Data, do not \nguarantee that the Market Data we provide is always accurate, correct, or up to date although we will \ntake reasonable steps to ensure that it is. Importantly, Market Data is not financial advice and we are \nnot responsible or liable for any action which you take or do not take based on such Market Data. If \nyou want to use the information to help you with your own investment decisions, you do this at your \nown risk. \n24.10 \nYou must not share information which we have posted outside of the eToro Community. In particular \nyou should not redistribute the prices we make available to you to any other person whether such \nredistribution be for commercial or other purposes. \n \n \n\n \n20 \n \nPART 3 – OUR RIGHTS AND YOUR RIGHTS IN SPECIAL CIRCUMSTANCES \n25. \nResponsibility for loss \n25.1 \nSubject to clause 25.2 below, eToro Europe and its employees, agents, delegates or associates will not \nbe liable for any: \n(a) \naction or inaction we take in accordance with our rights under this Agreement, including under \nclause 19 – \"Entering into transactions – Modifying your order, cancelling your order, or us not \naccepting your order\", clause 27 - \"Right of set-off, liens, and equitable charges\", clause 28 – \n\"Event of Default\", and clause 29 – \"Exceptional Events\"; \n(b) \nevent due to circumstances beyond our control including, any \"Exceptional Event\" occurring, \nas defined in clause 29 – \"Exceptional Events\"; \n(c) \naction taken by any government or regulatory body, legal authority, technical delays, \ntechnological malfunction, loss of data and records, destruction of hardware; \n(d) \naction taken by us as a result of a breach of the Agreement by you; \n(e) \nact or omission of any third party including for any information provided by a third party; \n(f) \naction taken by us as a result of Applicable Law; \n(g) \ndamage, costs, loss, liability, claims for compensation, or expense incurred or suffered by you, \ndirectly or indirectly under or in connection with this Agreement; \n(h) \ndamage, costs, loss, liability, claims for compensation, or expense incurred or suffered by you, \ndirectly or indirectly, under or in connection with trading on a digital platform as set out in \nclauses 5.6 or 5.7 above, and 25.3 and 33.6 below; and \n(i) \ndamage, costs, loss, liability, claims for compensation, or expense incurred or suffered by you, \ndirectly or indirectly, under or in connection with any planned or essential maintenance to our \nsystems, which includes the eToro trading platform. \n25.2 \nNotwithstanding the above: \n(a) \nwe be liable for your losses only to the extent your loss is due to our gross negligence, wilful \ndefault, and/or fraud; and \n(b) \nnothing in this Agreement shall exclude or limit our liability or responsibility to you for any \nliability that cannot be excluded or limited under Applicable Law. \n25.3 \nThe Services, our platform, and the information we provide in the eToro Community and on our platform, \nare provided \"as is\" and \"as available\", without any representation or warranty of any kind, including \nthat it will be without interruption, error free, or will meet your individual requirements, or compatible \nwith your hardware or software, except as otherwise set out in this Agreement. \n26. \nClosing or blocking access to your eToro account and/or Services \n26.1 \nYou can close your eToro account at any time by sending us an email. Your eToro account will be closed \nwithin the seven days after we receive your email. You may also close your eToro account via the \nsettings section of our platform. \n26.2 \nWe will execute as well as close (as applicable) any orders which you have placed before requesting to \nclose your account in accordance with clause 26.1 above. We may, in our discretion, permit you to \nplace new orders during the seven-day period, and will subsequently execute and/or close (as \napplicable) such orders before the seven-day period expires. You will need to pay the associated fees \nfor any orders which we execute or close. \n26.3 \nIf you have trades which are open, you should close these trades. Otherwise, we will close all of your \ntrades when we close your eToro account. If this causes you to lose money, we will not be responsible. \n \n \n\n \n21 \n \n26.4 \nWe may also freeze, block, or terminate our Services and/or your eToro account if: \n(a) \nwe decide to stop providing you with Services; \n(b) \nwe require you to provide us with information under clause 12 – \"How to open, and maintain \nyour eToro account\", and/or clause 38 – \"Regulatory reporting\", to enable us to comply with \nour obligations under Applicable Law and/or internal procedures, and you cannot or do not \nprovide us with the information, or the information you provide to us is inaccurate, incomplete \nor misleading; \n(c) \nyou breach the rules of trading. We explain our rules of trading in clause 23 - \"Rules of trading\"; \n(d) \nan \"Event of Default\" occurs. We explain what an Event of Default is in clause 28 – \"Event of \nDefault\"; and/or \n(e) \nan \"Exceptional Event\" occurs. We explain what an Exceptional Event is in clause 29 – \n\"Exceptional Events\". \n26.5 \nWe will take reasonable steps to provide you with appropriate notice if we freeze, block, or terminate \nour Services and/or your eToro account. However, there might be times when we are required to freeze, \nblock, or terminate our Services and/or your eToro account without telling you in advance. We will do \nthis if we reasonably believe that there is a security or regulatory risk, you have breached the \nAgreement, there is an Exceptional Event, we are required to do so by Applicable Law or by a regulator, \nand/or there is an application, order, resolution or another announcement in relation to a winding \nup/bankruptcy in which you are involved. \n27. \nRight of set-off, liens, and equitable charges \n27.1 \nTo the extent permitted under Applicable Law, we have the right to deduct (or set-off) any money or \nliability that you owe us from the money in your eToro account, and/or to close your open positions, \nwhether at a loss or at a profit and subsequently liquidate your eToro account for the liability payable \nby you. If you have more than one eToro account, we have the right to set-off any money or liability \nthat you owe us under one eToro account, from the money available in your other eToro accounts, or \nfrom the proceeds of the sale of products that we hold for you in your other eToro accounts. \n27.2 \nTo the extent permitted under Applicable Law, we shall have a general lien and equitable charge on \nthe products that we hold for you and the money in your eToro account, until any money, fees, charges \nand liabilities that you owe to us is paid. Your money will continue to be treated as client money, and \nyour assets will continue to be treated as client assets, in accordance with these Terms and Conditions \nand any applicable Schedules and CySEC rules, until the point in time where there is an \"Event of \nDefault\", and where we subsequently decide to exercise our rights under the general lien and/or \nequitable charge. An Event of Default is defined in clause 28 – \"Event of Default\" below. \n28. \nEvent of Default \n28.1 \nEach of the following will be an \"Event of Default\": \n(a) \nyou fail to pay us within seven days, any fees, charges, and/or liabilities on your eToro account, \nwhere we have requested such payments; \n(b) \nyou enter into liquidation or bankruptcy, whether compulsorily or voluntarily, or a procedure is \ncommenced against you seeking or proposing liquidation or bankruptcy, or you are generally \nunable to pay your debts as they become due (or you confirm so in writing); \n(c) \nyou become subject to an administration order or have a receiver or similar appointment or \norder are made or proceedings commenced in respect of any of your assets; \n(d) \nwe consider it reasonably necessary to prevent what we reasonably consider to be or might be \na violation of any Applicable Law (including but not limited to, market abuse, gaming the system, \nor scalping); \n(e) \nyou, or we reasonably believe that you are in material breach of any term of the Agreement, \nincluding any material misrepresentation to us; and/or \n\n \n22 \n \n(f) \nyou have, or we reasonably believe that you have, acted in an unfair or abusive manner, for \nexample, by breaching the rules of trading set out in clause 23 – \"Rules of trading\". \n28.2 \nIf an Event of Default occurs, unless otherwise prescribed by Applicable Law, we may, in our absolute \ndiscretion, at any time and without prior notice, take one or more of the following steps: \n(a) \nclose out all or any of your open position at current market prices; \n(b) \nexercise the lien or charge that we have on the products that we hold for you and the money \nin your eToro account; and/or \n(c) \nclose your eToro account. \n29. \nExceptional Events \n29.1 \nAn \"Exceptional Event\" includes: \n(a) \nany fire, strike, riot, civil unrest, terrorist act, war or industrial action; \n(b) \nany natural disaster such as floods, tornadoes, earthquakes and hurricanes; \n(c) \nany epidemic, pandemic or public health emergency of national or international concern; \n(d) \nany act or regulation made by a government, supra national body or authority that we believe \nstops us from maintaining an orderly market in relation the instruments traded on the trading \nplatform; \n(e) \nthe suspension or closure of any exchange; \n(f) \nthe nationalisation of any exchange by a government; \n(g) \nthe imposition of limits or unusual terms by a government on any instrument and/or its \nderivative traded on our platform; \n(h) \nthe abandonment or failure of any instrument that we use to make our quotes; \n(i) \nexcessive changes to the price, supply or demand of any product. We may also call an Exception \nEvent where we anticipate this change (within reason); \n(j) \ntechnical failures in transmission, communication or computer facilities including power failures \nand electronic or equipment failures; \n(k) \nthe failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, \ndealer, exchange, clearing house or regulatory organisation to perform its obligations to us; \n(l) \nliquidity providers not providing, or being unable to provide liquidity to us. Liquidity describes \nthe degree to which a product can be quickly bought or sold at a price reflecting its appropriate \nvalue; and/or \n(m) \nan event which significantly disrupts the market, which could include (but is not limited to) the \npremature close of trading in the market of a product, excessive movements in the price, supply \nor demand of a product, whether regulated or unregulated, that our Services relate to. \n29.2 \nIf an Exceptional Event happens, the availability and speed of our service, including our platform, \nwebsite, our execution of your order, the availability of the different functionalities which we may \nprovide as part of our Services including instructions which you may give in respect of a trade, as well \nas any of our obligations under this Agreement may be delayed, may not be available, or may not be \ncarried out. We will not be liable to you for any losses which you incur as a result. \n29.3 \nIf we think, in our reasonable opinion, that an Exceptional Event has occurred or is occurring, we may \nmake the following changes to your eToro account without telling you: \n\n \n23 \n \n(a) \nchange your margin requirements which might mean that you may have to provide more \nmargin (we explain what margin is in Schedule A – Trading CFDs, as well as in Schedule C – \nTrading Cryptoassets in relation to cryptoasset Margin Transactions); \n(b) \nlimit the availability of instructions that you can give in respect of an order or trade; \n(c) \nclose your open transactions at a price that we reasonably think is proportionate; \n(d) \nchange the trading hours for a product; and \n(e) \ncancel all open orders or trades which are affected by the exceptional event. \nIf you lose money as a result, we will not be liable to you. \n29.4 \nWe will use commercially reasonable efforts to resume normal performance of our Services after an \nExceptional Event occurs. \n29.5 \nWe will tell you in writing as soon as possible that an Exceptional Event has occurred. \n30. \nAcknowledgements, representations and warranties \n30.1 \nYou acknowledge, represent and warrant that: \n(a) \nyou are over 18 years old, and have capacity to enter into this Agreement; \n(b) \nyou are eligible to enter a legally binding agreement with us in accordance with the laws \ngoverning the jurisdiction applicable to you. \n(c) \nyou are solely and completely responsible for your own compliance with Applicable Law in your \njurisdiction including, without limitation, to all exchange control restrictions that may be \napplicable to you and that you have obtained any necessary exchange control approval; \n(d) \nyou have all necessary consent and the authority to enter into this Agreement and /or use the \nServices; \n(e) \nif you are a body corporate, unincorporated association, trust or partnership you are validly \nexisting in accordance with Applicable Law and have obtained all necessary consent and \nauthorisations under your constitutional or organisational documents; \n(f) \nexcept where we have agreed otherwise in writing, you act on your own behalf and not as the \nagent, attorney, trustee or representative of any other person; \n(g) \nall information and documents that you supply is true, accurate, complete and not misleading; \n(h) \nyou are not an employee of any exchange, a corporation in which any exchange owns a majority \ncapital stock, a member of any exchange and/or firm registered on any exchange or any bank, \ntrust or insurance company that trades in CFDs and/or the underlying assets held by you; \n(i) \nour assessment of your use of the Services is performed on the basis of the information and \ndocuments provided by you and we may rely upon information and documents provided by you \nand we are not responsible for any damages or losses which may arise from any inaccuracies; \n(j) \nyou will only access and use our Services for your own personal benefit; \n(k) \nneither the entry into this Agreement, or use of the Services, or the giving of any other \ninstruction will violate any law, rule, or regulation applicable to you; \n(l) \nall money that you use and invest through the Services do not originate in any way from drug \ntrafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could \nbe considered unlawful by any relevant authority; \n(m) \nyou have not and will not upload or transmit any malicious code to the eToro platform or \notherwise use any electronic device, software, algorithm, and/or dealing method or strategy \nthat aims to manipulate any aspect of the eToro platform or the Services; and \n\n \n24 \n \n(n) \nyou will use the Services offered by us pursuant to this Agreement honestly, fairly and in good \nfaith. \n30.2 \nIf you breach any warranty or representation made under this Agreement, we may close any orders or \ntrades that you have made, and/or close or freeze your eToro account. You will also may be required \nto fully indemnify us due to any contraventions by you of Applicable Law. \n \n \n\n \n25 \n \nPART 4 – GENERAL LEGAL TERMS \n31. \nBereavement \nIf you die or become incapacitated and your legal heirs or representatives want to withdraw any \nremaining balance in your eToro account, they must provide us with official duly-authenticated legal \ndocuments from the applicable authorities in the relevant jurisdictions. We will only allow your legal \nheirs or the representatives to withdraw your money after we check such documents, and are satisfied \nthat he / she has the authority to do this. \n32. \nAssignment and novation \n32.1 \nWe may assign, transfer and/or novate these Terms and Conditions and/or any of our rights and/or \nobligations to another appropriately regulated firm. We will tell you 15 days in advance if we do this. \nWe will use reasonable endeavours to ensure that your rights under the assignment and/or novation \nwill be similar to your rights under the Terms and Conditions and Schedules with us. We will treat you \ncontinuing to use the Services as you agreeing to the assignment and novation, but you can cancel \nyour eToro account with us at any time. \n32.2 \nYou may not assign, transfer, and/or novate these Terms and Conditions and/or any of your rights \nand/or obligations to another person, whether by operation of law or otherwise, or whether on a \npermanent or temporary basis without our prior written agreement. \n33. \nChanging the Terms and Conditions and/or our Services \n33.1 \nOur customer support team are not authorised to amend or waive any term in these Terms and \nConditions. \n33.2 \nWe may make changes to these Terms and Conditions from time to time. For example, we might need \nto add new terms, or amend existing terms to reflect changes in: \n(a) \nour business, Services or products or how we provide them; \n(b) \nthe systems we use; and/or \n(c) \nApplicable Law or regulation or industry recommendations. \nWe may also make changes for reasons not set out here. \n33.3 \nIf we add a new term or change an existing term in these Terms and Conditions, we will take reasonable \nsteps to provide you with appropriate notice, including via our website. You will be deemed to accept \nand agree to the changes if you continue to use the Services after the publication of any changes. We \nwill treat you continuing to use our Services as you agreeing to the changes, but you can cancel your \neToro account with us at any time. \n33.4 \nThere might be times when we don't tell you about a change to these Terms and Conditions, for \nexample, if a change does not disadvantage you. \n33.5 \nA copy of the most up to date version of these Terms and Conditions are available on our website. \n33.6 \nWe may modify, suspend or discontinue, temporarily or permanently, all or any part of our Services \nwith or without notice. We reserve the right, at any time and for any reason, to discontinue, redesign, \nmodify, enhance, change, patch the software, the eToro platform, and/or the Services, including \nwithout limitation, the structure, specifications, 'look and feel', navigation, features and other elements \nof the software and/or the Services or any part thereof. You agree that we will not be liable to you or \nto any third party (for whom you may be acting) for any modification, suspension or discontinuance of \nall or any part of our Services. \n34. \nSeverability \nIf any court or relevant authority finds any part of these Terms and Conditions to be invalid or \nunenforceable, the remaining parts of the Terms and Conditions and Schedules will remain in full force \nand effect. \n\n \n26 \n \n35. \nIntellectual property \n35.1 \nAll content included in or made available through the Services, including but not limited to all copyright, \ntrademarks, patents, service marks, domain names, trade names, rights in designs, software code, \nicons, logos, characters, layouts, rights in know-how, trade secrets, buttons, colour scheme, graphics \nand other intellectual property rights (\"IP\") is the property of eToro Europe, its affiliates or its licensors \nand is protected by local and international intellectual property laws and treaties. \n35.2 \nSubject to the terms and conditions of this Agreement, we hereby grant you a limited licence to install \nand use the eToro platform, solely for your personal use and benefit in accordance with the terms of \nthis Agreement. \n35.3 \nYou may not, without our prior written consent or except where granted under these Terms and \nConditions: \n(a) \nmodify, copy, display, distribute or commercially exploit any IP or materials (including text, \nvideo, audio or user interface design) in the content of any of the Services, including in the \ntrading platform; \n(b) \nremove any proprietary notices from any IP; \n(c) \nattempt to derive any source code for the trading platform; and \n(d) \nattempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system \napplied to or used as part of the Services. \n35.4 \nThe use of the Services does not grant you any rights other than those granted to you under these \nTerms and Conditions. Nothing contained on our websites or any communications to you shall be \nconstrued as granting, by implication or otherwise, any licence or right to use any IP without our prior \nwritten consent. \n35.5 \nIf you create a hyperlink to one or more of our websites, the hyperlink and context in which it is used \nmay not, without our prior written consent, suggest an endorsement, sponsorship or affiliation with \neToro Europe, its affiliates or Services, and may not make use of any of our IP other than that contained \nwithin the text of the hyperlink. \n35.6 \nYou agree to: \n(a) \nuse all your efforts to protect our IP from being infringed by you; \n(b) \nnot knowingly or recklessly encourage or assist any third parties to infringe our IP; and \n(c) \nimmediately notify us if you become aware of any violation or suspected violation of our IP, or \nwhere our IP is being used in a manner not authorised by these Terms and Conditions. \n35.7 \nIf any third party software is included within the eToro platform, then such third party software shall \nbe provided subject to the terms of this Agreement. You shall fully comply with the terms of any third \nparty software licences that we provide you with from time to time. Please note we do not provide \nsupport for third party software or information provided thereon. \n35.8 \nShould this Agreement be terminated for any reason, your license will be revoked and you must cease \nusing the eToro platform, as well as any third party software which is included within the eToro platform. \n35.9 \nPlease inform us in writing if you encounter any problems with the eToro platform, or have any \nsuggestions for modifications and improvements. We may make modifications to the eToro platform \nbased upon your suggestions, but are not required to do so. Any modifications and improvements made \nto the eToro platform based on your feedback shall be our and our licensors' sole property. \n \n \n\n \n27 \n \n36. \nPersonal data and privacy \n36.1 \nWe are committed to handling information about you responsibly. By entering into this Agreement, you \nagree that you have been provided with a copy of our Privacy Notice, which is also available on our \nwebsite. We will use your personal data as set out in our Privacy Notice, if you have any questions \nabout the way in which we use your personal data you can contact us at [email protected] as well as \nset out in the Privacy Notice. \n36.2 \nWhen you open an eToro account, your username, your name, your picture/avatar (if provided), list of \nusers who follow you, users who copy you, list of users you follow or copy, and any status/posts/blogs \nand any other content which you post on the eToro Community can be seen by other traders. You can \ncontrol who sees this information by managing your privacy settings in your eToro account. \n36.3 \nIf you use one of our applications provided via social networks (such as Facebook, Twitter, G+ etc.), \nour application will have access to your social network account general information which includes your \nname and username in such social network, profile picture, and any other information you have shared \nwith 'everyone' on the relevant social network. Additional information may be collected in specific social \nnetworks campaigns which will be specified in the terms and conditions applicable to such campaign. \n36.4 \nWe and our affiliates and agents may collect, store and process information from you or otherwise in \nconnection with the Services for the purpose of complying with Applicable Law and/or regulation, \nincluding disclosures to governmental authorities. To comply with our legal or regulatory obligations \nwe may transfer your personal data outside of the EEA. For further information about transfers of your \npersonal data outside of the EEA, please see our Privacy Notice. \n37. \nMarketing and promotions \n37.1 \nAll promotions which we offer will have specific terms and conditions which apply to that promotion. \nWe can change, or stop providing a promotion, in accordance with the terms and conditions of that \npromotion. Any benefit which is part of a promotion will only apply once per eToro account, person, \nhousehold and/or any environment where computers are shared. \n38. \nRegulatory reporting and disclosures \n38.1 \nIn the case of a limit order in shares admitted to trading on a regulated market which are not \nimmediately executed, you expressly consent to eToro not facilitating the earliest possible execution of \nthat order by making it public in an easily accessible manner. \n38.2 \nWhere we are subject to reporting obligations under Article 9 of European Market Infrastructure \nRegulation No. 648/2012 on derivatives and all related delegated, supplementing or successive \nregulations EMIR, as amended (\"EMIR\") and under applicable CySEC rules, we have delegated certain \nreporting functions to a third party processor. In addition, you agree and instruct us to perform \ndelegated reporting services for you, as we see fit, in accordance with EMIR. You agree to provide us \ninformation which we request to enable us to comply with our obligations under EMIR. \n38.3 \nWhere we are subject to report details of transactions and details about you to a regulator, pursuant \nto Regulation No. 600/2014 (\"MIFIR\"), also known as \"transaction reporting\", you agree to provide \nus information which we request to enable us to comply with our obligations. \n38.4 \nThe parties hereby expressly consent to the transfer of information to the extent required in order to \ncomply with the reporting obligation in accordance with Article 9 EMIR and the applicable CySEC Rules. \nSuch transfer of information will entail the disclosure of transaction data, including the portfolio data, \nthe value determined for the transactions, collateral posted and the identity of the parties. The \ndisclosure shall be made to a trade repository, European Securities and Markets Authority (\"ESMA\") \nand/or a delegated third party processor. The trade repository or ESMA may pass such information to \nnational supervisory authorities in countries where the data privacy laws do not afford the same \nprotection as provided in the Republic of Cyprus. \n38.5 \nWe will not assist you with any reporting obligations which you are required to carry out under \nApplicable Law. This includes, but is not limited to regulatory reporting, tax reporting, the reporting of \nthe receipt or the payment of specific currencies. \n \n \n\n \n28 \n \n39. \nTaxation \nAll amounts extracted from your account are gross amounts, meaning that we have not collected, \ndeducted, or paid any taxes for you or on your behalf. It is your responsibility to calculate and pay all \napplicable taxes that you owe as a result of your trading activity on the eToro platform. However, we \nmay withhold and deduct at source any taxes due under Applicable Law at our sole discretion. You will \nhave no claim against eToro Europe where we have made such a deduction. Where necessary, we or \nour affiliates will deduct and report tax deduction on an aggregate basis with respect to all our clients. \nTo the extent you require us to issue your personal report specifying the taxes withheld at source on \nyour behalf, we may debit your account with our cost and expenses in connection with the preparation \nand filing of said reports including any re-submissions and late charges. \n40. \nRights of third parties \nA third party will not be able to benefit from or enforce a term of these Terms and Conditions. \n41. \nApplicable Law and regulation \n41.1 \nThese Terms and Conditions and any orders and trades are subject to all Applicable Law and regulation, \nincluding (but not limited to), the CySEC rules, articles, by-laws, rules, regulations, policies, procedures \nand interpretations of any relevant exchanges, markets and clearing houses in which we may elect to \nhedge any trades; and any other applicable regulatory, self-regulatory or governmental authority \nrequirements (\"Applicable Law\"). \n41.2 \nWe will not be liable to you for any action, inaction, decision or ruling made pursuant to Applicable Law. \nWe may also take or omit any action that we consider reasonable to comply with Applicable Law. \n41.3 \nAny reference to a person in these Terms and Conditions shall include bodies corporate, unincorporated \nassociations, trusts, partnerships and individuals. \n42. \nGoverning law and jurisdiction \nThe laws of Cyprus apply to these Terms and Conditions and Schedules between you and us. Any claim \nyou make against us can be heard in the courts in Limassol, Cyprus. \n \n \n\n \n29 \n \nSCHEDULE A – TRADING CFDS \nThis Schedule A sets out the specific terms that will apply to you when you trade CFDs on the eToro platform. \nIn addition, the terms of Appendix 1 of this Schedule A will apply to you when you trade CFDs in relation to \ncryptoassets. The terms in this Schedule A (including Appendix 1 if applicable) apply to you in addition to the \nGeneral Terms and Conditions, which apply to all of our services and not just to CFD trading. Capitalised words \nin this Schedule A will have the same meaning which are given to those word in the General Terms and Conditions. \nIf a term of this Schedule A conflicts with or differs from a term in the General Terms and Conditions, this \nSchedule A will apply. \n \n1. \nWhat is CFD trading? \nA contract for difference (\"CFD\") is a financial product which allows you to trade on the price \nmovements of an underlying product for example shares, forex, indices, commodities, or cryptoassets. \nWhen you trade a CFD, you are agreeing to exchange the difference in the price of an underlying \nproduct from the point in time when your position is opened to when it is closed. \n2. \nOur CFD trading service \n2.1 \nWe may act as principal or on a matched principal basis when providing you with the CFD Trading \nServices. This means we will be the counterparty to your trades. \n2.2 \nWhere you buy and sell complex products, such as CFDs, we are required to assess the appropriateness \nof the product by taking into account your trading knowledge and experience (\"Appropriateness \nAssessment\"). Please refer to clause 3 of the General Terms and Conditions for more information on \nhow we carry out the Appropriateness Assessment. \n2.3 \nIf we have assessed that our CFD trading service is not appropriate for you, we will either: \n(a) \nprovide you with an appropriate warning, after which you may decide to continue at your own \nrisk; or \n(b) \nblock the CFD trading functionality on your account, so that you will not be able to trade CFDs \non the eToro platform. \n2.4 \nWe allow you to trade CFDs using leverage. Trading with leverage means you can make money quickly, \nbut you can also lose money quickly. You can find out more about what leverage is, the risks of trading \nCFDs, and the risks of leverage in paragraph 4 - \"The key risks of CFD trading\", paragraph 7 – \"Using \nleverage and margin\", the General Risk Disclosure, and on our website. \n2.5 \nIf you are a retail client, we will make sure that you do not lose more money than what you have \ndeposited into your account when you trade CFDs, as required under any Applicable Law. This is called \n\"negative balance protection\". \n2.6 \nAdditionally, if you are a French resident, we will make sure that you do not lose more money than \nwhat you have deposited for a CFD trade, as required under any Applicable Law. \n3. \nLimitations to our CFD trading service \nWhen you trade a CFD, you will have an economic exposure to the underlying product of the CFD, but \nyou will not have legal ownership of any underlying products. For example, if you trade a CFD over \nshares, you will not have the rights which legal owners have, such as voting rights or rights to dividends. \nHowever, we may carry out adjustments if a \"Corporate Event\" occurs. Please see paragraph 11 – \n\"Corporate Events\" below for more information. \n4. \nThe key risks of CFD trading \n4.1 \nCFDs are complex derivative products and come with a high risk of losing money quickly due to leverage \n(regardless of the underlying product). Trading with leverage magnifies your gains and losses, so small \nprice changes in the underlying product can result in large losses or gains. It is therefore possible that \nyou may lose more than your deposit in a trade. We provide more information on leverage in paragraph \n7 - \"Using leverage and margin\". \n\n \n30 \n \n4.2 \nThe underlying assets of CFDs are often made up of equities, foreign exchange, commodities, \ncryptoassets and similar products. The markets of these products can be volatile, which means the \nprices of the products can change rapidly, and are therefore unpredictable. Trading CFDs in relation to \ncryptoassets may involve higher risk than trading CFDs in relation to other financial instruments. The \nadditional risks associated with trading cryptoasset CFDs are set out in Appendix 1. \n4.3 \nYou should only trade CFDs if: \n(a) \nyou have sufficient and relevant knowledge about or experience in, trading in volatile markets; \n(b) \nyou fully understand how CFDs work (including all associated risks and costs), are aware that \nthe use of margin or leverage creates greater risks; \n(c) \nyou are trading with money you can afford to lose; \n(d) \nyou have a high-risk tolerance; \n(e) \nyou want to gain short term exposure to a product/market; \n(f) \nyou understand that there are situations where we will be able to close out your transactions \nwithout giving you notice or by giving you very short notice; \n(g) \nyou understand that we can change margin requirements at our sole discretion (including in \nrelation to open positions), and that we may give you very short notice of changes to margin \nrequirements or due to an Exceptional Event we may not be able to give you notice at all. We \nwill exercise our right to change margin requirements in accordance with Appliable Law; \n(h) \nyou understand that when margin requirements change, we cannot guarantee that your \nexecution price will match your order price, including where you've placed a limit order, take \nprofit and/or stop loss order; \n(i) \nyou have time to manage your transactions on an active basis and understand that active \nmanagement may be required at short notice: \n(i) \ndue to the volatility of the underlying market, which will be increased as a result of \nleverage; \n(ii) \nas a result of us changing margin requirements, including for open positions (as stated \nabove); and/or \n(iii) \nas a result of us giving you very short notice, or due to an Exceptional Event no notice \nat all, of changes to margin requirements (as stated above); \n(j) \nyou are trading with money you can afford to lose; \n(k) \nyou have a high-risk tolerance; and \n(l) \nyou want to gain short term exposure to a product/market. \n4.4 \nYou should ensure you fully understand the risks involved before using our Services and, if required, \ntake appropriate investment, financial, legal, tax and other necessary professional, independent advice. \nMore information on the risks associated with trading CFDs is set out in our Risk Warning Disclosures. \nYou should read this document and fully understand the risks before entering into this Agreement. \n4.5 \nPlease refer to clause 5 of the General Terms and Conditions, the General Risk Disclosure, our website \nfor more information on the key risks of using our services. \n5. \nBest Execution \nWe are bound to comply with our Best Execution and Order Handling Policy when executing your trades. \nPlease refer to clause 6 of the General Terms and Conditions for information on how we comply with \nour best execution obligations to you. \n \n \n\n \n31 \n \n6. \nConflicts of interest \n6.1 \nWe are required to act in your best interest when providing our services. However, there may be \ninstances where your interest conflicts with our interests, or with another client's interest. For example, \nwith respect to CFD trading: \n(a) \nwe set both the sell price and the buy price of CFDs, both of which are quoted on our platform; \nand \n(b) \nwhen you enter into a CFD transaction, we may or may not purchase or sell the underlying \nproduct. If we buy the underlying product, we may have rights, for example voting rights if we \nare a shareholder, which we can exercise without notifying you. \n6.2 \nPlease refer to clause 7 of the General Terms and Conditions for more information on the conflicts of \ninterest that may apply to our services. \n7. \nUsing leverage and margin \n7.1 \nWe allow you to trade CFDs using leverage. Leverage is a form of borrowing which allows you to deposit \nonly a part of the cost of your transaction upfront. This deposit is called \"margin\" and is used by us as \nsecurity against any potential losses you may incur. The more leverage you use, the less margin you \nneed. Money being used as margin cannot be taken out of your account. \n7.2 \nDifferent amounts of leverage apply to different underlying products. Applicable Law sets maximum \nleverage amounts (and therefore the minimum margin requirement) that we can offer. However, we \ncan decrease the leverage (and therefore increase the margin requirement) as well as change the \nleverage (and therefore change the margin requirement) we offer at any time, so long as the leverage \ndoes not exceed the maximum leverage amount, including with respect to open positions as stated in \nparagraph 4.3(g) above. The amount of leverage which you can access at a particular point in time can \nbe viewed on our website. \n7.3 \nIf you are a retail client, we are required by law to limit the amount of leverage that you can apply to \ncertain transactions and set a minimum margin requirement. Professional clients will not be subject to \nthese restrictions. The nature of these restrictions will depend on where you are resident, and are likely \nto vary depending on the underlying asset that you are trading. Where transactions were executed \nwith a leverage or margin that is no longer permitted in the country where you live, we may close any \nor all of your open positions without further notice to you and we may also close your eToro account. \nThis may result in a profit or a loss to you. \n7.4 \nWe will calculate your margin on a position by position basis. The money available as margin on a \nposition, cannot equal less than 50% of the money that you might lose on that open position at any \ntime. Where you do not have enough margin available, we may require additional margin to secure \nyour trades. The amount of money that you must have available as a margin can be viewed on our \nwebsite. \n7.5 \nIt is your responsibility to monitor the money in your account against your potential losses, the margin \nrequired, and whether your position is close to your stop level, as we will not notify you when this \nhappens. If you do not have enough money in your eToro account to meet the margin requirement on \na certain position, you should: \n(a) \nclose your open position to stop you losing more money; \n(b) \npartially close your positions; and/or \n(c) \nadjust your stop levels. The ability to adjust your stop levels is subject to you having the \nappropriate funds in your account. \n7.6 \nUnless you carry out one or more of the above steps, your trade will be closed irrespective of the total \nmoney available in your eToro account or the performance and balance of your other open positions. \nYour trade will be closed without prior notice to you and without an opportunity for you to choose the \ntiming of liquidation. We may but are not obligated to, in our sole discretion, allow you to add funds \ninto the position to avoid any forced liquidation of your cryptoassets. \n\n \n32 \n \n7.7 \nWe may change our margin requirements and leverage ratio as detailed in paragraphs 4.3(g) and 7.2. \nOne margin demand does not preclude another. Any amount needed to meet the new requirements \nmust be satisfied in the currency we specify. The adjustment should be made immediately unless we \nspecify a future date and/or time by which the adjustment must be made. \n8. \nPlacing an order \nPlease refer to clause 18 of the General Terms and Conditions for information on how you may place \nan order and provide trading instructions on the eToro platform. \n9. \nClosing your orders automatically \n9.1 \nWe may close your orders where you have placed a stop loss on your CFD trade, and the stop price \nhas been reached. \n9.2 \nWe may close your orders and trades where you do not have the required margin in your account or \nyou do not meet the margin requirements, as described in paragraph 7.1 above. We may do this \nwithout further notice to you, and you may make a profit or a loss as a result. \n9.3 \nWe may also close your orders in special circumstances, as described in paragraph 11 – \"Corporate \nEvents\" below, as well as due to an Exceptional Event, as defined in clause 29 of the General Terms \nand Conditions. \n9.4 \nPlease also refer to clause 19 of the General Terms and Conditions for information on other situations \nin which we may close your orders. \n10. \nFees and costs \n10.1 \nPlease refer to clause 21 of the General Terms and Conditions for information on the fees and costs \nwhich apply to all transactions on the eToro platform. \n10.2 \nAs detailed on our website and in clause 21 of the General Terms and Conditions, where you trade \nCFDs, we will charge or credit your account with an overnight fee/credit each time you keep a position \nopen after trading hours, including on public and bank holidays. If you keep your position over the \nweekend, we will charge/credit you for three nights for positions carried over. The overnight fee/credit \nwill be taken/added out of the available balance in your eToro account. How the overnight fee/credit is \ncalculated will be different depending on your underlying product, the amount of leverage being utilised, \nand whether you are entering into a buy or a sell trade. Our overnight fees/credits are subject to \nchange and can be viewed on our website, and the overnight fee relevant to your order will also be \ndisplayed to you when you open a position and on our fees page. \n11. \nCorporate Events \n11.1 \nA \"Corporate Event\" is something which will result in a change to one or more financial instruments. \nExamples of Corporate Events include, but are not limited to, share consolidations, share splits, \nreorganisations, mergers, take-over offers (and similar), name changes and rebranding, dividend \ndistributions, insolvency, delistings and changes to Applicable Law or regulation. \n11.2 \nIf a Corporate Event impacts the underlying product of a CFD in your eToro account, we will use \nreasonable endeavours to adjust the open positions on that CFD, in a fair way and in accordance with \nmarket practice, and/or taking into account the treatment we may receive from our counterparties or \nany relevant third party and the deduction of any taxes applicable. The adjustments we carry out will \ndepend on the circumstances of each event, and is according to our sole discretion, however we are \nnot obliged to do this. Adjustments may include changing the price or the quantity of CFDs that you \nhave in your account to reflect the economic rights that you had prior to the Corporate Event occurring. \n11.3 \nNotwithstanding paragraph 11.2 above, we reserve the right to close any open CFD positions where \nthe underlying product is impacted by a Corporate Event (including delistings and insolvency) in a fair \nway and taking into account the treatment we may receive from our counterparties and/or any relevant \nthird party. In this respect we may make any required adjustment (price, quantity or any other \nadjustment) resulting from the Corporate Event as may be applicable. We may close your open \npositions prior to or following such Corporate Events, at our sole discretion. \n\n \n33 \n \n11.4 \nPlease refer to Part 3 of the Terms and Conditions for more information about our rights and your rights \nin special circumstances. \n \n\n \n34 \n \nAppendix 1 \nTrading CFDs in relation to Cryptoassets \n1. \nThe cryptoasset CFD trading service \n1.1 \nOur services may allow you to trade CFDs in relation to cryptoassets using leverage which is subject to \nthe terms of Schedule A and this Appendix 1. Our services may also allow you to trade cryptoassets \nusing leverage which is subject to the terms of Schedule C instead. \n1.2 \nIf the transaction you enter into is a CFD in relation to cryptoassets, this will be specified on the \ntransaction platform and/or your account statement. \n2. \nThe key risks of trading cryptoasset CFDs \n2.1 \nIn addition to the key risks of trading CFDs as set out in paragraph 4 of Schedule A, the below key \nrisks apply in relation to trading cryptoassets CFDs. \n2.2 \nAs stated in paragraph 4 of Schedule A, CFDs are complex derivative products and come with a high \nrisk of losing money quickly due to leverage (regardless of the underlying product). Cryptoassets are \nvolatile products, which means the prices of the products can change rapidly, and are therefore \nunpredictable. The price fluctuation of cryptoassets, in combination with the use of leverage, means \nthat your trades in cryptoasset CFDs may significantly increase or decrease in value at any given \nmoment, and this may result in a loss of all the capital you have invested in such cryptoasset CFD \ntransaction. Therefore, cryptoasset CFDs come with an even higher risk of losing money. \n2.3 \nAs stated at paragraph 4 of Schedule A, you should only trade CFDs if you have sufficient time to \nmanage your transactions on an active basis. This is even more important when trading cryptoasset \nCFDs, due to the volatility of the underlying cryptoassets, in combination with the use of leverage. If \nthe market moves against your position, you may be called upon by us to provide a substantial amount \nof additional margin funds, without notice or on very short notice, in order to maintain your position. \nIf you do not provide the required funds within the time required by us, your position may be liquidated \nat a loss. \n2.4 \nOther important risks when trading cryptoassets CFDs are: \n(a) \nparticularly during periods of high volume, illiquidity, fast movement or volatility in the \nmarketplace for any cryptoassets, the actual market rate at which a market order or trade for \na cryptoasset CFD is executed may be different from the prevailing rate indicated via the CFD \ntrading services at the time of your order or trade; \n(b) \nthe actual market rate at which a market order or trade for a cryptoasset CFD is executed may \nbe different from the rate that is displayed on the eToro platform at the time that you make \nyour order, if prices are fluctuating substantially; \n(c) \ncryptoassets are a unique kind of product, backed by technology and trust, unlike most \ncurrencies, which are backed by governments or other legal entities, or by commodities such \nas gold or silver. This means there is no central bank that can take corrective measure to \nprotect the value of cryptoassets, and therefore the value of cryptoasset CFDs; \n2.5 \nas cryptoassets are virtual products, they may become 'delisted' or unsupported at any time, which \nmeans they may no longer be offered for sale or exchange on markets. If this happens, the CFDs which \nreference those delisted cryptoassets may become worthless. Please refer to paragraph 3 – \"Our rights \nand your rights in special circumstances. \n(a) \nOur rights and your rights in special circumstances\" for further information on how we \nmay treat positions in such events; and \n\n \n35 \n \n(b) \ncryptoassets are operated by underlying software protocols. We do not own or control the \nsoftware underlying the cryptoassets in respect of which cryptoasset CFDs are available for \ntrading on our platform. In general, the underlying software protocols are 'open source', which \nmeans anyone can use, copy, modify, and distribute them. The underlying protocols which \ngovern cryptoassets are subject to sudden changes in operating rules, known as \"Forks\". Forks \ncan materially affect the way in which cryptoassets are value, and therefore the way in which \nCFDs which reference those cryptoasset are valued, and can create extreme price volatility. We \nexplain your rights and our rights if a fork occurs in more detail in paragraph 3 – \" Our rights \nand your rights in special circumstances\". \n2.6 \nYou should carefully consider whether trading cryptoasset CFDs is suitable for you, in light of your \nfinancial circumstances. You should ensure that you fully understand how cryptoassets and CFDs work \n(including all associated risks and costs), and are aware that the use of margin or leverage when \ntrading CFDs in relation to cryptoassets creates even greater risks than the use of margin or leverage \nwhen trading CFDs in relation to other underlying products. \n3. \nOur rights and your rights in special circumstances \n3.1 \nWe reserve the right to close any open cryptoasset CFD positions, in a fair way and taking into account \nthe treatment we may receive from our counterparties and/or any relevant third party, where the \nunderlying cryptoasset is impacted by any of the following events: \n(a) \nif the underlying cryptoasset is delisted, removed and/or cancelled from any of the exchanges \non which it is listed; \n(b) \nif we reasonably become aware that the underlying cryptoasset is likely to be delisted, removed \nand/or cancelled from any of the exchanges on which it is listed; \n(c) \nif you do not have the required margin in your account or you do not meet the margin \nrequirements. Please refer to paragraphs 7.6, 7.7, and 9.2 of Schedule A; \n(d) \nwe no longer support the trading in such underlying cryptoasset for any reason; \n(e) \nan Exceptional Event has occurred, as defined in clause 29 of the General Terms and Conditions; \nand/or \n(f) \na Fork has occurred in relation to the underlying cryptoasset. \n3.2 \nIf you have placed a cryptoasset CFD order when the market of the underlying cryptoasset is suspended, \nand/or when the market was open, however, your order is triggered shortly following a suspension, \nthen we will execute the applicable order as soon as is reasonable under the circumstances when \ntrading resumes. We do not guarantee that your order will be executed at the first available underlying \nmarket price at commencement of trading or within any specific range compared to other market prices \nwhich may be available to you from other sources. We are not liable for any loss or for other claims \nwhich you may have in connection with such orders. \n3.3 \nWhen trading cryptoasset CFDs, you acknowledge and agree that we are not responsible for the \noperation of the underlying protocols and that we make no guarantee of their functionality, security, \nreliability or availability. You also acknowledge and agree that we have no responsibility or liability in \nrespect of an unsupported branch of a forked cryptoasset. \n3.4 \nWhen a Fork occurs, there may be substantial price volatility around the event, and we may temporarily \nsuspend trading of CFDs which reference the forked cryptoasset on the eToro platforms (with or without \nadvance notice to you). We may then, at our discretion: \n(a) \nconfigure or reconfigure its systems; \n(b) \ndetermine which of the forked cryptoassets has the majority consensus behind it and offer an \nalternative cryptoasset CFD on our trading platform; and/or \n(c) \ndecide not to support (or cease supporting) the impacted cryptoasset CFD entirely. \n\n \n36 \n \n3.5 \nIn the event that a situation arises that is not covered under Schedule A, or the General Terms and \nConditions, we will resolve the matter on the basis of good faith and fairness and, where appropriate, \nby taking such action as is consistent with market practice. \n3.6 \nPlease refer to Part 3 of the General Terms and Conditions for more information about our rights and \nyour rights in special circumstances across all our services. \n \n \n\n \n37 \n \nSCHEDULE B – INVESTING IN SECURITIES \nThis Schedule B sets out the specific terms that will apply to you when you invest in securities on the eToro \nplatform. The terms in this Schedule B apply to you in addition to the General Terms and Conditions, which \napply to all of our services and not just securities trading. Capitalised words in this Schedule B will have the \nsame meaning which are given to those word in the General Terms and Conditions. If a term of this Schedule B \nconflicts with or differs from a term in the General Terms and Conditions, this Schedule B will apply. \n1. \nOur securities trading service \n1.1 \nYou can buy and sell shares and units in exchanged traded funds (\"ETFs\") on our platform, as well as \nother securities that we may offer from time to time. \n1.2 \nWe may act as principal or on a matched principal basis when providing you with the securities trading \nservices. This means we will be the counterparty to your trades. \n1.3 \nThis Schedule only applies to buy transactions made without leverage, including trades made in \naccordance with our copy trading service (both CopyTrader and CopyPortfolio transactions) which are \nindicated as such on the trading platform. Therefore, our security trading services are differentiated \ndepending on type of position you enter into, which country you reside in, and the market where the \nsecurity is traded. As a result, some particular types of trade involving securities may not be carried \nout through our securities trading service and will instead be carried out as CFD trades. We have \nincluded a full list of these trades and what alternative service will be used at Appendix 1 to this \nSchedule B. Your account statement will include an indication of the type of transaction. \n1.4 \nWhere you buy and sell non-complex products, for example, shares, we are not required to assess the \nappropriateness of the product or service that we provide to you and in such case, you will not benefit \nfrom the protection of the CySEC rules on assessing appropriateness. \n1.5 \nSecurities such as shares are held in custody. Please see paragraph 9 – \"Custody\" below for more \ninformation. \n1.6 \nWe may be required to give your details (including your email address) and details of your shareholding \nto the company registrars. By trading securities on our platform, you consent to us providing your \nidentifying information to any requesting service provider of the company. \n2. \nLimitations to our securities trading service \n2.1 \nWe may provide factual market information and information in relation to any securities at your request. \nHowever, we are not obliged to disclose such information to you and, if we do supply this information, \nit does not constitute investment advice. \n2.2 \nWe will not be liable to you for any act or omission of any such third-party including but not limited to \ninformation provided by such third-party, except where we have acted negligently, fraudulently or in \nwilful default in relation to the appointment of the third-party. \n2.3 \nThe eToro trading platform is not an exchange or a market. This means that you can only enter into \ntrades and investments with us on the platform, and not third parties. Therefore, our services are \nlimited to you buying a security on our platform, and selling that security on our platform. You will not \nbe able to transfer the securities out of your eToro account, including for the purposes of selling that \nsecurity on another platform or to another person. \n2.4 \nWe do not permit \"US persons\" (as defined by the Internal Revenue Service \"IRS\") to invest in \nsecurities on our platform. If we allow you to trade in securities and then identify you as a US person, \nwe may close any open positions you may hold and then block or close your eToro account. We may \nalso be required to deduct US withholding tax on income and gross proceeds from your investments in \nlisted US securities on our platform. \n2.5 \nIf you are not a US person, we will ask you to sign a W-8BEN form before we accept an order from you \nto invest in shares which are listed in the US. If you have not previously provided us with a valid W-\n8BEN, and you already hold US shares, we will ask you to complete a W-8BEN. If you do not return the \nsigned and completed W-8BEN form before the date we specify, we reserve the right to sell your US \nshares. You have an ongoing obligation to inform us if you are no longer eligible for W-8BEN status. \n\n \n38 \n \n2.6 \nWe will apply the default rate of taxes applied by the relevant tax authorities. \n3. \nThe key risks of securities trading \n3.1 \nAll financial products carry risk, and even trading non-complex products, such as securities, will have \na degree of uncertainty. The securities markets can be volatile, which means the prices of the securities \ncan change rapidly, and therefore are unpredictable, which means that securities dealing is not suitable \nfor everyone. \n3.2 \nYou should ensure you fully understand the risks involved before using our Services and if required \ntake appropriate investment, financial, legal, tax and other necessary professional, independent advice. \nMore information on the risks associated with trading CFDs is set out in our Risk Warning Disclosures. \nYou should read this document and fully understand the risks before entering into this Agreement. \n3.3 \nPlease refer to clause 5 of the General Terms and Conditions, the General Risk Disclosure, and our \nwebsite for more information on the key risks of using our services. \n4. \nBest Execution \nPlease refer to clause 6 of the General Terms and Conditions for information on how we comply with \nour best execution obligations to you. \n5. \nConflicts of interest \nPlease refer to clause 7 of the General Terms and Conditions for information on how we manage \nconflicts of interest that may apply to our services. \n6. \nPlacing an order \n6.1 \nPlease refer to clause 18 of the General Terms and Conditions for information on how you may place \nan order and provide trading instructions on the eToro platform. \n6.2 \nWe execute your orders as soon as reasonably practicable, but sometimes there will be a delay between \nwhen we receive your order and when we are able to execute it. Where a delay occurs, there may be \na difference between the market price of the securities that you were quoted and the market price on \nthe exchange, which may or may not be to your benefit. The exchange is not required to accept your \norder, and is not required to execute your order at the price that you were quoted. \n6.3 \nEach order that you make is binding on you even where you have exceeded any limit on our platform, \nand you must pay any sums due on any transaction immediately once the transaction has been entered \ninto. \n6.4 \nYou are responsible for monitoring your orders until they are confirmed or cancelled, as we may not \nprovide you with explicit written notification. You should contact us immediately if you are unsure about \nthe status of an order. \n7. \nFees and costs \n7.1 \nPlease refer to clause 21 of the General Terms and Conditions for information on the fees and costs \nwhich apply to all transactions on the eToro platform. \n7.2 \nWe may charge you for the provision by us to you of Market Data which relates to securities. \n7.3 \nAdditional charges may also be incurred by you in the case of delayed or failed settlement of a \ntransaction. Any such amounts will be your responsibility and, where appropriate, will be deducted \nfrom your account. \n8. \nSettlement \n8.1 \nYour security investments will settle in accordance with local markets. This is generally on a T+2 basis. \n\n \n39 \n \n8.2 \nIf you invest in a security, the consideration for the transaction and all applicable fees, charges and \ntaxes for that transaction will be deducted from your account at the time of execution of the transaction. \nThe security will be available for sale on your account prior to settlement of the transaction and your \naccount will reflect this. Should the transaction fail to settle, we may reverse the transaction, return \nany fees, charges and taxes for that transaction and amend your account to reflect the same. \n8.3 \nIn the event of our insolvency, you may not have title to the securities that you have bought on the \neToro platform, where settlement has not yet occurred. This is the case even if the securities which \nyou have bought are shown as available in your eToro account. In these circumstances, you will be \nentitled to the amount that you paid for the securities, which will form part of your client money. Please \nrefer to clause 15 of the General Terms and Conditions for more information on client money. \n8.4 \nWe are not liable for any losses, costs or expenses that you suffer as a result of any delay or change \nin market conditions either before we execute an order or before a transaction settles. \n9. \nCustody \n9.1 \nYou instruct us to arrange for any securities which you have bought on our platform to be held on your \nbehalf until we receive further instruction from you to sell that security. This is called \"custody\", and \nmeans that we will be your \"custodian\". We will hold the securities on your behalf in accordance with \nthe Applicable Law, or may arrange for the custody services to be provided by another company (this \nis called a \"sub-custodian\"). We are not liable for any acts, omissions, insolvency or dissolution of the \nsub-custodian, unless any losses which you incur have been caused by our fraud, wilful default or gross \nnegligence. \n9.2 \nWhen holding such securities on your behalf, we take measures to ensure their protection and for \nsafeguarding your ownership rights, including: \n(a) \nkeeping records and accounts enabling us at any time and without delay to distinguish assets \nheld for you from assets held for any other client and from our own assets; \n(b) \nmaintaining our records and accounts in a way that ensures their accuracy and, in particular \ntheir correspondence to the securities held for you; \n(c) \nconducting, on a regular basis, reconciliations between our internal accounts and records and \nthose of sub-custodians; and \n(d) \ntaking steps to ensure that any securities deposited with a sub-custodian are identifiable \nseparately from any of our assets or any of the sub-custodian's assets. \n9.3 \nDetailed records of all your securities held by the custodian or sub-custodian will be kept by us at all \ntimes to show that your securities are held on your behalf, for your benefit and do not belong to the \ncustodian or any sub-custodian. \n9.4 \nWe exercise all due skill, care and diligence during the selection, appointment and periodic monitoring \nof the sub-custodian and over the arrangements for the holding and safeguarding of the securities. \n9.5 \nWhere your securities are deposited for safekeeping with a sub-custodian, there may be instances, if \nthis is required by the law of the country where the securities are held, that the sub-custodian may \nhave a security interest, lien or right of set-off over your securities enabling such sub-custodian to \ndispose of your securities, in order to recover debts that do not relate to you or the provision of services \nto you. \n9.6 \nYour securities will be pooled together with our other clients' securities (we call this an \"Omnibus \nAccount\") with a third party depositary in the name of eToro Europe on behalf of our clients. In such \ncase, it may not be possible to separate your securities from those of other clients. \n9.7 \nIn the event of the insolvency or any other analogous proceedings in relation to that third party, we \nmay only have an unsecured claim against the third party on behalf of the client, and the client will be \nexposed to the risk that the money received by us from the third party is insufficient to satisfy the \nclaims of the client with claims in respect of the relevant account. We do not accept any liability or \nresponsibility for any resulting losses. \n\n \n40 \n \n9.8 \nThis also means that if we or our third-party nominee becomes insolvent, your securities may not be \nimmediately identifiable by separate certificates, physical documents, or equivalent electronic entries \non the register. Instead any claim will be against the Omnibus Account, and therefore more time might \nbe needed for us to identify which securities are yours, and which belong to a different client. As \nadditional time might be needed, this might increase your risk of losing money. In addition, if there is \nan unreconciled shortfall caused by the default of a custodian, you may share proportionately in that \nshortfall. \n9.9 \nYou agree that because of the nature of Applicable Laws or market practices in overseas jurisdictions, \nit may be in your best interest for your securities to be registered or recorded in our name or in the \nname of the sub-custodian, the nominee or any applicable delegate. If it is not possible for us to do \nthis, then: \n(a) \nyour securities may be registered or recorded in the name of the company/issuer, sub-\ncustodian, the nominee or any applicable delegate as the case may be; \n(b) \nyour securities may not be segregated and separately identifiable from the securities of the \ncompany/issuer, sub-custodian, the nominee or any applicable delegate; and \n(c) \nas a consequence, in the event of a failure, your securities may not be as well protected from \nclaims made on behalf of our general creditors. You should note that when we arrange for a \nthird-party to hold your securities overseas there may be different legal and regulatory \nrequirements than those applied in the Republic of Cyprus. \n9.10 \nYou agree that you will not try to sell, mortgage or otherwise deal in or part with the securities which \nwe hold for you. \n9.11 \nIf you have not instructed us about the securities in your eToro account (e.g. to sell the securities) and \nwe are unable to trace you despite having taken reasonable steps to do so we will stop treating your \nsecurities as client assets after a prescribed period of time, in accordance with Applicable Law. We will \ntry to contact you before we do this. \n10. \nCorporate Events \n10.1 \nA \"Corporate Event\" is something which will result in a change to one or more financial instruments. \nExamples of Corporate Events include, but are not limited to, share consolidations, share splits, \nreorganisations, mergers, take-over offers (and similar), name changes and rebranding, dividend \ndistributions, insolvency, delistings and changes to Applicable Law or regulation. \n10.2 \nIf a Corporate Event impacts a security in your eToro account, we will use reasonable endeavours to \nadjust the securities in your account in a way that is fair and which aligns with market practice, \ndepending on the circumstances of each event and according to our sole discretion, although we are \nnot obliged to do this. Adjustments may include changing the price or quantity of securities in your \naccount, to reflect the economic equivalent of such rights. \n10.3 \nNotwithstanding paragraph 10.2, we reserve the right to close out any open positions impacted by a \nCorporate Event (including delistings and insolvency) in a fair way and taking into account the \ntreatment we may receive from our counterparty and/or any relevant third party. In this respect we \nmay make any required adjustment (price, quantity or any other adjustment) resulting from the \nCorporate Event as may be applicable. We may close out open positions prior to or following such \nCorporate Events, at our sole discretion. \n10.4 \nActions taken by us to adjust the securities in your account after a Corporate Event may create tax \nliabilities for you. We may deduct tax when making adjustments, however it will be your responsibility \nto satisfy these liabilities if we did not make such deduction. We may claim or reclaim tax credits on \ndividends or other income on securities. \n10.5 \nIf you are holding securities, such as shares, which grant you the right to receive a dividend or interest \npayment from a company, provided that you have held such shares prior to and on the relevant ex-\ndividend date, we will pay this money into your eToro account on receipt by us. We may deduct from \nthis payment any applicable tax however it will be your responsibility to satisfy these liabilities if we \ndid not make such deduction. \n\n \n41 \n \n10.6 \nIf the underlying market on which your security is traded is suspended, you will not be able to place \nany sell orders on those securities, and we will not be able to execute any sell orders which you have \nalready placed on those securities until the market recommences trading. We cannot guarantee that \nyour order will be executed immediately when the market recommences trading, and we may be \nrequired to wait until there is enough demand to buy your security. \n10.7 \nWhere a Corporate Event results in a fractional entitlement to part of a security, we will use reasonable \nendeavours to aggregate those fractional entitlements, and sell those fractional securities and credit \nyour account with a cash value which may be subject to certain fees and charges. However, we are not \nobliged to do this. \n10.8 \nWhere a Corporate Event, such as partial redemptions, affect some but not all products held in an \nOmnibus Account, we will use reasonable endeavours to allocate the products which are affected to \nrelevant clients in a fair way and in accordance with market practice. However, we are not obliged to \ndo this. \n10.9 \nWe are not obliged to notify you of or arrange attendance at any annual general meetings or \nextraordinary general meetings applicable to your securities, and/or arrange the exercise of any voting \nrights attaching to securities we hold on your behalf, whether exercisable at an annual general meeting \nor otherwise. We do not enable participation in general meetings or the exercise of any voting rights \nattaching to securities we hold on your behalf. We are also not obliged to inform you of any class action \nor group litigation that is being proposed or taken concerning securities that we are holing on your \nbehalf. We will never take discretionary action to vote securities which we hold on your behalf \nirrespective as to whether we are able to facilitate your voting of such securities. \n10.10 \nWhere Corporate Events affect some but not all securities held in a pooled account, we shall allocate \nthe securities which are affected to relevant clients in a fair and equitable manner as we reasonably \nconsider is appropriate. \n10.11 \nAs we will hold your securities in one or more pooled accounts, you may receive dividends or \ndistributions net of applicable taxes which has been paid or withheld at rates that are less beneficial \nthan those that might apply if the securities were held in your own name or not pooled. \n10.12 \nPlease refer to Part 3 of the General Terms and Conditions for more information about our rights and \nyour rights in special circumstances. \n11. \nEffect of termination \n11.1 \nWhere you terminate your relationship with us and provide us with instructions for closing your account, \nwe will arrange for your securities to be sold as soon as reasonably possible in accordance with this \nSchedule B and the General Terms and Conditions of your account and registration with us. We will \nhold the proceeds of the sale as client money an account in your name. \n11.2 \nWe will charge fees and any other applicable charges and taxes on the sale of your securities. \n11.3 \nWhere securities are sold, you may suffer a shortfall between the amount you invested and the amount \nyou get back after sale. We are not responsible for any shortfall that arises. Any shortfall will be borne \nby you. \n12. \nWe may lend your securities \nYou acknowledge, accept, and expressly consent to us lending any securities held on your behalf to \nany third party. If we receive income or benefits (including stock lending fees and interest on posted \ncollateral), we are not obliged to pass on such income or benefits to you. Where we lend out your \nsecurities, this may limit your ability to exercise voting rights (if any) relating to that security. Such \nlending to the extent conducted, will be offered in accordance with any Applicable Laws. \n \n \n\n \n42 \n \nAppendix 1 \nSituations in which Securities Trading Services are Differentiated \n \nWithout derogating from the generality of paragraph 1.3 above, even though your transaction may relate to \nsecurities, we do not execute the following transactions, through our securities trading service: \n(a) \nsecurities buy transactions carried out using leverage; \n(b) \nall short transactions; \n(c) \nall transactions (including CopyTrader and CopyPortfolio transactions) made by users from \ncertain countries (as a result of any liquidity restriction or regulatory restriction or any other \nreason as shall be determined by us in our sole discretion), as shall be amended from time to \ntime at our sole discretion. Such transactions will be indicated in the trading platform and your \naccount statement as CFD transactions; \n(d) \nall transactions in securities which are listed and traded on certain exchanges, as be determined \nby eToro at our sole discretion. Such transactions will be indicated in the trading platform and \nyour account statement as CFD transactions; \n(e) \ntransactions in specific securities, as shall be determined by eToro us at its our sole discretion. \nSuch transactions will be indicated on the trading platform and your account statement as CFD \ntransactions; \n(f) \ncopy trading (including both CopyTrader and CopyPortfolio transactions) in securities that are \nclassified as CFDs in the account of the copied investor, including any change in such \nclassification from the underlying securities; and \n(g) \nother transactions that we are unable to execute as securities transactions or which are not \nexecuted as securities transactions according to our sole discretion. Such transactions will be \nindicated on the trading platform and your account statement as CFD transactions. \nIn these circumstances, we will execute the trade as a CFD transaction, rather than a security \ninvestment. Therefore, your trade will be governed by the General Terms and Conditions and by \nSchedule A – Trading CFDs, and not by this Schedule B – Investing in Securities. \n \n \n\n \n43 \n \nSCHEDULE C – TRADING CRYPTOASSETS \nThis Schedule C sets out the specific terms that will apply to you when trading cryptoassets on the eToro platform. \nThe terms in this Schedule C apply to you in addition to the General Terms and Conditions, which apply to all \nof our services and not just cryptoasset trading. Capitalised words in this Schedule C will have the same meaning \nwhich are given to those word in the General Terms and Conditions. If a term of this Schedule C conflicts with \nor differs from a term in the General Terms and Conditions, this Schedule C will apply. \n1. \nOur cryptoassets trading service \n1.1 \nA \"cryptoasset\" is a type of decentralised digital currency or asset which is not issued by any central \nbank or issuer. Technological encryption techniques are used to produce units of the currency or asset \nand verify the transfer of units between owners of the cryptoasset. \n1.2 \nWe will act as your agent for your cryptoasset trades. This means that we will instruct a trade to be \nentered into with an executing broker on your behalf. The executing broker may be a third party entity \nor an eToro affiliate or Group entity. \n1.3 \nThe cryptoassets that we offer for trading may change from time to time. To view what cryptoassets \nare \noffered \non \nour \nTrading \nplatform, \nvisit \nour \nwebsite \nat \nhttps://www.etoro.com/discover/markets/cryptoassets. \n1.4 \nOur cryptoasset services are differentiated depending on the type of position you enter into, your \ncountry of residence and the date on which you entered into your position. As a result, some of your \ntrades, including historical open trades, in cryptoassets may not be carried out through our cryptoasset \ntrading service and will instead be carried out as CFD trades. If the transaction you enter into is a \ncryptoasset CFD, this will be specified on the transaction platform and/or your account statement. We \nhave included a full list of these trades and what alternative service will be used at Appendix 1 to this \nSchedule C. \n2. \nInvestor protection and compensation \n2.1 \nSince cryptoassets markets are decentralised and non-regulated, our cryptoassets trading service is an \nunregulated service which is not governed by certain European regulatory frameworks. This means \nthat there is no central bank that can issue more currency or take corrective measures to protect the \nvalue of cryptoassets in a crisis. \n2.2 \nAs cryptoassets are unregulated, when you use our cryptoassets trading service you will not benefit \nfrom the protections available to clients receiving regulated investment services. For example, you will \nnot have access to the Investor Compensation Fund for Customers of Cypriot Investment Firms (\"Fund\") \nor the Financial Ombudsman of the Republic of Cyprus for dispute resolution. \n2.3 \nWe will endeavour to enable you to benefit from rules relating to best execution and safekeeping of \nclient assets to the extent required by applicable rules. \n2.4 \nAs part of the cryptoassets trading service, we may rely on third party service providers (including \naffiliated companies) to buy or hold the cryptoassets on your behalf. Those third parties may be based \noutside of the EEA and/or may be unregulated. \n3. \nLimitations to our cryptoassets trading service \n3.1 \nThe eToro trading platform is not an exchange or a market. This means that you can only enter into \ncryptoasset trades with us on the platform, and not with third parties. You will also not have the right \nto vote, stake (unless otherwise stated by us in accordance with paragraph 10 – \"Staking\"), or \notherwise participate in any events or actions that may occur in relation to the cryptoasset. Therefore, \nour services are limited to you buying and selling cryptoassets on our platform. \n3.2 \nYou may transfer cryptoassets from your eToro account into an eToro X account, as explained in \nparagraph – \"Transfer of cryptoassets\". This service is subject to certain limitations as described in \nparagraph 6 (which may be changed from time to time) and we may choose to revoke it at our sole \ndiscretion subject to a prior notice. \n \n\n \n44 \n \n4. \nPlacing orders \n4.1 \nPlease refer to clause 18 of the General Terms and Conditions for information on how you may place \nan order and provide trading instructions on the eToro platform. \n4.2 \nEach order given by you will be binding on you notwithstanding that by entering into the order as \napplicable, you may have exceeded any limit applicable to you or in respect of your dealings with us. \n4.3 \nWe are not required to accept every order that you make, or if we have accepted your order we are \nnot required to complete/execute every order. For example, we may not accept an order, not execute \nor complete an order, or cancel an order: \n(a) \nfor the reasons set out in clause 19.2 of the General Terms and Conditions; \n(b) \ndue to the size of the order, for example large orders which cannot be filled; \n(c) \nbecause we cease to offer the cryptoasset product; \n(d) \nif you do not have enough margin to fund a leveraged cryptoasset trade; and/or \n(e) \nbecause you exceed any limits applicable to you or in respect of your dealings with us and other \nmatters that affect trading generally. \n4.4 \nAs provided in clause 19.1 of the General Terms and Conditions, you may request to cancel or modify \nan order which we have not executed. However, we cannot guarantee that we will be able to carry out \nyour request. In addition to this clause, we are not liable to you if we are unable to carry out your \nrequest. You acknowledge and agree that: \n(a) \nif an order cannot be cancelled or modified, you are bound by any execution of the original \norder; \n(b) \nattempts to modify or cancel and replace an order can result in an over-execution of the order \nor the execution of duplicate orders. Our systems do not prevent such over-executions or \nduplications from occurring, and therefore you shall be responsible for all such over-executions \nor duplications; and \n(c) \nif you enter a cancellation request, you will confirm that the cancellation has occurred prior to \nentering into any replacement orders. \n4.5 \nYou are responsible for monitoring your orders until they are confirmed or cancelled, as we may not \nprovide you with explicit written notification. You should contact us immediately if you are unsure about \nthe status of an order. \n4.6 \nAs provided in clause 18.6 of the General Terms and Conditions, we cannot guarantee that your \nexecution price will match your order price. This is known as slippage. To be clear: \n(a) \nif you place a cryptoasset order (whether during normal market hours or when the market is \nclosed), you agree to pay or receive the prevailing market price at the time your market order \nis executed. You understand that the price you pay may be significantly higher or lower than \nyou had anticipated at the time you placed the order, and therefore such price movements may \nbe in your favour or against you; and \n(b) \nthere is no guarantee that your order will be filled in full or in part. Where a delay occurs for \nany reason, we will attempt to execute the order as soon as reasonably practicable. You \nacknowledge and accept that the market price of the cryptoasset may have moved during the \ntime between our receipt and acceptance of your order and our attempt to execute order; \n4.7 \nYou acknowledge and agree that we reserve the right to cause any of your cryptoasset orders to be \nrouted for execution to one or more exchanges or off-exchanges, associations, electronic \ncommunications networks or markets according to our sole discretion. \n4.8 \nUnless we agree otherwise, all sums payable by you are due immediately and must be paid on entering \ninto the transaction. \n\n \n45 \n \n5. \nUsing leverage and Margin Transactions \n5.1 \nYou may trade cryptoassets by paying for the trade in full, or we may allow you to trade cryptoassets \nusing leverage for any buy orders (\"Margin Transaction\"). Leverage is a form of borrowing which \nallows you to deposit only a part of the cost of your transaction upfront. This deposit is called \"margin\" \nand is used by us as security against any potential losses you may incur. The more leverage you use, \nthe less margin you need. Money being used as margin cannot be taken out of your account. \n5.2 \nTrading with leverage magnifies your gains and losses, so small price changes in the cryptoasset can \nresult in large losses or gains. It is therefore possible that you may lose more than your deposit in a \ntrade. We provide more information on the risks of trading cryptoassets, including trading cryptoassets \nusing leverage in paragraph 7 – \"The key risks of trading cryptoassets\", the General Risk Disclosure, \nand on our website. \n5.3 \nEligibility to the Margin Transactions shall be determined by us according to our internal procedures \nand requirements and at our sole and absolute discretion. We reserve the right to refuse your ability \nto access Margin Transactions, including generally or on a specific trade by trade basis, and for any \nreason. We may not provide you with prior notice, or an explanation of our refusal. \n5.4 \nThe cryptoassets purchased in a Margin Transaction and any asset resulting from any Fork in relation \nthereto are our collateral for the loan provided to you and any fees related due thereon. If the \ncryptoassets in such Margin Transaction decline in value, so does the value of the collateral supporting \nyour loan, and as a result we can take action, such as sell those cryptoassets in order to maintain the \nrequired equity. If such cryptoassets are not sufficient to cover your debt to us (including any fees) we \nmay use in our sole discretion, subject to any Applicable Law, any other assets and/or funds in your \naccount (including liquidation of such assets, if permitted under Applicable Law). \n5.5 \nThere is no maximum leverage amount prescribed by Applicable Law. The amount of leverage permitted \n(and therefore margin required) shall be determined by us in our sole discretion. We can decrease the \nleverage (and therefore increase the margin requirement) as well as change the leverage (and \ntherefore change the margin requirement) we offer at any time, including for any open positions. \n5.6 \nWe can change margin requirements at our sole discretion (including in relation to open \npositions), and we may give you very short notice of changes to margin requirements or due \nto an Exceptional Event we may not be able to give you notice at all. We will exercise our right \nto change margin requirements in accordance with Appliable Law. These changes often take effect \nimmediately. When margin requirements change, we cannot guarantee that your execution price will \nmatch your order price, including where you've placed a limit order, take profit and/or stop loss order. \n5.7 \nYou acknowledge that eToro will not issue margin calls in respect to Margin Transactions. It is your sole \nresponsibility to monitor at all times the amount deposited in your transactions against the amount of \nany margin that may become necessary. It is your sole responsibility to follow up whether your \ntransaction is about to be closed due to margins requirement as shall be indicated in the Trading \nPlatform. \n5.8 \nWhere you transfer more funds into your account to satisfy an increased margin requirement, we are \nnot responsible for delays in the release of funds intended to satisfy the margin requirement, including \nbut not limited to internal holds on funds exceeding verification limits, delays in the transfer of funds \nfrom external accounts maintained by third party financial institutions, and failure of proper routing of \nfunds through financial networks. The funds won't count towards their Margin Requirements until they \nare released. \n5.9 \nIf you fail to satisfy the margin requirement we will liquidate your Margin Transaction (i.e. we will force \nsale your cryptoassets) in order to satisfy the margin requirements without prior notice to you and \nwithout an opportunity for you to choose the timing of liquidation. We may but are not obligated to, in \nour sole discretion, allow you to add funds into the position to avoid any forced liquidation of your \ncryptoassets. \n5.10 \nAny requirement for margin must be satisfied in such currency and within such time as may be specified \nby us (in our sole discretion) or, if none is specified, immediately. One margin requirement does not \npreclude another. \n5.11 \nThe consideration from the liquidation of the collateral will be used first to pay off interest before \nprincipal. Any unpaid loan shall continue to accrue overnight fees until the loan amount shall have been \npaid in full. \n\n \n46 \n \n5.12 \nWe provide all clients with negative balance protection. This means that your aggregate liability in your \nAccount is limited to the funds in your Account. \n5.13 \nIn addition to our rights at paragraph 14 – \"Our rights and your rights in special circumstances\", we \nreserve the right to close any open Margin Transactions positions, in a fair way and taking into account \nthe treatment we may receive from our counterparties and/or any relevant third party if an Exceptional \nEvent has occurred, as defined in clause 29 of the General Terms and Conditions. \n5.14 \nYou hereby grant us the right to pledge, re-pledge, hypothecate, rehypothecate, reuse, invest, either \nseparately or with the property of other customers, to itself as broker or to others (including as part of \nour financing transactions), any cryptoassets or asset held for your benefit by eToro as margin or \nsecurity. eToro is irrevocably appointed as attorney in-fact for you and is authorized, without notice to \nyou, to execute and deliver any documents, give any notice and to take any actions on your behalf, \nincluding the execution, delivery and filing of financing statements, that eToro deems necessary or \ndesirable to evidence or to protect our interest with respect to any collateral. Our rights under this \nparagraph is subject to Applicable Law, and therefore we will not exercise the rights if you are a resident \nin a jurisdiction which prohibits you granting such rights to us. \n6. \nTransfer of cryptoassets \n6.1 \nWhere you purchase certain types of cryptoassets on our platform (except for Margin Transactions as \ndefined in this Schedule), we allow you to transfer your cryptoassets to a wallet opened in your name \nwith eToro X Limited (\"eToro X\") or, if you are a German citizen, with eToro Germany GmbH (together, \nthe \"eToro Wallet\"), subject to paragraph 6.2 below. This may also depend on the ability of eToro X \nor the eToro Wallet to provide services into the relevant jurisdiction in which you are domiciled. In this \nscenario, the cryptoassets will be stored in your eToro Wallet. However, we may pause or stop this \nfacility with a prior notice. You cannot use this functionality to transfer cryptoassets to wallets held by \nother third parties. Cryptoassets bought in a Margin Transaction (see paragraph 5 – \"Using leverage \nand Margin Transactions\") have no transfer option. \n6.2 \nThis transfer service of your cryptoassets to the eToro Wallet is subject to certain limitations and \nconditions as eToro may set from time to time. We will seek to provide relevant notice of such \nlimitations to the extent we are reasonably able. The limitations may include, but are not limited to, \nyour domiciliation, applicable regulation and any liabilities that you may owe towards eToro being \nsettled in advance of the transfer. Further, not all types of cryptoassets are supported for this transfer \nservice and your ability to transfer your cryptoassets and the timing of such transfer is affected by the \noriginal means of payment of your deposit as well as other factors such as AML rules, internal \nprocedures and applicable regulations. Further information may be found here: Crypto FAQ and here: \nCrypto Fees and Limitations. Please also check on our website whether you can open an eToro Wallet \nin your jurisdiction. \n6.3 \nThe cryptoassets that you transfer to your eToro Wallet may not be transferred back to your eToro \naccount, and you cannot exchange them for currencies (such as US Dollars or Sterling). \n6.4 \nIf you choose to open an eToro X account and use its features, including transferring cryptoassets from \nyour eToro account to your eToro Wallet, then you will be subject to eToro X's separate Terms and \nConditions. These can be found on the eToro X website. We may charge a fee for transferring your \ncryptoassets from us to eToro X. We provide more details of the fees that may apply to you when you \nare trading or transferring cryptoassets in paragraph 11 - \"Fees and costs\". \n6.5 \nWhere you transfer your cryptoassets to your eToro Wallet, you will not be able to make a \nchargeback claim against us in relation to the that transfer. \n7. \nThe key risks of trading cryptoassets \n7.1 \nOur cryptoasset trading and especially Margin Transactions service is not appropriate for everyone. \nCryptoassets are volatile products, which means the prices of the products can change rapidly, and are \ntherefore unpredictable. Prices can and do fluctuate significantly on any given day. Due to these price \nfluctuations, your holdings may significantly increase or decrease in value at any given moment, and \nthis may result in a loss of all the capital you have invested in a transaction (the risk of losing money \nis even greater in Margin Transactions due to the use of leverage). \n7.2 \nYou should only use our cryptoassets trading service (including for Margin Transactions) if: \n(a) \nyou have sufficient and relevant knowledge about or experience in, trading in volatile markets; \n\n \n47 \n \n(b) \nyou are trading with money you can afford to lose; \n(c) \nyou have a high-risk tolerance; \n(d) \nyou want to gain short term exposure to a product/market; and \n(e) \nyou have time to manage your transactions on an active basis and understand that active \nmanagement may be required at short notice due to the volatility of the cryptoasset market \n(which will be increased in relation to Margin Transactions). \n7.3 \nThe most important risks when trading cryptoassets (which are even greater in Margin Transactions) \nare: \n(a) \nparticularly during periods of high volume, illiquidity, fast movement or volatility in the \nmarketplace for any cryptoassets, the actual market rate at which a market order or trade is \nexecuted may be different from the prevailing rate indicated via the cryptoassets trading \nservices at the time of your order or trade; \n(b) \nthe actual market rate at which a market order or trade is executed may be different from the \nrate that is displayed on the eToro platform at the time that you make your order, if prices are \nfluctuating substantially; \n(c) \ncryptoassets are a unique kind of product, backed by technology and trust, unlike most \ncurrencies, which are backed by governments or other legal entities, or by commodities such \nas gold or silver. This means there is no central bank that can take corrective measure to \nprotect the value of cryptoassets in a crisis; \n(d) \nas cryptoassets are virtual products, they may become 'delisted' or unsupported at any time, \nwhich means they may no longer be offered for sale or exchange on markets. If this happens, \nthe cryptoassets may become worthless. Please refer to paragraph 14 – \"Our rights and your \nrights in special circumstances\" for further information on how we may treat positions in such \nevents; \n(e) \nunder certain market conditions, you may find it difficult or impossible to liquidate a position, \nsuch as where the market reaches a daily price fluctuation limit or where there is insufficient \nliquidity in the market; \n(f) \nas cryptoassets are digital assets, there is a risk that third parties may obtain unauthorised \naccess to your information and/or your assets; \n(g) \ncryptoassets are often traded using independent blockchain technology. Your use of blockchain \nand other third party networks will be subject to any changes and/or amendments in their \nsystems and to any Applicable Law which may apply to them. We are not responsible for any \nfailure, mistake, error, or breach of third party networks. We also do not make any guarantee \nabout the services provided by and the security of third party networks; \n(h) \ncryptoassets are operated by underlying software protocols. We do not own or control the \nsoftware underlying the cryptoassets in respect of which cryptoasset are available for trading \non our platform. In general, the underlying software protocols are 'open source', which means \nanyone can use, copy, modify, and distribute them. The underlying protocols are subject to \nsudden changes in operating rules (called \"Forks\"), and such Forks may materially affect the \nvalue, function, and/or even the name of the cryptoasset which we hold for your benefit. We \nexplain your rights and our rights if a fork occurs in more detail in paragraph 14 – \"Our rights \nand your rights in special circumstances\"; \n(i) \nwe may execute orders through, or hold cryptoassets and currencies with, a third party. These \nthird parties may not be banks. This means that, if a company holding the currencies or \ncryptoassets fails, is hacked, or goes out of business, your money and assets are not protected \nin the same way as they would be if they were held by a bank. In particular, we may only have \nan unsecured claim against that third party on your behalf, which means that you are less likely \nto recover your money; and \n\n \n48 \n \n(j) \ncryptoassets are unregulated products. This means that, when you invest in cryptoassets, \nlosses incurred due to cryptoasset trading will not be eligible for government compensation. \nPlease see paragraph 2 – \"Investor protection and compensation\" for more information on this. \n7.4 \nYou should therefore carefully consider whether trading or holding cryptoassets is suitable for you, in \nlight of your financial circumstances. You should ensure that you fully understand how cryptoassets \nwork (including all associated risks and costs) before using our cryptoassets trading services. \n7.5 \nPlease refer to clause 5 of the General Terms and Conditions, the General Risk Disclosure, and our \nwebsite for more information on the key risks of using our services. \nMargin Transactions \n7.6 \nIn addition to the above you should only trade Margin Transactions if you have time to manage your \ntransactions on an active basis and understand that active management may be required at short \nnotice: \n(a) \ndue to the volatility of the cryptoasset market, which will be increased as a result of leverage; \n(b) \nas a result of us changing margin requirements, including for open positions (as stated below); \nand/or \n(c) \nas a result of us giving you very short notice, or due to an Exceptional Event no notice at all, \nof changes to margin requirements (as stated below); \n7.7 \nIn addition to the risks highlighted above, the following risks specifically associated with Margin \nTransactions: \n(a) \nYou can lose more funds than you deposit in the Margin Transaction. The price \nfluctuation of cryptoassets, in combination with the use of leverage, means that your Margin \nTransaction may significantly increase or decrease in value at any given moment, and this may \nresult in a loss of more than the capital that you originally invested in such Margin Transaction. \nTherefore, Margin Transactions come with an even higher risk of losing money, and the risk of \nlosing more money, than compared to non-margined cryptoassets. \n(b) \nWe can force the sale of assets in your account. A decline in the value of cryptoassets that \nare purchased on margin may require you to add funds to such transaction to avoid the forced \nsale of those cryptoassets or other assets in your account. If the cryptoassets in a Margin \nTransaction falls below the margin requirements, we can sell the cryptoassets in your account \nto cover the margin deficiency. You will also be responsible for any shortfall in the account after \nsuch a sale. \n(c) \nWe can sell your cryptoassets without contacting you. We are not required to contact \nyou for a margin call to be valid and we can liquidate cryptoassets in your accounts to meet \nthe margin requirements, including immediately selling the cryptoassets without notice to you. \n(d) \nWe can change margin requirements at our sole discretion (including in relation to \nopen positions), and we may give you very short notice of changes to margin \nrequirements or due to an Exceptional Event we may not be able to give you notice \nat all. We will exercise our right to change margin requirements in accordance with Appliable \nLaw. These changes often take effect immediately. When margin requirements change, we \ncannot guarantee that your execution price will match your order price, including where you've \nplaced a limit order, take profit and/or stop loss order. Please refer to paragraph 5 – \"Using \nleverage and Margin Transactions\" for further information on changes to margin requirements. \nYour failure to satisfy margin requirements may, as described above cause us to liquidate or \nsell cryptoassets or other assets in your account. We are not responsible to delays in the release \nof funds intended to satisfy the call, including but not limited to internal holds on funds \nexceeding verification limits, delays in the transfer of funds from external accounts maintained \nby third party financial institutions, and failure of proper routing of funds through financial \nnetworks. The funds won't count towards their margin requirements until they are released. \n \n \n\n \n49 \n \n8. \nLimitation on liability \n8.1 \nCryptoassets are highly speculative assets which rely on a number of external variables for their \nexistence and value. As a result, there are a number of additional risks and liabilities that you will be \nexposed to when trading cryptoassets. This paragraph sets out a number of these liabilities and explains \nthe circumstances under which we will not be liable for any losses, costs, or expenses that you suffer \nsubject to Applicable Law. \n8.2 \nWe are not liable to you where you suffer a loss, cost, or expense as a result of: \n(a) \nany delay or change in market conditions before we execute an order or before a transaction \nsettles; \n(b) \nany delay or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, \nworms or other malware that may affect your computer or other equipment, any cyber-attack \nor any phishing, spoofing or other attack. We advise the regular use of a reputable and readily \navailable virus screening and prevention software. You should also be aware that SMS and \nemail services are vulnerable to spoofing and phishing attacks and should use care in reviewing \nmessages purporting to originate from us; \n(c) \nany loss caused by theft, robbery, burglary or other criminal taking if a computer, computer \nsystem, computer software program, malicious code, computer virus or process or any other \nelectronic system is used to perform such acts; \n(d) \nany loss of any kind resulting from any communication failures, disruptions, errors, distortions \nor delays you may experience when trading on the eToro platform, regardless of how they are \ncaused; \n(e) \nany loss resulting from a network failure of a cryptoasset's cryptographic protocol; \n(f) \nany loss caused by a custodian and/or by any third party; \n(g) \nany lost profits or damages that are caused by or are connected to unauthorised use of the \neToro platform or services, even where we or one of our representatives knew or should \nreasonably have known about the possibility of such damages; and \n(h) \nany loss of any kind, from action taken in reliance on material or information, contained on \neToro's trading platform or websites and/or on the blockchain systems. \n8.3 \nNeither eToro Europe, its affiliates and service providers, nor any of their respective officers, directors, \nagents, joint venture partners, employees or representatives, will be liable for any amount larger than \nthe value of the cryptoassets currently deposited in your account. As a result, for example, if you claim \nthat we failed to process a buy or a sell transaction properly, your damages are limited to no more \nthan the value of the supported cryptoasset at issue in the transaction. \n8.4 \nWe also do not promise or guarantee that: \n(a) \nthe trading platform, and the server that makes it available, are free of viruses or errors, that \nits content is accurate, that it will be uninterrupted, or that defects will be corrected; \n(b) \nthe service will be available at all times; \n(c) \naccess to our website, any part of the services, our terms and other information provided by \nus or any part of our services will be continuous, uninterrupted, timely, or error-free; or \n(d) \nhistorical cryptoasset price data available on the trading platform is accurate and/or complete. \n8.5 \nThe services are provided on an \"as is\" and \"as available\" basis without any representation or \nwarranty, whether express, implied or statutory. To the maximum extent permitted by Applicable Law, \nwe specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose \nand/or non-infringement. \n8.6 \nPlease refer to clause 25 of the General Terms and Conditions for more information on the general \nlimitations to our liability when you trade using any of our services. \n\n \n50 \n \n \n \n\n \n51 \n \n9. \nPlacing an order \nPlease refer to clause 18 of the General Terms and Conditions for information on how you may place \nan order and provide trading instructions on the eToro platform. \n10. \nStaking \n10.1 \nWhen you hold cryptoassets with us, we may 'stake' these cryptoassets in a third party 'proof of stake' \nnetwork through staking services provided by us (\"Staking Service\"). 'Staking' is where cryptoassets \nare held in a cryptocurrency wallet to support the operation of a blockchain network (\"Staked \nCryptoassets\"). In a proof of stake network, transaction validators are chosen using a formula based \non ownership of the underlying cryptoassets (as opposed to based on computing power, known as \n'proof of work'). Please visit our staking information page for further details on how proof of stake \nworks. \n10.2 \nAs part of the Staking Service we or any third party appointed by us will stake certain Staked \nCryptoassets on your behalf, acting as a transaction validator on the applicable network. If we or \nanyone on our behalf successfully validates a block of transactions using that Staked Cryptoasset, a \nreward is granted by that cryptoassets’ network (a \"Staking Reward\"). The more Staked Cryptoassets, \nthe greater the chance of receiving a Staking Reward. \n10.3 \nWhen you buy or hold a Staked Cryptoasset from us, you consent to such Staked Cryptoassets being \nstaked in part or in entirety by us, or a third party on our behalf, in our sole discretion. We will disclose \nthe Staked Cryptoassets at our staking information page (as amended by us from time to time). \n10.4 \nWe may amend, change or update your Staked Cryptoassets at any time and without prior notice. We \nmay choose to engage service providers to stake some or all of your cryptoassets. We do not represent, \nwarrant or guarantee that: \n(a) \nyou will receive any stated percentage of any Staking Rewards; \n(b) \nstaking will occur on a continuous basis; \n(c) \nstaking will occur on an uninterrupted or error-free basis, or that we will correct all defects or \nprevent third-party disruptions or unauthorised third party access (and in the event of such \ndisruptions, any Staked Cryptoassets may not generate Staking Rewards); or \n(d) \nany particular cryptoasset will be staked or will continue to be staked. \n10.5 \nWe may choose to cease staking any cryptoasset at any time in our sole discretion. \n10.6 \nWhere we distribute Staking Rewards to you, we will aim do so at the rates set out at our staking \ninformation page and only after receipt by us. The percentage and timing of Staking Rewards will: \n(a) \nbe determined by us in our sole discretion; \n(b) \nbe subject to our fees and any costs incurred for such transactions; \n(c) \nvary according between Staked Cryptoassets; and \n(d) \nbe detailed in your trading account. \n10.7 \nYou agree that we do not guarantee that we will distribute Staking Rewards to you, and that where we \ndo so, the applicable percentage of Staking Rewards set out at our staking information page: \n(a) \nare estimates only and are not guaranteed; \n(b) \nmay change at any time in our sole discretion; and \n(c) \nmay be more or less than the Staking Rewards we receive. \n \n \n\n \n52 \n \n10.8 \nA determination by the third party proof of stake network that the Staking Service has been erroneously \noperated may result in a \"slashing penalty\", and the non-payment of the relevant Staking Rewards. \nWe will use commercially reasonable efforts to ensure that your cryptoassets will not be subject to a \nslashing penalty, but in the unlikely event they are, we will promptly replace your relevant cryptoassets \nassets at no additional cost to you, except where the relevant slashing penalty is as a result of: \n(a) \nyour acts or omissions; \n(b) \nany supported protocol maintenance, bugs, or errors; \n(c) \nacts by a hacker or other malicious actor; or \n(d) \nforce majeure events. \n11. \nFees and costs \n11.1 \nPlease refer to clause 21 of the General Terms and Conditions for more information on the fees and \ncosts which apply to all transactions on the eToro platform. \n11.2 \nIf you transfer your cryptoasset into a different account, for example an account operated by eToro X, \nwe will charge you a \"transfer fee\", and you will also incur a third party fee called a \"blockchain fee\". \n11.3 \nIf you sell cryptoassets, the consideration for the transaction, less commission and all applicable \ncharges and taxes, will be available on your account for reinvestment, but you will not be able to \nwithdraw it from your account until the transaction has settled. \n11.4 \nIf you enter into a Margin Transaction, we will charge an overnight fee each time you keep a position \nopen after trading hours, including on public and bank holidays. If you keep your position over the \nweekend, we will charge you for two nights. The overnight fee will be taken out of the available balance \nin your eToro account. How the overnight fee is calculated will be different depending on your \nunderlying product, the amount of leverage being utilised, and whether you are entering into a buy or \na sell trade. Our overnight fees are subject to change and can be viewed on our website, and the \novernight fee relevant to your order will also be displayed to you when you open a position. \n11.5 \nAdditional charges may also be incurred by you in the case of the delayed or failed settlement of a \ntransaction. Any such amounts will be your responsibility and, where appropriate, will be deducted \nfrom your account. This may occur where there is low demand for a cryptoasset that you want to trade \non the platform, meaning that there is a period of time between you choosing to sell the cryptoassets \nand it being bought on the platform. \n12. \nSettlement \n12.1 \nWe are not responsible for any delay in the settlement of a transaction resulting from circumstances \nbeyond our control, or the failure of any other person or party (including you) to perform all necessary \nsteps to enable completion on the settlement date. \n12.2 \nWe may refuse to allow a withdrawal on any account that you have with us if it would leave insufficient \nfunds in the account to pay for any unsettled transactions. Where you make payment into your account \nand then make a withdrawal shortly afterwards, we reserve the right to delay settlement for up to eight \nbusiness days to ensure your payment has cleared. \n13. \nCustody \n13.1 \nCryptoassets are not regulated products and, therefore, trades or copy trades related to cryptoassets \nare not subject to Applicable Law on custody. However, we will endeavour to protect your assets in \naccordance with best market practice and to the extent possible in accordance with CySEC rules. In \nparticular: \n(a) \nwe may appoint an affiliate or third party to hold cryptoassets on your behalf, and we will \nexercise reasonable skill and care in the selection, appointment and periodic review of the firm \nwe appoint. In this circumstance, the cryptoassets may be held in the affiliate or third party's \n'wallet', or in another appropriate manner; \n\n \n53 \n \n(b) \nwe, an appointed affiliate, or an appointed third party, may hold the cryptoassets which you've \nbought on our platform, until we receive further instructions from you to sell or transfer that \ncryptoasset, to the extent we support such transfer functionality; \n(c) \nwhere we, our appointed affiliate or appointed third party hold your cryptoassets, those \ncryptoassets will be pooled with the cryptoassets of our other clients (we call this an \"Omnibus \nAccount\"). There is a risk of loss from the use of an omnibus account. However, detailed \nrecords of all your cryptoassets held by us, our appointed affiliate, or the appointed third party, \nwill be kept at all times to show that your cryptoassets are held on your behalf in order to \nmitigate that loss; and \n(d) \nas your cryptoassets are held in an Omnibus Account, if we, our appointed affiliate, or the \nappointed third party become insolvent, you may not have a legal claim against a specific \namount of money, or a specific amount of cryptoasset. Instead, any claim will be generally \nagainst the Omnibus Account. If there is an unreconciled shortfall, you may not receive your \nfull entitlement to the cryptoasset, or the value of the cryptoasset in fiat money (e.g. currencies \nsuch as US Dollars or Sterling) and you may share the shortfall proportionately with other \nclients. \n13.2 \nIf you are resident in Germany, the following applies to you in addition to paragraph 13.1: \n(a) \ncustody services for the cryptoassets (Kryptoverwahrgeschäft) provided to you are regulated \nby the Federal Financial Supervisory Authority (\"BaFin\") and are subject to the German \nBanking Act (Kreditwesengesetz), as implemented by the Amending Directive on the Fourth EU \nAnti-Money Laundering Directive (Gesetz zur Umsetzung der Änderungsrichtlinie zur Vierten \nEU-Geldwäscherichtlinie); \n(b) \neToro Germany GmbH, with its registered office at Tower 185 - 19th Floor SER Friedrich-Ebert-\nAnlage 35-37, 60327 Frankfurt am Main (\"eToro Germany\") will provide custody services for \nthe cryptoassets held by you, in accordance with BaFin rules. eToro Germany is an eToro Group \nentity; and \n(c) \nAppendix 2 to this Schedule C will also apply to you. \n13.3 \nIf you are resident in Netherlands, the following applies to you: \neToro (Europe) Ltd is registered with De Nederlandsche Bank N.V. (\"DNB\") as a provider of cryptoasset \nservices. DNB supervises the compliance of eToro (Europe) Ltd with the Prevention of Money \nLaundering and Terrorist Financing Act and the Sanctions Act 1977. However, eToro (Europe) Ltd is \nnot subject to the prudential supervision of the DNB or the conduct of business supervision of the Dutch \nAuthority for the Financial Markets (\"AFM\"). This means that for cryptoasset services, there is no \nsupervision of financial requirements or business risks and there is no specific financial consumer \nprotection. \n14. \nOur rights and your rights in special circumstances \n14.1 \nIf you place an order on our trading platform and then one or more of the cryptoassets that form the \nsubject of your order is delisted and/or we no longer support the trading in such cryptoassets for any \nreason, then we will immediately close your order and notify you of this as soon as possible. \n14.2 \nIf we reasonably become aware that a cryptoasset that you hold in your account is likely to be delisted, \nremoved and/or cancelled from any of the exchanges on which it is listed and we believe that we are \nnot able to trade in such cryptoassets, we reserve the right to sell the impacted cryptoassets on your \nbehalf at the time and price, and in such manner, as we determine is reasonable in the circumstances \nat our sole discretion. We will notify you as soon as possible before selling your cryptoassets. \n14.3 \nIf at any time trading on the underlying market is suspended in any cryptoasset that forms the subject \nof your order, then the applicable order will also be suspended and you will not be able to sell any \ncryptoasset we hold on your behalf until such suspension is terminated and trading recommences. \n14.4 \nWhen the suspension referred to in paragraph 14.3 is lifted, any order that you may have given us with \nrespect to the cryptoasset that have been triggered will be executed as soon as is reasonable in the \ncircumstances. We cannot guarantee that your order will be executed at the first available Underlying \nMarket price or at all. \n\n \n54 \n \n14.5 \nWe do not own or control the software underlying the cryptoassets that are available for trading on our \nplatform. In general, the underlying software protocols are 'open source', which means anyone can \nuse, copy, modify, and distribute them. The underlying protocols which govern cryptoassets are subject \nto sudden changes in operating rules, known as \"Forks\". Forks can materially affect the way in which \ncryptoassets are valued, their function, and even the name of the cryptoasset which we hold for your \nbenefit, and can create extreme price volatility. \n14.6 \nBy using our cryptoassets trading service, you acknowledge and agree that we are not responsible for \noperation of the underlying protocols and that we make no guarantee of their functionality, security, \nreliability or availability. You also acknowledge and agree that we have no responsibility or liability in \nrespect of an unsupported branch of a forked cryptoasset. \n14.7 \nWhen a Fork occurs, we may temporarily suspend trading on the eToro platforms (with or without \nadvance notice to you). We may then, at our discretion: \n(a) \nconfigure or reconfigure its systems; \n(b) \ndetermine which of the forked cryptoassets has the majority consensus behind it and offer this \ncryptoasset on our trading platform; and/or \n(c) \ndecide not to support (or cease supporting) the Forked cryptoasset entirely. \n14.8 \nIn the event of a Fork, you acknowledge and agree that we may decide at our sole discretion to adjust \nthe cryptoasset holdings in your account with respect to any affected cryptoasset held by you. Such \nadjustment shall be calculated by us and will be made on the basis of good faith, fairness and, where \nappropriate, by taking such action as is consistent with market practice and/or taking into account the \ntreatment we may receive from our counterparties or any relevant third party. We may deduct any \napplicable tax, but we may also make these adjustments without deducting any taxes that will apply \nto you as a result of the adjustment. You will be obligated to pay the taxes that you are responsible for \nwhere we have not made tax deductions on your behalf. \n14.9 \nWe will not usually notify you before making a change to your portfolio under paragraph 14.8. Therefore, \nyou should make yourself aware of the market conditions and the Forks that could occur. When a hard \nFork occurs, there may be substantial price volatility around the event, and we may suspend trading if \nwe do not have reliable prices from the underlying market. \n14.10 \nIn the event that a situation arises that is not covered under Schedule, or the General Terms and \nConditions, we will resolve the matter on the basis of good faith and fairness and, where appropriate, \nby taking such action as is consistent with market practice. \n14.11 \nPlease refer to Part 3 of the General Terms and Conditions for more information about our rights and \nyour rights in special circumstances across all our services. \n \n \n\n \n55 \n \nAppendix 1 \nSituations in which Cryptoasset Trading Services are Differentiated \nEven though your transaction may relate to cryptoassets, we do not execute certain transactions, through our \ncryptoasset trading service. \nWhere the transaction will be listed as a CFD transaction, this will be indicated on the trading platform \nand/or account statement. \nWhere we do not execute your trade through our cryptoasset trading service, your trade will be \nexecuted as a CFD transaction. Accordingly, you should to refer to Schedule A – Trading CFDs, and \nAppendix 1 of Schedule A, instead of this Schedule C – Trading Cryptoassets where your transaction \nfalls into one of the categories listed above. \nThe following transactions shall be executed as CFDs: \n(a) \ntransactions where you enter into a short trade on cryptoassets; \n(b) \ncryptoassets copy trading (including CopyPortfolio) transactions classified as CFDs in the \naccount of the copied investor, unless otherwise indicated in the Trading Platform; \n(c) \nall or certain types of transactions in cryptoassets (including CopyTrade and CopyPortfolio \ntransactions where you are copying a transaction in cryptoassets or a portfolio that includes \ncryptoassets) made by users from certain countries (as a result of any liquidity restriction or \nregulatory restriction or any other reason as shall be determined by us in our sole discretion), \nas shall be amended from time to time at our sole discretion (this includes also reclassifying \nyour open trades). Such transactions will be indicated on the trading platform and in your \naccount statement as CFD transactions; \n(d) \nall cross transactions of cryptoassets with other cryptoassets (e.g. ETH/BTC) and/or with \ncurrency (e.g. ETH/EUR, BTC/EUR). \nThis is not an exhaustive list so there may be other transactions that we are unable to execute as \ncryptoasset transactions (according to our sole discretion), as shall be indicated in our trading \nplatform and/or account statement. \n \n \n\n \n56 \n \nAppendix 2 \nCryptoassets Custody Services to residents of Germany \n1. \nApplication to residents of Germany \n1.1 \nThis Appendix 2 shall only apply to you if you are a resident in Germany, as determined by us in \naccordance with the information you have provided to us when opening your account under clause 12 \n– \"How to open, and maintain your eToro account\" of the General Terms and Conditions. \n1.2 \nAll terms contained in Schedule 3 (including Appendix 1) will apply to you in addition to the terms \ncontained in this Appendix 2, expect where such terms are varied by specific terms in this Appendix 2, \nin which case the specific terms in this Appendix 2 will apply to you. \n1.3 \nPart 3 of the General Terms and Conditions shall apply to the relationship between you and eToro \nGermany in relation to the custody services of cryptoassets eToro Germany provides to you as if \nreferences to \"eToro Europe\", \"we\", \"us\" or \"our\" were to \"eToro Germany\". \n1.4 \nThe terms in this Appendix 2 shall take precedence over any other terms in this Agreement to the \nextent the terms in this Appendix 2 conflict with the terms of the Agreement. \n2. \nRegulatory status of cryptoassets for German clients \nCustody services for the cryptoassets provided to German clients by eToro Germany are regulated by \nBaFin and are subject to the German Banking Act (Kreditwesengesetz), as implemented by the \nAmending Directive on the Fourth EU Anti-Money Laundering Directive (Gesetz zur Umsetzung der \nÄnderungsrichtlinie zur Vierten EU-Geldwäscherichtlinie). eToro Germany does not carry out any \nactivities \nsubject \nto \napproval \nunder \nthe \nGerman \nPayment \nServices \nSupervision \nAct \n(Zahlungsdiensteaufsichtsgesetz) when it provides custody of your cryptoassets. \n3. \nCustody of cryptoassets for German clients \n3.1 \nWhen you trade cryptoassets with eToro Europe, you will receive the custody services from eToro \nGermany and the terms and conditions of this Appendix 2 shall apply to these custody services. All of \nthe Services provided to you by eToro Europe will continue to be provided by eToro Europe in \naccordance with the terms of the General Terms and Conditions and the Schedules applicable to you. \n3.2 \nWhen you trade cryptoassets with eToro, you place each order with eToro Europe to buy or sell \ncryptoassets under clause 18 of the General Terms and Conditions, and you give consent to eToro \nGermany to hold your cryptoassets on your behalf. When you place an order with eToro Europe to buy \ncryptoassets, you are also giving an instruction to eToro Germany to hold these cryptoassets on your \nbehalf, and when you place an order with eToro Europe to sell cryptoassets, you are also giving eToro \nGermany an instruction to cease to hold those cryptoassets on your behalf. \n3.3 \neToro Germany may hold your cryptoassets with those cryptoassets of other clients in an Omnibus \nAccount. There is a risk of loss from the use of an Omnibus Account. As your cryptoassets are held in \nan Omnibus Account, if we, our appointed affiliate, or the appointed third party become insolvent, you \nmay not have a legal claim against a specific amount of money, or a specific amount of cryptoasset. \nInstead, any claim will be generally against the Omnibus Account. If there is an unreconciled shortfall, \nyou may not receive your full entitlement to the cryptoasset, or the value of the cryptoasset in fiat \nmoney (such as US Dollars or Sterling) and you may share the shortfall proportionately with other \nclients. However, detailed records of all your cryptoassets held by eToro Germany will be kept at all \ntimes to show that your cryptoassets are held on your behalf in order to mitigate that risk of loss. \n3.4 \nTo the extent permitted by applicable law (including, for the avoidance of doubt, the German Banking \nAct) eToro Germany may appoint an affiliate or third party to hold cryptoassets on your behalf, and \nwill exercise reasonable skill and care in the selection, appointment and periodic review of any such \nfirms appointed. In these circumstances, cryptoassets may be held in the affiliate or third party's 'wallet', \nor in another appropriate manner. In addition, subject to applicable law, eToro Germany may be fully \nreplaced with another German entity (compliant with all applicable law and regulation) to perform the \ncustody services of your cryptoassets under this Appendix 2. \n \n\n \n57 \n \n4. \nData protection \n4.1 \nFor eToro Germany to provide custody of your cryptoassets, eToro Europe may transfer your personal \ndata to eToro Germany or other parties in accordance with clause 36 of the General Terms and \nConditions and eToro's Privacy Notice. eToro Germany may collect, store and process information from \nyou or otherwise in connection with the purpose of providing cryptoassets custody services to you and \nof complying with Applicable Law and / or regulation, including disclosures to governmental authorities. \n4.2 \neToro Europe and eToro Germany will put in place and maintain appropriate technical and \norganisational measures to prevent unauthorised or unlawful processing of your personal data, and will \nimplement and maintain appropriate security controls to ensure the confidentiality and integrity of your \npersonal data. \n4.3 \neToro Europe and eToro Germany shall not process any of your personal data other than as reasonably \nrequired in connection with its provision of cryptoasset custody services to you in accordance with the \nterms of this Appendix 2. \n5. \nOur rights and your rights in special circumstances \n5.1 \nBy using our cryptoassets trading service, you acknowledge and agree that eToro Europe and eToro \nGermany are not responsible for operation of the underlying protocols related to cryptoassets, and \nneither eToro Europe and eToro Germany make any guarantee of their functionality, security, reliability \nor availability. You also acknowledge and agree that eToro Europe and eToro Germany have no \nresponsibility or liability in respect of an unsupported branch of a forked cryptoasset. \n5.2 \nIn the event of a Fork, you acknowledge and agree that eToro Europe may decide at our sole discretion \nto adjust the cryptoassets held by eToro Germany in custody on your behalf with respect to any affected \ncryptoasset. Such adjustment will be made on the basis of good faith, fairness and, where appropriate, \nby taking such action as is consistent with market practice and/or taking into account the treatment \neToro may receive from our counterparties or any relevant third party. eToro may deduct any applicable \ntax, but we may also make these adjustments without deducting any taxes that will apply to you as a \nresult of the adjustment. You will be obligated to pay the taxes that you are responsible for where we \nhave not made tax deductions on your behalf. \n5.3 \nIn the event that a situation arises that is not covered under this Appendix 2, Schedule 3, or the General \nTerms and Conditions, we will resolve the matter on the basis of good faith and fairness and, where \nappropriate, by taking such action as is consistent with market practice. \n6. \nLimitation on liability \n6.1 \nCryptoassets are highly speculative assets which rely on a number of external variables for their \nexistence and value. As a result, there are a number of additional risks and liabilities that you will be \nexposed to when trading cryptoassets, including when they are held in custody. This paragraph sets \nout a number of these liabilities and explains the circumstances under which eToro EU and eToro \nGermany will not be liable for any losses, costs, or expenses that you suffer subject to Applicable Law. \n6.2 \neToro Germany is not liable to you where you suffer a loss, cost, or expense as a result of: \n(a) \nany delay or change in market conditions before eToro Germany acts on your instruction \ncustody (given in accordance with paragraph 3.2 of this Appendix 2) to hold or cease to hold \nyour cryptoassets; \n(b) \nany loss resulting from a network failure of a cryptoasset's cryptographic protocol; \n(c) \nany loss caused by eToro Germany, any other German custodian appointed as custodian of \nyour cryptoassets in accordance with paragraph 3.4 of this Appendix 2, and/or by any third \nparty; \n(d) \nany lost profits or damages that are caused by or are connected to unauthorised use of the \neToro platform or services, including where such unauthorised use of the eToro platform or \nservices results in an instruction to eToro Germany to hold or cease to hold your cryptoassets \nin custody (in accordance with paragraph 3.2 of this Appendix 2), even where eToro EU, eToro \nGermany or any of eToro EU or eToro Germany's affiliates or representatives knew or should \nreasonably have known about the possibility of such damages; and \n\n \n58 \n \n(e) \nany loss caused by theft, robbery, burglary or other criminal taking if a computer, computer \nsystem, computer software program, malicious code, computer virus or process or any other \nelectronic system is used to perform such acts; \n(f) \nany loss of any kind, from action taken in reliance on material or information, contained on \neToro's trading platform or websites and/or on the blockchain systems that results in an \ninstruction to eToro Germany to hold or cease to hold your cryptoassets in custody (in \naccordance with paragraph 3.2 of this Appendix 2). \n6.3 \neToro Germany, any affiliates and service providers, nor any of its respective officers, directors, agents, \njoint venture partners, employees or representatives, will be liable for any amount larger than the \nvalue of the cryptoassets currently deposited in your account. \n6.4 \nCustody services for your cryptoassets are provided on an \"as is\" and \"as available\" basis without \nany representation or warranty, whether express, implied or statutory. To the maximum extent \npermitted by Applicable Law, eToro Germany specifically disclaims any implied warranties of title, \nmerchantability, fitness for a particular purpose and/or non-infringement. \n6.5 \nPlease refer to clause 25 of the General Terms and Conditions for more information on the general \nlimitations to our liability when you trade using any of our services. \n7. \neToro Germany's rights to enforce the terms of this agreement \n7.1 \nYou acknowledge and agree eToro Germany may exercise all the rights of eToro Europe under the \nAgreement as if references to \"eToro Europe\", \"we\", \"us\" and \"our\" were references to eToro \nGermany. \n7.2 \nYou agree that where you have promised to do something or refrain from doing something under the \nAgreement, you make those same promises to eToro Germany and acknowledge that eToro Germany \nwill rely on those promises when providing its services to you. \n8. \nComplaints \nIf you are unhappy with the custody services of your cryptoassets you are receiving from eToro \nGermany, or something has gone wrong, please contact eToro in accordance with clause 9 of the \nGeneral Terms and Conditions. eToro Germany will handle your complaint. \n9. \nCompensation scheme \nNo compensation scheme is available to you in relation to the custody services for your cryptoassets \n(Kryptoverwahrgeschäft) provided to you by eToro Germany, including under the German Banking Act \n(Kreditwesengesetz) or applicable European legislation (including Directive 94/19/EC on deposit-\nguarantee schemes and Directive 97/9/EC on investor-compensation schemes). Please see paragraph \n2 – \"Investor protection and compensation\" of Schedule 3 for more information on your rights to \ncompensation in relation to cryptoassets. \n10. \nTermination of the services eToro Germany provides to you \nWhere your account with eToro is closed in accordance with clause 26 of the General Terms and \nConditions, eToro Germany will automatically cease providing custody of your cryptoassets. \n11. \nSeverability \nIf any court or relevant authority finds any part of this Appendix 2 to be invalid or unenforceable, the \nremaining parts of this Appendix 2, the General Terms and Conditions and Schedules will remain in full \nforce and effect. \n12. \nRights of third parties \nA third party will not be able to benefit from or enforce a term of this Appendix 2. \n \n \n\n \n59 \n \n13. \nGoverning law and jurisdiction \n13.1 \nThe laws of Germany apply to the terms of this Appendix 2 between you and us only. Any claim you \nmake against us in relation to a breach of any of the terms of this Appendix 2 only can be heard in the \ncourts in Germany. \n13.2 \nNotwithstanding anything contained in this Appendix 2, the laws of Cyprus continue to apply to any \nother term of the General Terms and Conditions between you and us, including any Schedules and \nAppendices thereto, other than those terms in this Appendix 2, in accordance with clause 42 – \n\"Governing Law and Jurisdiction\" of these Terms and Conditions. \n \n \n\n \n60 \n \nSCHEDULE D – COPY TRADING \nThis Schedule D sets out the specific terms that will apply to you when using the copy trading functionality on \nthe eToro platform. The terms in this Schedule D apply to you in addition to the General Terms and Conditions, \nwhich apply to all of our services and not just to copy trading. Capitalised words in this Schedule D will have the \nsame meaning which are given to those word in the General Terms and Conditions. If a term of this Schedule D \nconflicts with or differs from a term in the General Terms and Conditions, this Schedule D will apply. \n1. \nWhat is copy trading \n1.1 \nWhen using the copy trading services, you are agreeing to use our investment management services. \n1.2 \nThe eToro platform provides you with the ability to interact, follow and copy other traders, strategies \nand/or portfolios by using the information, as well as providing you with \"social trading features\". \nSocial trading features include detailed account information, trading histories, risk profiles, and other \ninformation in relation to eToro traders, strategies and/or portfolios that may be useful to you when \ndeciding whether to copy such eToro trader, strategy and/or portfolio. \n1.3 \nCopy trading is a trading functionality which allows you to copy the account of other traders. You do \nthis by either copying a specific eToro trader account or copying a portfolio (we explain what this means \nbelow). By placing a copy order, you authorise us to automatically recreate this account for you in your \neToro account without any prior consultation, consent or approval. This will be done on a pro rata basis \nwith the same products and the same trading instructions (unless such action would be in contravention \nof Applicable Law). For example, we may start copy trading, stop copy trading and/or pause the copying \nof the copied trader, account, portfolio and/or strategy and set limits to any position etc. \n1.4 \nPlease read paragraph 2 – \"Our copy trading service\", and paragraph 8 – \"Placing an order\" for more \ninformation on how to place a copy trade on the eToro platform. \n2. \nOur copy trading service \n2.1 \nWe offer a copy service which allows you to copy trades on the eToro platform in two ways: \n(a) \nCopyTrader: where you can choose to copy the orders in an account of a single eToro trader. \nFor more information, please refer to paragraph 8 - \"Placing an order\"; and \n(b) \nCopyPortfolio: where you can choose to copy an account which contains a portfolio of products \nand/or traders. Some portfolios are designed by us, and some are designed by third parties. \nEach portfolio will have certain profiles and parameters which may be set either manually or by \nusing certain algorithms. \nMore information about our copy trading functionality is available on our website. \n2.2 \nWe may update or amend the structure and/or composition of a strategy under the CopyPortfolio \nfunctionality at our discretion, without notifying you. This is called \"re-balancing\". \n3. \nClassification of trade \n3.1 \nThe copy trade service may result in trades in a number of financial instruments. Each trade opened \non your behalf as part as the CopyTrader or CopyPortfolio functionalities will usually be classified under \nthe same asset class as classified in the copied account. \n3.2 \nIf you are restricted from trading a certain asset class or specific product due to Applicable Law, other \nregulatory requirements or any other reason at eToro’s sole discretion, then we may take reasonable \nsteps, where permitted by Applicable Law and where our service enables this at our sole discretion, to \nensure that an equivalent or similar trade is opened in your account to replace the restricted trade (for \nexample, replacing a CFD trade with a trade in the underlying product or vice versa). If we replace a \ntrade for you, we cannot guarantee that the risk rating and economic performance of the replacement \ntrade will match that of the restricted trade. Where in our sole discretion we do not replace a trade \nwith an equivalent or similar trade for any reason your economic performance, portfolio composition, \nrisk rating and other factors relating to your portfolio may deviate from that of the eToro trader or \nCopyPortfolio being copied. \n\n \n61 \n \n3.3 \nYou should read the General Terms and Conditions and the Schedule which applies to the underlying \ninstrument for more information. Schedule A applies to CFDs, Schedule B applies to securities, and \nSchedule C applies to cryptoassets. \n4. \nRegulatory status of the copy trading service and suitability assessment \n4.1 \nOur copy trading functionality may amount to a form of discretionary investment management. This \nmeans that, before you can engage in copy trading, we are required by law to assess whether copy \ntrading is a suitable investment tool for you and under what conditions (the \"Suitability Assessment\"). \nThe result of the Suitability Assessment is determined by information and documents provided to us \nby you, which you can update at any time. \n4.2 \nWe will establish your investment profile on the basis of your Suitability Assessment, and your ability \nto enter into copy trades may be limited by your Suitability Assessment. If we determine that copy \ntrading is not a suitable investment tool for you, then you will not be permitted to access the copy \ntrading functionalities of the eToro platform. We are not liable for any losses that you suffer as a result \nof providing false or misleading information as part of your Suitability Assessment, including where this \nleads to us creating an inaccurate investment profile for you. \n4.3 \nPlease also refer to clause 3 of the General Terms and Conditions for more information on the way in \nwhich we assess suitability. \n5. \nLimitations to our copy trading service \n5.1 \nWe do not provide personalised investment recommendations, investment advice, tax related advice \nor other financial related advice of any kind. Any explanation or information which we give to you as \npart of a copy trade, or about the performance of the copy trade is not intended to be, and should not \nbe considered as advice. This information is provided by us solely for informational purposes. \n5.2 \nYou should use any information gathered from our website or social trading features as a starting point \nfor your own independent research and investment decision making. However, you should not make \ninvestment decisions based on information provided on the eToro platform or eToro Community. \n5.3 \nWe will take reasonable steps to monitor the performance of any copied trader under the CopyTrader \nfunctionality, as well as the performance of the different trading strategies and portfolios under the \nCopyPortfolio functionality. We reserve the right to pause, stop, or block: \n(a) \nany eToro trader from being copied under the CopyTrader functionality; and \n(b) \nany portfolio of trading strategy from being copied under the CopyPortfolio functionality. \n6. \nThe key risks of copy trading \n6.1 \nIn making a decision to copy a specific trader or traders, strategy and/or portfolio, you should consider \nyour financial situation, including your financial commitments. You should understand that copy trading \nis highly speculative and that you could sustain significant losses exceeding the amount used to copy \na trader or traders as a result of the following: \n(a) \nit will involve automated trading execution whereby trades are opened and closed in your \naccount without your manual intervention; \n(b) \nif you manually modify or close an order generated by the CopyTrader functionality, you \nmay achieve a materially different result than the trader that you copied; \n(c) \ncopied trades in amounts lower than the minimum trade will not be opened; \n(d) \nif you are copying all trades which are currently open, we will open your position at the best \navailable price at the time of copying and not the price at the time which the trade being \ncopied was originally opened; \n\n \n62 \n \n(e) \ncash-out and withdrawals by the copied trader, strategy and/or portfolio when you are using \nthe CopyTrader/CopyPortfolio functionality may also generate a materially different result \nthan the trader that you copied as it may affect the copy trading proportions. This is due to \na number of different factors including starting account balance, minimum trade size, the \ninvestor's account settings, differences in spread, interest and investment price at time of \ninvestment, and also the difference in fees that may be incurred; \n(f) \nfollowing/copying the trading decisions of inexperienced and/or unprofessional traders; \n(g) \nfollowing/copying traders whose ultimate purpose or intention, or financial status may differ \nfrom yours; and/or \n(h) \nfollowing and/or copying traders who trade, or CopyPortfolios which include, products \nrestricted as a result of Applicable Law in relation to your account and where a replacement \nequivalent trade cannot be executed may result in the economic performance, portfolio \ncomposition, risk rating and other factors relating to your portfolio deviating from the \nportfolio of the copied trader or the CopyPortfolio. \n6.2 \nWe are unable to provide any guarantee as to the performance of any particular investment, account, \nportfolio or strategy. Please refer to the Schedule which applies to the underlying product that you are \ncopying for more information on the risks associated with trading that product. \n6.3 \nPast performance, risk scores, statistics and any other information with respect to eToro traders under \nour CopyTrader and/or CopyPortfolio functionality, or of different portfolios and trading strategies under \nour CopyPortfolio functionality are not reliable indicators of future performance. We do not represent \nor guarantee that you will achieve profits or losses similar to those shown on the eToro trader or \nportfolio that you are copying. We also do not represent or guarantee that the risk score of a trader \nwill accurately reflect the risk of their future performances. \n6.4 \nPlease refer to clause 5 of the General Terms and Conditions for more information on the key risks of \nusing our services. \n7. \nConflicts of interest \n7.1 \nWe are required to act in your best interest when providing our services. However, there may be \ninstances where your interest conflicts with our interests, or with another client's interest. For example, \nwith respect to copy trading, we may compensate popular eToro traders who you and/or others have \nelected to follow and/or copy. \n7.2 \nPlease refer to clause 7 of the General Terms and Conditions for more information on the conflicts of \ninterest that may apply to our services. \n8. \nPlacing an order \n8.1 \nBefore you enter into the copy trade, you will need to allocate the amount of money you would like to \nput towards that copy trade. Such amount shall be allocated in transactions at the same proportion as \nit is allocated in the copied account. We will then automatically execute that order for you, which means \nwe will not obtain your confirmation before we do this. The opening of such transactions shall not \nrequire any prior consultation, consent or approval. Trades below the minimum trade amount shall not \nbe opened. \n8.2 \nThere are a number of order restrictions when copy trading, including on the minimum and maximum \namount that can be invested in any eToro trader or portfolio that you copy, the minimum amount on \nany single copy trade, and the maximum number of traders that you can copy. The full restrictions are \nlisted on our website. \n8.3 \nWhen you are using our CopyTrader service, you can choose to copy: \n(a) \nall trades which are currently open in a certain account as well as new trades which are opened \nafter you begin to copy the trader in such account; or \n(b) \nonly new trades which are opened after you begin to copy the trader's account. This means \nthat we will not copy any trades in the trader's account which were entered into before this \npoint. \n\n \n63 \n \n8.4 \nWhen you are using our CopyPortfolio service, the copy trading functionality only permits you to copy \nboth existing and new trades. \n8.5 \nNotwithstanding paragraph 3.2, if you are copying all trades which are currently open, we will open \nyour position at the best available price at the time of copying and not the price at the time which the \ntrade being copied was originally opened. If the relevant markets are closed at the time of copying (for \nexample during a market break) we will open a market order for you and once the market reopens, \nyour order will be executed at the first available price. \n8.6 \nNotwithstanding paragraph 3.2, if you are copying only new trades: \n(a) \nwe will open your positions at the same time as the trades being copied; and \n(b) \nall instructions and actions related to the copied trade will automatically be replicated in your \neToro account (subject to the trade size as explained above), including stop losses, take profits \nand the closing of trades. For example, if a trader that you are copying extends their stop loss \nby adding more funds to their account then your stop loss will be adjusted automatically to \nreflect this. However, your position amount will remain the same as its initial amount. \n8.7 \nThe copy trading service has a number of other functionalities that we may make available to you from \ntime to time. However, we may add, remove, or change the availability and features of these \nfunctionalities, at our discretion. This may impact how you can use the copy trading service on our \nplatform, for example whether you can copy all trades or only new trades of a trader or a portfolio. \n9. \nFees and costs \n9.1 \nWhen you place a copy trade, we will charge you fees on the same basis as those charged to the copied \naccount for the same trades. Please refer to the Schedule which applies to the underlying product that \nyou are copying for more information on the fees and costs associated with that copy trade. \n9.2 \nPlease also refer to clause 21 of the General Terms and Conditions for more information on our fees \nand costs. \n10. \nOur rights and your rights in special circumstances \nPlease refer to the Schedule which applies to the underlying product that you are copying for more \ninformation on our rights and your rights in special circumstances, as well as Part 3 of the General \nTerms and Conditions. \n11. \nLiability \nSubject to Applicable Law, neither eToro Europe nor any affiliates or associate third parties will be liable \nfor any losses arising from: \n(a) \nactions taken by us in order to carry out your written or spoken instructions; \n(b) \ndecisions or actions taken by an eToro trader that you have chosen to copy, including in \nconnection with Portfolios; and/or \n(c) \nspecific investment decisions or actions taken or omitted in good faith by any copied account \nstrategy or portfolio, including portfolios controlled by us. \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"LetyShops","url":"https://letyshops.com/ie/agreement#content","lang":"ENG","sector":"Finance","hq":"Hungary","hq_category":"EU","is_public":"Private","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Terms of use\nBefore you start using the LetyShops.com service (hereinafter referred to as the Service), carefully\nread the terms of this Agreement, the terms of use of the LetyShops.com website, and the policy\nfor processing your personal data set out in this document (hereinafter referred to as\nthe Agreement).\nThis document sets out the terms of the offer to the public (the offer) from the LetyShops KFT\nCompany, drawn up in accordance with the laws of Hungary under company registration number\n13-09-200084, registered at: 2161 Csomád, Akácos utca 15, Hungary (hereinafter referred to as\nthe Company, We), that any person using the Service (hereinafter referred to as You, the\nCustomer) may enter into an agreement on the terms specified in the Agreement.\nBy registering with LetyShops.com, You agree to the terms of the Agreement. This Agreement\ncomes into effect after You complete the Service registration procedure, namely, after You press\nthe Register button on the registration page (offer acceptance).\nAmong other things, the Agreement determines which of Your personal data we use and how they\nare processed. We understand that confidentiality is the priority for the personal data of each\nCustomer. The Agreement describes Your personal data rights, as well as what we do to observe\nthese rights.\nWe have tried to make the Agreement accessible, concise, and clear for You. If anything in the\nAgreement appears to You to be incomprehensible, please contact us via the Help section, and we\nshall provide You with all the necessary explanations.\nCustomer agreement\n1. General provisions\nThe LetyShops Service is an Internet service that allows its Customers to reclaim\nsome of their money spent on purchases made on the Advertisers’ websites after\nusing the LetyShops.com website (this money is hereinafter referred to as\nthe Cashback), as well as to receive informational and advertising notifications about\n1.1\n\nCustomer agreement\n2. How to become a\ncustomer\ndiscounts, promos, and special offers of the Service and Advertisers\n(the Advertiser is any person or business entity that has placed information about its\nproducts or services offered for sale to Customers on the LetyShops.com website).\nIn order for the cashback to be credited to You, You need to go to the chosen\nAdvertiser’s website using the LetyShops link and make a purchase there, in\ncompliance with the terms indicated on the LetyShops website, as well as on the\nwebsite (web page) of the respective Advertiser. If the purchase is made in\ncompliance with all the above terms, as well as the other necessary conditions\nstipulated by this Agreement, and no return of the product (or refusal of the service)\nwas made, the Advertiser pays, either personally or through the affiliated network\nused, to the Company or any of its affiliated persons a commission: a pre-agreed\ncash reward that the Advertiser pays for an attracted buyer who has made an order in\naccordance with the terms of this Agreement (hereinafter referred to as\nthe Commission). After receiving the Commission, LetyShops credits the cashback\nto the Customer at the rate specified on the Advertiser’s page hosted by the\nLetyShops website within a reasonable time, determined at the discretion of\nLetyShops. This process takes an average of thirty days (for the avoidance of doubt,\nthe estimated period is given only for information purposes and does not bind\nLetyShops in any way).\n1.2\nIf the Advertiser does not provide information about the purchases made by the\nCustomer, or LetyShops does not receive the Commission, LetyShops, in turn, is\nentitled not to credit the cashback to the Customer until it obtains this information or\nthe Commission, and is not liable to the Customer for the non-credited cashback in\nthis case.\n1.3\nIn order to become a Customer of the LetyShops Service and make use of it, the\nCustomer must go through the registration procedure on the LetyShops website and\naccept the terms of this Agreement. Registration is required to create the Customer\naccount and its associated internal account, which will take into account the available\ncashback for the purchases made using the Service.\n2.1\n\nCustomer agreement\n3. Receiving a refunding\nof the sum (cashback)\nOnly adults, or minors acting through the person of their legal representatives, are\nentitled to register and become Customers.\nBy registering, the Customer expresses his/her consent to the rules of this Agreement\nand guarantees that he/she is an adult or other person acting through the person of\nhis/her legal representatives in full compliance with the legislation of the state of\ncitizenship of the relevant Customer.\n2.2\nA single person may only have a single account; otherwise, LetyShops reserves the\nright to block and delete duplicate accounts.\n2.3\nLetyShops recommends not disclosing or transferring to other people the login and\npassword of Your account and not saving them to other computers, phones, or\ntablets. In any event, LetyShops is not liable for any damage caused to the Customer\nin connexion with these circumstances.\n2.4\nShould a Customer of the LetyShops Service violate the terms of this Agreement, the\nrights of third parties, or pose a threat to the operation of the Service, LetyShops\nreserves the right to block the account of the Customer, subsequently delete it, and\nterminate the Agreement with the Customer unilaterally, under an extrajudicial\nprocedure, through notification to the email address specified by the Customer when\nregistering with the Service or when subsequently using it.\n2.5\nLetyShops is entitled to make functional changes to the Service operation, change\nthe rules of the cashback crediting, as well as supplement and modify this\nAgreement. By accepting the terms of this Agreement, You acknowledge and agree\nthat further use of the LetyShops Service by the Customer means that he/she has\naccepted such changes.\n2.6\nIf for any reason the Customer changes his/her email address or other data specified\nwhen registering, the Customer undertakes to change them in his/her account with\nthe LetyShops Service as well. Otherwise, there may problems in using the Service,\nfor which LetyShops will not be liable.\n2.7\nIf the LetyShops Customer has made a purchase in compliance with all the terms of\nthe Service and the Advertiser, and the Commission has been transferred from the\n3.1\n\nCustomer agreement\n4. Receiving bonuses\nand other rewards\nAdvertiser to LetyShops in a pre-agreed amount, the cashback is automatically\ncredited to the Customer’s balance on the Service. When the amount reaches a point\nof minimum allowed to withdraw specified at https://letyshops.com/user/payout page,\nthe Customer is entitled to withdraw this amount using any convenient payment\nmethod (the available withdrawal methods are listed on the Withdrawal page in the\npersonal account).\nLetyShops unilaterally sets the cashback rate for each Advertiser and reserves the\nright to change it at any time prior to the moment of crediting the cashback.\n3.2\nCashback is accrued for a purchase made only if the purchase is actually completed\nand payment is made. LetyShops recommends that its Customers save the\ninformation and the documents confirming that they have paid for the product on the\nwebsite of the online store (email or screenshot of the payment page).\n3.3\nNB To avoid non-crediting/rejection of cashback, it is prohibited to make numerous\npurchases in a short period of time from stores with a fixed cashback rate. Such\nactions may be perceived as fraudulent, which may entail the user being blocked. We\ndraw Your attention to the fact that there are various situations in which the Advertiser\nis unable correctly to identify the order made and pay the Commission. The reasons\ncould be computer malware or additional extensions installed in the browser. In such\ncases, LetyShops will not be responsible for the non-crediting of the cashback.\n3.4\nThe Service provides and guarantees the payments only in those currencies and in\nthe ways specified on the site. The Company is not liable for the inability to receive\ncashback in currencies other than those specified on the site. The Company is not\nliable and does not compensate any additional expenses, incl. conversion rates that\ncould be charged when withdrawing a cashback to the account opened in a currency\nother than selected on the site.\n3.5\nThe company reserves the right to decline cashback for a purchased order in case of\nunconfirmed remuneration by a shop or non-receipt of partner fees for 18 months or\nmore from the date of the purchase.\n3.6\nReferral programme\n4.1\n\nLetyShops cashback service offers our clients the opportunity to get a\nreward for attracting new users to LetyShops. To do that please\ngenerate your own referral link under the \"Refer and earn\" section. After\nthat you friend signs up for LetyShops using your link and makes a\nqualifying purchase for €30 at least and you both earn a reward in the\namount of €5. The reward is credited to your account balances as soon\nas your friend receives cashback for the qualifying purchase.\nImportant! A qualifying purchase can consist of one or several orders for a\ntotal amount of €30 or more and should be made in one or more partner\nshops cooperating with LetyShops within 30 days from such a new user's\nregistration date.\n4.1.1\nLetyShops Service provides its Customers with the possibility to\ngenerate, subject to the conditions specified hereinafter in this\nparagraph, on the Referral Programme page of the LetyShops\nwebsite special URL links to certain products or services of the\nAdvertisers and stores of the Advertisers represented in the\nService (hereinafter referred to as the Cashback Link), and earn\ncashback on purchases made by any person, except for the\nService Customers, who has followed the cashback link. The\nCustomer will be credited 100% of the amount of cashback that\neach of those who have followed the cashback link and made a\npurchase could have got if such a purchase had been made by the\nService Customer at the standard cashback rate for the respective\nAdvertiser’s store, excluding any bonuses, promos, and other\ngrounds for boosting cashback (Lety codes, Lety status, etc.). At\nthe same time, specific exceptions, conditions, and limitations for\nthe specified conditions of the referral programme may be drawn\nup from time to time by LetyShops, provided that they are\npublished at a permanent URL https://letyshops.com/ie/partner.\nFor the avoidance of doubt, the exceptions, conditions, and\nlimitations of the referral programme published at\nURL https://letyshops.com/ie/partner are an integral part of the\nterms of application of the rules of the LetyShops referral\nprogramme specified in this Agreement.\nThe conditions for generating cashback links are as follows:\n4.1.2\nYou can create a cashback link only in relation to certain products\nor services of our Advertisers and/or the Advertisers’ stores.\n(a)\nYou can create a cashback link for any page of an Advertiser’s\nstore website, whether it is a product or a service, a store section,\nor the main page.\n(b)\nYou can create an unlimited number of cashback links for one\nproduct/store page.\n(c)\n\nThe cashback link is valid for 12 (twelve) months. If the respective\nAdvertiser terminates his/her cooperation with LetyShops, the\ncashback link is no longer active and will cease to operate as a\nreferral link.\n(d)\nIn order for the cashback for following the cashback link to be\ncredited to You, Your referral must purchase a product or a service\nduring 1 (one) browser session after following Your cashback link,\nas well as comply with all other terms and conditions stipulated in\nparagraph 1.2 thereof.\n(e)\nCashback is subject to accrual only after the order has been\nconfirmed by the Advertiser’s store. If Your referral cancels the\norder, cashback will not be credited to You.\n(f)\nNB The above conditions of the referral programme will apply only\nupon condition that the Customer has not violated one or more of\nthe provisions specified below:\n4.1.3\nIt is forbidden to create referral partners individually, to create a\nreferral network in order to obtain a greater reward. If a fake\nreferral network is detected, all its users will be blocked without\nthe possibility of further withdrawal of the cashback and the\nrestoration of their accounts.\n(g)\nOur Customers are forbidden to send junk in the context of a\nreferral programme. It is strictly forbidden to send junk (in private\nmessages on social media, to groups and communities of partner\nstores, by mailing, etc.) to attract referrals. If a Customer wishes to\nreport cases of using our referral programme to send junk, he/she\ncan do so in the Help section, and LetyShops will take appropriate\nmeasures.\n(h)\nIt is forbidden to use contextual advertising to attract referrals.\n(i)\nIt is strictly forbidden to create any mobile applications,\nextensions, and social media groups on behalf of the Service and\nusing the LetyShops logo. This also applies to pulling up pages\nfrom the LetyShops website inside applications.\n(j)\nIt is strictly forbidden to use the brand name of LetyShops and\npartner stores in the domain names of websites created to attract\ntraffic and referrals under the referral programme.\n(k)\nThe violation by the Customer of any provisions of paragraphs\n4.1.3(a) – 4.1.3(e) entails the blocking of the Customer without the\npossibility of withdrawing funds and the termination of the\nAgreement by LetyShops unilaterally, under an extrajudicial\nprocedure.\n4.1.4\nLetyShops reserves the right to unilaterally change the conditions\nof the referral programme or terminate its operation at any time.\n4.1.5\n\nCustomer agreement\n5. The withdrawal of the\ncashback credited\nLoyalty programme. For loyal Customers of the LetyShops Service, there is a\nloyalty programme, which allows to increase the standard cashback rate.\nCurrent terms of the loyalty programme, including necessary terms and\nconditions, are specified on the user’s Personal cabinet page\nat https://letyshops.com/user.\n4.2\nThe terms of the Loyalty Programme may not apply if the cashback rate differs\nfrom the standard rate, for example, at the time of a cashback promo for the\nrelevant Advertiser or when the Customer uses the Lety code (see below).\nLetyShops reserves the right to unilaterally change the conditions of the\nLoyalty Programme or terminate its operation at any time.\nPremium account. This is an opportunity to increase on a paid basis the value\nof the cashback rate by 30% from the rates announced by the Service. The\nPremium account operates on the basis of a monthly prepayment and is paid\nfor by the accrued cashback. The cost of connecting the account is specified\non the user's Personal cabinet page at https://letyshops.com/user. LetyShops\nreserves the right to unilaterally change the terms of the Premium account\noperation or terminate its operation at any time while notifying its Customers\nthereof.\n4.3\nLety codes. These are special codes that allow an increase in the cashback rate\nwhen they are activated or that provide any other preferential terms set by\nLetyShops. Lety codes are issued and are valid only for the Service and are\navailable only to Customers of the Service. The term of validity for Lety codes\nis established by the Service Administration.\n4.4\nThe provision of any other bonuses or rewards will be governed by the terms\nand conditions accompanying such offers. These terms and conditions govern\nthe payment and crediting of other types of bonuses or rewards if these terms\nand conditions differ from this Agreement.\n4.5\nNB If the Customer has the opportunity to use the Loyalty Programme, the Lety\ncode, and the Premium account, the cashback rates are not added up. Only the\nrate that is most beneficial to the Customer shall apply.\n4.6\n\nCustomer agreement\n6. Authority and\nresponsibility\nThe withdrawal of the cashback credited from the Customer’s internal account\nin the Service is carried out by any method convenient to the Customer offered\nby the Service. To withdraw the cashback, You must meet the following\nconditions:\n5.1\nhe amount of cashback paid must not be less than the minimum\namount specified at https://letyshops.com/user/payout page.\n5.1.1\nYou must make a request for withdrawal by indicating the amount,\nmethod of withdrawal, and other necessary data, including Your\npersonal data, required to effect the payment of the cashback\naccording to the rules of the chosen payment system (see\nparagraphs 2.1.3 , 3.1.2(d) , and 4.1.3 of the Privacy Policy).\n5.1.2\nYou must specify only real, reliable, accurate, and registered data.\n5.1.3\nLetyShops will notify You about the withdrawal of the cashback in a message\nvia the communication channel You have chosen in the relevant section of Your\npersonal account or by emailing to the address You provided on registration or\nin the course of using the Service.\n5.2\nAfter the request is confirmed and LetyShops is commissioned to pay the\ncashback:\n5.3\nThe obligation of LetyShops to pay out the cashback indicated in\nthe request is considered fulfilled.\n5.3.1\nLetyShops is not responsible for what happens to the cash\nthereinafter.\n5.3.2\nLetyShops may use the services and software solutions provided by third\nparties to effect payments of cashback.\n5.4\nLetyShops reserves the right to unilaterally change the withdrawal conditions\nat any time while notifying its Customers.\n5.5\n\nCustomer agreement\n7. Intellectual property\nLetyShops does not sell any products or services but is an advertising platform\nfor Advertisers to place information about their products or services.\n6.1\nLetyShops will not be responsible for the quality of the products or services\nprovided by the Advertisers. All claims relating to the quality of the products or\nservices of the Advertisers will be sent directly to the person who has sold the\ncorresponding product or provided the corresponding service.\n6.2\nLetyShops is not liable for any modification or termination of the activity of the\nAdvertisers, presented on the LetyShops website, as well as for any influence\nthey may have on the cashback accrual in connexion with such changes.\nLetyShops is not liable for any change to or termination of any special offers,\npromotional codes, and coupons on the Advertisers’ websites.\n6.3\nLetyShops is not liable for the quality of the channels of public communication\nnetworks through which access is provided to the LetyShops Service or the\nAdvertiser’s website (services).\n6.4\nLetyShops is responsible for the non-fulfilment or improper fulfilment of the\nobligations assumed to credit the cashback in accordance with the applicable\nlaw, the liability of LetyShops being limited to the amount of actual damage to\nthe Customer caused by its deliberate actions.\n6.5\nLetyShops reserves the right to block or delete the account of the Customer if\nit has not been used to make purchases for 1 (one) year from the date of\nmaking the last purchase through the LetyShops website or from the moment\nof registration (whichever is the more recent). The Customer will receive\nnotification of the potential deletion of his/her account by email as well as in\nthe personal account of the Customer. In case of deletion, all cashback\naccumulated in the Customer’s internal account is cancelled\n6.6\nBy registering at LetyShops or using any other components of the Service, the\nCustomer acknowledges that LetyShops owns the entire content of the\nLetyShops website and related mobile applications. The signs, logos,\ntrademarks of LetyShops, the trademarks and commercial designations of the\nAdvertisers, as well as other data, the results of intellectual activity, and means\n7.1\n\nCustomer agreement\n8. The transfer of rights\nand obligations\nCustomer agreement\n9. Breach of the\ncustomer agreement\nof individualisation, published and available on the LetyShops website, are the\nintellectual property of their respective owners and are protected by applicable\nlaw.\nNo one has the right to copy, distribute, publicly display, or create derivatives\nof the LetyShops website, or use any materials owned by the Company without\nobtaining prior permission from LetyShops.\n7.2\nUsing the services of LetyShops or any other materials owned by LetyShops,\nthe Customer agrees to comply with all additional instructions of LetyShops for\nthe protection of copyrights, trademarks, and other intellectual property\nreflected on the website and mobile applications of LetyShops, as well as all\nother instructions and restrictions.\n7.3\nLetyShops reserves the right to transfer its rights and obligations under this\nAgreement in full or in part to any individual or legal entity without the need to\nobtain the Customer’s consent to this transfer.\n8.1\nThe Customer is not entitled to unilaterally transfer his/her rights and\nobligations to third parties without the prior written consent of the authorised\nrepresentative of LetyShops.\n8.2\n\nCustomer agreement\n10. Malfunction of the\nservice\nLetyShops reserves the right to reject unilaterally, at its sole discretion,\ncashback crediting and to suspend or completely terminate the access of any\nCustomer to the Service’s services if the Customer has breached the terms of\nthis Agreement.\n9.1\nA breach of the terms of the Agreement, among others, is incurred by:\n9.2\nReceiving a message from the Advertiser about cases when the\namount of cashback to be credited to the Customer is larger than\nthe actual amount of payment for the order.\n9.2.1\nFrequent orders for large amounts (the frequency and amount\ndepend on the Advertiser’s store).\n9.2.2\nCompletion of an order with cashback by an employee of the\nAdvertiser’s store.\n9.2.3\nRegistration of several accounts with the store, in order to receive\ncashback at the rate of a new user.\n9.2.4\nForgery of screenshots and cheques.\n9.2.5\nDeclination of the commission for the order by the Advertiser’s\nstore.\n9.2.6\nOther complaints of fraud received from the Advertiser’s store.\n9.2.7\nAny attempt at fraud or deceit on the part of the Customer entails the blocking\nor deletion of his/her account. All accumulated cashback at the time of the\ndeletion of the account, if any, will pass to LetyShops.\n9.3\nIf the Customer suspects fraud, he/she can report it to LetyShops in the Help\nsection. The Customer’s complaint will be reviewed by the relevant service, and\nappropriate measures will be taken by the Service staff.\n9.4\nLetyShops admit the probability of the malfunction of the Service related to\ntechnical problems or intentional actions of third parties. In the event of such\noccurrences, LetyShops will not be liable for cashback non-crediting and other\nnon-performance or improper performance of its obligations under the\nAgreement. LetyShops reserves the right to suspend the Service and its\n10.1\n\nCustomer agreement\n11. The validity and\nduration of this\nagreement\n12. Contacts\nYou can contact us or send Your questions to us using the Help section.\ncomponents until the threats or errors are eliminated. In all cases of Service\nmalfunction, requests for refunding will not be considered.\nLetyShops reserves the right to cancel transactions made during a Service\nmalfunction if there are objective reasons to do so or there are suspicions of\npossible fraud or error.\n10.2\nLetyShops will take all reasonable efforts to eliminate the operative bugs within\na reasonable time.\n10.3\nThis Agreement is considered to be entered into upon completion of the\nCustomer’s registration (the Customer’s acceptance of the offer) and is valid\nuntil the Customer’s account is deleted.\n11.1\nThis Agreement and LetyShops’ relationship with the Customers of the Service\nin connexion with this Agreement is governed by the law of Hungary to the\nextent permitted by national conflict-of-law rules applicable to the parties of\nthis Agreement.\n11.2\nIn case of any linguistic discrepancies in the interpretation of the provisions of\nthis Agreement, the English version of the Agreement shall prevail for\npurposes of its performance, interpretation and settlement of disputes.\n11.3\n\nLetyShops KFT Company, drawn up in accordance with the laws of Hungary under\ncompany registration number 13-09-200084, registered at: 2161 Csomád, Akácos utca 15,\nHungary.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"PAYBACK","url":"https://www.payback.pl/regulamin","lang":"PL","sector":"Finance","hq":"Germany","hq_category":"EU","is_public":"Indirectly public","is_paid":"Free","date":""},"document":{"title":"","text":"Warunki Uczestnictwa w Programie PAYBACK\n1. Wprowadzenie\n1.1 Niniejszy dokument („Warunki Uczestnictwa”) określają zasady funkcjonowania Programu lojalnościowego\nPAYBACK („Program PAYBACK” lub „Program”) oraz warunki uczestnictwa w Programie, w tym zasady\nprzyznawania uczestnikom Programu Punktów.\n2. Program PAYBACK\n2.1 Program PAYBACK jest organizowany i zarządzany przez Loyalty Partner Polska Sp. z o.o. z siedzibą w\nWarszawie (00-839) przy ul. Towarowej 28, NIP: 527 255 88 71, REGON: 141088936, zarejestrowaną przez Sąd\nRejonowy dla m.st. Warszawy w Warszawie, XII Wydział Gospodarczy Krajowego Rejestru Sądowego, pod\nnumerem KRS 0000290350, lub [email protected] („Loyalty Partner”) przy współpracy przedsiębiorców, z którymi\nLoyalty Partner zawarł umowy o współpracy („Partnerzy Programu”). Program jest prowadzony na terenie Polski.\nInformacje o Partnerach Programu aktualnie uczestniczących w Programie dostępne są na stronie internetowej\nProgramu (www.payback.pl).\n2.2 W ramach Programu PAYBACK za czynności określone przez Partnerów Programu lub Loyalty Partner (w\ntym nabycie określonych produktów lub usług Partnerów Programu w ilości wskazanej na stronie internetowej\nProgramu (www.payback.pl) w zakładce „Sklepy online” lub „Sklepy stacjonarne” zostaną przyznane punkty\nPAYBACK („Punkty”).\n3. Uczestnicy\n3.1 Uczestnikiem Programu może być każda osoba fizyczna, która ukończyła 16 lat, posiada co najmniej\nograniczoną zdolność do czynności prawnych, a jej miejsce zamieszkania znajduje się na terenie Polski,\nwykonująca czynności, o których mowa w punkcie 2.2, której został nadany numer PAYBACK.\n3.2 Pierwsze użycie numeru PAYBACK oznacza przystąpienie do Programu PAYBACK. Przed pierwszym\nużyciem numeru PAYBACK, powinni się Państwo, zapoznać z niniejszymi Warunkami Uczestnictwa. Przyznane\nPaństwu Punkty mogą Państwo wymieniać po zarejestrowaniu Państwa w Programie, co nastąpi najpóźniej\ndwadzieścia jeden dni po prawidłowym wypełnieniu i złożeniu formularza zgłoszeniowego PAYBACK.\n3.3 Loyalty Partner nie ma obowiązku informować Państwa o błędnie wypełnionym formularzu. Jednakże jeśli\nPaństwa formularz zgłoszeniowy został wypełniony niekompletnie lub nieczytelnie, Loyalty Partner może podjąć\npróbę skontaktowania się z Państwem celem uzupełnienia Państwa danych.\n3.4 Jednokrotne zgłoszenie do Programu jest wystarczające; Loyalty Partner może nie przyjąć wielokrotnego\nzgłoszenia do Programu tej samej osoby.\n3.5 Dane wprowadzone do formularza zgłoszeniowego lub podane przy zawieraniu Umowy o Instrument\nPłatniczy PAYBACK (w rozumieniu pkt. 5 poniżej) winny być przez Państwa aktualizowane. Zmiany danych,\nmożna dokonać telefonując do Biura Obsługi PAYBACK (numer telefonu: 0 801044440, koszt wg. aktualnego\ncennika danego operatora).\n\n3.6 Informacje dotyczące Programu będą Państwu przekazywane za pomocą komunikatów na stronie\nwww.payback.pl, lub przesyłane na adres korespondencyjny, w formie elektronicznej (w tym: pocztą e-mail) lub\nna numer telefonu, który wskazali Państwo w formularzu zgłoszeniowym, lub w umowie o Instrument Płatniczy\nPAYBACK.\n4. Numer i Karta PAYBACK\n4.1 Nadanie numeru PAYBACK umożliwia udział w Programie na zasadach określonych w niniejszych\nWarunkach Uczestnictwa. Zalecane jest niezwłoczne zarejestrowanie numeru PAYBACK. Numer PAYBACK, do\nczasu rejestracji w Programie traktowany jest jak znak legitymacyjny.\n4.2 Formularz zgłoszeniowy do Programu możecie Państwo otrzymać u wybranych Partnerów Programu lub, za\npośrednictwem strony internetowej www.payback.pl, lub aplikacji mobilnej Programu. Wraz z formularzem\nzgłoszeniowym do Programu otrzymają Państwo kartę lub karty (także w formie zdematerializowanej) Uczestnika\nProgramu („Karta PAYBACK”), zawierające numer PAYBACK. Przyjmuje się, że posiadacz Karty PAYBACK jest\nuprawniony do jej używania.\n4.3 Karta PAYBACK pozostaje własnością Loyalty Partner. Nie należy udostępniać Karty PAYBACK lub Numeru\nPAYBACK osobom trzecim, ani modyfikować wizerunku Karty PAYBACK lub danych na niej zawartych, lub\nkopiować Kart PAYBACK. Zalecane jest zabezpieczenie numeru PAYBACK i Karty PAYBACK przed dostępem\nosób nieuprawnionych. Loyalty Partner zastrzega możliwość odmowy akceptacji Kart PAYBACK zawierających\nzmiany wizerunku lub danych na niej zawartych lub powstałych w wyniku kopiowania Kart PAYBACK.\n4.4 Karty nie są instrumentami płatniczymi, a w szczególności nie są kartami płatniczymi. Jednakże mogą\nPaństwo otrzymać lub nabyć kartę płatniczą lub inny instrument zawierające numer PAYBACK, jeżeli zawrą\nPaństwo w tym celu odpowiednią umowę z współpracującym z Loyalty Partner z wydawcą takich instrumentów\npłatniczych (w szczególności z bankiem lub instytucją pieniądza elektronicznego). Szczegółowe zasady\nwydawania i używania instrumentów płatniczych określają regulacje danego wystawcy. W przypadku\nrozbieżności pomiędzy Warunkami Uczestnictwa a regulacjami wystawcy dotyczącymi instrumentów płatniczych\nzastosowanie znajdują zapisy tych regulacji. W przypadku instrumentów płatniczych udostępnia się dane,\nokreślone w umowie o dany instrument płatniczy i administratorem danych w tym zakresie jest podmiot, z którym\njest zawierana umowa o instrument płatniczy.\n4.5 W przypadku utraty Karty PAYBACK lub podejrzenia, że osoba nieupoważniona wykorzystuje Państwa\nnumer PAYBACK, prosimy o bezzwłoczne poinformowanie Biura Obsługi PAYBACK (numer telefonu: 0 801 044\n440, koszt wg. cennika danego operatora). W takim przypadku Państwa Konto zostanie zablokowane do czasu\nwyjaśnienia nieprawidłowości.\n5. Instrument Płatniczy PAYBACK\n5.1 Instrumentem Płatniczym PAYBACK to identyfikator (w tym: karta lub pieniądz elektroniczny wydany w\noparciu o odrębną umowę między użytkownikiem a podmiotem uprawnionym do wydawania takich instrumentów)\nzawierający numer PAYBACK umożliwiający (miedzy innymi) dokonywanie zapłaty oraz uprawniający do\nkorzystania z Programu na zasadach określonych w niniejszych Warunkach Uczestnictwa („Instrument Płatniczy\nPAYBACK”).\n6. Przyznawanie Punktów\n\n6.1 W związku z dokonywaniem czynności, o których mowa w pkt 2.2 niniejszych Warunków Uczestnictwa, z\nwykorzystaniem numeru PAYBACK, zostaną Państwu przyznane Punkty. Informacja o liczbie przyznawanych\nPunktów jest dostępna na stronie internetowej www.payback.pl w zakładkach „Sklepy online” lub „Sklepy\nstacjonarne”,.\n6.2 Punkty nie podlegają wymianie na pieniądze. Punkty nie są pieniądzem elektronicznym.\n6.3 Partnerzy Programu lub Loyalty Partner określają za jakie czynności są przyznawane Punkty na zasadach\nokreślonych na stronie internetowej www.payback.pl w zakładkach „Sklepy online” lub „Sklepy stacjonarne””.\n6.4 Informacje o Partnerach Programu, uczestniczących w Programie punktach sprzedaży Partnerów oraz inne\ninformacje dotyczące Programu uzyskać mogą Państwo za pośrednictwem Biura Obsługi PAYBACK, na stronie\ninternetowej www.payback.pl, lub w aplikacji mobilnej Programu. U Partnerów Programu uzyskać można\ninformacje związane z uczestnictwem w Programie oraz ogólne informacje dotyczące funkcjonowania Programu.\n6.5 Aby uzyskać Punkty powinni Państwo podać numer PAYBACK (w szczególności okazując swoją Kartę\nPAYBACK) przed: (i) wystawieniem dowodu sprzedaży lub (ii) zakończeniem czynności w związku, z która\nPartnerzy przyznają Punkty PAYBACK, bądź (iii) dokonaniem płatności przy użyciu Instrumentu Płatniczego\nPAYBACK. Zazwyczaj numer Karty PAYBACK jest elektronicznie odczytywany z Karty PAYBACK lub Instrumentu\nPłatniczego PAYBACK. Partnerzy Programu zastrzegają sobie możliwość dokonywania identyfikacji Uczestników\nProgramu za pośrednictwem Karty PAYBACK lub Instrumentu Płatniczego PAYBACK. Po wystawieniu dowodu\nsprzedaży lub po zakończeniu procesu realizacji zapłaty przez Partnera Programu, przyznanie Punktów\nPAYBACK nie będzie możliwe.\n6.6 Jeżeli nie dojdzie do nabycia towarów lub usług, za które zostały Państwu przyznane Punkty, np. gdy\nodstąpią Państwo od umowy, wypowiedzą ją lub uchylą się od skutków prawnych oświadczenia woli, Loyalty\nPartner i Partnerzy Programu zastrzegają sobie prawo do cofnięcia przyznanych Państwu Punktów. To samo\ndotyczy przypadków nadużyć lub błędnego zaksięgowania transakcji.\n7. Konto PAYBACK\n7.1 Przyznane Państwu Punkty są zapisywane pod Państwa Numerem PAYBACK na elektronicznym koncie\nprowadzonym i zarządzanym przez Loyalty Partner („Konto”) z zastrzeżeniem ust. 8.5 poniżej. W przypadku\nzarejestrowania w Programie aktualny stan Konta mogą Państwo sprawdzić za pośrednictwem Biura Obsługi\nPAYBACK (telefonując pod numer: 0 801044440, koszt wg. cennika danego operatora), na stronie internetowej\nwww.payback.pl lub w aplikacji mobilnej PAYBACK. Loyalty Partner może informować Państwa o stanie Państwa\nKonta pocztą lub w formie elektronicznej (np. e-mailem lub SMS-em).\n7.2 Zastrzeżenia dotyczące prawidłowości lub kompletności zawiadomienia o stanie Konta winny zostać\nprzekazane w formie pisemnej do Biura Obsługi PAYBACK (Al. Konstytucji 3 Maja 11, 96-200 Rawa Mazowiecka)\nw ciągu trzydziestu dni po otrzymaniu w/w zawiadomienia. Nieprzekazanie zastrzeżeń we wskazanym terminie\nuznaje się za potwierdzenie stanu Konta. Do zastrzeżeń należy dołączyć odpowiednie dowody wykonania\nczynności określonych w pkt. 2.2. (np. paragon). Państwa zastrzeżenia zostaną niezwłocznie przekazane przez\nLoyalty Partner do właściwego Partnera Programu celem weryfikacji ich zasadności. O rozpatrzeniu zgłoszonych\nzastrzeżeń zostaną Państwo poinformowani niezwłocznie po ich rozpoznaniu, nie później niż w ciągu czternastu\ndni od zgłoszenia zastrzeżeń.\n7.3 Partnerzy Programu przyznający Punkty ustanawiają dla przyznanych Punktów odpowiednie zabezpieczenia.\nZabezpieczenia te znajdują się w zarządzie powierniczym Loyalty Partner.\n\n8. Wymiana Punktów na Nagrody\n8.1 Przyznane Punkty mogą Państwo: (i) wymienić na rzeczy, usługi, materialne lub zdematerializowane\n(cyfrowe) znaki legitymacyjne, lub (ii) przekazać Punkty organizacjom pożytku publicznego współpracującym z\nPAYBACK („Nagrody”). Nagrody są opisane na stronie internetowej www.payback.pl w zakładce „nagrody” lub\n„odbieraj nagrody”.\n8.2 Według stanu z 1 stycznia 2016 roku maksymalna liczba Punktów, która może być jednorazowo wymieniona\nna Nagrodę i jest wolna od podatku (na podstawie art. 21 ust. 1 pkt 68a ustawy „o podatku dochodowym od osób\nfizycznych”) odpowiada 20.000 Punktom. W przypadku zmiany prawa w powyższym zakresie Loyalty Partner\nzastrzega możliwość zmiany liczby Punktów, która może być jednorazowo wymieniona na Nagrody. Powyższa\nzmiana nie stanowi zmiany niniejszych Warunków Uczestnictwa.\n8.3 W przypadku, gdy liczba Punktów zebranych na Państwa Koncie nie wystarcza na wymianę ich na wybraną\nprzez Państwa Nagrodę, Loyalty Partner, z uwzględnieniem kryteriów określonych na stronie internetowej\nwww.payback.pl, a także w regulaminie zamawiania i dostawy Nagród może umożliwić Państwu uzupełnienie\nróżnicy między liczbą Punktów, które są zebrane na Państwa koncie a wartością wybranej Nagrody (wyrażoną w\nPunktach), przez dopłatę odpowiedniej sumy pieniężnej.\n8.4 Punkty wymieniane są zgodnie z kolejnością ich uzyskania w Programie, tzn. Punkty uzyskane przez\nPaństwa wcześniej wymieniane są w pierwszej kolejności.\n8.5 W związku z przetwarzaniem danych między Partnerami i Loyalty Partner Punkty mogą być dostępne celem\nwymiany na Nagrody najpóźniej w ciągu sześćdziesięciu dni od ich przyznania.\n8.6 Nagrody mogą stanowić przychód i podlegać opodatkowaniu.\n8.7 Przed wydaniem Nagrody Loyalty Partner lub Partnerzy Programu mogą powtórnie sprawdzić stan Państwa\nKonta. Wydanie Nagrody jest możliwe tylko w przypadku, gdy dostępna jest wystarczająca liczba Punktów, z\nzastrzeżeniem wyjątku przewidzianego w punkcie 8.2 powyżej.\n8.8 Zamówienie i dostawa Nagród następuje zgodnie z regulaminem zamawiania i dostawy Nagród lub zgodnie z\nzasadami określonymi na stronie internetowej www.payback.pl i jest realizowane na terenie Polski w ciągu\ndwudziestu jeden dni od dnia zamówienia Nagrody, chyba że wskazany zostanie inny termin.\n8.9 Loyalty Partner, jak też wybrani Partnerzy, dostarczają Uczestnikom Programu Nagrody we własnym imieniu.\n8.10 Ze względu na wymogi bezpieczeństwa lub ograniczenia prawne niektóre Nagrody mogą być dostępne tylko\ndla osób pełnoletnich, posiadających pełną zdolność do czynności prawnych.\n9. Wygaśnięcie Punktów\n9.1 Jeśli nie postanowiono inaczej Punkty PAYBACK wygasają po upływie, trzydziestu sześciu miesięcy od ich\nprzyznania , jeśli nie zostały w tym czasie wymienione na Nagrody zgodnie z zasadami Programu. Ponadto, jeśli\nw okresie następujących po sobie dwunastu miesięcy w stosunku do danego Konta PAYBACK nie zostaną\nPaństwu przyznane Punkty PAYBACK ani nie wymienią Państwo Punktów PAYBACK na Nagrody, Państwa\nKonto PAYBACK może zostać zamknięte, a znajdujące się na nim Punkty wygasną.\n\n10. Ustanie uczestnictwa w Programie\n10.1 Z uczestnictwa w Programie mogą Państwo zrezygnować w każdej chwili składając oświadczenie na piśmie\nprzesłane na adres Biura Obsługi PAYBACK (Al. Konstytucji 3 Maja 11, 96-200 Rawa Mazowiecka). Mogą\npaństwo posłużyć się formularzem dostępnym na stronie internetowej programu (www.payback.pl) w zakładce \nformularz rezygnacji - stanowiącym załącznik do ustawy o prawach konsumenta, ale nie jest to obowiązkowe.\n10.2 Z ważnych powodów Loyalty Partner może zawiesić, lub wypowiedzieć Państwu uczestnictwo w Programie.\nZa ważne powody, o których mowa w zdaniu poprzednim uznaje się: udostępnienie numeru PAYBACK osobie\nnieupoważnionej, nadużycie lub inne naruszenia Warunków Uczestnictwa. Wypowiedzenie wymaga formy\npisemnej ze wskazaniem przyczyny wypowiedzenia uczestnictwa w Programie. Ponadto, Loyalty Partner jako\nczęść grupy “American Express” jest zobowiązana do zapewniania przestrzegania najwyższych standardów w\nodniesieniu do operacji finansowych. Możemy zdecydować o przyjęciu reżimów właściwych dla “instytucji\nobowiązanej” na mocy ustawy „o przeciwdziałaniu praniu pieniędzy oraz finansowaniu terroryzmu” lub innych\nprzepisów prawa międzynarodowego (także przyjętych przez ONZ) w tym określonych przez Biuro ds. Kontroli\nAktywów Zagranicznych Departamentu Skarbu Stanów Zjednoczonych. Jeśli Państwa dane zostaną\nopublikowane na liście „Specially Designated Nationals and Blocked Persons list” dostępnej pod adresem\nhttp://sdnsearch.ofac.treas.gov/ Państwa konta PAYBACK, zostanie zamknięte bez uprzedniego powiadomienia.\nDodatkowe informacje o stosowaniu sankcji międzynarodowych są dostępne nas stronie MSZ:\nhttps://www.msz.gov.pl/pl/c/MOBILE/polityka_zagraniczna\n\n/polityka_bezpieczenstwa/sankcje_miedzynarodowe/. Możecie Państwo odwołać się od wypowiedzenia w ciągu\nczternastu dni od otrzymania zawiadomienia o wypowiedzeniu, wysyłając pisemne oświadczenie zawierające\nuzasadnienie na adres Biura Obsługi PAYBACK (Al. Konstytucji 3 Maja 11, 96-200 Rawa Mazowiecka). Loyalty\nPartner udzieli Państwu odpowiedzi w ciągu trzydziestu dni od dnia wpływu Państwa odwołania.\n10.3 Zakończenie uczestnictwa w Programie prowadzi do utraty zebranych Punktów. Uczestnik, który zamierza\nzrezygnować z Programu, powinien uprzednio wykorzystać zgromadzone Punkty.\n10.4 Po rezygnacji lub w przypadku upływu terminu wypowiedzenia winni Państwo zaprzestać z korzystania z\nnumeru PAYBACK. O ile umowa z wystawcą Instrumentu Płatniczego nie określa innych skutków, zakończenie\nuczestnictwa w Programie nie ma wpływu na obowiązywanie umowy o Instrument Płatniczy z funkcjami\nPAYBACK zawartej z podmiotem o którym mowa w pkt. 5 (powyżej).\n11. Zmiana Warunków Uczestnictwa\n11.1 Niniejsze Warunki Uczestnictwa mogą zostać zmienione lub uzupełnione przez Loyalty Partner z przyczyn\ntakich jak konieczność zapewnienia bezpiecznego i zgodnego z przepisami prawa funkcjonowania Programu, a\nw szczególności zapobiegania nadużyciom. O zmianach zostaną Państwo powiadomieni przez publiczne\nogłoszenie w punktach sprzedaży Partnerów oraz na stronie internetowej www.payback.pl z trzydziestodniowym\nwyprzedzeniem. Zmianę uważa się za potwierdzoną, jeśli w ciągu miesiąca od w/w zawiadomienia nie\nwypowiedzą Państwo uczestnictwa w Programie lub gdy przed upływem tego terminu użyją Państwo numeru\nPAYBACK w sposób przewidziany w niniejszych Warunkach Uczestnictwa.\n12. Wspólne zbieranie Punktów i łączenie kont\n12.1 Za pomocą dodatkowych Kart PAYBACK dołączonych w formularzu zgłoszeniowym do Państwa Karty\nPAYBACK (karta główna) inna osoba („Współuczestnik”) może zbierać Punkty, które zapisane zostaną na\n\nPaństwa wspólnym Koncie PAYBACK.\n12.2 Każdy Współuczestnik jest uprawniony do udostępnienia informacji na temat zebranych Punktów,\nzgłaszania zastrzeżeń lub dysponowania Punktami (np. poprzez ich wymianę) na tych samych zasadach, co\nUczestnik (główny). Skierowanie do Uczestnika (głównego) informacji dotyczących Programu (np. zmiany w\nProgramie, zawiadomienia o stanie Państwa Punktów) uważa się jednocześnie za przesłanie Współuczestnikom.\nPodział Punktów miedzy Współuczestnikami jest możliwy w drodze powództwa o zniesienie współwłasności.\n12.3 Przeniesienie Punktów na rzecz innych Uczestników Programu jest możliwe w drodze połączenia Kont.\nPołączenia Kont można dokonać z pośrednictwem Biura Obsługi PAYBACK (numer telefonu: 0 801044440, koszt\npołączenia wg. cennika danego operatora).\n13. Zakończenie Programu PAYBACK\n13.1 Loyalty Partner może zawiesić lub zakończyć Program. O takiej decyzji zostaną Państwo niezwłocznie\npoinformowani, przynajmniej trzydzieści dni przed zawieszeniem lub zakończeniem Programu. Informacja ta\nzostanie przekazana także na stronie internetowej www.payback.pl, w punktach sprzedaży Partnerów Programu\nlub w materiałach reklamowych.\n13.2 Gdy Program zostanie zakończony, mogą Państwo wymienić swoje Punkty na Nagrody w terminie\nokreślonym w zawiadomieniu o zakończeniu Programu. Po upływie tego terminu wymiana Punktów nie będzie\nmożliwa.\n14. Reklamacje\n14.1 Reklamacje lub informacje o nieprawidłowościach dotyczących Programu PAYBACK prosimy zgłaszać do\nBiura Obsługi PAYBACK – na piśmie na adres: Al. Konstytucji 3 Maja 11, 96-200 Rawa Mazowiecka lub za\npomocą formularza kontaktowego na stronie www.payback.pl w zakładce „Kontakt”. Loyalty Partner rozpatrzy\nreklamację niezwłocznie, nie później niż w ciągu czternastu dni od daty ich otrzymania. Mogą Państwo\nskorzystać z pozasądowych sposobów rozpatrywania reklamacji i dochodzenia roszczeń zgodnie z zasadami\nokreślonymi na stronie www.uokik.gov.pl w zakładce „Rozstrzyganie sporów konsumenckich”(lub na stronie\ninternetowej innego właściwego organu do spraw ochrony konsumentów).\nDla wszystkich praw i obowiązków, jakie wynikną z niniejszych Warunków Uczestnictwa, właściwe jest prawo\npolskie.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"PayPal","url":"https://www.paypal.com/pl/webapps/mpp/ua/useragreement-full?locale.x=en_PL","lang":"ENG","sector":"Finance","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"28.01.2022"},"document":{"title":"","text":"PAYPAL USER AGREEMENT \nAbout Your Account \nThis user agreement will be effective for all users as of January 28, 2022. \nWelcome to PayPal! \nThese are the terms and conditions of the contract between you and PayPal (Europe) S.à \nr.l. et Cie, S.C.A. (“PayPal”) governing your use of your PayPal account and the PayPal \nservices, which we call our user agreement. It applies only to PayPal accounts of \nresidents of Poland. This user agreement does not apply to your use of PayPal's Xoom \nservice, which is separately governed by the Xoom Legal Agreements. If you are an \nindividual, you must be at least 18 years old and have full legal capacity to enter into a \ncontract to open a PayPal account and use the PayPal services. If you are a business, the \nbusiness must be registered in Poland. \nTo use the PayPal services you need to open a PayPal account. By opening and using a \nPayPal account, you agree to comply with all of the terms and conditions in this user \nagreement. You also agree to comply with the following additional documents and each \nof the other documents on the Legal Agreements page that apply to you: \n• \nFees page \n• \nPayPal's Buyer Protection program \n• \nPayPal's Seller Protection program \n• \nAcceptable Use Policy \n• \nAlternative Payment Methods Agreement \n• \nAll future changes notified in the Policy Update already published on the “Legal \nAgreements” page. \nPlease read carefully all of the terms and conditions of this user agreement and each of \nthe other documents that apply to you. \nWe may revise this user agreement and any of the documents listed above from time to \ntime. The revised version will be effective at the time we post it, unless otherwise noted. \nIf our changes reduce your rights or increase your responsibilities we will post a notice \non the Policy Updates page of our website and provide notice to you of at least two \nmonths. By continuing to use our services after any changes to this user agreement take \neffect, you agree to be bound by those changes. If you do not agree with any changes, \nyou may close your account before the changes take effect. \nInformation about us and our service \nPayPal’s main business is the issuance of electronic money and the provision of payment \nservices using that electronic money. \n\nFor more information about us and our service, you can read our Key Payment and \nService Information. \nThis user agreement, together with other legal terms and legally required disclosures \nrelating to your use of our service will be made available to you at all times on the PayPal \nwebsite (typically located on the “Legal Agreements” page). We may also send this \ninformation to you. \nYou may request a copy of any legally required disclosures (including this user \nagreement and the Key Payment and Service Information) from us and we will provide \nthis to you in a form which allows you to store and reproduce the information (for \nexample, by e-mail). \nOpening an account \nWe offer two types of accounts: personal accounts and business accounts. \nPersonal accounts \nWith a personal account you can send and request money from friends and family and \npay online for purchases. \nHolders of certain existing personal accounts may be required to upgrade their accounts \n(which may include providing further information to PayPal) in order to be able to use all \nof the current functionality available in a personal account. \nTo use your PayPal account primarily to sell things, you must open a business account or \nconvert your personal account to a business account. \nBusiness accounts \nBusiness accounts are for people and organizations (whether incorporated or not) that \nprimarily use PayPal to receive online payments for sales or donations. \nBusiness accounts may be subject to fees that differ from the fees applicable to personal \naccounts. See our Fees for further details. \nBy opening a business account or converting a personal account to a business account, \nyou certify to us that you are using it primarily for a business or commercial purpose. \nCommercial Entity Status \nIf the activity through any type of PayPal account you hold reaches certain thresholds or \ninvolves certain business segments or activities, you are required by the card networks to \nagree to Commercial Entity Agreements directly with our processing partners to allow \nyou to continue accepting card-funded payments. In this case, these Commercial Entity \n\nAgreements will apply to any payment processed by PayPal on your behalf in addition to \nthis user agreement. \nSafe use of your PayPal account \nYou should take reasonable steps to stop your PayPal account being misused. You must \nmaintain adequate security and control of any and all devices, items, IDs, passwords and \npersonal identification numbers / codes that you use to access your PayPal account and \nthe PayPal services. Please see our Key Payment and Service Information for guidelines. \nYou must comply with all reasonable instructions we may issue regarding how you can \nkeep your payment instrument safe. \nWe may require you to authenticate any instruction relating to your account (i.e. give us \nthe information that we need to be sure that it’s you giving us the instruction, such as \nsubmitting your correct log-in information – this could include your e-mail address and \npassword) and otherwise successfully log into your PayPal account to provide to us your \ninstruction. \nYou must keep your postal address, email address, phone number of a phone to which \nyou are the primary user and other contact information current in your PayPal account \nprofile. \nYou may expressly grant, remove and manage permissions for some third parties to take \ncertain actions on your behalf. In some cases you can do this when logged into your \naccount – in other cases you can do this directly with the third party. You acknowledge \nthat if you grant permission for a third party to take actions on your behalf, we may \ndisclose certain information about your account to this third party. \nYou may permit third party service providers licensed by applicable law to: \n• \nProvide account information services to access information about your account on \nyour behalf; \n• \nConfirm whether an amount necessary for the execution of a card-based payment \ntransaction is available on your account; or \n• \nProvide payment initiation services to initiate payments from your account on \nyour behalf. \nGranting permission to any third party to access your account in any way does not relieve \nyou of any of your responsibilities under this user agreement. You are liable to us for the \nactions that you authorize the third parties to carry out. You will not hold us responsible \nfor, and you will indemnify us from, any liability arising from the actions or inactions of \nsuch third parties in connection with the permissions you granted, subject to your \nmandatory legal rights. \nClosing Your PayPal Account \n\nYou can close your account at any time. See the PayPal Help Center for how to do this. \nWe may close your account at our convenience by providing you with 2 months’ prior \nnotice. We may also close your account at any time if: \n1. You are in breach of this user agreement and/or we are otherwise entitled to close \nyour account under this user agreement; \n2. You do not access your account for 3 years; or \n3. We suspect that your account has been accessed without your authorization. \nWhere we decide to close your account we will provide you with notice of account \nclosure and where practicable, the reasons for closing your account, together with the \nability to withdraw any undisputed funds that we are holding. \nWhen your account is closed: \n• \nThis user agreement terminates immediately, except that this user agreement \nsurvives termination to the extent and for so long as we require to deal with the \nclosure of your account and to comply with applicable laws and regulations; \n• \nWe may cancel any pending transactions and you will forfeit any balances \nassociated with special funding arrangements; \n• \nWe may suspend, limit or terminate your access to or use of our services, \nwebsites, software, systems (including any networks and servers used to provide \nany of the services) operated by us or on our behalf or some or all of the services; \n• \nYou will remain liable for all outstanding obligations under this user agreement \nrelated to your account prior to closure; \n• \nWe may keep your account information in our database for the purpose of \nfulfilling our legal obligations; and \n• \nWe may retain your electronic money after closure to the extent and for the time \nwe reasonably require to protect us and/or any third party against the risk of \nreversals, fees, fines, penalties and other liabilities of whatever nature. After this \ntime you will be able to withdraw any undisputed funds that we are holding. \nPlease Contact Us if you have any questions about funds held in your account on \nclosure. \nIf you are the legal representative of an incapacitated or deceased account holder, \nplease Contact Us for assistance. \nIn the event that we decide to discontinue any of our services or any portion or feature of \nour services for any reason, we will give you at least two months prior notice before \ndiscontinuing the service or feature, unless we determine in good faith that: \n• \nThe service or feature must be discontinued sooner as required by law or a third-\nparty relationship; or \n• \nDoing so could create a security risk or substantial economic or material technical \nburden. \n\nLinking and Unlinking a Funding Source \nAll money in your account is legally termed “electronic money”, which is recognized \nthroughout the European Economic Area as a form of money suitable for use online. \nYou can use a funding source as a way to pay us to obtain electronic money in your \naccount or to receive withdrawals from your account, as further outlined in this user \nagreement (see in particular Adding or Withdrawing Money and Funding your Payment. \nYou can link or unlink a credit card, debit card, a prepaid card (where available) a bank \naccount or PayPal Credit (where available) to your PayPal account as a funding source. \nWe may limit the availability of your funding sources to manage our risk. \nPlease keep your funding source information current (e.g. credit card number and \nexpiration date). If this information changes, we may update it using information and \nthird-party sources available to us without any action on your part. If you do not want us \nto update your card information, you may contact your issuer to request this or remove \nyour funding source from your PayPal account. If we update your funding source, we will \nkeep any preference setting attached to that funding source. You may choose to confirm \nyour card or bank account, so that we can verify that the card or bank account is valid and \nthat you are its owner. We may allow you to do this by following the \"Link and Confirm \nCard\" process (for cards) or the \"Bank Confirmation\" process (for bank accounts) or \nother processes which we may notify to you or which we may publish from time to time. \nYour continuous permission for us to charge your funding sources \nBy linking a funding source to your PayPal account, you give us continuous permission \nto automatically charge that funding source (subject to this user agreement and the terms \nof any mandate (e.g. bank direct debit) used by the provider of that funding source to set \nup and maintain that authority) for the required value of the electronic money: \n• \nTo cover the payment amount (plus all transaction fees payable to us) when you \nuse your account to send a payment to another user; and \n• \nTo top up your account when you use the Add Funds functionality account \ninterface. \nWe may charge the funding source again if the previous attempt failed. If you cancel any \ncontinuous permission from your funding source, you will reimburse us for the value of \nany electronic money we’ve already issued for which a charge from that funding source \nremains outstanding. \nYou can stop the permission by unlinking the funding source from your PayPal account. \nRisk of reversals to your funding source and when eCheques may arise \n\nWhen we receive a payment from your funding source we may store the resulting \nelectronic money in your reserve account for as long as we have reason to believe that \nthere is risk of reversal by the funding source provider. This is because we do not have all \nthe information necessary to place the funds from your payment at your disposal in your \nPayPal balance while there is such a risk of reversal. \nWhen you instruct us to make a payment from your account to another user funded by a \npayment from your bank account and we store the resulting electronic money in this way, \nwe call this type of payment from your bank account an “eCheque” payment. See \nFunding payments you send from your account below for how we use eCheques. \nHolding and using a PayPal balance \nYou will not receive interest or any other earnings on the money in your account. This is \nbecause the money in your account is electronic money and European law forbids paying \ninterest on electronic money. Also, electronic money is not a deposit or an investment \nunder Luxembourg law, so the Luxembourg deposit guarantee or investor indemnity \nschemes administered by the Conseil des Protection des Deposants et des Investisseurs \ncannot protect you. \nWe may store and move the money in your account in and between: \n• \nThe PayPal balance; and \n• \nThe reserve account, \nat any given time subject further to this user agreement. \nPayPal balance \nThe operational part of your account contains your PayPal balance, which is the balance \nof money available for payments or withdrawals. \nWhen you use our payment service to pay another user, you instruct us to transfer the \nmoney from your PayPal balance to the recipient’s account. \nYou need to have enough PayPal balance in cleared funds to cover the amount of any \npayment you make and the transaction fees you owe us at the time of the payment. Other \nrequirements also apply – see the section Making a Payment below. If you have \ninsufficient PayPal balance or have chosen a preferred funding source you are also \nrequesting us to obtain funds on your behalf from your applicable funding source and \nissue electronic money to your PayPal balance for your payment to be made. \nWhen you withdraw your money you need to have enough PayPal balance to cover the \nvalue of any withdrawal at the time of the withdrawal. \n\nSee Adding or Withdrawing Money to know how to get a PayPal balance and how to \nwithdraw it. \nIf your PayPal balance shows a negative amount, this is the net amount you owe to us at \nthe given time. \nReserve account \nMoney marked in your account overview as “pending”, “uncleared”, “held” or otherwise \nrestricted or limited at any given time is held in the part of your account which acts as a \nreserve account. You cannot access and use money stored in the reserve account. \nAdding or Withdrawing Money \nAdding money \nTo get electronic money into your account you can, subject further to this user \nagreement: \n• \nAccept a payment in your account from someone else. We may charge you fees \nfor this; or \n• \nObtain electronic money from us by paying us an equivalent amount. \nYou can obtain electronic money from us by: \n• \nAutomatically using your applicable funding source(s) to cover the amount of the \npayments that you instruct us to send to other users (and the transaction fees \npayable by you to us).; or \n• \nManually using the “Add Funds” function available from your account interface \nto pay us or instructing us to charge your funding source for the electronic money. \nThe execution of any payment to us from your funding source provider is your funding \nsource provider’s legal responsibility. We have no control over how long the payment to \nus will take. \nWithdrawing money \nIf you have a PayPal balance, you may withdraw any amount by transferring it to your \nnominated funding source linked to your PayPal account, as we may allow from time to \ntime. This could include your bank account or debit or credit card, depending on the \ncountry in which your PayPal account is registered. \nWhen you instruct us to withdraw any amount of your PayPal balance, subject further to \nthis user agreement we will: \n\n• \nConvert the electronic money to money that we can transfer to your nominated \nfunding source; and \n• \nInstruct our own bank to transfer that money to your nominated funding source. \nWe aim to send the withdrawal payment instruction to our bank by the end of the next \nBusiness Day (“Business Day” means a day on which banks in Luxembourg are open to \nthe general public) if there are no other delays subject to this user agreement. Once our \nbank receives our payment instruction, we have no control over how long the payment to \nyou will take to complete. At this point, our bank, your funding source provider and the \npayment systems that they rely on take over responsibility for getting the money to your \nnominated funding source and this can affect the time it takes for you to receive your \nmoney. We may allow you to withdraw the money by transferring the money to: \n• \nAn eligible bank account (where we make this available) through: \no A standard transfer to your bank account linked to your account (this \nwithdrawal/redemption functionality is sometimes known as “transfer to \nbank”); or \no An Instant Transfer to your bank account linked to your account. \nWe may allow the above transfers to be made through the debit card \nattached to that bank account. \n• \nYour branded MasterCard or Visa card (where we make this available). \nFees apply to withdrawals. We will also disclose to you the fees in advance each time \nyou initiate such a withdrawal. \nThe funding source (for example, bank account or card) into which you request the \nwithdrawal must be denominated in the original opening currency of your account or \nanother currency that PayPal supports for withdrawals in your country of residence. \nYou may only withdraw PayPal balance in the opening currency of your account, unless \nwe agree otherwise. In order to withdraw PayPal balance held in another currency you \nwill have to convert the currency to the opening currency of your account, or it will be \nconverted for you at the time of your withdrawal. Our transaction exchange rate will be \nused. \nThis means that if you withdraw: \n• \nA PayPal balance held in a currency other than the original opening currency of \nyour account, the conversion into your original opening currency will be \nperformed using our transaction exchange rate. \n• \nTo a funding source (for example, bank account or card) denominated in a \ncurrency other than the original opening currency of your account, the conversion \ninto the currency in which the funding source is denominated will be performed \nusing our transaction exchange rate. \n\nYour issuer may also charge you if a currency conversion to the currency your card is \nissued in, is required. \nIf you have a business account, this transactions exchange rate will not apply. Instead, \nyou will pay a currency conversion fee applied on an external base exchange rate as \ndescribed on the Fees Page (see also the \"How We Convert Currency\" section). \nTo protect you, our other users and us from loss and to allow us to comply with our anti-\nmoney laundering and other legal obligations, we may delay a withdrawal, in certain \nsituations, including if we need to confirm that you have authorized the withdrawal or if \npayments to your PayPal account have been subject to a reversal (for example, as a result \nof a chargeback, bank reversal or dispute by a buyer). If we place a limitation on your \nPayPal account, a payment is subject to a hold, or your account or an associated account \nhas a negative balance in any currency while a withdrawal from your PayPal account is \npending, you will have to reinitiate the withdrawal once the limitation or hold has been \nlifted, or negative balance is fully paid off. \nWe may set limits on your withdrawals, and you can view any withdrawal limit by \nlogging into your PayPal account. You must follow the steps that we will notify to you or \npublish from time to time (which we may set out in your account overview) to lift your \nwithdrawal limit. \nManaging Your Money in Multiple Currencies \nWhen you open your account, it is configured for use with the opening currency of your \naccount. \nThe opening currency of your account is Polish zloty (PLN). \nYou may set the currency on your card. \nWe may configure your account further so that you can use it to store money and send \nand receive payments in currencies other than the opening currency of your account. If \nyou hold a PayPal balance, we may allow you to convert it to balance in another \ncurrency. \nIf your PayPal balance is not enough to cover the amount of a payment you instruct us to \nmake in a particular currency, we may perform a currency conversion from any PayPal \nbalance in another currency to cover the shortfall. There may be some restrictions on \nwhere you can send payments in certain currencies. \nWe may allow you to choose the way in which your account treats and/or converts \npayments received in currencies other than the opening currency of your account. To \nreceive money in a currency other than the opening currency of your account, it may be \nnecessary to create a balance in that currency or convert the money into another currency \nthat we allow you to hold. \n\nPayments in certain currencies can only be received by automatic conversion of the \nmoney into another currency that we allow you to hold. \nIf you receive a payment from anyone who doesn’t have a PayPal account and that \npayment is in a currency which your account is not currently configured to use, we may \nautomatically convert the amount received into a currency that your account is configured \nto use at the time the payment is made. \nPlease see the Withdrawing Money section above to see how withdrawals in different \ncurrencies can be made. \nIf one of the currency balances in your account shows that you owe us an amount of \nfunds for any reason, we may set off the amount you owe us by using funds you maintain \nin a different currency balance or by deducting amounts you owe us from money you \nreceive into your account, or money you attempt to withdraw or send from your account, \nor in a different account, and by deducting funds from any withdrawals you attempt to \nmake. If, for a period of 21 days, you have a PayPal balance that reflects an amount \nowing to us that is not in Polish zlotys (PLN), we may convert the amount you owe us to \nPolish zlotys (PLN). \nWe may, at our discretion, impose limits on the amount of money you can convert or the \nnumber of conversions you can perform. You are responsible for all risks associated with \nmaintaining multiple currencies in a PayPal account. You may not manage or convert \ncurrencies for speculative trading purposes, conversion arbitrage, conversion options, or \nany other activity that we determine is primarily for the purpose of gaining or making \nmoney based on currency conversion rates. We may hold, cancel, or reverse any \ntransaction we determine to violate this policy. \nHow we convert currency \nOther than as set out below and on the Fees Page, if PayPal converts currency, it will be \ncompleted at the transaction exchange rate we set for the relevant currency exchange. \nThe transaction exchange rate is adjusted regularly, typically between 5pm and 7pm \nEastern Standard Time (EST) (in New York City, USA) on every Business Day and those \nchanges will be applied immediately. \nYou can access a \"Currency Converter\" tool to see what transaction exchange rate may \napply for certain currency conversions. Any rates shown using the Currency Converter \ntool indicate the applicable rates at the time you use the tool and are subject to change. \nSubject to other provisions of the user agreement, when you complete a transaction, the \ntransaction exchange rate applying to the transaction will be shown to you so you can \ndecide to make your payment at that rate or not. In certain circumstances, that transaction \nexchange rate may apply to the payment for the transaction whenever it is processed; or \nthat rate may be valid only if transaction is processed by the seller within a limited time, \nas stated prior to the initiation of the transaction. After that limited time, we may use the \n\ntransaction exchange rate in effect at the time the transaction is processed by the seller, or \nnot perform the currency conversion. \nIf you have authorized a payment under a billing agreement, and we perform a currency \nconversion for that payment, we will use the transaction exchange rate in effect at the \ntime the payment transaction is processed by the seller. Therefore, the transaction \nexchange rate for each payment under a billing agreement may vary. \nIf you are a seller and you have agreed that you will bear the transaction exchange rate \nrather than the buyer, or if you have a business account and you convert currency in your \nPayPal account that does not form part of a specific transaction into or out of your \naccount (e.g. converting your balance to another currency), the transaction exchange rate \nwill not apply. Instead, you will pay a currency conversion fee applied on an external \nbase exchange rate, as described on the Fees Page. The external base exchange rate is \nbased on rates within the wholesale currency markets on the conversion day or the prior \nBusiness Day. \nCurrency conversion choices \nWhen your payment is funded by a debit or credit card and PayPal determines currency \nconversion is necessary, you consent to and authorize us to convert the currency in place \nof your debit or credit card issuer. \nYou may have the right to have your card issuer convert the currency of the card payment \ninto the currency in which you send the payment from your PayPal account, if applicable \nfor that card issuer and network. This selection may be presented to you in various forms, \nincluding setting the currency of your card, a choice of which currency is used for the \ntransaction, whether we or your card issuer performs the conversion, or which conversion \nrate is used for the transaction, among others. If your card issuer converts the currency, \nyour card issuer will determine the currency conversion rate and what fees they may \ncharge. \nPayPal will always perform the conversion for transactions where you use existing \nbalance or your linked bank account is the funding source. \nIf PayPal determines currency conversion is necessary for a transaction that also requires \na backup funding source to be chosen, you may not be able to separately choose whether \nPayPal or your card issuer performs the currency conversion on the payment from your \nbackup funding source. \nWhere a currency conversion is offered at the point of sale by the merchant, not by \nPayPal, and you choose to authorize the payment transaction on the basis of the \nmerchant's exchange rate and charges, PayPal has no liability to you for that currency \nconversion. \nAccount Statements and Requesting Account Records \n\nUnless your account is restricted you may view and download your PayPal account \nstatement by logging into your PayPal account. You agree to review your transactions \nthrough your PayPal account history instead of receiving periodic statements by email. \nKey information relating to your payments will be provided to you via e-mail and your \ntransaction history will also be updated and made available to you at any time by logging \ninto your account. You can also access a downloadable report from your PayPal account. \nThis will show all fees incurred and any other amounts charged to your PayPal account in \nthe relevant period. The report will only be updated and made available if there has been \nany activity on your PayPal account or any fees have been incurred in the relevant period. \nThe way in which we provide the transaction information will allow you to store and \nreproduce the information unchanged, for example by printing a copy. \nWe reserve the right to charge a fee for providing you with additional information or for \nproviding the transaction history and other information about fees in a different way but \nwe won’t charge you for records requested in connection with your good-faith assertion \nof an error in your PayPal account. \nFees \nWe charge fees for our services as set out on the fees page. \nQuoted fees are inclusive of all applicable taxes; however, other taxes or costs may exist \nthat are not paid through or imposed by us. \nYou are liable for telephone charges and any charges made by your internet service \nprovider or similar or associated charges as a result of the use by you of our services. \nWe may deduct our fees from your PayPal balance. We may deduct our transaction-\nrelated fees from the amounts we transfer before those funds are credited to your PayPal \nbalance. \nWe will provide you with the details of the amounts you receive and our fees charged \neither by e-mail or in your transaction history (which you can access by logging into your \naccount). \nIf your payment requires you to pay a fee to us, we may disclose that fee to you when you \nprovide your payment instruction to us. \nYou cannot set off or deduct any amounts from our fees. \nWe may make a charge for any additional services we provide outside this user \nagreement. We will tell you of those charges when you ask for the service. \nPAYPAL USER AGREEMENT \n\nMaking A Payment \nGeneral provisions for making a payment \nYour payment instruction \nWe may allow you to provide your payment instruction to us in any way which we may \nnotify to you from time to time. The way in which you provide your payment instruction \ncan depend on the type of payment you are making – for example: \n• \nIf you are paying for a purchase or making a donation, many sellers and/or fund \ncollectors allow you to provide your payment instruction to us in a dedicated \nPayPal checkout or other PayPal payment collection integration on their site. \n• \nYou can use the “Send Money” feature when you log into your PayPal account to \nsend a payment to someone. \nWe may require you to authenticate your payment instruction (i.e. give us the information \nthat we need to be sure that it’s you giving us the instruction, such as submitting your \ncorrect log-in information – this could include your e-mail address and password) and \notherwise successfully log into your PayPal account to provide to us your payment \ninstruction. \nWe may offer you to select certain recipients for a faster payment experience, which \nmakes them a \"trusted beneficiary\" for your future payments made to that recipient. We \nwill not normally ask you to log in (with password, PIN or similar) for these payments \nwhen they are made. You can access and edit your list of trusted beneficiaries in your \nPayPal account at any time. \nCancelling your payment instruction \nOnce you provide you payment instruction to us, you may not cancel it, except if it is a \npayment instruction under a billing agreement (see below for more details). \nHow long will my payment take? \nYour payment to another user will leave your account within the Business Day after we \nreceive your complete payment instruction. \nThe payment will leave your account within 2 Business Days if we receive your complete \npayment instruction: \n• \nOn a day which is not a Business Day; or \n• \nAfter 2.00pm local Polish time on a Business Day. \nWe may allow you to ask us to make your payment on a specific later date, in which case \nyour payment will leave your account on that later date. \n\nOther provisions in this user agreement may cause the above timeframes to be extended. \nWhen we may refuse to make your payment \nWe may treat your payment instruction as not complete and we may refuse to make your \npayment if: \n• \nYou do not have enough money in your PayPal balance; \n• \nWe have reason to believe that your linked funding sources do not have sufficient \nfunds to cover the money required to make your payment; \n• \nYou do not provide us with all mandatory information requested in the relevant \npayment or checkout flows which we use to obtain your payment instructions (for \ninstance, sufficient details of the recipient as we may request and authentication \nof your payment instruction); \n• \nThe payment exceeds the sending limit we tell you about when you try to make \nthe payment; or \n• \nWe have reason to believe that a restricted activity has happened in relation to \nyour account or you are otherwise in breach of this user agreement. \nWhen your payment is not accepted by the recipient \nIf we allow you to send a payment to someone who does not have a PayPal account, the \nrecipient can claim the money by opening a PayPal account. \nIf the recipient already has a PayPal account, they can refuse to accept the money. \nIf the recipient refuses to accept the money or doesn’t open a PayPal account and claim \nthe money within 30 days after the date it is sent, the money (including any fees you were \ncharged) will be refunded to your PayPal account. See Refunds to your account for what \ncan happen when your PayPal account receives a refund. \nSending limits \nWe may, at our discretion, impose limits on the amount and value of payments you can \nmake, including money you send for purchases. You can view any sending limit by \nlogging into your PayPal account. To lift your sending limit, you must follow the steps \nthat we will notify to you or publish from time to time (which we may set out in your \naccount overview). \nSetting up automatic charges from your account \nSeller delayed payments \nWhen you pay certain sellers or pay for certain purchases (for instance, purchases which \nhave to be shipped to you or may be updated and finalized by the seller), you are \nproviding: \n\n• \nAn authorization to the seller to collect your payment at a later time; and \n• \nAn instruction to us to automatically pay that seller when the seller requests \npayment. \nYour authorization will typically remain valid for up to 30 days, but may remain valid for \nlonger. If you have balance, we may hold the payment amount as pending until the seller \ncollects your payment. If your payment requires a currency conversion by us, the \ntransaction exchange rate will be determined and applied (as described in the Currency \nConversion section) at the time the payment is processed. \nYour authorization allows the seller to update the payment amount before the seller \ncollects the payment (to account for any changes to the purchase that you may agree with \nthe seller, such as additional taxes, shipping or postage charges or discounts). We are not \nrequired to verify any changes at any time (including at the time the payment is \ntransferred). We may transfer any amount on the basis of your authorization and upon \nreceiving instructions from the seller of the final payment amount. \nBilling agreement payments \nYou can use a billing agreement to manage payments to the same recipient(s) on an \nongoing automatic basis. When you enter into a billing agreement: \na. You authorize the named recipient(s) to collect payments from your account as \nthe recipient determines (this could be for payments of amounts you owe the \nrecipient for a purchase of goods or services under a separate contract that you \nhave with the recipient); and \nb. You instruct PayPal to pay the named recipient(s) (or other recipient(s) that the \nnamed recipient(s) direct(s)) when the named recipient(s) request(s) PayPal to \nmake your payment. \nThis makes the recipient a “trusted beneficiary” of all your payments made to that \nrecipient, so we will not normally ask you to login (with password, PIN or similar) to \napprove these subsequent payments when they are made. \nPayments made under the billing agreement may be in variable amounts and may be \nmade on various dates. We are only a payment service provider so we can’t (and please \ndon’t expect us to) know what you have or haven’t agreed with the recipient or to know \nwhy the recipient decided to collect your payment. We are not obliged to verify or \nconfirm the amount the recipient presents to us for the purpose of processing payments \nmade under the billing agreement. \nWe use several names for payments that can be managed by a billing agreement – these \ninclude “automatic payments”, \"subscription payments\", \"recurring payments”, \n“reference transactions”, \"preauthorized transfers\" or \"preapproved payment.\" \n\nYou can cancel your billing agreement at any time in your account interface or by \ncontacting us. Where a payment under that billing agreement is scheduled to be made \nbefore the end of the next Business Day after you tell us to cancel it, we may cancel your \nbilling agreement after that payment has been made. If you cancel a billing agreement, \nyou may still owe the recipient money for goods or services that you have received but \nhave not paid for. \nIf we determine currency conversion is necessary for a billing agreement payment, and \nwe perform the conversion, we will use the transaction exchange rate in effect at the time \nthe payment is processed. The transaction exchange rate for each payment transaction \nmay vary. \nRefunds to your account \nHow refunds can happen \nWe may allow the recipient of your payment to: \n• \nRefuse to accept it; or \n• \nDecide to accept it and then use our service to send you a refund of all or any part \nof the amount of the payment later. \nWe will return the amount of any refused payment or refunded payment to your Balance. \nWe will return the amount of an unclaimed payment to your balance within 30 days after \nthe date you initiated the payment. If any amount of any payment is returned to you in \nany of the ways outlined above, we may convert the returned amount for you into either: \n• \nThe currency of the balance you used for the original payment (before any \nconversion into the currency received by the recipient happened); \n• \nThe opening currency of your account; or \n• \nUS dollars (opening a balance in that currency for you, if you don’t have one \nalready). \nIf the original payment you sent involved a currency conversion we will convert the \nreturned amount from the currency received by the recipient as follows: \n• \nIf the amount is returned within one day of the date of the original payment we \nwill use our transaction exchange rate applicable on the date of the original \npayment, so that you receive the original amount in the original currency you \nconverted for the original payment. \n• \nIf the amount is returned after one day of the date of the original payment we will \nuse and you agree to accept our transaction exchange rate applicable at the time of \nthe conversion of the returned amount. \nThe transaction exchange rate may be applied immediately and without notice to you. \n\nWe may also automatically withdraw the returned amount from your balance and transfer \nthe funds back to the funding source you used for the original payment. Withdrawals can \nalso involve a currency conversion – see the section on Withdrawing Money above. \nRisks when receiving refunds \nThe returned amount could be lower in value than your original payment amount. This \ncan happen as a result of: \n• \nThe recipient sending you a refund lower in value than your original payment \namount. As we are only a payment service provider, we cannot know what you \nare entitled to from the original payment recipient as a refund or why the recipient \nsent the refund in a particular amount; or \n• \nTransaction exchange rate fluctuations. \nPayPal is not responsible for any loss resulting from the recipient's decision to refuse or \nrefund your payment, except to the extent that a refund sent by the recipient is a payment \nexecuted incorrectly by PayPal \nWe are not liable to you for the difference between the value of your original payment \nand the value of the resulting refund, except to the extent that the refund is an incorrect \npayment (see the section on Resolving Problems). \nFunding Your Payment \nSelecting a preferred funding source \nYou may select a preferred funding source when logged into your account. Subject to this \nuser agreement, the preferred funding source will be used as the default funding source \nfor payments you send from your account. \nYou can set separate preferred funding sources for some billing agreement payments. \nSpecial Funding Arrangements \nSome payments can be funded by special funding arrangements linked to your PayPal \naccount, such as merchant/transaction specific balance, gift vouchers or other \npromotional funding arrangements. The use and priority of these special funding \narrangements are subject to further terms and conditions between you and us. Your \naccount overview may show the notional amount available in your special funding \narrangements to fund qualifying payments at any given time. This amount does not \nconstitute electronic money, is not deemed part of your PayPal balance and is not \nredeemable in cash - it only represents the amount of electronic money which we offer to \nissue and credit to your account at the time of (and only to immediately fund) a \nqualifying payment, subject to (and only for the period outlined in) the further terms and \nconditions of use of that special funding arrangement. If your payment funded by a \n\nspecial funding arrangement is reversed at a later time for any reason, we will keep the \namount that represents the portion of that payment that was funded by your special \nfunding arrangement and (provided that the special funding arrangement has not already \nexpired) reinstate the special funding arrangement. \nFunding payments you send from your account \nWe will obtain electronic money for the payment you send from your account from the \nfollowing sources in the following order to the extent they are available: \n1. Special Funding Arrangements (if available for the given transaction) \n2. Preferred funding source (if selected and available) \n3. Pre-existing PayPal balance \n4. Bank account (instant transfer via bank mandate) \n5. PayPal Credit (where available) \n6. PayPal-branded debit card (where available) \n7. PayPal-branded credit card (where available) \n8. Debit card \n9. Credit card \n10. Bank account (eCheque) \nPayPal’s Buyer Protection Program \nWhen you buy something from a seller who accepts PayPal, you may be eligible for a \nrefund under PayPal’s Buyer Protection program. When applicable, PayPal’s Buyer \nProtection program entitles you to reimbursement for the full purchase price of the item \nplus the original shipping costs you paid, if any. PayPal determines, in its sole discretion, \nwhether your claim is eligible for PayPal’s Buyer Protection program. PayPal’s original \ndetermination is considered final, but you may be able to file an appeal of the decision \nwith PayPal if you have new or compelling information not available at the time of the \noriginal determination or you believe there was an error in the decision-making process. \nThe program terms and conditions are set out in PayPal’s Buyer Protection program page \nand form part of this user agreement. \nPAYPAL USER AGREEMENT \nReceiving Payments \nGeneral provisions for receiving payments \nPayPal may allow anybody (with or without an account) to make a payment instruction \nresulting in the issuance or transfer of electronic money to your account. \n\nBy integrating (including by having already integrated) into your online \ncheckout/platform any functionality intended to enable a payer without a PayPal account \nto send a payment to your PayPal account, you agree to all further terms of use of that \nfunctionality which PayPal will make available to you on any page on the PayPal or \nBraintree website (including any page for developers and our Legal Agreements page) or \nonline platform. Such further terms include the PayPal Alternative Payment Methods \nAgreement. \nThe receipt of a payment into your account does not equate to the receipt of cleared \nfunds. A notification that a payment has been sent to you does not amount to a receipt of \nelectronic money in your account unless you have accepted the payment. \nWe may allow you to accept payments in any currency supported by our Service from \ntime to time. \nWhere you (instead of PayPal) offer the payer at the point of sale a currency conversion \nof an amount you receive through PayPal, you will inform the buyer of the exchange rate \nand any charges that will be applied to the payment transaction. PayPal has no liability to \nany buyer if you fail to inform the buyer of the exchange rate and charges. You \nacknowledge that if you fail to disclose the exchange rate and charges to the buyer this \nmay constitute a criminal offence by you. \nAny payment sent to you may be subject to a reversal, payment review, limitation, \nreserve or hold as allowed under this user agreement. \nReceiving limits \nWe may, at our discretion, impose limits on the amount and value of payments you can \nreceive, including money you receive for purchases. To lift your receiving limit, you \nmust follow the steps that we will notify to you or publish from time to time (which we \nmay set out in your account overview). \nNew checkout solution \nOur new checkout solution consists of: \n• \nOur dedicated bundled checkout capability in your online checkout/platform to \nenable a buyer with or without an account to send a payment to your account; and \n• \nOur supporting Fraud Tool. \nWe may offer you all, any part or any combination of parts of the new checkout solution \nas our new checkout solution service. If we offer you the new checkout solution and you \nchoose to use it, in addition to this user agreement, you agree to the following further \nterms relating to the following capabilities: \n\n• \nThe PayPal Alternative Payment Methods Agreement, when you use our APM \nfunctionality as part of the new checkout solution; and \n• \nThe PayPal Online Card Payment Services Agreement, when you use: \no Our Advanced Credit and Debit Card Payments service as part of the new \ncheckout solution bundle; and \no Our Fraud Protection as part of the new checkout solution. \nOur Fees for using the new checkout solution apply. \nRules about surcharging \nPayPal does not encourage surcharging because it is a commercial practice that can \npenalize the consumer and create unnecessary confusion, friction and abandonment at \ncheckout. \nYou may only surcharge for the use of our services in compliance with any law \napplicable to you and not in excess of the surcharges that you apply for the use of other \npayment methods. \nIf you surcharge a buyer, you, and not we, will inform the buyer of the requested charge. \nWe are not liable to any buyer where you have failed to inform the buyer of any \nsurcharge. You acknowledge that you could be committing a criminal offence if you \nsurcharge and/or fail to disclose any form of surcharge to a buyer. \nPresentation of PayPal \nUse reasonable endeavors to treat PayPal as a payment method or mark at least on par \nwith any other payment methods offered at your points of sale, wherever PayPal’s \nbranded services are integrated, including your websites or mobile applications. This \nincludes at least equal or better: \n• \nLogo placement, \n• \nPosition within any point of sale, \n• \nTreatment of PayPal’s services or marks in terms of: \no Payment flow, \no Terms, \no Conditions, \no Restrictions, \no Fees, \no Prominence; and \no Sequence of presentation to your customers, \nin each case as compared to other marks and payment methods at your points of sale. \nIn representations to your customers or in public communications: \n\n• \nDo not mischaracterize any PayPal service as a payment method; and \n• \nUse reasonable endeavors to not exhibit a preference for other payment methods \nover any PayPal service. \nWithin all of your points of sale, use reasonable endeavors to: \n• \nNot dissuade or inhibit your customers from using PayPal; and \n• \nNot encourage your customers to use an alternate payment method. \nIf you enable your customers to pay you with PayPal, whenever you display or exhibit \nthe payment methods that you accept (either within any point of sale or in your marketing \nmaterials, advertising and other customer communications), use reasonable endeavors to \ndisplay the PayPal services payment marks at least as prominently, and in at least as \npositive a manner, as you do for all other payment methods. \nWithout limiting any other rights we have, we may withdraw any discounts on our fees \nand instead we may charge you our full standard rates if: \n• \nYou fail to fully achieve the absolute objectives set out in this “Presentation of \nPayPal” section; or \n• \nYou apply a surcharge for the use of any PayPal service. \nTaxes and information reporting \nIt is your responsibility to determine what, if any, taxes apply to the payments you make \nor receive, and it is solely your responsibility to assess, collect, report and remit the \ncorrect taxes to the appropriate authority. We are not responsible for determining whether \nany taxes apply to your transaction, or for calculating, collecting, reporting or remitting \ntaxes arising from any transaction. As a bank service provider no sales tax applies to the \nPayPal services in the EU. \nYour refund policy and privacy policy \nYou must publish a refunds and return policy, as well as a privacy policy. \nMarketplace sellers \nIf you’re a seller on a marketplace or through a third-party application where PayPal is \noffered, you must comply with any rules that apply to the marketplace’s or the third party \napplication’s buyer protection program for sales you make through that forum. Any such \nprotections may require you to take certain actions and may impact how claims are \nprocessed. \nWe may allow you to authorize certain marketplaces to use your account to pay amounts \nyou owe to the marketplace or to the buyer (as the case may be) arising from a claim \n\nunder the terms of the marketplace’s own resolution process (which we call marketplace \ndue amounts). If you give such an authorization and the marketplace notifies us of the \nclaim, you instruct us to process payments of all and any marketplace due amounts \nrelating to that claim from your PayPal account to that marketplace or to the buyer (as the \ncase may be) according to the marketplace’s instructions to us. We may treat your \ninstruction for the payment of any given marketplace due amount as cancelled if we \ndecide that the claim would have been determined in your favor had it been filed as a \nclaim with us. You can also cancel this instruction by contacting us. All claims filed \ndirectly with the marketplace are governed by the marketplace’s own policy only. The \nterms of PayPal Seller Protection do not cover you for claims filed by your buyers \ndirectly with the marketplace. \nAccepting billing agreement payments \nIf we allow you to accept payments from a payer under a billing agreement, when you \npresent to us a payment request under that billing agreement, you: \n• \nWarrant to us that the amounts you present have been agreed and consented to by \nthe payer whose account will be deducted (including changes to those amounts) \nand that you will give prior notice of the deduction to the payer; and \n• \nAgree that you will notify the payer at least 4 weeks in advance of the amount \nthey will collect if that amount has increased in such a manner that the payer \ncould not have reasonably expected to pay such an amount, taking into account \nthe payer’s previous spending patterns and the circumstances of the payment and \nthat you are liable to us for any refunds of that payment in accordance with the \nterms of this user agreement. \nPayPal Payouts \nIf you are using PayPal Payouts (formerly Mass Pay), the terms of the PayPal Payouts \nAgreement will apply. \nYour responsibility as a Corporate Customer to notify PayPal of pricing or \nfee errors \nOnce you have access to any account statement(s) or other account activity information \nmade available to you by PayPal with respect to your business account(s), you will have \nsixty (60) days to notify PayPal in writing of any errors or discrepancies with respect to \nthe pricing or other fees applied by PayPal. If you do not notify PayPal within such \ntimeframe, you accept such information as accurate, and PayPal shall have no obligation \nto make any corrections. For the purposes of this provision, such pricing or fee errors or \ndiscrepancies are different than unauthorized transactions and other electronic transfer \nerrors which are each subject to different notification timeframes as set forth herein. \nRefunds and reversals of payments \n\nWhen you receive a payment, it could be refunded or reversed. We may allow you to \nsend to the payer a refund of the payment. We may carry out a reversal of your payment \nin certain circumstances. See the rest of this section for more details. \nRefunds \nYou alone are (and PayPal is not) responsible for: \n• \nYour legal and contractual obligations towards the payer for any amount you \nreturn to the payer; and \n• \nAny difference between the cost to the payer of making the original payment and \nthe value of the amount returned to the payer (for instance, as a result of \ntransaction exchange rate fluctuations) except to the extent that the refund is an \nincorrect payment (see the section on Resolving Problems). \n \nSee our fees for details of the fees you paid to us as the recipient of the original \npayment which we retain when you use the special commercial transaction refund \nfunctionality in your PayPal account, as we may allow from time to time, except \nto the extent that the refund is an incorrect payment (see the section on Resolving \nProblems). \nReversals \nIf you receive a payment in your account, you owe us the full amount of the payment and \nour losses arising from processing the payment (including any Chargeback fee or Dispute \nfee). This can include our liability (including any fees, charges and penalties) towards \nany third party (including the payer and the payer’s funding source provider). \nA reversal happens when we exercise our right to set off the above amounts from your \naccount under the section Reimbursement for your liability in this user agreement. If your \nPayPal balance for a particular currency is insufficient to cover the amount you owe us in \nthat currency, we may perform a currency conversion from any PayPal balance in another \ncurrency to cover the shortfall against our transaction exchange rate applicable at the time \nthe reversal is being processed. This means that, for example, if you are a seller, amounts \nof payments received in your account may be removed from your account after you have \ndelivered any goods or services sold. \nA reversal can happen when: \n• \nWe reimburse the payer in respect of a PayPal Buyer Protection claim the payer \nmade against you. \n• \nWe compensate the payer or the payer’s funding source provider (or both) \nbecause we receive a claim from the payer or their funding source provider for the \npayment amount under the reversal process used by that funding source provider. \nFor instance: \n\n• \nIf the payer used a card to fund the payment to you the payer could pursue a \n“chargeback” with the card issuer. The card issuer, not us, determines whether the \npayer is successful when they pursue a chargeback. You can find out more about \nchargebacks by reviewing our Chargeback Guide, accessible via the PayPal \nSecurity Center and the section called: “Selling Safely”. The PayPal Security \nCenter is accessed via the PayPal website. We charge you a fee for receiving a \nchargeback claim. \n• \nIf the payer used a bank account to fund the payment the payer or the bank could \npursue a bank reversal. \nThe amount claimed may be greater than the original amount you received due to \ncurrency exchange rate fluctuations between the time of payment and the time of the \nclaim. \n• \nWe may have to compensate your payer when they claimed that there was a \nproblem with their payment (including that their payment was unauthorized or \nincorrect or that their billing agreement payment was not expected) – see \nResolving Problems. \n• \nWe are entitled to carry out the reversal for any other reason under this user \nagreement, including the provision Actions We May Take if You Engage in Any \nRestricted Activities. \nDispute fees \nPayPal will charge a Dispute fee to sellers for facilitating the online dispute resolution \nprocess for transactions that are processed either through a buyer’s PayPal account or \nthrough the ‘Payments without a PayPal account’ service. The Dispute fee applies when \nthe buyer pursues a claim directly with PayPal, a chargeback with their card issuer, or a \nreversal with their bank. The Dispute fee will be charged at either the Standard Dispute \nfee rate or the High Volume Dispute fee rate. The Dispute fee will be charged in the \ncurrency which you selected for the original transaction listing. If the transaction was in a \ncurrency not listed in the Dispute fee table the fee charged will be in your primary \nholding currency. The Dispute fee will be deducted from your PayPal account after the \nclaim is decided. \nThe Dispute fee amount will be determined when the dispute case is created. The fee is \nbased on the ratio of the total transaction amount of all Item Not Received and \nSignificantly Not as Described claims you receive compared to the total amount of your \nsales for the previous three calendar months (Dispute Ratio). Your total claims include \nall Item Not Received and Significantly Not as Described claims that are filed either \ndirectly with and escalated to PayPal or with the buyer’s card issuer or bank. Your total \nclaims do not include claims for Unauthorized Transactions. For example, for the month \nof September, your Dispute Ratio will be calculated by considering your total claims to \n\nsales ratio over June, July, and August. The claims ratio for September will determine the \ndispute fee for all claims filed in October. \nIf your Disputes Ratio is 1.5% or more and you had more than 100 sales transactions in \nthe previous three full calendar months, you will be charged the High Volume Dispute \nfee for each dispute. Otherwise, you will be charged the Standard Dispute fee for each \ndispute. \nYou will not be charged a Standard Dispute fee for disputes that are: \n• \nInquiries in PayPal’s Resolution Center that are not escalated to a claim with \nPayPal. \n• \nResolved directly between you and the buyer and not escalated to a claim with \nPayPal. \n• \nFiled by the buyer directly with PayPal as an Unauthorized Transaction. \n• \nDeemed by PayPal in its sole discretion to have met all the requirements under \nPayPal’s Seller Protection program. \n• \nClaims with a transaction value that is less than twice the amount of a Standard \nDispute fee. \n• \nDecided in your favor by PayPal or your issuer. \nYou will not be charged a High Volume Dispute fee for disputes that are: \n• \nInquiries in PayPal’s Resolution Center and not escalated to a claim with PayPal. \n• \nResolved directly between you and the buyer and not escalated to a claim with \nPayPal. \n• \nFiled by the buyer directly with PayPal as an Unauthorized Transaction. \nSellers charged High Volume Dispute fees may be required to provide information to us \nincluding the cause of their increased dispute rate. \nDisputes listed above may be excluded from being charged a Standard Dispute fee or a \nHigh Volume Dispute fee, but the claim itself may still be included in the overall \ncalculation of your Dispute Ratio. \nChargeback fees \nFor transactions that are not processed either through a buyer’s PayPal account or \nthrough the ‘Payments without a PayPal account’ service, and where the buyer pursues a \nchargeback for the transaction with their card issuer, PayPal will charge you a \nChargeback fee for facilitating the chargeback process. This fee will apply regardless of \nwhether the buyer is successful in pursuing the chargeback with the card issuer. \nThe applicable chargeback fee will be deducted from your PayPal account. The \nchargeback fee is applied as specified in the Chargeback fee table and will be charged \nin the currency which you selected for the original transaction listing. If the transaction \n\nwas in a currency not listed in the Chargeback fee table the fee charged will be in your \nprimary holding currency. \nImpact of PayPal’s Buyer Protection program on sellers \nYou should read our PayPal’s Buyer Protection program and if you sell goods and \nservices to buyers with PayPal accounts in countries other than your own, you also \nshould be familiar with the purchase protection made available by PayPal to buyers in \neach of those countries as buyers’ rights under these programs may impact you as a \nseller. You can find information about PayPal Buyer Protection on the Legal \nAgreements page by selecting your buyer’s location at the top of the page and referring \nto the corresponding PayPal Buyer Protection program provisions in the corresponding \nuser agreement. \nIf you lose a claim under PayPal’s Buyer Protection program in any country: \n• \nYou must forfeit the full purchase price of the item or transaction plus any \noriginal shipping cost. This applies when you are the primary seller or a \nsecondary seller of goods or services. For example, event ticketing agents, or \nonline travel agents will forfeit the full purchase amount paid by the buyer. In \nsome cases you may not receive the item back. \n• \nThe Buyer Protection claim will only be considered fully resolved if: \no The refund to a buyer is processed through PayPal, or \no You provide evidence acceptable to PayPal, in its sole discretion, that the \nbuyer agreed to the alternative resolution provided. \n• \nYou will not receive a refund of the PayPal fees that you paid in connection with \nthe sale. \n• \nIf the claim was that the item received was Significantly Not as Described, you \nmay not receive the item back, or you may be required to accept the item back \nplus pay for return shipping costs. \n• \nIf the claim was that the item received was Significantly Not as Described and \nrelated to an item you sold that is counterfeit, you will be required to provide a \nfull refund to the buyer and you may not receive the item back. \nIf you accept PayPal payments from buyers for goods or services you sell through eBay, \nthen you need to read and understand the eBay Money Back Guarantee program. Unless \nyou opt out by calling eBay, PayPal will treat eBay’s decisions in favor of your buyers \nunder that program as a basis for reversing a PayPal payment made to you. If the balance \nin your cash account or business PayPal account is insufficient to cover the amount, we \nmay: \n• \nPlace a hold on your PayPal account until sufficient funds become available in \nyour PayPal account to cover the amount; or \nCreate a negative balance in your PayPal account. \n\nPayPal's Seller Protection Program \nWhat’s eligible \nIf you have sold something to a buyer and have already shipped the physical item or \nprovided an intangible good and the transaction is later disputed or reversed under \nReversals, Claims or Chargebacks, you may be eligible for reimbursement under \nPayPal’s Seller Protection program. When it applies, PayPal’s Seller Protection program \nentitles you to retain the full purchase amount. There is no limit on the number of \npayments for which you can receive coverage. By accessing the transaction details page \nin your PayPal account you can determine whether or not your transaction is eligible for \nprotection under this program. \nThe program terms and conditions are set out in PayPal’s Seller Protection program page \nand form part of this user agreement. \nPAYPAL USER AGREEMENT \nRESTRICTED ACTIVITIES, HOLDS & \nLIQUIDATED DAMAGES \nRestricted Activities \nIn connection with your use of our websites, your PayPal account, the PayPal services, or \nin the course of your interactions with PayPal, other PayPal customers, or third parties, \nyou must not: \n• \nBreach this user agreement, the PayPal Acceptable Use Policy, the Commercial \nEntity Agreements (if they apply to you), or any other agreement between you \nand us; \n• \nViolate any law, statute, ordinance, or regulation (for example, those governing \nfinancial services, consumer protections, unfair competition, anti-discrimination \nor false advertising); \n• \nInfringe PayPal’s or any third party's copyright, patent, trademark, trade secret or \nother intellectual property rights, or rights of publicity or privacy; \n• \nSell counterfeit goods; \n• \nAct in a manner that is defamatory, trade libelous, threatening or harassing; \n• \nProvide false, inaccurate or misleading information; \n• \nSend or receive what we reasonably believe to be potentially fraudulent or \nunauthorized funds; \n• \nRefuse to cooperate in an investigation or provide confirmation of your identity or \nany information you provide to us; \n\n• \nAttempt to “double dip” during the course of a dispute by receiving or attempting \nto receive funds from both PayPal and the seller, bank or card issuer for the same \ntransaction; \n• \nControl an account that is linked to another account that has engaged in any of \nthese restricted activities; \n• \nConduct your business or use the PayPal services in a manner that results in or \nmay result in; \no Complaints; \no Requests by buyers (either filed with us or card issuers) to invalidate \npayments made to you; \no Fees, fines, penalties or other liability or losses to PayPal, other PayPal \ncustomers, third parties or you; \n• \nUse your PayPal account or the PayPal services in a manner that PayPal, Visa, \nMasterCard, American Express, Discover or any other electronic funds transfer \nnetwork reasonably believes to be an abuse of the card system or a violation of \ncard association or network rules; \n• \nAllow your PayPal account to have a balance reflecting an amount owing to us; \n• \nProvide yourself a cash advance from your credit card (or help others to do so); \n• \nAccess the PayPal services from a country that is not included on our permitted \ncountries list; \n• \nTake any action that imposes an unreasonable or disproportionately large load on \nour websites, software, systems (including any networks and servers used to \nprovide any of the PayPal services) operated by us or on our behalf or the PayPal \nservices; \n• \nFacilitate any viruses, trojan horses, malware, worms or other computer \nprogramming routines that attempts to or may damage, disrupt, corrupt, misuse, \ndetrimentally interfere with, surreptitiously intercept or expropriate, or gain \nunauthorized access to any system, data, information or PayPal services; \n• \nUse an anonymizing proxy; use any robot, spider, other automatic device, or \nmanual process to monitor or copy our websites without our prior written \npermission; or use any device, software or routine to bypass our robot exclusion \nheaders; \n• \nInterfere or disrupt or attempt to interfere with or disrupt our websites, software, \nsystems (including any networks and servers used to provide any of the PayPal \nservices) operated by us or on our behalf, any of the PayPal services or other \nusers’ use of any of the PayPal services; \n• \nTake any action that may cause us to lose any of the services from our Internet \nservice providers, payment processors, or other suppliers or service providers; \n• \nUse the PayPal services to test credit card behaviors; \n• \nCircumvent any PayPal policy or determinations about your PayPal account such \nas temporary or indefinite suspensions or other account holds, limitations or \nrestrictions, including, but not limited to, engaging in the following actions: \nattempting to open new or additional PayPal account(s) when an account has a \nnegative balance or has been restricted, suspended or otherwise limited; opening \nnew or additional PayPal accounts using information that is not your own (e.g. \nname, address, email address, etc.); or using someone else’s PayPal account; or \n\n• \nHarass and/or threaten our employees, agents, or other users. \n• \nAbuse of our online dispute resolution process and/or PayPal’s Buyer Protection \nprogram and/or PayPal’s Seller Protection program; \n• \nCause us to receive a disproportionate number of claims that have been closed in \nfavor of the claimant regarding your PayPal account or business; \n• \nHave a credit score from a credit reporting agency that indicates a high level of \nrisk associated with your use of the PayPal services; \n• \nUse a credit card with your PayPal account to provide yourself with a cash \nadvance (or help others to do so); \n• \nDisclose or distribute another user’s information to a third party, or use such \ninformation for marketing purposes unless you receive the user’s express consent \nto do so; \n• \nSend unsolicited email to a user or use the PayPal services to collect payments for \nsending, or assisting in sending, unsolicited email to third parties; \n• \nCopy, reproduce, communicate to any third party, alter, modify, create derivative \nworks, publicly display or frame any content from the PayPal website(s) without \nour or any applicable third party’s written consent; \n• \nReveal your account password(s) to anyone else, nor may you use anyone else's \npassword. We are not responsible for losses incurred by you including, without \nlimitation, the use of your account by any person other than you, arising as the \nresult of misuse of passwords; \n• \nDo, or omit to do, or attempt to do or omit to do, any other act or thing which may \ninterfere with the proper operation of the PayPal service or activities carried out \nas part of PayPal services or otherwise than in accordance with the terms of this \nuser agreement; \n• \nRequest or send a personal transaction payment for a commercial transaction; \n• \nAllow your use of the PayPal service to present to PayPal a risk of non-\ncompliance with PayPal’s anti-money laundering, counter terrorist financing and \nsimilar regulatory obligations (including, without limitation, where we cannot \nverify your identity or you fail to complete the steps to lift your sending, receiving \nor withdrawal limit or where you expose PayPal to the risk of any regulatory fines \nby European, US or other authorities for processing your transactions); \n• \nIntegrate or use any of the PayPal services without fully complying with all \nmandatory requirements communicated to you by way of any integration or \nprogrammers’ guide or other documentation issued by PayPal from time to time; \n• \nAdvertise, promote, introduce or describe PayPal Credit or any PayPal co-branded \ncredit based payment instrument to your customers without: (1) obtaining the \nnecessary regulatory permission to do so in advance; and (2) the prior written \npermission of PayPal and (if not PayPal) the issuer of the credit to do so; \n• \nSuffer (or cause us to determine that there is a reasonable likelihood of) a security \nbreach of your website or systems that could result in the unauthorized disclosure \nof customer information. \nYou agree that engaging in the above restricted activities diminishes your or our other \ncustomers’ safe access and/or use of your account and our services generally. \n\nActions We May Take if You Engage in Any Restricted Activities \nIf we believe that you’ve engaged in any of these activities, we may take a number of \nactions to protect PayPal, its customers and others at any time in our sole discretion. The \nactions we make take include, but are not limited to, the following: \n• \nTerminate this user agreement, limit your account, and/or close or suspend your \naccount, immediately and without penalty to us; \n• \nRefuse to provide the PayPal services to you in the future; \n• \nAt any time and without liability, suspend, limit or terminate your access to our \nwebsites, software, systems (including any networks and servers used to provide \nany of the PayPal services) operated by us or on our behalf, your PayPal account \nor any of the PayPal services, including limiting your ability to pay or send \nmoney with any of the payment methods linked to your PayPal account, \nrestricting your ability to send money or make withdrawals; \n• \nHold your money to the extent and for so long as reasonably needed to protect \nagainst the risk of liability. You acknowledge that, as a non-exhaustive guide: \n• \nPayPal’s risk of liability in respect of card-funded payments that you receive can \nlast until the risk of a chargeback closing in favor of the payer/buyer (as \ndetermined by card scheme rules) has passed. This depends on certain factors, \nincluding, without limitation: \na. The type of goods or services for which you receive payment; or \nb. The timeframe for delivery of the goods or performance of the services for \nwhich you receive payment (e.g. sales of event tickets months in advance \nof the event date can present a higher and more enduring risk of \nchargebacks than sales of most other items or services); \n• \nPayPal’s risk of liability in respect of a claim or dispute arising from a payment \nthat you receive can last for the time that it takes for the parties to close the claim \nor dispute and all appeals associated with that claim or dispute in accordance with \nPayPal Buyer Protection \n• \nPayPal’s risk of liability in respect of any event of insolvency that you suffer can \nlast for as long as and to the extent that laws applicable to your insolvency restrict \nPayPal from taking legal action against you; and \n• \nIf you allow your PayPal account to have a balance reflecting an amount owing to \nPayPal, PayPal’s risk of liability can last for the time and to the extent that you \nowe that amount to PayPal. \n• \nBlock your PayPal account and/or hold any funds in the reserve account \n(including, without limitation, for more than 180 days if so required by PayPal, \nwhere PayPal’s rights arise from your engagement in the restricted activity); \n• \nRefuse any particular payment transaction at any time for any reason and will \nonly be required to make available the fact of the refusal and the reasons for the \nrefusal and how you may resolve the problem, where possible, upon request and \nprovided it is not prohibited by law; \n• \nReverse a payment (including, if appropriate, to the sender’s funding source); \n\n• \nTake legal action against you. \n• \nSuspend your eligibility for PayPal’s Buyer Protection program and/or PayPal’s \nSeller Protection program (including in retrospect); \n• \nContact third parties and disclose details of the restricted activities in the manner \nset out in our Privacy Statement; \n• \nRequest or update inaccurate information you provided us; \n• \nRequest information or documents from you in order to verify your identity \nand/or with regard to the goods or services you provided based on a transaction; \n• \nIf you’ve violated our Acceptable Use Policy, then you’re also responsible for \ndamages to PayPal caused by your violation of this policy, \nIf you use your PayPal account primarily for the purposes of your trade, business, craft or \nprofession and you violate the Acceptable Use Policy, then: \n• \nIn addition to being subject to the above actions you will be liable to PayPal for \nthe amount of PayPal's damages caused by your violation of the Acceptable Use \nPolicy; \n• \nYou acknowledge and agree that USD 2,500.00 (or the prevailing equivalent in \nthe currency of the country in which you reside) per violation of the Acceptable \nUse Policy is: \no A reasonable minimum estimate of PayPal's actual damages including but \nnot limited to, internal administrative costs incurred by PayPal to monitor \nand track violations, damage to PayPal’s brand and reputation, and \npenalties imposed upon PayPal by its business partners resulting from a \nuser’s violation considering all currently existing circumstances, including \nthe relationship of the sum to the range of harm to PayPal that reasonably \ncould be anticipated; \no Reasonable and proportionate in its application to the provision of the \nservices to you; and \no Necessary, but no more than sufficient, to protect PayPal’s legitimate \ninterest in your compliance with the Acceptable Use Policy; and \n• \nPayPal may deduct such damages directly from any existing balance in any \nPayPal account you control. \nPlease also see the section below on Your liability. \nUnless otherwise directed by us, you must not use or attempt to use your account while it \nis suspended or has been closed. You must ensure that all agreements with sellers or other \nthird parties that involve third party initiated payments (including billing agreement \npayments) set up from your account are cancelled immediately upon the termination, \nsuspension or closure of your account. You remain liable under this user agreement in \nrespect of all charges and other amounts incurred through the use of your account at any \ntime, irrespective of termination, suspension or closure. \nHolds, Limitations, and Reserves \n\nWhat are holds, limitations and reserves? \nUnder certain circumstances, in order to protect PayPal and the security and integrity of \nthe network of buyers and sellers that use the PayPal services, PayPal may take account-\nlevel or transaction-level actions. If we take any of the actions described here, we will \nnormally notify you of our actions, but we may, if it is reasonable to do so (for example if \nyou are in breach of this user agreement or we consider it advisable for security reasons), \ntake any of these actions without prior notice to you. \nTo request information in connection with an account limitation, hold or reserve, you \nshould visit the Resolution Center or follow the instructions in our email notice with \nrespect to the limitation, hold or reserve. \nYou acknowledge and agree that any funds held under this user agreement may be placed \nin your reserve account and that you will provide to us any information as we may \nreasonably request to allow us to determine whether the risk has passed. \nHolds \nA hold is an action that PayPal may take under certain circumstances either at the \ntransaction level or the account level. When PayPal places a hold on a payment amount, \nthe money is not available to either the sender or the recipient. PayPal reviews many \nfactors before placing a hold on a payment, including: account tenure, transaction \nactivity, business type, past customer disputes, and overall customer satisfaction. Some \ncommon situations where PayPal will hold payments include where we have reason to \nbelieve that: \n• \nTransactions are higher risk, this can be where the transaction involves the sale of \ngoods or services in a high risk category, or other facts known to us typically \nresulting in an increased number of chargebacks, other claims or disputes or to be \noften involved in fraud or illegal activity; \n• \nThere is a sudden and abnormal change in a PayPal account holder’s selling \nactivity including an increase in the number of chargebacks, reversals, or buyer \ncomplaints received in relation to such PayPal account; \n• \nAny PayPal account is being used in relation to restricted activities; \n• \nA PayPal account involved in the transaction may have been compromised, or \nthat stolen financial details (bank or credit card) are used for the payment, or \notherwise a transaction has not been properly authorized; \n• \nA user is trying to send or withdraw funds they received fraudulently; \n• \nA user has not provided sufficient Information to us to enable us to verify their \nidentity or the identity of their business and/or the user has a limited trading \nhistory with PayPal; \n• \nA payment sent to you as a seller is challenged as a payment that should be \ninvalidated and reversed. \n• \nYour buyer files a chargeback, reversal or PayPal Buyer Protection claim on a \npayment you received. \n\n• \nYour buyer files a claim under a marketplace’s resolution process. \n• \nThere is a risk of reversal of funds in your account to your funding source. \n• \nThere is a risk of liability (a non-exhaustive list of examples of such risk is set out \nin the section Actions We May Take if You Engage in Any Restricted Activities \nabove). \nPayment review \nWhen we identify a potentially high-risk transaction, we review the transaction more \nclosely before allowing it to proceed. This may be because we have the reasonable \nsuspicion that the payer’s PayPal account is being used in relation to restricted activities \nor for other reasons as determined by us in our reasonable discretion. This may include \nwhere there is a risk of liability (a non-exhaustive list of examples of such risk is set out \nin the section Actions We May Take if You Engage in Any Restricted Activities above). \nIf a payment is subject to payment review, we may: \n• \nExecute the payment order initiated by the buyer; \n• \nIn our discretion, immediately upon such execution restrict the payer’s account; \n• \nPlace a hold on the payment; and/or \n• \nNotify the recipient to delay the delivery of the purchase paid for by the payment. \nAs a buyer, this may delay your receipt of the item you purchased. If we clear the \ntransaction, we will notify the seller and direct them to ship the item. \nIf we don’t clear the transaction, we will cancel it and return the funds to you, unless we \nare legally required to take other action. \nAll payments that complete payment review are still subject to being reversed under the \nterms of this user agreement but will be PayPal‘s Seller Protection program eligible if \nthey meet the PayPal‘s Seller Protection program requirements. PayPal will provide \nnotices to you by email and/or in the transaction history tab of your PayPal account. A \npayment subject to payment review is a review of the payment only and is implemented \nto reduce the risk of PayPal users receiving high risk transactions. A payment subject to \npayment review is neither a review nor a representation by PayPal as to the commercial \ndealings, character or reputation of a party to the payment transaction and should not be \nconsidered as a lessening of the respect of any person. \nHolds related to your instructions \nCertain PayPal functionality may allow you (whether directly or via someone you permit \nto act on your behalf, like an online marketplace platform on which you transact as a \nseller) to instruct us to hold your funds (including the proceeds of payments you receive \nusing PayPal) in your reserve account. \n\nIn such a case we will show you the availability status of those funds in your balance – \nthe status descriptions may differ according to the functionality you used to instruct us to \nplace the hold. We will release the hold on the funds according to the instruction that you \n(or the entity that you have permitted to act on your behalf) give to us, subject to the rest \nof this user agreement. \nAccount Limitations \nLimitations are implemented to help protect PayPal, buyers and sellers when we notice \nrestricted activities, an increased financial risk, or activity that appears to us as unusual \nor suspicious. Limitations also help us collect information necessary for keeping your \nPayPal account open. \nThere are several reasons why your PayPal account could be limited, including where we \nhave reason to believe that: \n• \nSomeone could be using your PayPal account without your knowledge, then we’ll \nlimit it for your protection and look into the fraudulent activity. \n• \nSomeone has used your card or bank account without your permission, for \nexample if your debit or credit card issuer or bank alerts us to this. \n• \nYou have breached this user agreement or violated the Acceptable Use Policy. \n• \nYour performance as a seller indicate your PayPal account is high risk. Examples \ninclude: indications of poor selling performance because you’ve received an \nunusually high number of claims and chargebacks, selling an entirely new or \nhigh-cost product type, or if your typical sales volume increases rapidly. \n• \nThere is a risk of liability (a non-exhaustive list of examples of such risk is set out \nin the section Actions We May Take if You Engage in Any Restricted Activities \nabove). \nWe may also limit your PayPal account in order to comply with applicable law. \nYou will need to resolve any issues with your account before a limitation can be \nremoved. Normally, this is done after you provide us with the information we request. \nHowever, if we reasonably believe a risk still exists after you have provided us that \ninformation, we may take action to protect PayPal, our users, a third party, or you from \nreversals, fees, fines, penalties, legal and/or regulatory risks and any other liability. \nReserves \nWe may place a reserve on your PayPal account at any time if we believe there may be a \nhigh level of risk associated with you, your PayPal account, your business model, or your \ntransactions. When we place a reserve on your PayPal account, it means that all or some \nportion of the funds in your PayPal account is reserved as unavailable for withdrawal in \norder to protect against the risk of transactions made by you being reversed or invalidated \nor any other risk related to your PayPal account or use of the PayPal services. We make \n\ndecisions about whether to place a reserve based on a number of factors, including \ninformation available to us from both internal sources and from third parties. \nPayPal considers a list of non-exclusive factors and whether and how these factors have \nchanged over time, including: \n• \nHow long you have been in business. \n• \nWhether your industry has a higher likelihood of chargebacks. \n• \nYour payment processing history with PayPal and other providers. \n• \nYour business and/or personal credit history. \n• \nYour delivery time frames. \n• \nWhether you have higher than average number of returns, chargebacks, claims or \ndisputes. \nThere are two categories of reserves that may be placed on your PayPal account, and one \nor both may be applied at the same time: \n• \nA Rolling reserve is a reserve where a percentage of each transaction you receive \neach day is held and then released later on a scheduled basis. For example, your \nreserve could be set at 10% and held for a 90-day rolling period – meaning 10% \nof the money you receive on day 1 is held and then released on day 91, 10% of \nthe money you receive on day 2 is held until day 92, etc. Rolling reserves are the \nmost common type of reserve. \n• \nA Minimum reserve is a specific minimum amount of funds that you’re required \nto keep available in your balance at all times. The minimum reserve is either \ntaken as an upfront amount deposited all at once (also known as an Upfront \nreserve) or is established on a rolling basis from percentages of sales until the \nminimum reserve is achieved, much like a rolling reserve. \nIf we place a reserve on funds in your PayPal account, the money will be moved to your \nreserve account and shown as “pending” and we’ll notify you about it. \nIf we change the reserve due to a change in our risk assessment, we’ll notify you about it \nas well. \nYou will undertake, at your own expense, any further action required to establish a \nreserve or other form of security in a manner reasonably determined by us. This can \ninvolve executing any necessary documents and registering any form of document \nreasonably required by us to allow us to perfect any form of security interest. \nPAYPAL USER AGREEMENT \nRESOLVING PROBLEMS \nWe strongly recommend that you monitor your account closely on a regular basis. \n\nIf you find a problem… \nIf you have any reason to believe that there is a problem with your account or our service, \nfollow these steps: \nStep 1: Take a few moments to identify the type of problem: \n• \nUnexpected billing agreement payment \nThis is where you entered into a billing agreement but a payment was sent from \nyour account to another PayPal account under that billing agreement where: \no You didn’t agree with the recipient in advance the exact payment amount; \nand \no The payment amount ended up being more than you could reasonably \nhave expected to pay based on previous charges and the other \ncircumstances. \n• \nIncorrect payment \nThis is where a payment sent from your account to another PayPal account was \nnot sent as you specified when you asked us to make it (e.g. for the wrong \namount, delayed, wrong recipient) or you received such a payment. \n• \nSecurity / Fraud problem \no Unauthorized payment \nThis is where a payment sent from your account wasn’t authorized by you \n(or anyone who’s authorized to make payments for you). \no Another type of security / fraud problem \nThis is where there was another security or fraud problem, such as: \no There was some other unauthorized access to your account. \no Your password or PIN was compromised. \no A device you have used to access our services was lost, stolen or \ndeactivated. \n \nFollow the steps in the section “What to do in case of a security \nproblem” in the Key Payment and Service Information as soon as \npossible before contacting us. \n• \nAnother type of problem \n\nThis is where there was another type of problem with your account or with our \nservice which is not mentioned above. For instance, we may have made a factual, \ncomputational or mathematical error related to your PayPal when you added \nmoney to or withdrew money from your PayPal account. \nIf a purchase that you paid for with PayPal was not as described or you have not \nreceived the purchase, PayPal Buyer Protection, not this section, may apply. \nPlease see the PayPal Buyer Protection for how to deal with these particular \nproblems. \nStep 2: Tell us about the problem \nContact us as soon as possible to tell us about the problem (including the type of \nproblem you are contacting us about so that we can help you as quickly as we can). \nYou must give us all the information we reasonably request as to the circumstances of the \nproblem and take all reasonable steps we request to assist us in our investigation. \nIf you tell us about your problem orally, we may require that you report your problem in \nwriting within 10 Business Days after that. \nWe may provide third parties with information we consider relevant in such \ncircumstances in accordance with our Privacy Statement. \nHow we will help... \nSubject to the rest of this user agreement, we aim to investigate the problem and work \nwith you to resolve it within 60 days. In addition, if your problem is: \n• \nAn unexpected billing agreement payment, within 10 Business Days after \ntelling us about it we will either: \no Reimburse you for the payment amount; or \no Explain why we cannot reimburse you. \n• \nAn incorrect payment to another Paypal account, we will: \no Make immediate efforts to trace the payment and notify you of the \noutcome without charge to you; \no Compensate you as soon as possible (and in any event no later than the \nend of the Business Day after you tell us about the problem) by putting \nyour account in the state it would have been in had the incorrect payment \nbeen sent as actually specified by the sender. This means: \n▪ \nIf the incorrect payment resulted in you having less money than \nyou would have had if the payment had been made as actually \nspecified, we will credit your account for the difference. \n\n▪ \nIf the incorrect payment resulted in you having more money than \nyou would have had if the payment had been made as actually \nspecified, we may debit the extra funds from your account. \no Reimburse you in your account for your losses or damages directly and \nreasonably foreseeably caused by the incorrect payment. \n• \nAn unauthorized payment to another PayPal account, as soon as possible (and \nin any event no later than the end of the Business Day after you tell us about the \nproblem) we will put your account back to where it would have been had the \npayment never happened. This can include a reimbursement of your payment. \nWhen we can’t compensate you... \nYou are not entitled to any financial compensation from us as outlined above and you \nwill owe to us (and we may reverse from your account) any compensation you have \nalready received from us if: \n• \nYou do not give us all the information we reasonably requested as to the \ncircumstances of the problem (including, if you tell us about your problem orally, \nyou fail to comply with our request that you tell us about your problem in writing \nwithin 10 Business Days); \n• \nYou do not take all reasonable steps that we request to assist us in our \ninvestigation; \n• \nWe can show that you acted fraudulently; \n• \nWe can show that circumstances beyond our control (such as fire or flood or loss \nof internet connection) caused the problem, despite our reasonable precautions; \n• \nWe have reason to believe otherwise that there is no problem which entitles you \nto compensation; or \n• \nIn respect of the following specific problems: \nUnexpected billing \nagreement payment \nIncorrect payment \nUnauthorized payment \nIt takes you longer than 8 \nweeks after the payment was \nmade to tell us about the \nproblem; or \nYou agreed for us to make \nyour payment and the details \nwere made available to you \nby us or the merchant at least \n4 weeks before the payment \nwas made. \nIt takes you longer than 13 \nmonths after the payment \nwas made to tell us about the \nproblem; or \nWe can show that you gave \nus the wrong payment \ndetails; or \nWe can show that the \npayment was sent as the \npayer specified when the \npayer asked us to make it; or \nIt takes you longer than 13 \nmonths after the payment \nwas made to tell us about the \nproblem; or \nWe can show that the \npayment was made because \nyou did not keep your \naccount safe either \nintentionally or with gross \nnegligence (for instance, you \nvery carelessly chose to \nshare your PayPal ID and/or \n\nThrough no fault of ours, you \ndid not have enough PayPal \nbalance to complete the \npayment; or \nWe can show our system was \nnot working properly and \nyou knew about the \nbreakdown when you started \nthe transaction; or \nA delay which you claimed \ncaused the incorrect payment \nactually resulted from PayPal \napplying a hold, limitation \nor reserve under this user \nagreement \npassword/PIN with someone \nelse); or \nThere was another security \n/fraud problem and you \ndidn’t tell us about it. We \nwill not pay you \ncompensation for any \nunauthorized payments made \nfrom your account before \nyou told us about that \nproblem. \nSometimes we might spot the problem first. If we need to notify you about the problem, \nwe will ordinarily do so through the Secure Messaging Center, which you need to log \ninto your account to access. If you should take action urgently, we may also use other \nmeans such as email to request action. \nIf a payment was made from us to your funding source by way of mistake, we may \ncorrect the mistake by debiting or crediting (as the case may be) your appropriate funding \nsource(s). \nComplaints \nReporting disputes between you and PayPal regarding our services \nContact Us to report disputes between you and PayPal regarding our services. \nIf a dispute arises between you and PayPal, our goal is to learn about and address your \nconcerns and, if we are unable to do so to your satisfaction, to provide you with a neutral \nand cost-effective means of resolving the dispute quickly. \nIf you’re not happy with the outcome of the complaint process... \nIf the outcome of any complaint about our services, after completing the complaint \nescalation process, is not to your satisfaction, you can escalate it by contacting one of the \nfollowing: \n• \nEuropean Consumer Centre (ECC-Net). You may obtain further information \nregarding the ECC-Net and how to contact them at \n\n(https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-\nconsumer-complaint/european-consumer-centres-network_en). \n• \nCommission de Surveillance du Secteur Financier (CSSF). The CSSF is the \nauthority responsible for the prudential supervision of companies in the financial \nsector in Luxembourg, like us. You can contact the CSSF at 283 Route d’Arlon, \n1150 Luxembourg, Luxembourg. You may obtain further information regarding \nthe CSSF and how to contact them at: https://www.cssf.lu or by visiting the EU’s \nOnline Dispute Resolution site at https://ec.europa.eu/consumers/odr. \nPAYPAL USER AGREEMENTz \nOther Legal Terms \nCommunications Between You and Us \nContact us \nYou can contact us by: \n• \nWriting to us by post at our head office: PayPal (Europe) S.à r.l. et Cie, S.C.A., \nAttention: Legal Department, 22-24 Boulevard Royal, 2449 Luxembourg, \nLuxembourg; or \n• \nVisiting our Contact Us page where you can: \no Click the \"Email Us\" link to contact us online; or \no Click the “Call Us” link for our telephone number if you want to call us. \nYou must send legal notices in connection with this user agreement to us by postal mail. \nNotices to you \nYou agree that we may provide notice or other information to you by posting it on the \nPayPal website(s) (including the posting of information which is only accessed by you by \nlogging into your account), emailing it to the email address listed in your account, \nmailing it to the street address listed in your account, calling you by phone, or sending \nyou a “text” / SMS message. You must have internet access and an e-mail account to \nreceive communications and information relating to our services. With the exception of \namendments to this user agreement, such notice shall be considered to be received by you \nwithin 24 hours of the time it is posted to the PayPal website(s) or emailed to you. If the \nnotice is sent by mail, we will consider it to have been received by you three Business \nDays after it is sent. We reserve the right to close your PayPal account if you withdraw \nyour consent to receive electronic communications. \nDisclosure of reasons for our actions \n\nOur decision about holds, limitations, reserves and any other actions we take under this \nuser agreement whether they restrict or extend your access to our service, our \ninfrastructure, our websites, our software or our systems (including any networks and \nservers used to provide any of our services) whether operated by us or on our behalf \n(including, without limitation, any blockages, limitations, suspensions, terminations, \nholds and reserves) may be based on confidential criteria that are essential to our \nmanagement of risk and the protection of PayPal, our customers and/or service providers. \nWe may use proprietary fraud and risk modeling when assessing the risk associated with \nyour PayPal account. In addition, we may be restricted by regulation or a governmental \nauthority from disclosing certain information to you about such decisions. We have no \nobligation to disclose the details of our risk management or security procedures to you. \nOur Rights \nSecurity interest \nTo secure your performance of this user agreement, you grant to us a legal claim against \nthe funds in your PayPal account as security for any amount you may owe to us. This is \nknown in legal terms as a “lien” on and “security interest” in your PayPal account. \nInactive Accounts \nIf your PayPal account is inactive for at least 12 consecutive months, we may charge an \nannual inactivity fee. Inactive means that you have not logged into your PayPal account \nor otherwise used your PayPal account to send, receive or withdraw money. \nYour liability \nYou are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other \nliability incurred by PayPal, any PayPal user, or any third party caused by or arising out \nof your breach of this user agreement and/or your use of PayPal services irrespective of \ntermination, suspension or closure You agree to reimburse PayPal, a user, or a third party \nfor any and all such liability. \nReimbursement for your liability \nYou agree that we may set off any of the amounts held in accounts held or controlled by \nyou with any fees, charges or other amounts you owe us and any such amounts you owe \nto our affiliates as defined in the Indemnification and Limitation of Liability section \nbelow (including, without limitation, in respect of any services provided by any such \naffiliate). In simple terms, our right to set off means that we may deduct such fees, \ncharges or other amounts mentioned in this section from a balance in a PayPal account \nheld or controlled by you. \nIf there are insufficient funds in your balance to cover your liability, we reserve the right \nto collect the amount you owe us by deducting the amount (or any part of it) from any \n\npayments received in or money you add to your PayPal account. Otherwise you agree to \nreimburse us through other means. We may also recover amounts you owe us through \nlegal means, including, without limitation, through the use of a debt collection agency. \nAssumption of rights \nIf PayPal invalidates and reverses a payment that you made to a recipient (either at your \ninitiative or otherwise), you agree that PayPal assumes your rights against the recipient \nand third parties related to the payment, and may pursue those rights directly or on your \nbehalf, in PayPal’s discretion. This is known in legal terms as your “subrogation” or \n“assignment” to PayPal of your rights against the recipient and third parties related to the \npayment. \nNo waiver \nOur failure to act with respect to a breach of any of your obligations under this user \nagreement by you or others does not waive our right to act with respect to subsequent or \nsimilar breaches. \nInformation about you \nWe may request information from you as we reasonably require to facilitate our actions \ndescribed in this user agreement, enable us to reduce the risk of fraud or comply with our \nregulatory (including anti-money laundering) obligations. You must comply with these \nrequests in a timely fashion. This may involve you faxing, emailing or otherwise \nproviding to us at your own expense identification documents and information about your \nfinance and operations (such as your most recent financial statements and merchant \nprocessing statements). \nIndemnification and Limitation of Liability \nIn this section and the Intellectual Property section, we use the term “PayPal” to refer to \nus (PayPal (Europe) S.à r.l. et Cie, S.C.A.), our parent PayPal Holdings, Inc., our \naffiliates, and anybody who works for us or them or who is authorized to act on our or \ntheir behalf. Our affiliates include each entity that we control, we are controlled by or we \nare under common control with. Anybody who works for us or our affiliates or who is \nauthorized to act on our or their behalf includes each of our or their respective directors, \nofficers, employees, agents, joint venturers, service providers and suppliers. \nIndemnification \nYou must indemnify PayPal for actions related to your PayPal account and your use of \nthe PayPal services. \n\nYou agree to defend, indemnify and hold PayPal harmless from any claim or demand \n(including reasonable legal fees) made or incurred by any third party due to or arising out \nof: \n• \nYour breach of this user agreement; \n• \nYour improper use of the PayPal services; \n• \nYour violation of any law or the rights of a third party; and/or \n• \nThe actions or inactions of any third party to whom you grant permissions to use \nyour PayPal account or access our websites, software, systems (including any \nnetworks and servers used to provide any of the PayPal services) operated by us \nor on our behalf, or any of the PayPal services on your behalf. \nLimitation of liability \nPayPal’s liability is limited with respect to your PayPal account and your use of the \nPayPal services. In no event shall PayPal be liable for: \n• \nDirect or indirect lost profits; or \n• \nAny special, incidental or consequential damages (including without limitation \ndamages for loss of data or loss of business), \narising out of or in connection with our websites, software, systems (including any \nnetworks and servers used to provide any of the PayPal services) operated by us or on our \nbehalf, any of the PayPal services, or this user agreement (however arising, including \nnegligence), unless and to the extent prohibited by law. \nOur liability to: \n• \nYou; or \n• \nAny third parties, \nin any circumstance is limited to the actual amount of direct damages (excluding direct \nloss of profits), unless and to the extent prohibited by law. \nIn addition, to the extent permitted by applicable law, PayPal is not liable, and you agree \nnot to hold PayPal responsible, for any damages or losses (including, but not limited to, \nloss of money, goodwill, or reputation, profits, or other intangible losses or any special, \nindirect, or consequential damages) resulting directly or indirectly from: \n• \nYour use of, or your inability to use, our websites, software, systems (including \nany networks and servers used to provide any of the PayPal services) operated by \nus or on our behalf, or any of the PayPal services; \n• \nDelays or disruptions in our websites, software, systems (including any networks \nand servers used to provide any of the PayPal services) operated by us or on our \nbehalf and any of the PayPal services; \n\n• \nViruses or other malicious software obtained by accessing our websites, software, \nsystems (including any networks and servers used to provide any of the PayPal \nservices) operated by us or on our behalf or any of the PayPal services or any \nwebsite or service linked to our websites, software or any of the PayPal services; \n• \nGlitches, bugs, errors, or inaccuracies of any kind in our websites, software, \nsystems (including any networks and servers used to provide any of the PayPal \nservices) operated by us or on our behalf or any of the PayPal services or in the \ninformation and graphics obtained from them; \n• \nThe content, actions, or inactions of third parties; \n• \nA suspension or other action taken with respect to your PayPal account; and/or \n• \nYour need to modify your practices, content, or behavior, or your loss of or \ninability to do business, as a result of changes to this user agreement or PayPal’s \npolicies. \nNo warranty \nThe PayPal services are provided “as-is” and without any representation or warranty, \nwhether express, implied or statutory. PayPal specifically disclaims any implied \nwarranties of: \n• \nTitle; \n• \nMerchantability; \n• \nFitness for a particular purpose; and \n• \nNon-infringement. \nPayPal does not have any control over the products or services provided by sellers who \naccept PayPal as a payment method, and PayPal cannot ensure that a buyer or a seller you \nare dealing with will actually complete the transaction or is authorized to do so. \nPayPal does not guarantee continuous, uninterrupted or secure access to any part of the \nPayPal services. \nOperation of our websites, software, or systems (including any networks and servers used \nto provide any of the PayPal services) operated by us or on our behalf may be interfered \nwith by numerous factors outside of our control. \nPayPal will make reasonable efforts to ensure that requests for electronic debits and \ncredits involving bank accounts, debit cards, credit cards, and cheque issuances are \nprocessed in a timely manner but PayPal makes no representations or warranties \nregarding the amount of time needed to complete processing because the PayPal services \nare dependent upon many factors outside of our control, such as delays in the banking \nsystem or international mail service. \nSome countries do not allow the disclaimer of implied warranties, so the foregoing \ndisclaimers may not apply to you. \n\nWe cannot guarantee the accuracy of information contained in our correspondence, \nreports, on the website(s) and given verbally by our directors, officers and staff in all \ncircumstances and contexts, and no reliance should be placed on such information by \nyou. \nYou must check all correspondence between us carefully and tell us as soon as possible if \nit includes something which appears to you to be wrong or not made in accordance with \nyour instructions. \nRelease of PayPal \nIf you have a dispute with any other PayPal account holder, you release PayPal from any \nand all: \n• \nClaims; \n• \nDemands; and \n• \nDamages (actual and consequential), \nof every kind and nature, known and unknown, arising out of or in any way connected \nwith such disputes. \nIn entering into this release you expressly waive any protections that would otherwise \nlimit the coverage of this release to include only those claims which you may know or \nsuspect to exist in your favor at the time of agreeing to this release. \nYou alone (not PayPal) are responsible for understanding and complying with any and all \nlaws, rules and regulations of your specific jurisdiction that may be applicable to you in \nconnection with your use of our services (for example, in relation to regulated activity, \nlicensed activity, export or import activity, taxes or foreign currency transactions). \nIntellectual Property \nPayPal’s trademarks \n\"PayPal.com,\" \"PayPal,\" and all logos related to the PayPal services are either trademarks \nor registered trademarks of PayPal or PayPal’s licensors. You may not copy, imitate, \nmodify or use them without PayPal’s prior written consent. In addition, all page headers, \ncustom graphics, button icons, and scripts are service marks, trademarks, and/or trade \ndress of PayPal. You may not copy, imitate, modify or use them without our prior written \nconsent. You may use HTML logos provided by PayPal for the purpose of directing web \ntraffic to the PayPal services. You may not alter, modify or change these HTML logos in \nany way, use them in a manner that mischaracterizes “PayPal” or the PayPal services or \ndisplay them in any manner that implies PayPal's sponsorship or endorsement. All right, \ntitle and interest in and to the PayPal websites, any content thereon, the PayPal services, \nthe technology related to the PayPal services, and any and all technology and any content \n\ncreated or derived from any of the foregoing is the exclusive property of PayPal and its \nlicensors. \nLicense grants, generally \nIf you are using PayPal software such as an API, developer's toolkit or other software \napplication, which may include software provided by or integrated with software, \nsystems or services of our service providers, that you have downloaded or otherwise \naccessed through a web or mobile platform, then PayPal grants you a revocable, non-\nexclusive, non-sublicensable, non-transferable, royalty-free limited license to access \nand/or use PayPal’s software in accordance with the documentation accompanying such \nsoftware. This license grant applies to the software and all updates, upgrades, new \nversions and replacement software. You may not rent, lease or otherwise transfer your \nrights in the software to a third party. You must comply with the implementation, access \nand use requirements contained in all documentation accompanying the PayPal services. \nIf you do not comply with implementation, access and use requirements you will be \nliable for all resulting damages suffered by you, PayPal and third parties. PayPal may \nupdate or discontinue any software upon notice to you. While PayPal may have (1) \nintegrated certain third party materials and technology into any web or other application, \nincluding its software, and/or (2) accessed and used certain third party materials and \ntechnology to facilitate providing you with the PayPal Services, you have not been \ngranted and do not otherwise retain any rights in or to any such third party materials. You \nagree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, \npublish, reverse engineer, translate, disassemble, decompile or otherwise attempt to \ncreate any source code that is derived from the software or any third party materials or \ntechnology, or otherwise create any derivative works from any of the software or third \nparty materials or technology. You acknowledge that all rights, title and interest to \nPayPal’s software are owned by PayPal and any third-party materials integrated therein \nare owned PayPal’s third party service providers. Any other third-party software \napplication you use on PayPal’s websites is subject to the license you agreed to with the \nthird party that provides you with this software. You acknowledge that PayPal does not \nown, control nor have any responsibility or liability for any such third party software \napplication you elect to use on any of our websites, software and/or in connection with \nthe PayPal services. \nLicense grant from you to PayPal; intellectual property warranties \nPayPal does not claim ownership of the content that you provide, upload, submit or send \nto PayPal. Nor does PayPal claim ownership of the content you host on third-party \nwebsites or applications that use PayPal services to provide payments services related to \nyour content. Subject to the next paragraph, when you provide content to the PayPal \ncompanies or post content using PayPal services, you grant PayPal (and parties that we \nwork with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license \nto use your content and associated intellectual property and publicity rights to help us \nimprove, operate and promote our current services and develop new ones. PayPal will not \ncompensate you for any of your content. You acknowledge that PayPal’s use of your \n\ncontent will not infringe any intellectual property or publicity rights. Further, you \nacknowledge and warrant that you own or otherwise control all of the rights of the \ncontent you provide, and you agree to waive your moral rights and promise not to assert \nsuch rights against PayPal. \nLicense grant from sellers to PayPal \nNotwithstanding the provisions of the prior paragraph, if you are a seller using the PayPal \nservices to accept payments for goods and services, you hereby grant PayPal a \nworldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and \nroyalty-free, fully paid-up, right to use and display publicly, during the term of this user \nagreement, your trademark(s) (including but not limited to registered and unregistered \ntrademarks, trade names, service marks, logos, domain names and other designations \nowned, licensed to or used by you) for the purpose of (1) identifying you as a merchant \nthat accepts a PayPal service as a payment form, and (2) any other use to which you \nspecifically consent. \nMiscellaneous \nAssignment \nYou may not transfer or assign any rights or obligations you have under this user \nagreement without PayPal’s prior written consent. PayPal may transfer or assign this user \nagreement or any right or obligation under this user agreement at any time. \nGoverning law \nThis user agreement and the relationship between us is governed by the laws of England \nand Wales. However, if you are a consumer, nothing in this Agreement shall deprive you \nof the protection granted by the provisions of Polish law which are mandatory (in \nparticular those defining consumer rights). \nFor complaints that cannot be resolved otherwise between us and merchants, the latter \nsubmits to the non-exclusive jurisdiction of the courts of England and Wales arising out \nof or relating to this Agreement or the provision of our services without prejudice to the \nright of the merchant to also initiate a proceeding against PayPal in that context before \nthe competent courts of and in Luxembourg. \nIn respect of any and all disputes with consumers, the mandatory rules on jurisdiction and \napplicable law shall apply. \nPrivacy \nProtecting your privacy is very important to us. Please review our Privacy Statement in \norder to better understand our commitment to maintaining your privacy, as well as our \nuse and disclosure of your information. \n\nLanguages and translation of agreement \nWe will communicate with you in English and Polish. \nThis user agreement is concluded in Polish only. Any translation of this user agreement is \nprovided solely for your convenience and is not intended to modify the terms of this user \nagreement. \nYour use (as a seller) of personal data; Data protection laws \nIf you (as a seller) receive personal data about another PayPal customer, you must keep \nsuch personal data confidential and only use it in connection with the PayPal services. \nYou may not disclose or distribute any personal data about PayPal customers to a third \nparty or use such personal data for marketing purposes unless you receive that customer's \nexpress consent to do so. You may not send unsolicited emails to a PayPal customer or \nuse the PayPal services to collect payments to send, or assist in sending, unsolicited \nemails to third parties. \nTo the extent that you process any personal data about a PayPal customer pursuant to this \nuser agreement, you and PayPal will each be an independent data controller (and not joint \ncontrollers), meaning we will each separately determine the purposes and means of \nprocessing such personal data. We each agree to comply with the requirements of any \napplicable privacy and data protection laws, including any applicable regulations, \ndirectives, codes of practice, and regulatory requirements applicable to data controllers in \nconnection with this agreement. We each have and will follow our own, independently \ndetermined privacy statements, notices, policies and procedures for any such personal \ndata that we each process in connection with this agreement. \nIn complying with the applicable data protection laws, we will each: \n• \nImplement and maintain all appropriate security measures in relation to the \nprocessing of such personal data; and. \n• \nMaintain a record of all processing activities carried out under this user \nagreement; and \n• \nNot knowingly or intentionally do anything, or knowingly or intentionally permit \nanything to be done which might lead to a breach by the other party of the \napplicable data protection laws. \nAny personal data you collect in connection with the PayPal services (and not otherwise \ngenerated, collected, or obtain by you through a customer's separate relationship with \noutside the use of the PayPal services) will be used by you only to the limited extent that \nis necessary and relevant to the PayPal services and for no other purpose unless you have \nobtained the prior express consent of the customer. \nComplete agreement and third party rights \n\nThis user agreement sets forth the entire understanding between you and us with respect \nto our service. \nIf any provision of this user agreement is held to be invalid or unenforceable, such \nprovision shall be struck out and the remaining provisions shall be enforced. \nA person who is not a party to this user agreement has no rights under the Contracts \n(Rights of Third Parties) Act 1999 to rely upon or enforce any term of this user \nagreement (except for the third parties falling under the definition of “PayPal” in the \nIndemnification and Limitation of Liability section above, in respect of their rights as \nspecified in this user agreement) but this does not affect any right or remedy of third \nparties which exists or is available apart from that act. \nPayPal as Login Method \nWe may allow you to authenticate with PayPal when you log into certain external \nwebsites or mobile apps. If we do so, we may share your login status with any third party \nenabling you to log in in this way, as well as the personal and other account information \nthat you consent to being shared so that the third party can recognize you. PayPal will not \ngive the third party access to your account and will only make payments from your \naccount to that third party with your specific authorization and instruction. \nIf you enable visitors to authenticate with PayPal when they log into your website, app, \nor your customer accounts, you must agree to any specific terms applicable when this \nfunctionality is made available to you, and comply with any specifications in any \nintegration manual or guideline. We do not guarantee or otherwise represent the identity \nof any user of this login method. We will not share with you the personal and other \naccount information of the user (including login status) held by PayPal unless the user \nhas consented to our disclosure of that information to you. \nCorporate Customers \nWhen we refer to “PSD2” in this section we mean the Second EU Payment Services \nDirective ((EU)2015/2366). \nWe consider you to be a “Corporate Customer” if, on the date you entered into this user \nagreement, you are not: \n• \nA consumer, (being an individual acting for purposes other than a trade, business \nor profession); and \n• \nA micro-enterprise (being an enterprise which employs fewer than 10 persons and \nhas an annual balance sheet that does not exceed 2 million EUR). \nWe may disapply certain provisions of PSD2 for your use of our service if you are a \nCorporate Customer. \n\nIf you are a Corporate Customer: \n• \nYou are not entitled to a refund for billing agreement payments; \n• \nWhere you identify a problem you have up to 60 (sixty) days from the date on \nwhich the problem happened to notify us about it, after which time we have no \nobligation to investigate and refund you; we are not obliged to comply with the \ninformation requirements set out in Title III of PSD2 and their equivalents in any \nimplementation of PSD2 in member states of the European Economic Area that \nmay apply to you (“PSD2 transpositions”); and \n• \nArticles 72 and 89 of PSD2 and equivalent provisions in PSD2 transpositions do \nnot apply to your use of our service, meaning that, even where we may say so \notherwise in this user agreement, we are not liable to you for the losses or damage \nyou may suffer under those articles and provisions. \nSection numbers and defined words \nIf other documents (e.g. terms and conditions) refer to section numbers or defined words \nof this user agreement, please see our User Agreement Reference Notes to locate the \nrelevant provision or defined word. \n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"PayPay","url":"https://about.paypay.ne.jp/terms/consumer/rule/guideline/general-rules/","lang":"ENG","sector":"Finance","hq":"Japan","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"10.11.2021"},"document":{"title":"","text":"PayPay Terms of Use of Service\nPart 1 General Guidelines\nThe general guidelines apply to all persons who utilise the services of PayPay Corporation\n(hereinafter referred to as “Our Company”).\nChapter 1 General Provisions\n1. Utilisation of Our Company’s Services\nA person may use Our Company’s services by giving its consent to these Terms of Use.\n2. Warranties, Changes and Subcontracting\nRelating to Services\nOur Company disclaims any warranty that the contents of services provided by Our Company is free\nof any defects and bugs.\nFurther, Our Company may, without giving any prior notice to the users, change contents or\nspecifications of services, or suspend or discontinue the provision thereof.\nOur Company may subcontract all or part of the services provided by Our Company to any third\nparty (including those located in foreign countries); provided, however, that it will be subject to the\nconditions that such third party is bound by the same confidential obligations which Our Company\nhas hereunder and implements appropriate measures to protect the Personal Information.\n3. Restriction of Utilisation of Services\nOur Company may make a condition on utilisation of services, such as limiting the range of persons\nwho may utilise the services: to the persons who have registered the PayPay account (meaning an\naccount for the services which Our Company provides; hereinafter referred to as the “Account”), to\nthe persons certain years of age and older, or to the users who meet a certain requirement by\npassing the procedure prescribed by Our Company such as an identity verification.\nFurther, Our Company prohibits members of anti-social force (including any person who was such\nmember at any point in its past) and their affiliates, persons who are likely to launder money or\notherwise abuse services, or users who bring troubles on third parties from utilising services.\n4. Registered Information of the Account\nIt is the user’s obligation in the case of registering or changing the Account that (1) registering true\nand accurate information, and (2) correcting the registered items by the user itself as necessary so\nas to be updated. If the registered items do not reflect the latest information, Our Company’s\n\nservices may not be available to use.\nOur Company may carry out customer’s identity verification and authentication by using an\nelectronic signature certificate stored in My Number card. In such a case, Our Company uses\ncertification business information (meaning the certification business information stipulated in\nArticle 44 of the Act on the Authentication Services of the Japan Agency for Local Authority\nInformation Systems in Connection with Electronic Signatures and Electronic User Certificates (Act\nNo. 153 of 2002)) provided by the Japan Agency for Local Authority Information Systems\n(hereinafter referred to as “J-LIS” in order to check validity of an electronic signature certificate.\nFurther, in the case of identity verification and authentication using an electronic signature\ncertificate stored in My Number card, Our Company may check whether the registered items are the\nlatest by using an electronic signature certificate stored in My Number card and issue number of\nthe correspondent certificate (i.e. serial number of an electronic certificate for user identification)\nobtained from J-LIS.\n5. Users’ Responsibility Relating to the Account,\nPassword, etc.\nWith respect to any login via any authentication method for specifying the users which are\npublicised on Our Company’s website or application (including, but not limited to, any authentication\nby confirmation of its correspondence between the registered information and, the combination of\nthe Account and password or the code uniquely given to each mobile phone number sent by a\nmobile phone carrier), Our Company deems it the utilisation by such user itself. If any fee or charge\n(regardless of its name such as charge, fee, expenses or others with respect to the utilisation of Our\nCompany’s services, and including user’s debt which any third party has outsourced its collection to\nOur Company; hereinafter referred to as the “Charge”) arises from utilisation of services, purchase\nof products, etc., Our Company will claim it to such user.\n6. Compliance Rules on Utilising Services\nUsers are prohibited from doing any of the following acts (including any act provoking it or\npreparing for it) with respect to utilisation of Our Company’s services.\nAny act which violates the laws and regulations of Japan or any country or region where the\nuser is located at the time of utilisation.\nAny act of posting, publishing, disclosing, providing or transmitting (hereinafter collectively\nreferred to as “posting etc.”) of something which: violates the laws and regulations, societal\nnorms or public policy; infringes any rights of Our Company or a third party; brings any trouble\non a third party; or is otherwise inappropriate, such as the following acts etc.\nAct of posting etc. of false information intentionally.\nAct of posting etc. of same comments intentionally at many times.\nAct of posting etc. of enquiries or complaints relating to Our Company’s services, function of\nsuch services, and accuracy of information provided by such services.\n\nAct of posting etc. of something containing any information by which an individual can be\nidentified such as a photo of principal, name of a third party, email address, address, phone\nnumber or person under recognisable condition, etc. (including, but not limited to, the cases\nthat it is used in a name of the poster or contents of the post).\nAct of posting etc. of something containing any advertisement, commercial message or\nmarketing, public offices election campaign, proselytising of certain thought or religion, or\nsimilar contents.\nAct of posting etc. of something containing contents that grossly provokes or foments\nunruliness, brutality or crime on children or youths, and interferes with their healthy\ndevelopment.\nPosting, etc. any indecent information, information harmful for youths, or information relating\nto arranging sexual association with others;\nAct of posting etc. of something in which any oppressiveness or threat against any third\nparty is found.\nAct of posting etc. of something containing any discriminatory expression.\nAct of posting etc. of something containing any contents which is or may be against a\nsubject or purpose of Our Company’s services.\nAct of posting etc. of something containing any garbled or grotesque contents.\nAct of posting etc. of something containing any contents which intentionally leads someone\nto misunderstand that products or services are superior such as an act of ‘decoy’ etc. \nAct of posting etc. of something containing any contents which defames competing products\nor services for the purpose of destruction of its confidence.\nAct of posting etc. of program etc. which destroys or obstructs functions of software,\nhardware, etc. under other user’s use.\nOtherwise, act of posting etc. of something which Our Company determines that is\ninappropriate contents or expression for Our Company’s services.\nAny act which destroys or obstructs functions of Our Company’s server or network.\nAny act of unduly accessing to Our Company’s computer such as a server etc., or sending a\nspam email, chain letter, junk email, etc.\nAny act of collecting or storing other user’s Personal Information, Personal Data (as defined in\nthe Privacy Policy prescribed by Our Company), etc. without such user’s permission.\nAny act of utilising services for any purpose other than the intrinsic purpose of provision of\nservices in the light of intention of provision such as money laundering, cashing purpose, etc.\nAny act of utilising services using other user’s Account.\nAny act of, regardless of its means, acquiring password from any third party, or disclosing or\nproviding password to any third party.\n\n7. Prohibition of Reuse of Our Company’s Services\nEtc.\nIn the event that a user utilises Our Company’s services or any data which consists them beyond\npurpose of provision of services, Our Company shall have a right to preclude such acts and demand\nthe amount equivalent to the benefit which such user has acquired.\n8. Compensation to Our Company\nIn the event that Our Company has borne any cost or paid any compensation in connection with the\ncomplaint caused by a user’s act, such user shall bear the cost, compensation, etc. which Our\nCompany has paid (including attorney fees which Our Company has paid).\n9. Handling of User’s Data and Contents\nOur Company shall not have the obligation to make backups of the data which users have saved to\nservers managed by Our Company, and each user must make backups by itself.\nAny act of, relating to Our Company’s services, directly or indirectly providing benefit to anti-\nsocial force. \nAny act of which purpose is fraud. \nAny act of utilising Our Company’s services by any process other than the process which Our\nCompany has approved. \nAny act of modifying Our Company’s services without permission.\nAny act of: discriminating or defaming Our Company or any third party; impairing honour,\nprivacy, etc.; or having a risk thereof.\nAny act which obstructs Our Company’s services or advertisement distributed by Our Company,\nor any services or advertisement provided on Our Company’s website and Our Company’s\napplication.\nAny act which infringes or may infringe portrait right, copyright, trademark right or other\nintellectual property right of Our Company or any third party, or any act of impersonating Our\nCompany or any third party.\nAny act which relates to criminal act.\nAny act which is likely to impair reputation of Our Company, Our Company’s affiliated company\nor Our Company’s alliance partner.\nAny other act which violates or may violate the laws and regulations, public policy or these\nTerms of Use.\n\nOur Company shall not have the obligation to make backups of the data which users have saved to\nservers managed by Our Company, and each user must make backups by itself. In the case it is\nnecessary for maintenance, improvement, etc. of Our Company’s services, Our Company may\nduplicate the data which users have saved in the servers managed by Our Company to the extent\nnecessary for maintenance, improvement, etc. services.\nWith respect to any contents which a user has made posting etc. on any service to which\nunspecified or large number of users can access such as electric bulletin board systems, copyright\nthereof will belong to such user or copyright holders of such contents.\nWith respect to any contents which a user has made posting etc. on Our Company’s services,\ncopyright thereof will belong to such user, and such user must warrant that such contents are such\nuser’s own creation and they are not involved with any third party’s copyright or other rights;\nprovided, that in the cases that it is exceptionally necessary so such contents contain a third party’s\ncopyrighted material etc., it must be assumed and warranted that such user processes necessary\nrights-handling with its own responsibility and at its own expense.\nA user is deemed to grant Our Company a non-compensatory and non-exclusive right of utilisation\n(including duplicating, screening, publicly transmitting, exhibiting, distributing, transferring, lending,\ntranslating, adapting and publishing) of the contents which such user has made posting etc., inside\nor outside of Japan with no time limit (including right to sublicense).\nFurther, such users shall not exercise a moral right of author.\n10. Posting of Advertisement\nOur Company may post advertisements of Our Company or any third party who has requested Our\nCompany to post it, on the services or software which Our Company provides.\n11. Deletion of Posting Etc., Cease of Utilisation of\nServices, Deletion of the Account\nOur Company may, in order to properly operate the services which it provides, in the event that it\nfalls into any of the following items, implement measures such as deleting any data or contents,\ndenying utilisation of all or part of Our Company’s services, deleting any user’s Account, or any\nother measures which Our Company reasonably determines it is necessary and appropriate, without\nany prior notice. \nOur Company may perform identity verification which Our Company determines it is necessary to\nconfirm that a user does not fall into any of the following items, and implement measures such as\ndenial of access to all or part of services, cease of utilisation, etc. until completion of such identity\nverification. \nFurther, if any user’s Account is deleted, PayPay Balance, usage history and any and all other rights\nand information of such user recorded in such Account will be erased.\nIn the event that such user violates these Terms of Use or any other matters stipulated in any\nterms applied to such user, or Our Company determines that there is a suspicion thereof.\nIn the event that delay payment has occurred with respect to any Charge which should be paid\nto Our Company.\n\n12. Disclaimers\n(A) Usefulness, adequateness, completeness, accuracy, safety, lawfulness, newness, etc. of all\ninformation provided via Our Company’s services (including any and all information etc.\nexisting in a linked website managed and operated by any third party which is displayed on\nOur Company’s services as Our Company’s services, the same applies hereinafter). \n(B) Any and all matters relating to negotiation or reservation, or offer or execution of contracts\nby users with any third parties, etc. using information provided via Our Company’s services.\n(C) Our Company’s services, and products, services, information, etc. which can be acquired via\nOur Company’s services are suitable for a user’s request or expectations.\n(D) Any failure, error or interference will not occur on provision of Our Company’s services.\nIn the event that utilisation of credit cards or bank accounts designated as settlement method\nfor the Charge in PayPay Wallet (meaning the service which Our Company provides and by\nwhich users can register and manage their payment method, the same applies hereinafter) is\nsuspended.\nIn the event that Our Company determines that the creditworthiness of such user has\nworsened, such as the cases that petition to bankruptcy or civil rehabilitation is made against\nsuch user, such user made any of them by itself, etc.\nIn the event that the Account has been registered or used by any anti-social force, its members\nor affiliates, or in the event that Our Company determines that there is a suspicion thereof.\nIn the case of the passage of ten (10) years commencing on the date on which the latest\nchange has occurred on a user’s PayPay Balance (meaning what stipulated in these Terms of\nUse, Part 2, Chapter 1, Article 1, item 13); provided, however, that if such user’s Account will be\ndeleted for this cause, Our Company will give a notice to such user in advance.\nIn the event that such user passed away.\nIn the event that such user utilises more than two Accounts in order to unduly acquire the\nbenefit given by a campaign etc.\nIn the event that Our Company’s service is utilised for any wrongdoing such as money\nlaundering etc., or in the event that Our Company determines that there is a suspicion thereof.\nWhen true and accurate information is not registered, such as when the account registration\ninformation is not the latest information\nIn the event that Our Company determines that it is difficult to sustain the contract between\nOur Company and such user, such as the case that a trust relationship between such user has\nlost, etc.\nOur Company disclaims any warranty on the following items. A user must, when it utilises Our\nCompany’s services, evaluate by itself a usefulness etc. of the information or services provided\nvia Our Company’s services, and utilise it on its own responsibility.\n\n(E) Any of email, web contents, etc. which is sent relating to Our Company’s services does not\ncontain any harmful materials such as computer virus, etc.\n(A) Any damage which a user suffered due to any act conducted via Our Company’s services\nsuch as downloading of contents provided by any third party, and accessing to linked\nwebsite which any third party manages and operates, etc.\n(B) Any damage which a user suffered due to any wrongdoings such as an unauthorised\nmodification to Our Company’s services, unauthorised access to any data relating to Our\nCompany’s services, mixture of computer virus, etc. although Our Company has\nimplemented adequate security measures\n(C) Any damage caused by suspension, delay, discontinue, loss of data, etc. of Our Company’s\nserver or system or Our Company’s services due to: force majeure such as natural disaster,\nfire, power failure , etc.; system maintenance; or failure, etc. of communication line or\ncomputer\n(D) Any damage caused by a trouble arose between a user and a third party on utilising services.\n12A. Mini-Application Provided by Merchant\nStores\nUsers may additionally utilise the applications (hereinafter referred to as the “Mini-Application”)\ndeveloped by any third party developer (hereinafter referred to as the “Mini-Application Merchant\nStore”) on PayPay application. The Mini-Application will be directly provided to users by the Mini-\nApplication Merchant Store with its name and on its own responsibility, and users will utilise it under\nthe contract directly executed with such Mini-Application Merchant Store. Our Company never\nmakes any warranty and assumes any responsibility on quality, trustworthiness, adequateness, etc.\nof the Mini-Application. Users must check terms of use of the Mini-Application prescribed by the\nOur Company shall never assumes any and all liability for any and all damage caused from a\nuser’s utilisation of Our Company’s services (including, but not limited to, provision of\ninformation by Our Company or any third party, etc. relating to these) or unavailability of\nutilisation (including, but not limited to, any damage stipulated in each item of this paragraph\nand any and all disadvantage including any damage, emotional distress or other monetary loss\nwhich users or third parties suffered in accordance with preceding paragraph), except for Our\nCompany’s willful misconduct or gross negligence.\nIn the event that the contracts for utilisation of Our Company’s services subject to these Terms\nof Use with users fall into the consumer contract stipulated in the Consumer Contract Act, the\ndisclaimer in above (2) does not apply; in such a case, Our Company assumes liability to\ncompensate damage within the damages ordinarily incurred from it and up to the amount of\nthe Charge in the case of paid services (or, in the case of continuing services, equivalent to the\namount for one (1) month), except for the cases that it is caused by Our Company’s willful\nmisconduct or gross negligence.\nWith respect to any contents which a user has made posting etc., Our Company does not have\nany responsibility to always monitor such contents or delete certain posted contents.\n\nMini-Application Merchant Store, and utilise it on users’ own responsibility. In the event that any\nproblem relating to user’s utilisation of the Mini-Application occurs, such user must resolve it\nbetween such user and the Mini-Application Merchant Store based on the terms of use of the Mini-\nApplication prescribed by the Mini-Application Merchant Store.\nFurther, Our Company may review contents of the Mini-Application provided by the Mini-Application\nMerchant Store in order to check whether it complies with the policies prescribed by Our Company\nor applicable laws and regulations, as needed; provided, that Our Company does not have any\nobligation to do so.\nOur Company reserves a right to delete or discontinue the Mini-Application which is available on\nPayPay application pursuant to these Terms of Use at Our Company’s discretion without giving any\nnotice to users.\n13. Conditions of Use for Individual Services\nSome specific services of Our Company may have conditions of use specific to such service\ntogether with general guidelines.\nIn the event that general guidelines stipulated in these Terms of Use, Part 1 and the conditions of\nuse specific to each service including conditions of use for individual services stipulated in these\nTerms of Use, Part 2 differ, the conditions of use specific to such service will prevail over the general\nguidelines with respect to such services as long as it has no special provision.\n14. Revision on Terms of Use\nOur Company may, if it determines that it is necessary, revise these Terms of Use at any time\nwithout giving any prior notice to users; provided, that if it materially affects the active users, Our\nCompany will take a reasonable prior notice period in advance.\n15. Notice or Contact\nIf a user desires to contact Our Company, such user must contact via an enquiries page which Our\nCompany prepared, or by calling to the phone number or sending email to the email address which\nOur Company specifies.\n16. No Assignment of Rights and Obligations, Etc.\nA user shall not, with respect to all contracts based on these Terms of Use, assign its contractual\nposition and all or part of rights and obligations arose from these to any third party, without Our\nCompany’s prior written approval.\n17. Governing Law, Jurisdiction\nThese Terms of Use are governed by the laws of Japan with respect to its execution, validity and\nconstruction. \n\nThe Tokyo District Court has exclusive jurisdiction for the first-instance over any dispute that arises\nbetween Our Company and users caused by or in connection with Our Company’s services\n(including posted contents and advertisements) or software.\nLimitation of Application of Terms of Use\nIn the event that any provision in these Terms of Use goes against the related laws and regulations\nwhich apply to contracts with users based on these Terms of Use, such provision will not apply to\nsuch contract with users only to such extent; provided, in such a case, it will not affect the validity of\nother provisions in these Terms of Use.\nEstablished October 1, 2018\nRevised July 29, 2019\nRevised September 30, 2019\nRevised November 28, 2019\nRevised April 15, 2020\nRevised on July 15, 2020\nRevised on October 28, 2020\nRevised on February 15, 2021\nRevised March 31, 2021\nRevised on November 10, 2021 (released on October 27, 2021)\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"DoorDash","url":"https://help.doordash.com/consumers/s/terms-and-conditions-us?language=en_US","lang":"ENG","sector":"Food","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"29.03.2021"},"document":{"title":"","text":"Terms and Conditions - United States\nDoorDash Consumers\nTerms and Conditions Agreement\nTerms and Conditions Agreement\nTerms and Conditions Agreement\nTerms and Conditions Agreement\nTerms and Conditions Agreement\nEffective: March 29, 2021\nPLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS\n(“AGREEMENT”\n“AGREEMENT”\n“AGREEMENT”\n“AGREEMENT”\n“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOORDASH,\nINC., A DELAWARE CORPORATION, AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES,\nINCLUDING CAVIAR, LLC (COLLECTIVELY, “DOORDASH,” “WE,” “US,” OR “OUR”\n“DOORDASH,” “WE,” “US,” OR “OUR”\n“DOORDASH,” “WE,” “US,” OR “OUR”\n“DOORDASH,” “WE,” “US,” OR “OUR”\n“DOORDASH,” “WE,” “US,” OR “OUR”).\nSECTION 12\nSECTION 12\nSECTION 12\nSECTION 12\nSECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nOF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nOF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nOF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nOF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nAGREEMENT.\nAGREEMENT.\nAGREEMENT.\nAGREEMENT.\nAGREEMENT.\n \n1. Acceptance of this Agreement\nDoorDash, including its wholly-owned subsidiary Caviar, provides an online marketplace connection,\nusing web-based technology that connects you and other consumers, restaurants and/or other businesses\nand independent delivery contractors (“Contractors”). DoorDash’s software permits consumers to place\norders for food and/or other goods from various restaurants and businesses, either for delivery or pickup\n(the “Software”). Once a delivery order is made, the Software notifies Contractors that a delivery\nopportunity is available and the Software facilitates completion of the delivery to the consumer. Once a\npickup order is made, the Software communicates with the customer regarding the availability of the\norder for pickup. DoorDash is not a restaurant, delivery service, or food preparation business.\n\nIf you access any of our websites located at https://www.doordash.com/ and https://trycaviar.com, install\nor use our DoorDash or Caviar mobile application, install or use any other software supplied by\nDoorDash, or access any information, function, or service available or enabled by DoorDash (each,\na “Service”\n“Service”\n“Service”\n“Service”\n“Service” and collectively, the “Services”\n“Services”\n“Services”\n“Services”\n“Services”), or complete the DoorDash account registration process,\nyou, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant\nthat: \n(a) you have read, understand, and agree to be bound by this Agreement; \n(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with DoorDash;\nand \n(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any\norganization on whose behalf you have created an account and to bind such organization to the\nAgreement.\nThe terms “User” and “Users” refer to all individuals and other persons who access or use the Services,\nincluding, without limitation, any organizations that register accounts or otherwise access or use the\nServices through their respective representatives. Except as otherwise provided in this Agreement, if you\ndo not agree to be bound by the Agreement, you may not access or use the Services.\n \n2. Modifications\nSubject to Section 12(k) of this Agreement, DoorDash reserves the right to modify the terms and\nconditions of this Agreement or its policies relating to the Software or Services at any time, effective\nupon posting of an updated version of this Agreement through the Services. You should regularly review\nthis Agreement, as your continued use of the Services after any such changes constitutes your agreement\nto such changes.\n \n3. Additional Terms and Policies\nBy using the Services, you agree to be bound by this Agreement and acknowledge and agree to the\ncollection, use, and disclosure of your personal information in accordance with DoorDash’s Privacy\nPolicy, which is incorporated in this Agreement by reference. You also agree to abide by any additional\nDoorDash policies for Users that are published on our website or mobile application. Certain features of\nour Services may be subject to additional terms and conditions, which are incorporated herein by\nreference.\n \n4. Rules and Prohibitions\nWithout limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:\n(a) You will only use the Services for lawful purposes; you will not use the Services for sending or\nstoring any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct\nthat harms other Users, DoorDash employees, or our community.\n\n(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade\nsecrets, or other rights of any third party, including privacy or publicity rights.\n(c) You will only access the Services using means explicitly authorized by DoorDash.\n(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate\nheaders or identifiers to disguise the origin of any content transmitted through the Services.\n(e) You will not use the Services to cause nuisance, annoyance or inconvenience.\n(f) You will not use the Services, or any content accessible through the Services, for any commercial\npurpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant,\nUser or Contractor, unless DoorDash has given you prior permission to do so in writing.\n(g) You will not copy or distribute the Software or any content displayed through the Services, including\nMerchants’ menu content and reviews, for republication in any format or media.\n(h) You will not compile, directly or indirectly, any content displayed through the Services except for\nyour personal, noncommercial use.\n(i) The information you provide to us when you register an account or otherwise communicate with us is\naccurate, you will promptly notify us of any changes to such information, and you will provide us with\nwhatever proof of identity we may reasonably request.\n(j) You will keep secure and confidential your account password or any identification credentials we\nprovide you which allows access to the Services.\n(k) You will use the Software and Services only for your own use and will not directly or indirectly resell,\nlicense or transfer the Software, Services or content displayed by the Services to a third party.\n(l) You will not use the Services in any way that could damage, disable, overburden or impair any\nDoorDash server, or the networks connected to any DoorDash server.\n(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource,\ncomputer system, and/or network connected to any DoorDash server.\n(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent\nany security or authentication measures DoorDash may use to prevent or restrict access to the Services or\nuse of the Services or the content therein.\n(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web\ncrawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor\nany portion of our websites or any content on our websites.\n(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the\nServices.\n(q) You will not try to harm other Users, DoorDash, or the Services in any way whatsoever.\n\n(r) You will not engage in threatening, harassing, racist, sexist or any other behavior that DoorDash\ndeems inappropriate when using the Services. \n(s) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual\nproperty rights that you uncover in your use of the Services.\n(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at\nonce or by opening multiple accounts to benefit from offers available only to first-time users.\n(u) You will not attempt to undertake any of the foregoing.\nIn the event that we believe or determine that you have breached any of the aforementioned, we reserve\nthe right to suspend and/or permanently deactivate your account at our sole discretion.\n \n5. Contractors and Merchants Are Independent\nYou understand and agree that DoorDash provides a technology platform connecting you with\nindependent food service providers and others that provide the products offered through the Services\n(“Merchants\nMerchants\nMerchants\nMerchants\nMerchants”), and independent third-party contractors who provide delivery services (“Contractors\nContractors\nContractors\nContractors\nContractors”).\nYou acknowledge and agree that DoorDash does not itself prepare food or offer delivery services, and has\nno responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchant is the\nretailer; the services offered by DoorDash pursuant to this Agreement do not include any retail services\nor any food preparation services. DoorDash is not in the delivery business nor is it a common carrier.\nDoorDash provides a technology platform facilitating the transmission of orders by Users to Merchants\nfor pickup or delivery by Contractors. DoorDash will not assess or guarantee the suitability, legality or\nability of any Contractor or Merchant. You agree that DoorDash is not responsible for the Merchants’\nfood preparation or the safety of the food or whether the photographs or images displayed through the\nServices accurately reflect the food prepared by the Merchants and/or delivered by the Contractor, and\ndoes not verify Merchants’ compliance with applicable laws or regulations. DoorDash has no\nresponsibility or liability for acts or omissions by any Merchant or Contractor. \nYou agree that the goods that you purchase will be prepared by the Merchant you have selected, that title\nto the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the\nContractor will be directed by your instructions to transport the products to your designated delivery\nlocation. You agree that neither the Contractor nor DoorDash holds title to or acquires any ownership\ninterest in any goods that you order through the Services.\n \n6. User Account\nYou may be required to register for an account to use parts of the Services. You must provide accurate,\ncurrent, and complete information during the registration process and at all other times when you use the\nServices, and to update the information to keep it accurate, current, and complete. You are the sole\nauthorized user of any account you create through the Services. You are solely and fully responsible for\n\nall activities that occur under your password or account. You agree that you shall monitor your account to\nprevent use by minors, and you will accept full responsibility for any unauthorized use of your password\nor your account. You may not authorize others to use your User status, and you may not assign or\notherwise transfer your User account to any other person or entity. Should you suspect that any\nunauthorized party may be using your password or account, you will notify DoorDash immediately.\nDoorDash will not be liable and you may be liable for losses, damages, liability, expenses, and fees\nincurred by DoorDash or a third party arising from someone else using your account, regardless of\nwhether you have notified us of such unauthorized use. If you provide any information that is untrue,\ninaccurate, not current, or incomplete, or DoorDash has reasonable grounds to suspect that such\ninformation is untrue, inaccurate, not current, or incomplete, DoorDash has the right to suspend or\nterminate your account and refuse any and all current or future use of the Services (or any portion\nthereof). We may enable or require you to use a single pair of login credentials to use the DoorDash\nand/or Caviar services. You agree not to create an account or use the Services if you have been previously\nremoved by DoorDash, or if you have been previously banned from use of the Services.\n \n7. User Content\n(a) User Content.\nUser Content.\nUser Content.\nUser Content.\nUser Content. DoorDash may provide you with interactive opportunities through the Services,\nincluding, by way of example, the ability to post User ratings and reviews (collectively, “User Content”).\nYou represent and warrant that you are the owner of, or otherwise have the right to provide, all User\nContent that you submit, post and/or otherwise transmit through the Services. You further represent and\nwarrant that any User Content that you submit, post and/or otherwise transmit through the Services (i)\ndoes not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy\nright, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain\nmaterial that is false, intentionally misleading, or defamatory; (iii) does not contain any material that is\nunlawful; (iv) does not violate any law or regulation; and (v) does not violate this Agreement. You hereby\ngrant DoorDash a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide,\nfully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform,\ntranslate, create derivative works, distribute and/or otherwise use the User Content in connection with\nDoorDash’s business and in all forms now known or hereafter invented (“Uses”), without notification to\nand/or approval by you. You further grant DoorDash a license to use your username, first name and last\ninitial, and/or other User profile information, including without limitation, your ratings history, to\nattribute User Content to you in connection with such Uses, without notification or approval by you. You\nagree that this license includes the right for other Users to access and use your User Content in\nconjunction with participation in the Services and as permitted through the functionality of the Services.\nIn the interest of clarity, the license granted to DoorDash herein shall survive termination of the Services\nor your account. DoorDash reserves the right in its sole discretion to remove or disable access to any\nUser Content from the Services, suspend or terminate your account at any time, or pursue any other\nremedy or relief available under equity or law if you post any User Content that violates this Agreement\nor any community or content guidelines we may publish or that we consider to be objectionable for any\nreason. You agree that DoorDash may monitor and/or delete your User Content (but does not assume the\nobligation) for any reason in DoorDash’s sole discretion. DoorDash may also access, read, preserve, and\ndisclose any information as DoorDash reasonably believes is necessary to (a) satisfy any applicable law,\n\nregulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of\npotential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues,\n(d) respond to User support requests, or (e) protect the rights, property or safety of DoorDash, its Users\nand the public.\n(b) Feedback.\nFeedback.\nFeedback.\nFeedback.\nFeedback. You agree that any submission of any ideas, suggestions, and/or proposals to DoorDash\nthrough its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that\nDoorDash has no obligations (including without limitation, obligations of confidentiality) with respect to\nsuch Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and\nyou hereby grant to DoorDash a perpetual, irrevocable, transferable, fully paid, royalty-free, non-\nexclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify,\nremove, publicly perform, translate, create derivative works, distribute and/or otherwise use such\nFeedback.\n(c) Ratings and Reviews.\nRatings and Reviews.\nRatings and Reviews.\nRatings and Reviews.\nRatings and Reviews. To the extent that you are asked to rate and post reviews of Merchants or other\nbusinesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are\ngoverned by this Agreement. Ratings and Reviews are not endorsed by DoorDash and do not represent\nthe views of DoorDash or its affiliates. DoorDash shall have no liability for Ratings and Reviews or for\nany claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a\nhigh level of integrity with respect to Ratings and Reviews posted or otherwise made available through\nthe Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the\nMerchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for\nwhich you have an ownership interest, employment relationship or other affiliation or for any of that\ncompany’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food\nitems, or other benefits from a Merchant or business; (iv) any Rating or Review you submit will comply\nwith the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in\nAdvertising; and (v) your Rating or Review will comply with the terms of this Agreement. If we\ndetermine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings\nand Reviews or otherwise violates this Agreement, we may remove such User Content without notice.\n \n8. Communications with DoorDash\nBy creating a DoorDash account, you electronically agree to accept and receive communications from\nDoorDash, Contractors, or third parties providing services to DoorDash including via email, text\nmessage, calls, and push notifications to the cellular telephone number you provided to DoorDash. You\nunderstand and agree that you may receive communications generated by automatic telephone dialing\nsystems and/or which will deliver prerecorded messages sent by or on behalf of DoorDash, its affiliated\ncompanies and/or Contractor, including but not limited to communications concerning orders placed\nthrough your account on the Services. Message and data rates may apply. If you do not wish to receive\npromotional emails, text messages, or other communications, you may change your notification\npreferences by accessing Settings in your account. To opt out of receiving promotional text messages\n\nfrom DoorDash, you must reply “STOP” from the mobile device receiving the messages. For purposes of\nclarity, delivery text messages between you and Dashers are transactional text messages, not promotional\ntext messages. \n \n9. E-SIGN Disclosure\nBy creating a DoorDash account, you also consent to the use of an electronic record to document your\nagreement. You may withdraw your consent to the use of the electronic record by emailing DoorDash\nat [email protected] with “Revoke Electronic Consent” in the subject line.\nTo view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile\nphone) with a web browser and Internet access and (ii) either a printer or storage space on such device.\nFor a free paper copy, or to update our records of your contact information, email DoorDash\nat [email protected] with contact information and your mailing address.\n \n10. Intellectual Property Ownership\nDoorDash alone (and its licensors, where applicable) shall own all right, title and interest, including all\nrelated intellectual property rights, in and to the Software and the Services. This Agreement is not a sale\nand does not convey to you any rights of ownership in or related to the Software or the Services, or any\nintellectual property rights owned by DoorDash. DoorDash names, DoorDash logos, and the product\nnames associated with the Software and Services are trademarks of DoorDash or third parties, and no\nright or license is granted to use them. You agree that you will not remove, alter or obscure any\ncopyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying\nthe Software or the Services.\n11. Payment Terms\n(a) Prices & Charges.\nPrices & Charges.\nPrices & Charges.\nPrices & Charges.\nPrices & Charges. You understand that: (a) the prices for menu or other items displayed through the\nServices may differ from the prices offered or published by Merchants for the same menu or other items\nand/or from prices available at third-party websites and that such prices may not be the lowest prices at\nwhich the menu or other items are sold; (b) DoorDash has no obligation to itemize its costs, profits or\nmargins when publishing such prices; and (c) DoorDash reserves the right to change such prices at any\ntime, at its discretion. For certain transactions, the subtotals shown at checkout are estimates that may be\nhigher or lower depending on the final in- store totals. In those situations, DoorDash reserves the right to\ncharge your payment method the final price after checkout. You are liable for all transaction taxes on the\nServices provided under this Agreement (other than taxes based on DoorDash’s income). In the event that\nthe charge to your payment method may incorrectly differ from the total amount, including subtotal, fees,\nand gratuity, displayed to you at checkout and/or after gratuity is selected, DoorDash reserves the right to\nmake an additional charge to your payment method after the initial charge so that the total amount\ncharged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected.\nAll payments will be processed by DoorDash or its payments processor, using the preferred payment\n\nmethod designated in your account. If your payment details change, your card provider may provide us\nwith updated card details. We may use these new details or details from other cards on file in order to\nhelp prevent any interruption to your Use of the Services. If you would like to use a different payment\nmethod or if there is a change in payment method, please update your billing information.\n(b) No Refunds.\nNo Refunds.\nNo Refunds.\nNo Refunds.\nNo Refunds. Charges paid by you for completed and delivered orders are final and non-refundable.\nDoorDash has no obligation to provide refunds or credits, but may grant them, in each case in\nDoorDash’s sole discretion.\n(c) Promotional Offers and Credits.\nPromotional Offers and Credits.\nPromotional Offers and Credits.\nPromotional Offers and Credits.\nPromotional Offers and Credits. DoorDash, at its sole discretion, may make promotional offers with\ndifferent features and different rates to any User. These promotional offers are subject to the terms of this\nAgreement and may be valid only for certain Users as indicated in the offer. You agree that promotional\noffers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner;\n(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public,\nunless expressly permitted by DoorDash; (iii) are subject to the specific terms that DoorDash establishes\nfor such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for\nuse after the date indicated in the offer or in DoorDash’s Terms and Conditions for Promotional Offers\nand Credits. DoorDash reserves the right to withhold or deduct credits or benefits obtained through a\npromotion in the event that DoorDash determines or believes that the redemption of the promotion or\nreceipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion\nterms or this Agreement. DoorDash reserves the right to modify or cancel an offer at any time.\nDoorDash’s Terms and Conditions for Promotional Offers and Credits (the current version of which is\navailable at https://help.doordash.com/consumers/s/article/offer-terms-conditions and which is\nincorporated in this Agreement by reference) apply to all promotional offers. You agree that we may\nchange DoorDash’s Terms and Conditions for Promotional Offers and Credits at any time. DoorDash\nmay also offer gratuitous credits, which can be used for the Services. Any credit issued by DoorDash is\nvalid for 6 months from the date of issue except to the extent prohibited under applicable law and may\nnot be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your\naccount. Expired credits are no longer redeemable and cannot be used towards any order. Credits issued\nthrough a User’s DoorDash and Caviar account may only be redeemed through that respective brand’s\nServices.\n(d) Fees for Services.\nFees for Services.\nFees for Services.\nFees for Services.\nFees for Services. DoorDash may change the fees for our Services as we deem necessary or\nappropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees,\nand Surge Fees. DoorDash may also charge merchants fees on orders that you place through the\nServices, including commissions and other fees, and may change those merchant fees as we deem\nnecessary or appropriate for our business or to comply with applicable law.\n(e) Referral Program.\nReferral Program.\nReferral Program.\nReferral Program.\nReferral Program. DoorDash’s Referral Program Terms and Conditions are available\nat https://www.doordash.com/referral-terms/ (“Referral Program”). Under the Referral Program,\nDoorDash offers its registered Users in good standing the opportunity to earn gratuitous DoorDash\ncredits as promotional rewards by inviting their eligible friends to register as new DoorDash Users and\nplace their initial order through the Services by using a unique referral ID link (“Personal Link”\n“Personal Link”\n“Personal Link”\n“Personal Link”\n“Personal Link”). For\neach Qualified Referral (as defined in the Referral Program) generated through a User’s Personal Link,\n\nthe User may receive a gratuitous credit as specified on DoorDash’s Referral Program page. You agree\nthat we may change the terms and conditions of the Referral Program or terminate the Referral Program\nat any time.\n(f) DashPass Subscriptions.\nDashPass Subscriptions.\nDashPass Subscriptions.\nDashPass Subscriptions.\nDashPass Subscriptions. \nGeneral: DashPass is an automatically renewing subscription requiring recurring payments. A DashPass\nsubscription grants you access to reduced fees on orders placed through the Services for eligible\nrestaurants with a minimum subtotal as stated when you sign up (excluding taxes and tips) (“Reduced\nFees”). Reduced Fees and other DashPass benefits may be redeemed only at eligible restaurants, as\nindicated through the Services. DoorDash reserves the right to change whether a restaurant is eligible for\nDashPass at any time with or without notice. DashPass orders are subject to delivery driver and\ngeographic availability, and taxes may apply to the cost of the items you order. You may provide an\noptional gratuity. Depending on the conditions as stated when you sign up, Service Fees and other fees\nmay apply. We reserve the right to add and modify fees as discussed in this Section. Your DashPass\nbenefits will extend to both DoorDash and Caviar when you register for a DashPass subscription. \nDashPass is offered for a monthly or yearly fee payable at the start of the relevant period. By signing up\nfor DashPass and providing DoorDash with your payment account information, you agree that: (a) you\nwill be charged your first DashPass subscription fee and any applicable taxes on the date you purchase\nyour DashPass subscription; (b) you authorize DoorDash and its service providers to store your payment\nmethod for the purpose of executing future DashPass auto-renewal transactions; (c) UNLESS YOU\nCANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY\nAPPLICABLE LAW), YOUR DASHPASS SUBSCRIPTION WILL AUTOMATICALLY RENEW AT\nTHE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF\nRENEWAL, DOORDASH WILL AUTOMATICALLY CHARGE THE THEN-CURRENT DASHPASS\nFEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE\nON FILE FOR YOU. If your payment details change, your card provider may provide us with updated\ncard details. We may use these new details or details from other cards on file in order to help prevent any\ninterruption to your DashPass subscription. If you would like to use a different payment method or if\nthere is a change in payment method, please update your billing information. \nCorporate DashPass Subscriptions: Notwithstanding any other provision in these terms, you may be\neligible for a complimentary DashPass subscription when your employer registers for a Corporate\nDashPass Subscription. If you have a complimentary DashPass subscription through your employer, your\naccount will begin and end in accordance with the terms of your employer’s corporate subscription unless\nyour subscription is otherwise cancelled. To receive the subscription benefits, you must register using\nyour corporate email address and be an authorized user added by your employer, and then click the\nactivation button. \nTrial or Promotional Subscriptions: From time to time, DoorDash offers some customers trial or other\npromotional subscriptions to DashPass. Such trial or promotional subscriptions are subject to this\nAgreement and the DoorDash Terms and Conditions for Promotional Offers and Credits except as\notherwise stated in the promotional offer. When your free trial period has expired, your subscription will\nautomatically convert into a paid DashPass subscription, and DoorDash will bill you the applicable fee. If\n\nyou cancel DashPass before the trial period has expired, DoorDash will not charge you for the DashPass\nsubscription. If you purchase a DashPass subscription with a promotional code, each time your DashPass\nsubscription renews, you will be charged the full billing amount. Only one trial or promotional\nsubscription is available per household. If your DashPass subscription is ever terminated for any reason,\nyou shall not be eligible for a free trial on any subsequent DashPass subscription.\nCancellations: You can cancel your DashPass subscription at any time through the Services. Instructions\non how to cancel are available here and on Caviar here. You must cancel at least one (1) day before the\nnext-scheduled subscription renewal date to avoid being charged for the next subscription period (e.g., if\nrenewal date is January 10, you must cancel by 11:59:59 pm PT on January 9). \nIf you participated in a free trial or other promotional subscription period for DashPass, you may cancel\nwithin the first 48 hours of your paid DashPass subscription and receive a full refund of your DashPass\nfee (as applicable). \nFor both monthly and annual subscribers, if you cancel your DashPass subscription within the first 48\nhours and have not placed a DashPass-eligible order during that period, DoorDash may, in its sole\ndiscretion, refund your DashPass fee.\nIf you cancel your DashPass subscription at any other time, you will not receive a refund, but you can\ncontinue to enjoy the Reduced Fees and other DashPass benefits through the end of your then-current\nsubscription period.\nDashPass Benefits for Chase Cardmembers: Chase cardmembers are eligible for certain DashPass\nbenefits on both DoorDash and Caviar when an eligible Chase credit card is added to either account. The\nspecific benefits depend upon which Chase credit card is added to your account. These benefits are\nsubject to this Agreement and the DoorDash Terms and Conditions for Promotional Offers and Credits as\nwell as the following card-specific terms:\nChase Sapphire Reserve® \nChase Sapphire® & Chase Sapphire Preferred® \nChase Freedom\nChase Slate\nAdditional information about the DashPass benefits for Chase cardmembers can be found here.\nUpdates and Changes: The DashPass prices and features may change in the future. If DoorDash changes\nthe monthly or annual fee charged for a DashPass subscription, DoorDash will notify you and provide\nyou with the opportunity to change your subscription before DashPass is renewed for another\nsubscription term. Your continued use of the Services after the change becomes effective will constitute\nyour acceptance of the fee change. If you do not wish to continue subscribing with the new fees, you may\ncancel your DashPass subscription within the specified notice period. Any DashPass subscriptions will be\n\nsubject to the terms and conditions in effect at the time you sign up or your subscription renews.\nDoorDash may also make such changes with respect to current DashPass subscriptions. In that case,\nDoorDash will provide you with notice via email of the changes and when those changes will take effect.\nIf you disagree with the changes to your current DashPass subscription terms and conditions, you may\ncancel your DashPass subscription and receive a refund of your subscription fee on a pro rata basis\ncalculated from the end of the month during which you cancel the subscription.\nNo Transfer or Assignments & Cancellations by DoorDash: Your DashPass subscription cannot be\ntransferred or assigned. DoorDash reserves the right to accept, refuse, suspend, or cancel your DashPass\nsubscription at any time in its sole discretion. If DoorDash cancels your DashPass subscription, you will\nreceive a refund of your subscription fee on a pro rata basis calculated from the end of the month during\nwhich your subscription was cancelled, unless DoorDash terminates your account or your DashPass\nsubscription because it determines, in its sole discretion, that your actions or your use of the Services\nviolates this Agreement or has harmed another User. \n(g) Gift Cards. Except as provided below, Gift Cards may be redeemable towards eligible orders placed\non www.doordash.com or www.trycaviar.com in the Caviar and DoorDash apps in the United States. But\nif you have a Gift Card that was purchased and used September 15, 2020, you must use any remaining\nbalance of that Gift Card on the service (Caviar or DoorDash) where the card was first redeemed. Gift\nCards are made available and provided by DoorDash, Inc. Gift Cards are not redeemable for cash except\nwhen required by applicable law. For more information on the Gift Card Terms and Conditions,\nvisit dasherhelp.doordash.com/doordash-gift-cards. \n \n12. Dispute Resolution.\n \nPLEASE READ THE FOLLOWING SECTION CAREFULLY. IT\nREQUIRES YOU TO ARBITRATE DISPUTES WITH DOORDASH AND\nLIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS\nSECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE\n“ARBITRATION AGREEMENT”.\n(a) Scope of Arbitration Agreement.\nScope of Arbitration Agreement.\nScope of Arbitration Agreement.\nScope of Arbitration Agreement.\nScope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your\naccess or use of the Services as a User of the Services, to any advertising or marketing communications\nregarding DoorDash or the Services, to any products or services sold or distributed through the Services\nthat you received as a User of our Services, or to any aspect of your relationship or transactions with\nDoorDash as a User of our Services will be resolved by binding arbitration, rather than in court, except\nthat (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains\nin such court and advances only on an individual (non-class, non-representative) basis; and (2) you or\nDoorDash may seek equitable relief in court for infringement or other misuse of intellectual property\nrights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This\nArbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the\nEffective Date of this Agreement.\n\nCASES HAVE BEEN FILED AGAINST DOORDASH—AND OTHERS MAY BE FILED IN THE\nFUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS\nARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.\nIF YOU AGREE TO ARBITRATION WITH DOORDASH, YOU ARE AGREEING IN ADVANCE\nTHAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER\nRELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT.\nINSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST\nDOORDASH IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH\nCLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.\n(b) Informal Resolution.\nInformal Resolution.\nInformal Resolution.\nInformal Resolution.\nInformal Resolution. You and DoorDash agree that good-faith informal efforts to resolve disputes\noften can result in a prompt, low-cost and mutually beneficial outcome. You and DoorDash therefore\nagree that, before either you or DoorDash demands arbitration against the other, we will personally meet\nand confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim\ncovered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may\nparticipate in the conference, but you shall also fully participate in the conference. The party initiating the\nclaim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute\nresolution conference, which shall occur within 60 days after the other party receives such notice, unless\nan extension is mutually agreed upon by the parties. To notify DoorDash that you intend to initiate an\ninformal dispute resolution conference, email [email protected], providing your name,\ntelephone number associated with your DoorDash account (if any), the email address associated with\nyour DoorDash account, and a description of your claim. In the interval between the party receiving such\nnotice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the\ninitiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must\nbe fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall\nbe tolled while the parties engage in the informal dispute resolution process required by this paragraph.\n(c) Arbitration Rules and Forum.\nArbitration Rules and Forum.\nArbitration Rules and Forum.\nArbitration Rules and Forum.\nArbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration\nAct (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the\nstate law governing arbitration agreements in the state in which you reside shall apply. Before a party\nmay begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and\ncertifying completion of the informal dispute resolution conference pursuant to paragraph 12(b). If this\nnotice is being sent to DoorDash, it must be sent by email to the counsel who represented DoorDash in\nthe informal dispute resolution process, or if there was no such counsel then by mail to General Counsel,\nat 303 2nd Street, Suite 800, San Francisco, CA, 94107. The arbitration will be conducted by ADR\nServices, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with\nADR Services, Inc. must include (1) the name, telephone number, mailing address, and e-mail address of\nthe party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of\nthose claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount\nin controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees\nshall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the\npayment of money); and (4) the signature of the party seeking arbitration. Disputes shall be subject to\nADR Services, Inc.’s most current version of its Arbitration Rules, available as of December 21, 2020\n\nat https://www.adrservices.com/services/arbitration-rules or by calling ADR Services, Inc. at 310-201-\n0010. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR\nServices, Inc.’s website, available as of December 21, 2020 at https://www.adrservices.com/rate-fee-\nschedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee\nSchedule shall apply when twenty (20) or more arbitration claims are filed which: (1) involve the same or\nsimilar parties; (2) are based on the same or similar claims which arise from the same or substantially\nidentical transactions, incidents, or events requiring the determination of the same or substantially\nidentical questions of law or fact; and (3) involve the same or coordinated counsel for the parties. In all\nother circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except\nthat DoorDash will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to\nfile the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all\nfiling, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator\nfinds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing and/or other fees\nand cannot obtain a waiver of fees from ADR Services, Inc., DoorDash will pay them for you. If ADR\nServices, Inc. is not available to arbitrate, the parties will mutually select an alternative arbitral forum.\nYou may choose to have the arbitration conducted by telephone, video conference, based on written\nsubmissions, or in person in the county where you live or at another mutually agreed location.\n(d) Arbitrator Powers.\nArbitrator Powers.\nArbitrator Powers.\nArbitrator Powers.\nArbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have\nexclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or\nformation of this Arbitration Agreement including, but not limited to any claim that all or any part of this\nArbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-\norganization fees including the timing of such payments and remedies for nonpayment, shall be\ndetermined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and\nliabilities, if any, of you and DoorDash. Except as expressly agreed to in Section 12(g) of this Agreement,\nthe arbitration proceeding will not be consolidated with any other matters or joined with any other\nproceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of\nany claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary\ndamages and to grant any non-monetary remedy or relief available to an individual under applicable law,\nthe arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will\nissue a written statement of decision describing the essential findings and conclusions on which any\naward (or decision not to render an award) is based, including the calculation of any damages awarded.\nThe award shall be binding only among the parties and shall have no preclusive effect in any other\narbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law.\nThe arbitrator has the same authority to award relief on an individual basis that a judge in a court of law\nwould have. The arbitrator’s decision is final and binding on you and DoorDash.\n(e) Waiver of Jury Trial.\nWaiver of Jury Trial.\nWaiver of Jury Trial.\nWaiver of Jury Trial.\nWaiver of Jury Trial. YOU AND DOORDASH WAIVE ANY CONSTITUTIONAL AND\nSTATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and\nDoorDash are instead electing to have claims and disputes resolved by arbitration, except as specified in\nSection 12(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is\nlimited.\n\n(f) Waiver of Class or Consolidated Actions.\nWaiver of Class or Consolidated Actions.\nWaiver of Class or Consolidated Actions.\nWaiver of Class or Consolidated Actions.\nWaiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN SECTION\n12(G) OF THIS AGREEMENT, YOU AND DOORDASH AGREE TO WAIVE ANY RIGHT TO\nRESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS,\nCOLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE\nSCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL\nBASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION\n12(G). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR\nLITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR\nUSER EXCEPT AS SET FORTH IN SECTION 12(G). If, however, this waiver of class or consolidated\nactions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor\nDoorDash is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will\nthen be resolved in a court as set forth in Section 20. This provision does not prevent you or DoorDash\nfrom participating in a class-wide settlement of claims.\n(g) Batch Arbitrations.\nBatch Arbitrations.\nBatch Arbitrations.\nBatch Arbitrations.\nBatch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration\ndemands against DoorDash, presented by or with the assistance of the same law firm or organization, are\nsubmitted to an arbitration provider selected in accordance with the rules described above within a 30-\nday period, the arbitration provider shall (i) group the arbitration demands into batches of no more than\n100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the\nbatching described above, a final batch consisting of the remaining demands); and (ii) provide for\nresolution of each batch as a single arbitration with one set of filing and administrative fees and one\narbitrator assigned per batch. You agree to cooperate in good faith with DoorDash and the arbitration\nprovider to implement such a batch approach to resolution and fees.\n(h) Opt Out.\nOpt Out.\nOpt Out.\nOpt Out.\nOpt Out. DoorDash’s updates to these Terms and Conditions do not provide a new opportunity to opt\nout of the Arbitration Agreement for customers or Users who had previously agreed to a version of\nDoorDash’s or Caviar’s Terms and Conditions and did not validly opt out of arbitration. DoorDash will\ncontinue to honor the valid opt outs of customers or Users who validly opted out of the Arbitration\nAgreement in a prior version of the Terms and Conditions. If you are a customer or User who creates a\nDoorDash or Caviar account for the first time on or after November 10, 2020, you may opt out of this\nArbitration Agreement. If you do so, neither you nor DoorDash can force the other to arbitrate as a result\nof this Agreement. To opt out, you must notify DoorDash in writing no later than 30 days after first\nbecoming subject to this Arbitration Agreement. Your notice must include your name and address, your\nDoorDash username (if any), the email address you currently use to access your DoorDash account (if\nyou have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must\nsend your opt-out notice to: [email protected]. If you opt out of this Arbitration Agreement, all\nother parts of this Agreement will continue to apply to you.\n(i) No Effect on Independent Contractor Agreement.\nNo Effect on Independent Contractor Agreement.\nNo Effect on Independent Contractor Agreement.\nNo Effect on Independent Contractor Agreement.\nNo Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO THE\nCONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE,\nAMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND\nDOORDASH RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT\nCONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR\nAGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF\n\nDOUBT, IF YOU ARE A CONTRACTOR, OPTING-OUT OF THE ARBITRATION AGREEMENT\nSET FORTH IN THIS SECTION 12 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE\nDISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH\nDOORDASH.\n(j) Survival.\nSurvival.\nSurvival.\nSurvival.\nSurvival. This Arbitration Agreement will survive any termination of your relationship with\nDoorDash. \n(k) Modification.\nModification.\nModification.\nModification.\nModification. Notwithstanding any provision in the Agreement to the contrary, we agree that if\nDoorDash makes any future material change to this Arbitration Agreement, it will not apply to any\nindividual claim(s) that you had already provided notice of to DoorDash.\n13. Third-Party Interactions.\n \n(a) Third-Party Websites, Applications and Advertisements.\nThird-Party Websites, Applications and Advertisements.\nThird-Party Websites, Applications and Advertisements.\nThird-Party Websites, Applications and Advertisements.\nThird-Party Websites, Applications and Advertisements. The Services may contain links to third-\nparty websites (“Third-Party Websites”\n“Third-Party Websites”\n“Third-Party Websites”\n“Third-Party Websites”\n“Third-Party Websites”) and applications (“Third-Party Applications”\n“Third-Party Applications”\n“Third-Party Applications”\n“Third-Party Applications”\n“Third-Party Applications”) and\nadvertisements (“Third-Party Advertisements”\n“Third-Party Advertisements”\n“Third-Party Advertisements”\n“Third-Party Advertisements”\n“Third-Party Advertisements”) (collectively, “Third-Party Websites &\nAdvertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-\nParty Advertisement, DoorDash will not warn you that you have left DoorDash’s website or Services and\nwill not warn you that you are subject to the terms and conditions (including privacy policies) of another\nwebsite or destination. Such Third-Party Websites & Advertisements are not under the control of\nDoorDash. DoorDash is not responsible for any Third-Party Websites, Third-Party Applications or any\nThird-Party Advertisements. DoorDash does not review, approve, monitor, endorse, warrant, or make any\nrepresentations with respect to such Third-Party Websites & Advertisements, or their products or\nservices. You use all links in Third-Party Websites & Advertisements at your own risk. You should\nreview applicable terms and policies, including privacy and data gathering practices of any Third-Party\nWebsites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate\nbefore proceeding with any transaction with any third party.\n(b) App Stores.\nApp Stores.\nApp Stores.\nApp Stores.\nApp Stores. You acknowledge and agree that the availability of the Software and the Services is\ndependent on the third party from which you received the application license, e.g., the Apple iPhone or\nAndroid app stores (“App Store”\n“App Store”\n“App Store”\n“App Store”\n“App Store”). You acknowledge and agree that this Agreement is between you and\nDoorDash and not with the App Store. DoorDash, not the App Store, is solely responsible for the\nSoftware and the Services, including the mobile application(s), the content thereof, maintenance, support\nservices and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal\ncompliance or intellectual property infringement). In order to use the Software and the Services, you\nmust have access to a wireless network, and you agree to pay all fees associated with such access. You\nalso agree to pay all fees (if any) charged by the App Store in connection with the Software or the\nServices. You agree to comply with, and your license to use the Software and the Services is conditioned\nupon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and\npolicies) when using the Software or the Services. You represent and warrant that you are not located in a\ncountry that is subject to a U.S. Government embargo, or that has been designated by the U.S.\nGovernment as a “terrorist supporting” country, and you represent and warrant that you are not listed on\n\nany U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App\nStore (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to\nenforce the terms and conditions of this Agreement.\n \n14. Social Media Guidelines. \nDoorDash maintains certain social media pages for the benefit of the DoorDash\ncommunity. By posting, commenting, or otherwise interacting with these pages,\nyou agree to abide by our Social Media Community Guidelines.\n \n15. Transactions Involving Alcohol\nYou may have the option to request delivery of alcohol products in some locations and from certain\nMerchants. If you receive your delivery in the United States, you agree that you will only order alcohol\nproducts if you are 21 years of age or older. If you receive your delivery in another country, you agree\nthat you will only order alcohol products if you are of legal age to purchase alcohol products in the\nrelevant jurisdiction. You also agree that, upon delivery of alcohol products, you will provide valid\ngovernment-issued identification proving your age to the Contractor delivering the alcohol products and\nthat the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol\nproducts, you understand and acknowledge that neither DoorDash nor the Contractor can accept your\norder of alcohol products, and the order will only be delivered if the Merchant accepts your order. The\nContractor reserves the right to refuse delivery if you are not 21 years old, if you cannot provide a valid\ngovernment issued ID, if the name on your ID does not match the name on your order, or you are visibly\nintoxicated. If the Contractor is unable to complete the delivery of alcohol products for one or more of\nthese reasons, you are subject to a non-refundable $20 re-stocking fee.\n \n16. Indemnification\nYou agree to indemnify and hold harmless DoorDash and its officers, directors, employees, agents and\naffiliates (each, an “Indemnified Party”\n“Indemnified Party”\n“Indemnified Party”\n“Indemnified Party”\n“Indemnified Party”), from and against any losses, claims, actions, costs, damages,\npenalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be\nincurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b)\nyour misuse of the Software or Services; (c) your breach of this Agreement or any representation,\nwarranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations\nthrough or related to the use of the Software or Services. In the event of any claim, allegation, suit or\nproceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay\nfor the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the\nIndemnified Party. DoorDash reserves the right, at its own cost, to assume the exclusive defense and\ncontrol of any matter otherwise subject to indemnification by you, in which event you will fully\ncooperate with DoorDash in asserting any available defenses. This provision does not require you to\nindemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such\nparty’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or\n\nomission of any material fact in connection with the Software or Services. You agree that the provisions\nin this section will survive any termination of your account, this Agreement, or your access to the\nSoftware and/or Services.\n \n17. Disclaimer of Warranties\nYOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW,\nYOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.\nCHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE\nMADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE\nPROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS\nOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOORDASH MAKES NO\nWARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY,\nCOMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE\nSOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.\nDOORDASH DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE\nERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES\nAND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES\nRESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,\nDOORDASH SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.\n \n18. Internet Delays\nThe Software and Services may be subject to limitations, delays, and other problems inherent in the use\nof the Internet and electronic communications. Except as set forth in DoorDash’s Privacy Policy or as\notherwise required by applicable law, DoorDash is not responsible for any delays, delivery failures, or\ndamage, loss or injury resulting from such problems.\n \n19. Breach And Limitation of Liability\n(a) General.\nGeneral.\nGeneral.\nGeneral.\nGeneral. You understand and agree that a key element of the Services and this Agreement is your and\nour mutual desire to keep the Services simple and efficient, and to provide the Software and Services at\nlow cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section\n19 to keep the Software and Services simple and efficient, and costs low, for all Users.\n(b) Cap on Liability.\nCap on Liability.\nCap on Liability.\nCap on Liability.\nCap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, DOORDASH’S\nAGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY\nPAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD\nIMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON\nLIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.\n\n(c) Disclaimer of Certain Damages.\nDisclaimer of Certain Damages.\nDisclaimer of Certain Damages.\nDisclaimer of Certain Damages.\nDisclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW, DOORDASH SHALL\nNOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL,\nEXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR\nKIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL\nDISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE\nTHE\nTHE\nTHE\nTHE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nNEW JERSEY.\nNEW JERSEY.\nNEW JERSEY.\nNEW JERSEY.\nNEW JERSEY.\n \n20. Exclusive Venue\nTo the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and\nDoorDash agree that all claims and disputes arising out of or relating to the Agreement will be litigated\nexclusively in the state or federal courts located in San Francisco County if you are a California citizen or\nresident, and in the United States District Court for the District in which you reside if you are not a\nCalifornia citizen or resident.\n \n21. Termination\nIf you violate this Agreement, DoorDash may respond based on a number of factors including, but not\nlimited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. \nIn addition, at its sole discretion, DoorDash may modify or discontinue the Software or Service, or may\nmodify, suspend or terminate your access to the Software or the Services, for any reason, with or without\nnotice to you and without liability to you or any third party. In addition to suspending or terminating your\naccess to the Software or the Service, DoorDash reserves the right to take appropriate legal action,\nincluding without limitation, pursuing civil, criminal or injunctive redress. Even after your right to use\nthe Software or the Services is terminated, this Agreement will remain enforceable against you. All\nprovisions which by their nature should survive to give effect to those provisions shall survive the\ntermination of this Agreement.\n \n22. Procedure for Making Claims of Copyright Infringement.\nIt is DoorDash’s policy to terminate membership privileges of any User who repeatedly infringes\ncopyright upon prompt notification to DoorDash by the copyright owner or the copyright owner’s legal\nagent. Without limiting the foregoing, if you believe that your work has been copied and posted on the\nServices in a way that constitutes copyright infringement, please provide our Copyright Agent with the\nfollowing information: (a) an electronic or physical signature of the person authorized to act on behalf of\nthe owner of the copyright interest; (b) a description of the copyrighted work that you claim has been\ninfringed; (c) a description of the location on the Services of the material that you claim is infringing; (d)\n\nyour address, telephone number and e-mail address; (e) a written statement by you that you have a good\nfaith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a\nstatement by you, made under penalty of perjury, that the above information in your notice is accurate\nand that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact\ninformation for DoorDash’s Copyright Agent for notice of claims of copyright infringement is as follows:\nGeneral Counsel, DoorDash, Inc., 303 2nd St, Suite 800, San Francisco, CA 94107.\n \n23. General\n(a) No Joint Venture or Partnership.\nNo Joint Venture or Partnership.\nNo Joint Venture or Partnership.\nNo Joint Venture or Partnership.\nNo Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship\nexists between you, DoorDash or any third-party provider as a result of this Agreement or use of the\nSoftware or Services.\n(b) Choice of Law.\nChoice of Law.\nChoice of Law.\nChoice of Law.\nChoice of Law. This Agreement is governed by the laws of the State of Delaware consistent with the\nFederal Arbitration Act, without giving effect to any principles that provide for the application of the law\nof any other jurisdiction.\n(c) Severability.\nSeverability.\nSeverability.\nSeverability.\nSeverability. Except as otherwise provided in this Agreement, if any provision of this Agreement is\nfound to be invalid, the invalidity of such provision shall not affect the validity of the remaining\nprovisions of this Agreement, which shall remain in full force and effect.\n(d) Consumer Complaints.\nConsumer Complaints.\nConsumer Complaints.\nConsumer Complaints.\nConsumer Complaints. In accordance with California Civil Code § 1789.3, you may report\ncomplaints to the Complaint Assistance Unit of the Division of Consumer Services of the California\nDepartment of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814,\nor by telephone at (800) 952-5210.\n(e) Accessing and Downloading the Application from iTunes.\nAccessing and Downloading the Application from iTunes.\nAccessing and Downloading the Application from iTunes.\nAccessing and Downloading the Application from iTunes.\nAccessing and Downloading the Application from iTunes. The following applies to any Software\naccessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):\n(1) You acknowledge and agree that (i) the Agreement is concluded between you and DoorDash only, and\nnot Apple, and (ii) DoorDash, not Apple, is solely responsible for the App Store Sourced Application and\ncontent thereof. Your use of the App Store Sourced Application must comply with the App Store Terms\nof Service.\n(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support\nservices with respect to the App Store Sourced Application.\n(3) In the event of any failure of the App Store Sourced Application to conform to any applicable\nwarranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store\nSourced Application to you and to the fullest extent permitted by law, Apple will have no other warranty\nobligation whatsoever with respect to the App Store Sourced Application. As between DoorDash and\nApple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to\nconform to any warranty will be the sole responsibility of DoorDash.\n\n(4) You and DoorDash acknowledge that, as between DoorDash and Apple, Apple is not responsible for\naddressing any claims you have or any claims of any third party relating to the App Store Sourced\nApplication or your possession and use of the App Store Sourced Application, including, but not limited\nto: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to\nany applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or\nsimilar legislation.\n(5) You and DoorDash acknowledge that, in the event of any third-party claim that the App Store\nSourced Application or your possession and use of that App Store Sourced Application infringes that\nthird party’s intellectual property rights, as between DoorDash and Apple, DoorDash, not Apple, will be\nsolely responsible for the investigation, defense, settlement and discharge of any such intellectual\nproperty infringement claim to the extent required by the Terms.\n(6) You and DoorDash acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party\nbeneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon\nyour acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed\nto have accepted the right) to enforce the Terms as related to your license of the App Store Sourced\nApplication against you as a third-party beneficiary thereof.\n(7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms\nof agreement when using the App Store Sourced Application.\n(f) Notice.\nNotice.\nNotice.\nNotice.\nNotice. Where DoorDash requires that you provide an e-mail address, you are responsible for\nproviding DoorDash with your most current e-mail address. In the event that the last e-mail address you\nprovided to DoorDash is not valid, or for any reason is not capable of delivering to you any notices\nrequired or permitted by this Agreement, DoorDash’s dispatch of the e-mail containing such notice will\nnonetheless constitute effective notice. You may give notice to DoorDash through the following web\nform: https://help.doordash.com/consumers/s/contactsupport. Such notice shall be deemed given on the\nnext business day after such e-mail is actually received by DoorDash.\n(g) Electronic Communications.\nElectronic Communications.\nElectronic Communications.\nElectronic Communications.\nElectronic Communications. For contractual purposes, you (1) consent to receive communications\nfrom DoorDash in an electronic form; and (2) agree that all terms and conditions, agreements, notices,\ndisclosures, and other communications that DoorDash provides to you electronically satisfy any legal\nrequirement that such communications would satisfy if they were in writing. You agree to keep your\ncontact information, including email address, current. This subparagraph does not affect your statutory\nrights.\n(h) Transfer and Assignment\nTransfer and Assignment\nTransfer and Assignment\nTransfer and Assignment\nTransfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not\nbe transferred or assigned by you, but may be assigned by DoorDash without restriction. Any attempted\ntransfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the\nbenefit of each party and the party’s successors and permitted assigns.\n(i) Entire Agreement.\nEntire Agreement.\nEntire Agreement.\nEntire Agreement.\nEntire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with\nrespect to the subject matter hereof and supersedes and merges all prior discussions between the parties\nwith respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or\n\nmodify the terms of any separate agreement(s) between you and DoorDash relating to your work as an\nemployee or independent contractor, including, without limitation, any Independent Contractor\nAgreement governing your efforts as a Contractor.\n \n24. Contact Information\nDoorDash welcomes your questions or comments regarding the Terms:\nDoorDash, Inc.\n303 2nd St, Suite 800\nSan Francisco, CA 94107\nHelp Form: https://help.doordash.com/consumers/s/contactsupport\nTelephone Number: +1 (855) 973-1040\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"FineDine","url":"https://www.finedinemenu.com/privacy-and-terms/terms-of-service-for-consumers","lang":"ENG","sector":"Food","hq":"Turkey","hq_category":"Other","is_public":"Private","is_paid":"Free","date":"23.02.2021"},"document":{"title":"","text":"Terms Of Service for Consumers\nLast updated: February 23, 2021\nTerms of Service for the Consumers\n\nThank you for choosing to use our services.\n\nThese Terms of Service (“Terms”, “Terms of Service”) govern your\nrelationship with FineDine internet sites, applications and online\nservices (the “Service”) operated by Bambulabs, Inc., and it’s\nsubsidiaries Bambulabs Yazilim A.S. and FineDine FZE\n(collectively, “Bambulabs,” “us,” “we,” or “our”). Please read these\nTerms of Service carefully before using our Service.\n\nYour access to and use of the Service is conditioned on your\nacceptance of and compliance with these Terms. These Terms\napply to all visitors, users and others who access or use the\nService. By accessing or using the Service you, an individual, agree\nto be bound by these Terms. If you disagree with any part of the\nterms then you may not access the Service.\n\nSupplemental terms may apply to certain services, such as policies\nfor a particular event,activity or promotion, and such supplemental\nterms will be disclosed to you in connection with the applicable\nservices. Supplemental terms are in addition to, and shall be\ndeemed a part of, the Terms for the purposes of the applicable\nservices. Supplemental terms shall prevail over these Terms in the\nevent of a conflict with respect to the applicable services.\n\nThese Terms of Service are subject to change by Bambulabs at any\ntime and at our discretion without notice. Your use of the Sevice\nafter any changes are implemented constitutes your acceptance of\nthe changes. As a result, we encourage you to consult the terms\neach time you use the Service.\n\nPrivacy and Communications\n\nYou acknowledge and agree that Bambulabs may occasionally\nsend you communications regarding your account or the Service\nvia email, SMS or any communication media. To keep your contact\ninformation up to date is under your responsibility. Otherwise, it will\nbe deemed to have delivered the notifications made to the existing\ne-mail address. The communication purpose may be regarding your\naccount or the Service, marketing, advertising, promoting or legal\nnotifications. See the Privacy Policy, which is incorporated into this\nAgreement by reference.\n\nSee the Privacy Policy, which is incorporated into this Agreement\nby reference.\n\nThe Service\n\nFineDine is an online ordering platform (“Ordering Platform”), used\nfor ordering products (e.g. food ordering), connected to our\nPartner’s (e.g. Partner Restaurants) accounts which is accessed\nvia an mobile app or a website and the restaurant control panel\n(“Restaurant Dashboard”). The Ordering Platform and the\nPrivacy Policy\nFor Consumers\nFor Businesses\nTerms Of Service\nFor Consumers\nFor Businesses\n\nRestaurant Dashboard comprises, and is collectively referred to as,\nthe “Service.”\n\nFineDine is an online ordering platform (“Ordering Platform”), used\nfor ordering products (e.g. food ordering), connected to our\nPartner’s (e.g. Partner Restaurants) accounts which is accessed\nvia an mobile app or a website and the restaurant control panel\n(“Restaurant Dashboard”). The Ordering Platform and the\nRestaurant Dashboard comprises, and is collectively referred to as,\nthe “Service.”\n\nAlthough you place orders through the Service, Bambulabs itself\ndoes not sell the products contained in your order, is not a party to\nany such transaction, and has no control over the quality or safety\nof the products. Your order, is between you and the Partner from\nwhich you order.\n\nThird Party Services and Content\n\nThe Service may be made available or accessed in connection with\nthird party services and content (including advertising and delivery\ninfrastructures) that Bambulabs does not control. You acknowledge\nthat different terms of use and privacy policies may apply to your\nuse of such third party services and content. Bambulabs does not\nendorse such third party services and content and in no event shall\nBambulabs be responsible or liable for any products or services of\nsuch third party providers.\n\nFood Ordering\n\nRestaurants may represent food information such as allergen,\ncalories, food preparation standards or state ingredients through\nthe Service. We do not investigate or verify the menus, ingredients,\nfood preparation standards, or any descriptions, statements, or\nrepresentations made by the restaurants. Therefore, we strongly\nadvise you to contact the restaurant directly to address your\nspecific preparation requirements or learn about the ingredients if\nyou or the other consumers have any food allergies. By using the\nService, you agree that you understand that Bambulabs is not\nresponsible for any statements or omissions concerning the\nproducts contained in your order.\n\nYour Use Of the Service\n\nIn order to use most aspects of the Service, you must submit to\nBambulabs certain personal information, such as your name,\naddress, mobile phone number and age, as well as a valid payment\nmethod (either a credit card or accepted payment partner). In order\nto use some aspects of the Service, you must register for and\nmaintain an active personal user Services account (“Account”).\nAccount registration may also require you to submit to Bambulabs\ncertain personal information, as well as a valid payment method\n(either a credit card or accepted payment partner).\n\nWhen you create an account with us, you must provide us\ninformation that is accurate, complete, and current at all times.\nFailure to do so constitutes a breach of the Terms, which may result\nin immediate termination of your account on our Service. You are\nresponsible for safeguarding the password that you use to access\n\nthe Service and for any activities or actions under your password,\nwhether your password is with our Service or a third-party service.\n\nYou agree not to disclose your password to any third party. You\nmust notify us immediately upon becoming aware of any breach of\nsecurity or unauthorized use of your account.\n\nUser Provided Content\n\nBambulabs may permit you from time to time to submit, upload,\npublish or otherwise make available to Bambulabs through the\nService textual, audio, and/or visual content and information,\nincluding commentary and feedback related to the Service, initiation\nof support requests, and submission of entries for competitions and\npromotions (“User Content”). Any User Content provided by you\nremains your property. However, by providing User Content to\nBambulabs, you grant Bambulabs a worldwide, perpetual,\nirrevocable, transferrable, royalty-free license, with the right to\nsublicense, to use, copy, modify, create derivative works of,\ndistribute, publicly display, publicly perform, and otherwise exploit in\nany manner such User Content in all formats and distribution\nchannels now known or hereafter devised (including in connection\nwith the Service and Bambulab’s business and on third-party sites\nand services), without further notice to or consent from you, and\nwithout the requirement of payment to you or any other person or\nentity.\n\nYou represent and warrant that:\n\n(i) you either are the sole and exclusive owner of all User Content\nor you have all rights, licenses, consents and releases necessary to\ngrant Bambulabs the license to the User Content as set forth\nabove; and\n\n(ii) neither the User Content nor your submission, uploading,\npublishing or otherwise making available of such User Content nor\nBambulabs’s use of the User Content as permitted herein will\ninfringe, misappropriate or violate a third party’s intellectual property\nor proprietary rights, or rights of publicity or privacy, or result in the\nviolation of any applicable law or regulation.\n\nYou agree to not provide User Content that is defamatory, libelous,\nhateful, violent, obscene, pornographic, unlawful, or otherwise\noffensive, as determined by Bambulabs in its sole discretion,\nwhether or not such material may be protected by law. Bambulabs\nmay, but shall not be obligated to, review, monitor, or remove User\nContent, at Bambulab’s sole discretion and at any time and for any\nreason, without notice to you.\n\nAbility to Accept Terms of Service\n\nYou affirm that you are either more than 18 years of age, or an\nemancipated minor, and are fully able and competent to enter into\nthe terms, conditions, obligations, affirmations, representations, and\nwarranties set forth in these Terms of Service, and to abide by and\ncomply with these Terms of Service.\n\nThe Site is not available to minors. If you are a minor, please do not\nuse the Site.\n\n\nAcceptable Use and Conduct\n\nOur Software and Service may be used only for personal or\ncommercial use, which must be in compliance with all applicable\nlaws, rules and regulations and must not infringe or violate third\nparty rights. You represent, warrant and agree that you will not use\nthe Service for any purpose or in any manner that is not authorized\nby these Terms of Service. It is your responsibility to ensure that\nyour use of the Service complies with these Terms of Service and to\nseek prior, express written permission from Bambulabs for any uses\nnot permitted or not expressly specified in these Terms of Service.\n\nPurchases\n\nIf you wish to purchase any product or service made available\nthrough the Service (“Purchase”), you may be asked to supply\ncertain information relevant to your Purchase including, without\nlimitation, your credit card number, the expiration date of your credit\ncard, your billing address, and your shipping information.\n\nYou represent and warrant that: (i) you have the legal right to use\nany credit card(s) or other payment method(s) in connection with\nany Purchase; and that (ii) the information you supply to us is true,\ncorrect and complete.\n\nBy submitting such information, you grant us the right to provide the\ninformation to third parties for purposes of facilitating the completion\nof Purchases.\n\nWe reserve the right to refuse or cancel your order at any time for\ncertain reasons including but not limited to: product or service\navailability, errors in the description or price of the product or\nservice, error in your order or other reasons. We reserve the right to\nrefuse or cancel your order if fraud or an unauthorized or illegal\ntransaction is suspected.\n\nDeliveries\n\nPartner using the Service may not deliver to every location.\nBambulabs is not the delivery services or its agent, makes no\nexpress or implied warranty of any kind whatsoever with respect to\nthe delivery services and disclaims any such warranties that might\notherwise exist.\n\nPrices\n\nThe price of the products listed on the Service are defined by the\nPartners. Partners have the right to change the prices at any time,\nand the change will affect the prices of the new orders, the\nconfirmed orders won’t be affected by the price changes. Should\nthere be an obvious pricing mistake, whereby the Partner will notify\nyou as soon as they can about the pricing issue. Usually, the prices\nare checked by the Partner during the order confirmation process.\n\nPayment\n\nYou may pay for orders via the Service or direct to the Partner by\nselecting the option on Delivery options. A valid payment method is\n\nrequired to process the payment for your order. You shall provide\nBambulabs with accurate and complete billing information including\nfull name, address, state, zip code, telephone number, and a valid\npayment method information. By submitting such payment\ninformation, you automatically authorize Bambulabs to charge all\norder fees incurred through your account to any such payment\ninstruments.\n\nChargeback / Refund Policy\n\nAll refunds are subject to the Partner refund policies. Bambulabs\nwill not, except when required by law or approved by the applicable\nPartner, issue refunds for order cancellation.\n\nIf you have a question about charges made to your account, please\ncontact the Partner first. If the charges were made in error, they will\ncredit your account or credit card account for the appropriate\namount. For further information, you can contact Bambulabs\nat [email protected]. Any customer who disputes a credit\ncard payment that is found to be valid will be banned from use of\nthe Service. Any past due fees and costs will be sent to collections.\nIf our collection efforts fail, unpaid debts will be reported to all\navailable credit reporting agencies.\n\nAvailability, Errors and Inaccuracies\n\nWe are constantly updating our offerings of products and services\non the Service. The products or services available on our Service\nmay be mispriced, described inaccurately, or unavailable, and we\nmay experience delays in updating information on the Service and\nin our advertising on other web sites.\n\nWe cannot and do not guarantee the accuracy or completeness of\nany information, including prices, product images, specifications,\navailability, and services. We reserve the right to change or update\ninformation and to correct errors, inaccuracies, or omissions at any\ntime without prior notice.\n\nContent\n\nOur Service allows you to post, link, store, share and otherwise\nmake available certain information, text, graphics, videos, or other\nmaterial (“Content”). You are responsible for the Content that you\npost to the Service, including its legality, reliability, and\nappropriateness.\n\nBy posting Content to the Service, you grant us the right and\nlicense to use, modify, perform, display, reproduce, and distribute\nsuch Content on and through the Service for marketing or\npromotional purposes. You retain any and all of your rights to any\nContent you submit, post or display on or through the Service and\nyou are responsible for protecting those rights.\n\nYou represent and warrant that: (i) the Content is yours (you own it)\nor you have the right to use it and grant us the rights and license as\nprovided in these Terms, and (ii) the posting of your Content on or\nthrough the Service does not violate the privacy rights, publicity\nrights, copyrights, contract rights or any other rights of any person.\n\n\nWe may, but have no obligation to, remove accounts and content\ncontaining what we determine as unlawful, offensive, threatening,\ndefamatory, obscene or otherwise objectionable material. We will\nremove content that violates any party’s intellectual property or\nthese Terms of Service. An account terminated by Bambulabs will\nnot be backed-up for any reason and will be immediately deleted\nfrom our servers.\n\nIntellectual Property\n\nThe Service and its original content (excluding Content provided by\nusers), features and functionality are and will remain the exclusive\nproperty of Bambulabs and its licensors. The Service is protected\nby copyright, trademark, and other laws. Except as expressly\nauthorized by Bambulabs, you agree not to sell, license, rent,\nmodify, distribute, copy, reproduce, transmit, publicly display,\npublicly perform, publish, adapt, edit, or create derivative works\nfrom such content.\n\nAs noted above, reproduction, copying, or redistribution for\ncommercial purposes of any materials or design elements on this\nsite is strictly prohibited without the express written permission of\nBambulabs. For information on requesting such permission, please\ncontact us at [email protected].\n\nLinks To Other Websites\n\nOur Service may contain links to third-party web sites or services\nthat are not owned or controlled by Bambulabs. Bambulabs has no\ncontrol over, and assumes no responsibility for, the content, privacy\npolicies, or practices of any third party web sites or services. You\nfurther acknowledge and agree that Bambulabs shall not be\nresponsible or liable, directly or indirectly, for any damage or loss\ncaused or alleged to be caused by or in connection with use of or\nreliance on any such content, goods or services available on or\nthrough any such web sites or services.\n\nWe strongly advise you to read the terms and conditions and\nprivacy policies of any third-party web sites or services that you\nvisit.\n\nTermination\n\nWe may terminate or suspend your account immediately, without\nprior notice or liability, for any reason whatsoever, including without\nlimitation if you breach the Terms.\n\nUpon termination, your right to use the Service will immediately\ncease and you will lose all data related to your account. If you wish\nto terminate your account, you may simply discontinue using the\nService.\n\nLimitation Of Liability\n\nBambulabs is not liable for the quality of the delivery services and\nthe delivered products. If you have any problems with these\nservices, you should contact with the Partner or the third party\nservice provider.\n\n\nIn no event shall Bambulabs, nor its directors, employees, partners,\nagents, suppliers, or affiliates, be liable for any indirect, incidental,\nspecial, consequential or punitive damages, including without\nlimitation, loss of profits, data, use, goodwill, or other intangible\nlosses, resulting from (i) your access to or use of or inability to\naccess or use the Service; (ii) any conduct or content of any third\nparty on the Service; (iii) any content obtained from the Service;\nand (iv) unauthorized access, use or alteration of your\ntransmissions or content, whether based on warranty, contract, tort\n(including negligence) or any other legal theory, whether or not we\nhave been informed of the possibility of such damage, and even if a\nremedy set forth herein is found to have failed of its essential\npurpose.\n\nThis limitation applies whether the alleged liability is based on\ncontract, tort, negligence, strict liability, or any other basis, even if\nBambulabs has been advised of the possibility of such damage.\nBecause some jurisdictions do not allow the exclusion or limitation\nof incidental or consequential damages, Bambulabs’ liability in such\njurisdictions shall be limited to the extent permitted by law.\n\nNo party shall be liable to the other for any delay or non-\nperformance of its obligations under this Agreement arising from\nany cause beyond its control including, without limitation, any of the\nfollowing: act of God, governmental act, war, fire, flood, explosion or\ncivil commotion. For the avoidance of doubt, nothing in this clause\nshall excuse the Customer from any payment obligations under this\nAgreement.\n\nDisclaimer\n\nYour use of the Service is at your sole risk. The Service is provided\non an “AS IS” and “AS AVAILABLE” basis. The Service is provided\nwithout warranties of any kind, whether express or implied,\nincluding, but not limited to, implied warranties of merchantability,\nfitness for a particular purpose, non-infringement or course of\nperformance.\n\nBambulabs, its subsidiaries, affiliates, and its licensors do not\nwarrant that a) the Service will function uninterrupted, secure or\navailable at any particular time or location; b) any errors or defects\nwill be corrected; c) the Service is free of viruses or other harmful\ncomponents; or d) the results of using the Service will meet your\nrequirements.\n\nGoverning Law\n\nThese Terms shall be governed and construed in accordance with\nthe laws of the state of Delaware, without regard to its conflict of\nlaw provisions. You hereby consent to binding arbitration in the\nState of Delaware to resolve any disputes arising under these\nTerms of Service.\n\nOur failure to enforce any right or provision of these Terms will not\nbe considered a waiver of those rights. If any provision of these\nTerms is held to be invalid or unenforceable by a court, the\nremaining provisions of these Terms will remain in effect. These\nTerms constitute the entire agreement between us regarding our\n\nService, and supersede and replace any prior agreements we might\nhave between us regarding the Service.\n\nException to The Service that is provided in Turkey\n\nThese Terms shall be governed and construed in accordance with\nthe laws of the Republic of Turkey, without regard to its conflict of\nlaw provisions. Any dispute arising under this Agreement shall be\nresolved exclusively by an appropriate court of law in the UAE.\n\nException to The Service that is provided in the GCC\n\nThese Terms shall be governed and construed in accordance with\nthe laws of the UAE, without regard to its conflict of law provisions.\nAny dispute arising under this Agreement shall be resolved\nexclusively by an appropriate court of law in the UAE.\n\nChanges\n\nWe reserve the right, at our sole discretion, to modify or replace\nthese Terms at any time without notice to you. What constitutes a\nmaterial change will be determined at our sole discretion.\n\nBy continuing to access or use our Service after those revisions\nbecome effective, you agree to be bound by the revised terms. If\nyou do not agree to the new terms, please stop using the Service.\n\nFor questions about this Agreement or the Privacy Policy please\ncontact Bambulabs at [email protected].\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Glovo","url":"https://glovoapp.com/pl/legal/terms/","lang":"ENG","sector":"Food","hq":"Spain","hq_category":"EU","is_public":"Indirectly public","is_paid":"Optionally paid","date":"17.01.2022"},"document":{"title":"","text":"General Terms of Use and Contracting\n \nLast updated on: 17 January 2022\nThese general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of\nGlovoapp23, S.L. (hereinafter, “Glovo”), whose domain is https://glovoapp.com, and to its related mobile\napplication, as well as to all its related sites or sites linked from https://glovoapp.com by Glovo, as well as its\naffiliated companies and associates, as set forth in Annex I, including Glovo’s websites worldwide (hereinafter\nand collectively, the “Site”). The site belongs to Glovo. By using the site, you accept and expressly agree to these\nterms of use. If you do not agree, please refrain from using it.\nGlovo hereby makes the Glovo website and mobile application (hereinafter, jointly, the “Platform”) available to\nusers (hereinafter, the “User” or “Users”).\nIn accordance with the provisions of the applicable legislation, the following identification details of the site owner\nare provided below:\nCompany name: Glovoapp23, S.L.\nRegistered address: C/ Pallars 190, 08005 Barcelona.\nCommercial Register registration details: Protocol 2014/1249, Volume: 44467, Folio: 76, Sheet: 456858,\nEntry: 1.\nTax Identification Number (NIF): B66362906\n1. Object\nGlovo is a technology company whose main activity is the development and management of a technology\nplatform through which certain local stores in a number of territories can offer their products and/or services by\nmeans of a mobile or web application on the platform (hereinafter, the “APP”) and, in an ancillary manner, where\napplicable and if so requested through the APP by users of the APP and consumers of the said local stores, act\nas an intermediary in the planned or immediate delivery of the products.\nGlovo has developed a Platform through which a variety of merchants, with which Glovo can have in place a\ncommercial agreement for the use of the platform, offer a selection of products and/or services. Users can\nrequest the purchase and/or collection of products and services from such merchants in person by means of a\nmandate given by them to a third party when placing an order through the Platform. In such cases, Glovo acts as\na mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of\nthe products or for the proper provision of the services offered directly by the merchants or by such third parties.\nIn addition, Glovo is a multi-category Technology Platform for intermediation in the contracting of “on demand”\nservices by distance electronic means. Its aim is to make it easier for any persons requiring help with their\nerrands, services, purchases in person and/or collection of products from local merchants (hereinafter, “Users”) to\ncarry out their errands by delegating to such third parties, who are willing to voluntarily carry out the mandate\ngiven to them by Users (hereinafter, the “Mandataries”).\nMandataries are thus a network of self-employed professionals who work with Glovo. When they wish to provide\ntheir services, they log onto the Glovo Platform and undertake to carry out within a certain amount of time the\nservice entrusted to them by the User by means of the above-mentioned mandate. As a result, Glovo cannot be\nresponsible for delivery times, as they will depend on the local stores’ own successful operations, the preparation\nof orders, the Mandataries themselves, and the information furnished by Users when placing orders or their\navailability and response at the time of delivery. In relation to this, the delivery times stated on the Site are\nprovided for indicative purposes only.\nGlovo hereby confirms that it has obtained all necessary licences for the pursuit of its commercial activities in the\ncountries in which it operates.\nThroughout these General Terms of Use, both Users and Mandataries will be referred to as Users of the\nPlatform.\n2. Terms of Use\nBy accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and\nunambiguously agree to these General Terms of Use and Contracting as well as to the Privacy Policy and the\nCookie Policy.\n\n3. User Access and Registration\nIn order to be a User of the Platform, it is essential that you meet the following requirements:\nUsers must be at least 18 years of age.\nUsers must truthfully complete the mandatory fields of the registration form requesting personal details\nsuch as the User’s name, e-mail address, telephone number and bank card number.\nUsers must agree to these Terms of Use and Contracting.\nUsers must agree to the Privacy and Data Protection Policy.\nUsers must agree to the Cookie Policy.\nThe User warrants that all the information regarding his/her identity and capacity provided to Glovo in the\nregistration forms for the Platform is true, accurate and complete. In addition, Users undertake to keep their\ndetails up to date.\nIf a User provides any false, inaccurate or incomplete information or if Glovo considers that there are well\nfounded reasons to doubt the truthfulness, accuracy or integrity of such information, Glovo may deny that User\ncurrent or future access to, and use of, the Platform or any of its contents and/or services.\nWhen registering on the Platform, Users must choose a username and password. Both the username and the\npassword are strictly confidential, personal and non-transferable. In order to increase the security of accounts,\nGlovo recommends that Users do not use the same login credentials as on other platforms. If a User uses the\nsame login credentials as on other platforms, Glovo will be unable to guarantee the security of the account or\nensure that the User is the only person logging into his/her profile.\nUsers undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be\nsolely responsible for any use of such details or of the services of the Site that may be made by third parties,\nincluding the statements and/or contents entered on the Platform, or for any other action carried out under their\nusername and/or password.\nUsers are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the\nPlatform and agreeing to these Terms, the User grants Glovo, in relation to the content that he/she may provide,\na worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify,\ncreate derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Glovo,\nwith or without any further communication to the User and without having to pay any amounts for such uses.\nGlovo cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by\nunregistered third parties of a registered User’s identity. Users undertake to inform Glovo immediately, using the\ncommunication channels made available by Glovo, if their credentials are stolen, disclosed or lost.\n 3.1 Profile\nIn order to complete their registration on the Platform, Users must provide certain details, such as: username, e-\nmail address, telephone number and bank card details, among others. Once they have completed the registration\nprocess, all Users will be able to access, complete and edit their profile as they deem appropriate. Glovo does\nnot store users’ payment data, which shall be processed and stored by the payment service provider as\ndescribed in these Terms and in the Privacy Policy.\n 3.2. Credit Card Theft or Appropriation\nSince Glovo cannot guarantee the identity of registered Users, Users are under an obligation to inform Glovo if\nthey have evidence that the credit card associated with their Glovo profile has been stolen and/or is being\nfraudulently used by a third party. Therefore, since Glovo and its payment platform are proactive in the protection\nof Users through the use of appropriate security measures, if a User fails to inform Glovo of the missing card,\nGlovo will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account.\nGlovo suggests that Users report any theft, robbery or suspected misuse of their credit card to the police.\nIf necessary, Glovo undertakes to assist Users and cooperate with the competent authorities as may be\nnecessary to provide reliable evidence of the wrongly applied charge. In the event of fraud, Glovo reserves the\nright to take any appropriate action if it has been detrimentally affected by the misuse of the Site.\n4. Operation of the Service. Terms of the Mandate.\nWhen a User who is registered as a User needs help with an errand, he/she must go to the online platform or the\nrelevant Glovo application and request the service using the said electronic methods. The basic courier service\ninvolves the collection and subsequent delivery of a product to and from the addresses established by the User,\nprovided that they are within the territory in which Glovo operates. Similarly, a User may ask a Mandatary to\n\npurchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses\nspecified. The Mandatary undertakes under a mandate to purchase the products ordered by the User on the\nlatter’s behalf and according to his/her indications and specifications.\nUsers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and\nthey therefore release Glovo and the Mandatary from any liability for negligence or error in the collection or\ndelivery of the order as a result of providing incorrect addresses for collection and delivery. As a result of the\nforegoing, the cost resulting from providing an incorrect address for collection and delivery on the Platform shall\nbe borne by the User.\nUsers must provide all the information, in as much detail as possible, about the service to which the assignment\nrelates and, if applicable, in relation to the product that they are asking the Mandatary to buy in a physical shop\non their behalf. To do this, they may provide any comments they may deem useful in the “comments” section as\nwell as, where appropriate, share a photograph with the Mandatary to identify the order. Users will be in constant\ncontact with the Mandatary and may communicate with him/her at any time to ensure that he/she carries out the\nmandate according to the Users’ own instructions.\nIn order to facilitate direct communication with the Mandatary and in the event of any incidents in the processing\nof the order and/or in order to inform of any changes thereto, GLOVO makes available to Users an internal chat\nsystem allowing direct and immediate contact between the User and the Mandatary while the order is being\ncarried out. The chat session will be deactivated as soon as the User has received the product or the order is\ncancelled for any of the reasons envisaged. If a User wishes to contact the Mandatary or Glovo after the order\nhas been completed, he/she must use the contact form available on the Platform and contact the User assistance\nservice.\nThe User releases Glovo and the Mandatary from any liability for negligence or error in the indications given by\nthe User for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result,\nthe User shall bear the cost arising from providing incorrect indications on the Platform regarding the products\n(such as an incorrect address or product).\nWhen placing an “Anything” order, Users may set an approximate price if the price of the product and/or service\ndoes not appear on the platform. In such case, the service or product may be purchased by the Mandatary in\nperson based on the User’s estimate and never for more than 30% above the said estimate. If the price is higher,\nthe Mandatary shall contact the User to inform him/her of this situation, and it will be the latter who makes the\nfinal decision on whether or not to proceed with the purchase in person at the store. Glovo may provide an\napproximate price estimate, merely for the purpose of helping the User, and such estimate shall not be binding as\nthe final price payable by the User in any event.\nIf the price of the product/service does appear on the Platform, the prices appearing on the Platform may be\nindicative as provided in Clause 7 of these General Terms and Conditions of Use of the Platform.\nIf the product and/or service is not available, the Mandatary must call the User to set out the available options. If\nthe User does not accept any of the options set out by the Mandatary and is therefore not interested in the\nalternative options, he/she must accept the cancellation policy set forth in these General Terms of Use (Section\nNine). If the User does not answer the phone, the Mandatary shall wait 5 minutes before leaving.\nUsers accept that according to the services contracted through the GLOVO platform, they can receive the\ninvoices corresponding to the delivery, courier or management services, by the Mandataries.\nIf the User is not at the place agreed for delivery, the Mandatary shall retain the product for 24 hours, or for 5\nminutes in the case of perishable products. In addition, the User must bear 100% of the cost of the basic courier\nservice, as well as the price of the product if one has been purchased or contracted through the Mandatary at the\nUser’s request, and will have to pay for another service in order to receive the products that were not delivered.\nThe Mandatary will in no event be liable for the deterioration or expiry of the product to which the assignment\nrelated.\nOnce the assignment has been completed, if the request included the in-person purchase of a product, the\nMandatary shall give the User the paper receipt for such product and/or provide it by e-mail. If the object of the\nassignment is the mere delivery of a product, the Mandatary shall deliver it to the User at the exact time and\nplace indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received\nby the User at the e-mail address associated with his/her account.\nAt that moment, the User, who is the recipient of the service identified by the user in the order, or any third party\nauthorised by him/her, must where appropriate ratify the mandate given by signing on the Mandatary’s device.\nGlovo is unable to verify the authenticity of the User’s signature. If the User receives confirmation that the order\nhas been carried out without having ratified the mandate either personally or through a recipient authorised by\n\nhim/her, he/she must inform Glovo immediately so that appropriate steps can be taken by the Platform. Glovo\nreserves the right to check any communications made by the User for verification and monitoring purposes.\nFOOD / PACKAGED PRODUCTS: Glovo recommends that, when ordering food products under a mandate,\nUsers ask the Mandatary and/or the establishment offering the products, using the methods available on the\nPlatform, for information on the content and composition of the food products ordered.\nFurthermore, Glovo is not responsible for ensuring that food orders are delivered to Users in properly closed\nbags, which should ideally be labelled or sealed. \n5. Returning Non-Perishable Products\nIf a User wishes to return a non-perishable product or make a claim about the provision of a service, without\nprejudice to Glovo’s ability as an intermediary to take over the handling thereof, the party with ultimate liability will\nalways be the merchant at which the purchase was made. If the User obtains a refund for the purchase price, the\nmerchant will decide how to make the refund (cash, credit card, store voucher, etc.) regardless of whether it is\nGlovo who pays the refund on the local merchant’s behalf. Therefore, the return of a non-perishable product\npurchased by the Mandatary pursuant to a mandate conferred by the User shall be subject to the merchant’s\nreturns policy in any event.\nAs certain establishments may not have premises open to the public, Users will be unable to access them for the\npurpose of processing any claims or returns. In such cases, they must contact Glovo’s User assistance service\nfor the necessary help and support using the channels available on the Platform.\nIf a User wishes to process the return of a non-perishable product because it did not match the order made\nthrough the platform, he/she must provide a photograph of the total order together with a list of the incorrect or\nundelivered products, as well as other proof of the inadequacy of the product requested.\nThe User must check the non-perishable products delivered by the Mandatary at the delivery address before\nsigning and, where appropriate, ratifying, the mandate. By means of the said signature, the User confirms and\nratifies the mandate, the purchase in person or the service carried out on his/her behalf. In addition, the User\nstates that a third party may ratify the mandate on his/her behalf, for example if the User is not at the final\ndelivery address or has designated a third party for collection and signature where appropriate. The User (and/or\nthe said third party) is thus responsible for checking that the service provided is adequate as well as, where\napplicable, for collecting enough evidence to prove that it was not.\nIn any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The\nUser must therefore inform Glovo through the methods provided by Glovo for that purpose if a dispute arises.\n6. Prices of the Services and Billing\nUsers can register for the Platform, and use it, free of charge, although this is subject to review by Glovo at any\ntime. Users may have to pay for certain services on the Platform as provided in these General Terms and\nConditions of Use.\nThe use of the Platform by Mandataries and merchants may have an associated cost based on the country from\nwhich they wish to use the Platform to provide services.\nThe User only has to pay for each service requested through the Platform for his/her use thereof to order\nproducts, and to communicate through the Platform, as well as for the courier or errand services provided by third\nparties.\nIn the event of rain or bad weather conditions, the User will have to pay an additional fee for the courier or errand\nservice provided by third parties in such weather conditions.\nIn addition, for services that include the purchase of a product, the User must pay the price of such product. By\nregistering through the Platform and providing the required bank details, Users expressly authorise Glovo to\nissue receipts for payment of the services requested, including the price and delivery of the products ordered.\nThe total price of each service may be composed of a variable percentage based on the number of kilometres\ntravelled and the time taken by the Mandatary, as well as, where applicable in cases in which a User requests the\nphysical purchase of a product or service, the price established by each merchant. Glovo reserves the right to\nchange the price based on the distance travelled and/or the time slot in which the service is performed. In\naccordance with these terms, the User will be entitled to know the approximate fee for the service before\ncontracting it and paying for it, unless the User has not specified the address for collection. The fee for the\ndelivery service may vary in cases of force majeure beyond Glovo’s control that entail an increase in such fee.\n\nThe fee may include tips for the Mandatary and/or the local store, whose amount shall be solely and entirely at\nthe User’s discretion.\nGlovo reserves the right to change the prices on the Platform at any time. Such changes shall take effect\nimmediately after publication. The User expressly authorises Glovo to send him/her by electronic means, to the\ne-mail address provided by the User during the registration process, receipts for the services contracted and/or\nthe bills generated. If an invoice is required, the User must enter the relevant tax data on the platform before\nplacing the order.\nIf a service is cancelled by the User once the preparation of the order by the local merchant has been confirmed\nand the User has been informed, Glovo will be entitled to charge the User the fee applicable in each case.\nSimilarly, if the User has asked the Mandatary to purchase a product on his/her behalf and the User cancels the\norder after the purchase has been made, the latter shall bear the cost of the delivery services provided by the\nMandatary as well as the full price of the product. All this without prejudice to the User’s ability to request a new\nservice in order to return the products purchased or to have them delivered at a different address. In the case of\nnon-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold\nhim/her the products. If the User wishes to exercise this right through Glovo, he/she must request the service\nagain.\n 6.1. Payment Platforms\nPayment for products and/or services offered on the Platform, sold in person at restaurants and/or stores and\ndelivered to Users in a deferred manner is temporarily made to Glovo, who then sends it to the restaurants and/or\nstores with which it has a commercial agreement in place. The associated restaurants and/or establishments\nauthorise Glovo to accept payment on their behalf. Payment of the price of any product (such as food, drink, a\ngift, etc.) properly made to Glovo will therefore discharge the User’s obligation to pay the said price to the\nassociated restaurants and/or establishments.\nSimilarly, the User’s payment releases him/her from any obligation vis-à-vis the Mandatary, as full payment from\nthe User discharges any obligation that the User may have vis-à-vis restaurants and/or stores and/or\nMandataries.\nPayment by Users for products and/or services is received at Glovo’s accounts through an Electronic Money\nInstitution. Electronic Money Institutions are authorised to provide, directly or indirectly, regulated payment\nservices in all the territories in which Glovo operates and are in compliance with the current legislation applicable\nto payment services for Platforms such as Glovo*.\n*If such institutions are not authorised, Glovo will accept no liability for such lack of authorisation or licence, and\nsole and exclusive liability shall lie with the Electronic Money Institutions.\nUsing the payment provider contracted by it for this purpose and for the sole purpose of verifying the means of\npayment provided, Glovo reserves the right, as a fraud prevention measure, to request a payment pre-\nauthorisation for the products ordered through the platform. Such pre-authorisation shall in no event involve\npayment of the full amount of the order, as this will be done solely and exclusively after the products have been\nmade available to the User, or for the reasons set forth in these terms and conditions.\nIn order to provide Users with greater support, Glovo shall be their first point of contact and shall accept liability\nfor payments made on the Platform. Such liability includes refunds, returns, cancellations and early-stage dispute\nresolution, and it is without prejudice to any actions that may be taken by Glovo vis-à-vis local merchants as the\nsole physical sellers of the products ordered by Users.\nIn accordance with the foregoing, in the event of a dispute, Glovo shall provide the first line of support and shall\nreimburse the User if this is deemed appropriate.\nIf a User has any issues with the progress of his/her order, he/she may contact Glovo’s User assistance service\nthrough the methods made available to Users on the Platform.\n7. Price of the Products and/or Services Appearing on the Platform\nAll the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from\nwhich the User operates and shall in any event be denominated in the currency in force in the territory from which\nthe User operates.\nIn accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform,\nsubject to the specific characteristics set forth above, and applied automatically at the last stage of the\ncontracting process.\n\nHowever, the prices of the products sold in restaurants and/or stores shown on the Glovo Platform may be\nindicative only. In any event, they correspond to the products sold in restaurants and/or stores, and they are set\nsolely by them. The User may contact the Mandatary to confirm the final price of the products ordered.\nThe User assumes that, in any case, the price of some products may change in real time based on the\nestablishment that sells them and on the available stock. The User may contact Glovo for any information about\nthe order placed.\nIn accordance with the foregoing, the User grants the Mandatary, by means of the purchase and delivery request\nmade through the Platform, a mandate to purchase the products in person, on his/her behalf, at the price set by\nthe merchants. The User may be in direct contact with the Mandatary while the order is being carried out.\n8. Promotional Codes and/or Other Offers or Discounts\nGlovo may unilaterally provide at any time credits for use within the Platform or free shipping to certain Users.\nThe User acknowledges and accepts that credits and free shipping must be used within six (6) months from the\ndate on which the credit or free shipping was made available to the User on the Platform.\nPromotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the\napplication before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy\nthem. \nWhenever a cancellation is requested by Glovo in accordance with Section 9 below, the User shall ensure that\nthe promotional code and/or other offer or discount is valid for future use. When the cancellation is at the User’s\nrequest, Section 9 below will apply.\nGlovo reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it\nbecomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by\nsomeone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts),\nat the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the\namount for which Glovo has been defrauded as a result of such use.\nGlovo will accept no liability if, due to an event of force majeure or other events beyond its control or whose need\nis justified, it is forced to cancel, shorten, extend or amend the conditions of promotions.\nIn particular, Glovo will accept no liability if the website is not available at any time during promotions or for a\nmalfunction in the automated promotion system.\n9. Right of Withdrawal and Cancellation of Orders\nIn accordance with the nature of the service offered by Glovo, the User is aware that, once a Mandatary has\nvoluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User\nmay therefore no longer be entitled to withdraw the service request free of charge.\nWithout prejudice to the foregoing, the cost of cancellation may depend on the following factors;\n- If the restaurant or establishment has already accepted the order and started preparing it, the User will be\ncharged the price of the products. The User will be informed of the restaurant’s acceptance through the Platform\nand/or by e-mail at the e-mail address registered by the User. \n- If the User cancels the order once the Mandatary has accepted it for processing, the User will be charged the\ncancellation fee. The User will be informed of the Mandatary’s acceptance through the Platform. The User can\nsee the cost of cancellation on the Platform. If the order is cancelled by Glovo, the agents will contact the User to\ninform the latter of the cost of cancellation if there is one.\nIf the restaurant or establishment and the Mandatary have accepted the order for processing, the User will be\ncharged both the price of the products and the cancellation fee.\nThe total cost of cancellation will appear on the User’s screen on pressing the “Cancel” button on the Platform.\nThe User will be shown the charge to be applied, based on the factors described above, in advance.\nIn the case of certain cities, it may not be possible to view the cost of cancellation directly on the Platform. In\nsuch cases, the applicable costs of cancellation will be those set forth in Annex II hereof.\nIn the case of non-food or non-perishable products, if the Mandatary has already purchased the product ordered\nat the time of cancellation, the User may ask the Mandatary to return it. To that end, the User must pay the\nproducts’ full purchase price and delivery costs, as well as the cost of the return service. If the Mandatary has\n\nbeen able to return the product, its value will be refunded to the User who, as mentioned above, must pay the\ncost of the two collection and delivery services as well as the return service. The return shall in any event be\nsubject to the merchant’s return policies, and the User therefore states that he/she is aware that, in the case of\nperishable products (e.g. food), the product may not be returned and Glovo will therefore be entitled to charge\nhim/her for both the product already purchased by the Mandatary under his/her mandate and for the cost of the\ndelivery service incurred.\nNotwithstanding the foregoing, in the specific case of orders placed on the Platform through the McDonald’s\nproduct drop-down menu, the User must deal directly with Glovo.\nIf the User has given an incorrect delivery address for the products, he/she may enter a new address at any time\nprovided that it is within the same city as the original order and this is a city in which Glovo provides its\nintermediation service. In such case, the User will be ordering a new service and agrees to be charged the\nappropriate amounts for the new delivery. If the address is in a different city from the one originally specified, the\naddress may not be modified for delivery in a new city, and the order will be cancelled, with the User bearing the\nresulting costs as provided in this clause.\nGlovo reserves the right to cancel an order without having to provide a just cause. In the event of cancellation\nwithout just cause at Glovo’s instance, the User shall be entitled to a refund of the amount paid.\nGlovo has official claim forms available to Users, in the official languages of the countries in which Glovo\noperates, in relation to the service offered by it. Users may request the above-mentioned claim forms through\nGlovo’s User assistance service, and the option to access them will be sent automatically. The User’s e-mail\nmust specify the exact location from which the request is being made, which must be the same as the place\nwhere the service is to be carried out. In the event of doubt, the claim should be made from the latter place. \n10. Special Terms of the Product Purchase Service through Glovo\nThe User has the option of requesting through the Platform the purchase by a Mandatary, in person, of a\nselection of products and/or services offered by establishments with which Glovo may or may not have a\ncommercial agreement in place. Using a drop-down menu within the Platform, the User can choose from among\na number of options that may indicate the characteristics and price of the product or service as well as,\nsometimes, even a photograph thereof, for indicative purposes only.\nIf a User wants to know the composition and nutritional information of the products available on the Platform,\nhe/she must contact each establishment directly to obtain full information about the products.\nOnce the User has selected one of the options, he/she can also complete the order by using the free-text space\nprovided in order to include more detailed information or instructions for the Mandatary who is to carry it out.\nBy using the “Anything” Button, the User states his/her wish to order the purchase in person of certain products,\nand the Mandatary will be a mere agent acting on the User’s behalf. The User may specify the products to be\nincluded in the order by using the free-text box to include more detailed information or instructions for the\nMandatary who is to carry it out. As a result of the foregoing, the User shall be solely responsible, and it would be\nthe User who, if the situation arose, would be liable for any incident arising from the nature of the products (such\nas a sanction, civil and/or criminal liability, financial liability, etc.). In relation to this, Users should be aware that\nGlovo actively collaborates with the authorities of each country to combat, among other crimes, fraud, drug\ntrafficking, money laundering, terrorism and identity theft. The User is therefore aware that Glovo may disclose\nhis/her data to public authorities on their request in order to prevent and avoid the commission of these or other\ncriminal offences.\nThe User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the\nproducts and/or services available on the Platform, are provided based on the information and documents\nsupplied by the establishments, and that Glovo is therefore unable to provide any guarantees against any\npossible inaccuracies in such descriptions, prices and/or photographs.\nFurthermore, the User accepts that all the products appearing on the Glovo platform are subject to availability\nand, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be\nfound not to be available at the establishment. In addition, the price of the product is subject to slight variations\ndue to modifications at the point of sale. Glovo reserves the right to proceed with the purchase in the case of\nprice variations of up to 30%. If the variation is greater than the said 30%, the Mandatary shall contact the User to\ninform him/her of the situation.\nGlovo reserves the right to withdraw any product from its platform, as well as to modify the contents of its\ninformation sheet at any time, without thereby incurring any liability of any kind.\n\n 10.1 Deliveries\nGlovo provides Users with a delivery service for products purchased by a Mandatary in person in certain cities.\nSuch an order can be carried out whenever the following conditions are met at the time of payment:\nThe service must be operative during the chosen time slot.\nThe goods to be delivered must be in one of the cities, and within the available area, in which Glovo\noperates.\nThe destination must be located in the same city as the product.\nThe product(s) ordered cannot exceed the following size: 40 cm x 40 cm x 30 cm*\nThe maximum weight of a single order will be approximately 9 kg*\n*The above-mentioned size and weight will not apply in the case of vehicles capable of accommodating such\nvolumes.\n 10.2. Price and Payment Method\nThe price of the product and/or service shall be as stated by the establishment on the Platform. However, the\nUser knows that the price of some of the products may vary in real time due to stock availability at the\nestablishments appearing on the platform, and that the User will in any event always be told the final cost before\npayment.\nFrom the moment when the Mandatary is 1000 metres away from the order collection point and until its delivery,\nthe User may contact the Mandatary who will be acting on the User’s behalf in the purchase of products and\nservices. Any change or variation shall therefore be reported by the Mandatary for the User’s approval before\ncarrying out the mandate. If the User wishes to make any comments regarding the order, he/she will always be\nable to directly contact the Mandatary who is carrying out the mandate.\nSimilarly, at the payment gateway stage, the User will be informed of the final price and approximate time of\ndelivery in accordance with the terms of Glovo’s courier service set forth above.\n The User may pay for the products and/or services in cash or by credit card. The cash payment option may be\nunavailable in some of the countries in which Glovo operates. When making the order, the User will be informed\nof the various payment options available in the territory from which the service is being requested. In order to pay\nwith a credit card, the User must provide the card details through the platform as a payment method associated\nwith his/her account. Glovo does not store card numbers on its servers and can only view the last four digits of\nthe card. The full information shall be stored on the servers of the payment service provider that makes the\npayments on Glovo’s behalf. Users paying by credit card will incur no additional charges for choosing this\npayment method. All this in accordance with the terms of the payment platform set forth in Clause 6.1.\nIn the case of cash payments, the User must pay the price at the time of delivery of the product and/or on\ncompletion of the assignment at the place of delivery. The User may not refuse to pay the delivery fee and/or the\nprice of the product ordered. The User can only refuse to pay the service fee if he/she has made a complaint and\nhas received a response from Glovo that is favourable to the User by the time of the delivery.\nIf payment for the service can for any reason not be taken from the User, the User’s account shall be blocked\nuntil the situation has been rectified and the debt has been settled.\n 10.3. Home Delivery of Free Samples and Other Commercial Actions\nGlovo reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs,\nProfessionals (e.g. mass market food companies, laboratories, Department Stores, large and small consumer\nbrands, etc.) to send promotional communications, including the addition of free samples to the order delivered to\nthe User’s home.\n11. Special Terms of the “SuperGlovo” Service\nGlovo makes available to Users, on the Platform, a category where they can choose from a range of products\nthat can generally be found, among other places, in supermarkets, department stores and/or personal care\nestablishments so that the Mandatary who agrees to carry out the order can deliver them at the address provided\nby the user.\nAfter selecting their preferred products, Users may request, using the mechanisms available on the Platform,\ninformation on the products’ allergens, intolerances, composition and/or nutritional information, which shall be\nprovided through the contact chat service or the User’s e-mail address registered on the Platform. Glovo may\nalso make available to those Users who request it information links where they can find and review such\ninformation. “SuperGlovo” orders shall be governed by the provisions of Clause 10.1 above.\n\nUnless otherwise specifically provided in this section, the General Terms of Use shall apply to the “SuperGlovo”\nService.\n12. Special Terms of the B2B Glovo Business Platform Service\nGLOVO has a platform for sending and delivering products available to businesses and professionals. This\nsection shall apply to the specifications of the services offered by GLOVO on the\nwebsite https://business.glovoapp.com/. The General Terms of Use and Contracting shall apply to everything not\ncovered by this section.\n 12.1. Object\nThe User may log into the Glovo Business Service using his/her username and password registered on the\nPlatform for the purpose of requesting the collection and delivery of the desired products from one or more\ncollection points and to one or more delivery points, and their transport will be carried out directly by the\nMandataries.\nThe services requested by the User on the Glovo Business Platform will not entail the purchase of Products but\nmerely intermediation services in the delivery of the desired products from the collection address to the delivery\naddress.\n 12.2 Type of Service\nWhen using the Glovo Business Platform, Users will be able to choose between the following types of service:\n1. \"One-way order\": Products are collected from a single place and delivered to a single delivery address.\n2. “Return order\": Products are collected from a single place, taken to a second address and then returned to\ntheir point of origin (the first address).\n\"Multiple pick-up order\": There are several collection addresses and a single delivery address.\n1. “Multiple drop-off order\": There is a single collection address and several delivery addresses.\nEach Order may have a free-text box for each order so that Users can include any relevant comments about their\nOrders for clarification to the Mandatary.\nOnce the order has been placed, the Mandatary will go to the collection point(s) established by the User in order\nto collect the Order(s) together with their Confirmation on the Platform. To collect an Order, the Mandatary must\npresent the Order Confirmation on the Platform. Finally, the Mandatary must deliver the Order to the designated\ndelivery address(es).\nUsers may cancel an Order free of charge until it has been accepted by a Mandatary. However, if a User cancels\nan Order that has been accepted by a Mandatary, the User will have to pay 100% of the price for cancelling an\norder in progress.\nIf the Mandatary arrives at the delivery address and the intended recipient of the Order does not appear within 10\n(ten) minutes of waiting and communication attempts, the Mandatary must return the Order to the initial collection\naddress and Glovo will be entitled to charge the User for the additional expenses incurred in connection with the\nnew service carried out.\nThese additional costs shall be calculated based on a variable cost that will depend on the number of kilometres\ntravelled to the point of delivery and a fixed cost corresponding to the return of the order to the address of origin.\nIf a User has any problems while placing an Order, he/she must contact GLOVO’s support service.\nThe Glovo Business Platform will be available on the days and at the times when the platform is active.\nThe size of packages that can be carried by Mandataries may in certain circumstances be subject to restrictions.\nProducts must be located in the cities in which Glovo operates, and their collection and delivery points must be\nlocated in the same city and areas served by Glovo.\n 12.3. Fee for the Services\nThe Price of each Order will consist of a variable fee (plus any indirect taxes that may be applicable by law)\nbased on the distance travelled (km) (hereinafter the “Fee”).\n\nGLOVO reserves the right to modify prices based on the distance involved and/or the time of day when the Order\nis carried out.\nIn accordance with these terms, Users will be entitled to know the approximate Fee that they will have to pay for\ntheir Order before they place it. The Fee may vary if there are events of force majeure beyond Glovo’s control\nthat result in an increase in the Fee payable. Glovo shall also pay the Mandatary’s Fee on the User’s behalf. The\nFee may also be increased if a User provides subsequent information to the Mandatary, such as a change of\ncollection and/or delivery address(es) or the addition of addresses to the initial order.\nPayment for the service rendered may be made by the following methods, to be freely chosen by the User:\nCredit card: Users may pay for each Order individually using a credit card in the same manner and under\nthe same terms as provided in the General Terms of Use and Contracting.\n \nMonthly payments / direct debit: GLOVO will collect the total amount incurred by the User in each calendar\nmonth by direct debit based on the information provided by the User.\nIf the direct debit is cancelled and the relevant payment can therefore not be taken, the amount owed by the User\nwill be charged to his/her associated credit card her on the same day on which GLOVO is notified of the direct\ndebit failure. In such case, the User must bear the costs arising from the direct debit failure (e.g. bank charges).\n13. Purchases of Alcohol\nUsers who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must\nbe of legal age. This means that they must be at least the age stipulated by the local legislation applicable in the\nterritory in which the User is placing the order. When placing an order that includes alcoholic drinks, the User\nconfirms that he/she is at least the age stipulated by the local legislation applicable in the territory in which the\nUser is placing the order. Glovo reserves the right to refuse the order for the purchase and/or delivery of alcohol\nto any person who is unable to prove that they are at least the age stipulated by the local legislation applicable in\nthe territory in which the User is placing the order.\nThis clause will apply in exactly the same way to any other similar product and/or service ordered by a User\nthrough the Platform that is reserved for over-18s under the current legislation.\nSimilarly, in those cases and cities in which the sale and/or delivery of alcoholic drinks is restricted during a\nparticular time slot, it is the User’s responsibility to place orders only during the times allowed under the\napplicable legislation. Glovo reserves the right to refuse the order for the purchase and/or delivery of alcohol\noutside the permitted times.\n14. Products from Pharmacies\nIn accordance with the current legislation, Glovo does not sell or advertise medicines for human use through the\nPlatform. Mandataries act as agents of those Users who order, through the Platform, non-prescription drugs for\nhuman use for collection.\nIn any event, Glovo guarantees to Users the availability of a pharmacist’s advice before ordering their medication.\nFor this purpose, Glovo has included a SPECIAL REQUEST box so that, in the event of doubt, the User can\nconsult the pharmacist who is to dispense the product(s) through the Platform, all this in order to ensure that the\nPharmacist can dispense the correct product.\nIn any event, Glovo will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or\nbe liable for the amounts and/or condition of the products dispensed at pharmacies.\n In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the\nlatter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in\nany event be subject to the User’s express and unambiguous authorisation in accordance with the applicable\ndata protection legislation.\nGlovo makes available to all Glovo Users on the Platform the medicines’ official data sheets published by the\nSpanish Agency for Medicines and Medical Devices (Agencia Española de Medicamentos y Productos\nSanitarios) of the Ministry of Health, Social Policy and Equality (Ministerio de Sanidad, Política Social e\nIgualdad).\n15. Policy on the Delivery of Restricted Items\n\nNon-Exhaustive List of Examples:\n \n \nAlcohol and Tobacco Products\nDeliveries of alcohol and tobacco products may be\nlimited or restricted in certain countries and/or\ncities in which the Platform operates.\nAnimals and Regulated Species\nAnimal parts or fluids; banned seeds, harmful\nplants; regulated plants or other organisms\n(including their by-products) which are\nendangered or whose trade is regulated by law as\napplicable in any case.\nChild pornography\nPornographic material involving children or\ncontent that may be perceived as erotic\npaedophilia.\nCopyright on Software and Media\nUnauthorised copies of books, music, films and\nother protected or licensed materials, including\nproperly referenced copies; and unauthorised\ncopies of software, video games and other\nprotected or licensed materials, including from\nOEMs or other products that cause unsolicited\nmessages to be sent.\nCounterfeits and unauthorised products\nCopies or imitations of designer products or other\ngoods; items belonging to celebrities that would\nusually require authentication; false autographs;\nforeign currency; stamps; tickets; or other\nunauthorised goods.\nDevices or tools for overcoming security\nmeasures\nModems, chips or other devices for dismantling\ntechnical protection measures as well as on digital\ndevices, including for unlocking iPhones.\nDrugs\nControlled substances, narcotics, illegal drugs and\ntheir paraphernalia, including psychoactive and\nvegetable drugs such as psychedelic mushrooms,\nas well as materials promoting their use; or legal\nsubstances such as plants and herbs presented in\na form that suggests they should be ingested,\ninhaled, extracted or used in any other way that\nmay result in the same use as an illegal\nsubstance, drug or component or that claims to\nhave unproven health benefits.\nGambling and Betting\nLottery tickets, bets, online betting site\nmemberships/registrations, and related content.\nPermitted promotion of physical casinos.\nProducts Sold in Pharmacies\nDeliveries of pharmaceutical products may be\nlimited or restricted in certain countries and/or\ncities in which the Platform operates. Prescription\ndrugs may not be ordered/delivered. OTC (over-\nthe-counter) medicines, ancillary medical devices,\nas well as any other products for hygiene, nutrition\nor similar for human use sold in pharmacies are\nsubject to the mandate given by the User to the\nMandatary and to what the pharmacist may deem\nappropriate.\nMaterials for hacking and cracking\nManuals, guides, information or equipment that\ninfringes the law by damaging or fraudulently\nfacilitating access to software, servers, websites\nor other protected property.\nHuman Body\nOrgans or other body parts; body fluids; stem\ncells; embryos.\nStolen or illegal goods\nMaterials, products or information that promotes\nillegal goods or facilitates illegal acts; goods not\nbelonging to a person or which a person has no\nright to sell; goods produced in violation of third-\n\nparty rights; goods infringing import, export or\nlabelling restrictions; motor vehicles that are\nsubject to transfer restrictions. You (the Glovo\nUser) are solely and fully responsible for checking\nthat all items are genuine and legal.\nIllegal telecommunications equipment\nDevices aimed at obtaining satellite signals\nwithout payment, illegal products for modifying\nmobile phones and other equipment.\nOffensive goods\nGoods, literature, products or other materials that:\n• Are defamatory of any person or group of\npeople based on their race, ethnic origin or\ncountry of origin, religion, gender or any other\nfactor.\n• Are defamatory of any person or group of\npeople who are protected from defamation by the\napplicable law (e.g. the royal family in some\njurisdictions).\n• Praise or incite the commission of violence.\n• Promote intolerance or hatred.\n• Promote or support membership of terrorist\ngroups or other organisations that are prohibited\nby law.\n• Are contrary to public morals.\nOffensive goods related to a criminal offence\nPhotographs of, or objects from, a crime scene,\nsuch as personal belongings, associated with\ncriminals or criminal acts.\n \n \nCulturally protected artefacts\nMaterials covered by the 1970 UNESCO\nConvention on the Means of Prohibiting and\nPreventing the Illicit Import, Export and Transfer of\nOwnership of Cultural Property or other goods\nwhose sale, export or transfer is restricted by law;\nArtefacts, cave formations (stalactites and\nstalagmites);\nPyrotechnic devices and dangerous substances\nrequiring special permission\nPyrotechnic items and related goods in markets in\nwhich their supply is regulated, as well as\nsubstances such as petrol or propane.\nTraffic-related devices\nRadars, number plate covers, illegal traffic-\nmodification devices and related products.\nWeapons\nFirearms, ammunition and other items including,\nwithout limitation, firearms, knives that are either\nundetectable or easy to conceal, martial arts\nweapons, silencers, ammunition or ammunition\nmagazines.\nMoney and Foreign Currency\nForeign currency or currencies insured with\nprecious metals, as well as banknotes, coins or\nany other valuable securities.\nPrimary and Secondary Schools / Use by\nchildren\nWe reserve the right to refuse orders from users\nwho are minors. In addition, we reserve the right\nto refuse orders at any location near a primary or\nsecondary school, as well as to ask for sufficient\nproof of age.\nMisuse of the platform / Abuse\nWe will not tolerate the use of abusive language or\nabusive attitudes towards our company or\nfreelance workers.\n16. Solidarity at Glovo\n\nGlovo collaborates with various institutions, corporate groups and non-governmental organisations in charitable\nand solidarity projects, donation campaigns and non-profit campaigns in some of the countries in which it\noperates (subject to applicability in each country). GLOVO acts as an intermediary in the organisation of such\ncampaigns and projects, based solely on its good faith and its wish to contribute to social initiatives.\nGlovo accepts no liability for the final use or outcome of such campaigns. Neither does it give any security or\nguarantee, or accept any legal liability, or have any control over, how donations are used by the above-mentioned\nestablishments.\n17. Geolocation\nGlovo may collect, use and share exact location data, including the real-time geographic location of the User’s\ncomputer or mobile device, provided that this is authorised by the User. The said location data may be collected\nand used by Glovo to show Users the location of the point of origin and/or destination of an assignment. In this\nregard, Users expressly consent to their geolocation data being shared with other Users and Suppliers in order to\nsuccessfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on\ntheir devices as provided in the Data Privacy Policy.\nThe User shall be responsible for entering the correct addresses for collection and delivery. In this regard, Glovo\nwill accept no liability for errors or omissions in the provision of such addresses by the User.\n18. The User’s Obligations\nUsers are fully responsible for the proper use of, and access to, their profile and other Platform contents in\naccordance with the current legislation, be it national or international, of the Country from which they are using\nthe Platform, as well as with the principles of good faith, morals, generally accepted customs and public order.\nSpecifically, they undertake to diligently comply with these General Terms of Use.\nUsers are responsible for correctly entering their individual usernames and passwords, which are non-\ntransferable and must be sufficiently complex, and for not using the same username and password as on other\nplatforms, all this in order to protect their account from fraudulent use by third parties not belonging to the\nPlatform.\nUsers shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results\nthat harm third-party rights and interests or that may in any way damage, disable, affect or impair the Platform\nand its contents and services. In addition, they are prohibited from hindering other Users’ normal use or\nenjoyment of the Platform.\nGlovo may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any\nopinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of\ntheir issuers.\nAny persons who breach the above obligations shall be liable for any loss or damage caused by them. Glovo will\naccept no liability for any consequences, loss or damage that may arise from such illegal use or access by third\nparties.\nIn general, Users undertake, by way of example without limitation:\nTo refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other\nway tampering with, its functions or services;\nTo refrain from infringing industrial and intellectual property rights or the personal data protection\nlegislation;\nTo refrain from using the Platform to insult, defame, intimidate or harass other Users or attack their image;\n- To refrain from accessing other Users’ e-mail accounts;\nTo refrain from introducing computer viruses, corrupted files or any other software that may cause damage\nor alterations to Glovo’s or third parties’ contents or systems;\nTo refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’\ne-mail addresses without their consent;\nTo refrain from advertising goods or services without Glovo’s prior consent.\nAny User may report another User if he/she believes that the latter is in breach of these General Terms of Use.\nSimilarly, any User may inform Glovo of any abuse or infringement of these terms through the Contact Form.\nGlovo will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving\nthe right to remove and/or suspend any User from the Platform for breach of these General Terms of Use.\nFurthermore, Glovo reserves the right to remove and/or suspend any message with illegal or offensive content\nwithout the need for a prior warning or subsequent notification.\n\n19. De-registration by Users\nUsers may de-register from the Platform using the Contact Form on the Platform.\n20. Glovo’s Responsibility\nUsers are responsible for having in place the necessary services and equipment to browse the Internet and\naccess the Platform. Users can report any incidents or problems accessing the Platform to Glovo using the\ncontact channels made available to Users, and Glovo will analyse the incident and instruct the User on how to\nresolve it as quickly as possible.\nGlovo does not control, and is not responsible for, the contents uploaded by Users through the Platform, and\nUsers are solely responsible for the lawfulness of such contents.\nGlovo will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet\naccess service, or Internet interruptions or for any other matters beyond its control.\nGlovo accepts no liability for any security errors that may arise or for any damage that may be caused to the\nUser’s computer system (hardware and software), or to the files or documents stored therein, as a result of:\nThe presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s\ncontents and services;\nA malfunction of the browser;\nThe use of outdated versions thereof.\n21. Liability for Contents\nGlovo does not control (and is under no obligation to control) how Users use the Platform. It therefore does not\nguarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or\nprudent manner. Glovo does not check (and is under no obligation to check) the identity of Users or the\ntruthfulness, current validity, completeness and/or authenticity of the data supplied by them.\nGlovo will not check the products sent or delivered through orders on the Platform. Both the User and the\nMandatary therefore release Glovo from any liability that might arise from the availability and/or transport of\nproducts requiring specific permissions or licences, or of products forbidden by any applicable legislation, as\ndescribed (by way of example without limitation) in Clause 15 above. If Glovo becomes aware that the User\nand/or the Mandatary is/are using the Platform to transport prohibited products, Glovo may launch an internal\ninvestigation to ascertain the facts, take any legal action that may be necessary and/or block the User or\nMandatary in question until any potential investigation has been completed. The measures available to Glovo\ninclude providing the authorities with data and information on the Users and Mandataries.\nGlovo rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to\nthe information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete\nand/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a\nUser impersonating a third party in any kind of communication made through the Platform. In particular, Glovo\naccepts no responsibility for the use of the Platform or for any orders that may be made by a third party from the\nUser’s account.\nNotwithstanding the foregoing, Glovo reserves the right to fully or partly restrict certain Users’ access to the\nPlatform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable\ntechnological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or\nharmful to a third party’s rights or property. In this regard, Glovo may establish any filters that may be necessary\nto prevent the service from being used to upload unlawful or harmful content to the Internet. By making content\navailable through the Platform, Users assign to Glovo all exploitation rights arising from the contents thus\nsupplied.\n22. No Warranty in Assignments or Payments\nGlovo gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement\nof third-party rights by Mandataries. In this regard, Users state that they understand that GLOVO is a technology\nplatform whose main activity is intermediation; in other words, it puts Users and Mandataries in contact with each\nother; and that it therefore accepts no liability arising from the information provided by Mandataries or for any loss\nor damage that may potentially be suffered by them due to a breach of these General Terms of Use. When an\norder is placed on the Platform and accepted by the Mandatary, a direct relationship is established between the\nUser and the Mandatary. Glovo is not a party to this relationship and merely provides the Platform to enable the\nParties to communicate and place as many orders as may be necessary. Glovo will therefore never be liable for\nthe availability of Mandataries or for their adequate and satisfactory performance of assignments.\n\nGlovo makes no assertions or confirmation regarding any Mandataries or their identity or background information.\nNotwithstanding the foregoing, Glovo may potentially carry out additional checks and put into motion procedures\ndesigned to help check or verify the identity of Mandataries. In this regard, when a User achieves Mandatary\nstatus, this simply indicates that the said User has completed the relevant registration process and has accepted\nthese General Terms of Use and any other specific terms that may apply to him/her. Such status implies neither\ncertification nor endorsement by Glovo as to such User’s reliability, suitability and/or safety.\nGlovo therefore recommends that Users always use common sense and remain alert when delegating an\nassignment to a particular Mandatary.\nBy becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising\nfrom actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third\nparties, and that no actions for liability may be taken against Glovo.\n23. Updates and Changes to the Platform\nGlovo reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any\ntime and without prior notice. Users must carefully read these General Terms when accessing the Platform. In\nany event, acceptance of the General Terms is an essential step to be taken before accessing the services and\ncontents available through the Glovo Platform.\nIn addition, Glovo reserves the right to update, amend or delete the information contained on its Platform, at any\ntime and without the need for prior notice, with regard to its layout, presentation and access conditions, without\nthereby accepting any liability in relation thereto. Glovo does not guarantee the absence of errors or interruptions\nwhen accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing,\nGlovo shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such\nerrors, restore communication and update contents as soon as it becomes aware of the errors or disconnection\nor of the contents being out of date.\n24. Intellectual Property\nGlovo is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as\nof the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the\ntext, images, graphic design, navigation structure, information and contents included therein, are the property of\nGlovo, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights\nof reproduction, distribution, publication and transformation, in accordance with the Spanish legislation on\nintellectual and industrial property rights.\nIn spite of the foregoing, Glovo may not be the owner or licence holder of content such as names or images,\namong others, of companies with which Glovo does not have a business relationship. In such cases, Glovo\nacquires the content from publicly available sources, and Glovo shall in no event be deemed to be related to any\nright belonging to Glovo.\nAuthorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial\nassignment by Glovo of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering\nwith the contents of the Glovo Platform are all prohibited. In addition, modifying, copying, reusing, exploiting,\nreproducing, publicising, making second or subsequent publications of, uploading files, sending by post,\ntransmitting, using, processing or distributing in any way all or some of the contents included in the Glovo\nPlatform for public or commercial purposes are also prohibited, save with Glovo’s express written authorisation\nor, where applicable, that of the owner of the rights concerned.\nAny User who shares any content of any kind through the Platform asserts that he/she has the necessary rights\nto do so, releasing Glovo from any liability regarding the content and lawfulness of the information supplied. By\nproviding content through the Platform, Users assign to Glovo, free of charge and to the maximum extent\npermitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from\nsuch content.\n25. Severability\nIf any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s)\nshall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void,\nand these shall remain valid and effective between the Parties.\n26. Applicable Law\nThe relationship between Glovo and the User shall be governed and construed in accordance with the General\nTerms, whose construction, validity and enforcement shall be governed by Spanish law; and any disputes shall\n\nbe submitted to the Courts of Barcelona unless the User requests that they be submitted to the courts applicable\nto his/her home address.\n27. Alternative Dispute Resolution\nAny disputes or disagreements arising outside the European Union shall be submitted to the Spanish Court of\nArbitration of the Chamber of Commerce.\n \n Specific Terms and Conditions of “GLOVOPRIME”\nThese terms and conditions shall apply to those Users who request a GLOVOPRIME subscription. These Terms\nand Conditions do not replace the application’s “General Terms of Use and Contracting”; in any event, they\nsupplement them and may be modified and extended by Glovo at any time.\n1. What is GLOVOPRIME?\nGLOVOPRIME is a service provided by the Glovo Platform under which, in exchange for a fixed monthly fee,\nUsers of the platform can enjoy unlimited deliveries of all those products ordered by them from delivery people,\nprovided that the GLOVOPRIME logo expressly appears on the Platform of the store in which they are offered, at\nno additional cost to the above-mentioned fixed monthly fee.\nGLOVOPRIME will not apply to any stores or services that do not have the GLOVOPRIME logo at the time of\nplacing the order. The GLOVOPRIME service may be used provided that the provisions of these Terms and\nConditions are complied with.\n 2. Registration Process\nIn order to register for the GLOVOPRIME service, you must have a current active Glovo account, be of full legal\nage and ask to register for GLOVOPRIME through the “My Account” section of your personal Glovo User profile.\nThe GLOVOPRIME service is activated through the following process:\nAfter accessing the sections entitled “my account” and “GLOVOPRIME”, you must select the “Register and\npay” section and pay the above monthly fee.\nThe payment date will be the GLOVOPRIME subscription start date (hereinafter “the Activation Date”), and\nthe subscription will be valid for a one-month period. On the Activation Date, Users who have registered for\nthis service will receive an e-mail with confirmation of their registration at the address provided by them in\ntheir GLOVO account.\nAfter the Activation Date, you may use the GLOVOPRIME service for 30 calendar days, for a one-month\nperiod.\n \nUsers will find all the information relating to their GLOVOPRIME subscription in the “My Account” section\nof the application. Here, they can check the remaining time of their Free Trial Period, where applicable, as\nwell as, among other things, cancel their GLOVOPRIME subscription or update their payment method in\naccordance with Clause 10 hereof.\n \n 3. Subscription Period\n3.1. The GLOVOPRIME subscription period shall have a duration of one month up to the day immediately before\nthe equivalent date on the following month (hereinafter, the “Subscription Period”), starting on the Activation Date\nand renewed every month unless the User cancels the subscription. Thus, if the Activation Date is 10 October,\nthe Subscription Period will be renewed on 10 November.\n3.2. By accepting these terms and conditions, Users acknowledge that the GLOVOPRIME subscription will be\nRENEWED AUTOMATICALLY AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY\nCHARGED to the account designated by them.\n3.3. If you do not want the subscription to be renewed automatically and you therefore wish to cancel the\nGLOVOPRIME service, you may exercise the right of withdrawal at any time, as stipulated in the following\nclause, provided that you inform Glovo at least two business days prior to the renewal date. If you fail to comply\nwith this notification requirement, you will have to pay the subscription fee for the following month.\n\n 4. Right of Withdrawal\n4.1. If you wish to exercise the right of withdrawal during the GLOVOPRIME Subscription Period, you must\naccess your account profile and select “unsubscribe”.\n4.2. The account will be deactivated at the end of the Subscription Period. This means that you can continue to\nuse your GLOVOPRIME account, after completing the “unsubscribe” process until the day immediately preceding\nthe equivalent date of the Activation or Renewal Date on the following month.\n4.3. In order to avoid being charged the fee, you must exercise the right of withdrawal at least two (2) business\ndays before the subscription renewal date.\n4.4. Payments are not refundable, and neither refunds nor credits will be given for unused or partly used\nmembership periods during a one-month period. Neither will we grant refunds or credits for partial monthly\nsubscription periods.\n4.5. If you have unsubscribed from the service but wish to continue with it, you may re-register to renew your\nGLOVOPRIME subscription in accordance with these terms and conditions.\n 5. Service Fees\n5.1. The GLOVOPRIME fee shall be the amount set forth in the commercial offer or in the “My Account” section,\nunless the User has been granted a free GLOVOPRIME trial period pursuant to Section 10 “Free Trial Period”\nhereof.\n5.2. The GLOVOPRIME fees stated are inclusive of any indirect taxes that may apply.\n5.3. The fee shall be charged automatically on a monthly basis on the Activation Date, to the account designated\nby each User on the Activation Date, for a one-month period.\n5.4. Users may use GLOVOPRIME even in territories in which the product/order is paid for in cash, without this\naffecting the service in any way.\n5.5. Glovo reserves the right to change the fees at any time after informing its subscribers. Once such notification\nhas been given, Glovo may charge the new rates.\n 6. Specific Terms of the Service\nThe following specific terms shall apply to the GLOVOPRIME service:\nThe GLOVOPRIME service shall only apply to purchases carried out in person by means of a delivery\nperson / courier, at establishments with which Glovo has a commercial agreement, for amounts of over\n€10.00 for restaurant orders, or over €20.00 for supermarket orders, or their equivalents in the legal\ncurrency of the country in which the service was activated.\nGLOVOPRIME may only be activated in some of the countries in which GLOVO operates.\nThe GLOVOPRIME subscription fee will only apply in the country from which the GLOVOPRIME\nsubscription was activated. In other words, if the subscription was activated in Spain and the User is\ntravelling in Italy, the GLOVOPRIME subscription fee will apply solely and exclusively in Spain, and not in\nItaly.\nIt will only be available for individuals and for private, non-commercial use.\nUnder no circumstances may the subscription be shared with, or assigned to, any persons other than its\nholder, and companies and the “B2B” service are expressly excluded from the service.\n 7. General Terms of Service\n7.1. The flat monthly fee covers only the price of collection and delivery, not the price of any products that may be\nordered by Users.\n7.2. Glovo may amend these terms and conditions of GLOVOPRIME unilaterally and at any time by giving prior\nnotice to the subscribers of the GLOVOPRIME service. Such amendments shall apply to those private individuals\nwho are active on the Platform as well as, where applicable, to first-time users thereof.\n7.3. GLOVOPRIME subscriptions are for exclusive and non-transferable use by their duly identified Users, and\ntheir use may under no circumstances be transferred to third parties. \n7.4. Glovo reserves the right to cancel the accounts of GLOVOPRIME subscribers, as well as to deactivate the\nservice, after giving prior notice to its subscribers.\n\n7.5. It is expressly stated for the record that, with the exception of the special terms and conditions set forth\nherein, the General Terms and Conditions of the Glovo Platform shall always apply in addition to, and in relation\nto any matters not modified by, these special terms and conditions.\n 8. Fraud and Freezing of Accounts\nShould Glovo detect any signs of misuse or inappropriate and/or fraudulent use of the GLOVOPRIME account, it\nmay automatically and without prior notice deactivate the subscription, as well as, in addition and at any time, the\nUser’s account, reserving the right to take any legal action based on the seriousness of the circumstances under\nconsideration. In addition, GLOVO reserves the right to cancel the service and subscriptions at its sole discretion\nby giving prior notice to Users.\n 9. User Assistance Service\nGlovo will make available to all Users an appropriate Contact Form for any incidents relating to the\nGLOVOPRIME service.\n 10. Free Trial Period\n10.1. Glovo may at its discretion provide the GLOVOPRIME service free of charge for as long as it deems\nnecessary.\n10.2. At the end of the Free Trial Period, Users will in any case be automatically required to pay the fee and to\ncomply with the same terms and conditions as those applicable to all other GLOVOPRIME Users.\n10.3. If the GLOVOPRIME subscription is cancelled, either by accident or for any other reason, before the end of\nthe relevant Free Trial Period, the free trial offer shall be deemed to have been completed and a new free trial\nperiod will not be offered in any event.\n10.4. Glovo reserves the right to randomly choose the Users to whom it offers the Free Trial Period or, where\napplicable, other promotions related to the service.\n 11. Applicable Law\nThe relationship between Glovo and each GLOVOPRIME subscriber shall be governed by, and construed in\naccordance with, these Terms and Conditions, whose construction, validity and enforcement shall be governed\nby Spanish law; and any disputes shall be submitted to the Courts of Barcelona unless the User requests the\ninvolvement of the courts applicable to his/her home address. \nSpecific Terms and Conditions of “PICK-UP” and “IN-STORE” ORDERS\nUsers have the option of ordering, through the PICK-UP and/or IN-STORE option(s), a selection of products\nand/or services offered by certain establishments with which Glovo has a commercial agreement in place.\nThe PICK-UP and IN-STORE services enable Users to physically collect orders from food establishments\nthemselves.\nThese services will only be available through those establishments for which this option has been enabled and in\nthe countries selected by Glovo. Furthermore, such services will only be available to private individuals, and only\nfor their own private use. They may in no event be offered for commercial use.\nWithout prejudice to the additional application of the General Terms and Conditions of the Glovo Platform to all\nmatters not expressly envisaged in this section, the PICK-UP and IN-STORE services may only be used if the\nspecific provisions set forth in this section are fulfilled.\nGlovo shall make the Contact Form that can be found on the Platform available to all Users for any incidents\nrelating to the PICK-UP and/or IN-STORE service.\nGlovo may amend these Terms and Conditions for PICK-UP and IN-STORE orders unilaterally at any time by\ngiving prior notice to Users of the Glovo Platform. Furthermore, GLOVO may enable further features relating to\nthe PICK-UP and/or IN-STORE service, in which case it will inform Users and add the new features to these\nterms and conditions.\nOnce the changes have been published, they will apply to all those Users who use the Platform.\nIN-STORE Orders\n\nWhere so enabled for IN-STORE orders in the application, Users may place orders directly from those\nrestaurants that have chosen to include this option and pick them up in-store at that moment.\nHow does the IN-STORE service work?\n1. To use the IN-STORE service, Users must scan the QR code that will be displayed in a publicly visible\narea of each establishment’s premises.\n2. Once the QR code has been scanned, it will link to the menu of the restaurant where the User is located,\nso that he or she can place the order. The User will be able to select the items from the desired restaurant\nor store and confirm the purchase through the IN-STORE option.\n3. If the QR code cannot be scanned due to any kind of error or defect, the User can check whether the order\ncan be placed by searching for the restaurant on their device directly from the Glovo Platform.\n4. Once the order has been confirmed in accordance with the payment method enabled for this purpose, it\nmay only be cancelled through the Platform before the restaurant or establishment has agreed to prepare\nit. If a User later wishes to change an order or the restaurant delays in its preparation, he/she must contact\nthe managers of the restaurant in question directly.\n5. Once the order has been confirmed, the order number will appear on the screen of the User’s device, and\nthis must be shown to the staff of the establishment when collecting it.\n6. The price of orders placed through the IN-STORE option will not include the additional delivery cost.\n7. Promotional codes may not be used for orders placed using the IN-STORE service.\nPICK-UP Orders\nWhere so enabled for PICK-UP orders in the application, Users may place orders directly from the Platform at\nthose establishments that have chosen to include this option and pick them up in-store within the times stated.\n1. In order to be able to use the PICK-UP service, Users must select this option on the Platform for the\nestablishments for which it is available, together with the products that they wish to buy at those\nestablishments, and confirm the order on the Platform itself.\n2. Once the order has been confirmed in accordance with the payment method enabled for this purpose, it\nmay only be cancelled through the Platform before the restaurant or establishment has accepted and\nstarted to prepare it. If a User later wishes to change an order or the restaurant delays in its preparation,\nhe/she must contact the managers of the restaurant in question directly.\n3. Once the order has been confirmed, the order number will appear on the screen of the User’s device, and\nthis must be shown to the staff of the establishment when collecting it.\n4. The price of orders placed through the PICK-UP option will not include the additional delivery cost.\n \nTERMS AND CONDITIONS OF THE FOOD RESCUE SERVICE\nThese terms and conditions shall apply to those Users who place a FOOD RESCUE order using the Glovo\napplication. These Terms and Conditions do not replace the application’s “General Terms of Use and\nContracting”; in any event, they supplement them and may be modified and extended by Glovo at any time. The\nGeneral Terms and Conditions of Use and Contracting shall apply to everything not expressly provided for in\nthese specific Terms and Conditions of the FOOD RESCUE service.\nWhat is FOOD RESCUE?\nFOOD RESCUE is a service provided on the Glovo Platform under which Users can place orders on the excess\nfood and other products of the food establishments appearing on the Glovo Platform.\nUsers acknowledge that Glovo has launched this project with the name “FOOD RESCUE” with the main aim of\nreducing food waste. Specifically, the project involves making an option available to Users on the Glovo Platform\nunder which they may order from the establishments indicated on the Platform, at reduced prices, food pack(s)\nthat could not be sold during the day and whose exact content will not be disclosed to Users at the time of\nordering (hereinafter, “food pack(s)\", “Products” or “Mystery Box”).\nBy placing a FOOD RESCUE order, Users accept these Terms and Conditions.\nService\nGlovo will merely facilitate the conclusion of a contract between the User and the Establishment. It has no\nresponsibility whatsoever for the content of the food pack or for the fulfilment of the contract between the\nEstablishment and the User.\n\nThe User may order the products of the establishments appearing on the Glovo Platform through the said\nPlatform.\nGlovo is not responsible for the fulfilment of the contractual obligations to the User with regard to the Products,\nincluding the manufacture, sale, purchase, storage, preparation, production, processing, labelling, quality,\ningredients, allergens or treatment of the Products, or for compliance with the applicable law, unless Glovo is\nexpressly mentioned as the manufacturer or seller of the Product on the Platform.\nUsers will be able to find on the Platform, at reduced prices, food pack(s) that could not be sold during the day\nand whose exact content will not be disclosed to Users at the time of ordering. Responsibility for providing\ninformation on the Products and ensuring that such information is objectively accurate and up to date shall lie\nwith the Establishments. Glovo accepts no liability for the information provided by the Establishments or,\ntherefore, for the content of the Products or the availability of the information relating thereto.\nGlovo accepts no liability for any adverse reactions that may be suffered by Users as a result of the Products for\nany reason whatsoever, including their consumption against the indications on the label or the information\nprovided directly by the Establishment. The Establishment is the party that manufactures, sells, stores, prepares,\nproduces, processes, labels, packages and treats the Products, and Glovo therefore accepts no liability for any\ndamage or adverse reaction that may be caused by such products.\nOrder Collection\nUsers may choose between two options when making a FOOD RESCUE order:\nCollection from the establishment. In such cases, Users must physically collect their FOOD RESCUE order from\nthe Establishment indicated on the Glovo Platform. This enables Users to physically collect orders from food\nestablishments themselves.\nHome delivery. In such cases, Users will receive their order, which will be collected by a Mandatary from the\nspecified Establishment, at the delivery address provided by the Users on the Glovo Platform.\n \n \n ANNEX I - DETAILS OF GLOVO’S AFFILIATED COMPANIES\nITALY\nCompany name\nFoodinho, S.R.L.\nTax Identification Number (NIF) or other tax\nnumber\n09080990964\nRegistered address\nPiazza Città di Lombardia n. 1, 20124,\nMilano, Italy\n \nPORTUGAL\nCompany name\nGlovo Portugal Unipessoal LDA\nTax Identification\nNumber (NIF) or other\ntax number\n61010-R3\nRegistered address\nRua Sousa Martins, nº 15, 5º andar, 1050-217,\nfreguesia de Arroios, Lisboa / Portugal\n \n*Se o Utilizador quiser efectuar uma reclamação online\npoderá acessar o link\n(https://www.livroreclamacoes.pt/inicio) ou entrar em\ncontacto diretamente no Chat do App\n \nROMANIA\n\nCompany name\nGlovoappRo, S.R.L.\nTax Identification Number (NIF) or other tax\nnumber\n39053728\nRegistered address\n41C Drum intre Tarlale street, 2nd floor,\nroom 64, district 3, Bucharest\n \nMOROCCO\nCompany name\nGlovoapp Morocco sarl\nTax Identification Number (NIF) or other tax\nnumber\n26046117\nRegistered address\nRue Soumaya Résidence Shehrazade 3,\n5ème étage, n° 22 Palmiers 20340 -\nCasablanca.\n \nGEORGIA\nCompany name\nGlovoapp Georgia Llc\nTax Identification Number (NIF) or other tax\nnumber\n402099475\nRegistered address\n129a Aghmashenebeli Ave, Tbilisi 0102,\nGeorgia\n \n \nUKRAINE\nCompany name\nGlovoapp Ukraine LLC\nTax Identification Number (NIF) or other tax\nnumber\n42555522\nRegistered address\n44 street Bogdan Khmelnitskyi,\nShevchenkivskyi district, Kyiv, 01030\n \nCROATIA\nCompany name\nGlovoApp Technology d.o.o.\nTax Identification Number\n48879371584\nRegistered address\nUlica Baruna Trenka, 10 000, Zagreb,\nCroatia\n \nKAZAKHSTAN\nCompany name\nGlovoapp Kazhastan LLP\nTax Identification Number (NIF) or other tax\nnumber\n1-90640018883\nRegistered address\n \nContact\n139 Luganskogo street, room 303\n050051/A05B8C7, Almaty, Medeu District.\[email protected]\n87272643068\n\n \nSERBIA\nCompany name\nGlovoApp Technology d.o.o. Beograd\nTax Identification Number (NIF) or other tax\nnumber\n111507569\nRegistered address\nRuzveltova 48, 11000 Beograd, Srbija, ulaz\niz Stjepana Ljubiše\n \nKYRGYZSTAN\nCompany name\n“GLOVO KG” LLC\nTax Identification Number (NIF) or other tax\nnumber\n02109202010145\nRegistered address\nErkindik 64B, office 18, Bishkek, Kyrgyzstan\n \nUGANDA\nCompany name\nGlovo Uganda Limited\nTax Identification Number (NIF) or other tax\nnumber\n1017265563\nRegistered address\n26 Kyadondo Road, Nakasero, Kampala P\nO Box 1520\n \nMOLDOVA\nCompany name\n GlovoAppMOL SRL\nTax Identification Number (NIF) or other tax\nnumber\n1020600034411\nRegistered address\nVlaicu Pircalab St 77- Chișinău 2012,\nMoldova\n \nCOTE D’IVOIRE\nCompany name\nGlovoapp Cote D´ivoire sarl\nTax Identification Number (NIF) or other tax\nnumber\n53703324719\nRegistered address\nCocody Ambassades - Rue Viviane, 08 BP\n2815 Abidjan 08, Côte d’Ivoire\n \nKENYA\nCompany name\nGlovapp Kenya, Llc\nTax Identification Number (NIF) or other tax\nnumber\nP051739866F\nRegistered address\nThe Mirage, Tower 3, 1st Floor, Suite 1,\nNairobi\n \nPOLAND\n\nCompany name\nPartner Polska Sp. z o.o. spółka z\nograniczoną odpo-wiedzialnością\nTax Identification Number (NIF) or other tax\nnumber\n7252012779\nRegistered address\nPiotrkowska 276, 90-361 Łódź, Poland\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nANNEX II - AVERAGE COST OF CANCELLATION BY COUNTRY (IN LOCAL\nCURRENCY)\n \nIvory Coast\n1000\nSpain\n3.59\nGeorgia\n30\nCroatia\n8.90\nItaly\n3.56\nKenya\n1.5\nKyrgyzstan\n90\nKazakhstan\n2087.83\nMorocco\n51.53\nMoldova\n15\nPoland\n504.68\nPortugal\n3.60\n\nRomania\n5\nSerbia\n150\nUkraine\n300\nUganda\n10,000\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Krakowskie Smaki","url":"https://krakowskiesmaki.pl/en/regulamin","lang":"ENG","sector":"Food","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Free","date":""},"document":{"title":"","text":"Terms and conditions of using portal KrakowskieSmaki.pl\nI General conditions\n1.1. The owner and administrator of the portal is KrakowskieSmaki.pl:\n\nFHU MITON\n\nul. Wąwozowa 34 B\n\n31- 752 Kraków\n\nNIP: 663-147-24-50\nII The execution of the order\n2.1 The aim of portal KrakowskieSmaki.pl is to receive customer orders for dishes offered by restaurants\nwhich cooperate with the portal KrakowskieSmaki.pl. Their offer is posted on the given portal and the orders\nfrom the customers are sent to the cooperating restaurants. Afterwards, the restaurants prepare the dishes and\nthen they are delivered to the customers by KrakowskieSmaki.pl.\n\nThe purpose of KrakowskieSmaki.pl is to provide a simple and convenient service to you, showing you the\noffer of the partner restaurants and menu of their choice and allowing you to order meals from them.\nKrakowskieSmaki.pl markets meals on behalf of the partner restaurants, concludes orders on their behalf and\ndelivers the meals to you. The customers of KrakowskieSmaki.pl must be natural persons who are aged 18 or\nover, have full legal capacity, may in their own name, acquire rights and incur obligation.\n\nIn the event of a ficticious or false order, in particular through the use of false data or unauthorized use of\nanother person's credentials, the owner of the portal KrakowskieSmaki.pl has the right to submit\na notification to the appropriate law enforcement agencies.\n\n2.2 Customers can place orders at their choice:\n\na) by telephone at the number indicated on the portal KrakowskieSmaki.pl,\n\nb) electronically, via the order form given on the portal KrakowskieSmaki.pl\n\nc) electronically, via the customer panel, to which customers gain access after creating a user account on the\nportal KrakowskieSmaki.pl\n\n2.3 To place an order, the customer selects the ordered product, indicates the delivery address, name, phone\nnumber, e-mail and the acceptance of the contract value.\n\n2.4 The partner restaurant is solely responsible for the content of the information published by the partner\nrestaurant on the portal KrakowskieSmaki.pl, in particular, for the description of the partner restaurant, the\nrestaurant's menu, the dishes offered, the information about the conformity of the dishes with customers'\nspecial diets.\n\n2.5 Orders can be submitted every day from noon until 10 p.m., however, individual restaurants may work on\nother days and hours on what the owner of KrakowskieSmaki.pl has no effect.\n\nOrders placed outside of working hours of a particular restaurant cannot be exercised. In this case, the\ncustomer will be informed about it by an appropriate message.\n\n2.6 The customer can place an order on portal KrakowskieSmaki.pl as indicated in section 2.2 of Terms and\nconditions.\n\nIn case of an order placed as indicated in section 2.2 b),c), the customer will receive a summary of the order,\nwhich will be sent to the email given while placing an order.\n\nIn case of an order placed by the customer as indicated in point. 2.2 a), the customer will be informed by\ntelephone of the adoption of this order and at the same time about the fact that the customer has placed an\norder, the order (e.g. dishes and drinks) and the customer's personal details.\n\nWhen placing an order,the customer confirms that he/she is familiar with these terms and conditions and\naccepts them.\n\n\n2.7 After the confirmation of the order, the partner restaurant prepares the ordered dishes which are then\ncollected and delivered to the customer by the driver of the portal KrakowskieSmaki.pl to the address\nindicated by the customer. KrakowskieSmaki.pl makes every effort to make sure that the deadline for\ndelivery was in accordance with the deadline specified in the confirmation of the order.\n2.8 When ordering dishes from more than one partner restaurant causes adding to the account of the amount\nof 5 zł for each extension of the contract for the order of an additional partner restaurant.\n2.9 The minimum amount of the order and the cost of delivery depends on the location of the place to which\nto deliver the order. The areas (zones), where the orders are delivered will be indicated on the portal\nKrakowskieSmaki.pl along with the designation of delivery costs and minimum order amount which would\nbe required to obtain the submission of an order to a particular zone.\n2.10 The owner of the portal KrakowskieSmaki.pl declares that due to the possible occurrence of various\nexternal factors, such as traffic congestion, blackouts, etc., The actual delivery time may be different than the\ntime specified in the order confirmation or in the delivery conditions posted on portal KrakowskieSmaki.pl\nWe will do our best to ensure that the order is delivered by the time specified in the email and webpage. The\ntiming of the order is determined by taking into account the number of orders and the circumstances being\nfaced by the partner restaurants at that time.\n2.11 In case of any delays of the order, the customer will be notified by telephone immediately after the\nportal KrakowskieSmaki.pl receives the information about the delay of the term of the order.\nPortal KrakowskieSmaki.pl reserves the right to publish on the portal KrakowskieSmaki.pl general\ninformation about the possibility of an extension of time for any order during the periods in which there is\na great number of orders on the portal KrakowskieSmaki.pl or partner restaurants.\n2.12 At the time of delivery the driver will give the customer the order and the receipt with the cost of the\norder with an added cost of transportation (transportation cost is included in the terms of delivery).\nIII Eligibility of KrakowskieSmaki.pl and partner restaurant\n3.1 The administrator of KrakowskieSmaki.pl reserves the right to block the possibility of placing orders for\na particular user - this is particularly true of the user who had not received the order made by himself/herself.\n\n3.2 KrakowskieSmaki.pl and partner restaurants reserve the right to refuse an order placed on the basis of\nincorrectly or improperly completed forms or made in violation of this regulation.\n\n3.3 KrakowskieSmaki.pl and partner restaurants reserve the right to refuse the order because of their own\nimportant reasons. The information about a possible refusal will take place by telephone or will be displayed\nin the message KrakowskieSmaki.pl.\n\n3.4 The customers are required to confirm orders placed by telephone - only orders confirmed by the\ncustomer during a telephone conversation initiated by the consultant of KrakowskieSmaki.pl will be\naccepted. Orders placed electronically will not be confirmed unless the time of their execution will be\nconsiderably longer.\n\n3.5 KrakowskieSmaki.pl and partner restaurants reserve the right to verify the customer's data.\n\n3.6 Partner restaurant shall be solely and fully responsible for all activities related to the preparation of the\norder such the method of preparing dishes, the quality of prepared dishes and their ingredients, type and\nquality of packaging used to pack the meals delivered to the customer, etc.\n\n3.7 KrakowskieSmaki.pl and partner restaurant have the right to refuse an order if any of the suppliers of\nsemi-finished products are withdrawn from circulation on the basis of the provisions of the Act of 25 August\n2006 on food safety and nutrition (Dz. U. 2006. No. 171, item. 1225, as amended.).\n\nIV Complaints\n4.1 The customer has the right to lodge a complaint only upon the receipt of the order from the driver.\nV Changes of terms and conditions\n5.1 KrakowskieSmaki.pl may at any time make changes to the terms and conditions and run the new version\nof services.\n\nThe information on the changes of the terms and conditions and the date of their introduction will be posted\non the portal KrakowskieSmaki.pl no later than 7 days before the date of their introduction. The information\nreferred to in the preceding sentence will be placed in the news section of the portal KrakowskieSmaki.pl.\n\n5.2 By accessing our portal or by using our services, the customer indicates that he/she accepts these terms\nand conditions and that he/she agrees to abide by them. If the customer does not agree to these regulations,\nhe/she does not have access to our Site or use our Service.\nVI Personal Details\n6.1 The customer who places the order through KrakowskieSmaki.pl agrees to send their personal details to\nthe e-mail address belonging to KrakowskieSmaki.pl\n\n6.2 KrakowskieSmaki.pl does not store or share any of its customers' data with third parties.\n\n6.3 The basis for the processing of personal details is the consent of the customers, as well as the statutory\nauthorization to process the data necessary for the execution and settlement of services provided by\nKrakowskieSmaki.pl.\n\n6.4 Providing any personal details is voluntary.\n\n6.5 The data provided by the customer during placing the order are used for accounting purposes, contacting\nthe customer within the framework of orders and other activities related to the performance of the customer's\norders. This also includes sharing the data with partner restaurants. These data can be used to verify whether\na person meets the authority required by the rules and regulations of legal terms.\n\n6.6 Contact details can be used to send marketing information to the customer. The user may at any time opt\nout of receiving such information.\n\n6.7 KrakowskieSmaki.pl uses customer's personal details to send relevant information during promotions and\ncompetitions. The customer at any time has the right to opt out of receiving this piece of information.\n\n6.8 Customer's details can be made available to entities such as the judicial authorities or fiscal\nadministration.\n\n6.9 If the customer fails to pay charges or his/her current behavior violated the regulations or applicable law,\nand the personal details are required to explain the circumstances and determine the liability of the customer,\nKrakowskieSmaki.pl reserves the right to retain the personal details until the clarification of mutual claims.\nVII Final Resolutions\n7.1 The Polish courts will have jurisdiction over any claim arising from, or related to, a visit to\nKrakowskieSmaki.pl or use of our services. These terms of use and any dispute or claim arising out of or in\nconnection with them or their subject matter or formation (including non-contractual disputes or claims) shall\nbe governed by and construed in accordance with the Polish law.\n\n7.2 If any of the resolutions hereof shall be deemed a final ruling of the court to be invalid, the remaining\n\nprovisions shall remain in force.\n7.3 Anyone can read these regulations, which are available on the website www.KrakowskieSmaki.pl.\n7.4 In matters not regulated herein, the provisions of current law apply, especially in the particular provisions\nof the Act of 18 July 2002 on electronic services (Dz. U. 2002. No. 144, item. 1204, as amended.) Act of 30\nMay 2014. Consumer Rights (Dz.U.2014 pos. 827 dated 2014.06.24, as amended).\nDefinitions:\n1. Portal KrakowskieSmaki.pl – a system for ordering food at partner restaurants via the Internet or\ntelephone.\n2. Partner restaurant – a natural or legal person engaged in business activities in the form of a catering\nservices and implementing customer orders submitted through the system KrakowskieSmaki.pl\n3. Product – food and ingredients that can be ordered through the web portal KrakowskieSmaki.pl in\npartner restaurants.\n4. Customer – anyone who makes a purchase via portal KrakowskieSmaki.pl\n5. Rules and Regulations – a set of regulations for making orders through KrakowskieSmaki.pl\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Pyszne.pl","url":"https://www.pyszne.pl/en/terms-of-use","lang":"PL","sector":"Food","hq":"Netherlands","hq_category":"EU","is_public":"Indirectly public","is_paid":"Free","date":"03.02.2022"},"document":{"title":"","text":"Ogólne warunki świadczenia usług na rzecz Konsumentów\nNiniejsze „Ogólne warunki świadczenia usług na rzecz Konsumentów” mają zastosowanie do stosunków pomiędzy Sto2\nspółką z ograniczoną odpowiedzialnością z siedzibą we Wrocławiu, przy ul. Rybackiej 9, 53-656 Wrocław, zarejestrowanej\nprzez Sad Rejonowy dla Wrocławia – Fabrycznej we Wrocławiu, VI Wydział Gospodarczy KRS, pod numerem:\n0000344195, NIP: 6152007726, REGON: 021024978 [dalej: Spółka], której przysługują prawa do Platformy a\nKonsumentami. Restauracje odsyła się do „Ogólnych warunków współpracy dla Restauracji”.\n1. Definicje\nOferta: asortyment produktów i usług oferowanych przez poszczególne Restauracje, które mogą być zamówione przez\nKonsumenta za pośrednictwem Spółki (Platformy).\nZamówienie: oświadczenie woli składane Restauracji przez Konsumenta za pośrednictwem Spółki, a konkretniej\nPlatformy na wybraną przez niego Ofertę, skutkujące zawarciem Umowy.\nKonsument: Osoba fizyczna dokonującą z przedsiębiorcą czynności prawnej niezwiązanej bezpośrednio z jej\ndziałalnością gospodarczą lub zawodową, składająca Zamówienie Restauracji za pośrednictwem Spółki, a konkretniej\nPlatformy.\nUmowa: stosunek prawny zawarty pomiędzy Konsumentem a Restauracją na podstawie złożonego Zamówienia\ndotyczący jego realizacji oraz jego dostawy lub osobistego odbioru.\nPlatforma: strony internetowe, aplikacje, narzędzia i inne urządzenia Serwisu www.pyszne.pl oraz jego jednostek\npowiązanych i partnerów handlowych, na których udostępnia się Usługi\nRestauracja: podmiot, prowadzący działalność gospodarczą w zakresie gastronomii, w szczególności przygotowujący\ndania, napoje i podobne produkty, korzystający z usług świadczonych przez Spółkę po zaakceptowaniu przez nią jego\nzgłoszenia rejestracyjnego, w celu zawarcia i opłacenia Umów.\nDane Restauracji: informacje dotyczące Restauracji, w tym, między innymi, dane podmiotu będącego właścicielem\nRestauracji i dane kontaktowe, informacje ogólne, asortyment produktów (dania, przystawki, dodatki do dań i napoje),\nceny poszczególnych produktów (z VAT), logotyp, grafika, obszar dostawy (wraz z kodami pocztowymi), koszty dostawy\noraz minimalne kwoty zamówienia.\nUsługi: Czynności oferowane Konsumentowi przez Spółkę za pośrednictwem Platformy, w tym w szczególności:\npublikacja Oferty, ułatwienie/pośredniczenie przy zawieraniu Umów w tym przekazywanie Zamówień do właściwej\nRestauracji, umożliwienie dodawania ocen, komentarzy i opinii na temat poszczególnych Restauracji oraz ich\nwyświetlania, umożliwienie, z zastrzeżeniem postanowień poniższych, uiszczania online - opłat tytułem realizacji Umów\nna rzecz Restauracji [obsługa płatności].\nKonto: spersonalizowany panel administracyjny Konsumenta dostępny po dokonaniu skutecznej rejestracji i zalogowaniu\nsię przez niego na stronie internetowej www.pyszne.pl – po podaniu ustalonego wcześniej loginu oraz hasła, za pomocą\nktórego to Konsument może korzystać z usług świadczonych przez Spółkę, w tym w szczególności składać zamówienia\nna produkty oferowane przez poszczególne Restauracje.\nNapiwek: dobrowolna kwota zapłacona przez Klienta i przeznaczona dla kuriera dostarczającego Zamówienie.\nSystemy Płatności Online: PayU i Karta płatnicza (Operator płatności - PayU Spółka Akcyjna z siedzibą w Poznaniu, ul.\nGrunwaldzka 182, 60-166 Poznań, zarejestrowana przez Sąd Rejonowy Poznań - Nowe Miasto i Wilda w Poznaniu, VIII\n\nWydział Gospodarczy pod nr KRS: 0000274399), PayPal (Operator płatności - PayPal Polska Spółka z ograniczona\nodpowiedzialnością z siedzibą w Warszawie, ul. E. Plater 53, 00-133 Warszawa, zarejestrowana przez Sąd Rejonowy dla\nm. st. Warszawy w Warszawie, XII Wydział Gospodarczy KRS pod nr KRS: 0000289372), Sofort (Operator płatności -\nSOFORT GmbH z siedzibą w 82131 Gauting, Fußbergstraße 1, Niemcy, Wpisany w Sądzie Rejonowym w Monachium:\nHRB 218675, VAT UE: DE248376956), Android Pay (Operator płatności – Adyen BV z siedzibą w 1011 EB Amsterdam,\nSimon Carmiggeltstraat 6-50, Wpisany w Sądzie Rejonowym w Amsterdamie: CC Amsterdam 34259528, VAT UE:\nNL817154243B01).\n2. Dane Spółki\nDane teleadresowe Spółki działającej pod nazwą ‘Pyszne.pl’:\nSto2 spółką z ograniczoną odpowiedzialnością\nul. Rybacka 9\n\n53-656 Wrocław\nPolska\n\nNIP: 615-200-77-26\nadres e-mail: [email protected]\n3. Zastosowanie i Postanowienia Ogólne\n1. Niniejsze Ogólne warunki świadczenia usług dla Konsumentów [dalej: OWU] mają zastosowanie wyłącznie do Usług\nświadczonych przez Spółkę, za które to ponosi ona pełną odpowiedzialność. Spółka informuje, iż korzystanie z\nPlatformy przez Konsumentów jest usługą świadczoną drogą elektroniczną, w rozumieniu ustawy z dnia 18 lipca 2002\nr. o świadczeniu usług drogą elektroniczną (Dz.U. z 2002 r., Nr 144, poz. 1204, z późn. zm.) [dalej: u.ś.u.e], które to\nodbywa się podstawie niniejszych OWU, pełniących również rolę Regulaminu w rozumieniu 8 u.ś.u.e. Niniejsze OWU\nokreślają w szczególności zasady świadczenia Usług oferowanych na Platformie, ich zakres oraz zasady korzystania\nz nich. Spółka nie odpowiada natomiast za prawidłowe wykonanie Umowy, nie jest bowiem jej stroną.\n2. Usługi świadczone przez Spółkę na rzecz Konsumentów, a wchodzące w zakres niniejszych OWU mają, w stosunku\ndo nich charakter bezpłatny.\n3. Spółka nieodpłatnie udostępnia Konsumentom niniejsze OWU za pośrednictwem Platformy w systemie\nteleinformatycznym, a także w sposób umożliwiający jego pobranie, odtworzenie, utrwalenie i wydrukowanie.\n4. Zasady Świadczenia Usług Drogą Elektroniczną\n1. Rozpoczęcie świadczenia Usług przez Spółkę, następuje z chwilą rozpoczęcia korzystania przez Konsumenta z\nPlatformy, a co za tym idzie akceptacją warunków niniejszych OWU. Świadczenie Usług przez Spółkę na rzecz\nKonsumenta nie jest ograniczone w czasie.\n2. Konsumenci mają możliwość zarejestrowania się na Platformie – utworzenia Konta na skutek podania w formularzu\nrejestracyjnym dostępnym na stronie internetowej: www.pyszne.pl w zakładce „Rejestracja” swojego imienia,\nnazwiska, adresu poczty elektronicznej oraz hasła. Do aktywacji Konta niezbędnym jest kliknięcie przez Konsumenta\nw link aktywacyjny przesyłany niezwłocznie na podany przez niego adres e-mail. Utworzenie Konta może się również\nodbyć poprzez wybranie odpowiedniej opcji podczas składania zamówienia lub połączenie Platformy z aplikacją\nFacebook.com. Konsument może zrezygnować ze świadczonych Usług w każdym czasie.\n3. Usunięcie Konta danego Konsumenta następuje na skutek wniosku złożonego przez niego w formie pisemnej na\nadres: Rybacka 9, 53-656 Wrocław, za pomocą poczty elektronicznej na adres [email protected] lub\nteż formularza kontaktowego dostępnego pod adresem pyszne.pl/obsluga-klienta po upływie 14 dni od dnia jego\notrzymania przez Spółkę.\n4. Spółka ma prawo do natychmiastowego usunięcia Konta danego Konsumenta, w sytuacji rażącego naruszania przez\nniego postanowień niniejszych OWU, w tym w szczególności: umyślnego wystawiania niezgodnych z prawdą ocen\nposzczególnych Restauracji, dostarczania treści o charakterze bezprawnym, o których mowa w ust. 9 czy też podania\nnieprawdziwych/fałszywych danych podczas procesu rejestracyjnego - jeżeli nie zaprzestaje on przedmiotowego\ndziałania pomimo wyznaczonego przez Spółkę w tym zakresie terminu - nie krótszego niż 7 dni.\n5. Spółka nie ponosi odpowiedzialności za niemożność świadczenia Usług na rzecz Konsumenta na skutek działania siły\nwyższej.\n6. Korzystanie przez Konsumentów z Usług, z zastrzeżeniem ust. 8 jest możliwe wyłącznie przy pomocy podłączonego\ndo sieci Internet komputera klasy PC, Mac lub podobnego, wyposażonego w przeglądarkę internetową\n\n7. Korzystanie przez Konsumentów z Usług świadczonych przez Spółkę jest również możliwe na urządzeniach\nprzenośnych takich jak: smartfon, tablet, palmtop w wersji mobilnej. Warunkiem niezbędnym jest jednak dostęp\njednego z urządzeń wymienionych w zd. poprzednim do sieci Internet oraz wyposażenie go w jedną z przeglądarek\n8. W ramach korzystania z Usług niedozwolone jest dostarczanie przez Konsumenta treści o charakterze bezprawnym,\nw tym w szczególności:\ndanych i informacji spreparowanych w sposób stwarzający ryzyko naruszenia bezpieczeństwa systemu\ninformatycznego lub stabilności Platformy;\ninformacji naruszających jakiekolwiek dobra Spółki lub osób trzecich;\ninnych danych i informacji naruszających bezwzględnie obowiązujące przepisy prawa, w tym w szczególności\ntreści pornograficznych, odwołujących się do rasizmu, nacjonalizmu, faszyzmu, czy też propagujących przemoc.\n9. Korzystając z Platformy Konsumenci mają obowiązek postępować zgodnie z powszechnie obowiązującymi przepisami\nprawnymi oraz zasadami współżycia społecznego.\n10. Zakazane jest wykorzystywanie przez Konsumentów Usług w sposób sprzeczny z powszechnie obowiązującymi\nprzepisami prawnymi, dobrymi obyczajami lub w sposób naruszający uzasadnione interesy Spółki. W szczególności\nKonsument nie będzie podejmował czynności, które mogłyby narazić Spółkę na jakąkolwiek szkodę majątkową.\n11. Zabronione jest pobieranie przez Konsumentów zawartości baz danych udostępnionych na Platformie i wtórne ich\nwykorzystywanie w całości lub w istotnej części co do jakości lub ilości.\n12. Spółka zastrzega, iż wszystkie wiadomości i materiały dostępne na Platformie są objęte ochroną prawa autorskiego.\nKonsument ma prawo do korzystania z nich jedynie w ramach dozwolonego użytku osobistego. Kopiowanie,\nzwielokrotnianie, rozpowszechnianie w Internecie i inne formy korzystania z materiałów i wiadomości umieszczonych\nna Platformie wykraczające poza granice dozwolone prawem jest zabronione.\n5. Oferta\n1. Spółka publikuje Ofertę w imieniu i na rzecz Restauracji w Platformie, zgodnie z Danymi Restauracji przekazanymi\nprzez Restauracje.\n2. Spółka prezentuje wszystkie Dane Restauracji w sposób wyraźnie wskazujący Konsumentowi jego prawa i obowiązki\nw przypadku akceptacji Oferty.\n3. Restauracja może używać składników oraz dodatków do posiłków i napojów, które mogą powodować alergie i\nnietolerancje. Jeśli Konsument ma alergię na jakiekolwiek artykuły spożywcze, zalecamy skontaktować się z\nRestauracją telefonicznie, aby uzyskać aktualne informacje o alergenach przed złożeniem Zamówienia.\n6. Umowa\n1. Umowa zawierana jest w momencie ukończenia składania Zamówienia przez Konsumenta poprzez kliknięcie\nprzycisku „Zamawiam i płacę”. Konsument niezwłocznie otrzyma potwierdzenie jej zawarcia na podany przez siebie\npodczas składania Zamówienia adres mailowy.\n2. Umowa może być prawidłowo wykonana przez Restaurację wyłącznie pod warunkiem podania przez Konsumenta\nprawidłowych i pełnych danych kontaktowych podczas składania Zamówienia. Konsument jest zobowiązany do\nnatychmiastowego zgłoszenia wszelkich nieścisłości w danych, w szczególności dotyczących płatności, które zostały\nprzekazane lub wymienione Spółce lub Restauracji.\n3. W celu uzyskania informacji o statusie realizacji Umowy Konsument może kontaktować się bezpośrednio z\nRestauracją za pomocą danych kontaktowych podanych w Platformie oraz potwierdzeniu Zamówienia, o którym mowa\nw ust. 1. Po złożeniu Zamówienia przez Konsumenta, Konsument winien być dostępny za pośrednictwem telefonu lub\npoczty elektronicznej zarówno dla Restauracji, jak i Spółki, zgodnie z danymi kontaktowymi wskazanymi przy\nskładaniu Zamówienia.\n4. Jeżeli Konsument zdecyduje się na realizację Umowy poprzez dostarczenie mu zamówionych produktów, winien on\nbyć obecny pod wskazanym przy składaniu Zamówienia adresem dostawy w celu jego odbioru. Jeśli Klient nie jest\nobecny pod adresem dostawy w momencie dostarczenia Zamówienia, a Zamówienie jest dostarczane przez\nTakeaway.com (a nie przez samą Restaurację), Takeaway.com podejmie uzasadnione starania w celu skontaktowania\nsię z Klientem, aby ustalić, gdzie należy pozostawić Zamówienie. Jeśli Takeaway.com nie jest w stanie skontaktować\nsię z Klientem, Takeaway.com może pozostawić Zamówienie w rozsądnym miejscu na zewnątrz, w pobliżu adresu\ndostawy. Takeaway.com nie ponosi odpowiedzialności za Zamówienie (w tym za jakość lub bezpieczeństwo\nzawartości Zamówienia w momencie jego odnalezienia przez Klienta) po dostarczeniu Zamówienia. Zwracamy uwagę,\nże w przypadku, gdy Restauracja sama dostarcza Zamówienie, a nie korzysta z usług dostawy świadczonych przez\nTakeaway.com, Restauracja zdecyduje, czy pozostawić Zamówienie poza adresem dostawy, jeśli Klient nie jest\nobecny.\n5. Jeśli Takeaway.com dostarczy zamówienie w imieniu restauracji, Takeaway.com może obciążyć klienta kosztami\ndostawy. Bieżące koszty dostawy są podawane na Platformie, zanim klient złoży zamówienie. Potwierdzenie tych\nkosztów dostawy można zamówić w Takeaway.com.\n6. Jeżeli Konsument zdecyduje się na realizację Umowy poprzez samodzielny odbiór zamówionych produktów, winien on\nzgłosić się w tym celu i o wskazanej godzinie do punktu odbioru zamówień Restauracji. Godzina, o której mowa w zd.\npoprzednim zostanie wskazana Konsumentowi drogą elektroniczną (e-mail potwierdzający złożenie Zamówienia) lub\nna Platformie.\n7. W momencie dostarczenia Zamówienia Restauracja może poprosić o dokument tożsamości, jeśli Zamówienie\nobejmuje produkty alkoholowe lub inne produkty z ograniczeniem wiekowym. Jeśli Konsument nie jest w stanie\n\nwylegitymować się odpowiednio lub nie spełnia minimalnych wymogów wiekowych, Restauracja odmówi dostarczenia\nodpowiednich produktów Konsumentowi. W takim przypadku pobrane mogą zostać koszty z tytułu unieważnienia\nZamówienia.\n8. Po złożeniu Zamówienia Klient może według własnego uznania zdecydować się na przekazanie napiwku kurierowy za\npośrednictwem dostępnych metod płatności online.\n9. Napiwek jest przeznaczony dla kurierów i nie można go uznawać za płatność z tytułu usług firmy Takeaway.com.\nTakeaway.com będzie z tego względu występować wyłącznie jako zarządca i zbywca kwot napiwków.\n10. Takeaway.com przekaże Napiwek kurierom w przypadku, gdy są oni bezpośrednio zaangażowani przez\nTakeaway.com. Jeśli kurier nie jest zaangażowany przez Takeaway.com, ale bezpośrednio przez Restaurację,\nTakeaway.com przekaże Napiwek Restauracji i zobowiązuje Restaurację do wypłaty Napiwku kurierowi.\nTakeaway.com nie może gwarantować ani odpowiadać za przekazanie Napiwku kurierowi przez Restaurację.\n11. Kiedy Klient otrzyma potwierdzenie przekazania Napiwku, Napiwek nie może być refundowany ani zwrócony.\n7. Odstąpienie od Umowy\n1. Z uwagi na łatwo psujący się charakter oferowanych przez poszczególne Restauracje produktów, Konsument nie jest\nuprawniony do odstąpienia od Umowy po rozpoczęciu jej faktycznej realizacji (art. 38 pkt 4 ustawy z dnia 30 maja\n2014 r o prawach konsumenta (Dz.U. 2014 poz. 827). Odstąpienie od zawartej Umowy przed rozpoczęciem jej\nfaktycznej realizacji jest możliwe bez podania jakiejkolwiek przyczyny poprzez kontakt telefoniczny z Restauracją.\n2. Spółka wskazuje Konsumentowi, że Restauracja jest uprawniona do odstąpienia od Umowy, w przypadku:\na. zaistnienia siły wyższej uniemożliwiającej realizację Umowy,\nb. dezaktualizacji zamieszczonej w Platformie Oferty w sytuacji, gdy Konsument nie zgodził się na alternatywę\ndotycząca Zamówienia złożoną przez Restaurację,\nc. przekazania przez Konsumenta nieprawidłowego lub nieosiągalnego numer telefonu lub adresu dostawy.\n3. W przypadku odstąpienia od Umowy przez którąkolwiek ze stron traktuje się ja jako niezawartą. Spółka dokona zwrotu\npłatności uiszczonej przez Konsumenta przy użyciu takiego samego sposobu zapłaty, jakiego użył Konsument.\n4. W przypadku złożenia przez Konsumenta fałszywego Zamówienia lub niewykonania przez niego Umowy (w\nszczególności przez jej nieopłacenie lub nieobecność w miejscu dostawy lub w punkcie odbioru w celu odebrania\nzamówionych produktów), Spółka jest uprawniona do odmowy przyjęcia jakichkolwiek przyszłych Zamówień od\ntakiego Konsumenta.\n5. Spółka jest uprawniona do niezwłocznego odrzucania Zamówień składanych przez Konsumentów, jeżeli zachodzi\nuzasadniona wątpliwość co do ich poprawności lub autentyczności. W przypadku uzasadnionego podejrzenia\npopełnienia przestępstwa, Spółka jest zobowiązana do powiadomienia o tym fakcie odpowiednich organów ścigania.\n8. Płatność\n1. W momencie zawarcia Umowy zgodnie z postanowieniami art. 6.1 niniejszych Ogólnych warunków świadczenia usług\nna rzecz Konsumentów, po stronie Konsumenta powstaje obowiązek płatności na rzecz Restauracji ceny wynikającej\nz Zamówienia. Podana w Zamówieniu cena stanowi całkowitą cenę jaką Zamawiający zobowiązany będzie zapłacić\nwraz z należnym podatkiem oraz kosztem dostawy. Obciążenie Zamawiającego dodatkowymi kosztami nastąpi\nwyłącznie po uzyskaniu jego wyraźnej zgody. Konsument może wywiązać się ze wskazanego w zd. pierwszym\nobowiązku na skutek skorzystania z oferowanych za pośrednictwem Platformy Systemów Płatności Online lub\nprzekazując należność kurierowi w momencie dostawy lub płacąc w Restauracji przy odbiorze. Dostępność sposobów\nzapłaty wymienionych w zd. poprzednim jest uzależniona od indywidualnych ustaleń poczynionych pomiędzy Spółką,\na daną Restauracją i może zostać ograniczona. Konsument jest informowany o dostępnych sposobach zapłaty na\nPlatformie podczas składania Zamówienia w danej Restauracji i musi dokonać wyboru jednego z nich przed złożeniem\nZamówienia, tj. przed kliknięciem przycisku „Zamawiam i płacę”.\n2. Z zastrzeżeniem postanowień art. 7 niniejszych Ogólnych warunków świadczenia usług dla Konsumentów (częściowy)\nzwrot płatności online winien być możliwy wyłącznie w przypadku niemożności dostarczenia części Zamówienia i\nakceptacji realizacji części tego Zamówienia przez Konsumenta. Zwrot jest zawsze dokonywany na rachunek, z\nktórego dokonano płatności. W zależności od metody płatności zastosowanej przez Klienta przetwarzanie zwrotu\npotrwa maksymalnie 10 dni roboczych.\n3. Zwrot płatności online jest dokonywany w terminie do 10 dni roboczych od momentu uzyskania przez Spółkę\ninformacji o odstąpieniu od zawartej Umowy. W przypadku odrzucenia Zamówienia, o którym mowa w art. 7 ust. 5\nniniejszych OWU zwrot płatności online jest dokonywany w terminie do 10 dni roboczych od momentu tegoż\nodrzucenia.\n4. Restauracja upoważniła Spółkę do akceptacji w jej imieniu płatności online dokonywanych przez Konsumentów.\n9. Zasady Zamieszczanie Wpisów na Platformie przez Konsumentów\n1. Spółka umożliwia Konsumentom dokonywanie ocen wykonania Umów przez poszczególne Restauracje w\nszczególności poprzez możliwość przyznawania im gwiazdek i/lub wystawianie komentarzy\n2. W przypadku odstąpienia od Umowy, wystawione przez Konsumentów oceny nie będą publikowane.\n3. Spółka jest upoważniona, lecz nie zobowiązana, do ujawnienia ocen, o których mowa w powyższych ustępach\nwszystkim użytkownikom Platformy. Oceny ujawniane są w ciągu 7dni. Spółka ma możliwość usuwania wystawionych\n\nocen.\n4. Konsument zamieszcza oceny wyłącznie na własną odpowiedzialność.\n10. Rozpatrywanie reklamacji\n1. Reklamacje Konsumentów dotyczące Oferty, Zamówienia lub realizacji Umowy winny być składane bezpośrednio do\nRestauracji z wykorzystaniem jej danych kontaktowych wymienionych w Platformie. W przypadku zgłoszenia\nreklamacji, o której mowa w zd. poprzednim Spółka może odgrywać jedynie rolę mediatora.\n2. W przypadku reklamacji Konsumenta dotyczącej Usług, reklamacja winna być przekazana Działowi Obsługi Klienta\nSpółki za pośrednictwem:\na. formularza kontaktowego dostępnego pod adresem pyszne.pl/obsluga-klienta ,\nb. poczty elektronicznej na adres [email protected] lub\nc. poczty tradycyjnej na adres: Rybacka 9, 53-656 Wrocław,\n3. Po otrzymaniu przez Spółkę reklamacji, o której mowa w ust. 2, zostanie ona niezwłocznie rozpatrzona, jednak nie\npóźniej niż w terminie dwóch tygodni od dnia jej otrzymania. Spółka potwierdzi otrzymanie reklamacji złożonej przez\nKonsumenta na podany przez niego podczas zgłoszenia adres mailowy.\n11. Prawo właściwe i właściwość sądów\n1. Do wykonywania Usług świadczonych przez Spółkę na rzecz Konsumentów, stosuje się powszechnie obowiązujące\nprzepisy prawa polskiego, w szczególności przepisy Kodeksu cywilnego oraz ustawy z dnia 30 maja 2014 r o prawach\nkonsumenta (Dz.U. 2014 poz. 827),\n2. Wszelkie spory pomiędzy Spółką, a Konsumentem odnoszące się do realizacji Usług przez Spółkę będą\nrozpoznawane przez Sąd właściwy miejscowo według przepisów prawa polskiego.\n12. Polubowne rozwiązywanie sporów\nKomisja Europejska prowadzi platformę internetowego rozstrzygania sporów. Platforma ta dostępna jest pod\nadresem: http://ec.europa.eu/odr . Spółka zastrzega, iż korzystanie z innych alternatywnych mechanizmów rozwiązywania\nsporów wymaga uzyskania zgody Spółki.\n13. Newsletter\nSkładając Zamówienie, Konsument może wyrazić zgodę na otrzymywanie w formie newslettera informacji o\nrestauracjach, ofertach specjalnych i kuponach rabatowych. Konsument może w każdej chwili wycofać swoją zgodę pod\nadresem: pyszne.pl/newsletter , po uprzednim zalogowaniu na swoje Konto lub kontaktując się z Działem Obsługi Klienta\npod adresem [email protected]\n14. Wgląd i poprawianie przechowywanych danych osobowych\nSpółka przetwarza oraz przechowuje dane osobowe Konsumenta. Przechowywanie i przetwarzanie danych osobowych,\nw tym możliwość ich poprawiania/zmiany/usunięcia uregulowane zostało szczegółowo w Polityce Prywatności.\nLast amended 03.02.2022\nDownload PDF\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":1,"explanation":"When the company reserves the right to change the contract with a valid reason specified in the contract or does not reserve a right to change it at all"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Wolt","url":"https://wolt.com/en/terms","lang":"ENG","sector":"Food","hq":"Finland","hq_category":"EU","is_public":"Indirectly public","is_paid":"Free","date":""},"document":{"title":"","text":"User Terms of Service\nBy using the Wolt Service, you agree to be bound by these User Terms of Service (“Terms of\nService”).\nPlease read the following Terms of Service carefully before using the Wolt Service. If you do not\nagree with the Terms of Service, you cannot use the Wolt Service. These Terms of Service apply\nto any use of the Wolt Service and to the Purchase Agreements made hereunder. A more detailed\ndescription of the Wolt Service and information on system requirements is available at wolt.com. \nIf you have a Wolt at Work Account, these Terms of Service also apply to our customer\norganization which has granted you the Wolt at Work Feature (“Customer Organization”) with\nrespect to Orders made by you through the Wolt at Work Feature. If there is any discrepancy\nbetween these Terms of Service and the Wolt Corporate Terms & Conditions applicable to the\nCustomer Organization, the Wolt Corporate Terms & Conditions shall, however, prevail.\nThe Terms of Service are concluded between us and the User only, and not with Apple Inc., and\nApple Inc. is not responsible for the Wolt App or the content thereof. You agree that Apple Inc.,\nand Apple Inc.’s subsidiaries (“Apple”), are third party beneficiaries of the Terms of Service, and\nthat, upon your acceptance of the Terms of Service, Apple will have the right (and will be\ndeemed to have accepted the right) to enforce the Terms of Service against you as a third party\nbeneficiary thereof.\n1. Definitions\n“Partner” means a restaurant, retail shop or other service partner who has signed a partner\nagreement with Wolt, or their substitute, and who, as a trader, offers its products and possible\ndelivery or other services for sale through the Wolt Service.\n“Purchase Agreement” means an agreement for the purchase of Partner’s products and\npossible delivery or other services made on an Order. With respect to Orders placed through the\nWolt at Work Feature, the Purchase Agreement forms a binding agreement between the Partner\nand the Customer Organization. With respect to Orders placed through any other payment\nmethod of the User, the Purchase Agreement forms a binding agreement between Partner and\nthe User. \n“Wolt” means:\nWolt Enterprises Oy, Arkadiankatu 6, 00100 Helsinki, Finland, if the User is located in Finland,\nWolt Česko s.r.o., Na poříčí 1047/26, Nové Město, 110 00 Prague 1, Czech Republic, if the User\nis located in the Czech Republic,\nWolt Polska sp. z o.o., ul. Koszykowa 54, piętro 00-675 Warsaw, Poland, if the User is located in\nPoland,\nWolt Enterprises Israel Ltd., Allenby St. 113, 6581706 Tel Aviv, Israel, if the User is located in\nIsrael,\n\nWolt Technologies Greece Provision of Food Services S.A., Leoforos Vouliagmenis 26, 11743\nAthens, Greece, if the User is located in Greece,\nWolt d.o.o. Beograd-Stari Grad, Bulevar vojvode Bojovića 8, 11000 Belgrade, Serbia, if the User\nis located in Serbia,\nWolt Azerbaijan LLC, Yasamal district, Hyatt Tower 2, 4th floor, 8 Izmir Street, AZ1065 Baku,\nAzerbaijan, if the User is located in Azerbaijan,\nWolt Technologies Kazakhstan LLP, Park View, Kunaev St 77, 050000, Almaty, Kazakhstan, if\nthe User is located in Kazakhstan,\nWolt Slovensko s. r. o., Palisády 36, 811 06 Bratislava – Staré Mesto, Slovak Republic, registered\nin the Commercial register of the District Court Bratislava I, Section: Sro, Insert No.: 137637/B, if\nthe User is located in Slovakia,\nWolt Malta Limited, 171, Old Bakery Street, Valletta, VLT 1455, Malta, if the User is located in\nMalta,\nWolt Norway AS, Øvre Slottsgate 4, 0157 Oslo, Norway, if the User is located in Norway,\nWolt Latvija SIA, Elizabete iela 45/47, Riga, Latvia, if the User is located in Latvia,\nUAB Wolt LT, Jasinskio g. 14a-57, LT-01135, Vilnius, Lithuania, if the User is located in Lithuania,\nWolt Japan K.K., Portal Point Shibuya 7F, 11-3, Jinnan 1-chome, Shibuya-ku, Tokyo, if the User\nis located in Japan,\nWolt Georgia LLC, 49d Chavchavadze Ave 179, Tbilisi, Georgia, if the User is located in Georgia,\nWolt Eesti OÜ, Aia 10 a, 10111, Tallinn, Estonia, if User is located in Estonia,\nWolt Zagreb d.o.o., Metalčeva ul. 5, 1st floor, 10000 Zagreb, Croatia, if the User is located in\nCroatia,\nWolt Danmark ApS, Borgergade 10, 2 sal., 1300 Copenhagen K, Denmark, if User is located in\nDenmark.\nWolt Sverige AB, Celsiusgatan 10, 11230, Stockholm, Sweden, if the user is located in Sweden.\nWolt Cyprus Limited, Stasikratous 35 3rd floor, office 302, 1065, Nicosia, Cyprus if the User is\nlocated in Cyprus.\nWolt Magyarország Kft, Salétrom utca 4. földszint, 1085, Budapest, Hungary, if the User is\nlocated in Hungary.\nWolt, tehnologije d.o.o. Ljubljana, Parmova ulica 53, 1000, Ljubljana, Slovenia, if the User is\nlocated in Slovenia.\n“Wolt App” means a digital application called Wolt provided by Wolt for natural and legal\npersons to order products from Wolt’s Partners.\n\n“Wolt at Work Account” means a user account in the Wolt App onto which the Wolt at Work\nFeature has been added.\n“Wolt at Work Feature” means the payment method and feature of the Wolt App through which\nthe Customer Organization’s authorized Users can make Orders at the Customer Organization’s\ncost.\n“Wolt Service” means both Wolt App and Wolt website wolt.com and other additional locations\nas mentioned at wolt.com.\n“User” or “you” means a natural person using the Wolt Service. The User must be of the age of\n18 or older.\n2. Identity of Wolt\nWolt Enterprises Oy, Arkadiankatu 6, 00100 Helsinki, Finland, business ID 2646674-9, VAT ID\nFI26466749, if the User is located in Finland,\nWolt Česko s.r.o., Na poříčí 1047/26, Nové Město, 110 00 Prague 1, Czech Republic, business ID\n(IČO): 07030550, VAT ID (DIČ): CZ07030550, if the User is located in the Czech Republic,\nWolt Polska sp. z o.o., ul. Koszykowa 54, piętro 00-675 Warsaw, Poland, entered into the\nregister of entrepreneurs of the National Court Register, kept by District Court for the capital city\nof Warsaw in Warsaw, XII Business Department of the National Court Register under KRS No.\n0000745637, tax identification number NIP 7010846311, if the User is located in Poland,\nWolt Enterprises Israel Ltd., Allenby St. 113, 6581706 Tel Aviv, Israel, company no. 51-588715-\n6, VAT ID 515887156, if the User is located in Israel,\nWolt Technologies Greece Provision of Food Services S.A., Leoforos Vouliagmenis 26, 11743\nAthens, Greece, business ID 147811001000, VAT ID EL801047822, if the User is located in\nGreece,\nWolt d.o.o. Beograd-Stari Grad, Nušićeva 14, 11000 Belgrade, Serbia, business ID 21408930,\nVAT ID 110976122, if the User is located in Serbia,\nWolt Azerbaijan LLC, Yasamal district, Hyatt Tower 2, 4th floor, 8 Izmir Street, AZ1065 Baku,\nAzerbaijan, tax payer identification number 1404631321, VAT ID 1404631321, if the User is\nlocated in Azerbaijan*,\nWolt Technologies Kazakhstan LLP, Park View, Kunaev St 77, 050000, Almaty, Kazakhstan,\nbusiness ID 190540026305, if the User is located in Kazakhstan*,\nWolt Slovensko s. r. o., Palisády 36, 811 06 Bratislava – Staré Mesto, Slovak Republic, business\nID 52 396 771, registered in the Commercial register of the District Court Bratislava I, Section:\nSro, Insert No.: 137637/B, VAT ID (IČ DPH): SK 2121036093, Tax ID (DIČ): 2121036093, if the\nUser is located in Slovakia,\nWolt Malta Limited, 171, Old Bakery Street, Valletta, VLT 1455, Malta, business ID C94616, if the\nUser is located in Malta,\nWolt Norway AS, Øvre Slottsgate 4, 0157 Oslo, Norway, business ID: 920464254, VAT ID: 920\n464 254 MVA, if the User is located in Norway,\nWolt Latvija SIA, Elizabete iela 45/47, Riga, Latvia, business ID: 40203027461, VAT ID:\nLV40203027461, if the User is located in Latvia,\nUAB Wolt LT, Jasinskio g. 14a-57, 01135 Vilnus, Lithuania, business ID: 304573947, VAT ID:\nLT100011227411, if the User is located in Lithuania,\nWolt Japan K.K., Portal Point Shibuya 7F, 11-3, Jinnan 1-chome, Shibuya-ku, Tokyo, Japan,\n\nbusiness ID: 40100-01-204751, VAT ID: 4010001204751, if the User is located in Japan,\nWolt Georgia LLC, 49d Chavchavadze Ave, 179 Tbilisi, Georgia, business ID 405260042 and\nVAT ID: 405260042, if the User is located in Georgia,\nWolt Eesti OÜ, Aia 10 a, 10111 Tallinn, Estonia, business ID: 8273006000, VAT ID: 94112614, if\nUser is located in Estonia,\nWolt Zagreb d.o.o., Metalčeva ul. 5, 1st floor, 10000 Zagreb, Croatia, OIB: 25531986377, VAT\nID: HR25531986377, if the User is located in Croatia,\nWolt Danmark ApS, Borgergade 10, 2 sal., 1300 Copenhagen K, Denmark, business ID:\n37540447, VAT ID: DK37540447, if the User is located in Denmark,\nWolt Sverige AB, Celsiusgatan 10, 11230, Stockholm, Sweden, business ID: 559049-2335, VAT\nID: SE559049233501, if the user is located in Sweden,\nWolt Cyprus Limited, Stasikratous 35 3rd floor, office 302, 1065, Nicosia, Cyprus, business ID:\nHE 404490, VAT ID: CY10404490R, if the User is located in Cyprus,\nWolt Magyarország Kft, Salétrom utca 4. földszint, 1085, Budapest, Hungary, business ID: 01-\n09-322693, VAT ID: HU26296702, if the User is located in Hungary,\nWolt, tehnologije d.o.o. Ljubljana, Parmova ulica 53, 1000, Ljubljana, Slovenia, business ID:\n8273006000, VAT ID: 94112614, if the User is located in Slovenia.\nTrade name: “Wolt\",\nEmail address: [email protected].\n*Please note that while the Wolt Service is legally provided to you by your local Wolt entity in\nthese countries, the payment service is arranged by Wolt Enterprises Oy through a third party\npayment service provider. This also means that Wolt Enterprises Oy is responsible for possible\nrefunds, complaints and other claims related to your transactions in the Wolt Service. You may\nthus contact Wolt Enterprises Oy directly at the contact details provided above in case of any\ndispute or claim related to the Wolt Service.\nInformation about the identity and products and services of the Partners are provided in the Wolt\nService.\n3. Description of the Wolt Service\n3.1. Wolt provides a platform on which the User can purchase food and other products or\nservices from the Partner of their choice as well as possible delivery services either from the\nPartner or Wolt, as applicable. In certain countries Partners charge Users a delivery fee and\nservice fee for the delivery services as defined in more detail in the Wolt Service where relevant.\n3.2. The Partner provides the information about their products and possible services in the Wolt\nService, including but not limited to information on product characteristics, allergens and\ninstructions of use. If you have allergies or other dietary restrictions or for other reason wish to\nreceive more detailed information about the products, please contact the relevant Partner. You\ncan also contact Wolt's customer support who can contact the Partner on your behalf for such\nenquiries. The Partner is however responsible for providing accurate, up-to-date and legally\nrequired information about the products, including providing information on applicable prices\n\nand indicating the price per unit where required under applicable laws. Please note that the sale\nand purchase of the Partner’s products and possible services may be subject to additional terms\nand conditions of the Partner or Wolt on a case-by-case basis as set out in the Wolt Service.\n3.3. When selecting the Partner’s products and services that the User wishes to purchase from\nthe Partner, the User makes a binding order to purchase the products and services from the\nPartner on the terms and conditions presented to the User herein and in the Wolt Service before\nplacing the order (“the Order”). After having received the Order, Wolt will transmit the details of\nthe Order to the Partner. When the Order is accepted by the Partner and Wolt has provided the\nUser with an order confirmation on behalf of the Partner, the User or the Customer Organization\nand the Partner enter into the Purchase Agreement for the purchase of the Partner's products\nand, if applicable, delivery or other services. In some cases, the Purchase Agreement for the\npurchase of the delivery service is entered into with Wolt instead of the Partner, as reflected on\nthe receipt. Wolt will provide the User with a receipt on behalf of the Partner, unless regulation in\nthe country where the User is located requires that the Partner provides the receipt directly to\nthe User, for the products and, to the extent applicable, for the delivery services.\n3.4. The Partner selected by the User will prepare and/or collect and pack the products set out\non the Order. Wolt is not responsible or liable towards the User for the proper execution of the\nPurchase Agreement by the Partner. Wolt is liable for the execution of the delivery services\nordered by User from the Partner or Wolt on the Order as set out in these Terms of Service.\n3.5. When you use the Wolt Service, there may be a minimun value for purchase required, in\nwhich case you will be notified thereof before you make the Order on the Wolt Service. Where an\nOrder fails to meet the minimun required value, you will have the possibility to pay the difference\nto meet the minimum value or to add more products to your Order. The Partner determines in its\nsole discretion the selection and pricing of their products available on the Wolt Service. The\nPartner may also impose certain restrictions on your Order, such as quantity limits and size\nlimitations of the Order. The Partner is responsible for informing you of any limitation relating to\nthe availability of any products. User accepts that in case a certain product is temporarily\nunavailable, the Partner will fulfill the remaining part of your Order without including the\nunavailable product in the Order. You will not be charged for products that are unavailable at the\ntime of placing the Order.\n3.6. For Users located in Israel:\n“Purchase Agreement” means either one of the following binding agreements, as applicable (i)\nfor the purchase of Partner’s products and possible delivery services made by an Order placed\nby a User, no matter any payment method of the User, or (ii) with respect to a Customer\nOrganization, with respect to Orders placed through the Wolt at Work Feature. Wolt is a\nmarketplace that facilitates transactions and delivery services by providing a platform on which\nthe User can purchase food products and/or other products and delivery services in relation to\nfood products and/or other products of certain Partners. When you purchase food products\nand/or other products from a Partner, Wolt facilitates the fulfillment of the purchase on the Wolt\nService.\nPlease note and take into consideration that any and all information displayed through the Wolt\nService is displayed AS – IS by Wolt as received by it from the Partner and is under the complete\n\nand sole responsibility of the Partner. So, If you have allergies or any other dietary restrictions or\nif you have any question or concern with regard to any matter related to products sold and\noffered by the Partner, please contact the relevant Partner which will provide you with the\nspecific information upon request.\nWhen the User wishes to purchase through the use of the Wolt Service and the Order is\naccepted by the Partner and Wolt has provided the User with an order confirmation on behalf of\nthe Partner, the User or the Customer Organization, as the case may be, shall be considered for\nall purposes to have entered into the Purchase Agreement. Wolt will provide the User with a\nreceipt that will include payment for the products ordered from the Partner and payment for the\ndelivery services.\nWolt shall only be responsible for the transfer of the fees made by the User to the respective\nPartner and shall not, under any circumstances, be liable or responsible towards the User for the\nproper execution of the Order by the Partner. Both the User and the Partner each acknowledge\nand confirm that the Partner is solely liable for any defects in the contents and preparation of the\nOrder or other shortcomings in the performance of the Order.\n4. Right of revocation\n4.1. You cannot withdraw from or cancel an Order for products or services once you have placed\nit, unless explicitly provided otherwise in these Terms of Service. Prior to placing an Order for a\nproduct or service you should carefully review your selection. For Users located in Azerbaijan:\nplacing the Order also includes the User's consent to launch the performance of the relevant\nagreement(s) stipulated herein.\n4.2. If you are a consumer, you are entitled to a right of revocation in accordance with the\nstatutory provisions of the country where you are located. Consumer in the sense of these Terms\nof Service means any natural person who uses the Wolt Service and places Orders for a purpose\nwhich predominantly cannot be attributed to their commercial or their self-employed\nprofessional activity.\n4.3. Wolt follows the limitations of consumers' statutory cancellation rights as set out in\napplicable laws, according to which the right of revocation shall not exist for Purchase\nAgreements concerning certain items, including, but not limited to, the following:\nproducts such as foodstuffs which are perishable or which may quickly pass their expiration\ndate,\nproducts made to your specifications or clearly personalized,\nsealed products which are not suitable for return due to health protection or hygiene\nreasons, if such products were unsealed after the delivery,\nproducts which, according to their nature, are inseparably mixed, after delivery, with other\nitems,\nsealed games, movies or computer software which were unsealed after delivery.\n4.4. You have the right to revoke the Purchase Agreement of products, for which the right of\nrevocation exists, within 14 days from the day of delivery of the products on the Order without\ngiving a reason for the cancellation. In order to exercise your right of revocation, you must inform\n\nWolt of your decision to cancel by means of a clear statement (e.g., an email or a message sent\nthrough Wolt’s in-app customer service chat) within the said time period of 14 days. The Partner\nas the trader of the products on your Order has authorized Wolt to receive the revocation\nnotification on the Partner’s behalf. In case the Partner has chosen to offer a longer cancellation\nperiod than 14 days, such a period will apply to Orders made through the Wolt Service if explicitly\nmentioned in the descriptive details for the Partner on the Wolt Service. If you wish, you can use\nthe below model revocation form for making the revocation notification by filling in the\ninformation in the form and sending the information to Wolt, which information shall also be\nforwarded by Wolt to the respective Partner:\nModel revocation form\n- To: [insert the name of the Partner, the Partner’s address and the Partner’s email\naddress]:\n- Herewith I/we (*) revoke the agreement concluded with me/us (*) regarding the purchase\nof the following goods (*)/ the provision of the following services (*)\n- Ordered on (*)/received on (*)\n- Name of the consumer(s)\n- Address of the consumer(s)\n- Signature(s) of the consumer(s) (only in case of notification on paper)\n- Date\n(*) Delete as applicable.\n4.5. If you revoke the Purchase Agreement, Wolt will refund to you all payments we have received\nfrom you, including the delivery fee (and service fee where applicable) no later than 14 days from\nthe date on which we received notice of your revocation of the Purchase Agreement or a part\nthereof. Note that the delivery fee (and service fee where applicable) will not be returned in case\nof only a partial revocation of your Order.\n4.6. For making the refund, we will use the same means of payment as you used for the original\npurchase of your Order, unless expressly agreed otherwise with you. Note that if you paid for the\nOrder with Wolt credits, we shall refund you in Wolt credits. Wolt may refuse a refund until the\nPartner has received the products back or until you have provided proof that you have returned\nthe products, whichever is earlier.\n4.7. You must return or send the products to the same Partner in the same location from which\nyou made the Order. The contact details of the Partner’s point of sale are available on the Wolt\nService. You have to return the products to the Partner as soon as possible and in any case no\nlater than 14 days after the day on which you notified us of the revocation of the Purchase\nAgreement. This period is deemed to have been observed if you dispatch the products before\nthe expiry of the period of 14 days.\n\n4.8. You shall bear the direct costs of returning the products. The returned products have to be\nin an unused condition and capable of being resold. You shall be liable for any loss in value of the\nproducts if such loss in value is due to handling of the products that is not necessary for testing\ntheir condition, properties and functionality.\n4.9. Sometimes it may be possible that some of the Partner’s products that you wish to purchase\nthrough the Wolt Service are temporarily out of stock. For such cases and to the extent the\nPartner has enabled substitutions, you may choose, prior to confirming your Order, whether you\nwant to allow the Partner to substitute a missing item with a similar item. If you have allowed\nsubstitutions for a certain or all items in your Order, the Partner will substitute such missing items\nin accordance with the following principles: (i) the substitute will be chosen based on what the\nPartner considers to be the most appropriate substitute so that it corresponds as much as\npossible to the quantity, quality and price of the original item in the Order; (ii) substances\ntypically causing allergies shall be carefully taken into account so that for example a lactose-free\nitem is only substituted with a lactose-free item and a gluten-free item is only substituted with a\ngluten-free item; (iii) diet or light drink is substituted with a diet or light drink; (iv) organic is\nsubstituted with organic; and (v) domestically produced is substituted with domestically\nproduced. You will not be charged for any additional fees or costs for a substituted item\ncompared to the price of the original item in your Order. Should the price of the substitute be\nlower than the price of the original item in your Order, you will be charged the price of the\nsubstitute item.\n5. User Accounts\n5.1. You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the\nWolt Service in the form offered to you by us from time to time solely for the purposes set out\nherein. The license granted to the User for the iOS Wolt App downloaded from Apple’s App Store\nis further limited to a license to use the Wolt App on any Apple-branded products that the User\nowns or controls and as permitted by the Usage Rules set forth in the App Store Terms of\nService and these Terms of Service.\n5.2. In order to use the Wolt Service, the User must create a user account by following the\nregistration instructions in the Wolt Service. The Wolt Service credentials are personal (unless\notherwise agreed between Wolt and the Customer Organization). The User shall ensure that any\nuser account credentials and equivalent information required to access the user account of the\nUser or the Customer Organization are kept confidential and used in a secure manner not\naccessible by third parties. A User may have only one personal user account.\n5.3. Where it is suspected that any unauthorized person has become aware of a User’s user\naccount credentials or has access to the user account of the User, the User shall immediately\ninform Wolt thereof. The User shall be responsible for any use of the Wolt Service and any\nactivity under the user account of the User.\n5.4. In order to use the Wolt Service, you must submit valid credit card or other payment method\ninformation to Wolt. Wolt does not store information of your payment instrument, as this is done\nby a third party payment service provider used by Wolt. You agree to pay for all purchases arising\nfrom your use of the Wolt Service except for purchases made through the Wolt at Work Feature\n\nat the Customer Organization’s cost. You must keep the credit card and other payment\ninformation that you have submitted to your user account updated.\n6. Payments\n6.1. The User, or the Customer Organization in case of Wolt at Work Account, will pay the\npurchase price set out in the Order by using the relevant payment functionality of the Wolt\nService. Wolt, or the Wolt group company authorized by Wolt, collects all payments from the\nUsers or the Customer Organizations on behalf of the Partner. If the Order is made by using the\nWolt at Work Feature, the User confirms the payment on behalf of the Customer Organization\nthrough the Wolt at Work Feature. The User’s or Customer Organization’s payment obligation\nshall arise upon placing an Order through the Wolt Service.\n6.2. The User may fulfil this payment obligation only by using the relevant online payment\nmethod provided in the Wolt Service. When the User, or the Customer Organization in case of\nWolt at Work Account, has paid the purchase price to Wolt, the User or the Customer\nOrganization has fulfilled its payment obligation towards the Partner.\n6.3. In Finland, you can fulfil your payment obligation by using a lunch benefit as payment\nmethod, if the Wolt Service is compatible with the lunch benefit provided by your employer. You\nare responsible for ensuring that the Order costs of food products and delivery services paid\nwith the lunch benefit does not exceed the limit of the lunch benefit’s daily value. The amount\nexceeding this value can be paid with another acceptable payment method in the Wolt Service.\nYou are obligated to comply with the tax administration’s guidelines regarding use of the lunch\nbenefit. Please note for example that the lunch benefit is personal and does not cover purchase\nof gift cards, utility products, groceries, convenience food or processed food. You are therefore\nnot entitled to buy such products with the lunch benefit through the Wolt Service.\n6.4. The payment will be automatically charged from the User’s credit card, lunch benefit or\ncharged through the Customer Organization’s Wolt at Work Feature, upon delivery of the Order.\nWolt is entitled to make an authorisation hold on behalf of the Partner on the User’s credit card,\nlunch benefit or Customer Organization’s Wolt at Work Feature once the Order has been placed\nthrough the Wolt Service. Wolt uses a third party payment service provider for processing of\npayments. In Serbia all payments are processed locally within Serbia by a third party payment\nservice provider.\n6.5. Cash is an additional payment method available in Slovenia, Azerbaijan, Croatia, Cyprus,\nGeorgia, Greece, Kazakhstan, Malta, Serbia, Japan, Czech Republic and Slovakia. Refunds in\ncash orders will be made in Wolt credits or via another appropriate or legally required method. If\na User who has made a cash order is not in the agreed place of delivery at the agreed time or 5\nminutes thereafter, Wolt's customer support will contact the User and agree on an appropriate\narrangement for the payment. If the customer support cannot reach the User within 24 hours of\nthe no-show, Wolt will take appropriate measures which may include disabling the cash option\nfrom the User or even disabling the User's account in the Wolt Service for further Orders.\n6.6. In Israel payments are processed either locally within Israel or arranged by Wolt Enterprises\nOy through third party payment service providers. In case payments are arranged by Wolt\nEnterprises Oy through third party payment service providers, Wolt Enterprises Oy is responsible\n\nfor possible refunds, complaints and other claims related to your transactions in the Wolt\nService.\n7. Wolt credits and tokens\n7.1. The Users of the Wolt Service can obtain Wolt credits or tokens e.g. by inviting new users to\nsign up to the Wolt Service. The User can use Wolt credits and tokens to get a discount on their\npurchases in the Wolt Service.\n7.2. For Users in Denmark section 7.1. is not applicable. For Users in Denmark, you can share your\ncode on social media or as a message by pasting the link from your user profile and inserting it\nwhere you wish. Your friends will get Wolt credits when they use your code for their first order.\n7.3. Wolt may unilaterally determine the conditions applicable to the granting, use and validity of\nthe Wolt credits and tokens.\n7.4. Any signing-up bonus credits or tokens can be used only once.\n7.5. Wolt credits and tokens cannot be exchanged to cash.\n7.6. The Wolt credits and tokens will be nullified if Wolt detects any abuse of Wolt credits or\ntokens or suspects or detects that Wolt credits or tokens have been granted on incorrect\ngrounds. In such cases, Wolt shall invoice the amount that was paid using such Wolt credits or\ntokens.\n8. Delivery of an Order\n8.1. If the User orders the delivery of the Order through the Wolt Service, the Order will be\ndelivered to the location confirmed by the User in the Wolt Service. The User also has to provide\na street address for the confirmed location in the Wolt Service. If no-contact delivery is applied\nto your Order, please note that the goods shall be deemd to be delivered when they are left at\nthe door and the courier partner marks the Order status as \"delivered\" on the Wolt Service after\nwhich you bear the risk of the items in the Order.\n8.2. The User must be available to receive calls at the phone number the User has submitted to\nthe Wolt Service. If the phone number provided by the User cannot be reached, the delivery may\nbe cancelled by Wolt or the Partner and the User or Customer Organization may be charged for\nthe full price of the Order (not applicable to Users located in Slovenia).\n8.3. The User may place an Order to be delivered as soon as possible (standard delivery method)\nor by pre-ordering a certain delivery time, to the extent these options are available on the Wolt\nService at the time of placing the Order.\n8.4. Standard delivery option: The User must be present at the confirmed location set out in the\nOrder between the time of making the Order until the products set out in the Order have been\nreceived. If the User is not available at the location they have confirmed within five minutes of the\narrival of the delivery of the ordered products and the User does not respond after two contact\nattempts by the courier partner making the delivery, the delivery may be cancelled by Wolt or the\nPartner and the User or Customer Organization may be charged for the full price of the Order.\n\n8.5. “Pre-order” delivery option: the User must be present at the confirmed location between ten\nminutes prior to the pre-ordered delivery time until the moment of delivery in the Order to\nreceive the Order.\n9. Picking up and collecting an Order at the Partner’s point of sale\n9.1. If the User has not ordered delivery of the Partner’s products set out in the Order, but the\ncollection at the Partner’s point of sale, the products can be collected at the point of sale of the\nPartner the User has chosen in connection with the Order. The User will receive a separate\nelectronic confirmation when the products are ready for collection. The Partner or Wolt may set\nconditions for the identification of the User when picking up the products set out in the Order.\n9.2. The Partner shall retain the ordered products for 60 minutes after the Partner has notified\nthe User that the Order is ready for collection. However, this obligation is limited to the opening\nhours of the particular Partner’s point of sale and the Order has to be collected before the\nclosing time of said point of sale of the Partner.\n10. Eat-in Order\n10.1. If the User has selected the option to consume the products set out in the Order at the\npoint of sale of the Partner, the User will receive a separate electronic confirmation about the\nexpected time of when the products will be ready to be consumed at the Partner’s point of sale.\n11. Time estimates\n11.1. Any delivery time or pick-up time or other time estimate communicated to the User by the\nPartner or Wolt in the Wolt Service are only estimated times. There is no guarantee that the\nOrder will be delivered or available for pick-up or consumption at the estimated time. Delivery\ntimes of the products may also be affected by factors such as traffic jams, rush hours and\nweather conditions.\n12. Intellectual Property Rights\n12.1. All Intellectual Property Rights in or related to the Wolt Service and thereto related\ndocumentation and all parts and copies thereof shall remain exclusively vested with and be the\nsole and exclusive property of Wolt and/or its affiliates/subcontractors/licensors. “Intellectual\nProperty Rights” shall mean copyrights and related rights (including database and catalogue\nrights and photography rights), patents, utility models, design rights, trademarks, tradenames,\ntrade secrets, know-how and any other form of registered or unregistered intellectual property\nrights.\n12.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Wolt\nService and all rights not expressly granted hereunder are reserved by Wolt and its\nsubcontractors/licensors.\n12.3. Apple shall not be responsible for any investigation, defense, settlement or discharge of any\nclaim that the iOS Wolt App or your use of it infringes any third party intellectual property right.\n12.4. User grants to Wolt a worldwide, royalty-free, sublicensable, and transferable right to use,\nmodify, reproduce, distribute, display and publish any content provided by User in connection\n\nwith the Wolt Service. Such content may include photographs, data, information, feedback,\nsuggestions, text, and other materials that are uploaded, posted or otherwise transmitted\nrelating to the Wolt Service.\n13. Additional Provisions for use of the Wolt Service\n13.1. The Wolt Service is only available to persons of the age of 18 years or older. You may not\nregister as a User if you do not fulfill this requirement.\n13.2. The User shall observe all applicable rules and regulations when using the Wolt Service,\nincluding the purchase of alcohol and tobacco products. To the extent delivery of alcoholic\nbeverages or tobacco products is available in the country where the User is located, the User\nmay be refused delivery of alcoholic beverages or tobacco products in case the User is unable to\nprovide a valid photo ID to Wolt’s courier partner delivering the Order proving that the User is at\nleast 18 years of age. The User may be refused delivery of alcoholic beverages also in other\ncases stipulated by laws in the country where the User is located (e.g. if the User is showing\nsigns of intoxication).\n13.3. Wolt is constantly developing the Wolt Service and Wolt may change or remove different\nparts of the Wolt Service, including features, the products and Partners available in the Wolt\nService in part or in whole.\n13.4. By using the Wolt Service, the User may encounter content or information that might be\ninaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Wolt\ngenerally does not review content provided by the Partners. Wolt is not responsible for third\nparties' (including the Partners') content or information or for any damages arising as a result of\nthe use of or reliance on it.\n13.5. You or the Customer Organization shall be responsible for obtaining and maintaining any\ndevices or equipment (such as telephones) and connections needed for access to and use of the\nWolt Service and all charges related thereto.\n13.6. The User will not: (i) use or attempt to use another person’s personal Wolt account and/or\naccess another person’s personal payment data through the Wolt Service or use another\nperson’s personal payment cards when using the Wolt Service, without consent of that other\nperson; (ii) copy, modify or create derivative works of the Wolt Service or any related technology;\n(iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the\nsource code for the Wolt Service or any related technology, or any part thereof; (iv) remove any\ncopyright, trademark or other proprietary rights notices contained in or on the Wolt Service; (v)\nremove, cover or obscure any advertisement included on the Wolt Service; (vi) collect, use, copy,\nor transfer any information obtained from the Wolt Service without the consent of Wolt; (vii) use\nbots or other automated methods to use the Wolt Service; (viii) create a Wolt account using a\nfake identity or an identity of another person; or (ix) access the Wolt Service except through the\ninterfaces expressly provided by Wolt, such as the Wolt App and Wolt Website.\n13.7. Wolt is entitled to remove a User from the Wolt Service with immediate effect and/or refuse\nor cancel any Orders from a User if: (i) the User abuses the Wolt Service or causes any harm or\ndetriment to the use of the Wolt Service or the Partners or Wolt or Wolt’s employees, (ii) Wolt has\nreasonable belief of fraudulent acts by the User when using the Wolt Service, (iii) the User places\n\na false Order (for example by not paying or by not being present on the delivery or collection\nlocation in order to receive the Order) or otherwise fails to comply with his obligations arising\nfrom these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity\nof the Order. If Wolt cancels an Order that has already been paid for, Wolt shall transfer that\namount into the same user account or Wolt at Work Account as the one from which the payment\nwas made by the User.\n13.8. The controller of the personal data collected about Users is Wolt Enterprises Oy, unless\notherwise indicated. Wolt Enterprises Oy shall process any personal data collected from the User\nin accordance with Wolt Privacy Statement.\n13.9. The User must comply with applicable third party terms of agreement when using the Wolt\nApp or the Wolt Service.\n13.10. The User represents and warrants that (i) they are not located in a country that is subject\nto a U.S. Government embargo, or that has been designated by the U.S. Government as a\n“terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of\nprohibited or restricted parties.\n14. Term and termination\n14.1. These Terms of Service are in force as a binding agreement between Wolt and the User until\nfurther notice as long as the User is using the Wolt Service. \n14.2. The User can discontinue the use of the Wolt Service at any time. Wolt can discontinue\nproviding the Wolt Service permanently or temporarily at any time.\n15. Defects and complaints\n15.1. Please note that the Wolt Service may at any time be interrupted or permanently\ndiscontinued. The Wolt Service may also be temporarily suspended. Do not use the Wolt Service\nfor backing up any data. While we do our best in providing you our platform and services\n(including new and/or temporary services such as no-contact deliveries, deliveries with novel\ntechnology or deliveries of new product categories) error-free, Wolt does not promise or\nguarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of\nthe Wolt Service, its features or any service offered by Wolt. Wolt does not promise or guarantee\nanything that is not expressly mentioned in these Terms of Service.\n15.2. The Partner is solely liable for the contents, quality, safety and packaging of their products\nsold through the Wolt Service and has a statutory defect liability for their products as set out in\nthe applicable laws. You are responsible for inspecting the products in your Order without undue\ndelay after receiving the Order. If there are any defects or other quality shortcomings in the\nproducts of your Order, then you should contact either the customer service of Wolt, acting on\nbehalf of the Partner, or the Partner directly and include a clear description of the defects or\nshortcomings. Regarding consumer goods, notices of defects should be made within a\nreasonable time from detecting the defect, however no later than within two months after being\ndetected. Please note that in case of defects in foodstuffs or other products that by their nature\nspoil or age rapidly, it is crucial that you notify the defect as soon as possible to enable proper\ninvestigation and verification of the defect. Please note that Wolt or the Partner may ask you to\n\nsend a picture of the product in question in order to document and verify the defects. In case of\na defect or a non-confirmity in the products of your Order, you are entitled to reimbursement in\naccordance with applicaple laws.\n15.3. The Partner is solely liable for any defects in the contents and preparation or packaging of\nthe Order or other shortcomings in the performance of the Purchase Agreement. Wolt is not\nresponsible for the information provided by the Partner on the Wolt Service and does not give\nany warranty on the availability, quality or suitability of the products.\n15.4. When the User who is located in Israel and uses Cibus as the payment method, any\npotential refunds will be only made in Wolt credits and not as Cibus allowance.\n15.5. Apple has no obligation whatsoever to furnish any maintenance and support services with\nrespect to the Wolt App. To the extent that any maintenance or support is required by applicable\nlaw, we, not Apple, shall be obligated to furnish any such maintenance or support. To the extent\nany warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely\nresponsible for such warranty. We, not Apple, are responsible for addressing any claims of the\nUser or any third party relating to the iOS Wolt App or the User’s possession and/or use of the\niOS Wolt App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS\nWolt App fails to conform to any applicable legal or regulatory requirement; and (iii) claims\narising under consumer protection, privacy, or similar legislation, including in connection with the\niOS Wolt App’s use of the HealthKit and HomeKit frameworks.\n16. Applicable Law and Dispute Resolution\n16.1. These Terms of Service shall be governed by and construed in accordance with the laws of\nthe country where the User is located. \n16.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you\nby the mandatory consumer protection laws of your country of domicile. \n16.3. Disputes arising from these Terms of Service shall be resolved by the competent courts of\nthe country where the User is located. A consumer may, however, always institute proceedings in\nthe competent court of its domicile. If you are a User domiciled in the EU, you and Wolt may also\nuse the ODR platform managed by the European Commission to settle disputes. This platform\ncan be found on ec.europa.eu/odr. You may also refer a dispute to the consumer disputes board\nor other corresponding out-of-court institution in your domicile (such as, by way of example, the\nFinnish Consumer Disputes Board, kkv.fi/kuluttajaneuvonta, in Finland, the Czech Trade\nInspection Authority, coi.cz, in the Czech Republic or the Polish Permanent Amicable Consumer\nCourt at the competent Provincial Inspectorate of Trade Inspection, uokik.gov.pl, in Poland).\n17. Amendments\n17.1. These User Terms of Service are subject to amendments.\n17.2. Wolt shall publish the amended User Terms of Service at the Wolt Website. Wolt shall inform\nthe User of any changes that are material by nature on the Wolt Service or by email to the email\naddress submitted to the Wolt Service by the User. If the User does not agree to any amended\nWolt Terms of Service, they shall discontinue the use of the Wolt Service.\n\n18. Assignment\n18.1. Wolt shall be entitled to assign all or any of its rights or obligations hereunder in whole or\npart to an affiliate or successor or to a purchaser or acquirer of its business assets relating to\nWolt Service without the User’s prior consent.\n18.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or\npart.\nUpdated 24.5.2021\nWolt privacy statement\nWolt Enterprises Oy and certain Wolt group companies (“Wolt”, “we”) process personal data of\ntheir users of Wolt’s food ordering services (“Wolt App”) and the visitors of the\nwebsite wolt.com (“Website”).\nIn this Privacy Statement, the word “Wolt Services” refers jointly to the Website and the Wolt\nApp. In this Privacy Statement, the word “User” or “you” refers jointly to our and our group\ncompanies’ customers, representatives and other authorized users of our customer\norganizations, potential customers and the users of the Wolt Services. Our Privacy Statement\nexplains, for example, the types of personal data we process, how we process the personal data\nand how you may exercise your rights as a data subject (e.g. right to object, right of access).\nSome of our services might be subject to a separate privacy policy. If a separate privacy policy\napplies to a particular service, we will post it in connection with the service in question.\nThis Privacy Statement may be updated from time to time in order to reflect the changes in data\nprocessing practices or otherwise. You can find the current version on the Website. We will not\nmake substantial changes to this Privacy Statement or reduce the rights of the Users under this\nPrivacy Statement without providing a notice thereof.\n1. DATA CONTROLLER(S)\nThis Privacy Statement applies to processing of personal data carried out by Wolt.\nIn relation to the processing of personal data of Users in the below countries, Wolt Enterprises\nOy and the local Wolt group company are acting as joint data controllers. This means that Wolt\nEnterprises Oy and the local Wolt group company together determine the purposes for and\nmeans by which personal data is processed. The country-specific joint controllers are listed\nbelow:\nWolt Česko s.r.o., Na poříčí 1047/26, Nové Město, 110 00 Prague 1, Czech Republic, if the User\nis located in the Czech Republic,\nWolt Polska sp. z o.o., ul. Koszykowa 54, piętro 00-675 Warsaw, Poland, if the User is located in\nPoland,\n\nWolt Enterprises Israel Ltd., Allenby St. 113, 6581706 Tel Aviv, Israel, if the User is located in\nIsrael,\nWolt Technologies Greece Provision of Food Services S.A., Leoforos Vouliagmenis 26, 11743\nAthens, Greece, if the User is located in Greece,\nWolt d.o.o. Beograd-Stari Grad, Bulevar vojvode Bojovića 8, 11000 Belgrade, Serbia, if the User\nis located in Serbia,\nWolt Azerbaijan LLC, Yasamal district, Hyatt Tower 2, 4th floor, 8 Izmir Street, AZ1065 Baku,\nAzerbaijan, if the User is located in Azerbaijan,\nWolt Technologies Kazakhstan LLP, Park View, Kunaev St 77, 050000, Almaty, Kazakhstan, if\nthe User is located in Kazakhstan,\nWolt Slovensko s. r. o., Palisády 36, 811 06 Bratislava – Staré Mesto, Slovak Republic, registered\nin the Commercial register of the District Court Bratislava I, Section: Sro, Insert No.: 137637/B, if\nthe User is located in Slovakia,\nWolt Malta Limited, 171, Old Bakery Street, Valletta, VLT 1455, Malta, if the User is located in\nMalta,\nWolt Norway AS, Øvre Slottsgate 4, 0157 Oslo, Norway, if the User is located in Norway,\nWolt Latvija SIA, Elizabete iela 45/47, Riga, Latvia, if the User is located in Latvia,\nUAB Wolt LT, Jasinskio g. 14a-57, LT-01135, Vilnius, Lithuania, if the User is located in Lithuania,\nWolt Japan K.K., Portal Point Shibuya 7F, 11-3, Jinnan 1-chome, Shibuya-ku, Tokyo, if the User\nis located in Japan,\nWolt Georgia LLC, 49d Chavchavadze Ave 179, Tbilisi, Georgia, if the User is located in Georgia,\nWolt Eesti OÜ, Aia 10 a, 10111, Tallinn, Estonia, if User is located in Estonia,\nWolt Zagreb d.o.o., Metalčeva ul. 5, 1st floor, 10000 Zagreb, Croatia, if the User is located in\nCroatia,\nWolt Danmark ApS, Borgergade 10, 2 sal., 1300 Copenhagen K, Denmark, if User is located in\nDenmark.\nWolt Sverige AB, Celsiusgatan 10, 11230, Stockholm, Sweden, if the user is located in Sweden.\nWolt Cyprus Limited, Stasikratous 35 3rd floor, office 302, 1065, Nicosia, Cyprus if the User is\nlocated in Cyprus.\nWolt Magyarország Kft, Salétrom utca 4. földszint, 1085, Budapest, Hungary, if the User is\nlocated in Hungary.\nWolt, tehnologije d.o.o. Ljubljana, Parmova ulica 53, 1000, Ljubljana, Slovenia, if the User is\nlocated in Slovenia.\n\nWolt Enterprises Oy has been appointed responsible for handling all data subject requests and\nquestions relating to the personal data processing of the Wolt group on behalf of the local joint\ncontrollers.\n2. WOLT’S CONTACT DETAILS\nName: Wolt Enterprises Oy\nBusiness ID: 2646674-9
\nCorrespondence address: Arkadiankatu 6, 00100 Helsinki, Finland
\nE-mail address: [email protected]
\nwolt.com\nWolt has appointed a data protection officer who you can reach through the above contact\ndetails.\n3. PERSONAL DATA PROCESSED AND SOURCES OF DATA\nThe personal data collected and processed by us can be divided into two general data\ncategories: User Data and Analytics Data.\nUser Data\nUser Data is personal data collected directly from you or from our customer organization on\nbehalf of which you are using the Wolt Services (“Customer Organization”), as the case may be.\nWe may collect User Data from our Users and Customer Organizations in a variety of ways,\nincluding, after conclusion of a service agreement with the Customer Organization or when\nUsers register to the Wolt Services, subscribe to a newsletter or fill out a form. Further, please\nnote that we also collect details of any transactions and payments you carry out through the\nWolt Services.\nUser Data that is necessary in order to use the Wolt Services\nThe following personal data collected and processed by us is necessary in order for a proper\nperformance of the contract between you and us as well as for our legitimate interest whilst\nfulfilling our contractual obligations towards our Customer Organizations and for the compliance\nwith our legal obligations.\nAfter conclusion of the service agreement between us and the Customer Organization, the\nCustomer Organization provides us with your full name and email address. \nWhen you register to the Wolt Services and create a user account, you need to provide us with\nthe following information:\nfull name\ntelephone number\nemail address \ninformation relating to your payment instrument(s) such as the number of your payment\ninstrument(s) and the expiration date of your payment instrument(s) (required for the\npurposes of ordering food products via the Wolt Services, however not stored by Wolt,\nsince Wolt uses a third party payment service provider for processing of payments)\n\nUser Data you give us voluntarily\nYour user or customer experience may be enhanced by providing us with the following\ninformation: \nAdditional Account Information:\na picture\ndelivery address\nlocation data (if you consent to the processing of your location data)\nother information you provide either when creating a user account or later when modifying\nyour account profile\nOther Information. We may also process other information provided by you voluntarily\nsuch as:\ninformation you provide when rating our services\nmarketing opt-ins and opt-outs\ninformation you provide by phone or in email or chat correspondence with us, including call\nrecordings of your calls with our customer service \nIn addition to User Data collected from you and the Customer Organization, we process certain\npersonal data third party service providers provide about you. \nIf you connect or login to your account with Facebook, Facebook shares with us personal\ninformation about you such as your profile picture, a sample of your Facebook friends and your\nFacebook ID. \nAnalytics Data\nAlthough we do not normally use Analytics Data to identify you as an individual, you can\nsometimes be recognized from it, either alone or when combined or linked with User Data. In\nsuch situations, Analytics Data can also be considered personal data under applicable laws and\nwe will treat such data as personal data.\nWe may automatically collect the following Analytics Data when you visit or interact with the Wolt\nServices:\nDevice Information. We collect the following information relating to the technical device\nyou use when using the Wolt Services:\ndevice and device identification number, device IMEI\ncountry\nIP address\nbrowser type and version\noperating system\nInternet service providers\nadvertising identifier of your device\n\nvisitor identifier\nUsage Information. We collect information on your use of the Wolt Services, such as:\ntime spent on the Wolt Services \ninteraction with the Wolt Services\ninformation on your orders made through the Wolt Services\nthe URL of the website you visited before and after visiting the Wolt Services\nthe time and date of your visits to the Wolt Services\nthe sections of the Wolt Services you visited\nthe products you searched for while using the Wolt Services\nCookies\nWe use various technologies to collect and store Analytics Data and other information when the\nUsers visit the Wolt Services, including cookies and web beacons.\nCookies are small text files sent and saved on your device that allows us to identify visitors of the\nWolt Services and facilitate the use of the Wolt Services and to create aggregate information of\nour visitors. This helps us to improve the Wolt Services and better serve our Users. The cookies\nwill not harm your device or files. We use cookies to tailor the Wolt Services and the information\nwe provide in accordance with the individual interests of our Users. \nYou can manage the cookie preferences you have submitted earlier by clicking here.\nThe Users may choose to set their web browser to refuse cookies, or to alert when cookies are\nbeing sent. For example, the following links provide information on how to adjust the cookie\nsettings on some popular browsers: \nSafari\nGoogle Chrome\nInternet Explorer\nMozilla Firefox\nPlease note that some parts of the Wolt Services may not function properly if use of cookies is\nrefused.\nA web beacon is a technology that allows identifying readers of websites and emails e.g. for\nidentifying whether an email has been read. \nWeb analytics services\nThe Wolt Services use Google Analytics and other web analytics services to compile Analytics\nData and reports on visitor usage and to help us improve the Wolt Services. For an overview\nof Google Analytics, please visit Google Analytics. It is possible to opt-out of Google Analytics\nwith the following browser add-on tool: Google Analytics opt-out add-on.\nAdvertising and visitor identifiers\n\nThe Wolt Services use pseudonymized identifiers to track and predict your app and service\nusage and preferences.\nYou can opt-out of the use of these identifiers by changing your operating system settings as\nfollows:\nAdvertising identifiers can be disabled on iOS mobile devices by turning on the Limit Ad Tracking\ntab (Settings → Privacy → Advertising → Limit Ad Tracking). For an overview and more\ninformation on the advertising identifier, please see Apple Advertising and Privacy site.\nWolt visitor identifiers can be disabled on iOS and Android mobile devices by changing your\nsettings (for iOS: Settings → Wolt → Wolt settings → Limit Tracking, and for Android: Wolt\napplication → Profile tab → Settings icon in the top-right corner).\n4. PURPOSES AND LEGITIMATE GROUNDS FOR THE PROCESSING OF YOUR PERSONAL\nDATA\nPurposes\nThere are several purposes of the processing of your personal data by Wolt:\nTo provide the Wolt Services and carry out our contractual obligations (legal ground:\nperformance of a contract and legitimate interest)\nWolt processes your personal data to be able to offer the Wolt Services to you under the\ncontract between you and Wolt or between Customer Organization and Wolt. \nWe use the data for example to handle your payments or any refunds (where applicable) and to\nprovide our partners (the restaurants and our courier partners) with the information necessary\nfor the preparation or delivery of your order. If you contact our customer service, we will use the\ninformation provided by you to answer your questions or solve your complaint. \nFor our legal obligations (legal ground: compliance with a legal obligation)\nWolt processes data to enable us to administer and fulfil our obligations under law. This includes\ndata processed for complying with our bookkeeping obligations and providing information to\nrelevant authorities such as tax authorities.\nFor claims handling and legal processes (legal ground: legitimate interest)\nWolt may process personal data in relation to claims handling, debt collection and legal\nprocesses. We may also process data for the prevention of fraud, misuse of our services and for\ndata, system and network security.\nFor customer communication and marketing (legal ground: legitimate interest)\nWolt processes your personal data to contact you regarding the Wolt Services and to inform you\nof changes relating to them. Your personal data are also used for the purposes of marketing the\nWolt Services to you. \nFor quality improvement and trend analysis (legal ground: legitimate interest)\n\nWe may also process information about your use of the Wolt Services to improve the quality of\nthe Wolt Services e.g. by analyzing any trends in the use of the Wolt Services. In order to ensure\nthat our services are in line with your needs, personal data can be used for things like customer\nsatisfaction surveys. When possible, we will do this using only aggregated, non-personally\nidentifiable data.\nLegal grounds for processing\nWolt processes your personal data to perform our contractual obligations towards you or the\nCustomer Organization and to comply with legal obligations. Furthermore, we process your\npersonal data to pursue our legitimate interest to run, maintain and develop our business and to\ncreate and maintain customer relationships. When choosing to use your data on the basis of our\nlegitimate interests, we weigh our own interests against your right to privacy and e.g. provide you\nwith easy to use opt-out from our marketing communications and use pseudonymized or non-\npersonally identifiable data when possible.\nIn some parts of the Wolt Services, you may be requested to grant your consent for the\nprocessing of personal data. In this event, you may withdraw your consent at any time.\nIf you place an order with a Partner who is selling you medicine or other products and services\nrelating to your health, Wolt may process a limited amount of personal data concerning your\nhealth in connection to such order. Wolt processes the personal data to the extent necessary to\nperform the contract between you and Wolt for purposes of managing and delivering your Order.\nWolt adheres to any additional safeguards that apply to processing such personal data under\napplicable laws and regulations. If required under applicable laws, Wolt will ask for separate\nconsent for processing such personal data and you may withdraw such consent anytime through\nyour profile settings or contacting Wolt support services at [email protected].\nFor Users located in Israel:By entering, connecting to, accessing or using the Wolt Services, you\nagree and consent to the terms and conditions set forth in this Privacy Statement, including to\nthe collection, processing, transfer and use of your personal data which is collected as part of\nthe Wolt Services. If you disagree to any term provided herein, you may not access or use the\nWolt Services. You also acknowledge and confirm that you are not required to provide us with\nyour personal data and that such information is voluntarily provided to us. \n5. TRANSFER TO COUNTRIES OUTSIDE EUROPE\nWolt stores your personal data primarily within the European Economic Area. However, we have\nservice providers and operations in several geographical locations. As such, we and our service\nproviders may transfer your personal data to, or access it in, jurisdictions outside the European\nEconomic Area or the User’s domicile. \nWe will take steps to ensure that the Users’ personal data receives an adequate level of\nprotection in the jurisdictions in which they are processed. We provide adequate protection for\nthe transfers of personal data to countries outside of the European Economic Area through a\nseries of agreements with our service providers based on the Standard Contractual Clauses or\nthrough other appropriate safeguards.\n\nMore information regarding the transfers of personal data may be obtained by contacting us on\nany of the addresses indicated above. \n6. RECIPIENTS\nWe only share your personal data within the organization of Wolt if and as far as reasonably\nnecessary for the purposes of this Privacy Statement.\nFor users in Japan: We only share and jointly utilize your personal data mentioned in Article 3 for\nthe purpose of use mentioned in Article 4 within the organization of Wolt if and as far as\nreasonably necessary for the purposes of this Privacy Statement. Wolt Enterprises Oy is the\nentity responsible for the management of jointly used Personal Information.\nWe do not share your personal data with third parties outside of Wolt’s organization unless one\nof the following circumstances applies:\nFor the purposes set out in this Privacy Statement and to authorized service providers\nTo the extent that third parties (such as the restaurants which prepare your order, our courier\npartners who deliver your order and Customer Organization which may pay your order) need\naccess to personal data in order for us to perform the Wolt Services, we provide such third\nparties with your data. As an example, we may share your phone number with the partner\npreparing your order if it's necessary e.g. for asking you whether you accept a replacement\nproduct in the order or inform you that an item is missing from your order or for any special\nrequest clarifications.\nFurthermore, we may provide your personal data to our affiliates or to authorized service\nproviders who perform services for us (including data storage, accounting, sales and marketing)\nto process it for us and to payment service providers to process your payments to us.\nWhen data is processed by third parties on behalf of Wolt, Wolt has taken the appropriate\ncontractual and organizational measures to ensure that your data are processed exclusively for\nthe purposes specified in this Privacy Statement and in accordance with all applicable laws and\nregulations and subject to our instructions and appropriate obligations of confidentiality and\nsecurity measures.\nPlease bear in mind that if you provide personal data directly to a third party, such as through a\nlink in the Wolt Services, the processing is typically based on their policies and standards.\nFor legal reasons and legal processes\nWe may share your personal data with third parties outside Wolt if we have a good-faith belief\nthat access to and use of the personal data is reasonably necessary to: (i) meet any applicable\nlaw, regulation, and/or court order; (ii) detect, prevent, or otherwise address fraud, crime,\nsecurity or technical issues; and/or (iii) protect the interests, properties or safety of Wolt, the\nUsers or the public as far as in accordance with the law. When possible, we will inform you about\nsuch processing.\nFor other legitimate reasons\n\nIf Wolt is involved in a merger, acquisition or asset sale, we may transfer your personal data to\nthe third party involved. However, we will continue to ensure the confidentiality of all personal\ndata. We will give notice to all the Users concerned when the personal data are transferred or\nbecome subject to a different privacy statement. \nWith your explicit consent\nWe may share your personal data with third parties outside Wolt when we have your explicit\nconsent to do so. You have the right to withdraw this consent at all times free of charge by\ncontacting us.\n7. STORAGE PERIOD\nWolt does not store your personal data longer than is legally permitted and necessary for the\npurposes of providing the Wolt Services or the relevant parts thereof. The storage period\ndepends on the nature of the information and on the purposes of processing. The maximum\nperiod may therefore vary per use.\nMost personal data relating to a User’s user account with the Wolt Services will be deleted after\na period of 90 days have lapsed after the User has deleted its user account with the Wolt\nServices. Thereafter, a part of the personal data relating to a User’s user account with the Wolt\nServices may be stored only as long as such processing is required by law or is reasonably\nnecessary for our legal obligations or legitimate interests such as claims handling, bookkeeping,\ninternal reporting and reconciliation purposes. All personal data relating to a User’s user account\nwith the Wolt Services will be deleted within a period of 10 years after the User has deleted its\nuser account with the Wolt Services, with the exception of personal data required in certain rare\nsituations such as legal proceedings.\nWe will store Analytics Data of Users that do not have an account with the Wolt Services for a\nperiod of 90 days.\n8. YOUR RIGHTS\nRight of access\nYou have the right to access and be informed about your personal data processed by us. We give\nyou the possibility to view certain data through your user account with the Wolt Services or\nrequest a copy of your personal data.\nRight to withdraw consent\nIn case the processing is based on a consent granted by the User, the User may withdraw the\nconsent at any time free of charge. Withdrawing a consent may lead to fewer possibilities to use\nthe Wolt Services. The withdrawal of consent does not affect the lawfulness of processing based\non consent before its withdrawal.\nRight to rectify\nYou have the right to have incorrect or incomplete personal data we have stored about you\ncorrected or completed by contacting us. You can correct or update some of your personal data\n\nthrough your user account in the Wolt Services. \nRight to erasure\nYou may also ask us to delete your personal data from our systems. We will comply with such\nrequest unless we have a legitimate ground to not delete the data. \nRight to object\nYou may have the right to object to certain use of your personal data if such data are processed\nfor other purposes than necessary for the performance of the Wolt Services or for compliance\nwith a legal obligation. If you object to the further processing of your personal data, this may lead\nto fewer possibilities to use the Wolt Services.\nRight to restriction of processing\nYou may request us to restrict processing of personal data for example when your data erasure,\nrectification or objection requests are pending and/or when we do not have legitimate grounds to\nprocess your data. This may however lead to fewer possibilities to use the Wolt Services.\nRight to data portability\nYou have the right to receive the personal data you have provided to us yourself in a structured\nand commonly used format and to independently transmit those data to a third party.\nHow to use your rights\nThe abovementioned rights may be used by sending a letter or an e-mail to us on the addresses\nset out above, including the following information: the full name, address, e-mail address and a\nphone number. We may request the provision of additional information necessary to confirm the\nidentity of the User. We may reject or charge requests that are unreasonably repetitive,\nexcessive or manifestly unfounded. \n9. DIRECT MARKETING\nThe User has the right to prohibit us from using the User’s personal data for direct marketing\npurposes, market research and profiling made for direct marketing purposes by contacting us on\nthe addresses indicated above or by using the functionalities of the Wolt Services or the\nunsubscribe possibility offered in connection with any direct marketing messages.\n10. LODGING A COMPLAINT\nIn case the User considers our processing of personal data to be inconsistent with the applicable\ndata protection laws, the User may lodge a complaint with the local supervisory authority for\ndata protection in Finland, the Data Protection Ombudsman (tietosuoja.fi). Alternatively, the User\nmay lodge a complaint with the local supervisory authority for data protection of the User’s\ncountry of domicile. \n11. INFORMATION SECURITY\n\nWe use administrative, organizational, technical, and physical safeguards to protect the personal\ndata we collect and process. Measures include for example, where appropriate, encryption,\npseudonymization, firewalls, secure facilities and access right systems. Our security controls are\ndesigned to maintain an appropriate level of data confidentiality, integrity, availability, resilience\nand ability to restore the data. We regularly test the Wolt Services, systems, and other assets for\nsecurity vulnerabilities. Furthermore, access to personal data by employees of Wolt is restricted\nand access is subject to what is necessary for purposes of the employee’s work assignments.\nShould despite of the security measures, a security breach occur that is likely to have negative\neffects to the privacy of the Users, we will inform the relevant Users and other affected parties,\nas well as relevant authorities when required by applicable data protection laws, about the\nbreach as soon as possible.\nWolt Enterprises Oy has been appointed responsible for handling all data subject requests and\nquestions relating to the personal data processing of the Wolt group on behalf of the local joint\ncontrollers.\nIn relation to the processing of personal data of Users in other countries than the ones listed\nabove, Wolt Enterprises Oy acts as the sole data controller.\nGuidelines for Wolt Partners\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Uber","url":"https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=poland&lang=en","lang":"ENG","sector":"Transport","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Free","date":"01.01.2022"},"document":{"title":"","text":"Select jurisdiction:Select language:\nPoland\nEnglish\nLast modified: 12/31/2020\nEffective as of 1 January 2021\nGeneral Terms of Use - Poland\nKEY PRINCIPLES\nThese Terms apply to Uber’s mobile applications and/or websites in Poland. \nThe App(s)/Website(s) Services enable you to request services from Third Party\nProviders or directly from Uber. These services are provided or made available under\nUber’s brands, including, but not limited to, UBER, UBERX and UBER EATS. For more\ninformation, please consult this page.\nFor Third Party Services, you are contracting directly with Third Party Providers and\nUber acts as an agent to enable you to request and receive those services.\nFor Uber Provided Services, you may be required to accept separate terms which\ngovern your use of those services. \nPlease read these Terms carefully. They include information about the services, your\nrights, and other important information.\nABOUT US\nWe are Uber B.V, a private limited liability company established in the Netherlands,\nregistered at the Amsterdam Chamber of Commerce under the number 56317441 and\nhaving its offices at Meester Treublaan 7, 1097 DP Amsterdam. You can contact us\nat help.uber.com.\nDEFINITIONS\nUber\nSign up\n\n“Community Guidelines” mean the guidelines, as updated from time to time which set out\nexpectations of all users of the App(s) and/or Website(s). The latest version of the\nCommunity Guidelines is available here.\n“Third Party Providers” are independent third parties and include, but are not limited to,\nindependent transportation providers, delivery partners, restaurants, logistics providers,\nand/or providers of other mobility services.\n“Third Party Services” include, but are not limited to, services and goods in the field of\ntransportation, delivery, logistics, mobility, and the food, grocery or retail industries,\nprovided to you by independent Third Party Providers, such as, but not limited to,\ntransportation services. These are made available to you through the use of the\nApp(s)/Website(s) Services, as defined below.\n“Uber Poland” means Uber Poland Sp. z o.o., a private limited liability company established\nin Poland with registered offices at ul. Inflancka 4, 00-189 Warsaw, registered under KRS\nnumber 0000490069, acting as a licensed intermediary in passenger transportation\nin Poland.\n“Uber” means Uber B.V., or any of its subsidiaries or affiliates (“we” or “us”), including\nUber Poland.\n“Uber Brands” means Uber’s brands, including, but not limited to, UBER, UBERX and\nUBER EATS.\n“Uber Provided Services” means services provided directly to you by Uber which may be\nsubject to separate terms between you and us. These may include, but are not limited to,\ndelivery services under the UBER EATS brand and mobility services under UBER brands.\n“Uber Names, Marks or Works” means Uber or its licensor’s company names, logos,\nproducts or service names, trademarks, service marks, trade dress, other indicia of\nownership, or copyrights.\n \nTERMS\n1. Overview\n1.1. These terms cover your access and use of Uber’s mobile applications and/or websites,\nand, where Uber intermediates passenger transportation in Poland, your use of the\nIntermediation Service (the “Terms”). You must read carefully and agree to the Terms prior\nto accessing and using Uber’s mobile applications and/or websites. Your agreement to\nthese Terms establishes a contractual relationship between you and Uber. If you do not\nagree to these Terms, you may not access or use Uber’s mobile applications and/or\nwebsites. These Terms expressly supersede prior agreements or arrangements about the\nApp(s)/Websites Services (as defined below) between you and Uber.\n\n1.2. These Terms apply to the extent they do not conflict with any user and supplemental\nterms that specifically apply to Uber's mobile applications and/or websites. You will be\nasked to agree to any such terms separately.\n1.3. For any Third Party Services other than in the field of passenger transportation, Uber\nacts as the agent for the Third Party Providers for Third Party Services and as the service\nprovider for Uber Provided Services (see clause 4 below).\n1.4. For the Third Party Services in the field of passenger transportation, Uber Poland acts\nas the agent for the Third Party Providers for Third Party Services and as the service\nprovider for Uber Provided Services (see clause 4 below).\n2. The App(s)/Website(s) Services\n2.1. The services provided to you by Uber consist of:\n2.1.1. Access to and use of Uber's mobile applications and/or websites which enable you to\nrequest and receive Third Party Services and/or Uber Provided Services; and\n2.1.2. Payment collection and payment processing services (including issuing invoices and\nreceipts on behalf of Third Party Providers) allowing us to charge you and to pay charges\ninto the bank account of Third Party Providers for Third Party Services or Uber for Uber\nProvided Services (Uber B.V. may engage affiliates or third parties to provide these services\non its behalf) (together the \"App/Website Services\").\n2.2. The Services of intermediating passenger transportation are provided to you by Uber\nPoland and consist of:\n2.2.1. Enabling you to request and receive Third Party Services and/or Uber Provided\nServices; and\n2.1.2. Enabling you to enter into direct contracts for transportation with Third Party\nProviders and/or to settle fares for transportation (together the “Intermediation Services”).\n2.3. These Terms apply to your use of the App(s)/Website(s) Services in Poland. By\naccessing and using the App(s)/Website(s) Services in another country, you may be subject\nto country-specific terms. You can locate those terms by navigating to this page and\nchoosing the country from which you wish to access the Apps(s)/Website(s) Services.\n2.4. Uber's mobile applications and/or websites will be made available to you under various\nUber Brands.\n2.5. Unless otherwise agreed separately in writing, the App(s)/Website(s) Services are made\navailable to you for your personal non-commercial use only.\n2.6. Where available, you can request and receive Third Party Services or Uber Provided\nServices via Uber’s mobile applications and/or websites.\n\n3. Third Party Services\n3.1. For Third Party Services, Uber (Uber Poland in relation to Intermediation Services) acts\nas a disclosed agent between you and the Third Party Providers to enable them to provide\nthe Third Party Services to you. Uber does not provide the Third Party Services. All Third\nParty Providers are independent third party contractors, registered businesses or other\nlegal entities who are not employed by Uber.\n3.2. When you are logged in, online and in the vicinity of Third Party Providers who are also\nlogged in Uber’s mobile applications and/or websites, you will be given information in\nUber’s mobile applications and/or websites about the Third Party Services before you\ndecide to make a request.\n3.3. Third Party Providers (for Third Party Services) and Uber (for Uber Provided Services)\nare free to decide to accept or reject a request. Acceptance of the request is communicated\nto you on behalf of Third Party Providers through Uber’s mobile applications and/or\nwebsites and will give rise to a direct contract between you and the Third Party Provider (for\nThird Party Services) and/or between you and Uber (for Uber Provided Services).\n3.4. For some Third Party Services, you may be required to agree to separate terms prior to\nusing such Third Party Service(s).\n3.5. You may be asked to rate the Third Party Provider whose services you requested. The\nThird Party Provider may also be able to give you a rating. Third Party Providers will see the\nrating in the Uber’s applications and/or websites and this rating may affect whether or not\nthey decide to provide Third Party Services to you. For more information about ratings\nplease consult our Community Guidelines.\n3.6. The Third Party Provider is responsible for any obligations that may arise from the\nprovision of the Third Party Services.\n4. Uber Provided Services\n4.1. For Uber Provided Services, Uber will act as the service provider. The specific terms\ngoverning Uber Provided Services will be set out in additional terms or a\nseparate agreement.\n5. Using the App(s)/Website(s) Services\n5.1. Uber’s mobile applications and/or websites can be downloaded or accessed on most\nmodern mobile devices with an internet connection and equipped with popular operating\nsystems such as Android or iOS.\n5.2. You are responsible for obtaining the network access necessary to use the\nApp(s)/Website(s) Services and are responsible for any rates and fees from your mobile\nnetwork provider, including from data consumption while using Uber’s mobile applications\nand/or websites. You are also responsible for accessing compatible devices and operating\n\nsystems necessary to use the App(s)/Website(s) Services, including any software or\nhardware updates.\n5.3. To use the App(s)/Website(s) Services, you must register in Uber's mobile applications\nand/or websites and set up an account. At the time of registration you must either be\neighteen (18) or the age of legal majority in the country where you register if different from\neighteen (18), unless the terms governing the specific Third Party Service or Uber Provided\nService impose different age requirements.\n5.4. You must provide us with certain personal information to register, including your phone\nnumber and email address. To use the App(s)/Website(s) Services, Uber Provided Services\nor certain Third Party Services, you may need to provide at least one valid payment method\n(credit card, debit card or any other accepted payment method). You may need to provide\nadditional information, such as your address, and documents before using certain Uber\nProvided Services or Third Party Services.\n5.5. You are under no obligation to log in to, or use, Uber’s mobile applications and/or\nwebsites, and neither are the Third Party Providers. If you choose to stop using Uber’s\nmobile applications and/or websites you may do so without giving us any notice.\n5.6. We may temporarily restrict your access to and use of the App(s)/Website(s) Services if\nthere is a suspected breach of your obligations (see clause 6 below) or of these Terms,\nincluding where we receive a complaint in relation to fraud. There may be circumstances in\nwhich we are unable to provide you with information about the complaint whilst an\ninvestigation is ongoing (by us and/or a third party such as the police).\n6. Your Obligations\n6.1. When using the App(s)/Website(s) Services, you must comply with all applicable laws.\nYou may only use the App(s)/Website(s) Services for lawful purposes and for the purposes\nfor which they were intended as otherwise referenced in these Terms. You must not misuse\nUber’s mobile applications and/or websites or attempt to defraud either us or Third Party\nProviders. For more information about what is expected from you, please consult our\nCommunity Guidelines.\n6.2. You must provide accurate and complete information when you register an account\nand when using the App(s)/Website(s) Services.\n6.3. Your account is personal to you. It cannot be licensed or shared unless expressly\npermitted by Uber. Once you have set up an account, you:\nmay not register more than one account unless we agree otherwise in writing;\nmay not allow third parties to use your account or transfer your account to a\nthird party;\nmust keep your account information accurate, complete and up-to-date;\n\nmust keep your login details confidential at all times and;\nmust tell us immediately if you have any reason to believe that someone else knows\nyour username or password or if you suspect that someone else is using your account.\n6.4. You will be responsible for paying any fees or charges that may be incurred as a result\nof the provision of Third Party Services or Uber Provided Services requested through your\naccount as further detailed below.\n6.5. You must not, in your use of the App(s)/Website(s) Services, cause nuisance,\nannoyance, inconvenience, or property damage, whether to the Third Party Provider, Uber\nor any other party. \n7. Charges and Payment\n7.1. Charges for the App(s)/Website(s) Services \nYou will not be charged for using the App(s)/Website(s) Services. However, we reserve the\nright to introduce a usage charge, in which case you will be informed in writing and given\nthe opportunity to terminate these Terms before any such charge is introduced. If you\nchose to terminate these Terms, you will no longer be able to access or use the\nApp(s)/Website(s) Services. We reserve the right to introduce a fee for specific features on\nUber's mobile applications and/or websites. These may be subject to separate terms.\n7.2. Charges for Third Party Services and Uber Provider Services \nIf you make a request through Uber’s mobile applications and/or websites, you agree to pay\nthe relevant charges as described in Uber’s mobile applications and/or websites and will be\nresponsible for any charges or fees linked to your account in accordance with clause 6.4\nabove. Depending on the Uber Provided Service or Third Party Service used, including, but\nnot limited to, its location, the charges may be displayed on Uber’s mobile applications\nand/or websites before a request is placed.\nIn other cases, the charges will depend on your use of the Third Party Services or Uber\nProvided Services. We may provide an estimate of these charges. Please be aware that the\nfinal amount charged to you may be different from the estimate. You may be charged\nsupplementary charges, costs and/or fines by Third Party Providers, for your use or misuse\nof Third Party Services (such as repair or cleaning fees) or by Uber for your use or misuse of\nUber Provided Services.\nFor certain Third Party Services, such as UberX, you may request lower charges from the\nThird Party Provider for services received by you from such Third Party Provider at the time\nyou receive such services. Third Party Provider or Uber, if authorized by the Third Party\nProvider, will respond accordingly to any request from a Third Party Provider to modify the\ncharges for a particular service.\n\nIn some cases, if the Third Party Services or the Uber Provided Services cannot be\nperformed due to your action or inaction (for example, if you are not present at the delivery\nlocation to receive a delivery), all charges may apply.\nOnce the Third Party Service or Uber Provided Service has been provided, we may issue you\nwith an invoice and/or a receipt directly or on behalf of the Third Party Provider, as\napplicable. Where we issue you with a fiscal receipt directly or on behalf of the Third Party\nProvider, you agree to receive such fiscal receipt only in electronic form to the email\naddress you shared with us or in the Uber App, including in the form of a .pdf file, as soon as\npracticable after the completion of the service. The invoice and/or the receipt will include\nVAT, if applicable. By sharing your tax identification number in your app, you acknowledge\nthat it will be included in the said invoice and/or fiscal receipt.\n7.3. General\nFor more information about charges and supplementary charges, fees, costs and/or fines\nspecific to the relevant Third Party Service or Uber Provided Service please consult the\nsupport section in Uber’s mobile applications and/or websites (such as at Help) or relevant\npages on our website(s) for Rides and Eats.\nThe charges may be modified in Uber’s mobile applications and/or websites from time to\ntime. The charges do not include tips. Where available, you may pay tips, either in person or\nthrough Uber’s mobile applications and/or websites. We will collect tips paid through Uber’s\nmobile applications and/or websites on your behalf and remit them.\nUnless otherwise agreed, all charges are due immediately upon a request being placed and\npayment will be facilitated by Uber using the preferred payment method associated with\nyour account, after which Uber will send you a receipt by email. If your primary payment\nmethod is not able to be charged, Uber may use a secondary payment method if available.\nIf your payment method(s) are unavailable, we reserve the right to continue to try to\ntake payment.\nCharges are inclusive of applicable taxes including VAT.\n8. Cancellation\n8.1. In some cases, you do not have the right to cancel the request for the Third Party\nServices and Uber Provided Services once it has been accepted. However, for certain Third\nParty Services, Uber or the Third Party Service Provider may allow you to cancel the request,\nbut you may be charged a cancellation fee.\n8.2. Uber may refuse requests and cancel the Third Party Services or Uber Provided Services\nif there is reasonable doubt about the correctness or authenticity of the request or about\nthe contact information. In this case too, a cancellation fee may be charged.\n8.3. See the Cancellation Policy for Rides and the Cancellation Policy for Eats.\n\n9. License\nSubject to your compliance with these Terms, we grant you a personal, worldwide, non-\nexclusive, non-transferable, revocable, non-sublicensable license to install and/or use of\nUber’s mobile applications and/or websites on your device solely for your use and for you to\naccess and use information made available through Uber’s mobile applications and/or\nwebsites. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors.\n10. Intellectual Property\nWe reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services,\nour devices and all data gathered through Uber’s mobile applications and/or websites\n(including all intellectual property rights in all of the foregoing) are and remain our property\nor the property of our licensors. You may not, and may not allow any other party to: (a)\nlicense, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of\nthe Uber’s mobile applications and/or websites); (b) reverse engineer or attempt to extract\nthe source code of Uber’s mobile applications and/or websites except as allowed under law;\n(c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing,\nsurveying, or otherwise data mining any part of Uber’s mobile applications and/or websites\nor data; (d) use, display, or manipulate any of Uber Names, Marks, or Works for any purpose\nother than to use the Uber’s mobile applications and/or services; (e) create or register any\n(i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v)\nsocial media handles or profiles that include Uber Names, Marks, or Works or any\nconfusingly or substantially similar mark, name, title, or work; (f) use Uber Names, Marks, or\nWorks as your social media profile picture or wallpaper; (g) purchase keywords (including,\nbut not limited to Google AdWords) that contain any Uber Names, Marks, or Works; or (h)\napply to register, reference, use, copy, and/or claim ownership in Uber’s Names, Marks, or\nWorks, or in any confusingly or substantially similar name, mark, title, or work, in any\nmanner for any purposes, alone or in combination with other letters, punctuation, words,\nsymbols, designs, and/or any creative works; except as may be permitted in the limited\nlicense granted above.\n11. Privacy Notice\nWe collect, use and disclose information from or about you as described in our Privacy\nNotice. Additional privacy notices may apply, including from third party controllers, for Uber\nProvided Services or Third Party Services.\n12. Your Liability and Indemnity\n12.1.You are liable for any damage suffered by us as a result of your violation of these Terms,\nyour misuse of the App(s)/Website(s) Services, or your violation of any laws or third party\nrights. You are liable for all activities conducted through your account unless such activities\nare not authorized by you and you are not otherwise negligent.\n\n12.2. In order to have access to the App(s)/Websites(s) Services, you agree to indemnify,\ndefend (at our option) and hold us and our respective officers, directors, and employees\nharmless from and against all claims, liabilities, expenses, damages, penalties, fines, social\nsecurity contributions and taxes arising out of or related to a breach of these Terms, breach\nof applicable law or third party claims directly or indirectly related to your use of the Third\nParty Services, the Uber Provided Services or your use of the Services generally. \n13. Disclaimer\nWe provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s)\nServices may be subject to limitations, delays, and/or other problems inherent to the use of\nthe internet and electronic communications and are not guaranteed to be available or error\nfree at all times.\n14. Limitation of Liability\n14.1. Nothing in these Terms limits and excludes any liability which cannot legally be limited\nor excluded, including liability for death or personal injury caused by negligence and liability\nfor fraud or fraudulent misrepresentation or alter your rights as a consumer that cannot be\nexcluded under applicable law.\n14.2. We are not liable under or in relation to these Terms including, but not limited to,\nliability in contract, tort (including negligence, misrepresentation), restitution or otherwise\nfor any of the following connected to the use of the App(s)/Website(s) Services: (i) loss of\nprofits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of\nanticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of\nor damage to goodwill and (vii) indirect or consequential loss.\n14.3. We are not liable for:\ndamages or losses arising from any transaction between you and a Third Party\nProvider; or\nthe availability and accuracy of the content, products or services of the Third\nParty Provider.\n14.4. We are not liable for delay or failure in performance resulting from causes beyond our\nreasonable control.\n14.5. Our total liability to you for usage of Uber’s mobile applications and/or websites (and\nnot in relation to any other arrangements between us for which the liability arrangements\nare governed by way of separate agreement) shall not exceed five hundred euros\n(500 euros).\n14.6. To the extent permitted by law, we exclude all warranties and disclaim all liability for\nany act or omission by you or any third party.\n15. Termination\n\n15.1. You are free at all times to use the App(s)/Website(s) Services (where available) and\nmay terminate these Terms and the App(s)/Website(s) Services by closing your account.\n15.2. We may terminate these Terms and your access to the App(s)/Website(s) Services\nwith immediate effect if we conclude that there is a breach by you of these Terms or any\nother agreement between you and Uber for the provision of Uber Provided Services.\n15.3. Uber may, in its sole discretion, terminate these Terms or discontinue the\nApp(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.\n15.4. If we cannot charge the charges to your preferred payment method we may suspend\nor remove your access to Uber’s mobile applications and/or websites until payment\nis made.\n15.5. You must immediately pay any outstanding charges due to Third Party Providers or\nUber by you upon termination. Any such charges will survive termination and we reserve all\nrights to collect payment after termination.\n16. General.\n16.1. Uber may change these Terms from time to time, in particular if it is required by law or\nif the scope or the character of services changes significantly. We will inform you of\nchanges within a reasonable time period. You will be bound by such changes upon their\nnotification to you in Uber’s mobile applications and/or websites and/or by email. If you do\nnot agree with these changes, you are free to close your account in accordance with\nclause 15.1.\n16.2. The invalidity of any clauses in these Terms does not affect the validity and\nenforceability of the rest of these Terms. Any such invalid, illegal or unenforceable clause\nshall be deemed deleted.\n16.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations\nin them, in whole or in part, without your prior consent, provided this will not lead to a\nreduction of the rights you are entitled to by virtue of these Terms or by law. You may not\nassign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in\npart, as your use of the Uber’s mobile applications and/or websites is personal, unless\nagreed otherwise.\n16.4. These Terms are our entire agreement with you, together with any additional\nagreement relating to the provision of App(s)/Website(s) Services, and replace all previous\nagreements relating to your access and use of the App(s)/Website(s) Services.\n16.5. You may be required to accept additional terms to access or use the\nApp(s)/Website(s) Services. If there is a conflict between these Terms and the separate\nagreement, the latter will have precedence unless specified otherwise in the\nseparate agreement.\n\n16.6. There are no third party beneficiaries to these Terms except as provided for in\nthese Terms.\n17. Dispute Resolution Process\nUber may make available to users acting as consumers a mediation scheme for consumer\ndisputes related to the App(s)/Website(s) Services or these Terms with a view to their\namicable resolution. For any dispute of a contractual nature relating to the\nApp(s)/Website(s) Services which could not have been resolved in the context of a\ncomplaint previously submitted to Uber’s customer service, eligible consumers can also\nsubmit complaints about our Services or these Terms to the European Commission’s online\ndispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of\n21 May 2013. Uber does not commit to using an online dispute resolution platform to resolve\nconsumer disputes.\n18. Governing Law and Jurisdiction\nThese Terms shall be exclusively governed by and construed in accordance with the laws of\nthe Netherlands, excluding its rules on conflicts of laws, unless, if you reside in the EU,\nstatutory consumer protection regulations in your country of residence contain provisions\nthat are more beneficial for you, in which case those provisions may apply. The Vienna\nConvention on the International Sale of Goods of 1980 (CISG) shall not apply. You may bring\njudicial proceedings relating to the Services before a competent Dutch court. If you reside\nin the EU you may also bring judicial proceedings relating to the Services before the\ncompetent court of your country of residence. If you reside in the EU, we may only bring\njudicial proceedings against you in your country of residence, unless you are acting as a\nbusiness in which case you agree to submit to the exclusive jurisdiction of the\nDutch courts.\nBy accepting these Terms, you agree to be bound by these\nTerms.\nReturn to Legal Hub\nUber\nVisit Help Center\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Niantic","url":"https://nianticlabs.com/terms/","lang":"ENG","sector":"Games","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"15.05.2019"},"document":{"title":"","text":"Niantic Terms of Service\nPlease also review Niantic's updated Privacy Policy that takes effect on October 27, 2021.\nLast Modified: May 15, 2019\nTable of Contents\n1. Terms\n2. Privacy\n3. Use of the Services\n4. Limited License to Use\n5. Content and Content Rights\n6. Conduct, General Prohibitions, and Niantic’s Enforcement Rights\n7. Participation in Events\n8. Sweepstakes, Contests, Raffles, Surveys And Similar Promotions\n9. Beta Programs\n10. Third Party Websites or Resources\n11. Disclaimer of Warranties\n12. Limitation of Liability\n13. Dispute Resolution\n14. General\n15. Terms Specific to Residents of the Republic of Korea\n16. Terms Specific to Residents of the EEA\n17. Terms Specific to Residents of Germany\n1 Terms\nWelcome to Niantic. We publish real-world augmented reality mobile experiences, including mobile game\napplications (\"Apps\"), and operate a real-world augmented reality platform (“Platform”). Please read\nthese Niantic Terms of Service and any applicable App guidelines (the “Guidelines” and, collectively,\n“the Terms”), because the Terms govern your use of the Apps and Platform. The Terms also govern your\ninteraction with any websites we own or operate (“Sites”), purchase of any Niantic merchandise,\nparticipation in Niantic live events or promotions (“Events”), and more generally your use of any Niantic\nproducts or services (together with Apps and Platform, the “Services”).\nSome exceptions to the Terms may apply based on your country of residence - please see the country-\nspecific sections below.\nIf you live in the United States, these Terms are entered into between you and Niantic, Inc., 1 Ferry Building\nSuite 200, San Francisco, CA 94111. If you live in any other country, these Terms are entered into between\nyou and Niantic International Limited, a company registered to do business under the laws of the United\nKingdom. Niantic, Inc. and Niantic International Limited are collectively referred to as \"Niantic\" or “we” in\nthese Terms.\nBy using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use\nthe Services. Niantic may modify these Terms at any time, and if we do, we will notify you by posting the\nmodified Terms on the Site or in the App. It’s important that you review any modified Terms before you\ncontinue using the Services. If you continue to use the Services, you are bound by the modified Terms. If\nyou don’t agree to be bound by the modified Terms, then you may not use the Services.\n\nSECTION 13 \"DISPUTE RESOLUTION\" CONTAINS A BINDING ARBITRATION AGREEMENT AND\nCLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. If you are a user in the European\nEconomic Area (“EEA”), or any other country that does not allow such arbitration agreement, Section 13\ndoes not apply to you.\nIf you breach these Terms we may take action against you, including but not limited to terminating your\naccount. You acknowledge that Niantic has no obligation to, and will not, reimburse or refund you for\nServices lost due to involuntary suspension or termination of your account.\n2 Privacy\nOur Services are designed to enable you to interact in shared game worlds blended with information from\nthe real world. To provide the Services, we need information about you, and we only use your information\nwhere we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what\ninformation we collect, how we use it and what choices you have when you use our Services.\n3 Use of the Services\n3.1 Cheating\nNiantic prohibits cheating, and we constantly take steps to improve our anti-cheat measures. Cheating\nincludes any action that attempts to or actually alters or interferes with the normal behavior or rules of a\nService. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on\nbehalf of others:\nAccessing Services in an unauthorized manner (including using modified or unofficial third party\nsoftware);\nPlaying with multiple accounts for the same Service;\nSharing accounts;\nUsing any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or\nSelling or trading accounts.\nApps may not work on devices that Niantic detects or reasonably suspects to be cheating, and Niantic will\nnot provide support to players who attempt to cheat. You agree that Niantic may employ any lawful\nmechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms,\nincluding checking your device for the existence of exploits or hacking and/or unauthorized software. Please\nsee the Guidelines and our Privacy Policy for more information.\n3.2 Safe and Appropriate Use\nWhile you are using our Services, please be aware of your surroundings, and play and communicate safely.\nYou agree that your use of the Services is at your own risk, and that you will not use the Services to violate\nany applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not\nencourage or enable any other individual to do so.\nFurther, you agree that in conjunction with your use of the Services you will not make available any\nunlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit\ninaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.\nNiantic does not intend Apps to be medical or health devices, or provide medical or health advice.\n\n3.3 Your Interactions with Other People\nYou agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact\nwith other players and other people in the real world. You will not harass threaten or otherwise violate the\nlegal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property\nor location where you do not have a right or permission to be, and will not otherwise engage in any activity\nthat may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with\nany third party relating to your use of Services, you release Niantic (and our officers, directors, agents,\nsubsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and\nconsequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and\nundisclosed, arising out of or in any way connected with such disputes.\n3.4 Eligibility and Account Registration\nIf you want to use certain Services, you will have to create an account with us (an \"Account\"), and you\nwill also need access to a supported mobile phone and an Internet connection. The help centers at Niantic\nGame Resources contain a list of supported devices. We do not support rooted or jailbroken devices.\nYou can create an Account using (a) your pre-existing Google account; (b) your pre-existing Facebook\naccount, (c) a Niantic Kids account, or (d) such other third-party accounts that we support, as selected by\nyou on the App account creation screen.\nYou agree that you won’t disclose your Account password to anyone and you will notify us immediately of\nany unauthorized use of your Account. Niantic takes its account security obligations seriously; however, you\nare responsible for all activities that occur under your Account, whether or not you know about them.\n3.5 Account Suspension or Termination\nWe may suspend or terminate your access to and use of the Services, at our sole discretion, at any time\nand without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud,\ncheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated\nwith your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will\nnotify you via the Services or in the App prior to termination of your Account.\nYou may terminate your Account at any time by visiting the App help centers. Upon termination of any\nServices or your Account, the following provisions of these Terms will survive: Content Ownership, Rights\nGranted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General\nTerms and this sentence on Termination.\n3.6 Who May Use Our Services\nUnless stated otherwise for a particular Service, children are not allowed to use the Services. A \"Child\" is\na person (a) under 13 years old (for residents outside of the EEA, except for the Republic of Korea); (b)\nunder 16 years old or such age needed to consent to the processing of personal data in their country of\nresidence (for residents of the EEA); or (c) under 14 years old (for residents of the Republic of\nKorea). Niantic Game Resources contains information on the age requirement for each of our Apps.\nFor Services that permit Child participation, parents or legal guardians (\"Parents\") must provide verified\nconsent. Parents can provide and verify their consent through the Niantic Kids Parent Portal, or through\nanother authorized third-party provider made available through the Service. Where Parental consent is\nrequired, Niantic recommends that Parents monitor the Child’s online activity and use of the Service.\nThe verification and consent process for Children is performed by one of several third-party providers\n(\"Verification Provider\"). The Parent must register with the Verification Provider before a Child may\n\nuse the Services. The Verification Provider will ask the Parent to verify their identity and to consent to the\ncreation of an Account for the Child. Upon receipt of Parent verification and consent, the Verification\nProvider will enable the Parent to create an Account for the Child. Parental consent applies exclusively to\nthe Service for which it has been granted.\nA Parent who wishes to rescind their previously-provided consent to a Child’s access to and use of the\nServices should follow the instructions for Account deletion, which can be found in the respective help\ncenters here.\nPurchases made through the Services are limited to Account holders who either (a) are the age needed to\nconsent to a contract in their country of residence; or (b) if younger, have the consent of a Parent to use\nthe Service. Parents can consult their device settings for the App to restrict in-App purchases by a Child,\nand should also monitor activity in their Child’s Account, including the purchase of Virtual Money or Virtual\nGoods.\nTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NIANTIC DECLINES ANY RESPONSIBILITY\nREGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION\nOF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO\nREGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE\nOF THE SERVICES BY YOUR CHILD.\n4 Limited License to Use\nSubject to your compliance with these Terms, Niantic grants you a limited, nonexclusive, nontransferable,\nnon-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such\ncopy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in\nthese Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the\nApps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse\nengineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple\nusers through any means. Niantic reserves all rights in and to the Apps not expressly granted to you under\nthese Terms.\n5 Content and Content Rights\nSubject to your compliance with these Terms, Niantic grants you a personal, noncommercial, nonexclusive,\nnontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the\nContent solely for your permitted use within the Services. \"Content\" means the text, software, scripts,\ngraphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features,\nworks of authorship of any kind, and information or other materials that are generated, provided, or\notherwise made available through the Services, including User Content. “User Content” means any\nContent a user of a Service provides to be made available through Services.\n5.1 Content Ownership\nNiantic does not claim ownership rights in User Content and nothing in these Terms restricts any rights\nthat you may have to use and exploit your User Content. Subject to the foregoing, Niantic and its licensors\nexclusively own all right, title, and interest in and to the Services and Content, including all associated\nintellectual property rights. You acknowledge that the Services and Content are protected by copyright,\ntrademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or\nobscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or\naccompanying the Services or Content.\n\n5.2 Rights Granted by You\nBy making any User Content available through the Services you grant to Niantic a nonexclusive,\ntransferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable\nlaw, a license for the whole duration, including for any extension thereof, of all relevant rights under any\napplicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform,\nmarket, promote and distribute your User Content in connection with operating and providing the Services\nand Content to you and to others. By accepting these terms, you allow Niantic to benefit freely from the\nabove rights, including but not limited to:\n1. The right to reproduce User Content by any means and in any form.\n2. The right to publicly or privately broadcast or make available the User Content (or any product\nincorporating the User Content), in return for payment or free of charge in all places by any means\nor process known or unknown at the present time, and in particular via Internet, pay per view, pay\nper play, theatrical or television broadcasting, DVD, and print.\n3. The right to use the User Content for demonstration, promotion and advertising for all Niantic\nServices.\n4. The right to produce or order the production of any new product or service from the User Content\nor from any product incorporating or exploiting the User Content, either reproduced as it stands or\nmodified by Niantic or by any outside party of its choice.\nYou are solely responsible for all your User Content. You represent and warrant that you own all your User\nContent or you have all rights that are necessary to grant us the license rights in your User Content under\nthese Terms. You also represent and warrant that neither your User Content, nor your use and provision of\nyour User Content to be made available through the Services, nor any use of your User Content by Niantic\non or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights,\nor rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent\npermitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights\nunder applicable laws), such as your right to be identified as the author of any of the User Contents, against\nNiantic or any third party designated by Niantic.\n5.3 Trading\nCertain Apps permit Account holders to capture and trade virtual items, including but not limited\ncharacters or other items (\"Trading Items\"), during gameplay. Unlike Virtual Money and Virtual Goods,\nTrading Items are obtained at no additional charge during gameplay. Trading Items are a category of\nContent, and you acknowledge that you do not acquire any ownership rights in or to Trading Items and that\nTrading Items do not have monetary value. Trading Items may be traded with other Account holders for\nother Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Money,\nVirtual Goods, “real” goods, “real” money, or “real” services, or any other consideration from us or anyone\nelse.\nYou agree that you will only obtain Trading Items from other Account holders and through means provided\nby Niantic, and not through any third-party platform, broker, or other mechanism, unless expressly\nauthorized. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the\ntermination of your Account or cancellation of such Trading Items. All Trading Items and other Content are\nprovided \"as is,\" without any warranty, except where prohibited under applicable law.\n5.4 Virtual Money and Virtual Goods\nCertain Apps permit the purchase of virtual currency (\"Virtual Money\"), specific to each App, and use of\nthat Virtual Money to purchase virtual items or services expressly available for use in the respective Apps\n(“Virtual Goods”). Virtual Money is a category of Content. You may access and purchase Virtual Goods\nfor your personal, non-commercial use of the Services. You acknowledge that you do not acquire any\n\nownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual\nMoney does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no\nmonetary value and do not constitute currency or property of any type. Virtual Money may be redeemed\nonly for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or\n“real” services from us or anyone else. You agree that you will only obtain Virtual Money and/or Virtual\nGoods from us and through means provided by us, and not from any third party unless expressly\nauthorized. Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to\nanother individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a\nviolation of these Terms and may result in cancellation of such Virtual Money or Virtual Goods or the\ntermination of your Account.\nDuring the term of your license to your Virtual Money, you may redeem your Virtual Money for selected\nVirtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided \"as is,\"\nwithout any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and\nthat we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the\ntransaction has been made.\nGenerally, we have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the\nContent, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we\ndiscontinue the use of Virtual Money or Virtual Goods, we will provide at least 60 days advance notice to\nyou by posting a notice through the Services or through other communications.\n5.5 Feedback\nYou can submit feedback, comments, and suggestions for improvements to the Services (\"Feedback\") by\nreaching out to us on social media or support channels. Feedback is a form of User Content.\n5.6 DMCA/Copyright Policy\nNiantic respects copyright law and expects its users to do the same. It is Niantic’s policy to terminate in\nappropriate circumstances Account holders who infringe or are believed to be infringing the rights of\ncopyright holders. Please see Niantic’s Copyright Policy for further information.\n6 Conduct, General Prohibitions, and Niantic’s Enforcement Rights\nYou agree that you are responsible for your own conduct and User Content while using the Services, and\nfor any consequences thereof. In addition, you agree not to do any of the following, unless applicable law\nmandates that you be given the right to do so:\ncollect, store or share any personally identifiable information of other users from the Services\nwithout their express permission;\nextract, scrape, or index the Services or Content (including information about users or gameplay);\nuse the Services or Content, or any portion thereof, for any commercial purpose or in a manner not\npermitted by these Terms, including but not limited to (a) gathering in-App items or resources for\nsale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps,\nor (c) selling, reselling, or renting the Apps or your Account;\nattempt to access or search the Services or Content or download Content from the Services\nthrough the use of any technology or means other than those provided by Niantic or other generally\navailable third party web browsers (including without limitation automation software, bots, spiders,\ncrawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);\nattempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide\nthe Services or Content;\n\nbypass, remove, deactivate, descramble, or otherwise circumvent any technological measure\nimplemented by Niantic or any of Niantic’s providers or any other third party (including another\nuser) to protect the Services or Content;\nuse, display, mirror, or frame the Services or any individual element within the Services, Niantic’s\nname, any Niantic trademark, logo, or other proprietary information, or the layout and design of any\npage or App without Niantic’s express written consent;\npost, publish, submit or transmit any Content that infringes, misappropriates, or violates a third\nparty’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights,\nor rights of publicity or privacy;\naccess, tamper with, or use nonpublic areas of the Services, Niantic’s computer systems, or the\ntechnical delivery systems of Niantic’s providers;\nattempt to probe, scan, or test the vulnerability of any Niantic system or network or Service, or\nbreach any security or authentication measures;\nuse any meta tags or other hidden text or metadata utilizing a Niantic trademark, logo, URL, or\nproduct name without Niantic’s express written consent;\nforge any TCP/IP packet header or any part of the header information in any email or newsgroup\nposting, or in any way use the Services or Content to send altered, deceptive, or false source\nidentifying information;\ninterfere with, or attempt to interfere with, the access of any user, host, or network, including,\nwithout limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;\ndelete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services\nor the Content;\nviolate any applicable law or regulation; or\nencourage or enable any other individual to do any of the foregoing.\nAlthough Niantic is not obligated to monitor access to or use of the Services or Content or to review or\nedit any Content, we have the right to do so for the purpose of operating the Services, to ensure\ncompliance with these Terms, and to comply with applicable law or other legal requirements. We reserve\nthe right to remove or disable access to any Content, at any time and without notice. Niantic may remove\nany Content we consider to be objectionable or in violation of these Terms. We have the right to\ninvestigate violations of these Terms or conduct that affects the Services. We may also consult and\ncooperate with law enforcement authorities to prosecute users and others who violate the law.\nANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT\nLIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR\nAPP, IS A BREACH OF NIANTIC’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL\nAND CIVIL LAWS.\n7 Participation in Events\n7.1 Event Registration and Tickets\nThe term \"Event(s)\" means any in-person event, gathering, activity or the like which is directly organized,\nhosted, or managed by Niantic, and any Promotion (as defined below). By registering or, where required,\npurchasing tickets for an Event, you represent and warrant that the information you provide is true and\naccurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you\nhave all necessary rights and consents to register and provide this information for others.\nSubject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of Event\ntickets are permitted and tickets are non-transferable. Reasonably acceptable proof of identity, for example\na driver’s license or passport, showing the same first and last name as those provided at time of prior\n\nregistration, may be required to access an Event. Actual or attempted resale of tickets subjects them to\nrevocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or\ncounterfeit and may not be honored. Tickets cannot be replaced if lost, stolen or destroyed. Commercial\nuse of tickets is prohibited without written approval from Niantic. Tickets are not redeemable for cash or\ncredit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating\nthese restrictions are subject to cancellation without notice or refund. Events may have limited space and/or\navailability and Niantic does not guarantee your ability to purchase a ticket or attend an Event.\nUnless otherwise prohibited under applicable law, by attending an Event you acknowledge that Niantic will\nuse your data collected pursuant to the Privacy Policy for providing Event features (both in person and\nonline), including contacting you and giving you updates about the Event, mailing you\nrequired materials (e.g., a QR wristband), providing emergency or severe weather\nnotifications, or public Event leaderboards and gameplay competitions.\n7.2 Event Conduct and Policies\nYou shall at all times comply with all applicable laws and any rules and policies provided by Niantic or any\nother authorized party involved in creating or delivering the Event, including all health and safety policies\nand procedures and all reasonable instructions of the venue staff and Niantic representatives at the Event.\nAs a condition of participation, you agree to comply with all policies on the Sites, including, without\nlimitation, any applicable Event website.\nIllicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. You agree\nand consent to reasonable security precautions and search on entry. To the fullest extent permitted by\napplicable law, you waive and release Niantic and any other party involved in creating or delivering the Event\nfrom any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out\nof, result from, or relate in any way to such security precautions and/or searches. If you elect not to\nconsent to such security precautions and searches, you may be denied entry, or removed from, an Event\nwithout refund or other compensation.\nNiantic and its authorized third parties reserve the right to refuse admission to, or to remove from an\nEvent without refund or compensation of any kind, any person that (a) does not comply with these Terms,\n(b) engages in disorderly conduct or willful misconduct, or (c) Niantic or its authorized third parties believe\nwill cause a negative effect on the Event, participants, spectators, and/or personnel.\nAny minor attending an Event must be accompanied by a Parent.\n7.3 Assumption of Risks\nUnless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an\nEvent, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the\nEvent, including injury by any cause and damage, loss, or theft of property. You acknowledge that Events,\nand certain activities at Events, have inherent and unforeseen risks, including but not limited to (a) contact\nor collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface\nhazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected\nequipment failure), (d) weather related hazards, (e) inadequate first aid and/or emergency measures, (f)\njudgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or\nspectator behavior or errors in judgment by personnel at the Event), and (g) natural hazards (e.g., uneven or\ndifficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before\nattending or participating in an Event and its activities, for example consulting with a personal physician and\nensuring you are in good physical health, wearing appropriate attire, and bringing necessary or\nrecommended supplies. You further understand and acknowledge it is your responsibility to inspect the\nEvent grounds, facilities, equipment and areas to be used, and that by participating in the Event, you\nacknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and\n\nacceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks,\nyou agree to immediately notify appropriate personnel and cease participation in the Event.\nTo the extent permitted under applicable law, you hereby waive and release Niantic and any other party\ninvolved in creating or delivering the Event from any and all claims, demands, causes of action, damages,\nlosses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or\nparticipation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to\npersons or property and the actions of third parties or Event participants and spectators.\n7.4 Event Features and Cancellation\nSubject to applicable law, all schedules and any live or in-game experiences, activities, goods, services, perks,\nitems, rewards and/or Content (collectively \"Event Features\") advertised in connection with an Event\nare not guaranteed and are subject to change and/or cancellation at any time prior to or during an Event\nwithout notice or compensation of any kind. Admittance to an Event does not guarantee any specific Event\nFeatures while at the Event.\nEvent date, time and/or location are subject to change at any time, and Niantic will make a commercially\nreasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or\nrescheduled and you are not able to attend, you will not be entitled to any compensation other than a\nrefund of the ticket price at its face value with no further liability or compensation from Niantic or any\nother party. Any travel or accommodation costs incurred are entirely your responsibility.\n7.5 Recordings and Use of Likeness\nYou consent to and approve of Niantic’s recording of your image, likeness, name, dialogue, biographic\ninformation, personal characteristics, and voice at Events and the royalty free use of this information subject\nto the same \"Rights Granted by You\" above. Niantic may publish the results of any competitions (including\nrankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing\nmaterials and on social media in accordance with these Terms.\n8 Sweepstakes, Contests, Raffles, Surveys And Similar Promotions\nPeriodically, Niantic and/or its partners may organize sweepstakes, contests, raffles, surveys, games, and\nsimilar promotions on the Services (each a \"Promotion\"). In addition to these Terms, Promotions will be\nsubject to particular terms which we shall communicate to you at the time of these Promotions\n(“Promotional Terms”). By participating in any Promotion, you will become subject to those\nPromotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these\nTerms. Niantic urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and\nany Promotional Terms, governs any information you submit in connection with such Promotions.\n9 Beta Programs\nNiantic may offer you early access to certain pre-release mobile application software (\"Beta Software\")\nin order to allow you to test and provide feedback on Beta Software as part of Niantic’s beta testing\nprogram (“Beta Program”). This Section only applies to closed Beta Programs, where\nNiantic offers private access to selected testers. This Section does not apply to open\nbetas that Niantic makes publicly available on an app store.\nYou acknowledge that any product features or content, game documentation, promotional materials and/or\nany other information that Niantic may provide to you in connection with the Beta Program (\"Test\n\nMaterials\"), the Beta Software, as well as everything related to the Beta Program is the exclusive property\nof Niantic, is confidential, and should be treated as confidential until such time as Niantic releases it.\nIf Niantic offers you access to the Beta Software, then, subject to your compliance with these Terms,\nNiantic grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta\nSoftware solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta\nProgram.\nWithout limiting the foregoing and except as prohibited under applicable law, the following are prohibited\nand you may not:\ncopy, modify, or create derivative works based on the Beta Software;\ngive or sell the Beta Software to anyone;\nreverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of\nthe Beta Software;\ninstall the Beta Software on systems you don’t directly control or that you share with others;\ndiscuss the Beta Software with or demonstrate it to anyone outside of Niantic;\nblog, tweet, or otherwise publicly post information about the Beta Software;\ntake screenshots, photos, videos, or audio recordings of the Beta Software unless Niantic has allowed\nyou to do so in writing; or\nmake Beta Feedback (as defined below) available to any third party, unless approved by Niantic in\nwriting and in advance.\nBe careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph\nthe Beta Software. Please notify Niantic promptly of any unauthorized access or of any suspected breach of\nyour account’s security.\nNiantic may collect your comments, suggestions, and feedback on the Software, and may also track your use\nof the Software through analytic tools, in accordance with Niantic’s Privacy Policy. All such comments,\nsuggestions, feedback, and analytic data (collectively, the \"Beta Feedback\") is the exclusive property of\nNiantic.\nYou understand and agree that participation in the Beta Program is voluntary and does not create a legal\npartnership, agency, or employment relationship between you and Niantic, and you will not be compensated\nfor your participation or any Beta Feedback. \nUnless prohibited by applicable law, all Test Materials are provided to you \"as is\" without any explicit or\nimplicit warranty of any kind. You understand that the Beta Software is in development and may contain\nerrors, bugs, and other problems that could cause loss of data and/or system failure. You should install the\nBeta Software on non-production devices that are not business critical and have been backed up. To the\nextent permitted under applicable law, Niantic is not liable in any way for any damages you might incur as a\nresult of your participation in the Beta Program.\nYou agree that any breach of your confidentiality obligation will result in irreparable harm to Niantic, the\nextent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy.\n Accordingly, you agree that in the event you breach your confidentiality obligation, Niantic will be entitled\nto injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies\nwhich it may have available.\n10 Third Party Websites or Resources\nServices may contain links to third party websites or resources. Niantic provides these links only as a\nconvenience and is not responsible for the content, products, or services on or available from those\n\nwebsites or resources, or links displayed on such websites. To the extent permitted under applicable law,\nyou acknowledge sole responsibility for and assume all risk arising from, your use of any third party\nwebsites or resources.\nNiantic is not responsible for the availability or quality of third party services, including cell phone networks,\nhotspots, wireless internet and other services. Such third party services may affect your ability to utilize the\nServices or participate in an Event and you hereby waive and release Niantic and any other party involved in\ncreating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or\nliability which may arise out of, result from, or relate in any way to such third party services.\n11 Disclaimer of Warranties\nTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE\nPROVIDED \"AS IS,\" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING,\nWE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR\nPURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT\nOF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES\nWILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR\nERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY,\nTIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.\nYOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND\nINTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH\nWHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU\nUNDERSTAND THAT NIANTIC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF\nANY USERS OF THE SERVICES. NIANTIC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO\nTHE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS\nIN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND\nWITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF\nYOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.\n12 Limitation of Liability\nTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIANTIC NOR ANY OTHER\nPARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL\nBE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR\nCONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE\nINTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE\nSERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR\nINABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS,\nINTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM\nYOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER\nBASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR\nANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIANTIC HAS BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO\nHAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE\nEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO\nTHE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED\nBY LAW IN THE APPLICABLE JURISDICTION.\nTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NIANTIC’S TOTAL\nLIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE\nUSE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS\n\n($1000), OR, IF CONTRACTING WITH NIANTIC INTERNATIONAL LIMITED, ONE THOUSAND\nPOUNDS (£1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE\nFUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NIANTIC AND YOU.\n13 Dispute Resolution\nYOU AGREE THAT DISPUTES BETWEEN YOU AND NIANTIC WILL BE RESOLVED\nBY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT\nTO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN\nANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.\nTHIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR\nANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT,\n(2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE \"ARBITRATION\"\nSECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED IN\nSECTION 13.1, “ARBITRATION,” BELOW.\n13.1 Arbitration\nIf you live in the US or another jurisdiction which allows you to agree to arbitration, you and Niantic agree\nthat any disputes will be settled by binding arbitration, except that each party retains the right: (a) to bring\nan individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of\ncompetent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a\nparty’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action\ndescribed in this clause (b), an \"IP Protection Action\"). Notwithstanding this arbitration agreement,\nNiantic reserves the right to bring an action in any court of competent jurisdiction against you to stop\nand/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location)\nof its IP, products, and Services.\nWithout limiting the preceding paragraph, you will also have the right to litigate any other dispute if you\nprovide Niantic with written notice of your desire to do so by email\nto [email protected] within thirty (30) days following the date you first accept these Terms\n(such notice, an \"Arbitration Opt-out Notice\"). If you don’t provide Niantic with an Arbitration Opt-\nout Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived\nyour right to litigate any dispute except as expressly set forth in clauses (a) and (b) above. Further, unless\nboth you and Niantic otherwise agree in writing, the arbitrator may not consolidate more than one person’s\nclaims, and may not otherwise preside over any form of any class or representative proceeding. If this class\naction waiver is held unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as\nprovided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these\nTerms. If the terms of this Section 13.1 “Arbitration” are found unenforceable as to any claim for relief, that\nclaim must be severed from the arbitration and brought pursuant to Section 13.6, “Governing Law and\nExclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have\nexclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b)\nresolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim\nthat all or any part of it is void or voidable.\n13.2 Arbitration Rules\nThe arbitration will be administered by the American Arbitration Association (\"AAA\") in accordance with\nthe Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the\n“AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules\nare available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal\nArbitration Act will govern the interpretation and enforcement of this Section.\n\n13.3 Arbitration Process\nA party who desires to initiate arbitration must provide the other party with a written Demand for\nArbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration) The single\narbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the\nparties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within\nfourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in\naccordance with the AAA Rules.\n13.4 Arbitration Location and Procedure\nUnless you and Niantic otherwise agree, the arbitration will be conducted in a confidential manner, in the\ncounty where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted\nsolely on the basis of the documents that you and Niantic submit to the arbitrator, and there will be no\nother discovery conducted (such as depositions), unless the arbitrator determines that a hearing is\nnecessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.\nSubject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of\ninformation by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the\narbitrator’s discretion, absent a showing of good cause, in no event shall the parties be allowed more than\nthree (3) depositions per side, and there will be no corporate deposition of the type contemplated by\nFederal Rule of Civil Procedure 30(b)(6) and California Code of Civil Procedure 2025.230.\n13.5 Arbitrator’s Decision\nThe arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s\ndecision will be treated as confidential, and will include the essential findings and conclusions upon which\nthe arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any\ncourt of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of\nSection 12 \"Limitation of Liability\" as to the types and amounts of damages for which a party may be held\nliable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the\nextent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration,\nyou will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable\nlaw. Niantic will not seek, and hereby waives, all rights it may have under applicable law to recover\nattorneys’ fees and expenses if it prevails in arbitration.\n13.6 Governing Law and Exclusive Venue\nTo the extent that these Terms allow you or Niantic to initiate litigation in a court, other than for small\nclaims court actions, both you and Niantic agree to the exclusive jurisdiction of and venue in the state and\nfederal courts located in the Northern District of California. Each of the parties hereto waives any\nobjection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed\nby the laws of the State of California, excluding its conflicts-of-law rules. If you are resident in a member\nstate of the EEA or a country in which this clause is prohibited by local law, this section does not apply to\nyou, and does not deprive you of the protection of the mandatory provisions of the consumer protection\nlaws in your country.\n13.7 Fees\nOur responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the\nAAA Rules. However, if your claim for damages does not exceed $75,000, Niantic will pay all such fees\nunless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for\nArbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth\nin Federal Rules of Civil Procedure 11(b)).\n\n13.8 Changes to Dispute Resolution\nNotwithstanding the provisions of the \"Changes to Terms or Services\" section above, if Niantic changes this\n“Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent\nchanges to these Terms), you may reject any such change by sending us written notice (by email\nto [email protected]) within thirty (30) days of the date such change became effective, as\nindicated in the “Last Updated” date above or in the date of Niantic’s email to you notifying you of such\nchange. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and\nNiantic in accordance with the provisions of this “Dispute Resolution” section as of the date you first\naccepted these Terms (or accepted any subsequent changes to these Terms).\n14 General\n14.1 Entire Agreement\nThese Terms constitute the entire and exclusive understanding and agreement between Niantic and you\nregarding the Services and Content, and these Terms supersede and replace any and all prior oral or\nwritten understandings or agreements between Niantic and you regarding the Services and Content.\n14.2 Severability\nIf any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the\nmaximum extent permissible and the other provisions of these Terms will remain in full force and effect.\nYou may not assign or transfer these Terms, by operation of law or otherwise, without Niantic’s prior\nwritten consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.\nNiantic may freely assign or transfer these Terms without restriction, and the transferor or assignor shall\nnot remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the\nbenefit of the parties, their successors and permitted assigns.\n14.3 Force Majeure\nNeither Niantic, any user, nor any other party involved in creating, producing, or delivering the Services or\nContent shall be liable with respect to any damages, injuries, nonperformance or delay in performance by\nreason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure,\ngovernmental order or regulation, trade dispute,or any other cause beyond its respective control.\n14.4 Notice\nAny notices or other communications provided by Niantic under these Terms, including those regarding\nmodifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made\nby email, the date of receipt will be deemed the date on which such notice is transmitted to any email\naddress Your provided.\n14.5 Waiver\nNiantic’s failure to enforce any right or provision of these Terms will not be considered a waiver of such\nright or provision. The waiver of any such right or provision will be effective only if in writing and signed by\na duly authorized representative of Niantic. Except as expressly set forth in these Terms, the exercise by\neither party of any of its remedies under these Terms will be without prejudice to its other remedies under\nthese Terms or otherwise.\n14.6 Contact Information\n\nIf you have any questions about these Terms or the Services, please contact Niantic\nat [email protected] or 1 Ferry Building Suite 200, San Francisco, CA 94111.\n15 Terms Specific to Residents of the Republic of Korea\n15.1 Purchases by End Users in the Republic of Korea\nIf you live in the Republic of Korea, the E-Commerce Act provides you with certain rights to refunds within\nseven (7) days of purchase. However, please note that once you exchange Virtual Money for Virtual Goods\nwithin the App, a refund will no longer be available. We reserve the right to control, regulate, change, or\nremove any Virtual Money or Virtual Goods as permitted under applicable law without any liability to you.\n16 Terms Specific to Residents of the EEA\n16.1 Purchases and Refunds Services\nIf you live in the EEA, you have certain rights to withdraw from online purchases. However, please note\nthat once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase\nof Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal\nonce your purchase is complete. If you live in the EEA, we will provide you with a VAT invoice when we are\nrequired to do so by law. You agree that these invoices may be electronic in format. We reserve the right to\ncontrol, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.\n17 Terms Specific to Residents of Germany\n17.1 Limitation of Liability\nIn the event of intentional or gross negligence, including by its representatives and vicarious agents\n(Erfüllungsgehilfen), either Party shall be liable according to statutory provisions. The same shall apply in the\nevent of culpably caused damages resulting from an injury to life, body or health, in the event of damages\nresulting from a violation of a guarantee as to quality (Beschaffenheitsgarantie), as well as in the event of\ndefaults concealed fraudulently (arglistig verschwiegene Mängel).\nIn the event of damages to property and financial damages (Sach- und Vermögensschäden) caused by slight\nnegligence of either Party, its representatives or vicarious agents, such Party shall be liable only in the event\nof a violation of a contractual core duty (wesentliche Vertragspflicht), however limited to the amount of the\ndamage which was foreseeable at the time of conclusion of the contract and typical taking into account the\nnature of the contract (vorhersehbarer und vertragstypischer Schaden). Contractual core duties are such duties\nwhose accomplishment enables proper fulfilment of an agreement and whose observance the contracting\nparties may and do regularly rely on.\nInsofar as statutory limitations of liability acc. to Sec. 521, 599 German Civil Code apply to the provision of\nservices free of charge, they remain unaffected by the aforementioned provisions.\nLiability based on the German Product Liability Act shall remain unaffected.\nAny further liability of either Party other than set out above shall be excluded.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"SQUARE ENIX","url":"https://www.square-enix-games.com/en_EU/documents/tnc","lang":"ENG","sector":"Games","hq":"Japan","hq_category":"Other","is_public":"Public","is_paid":"Optionally paid","date":"12.03.2021"},"document":{"title":"","text":"The following Square Enix Terms of Service (“Terms of Service”) explain the conditions\nthat apply when you use our various games, software, products, services, websites,\naccounts, applications, online stores, features, content, and activities (the “Services,” and\neach a “Service”). These Terms of Service govern your use of any Service that posts or\nlinks to these Terms of Service or is owned, controlled, or published by or for: Square\nEnix, Inc.; Square Enix LLC; Square Enix Limited; Crystal Dynamics, Inc.; Eidos\nInteractive Corp.; or their subsidiaries (“Square Enix,” or “we,” “our,” or “us”). In addition\nto these Terms of Service, separate guidelines, rules, or terms of service or sale\n(“Additional Terms”) may apply to your use of a particular Service. Where applicable,\nthese Additional Terms will be made available to you before you start using any Service\nfor which they are relevant. To the extent there is a conflict between these Terms of\nService and any Additional Terms, the Additional Terms will control unless expressly\nstated otherwise. Certain Services we offer are not governed by these Terms of Service,\nbut rather by separate terms of service and other policies that shall be notified to you\nwhen you access or use such Services. In the absence of any notification that such\nalternative terms apply, these Terms of Service shall govern.\nBefore using the Services, you must read and accept these Terms of Service and any\nAdditional Terms, and you acknowledge that you have read and understand the Square\nEnix Privacy Notice. If you do not agree to these Terms of Service or any Additional\nTerms, please uninstall and discontinue use of the Services.\nMANY TYPES OF DISPUTES THAT MAY ARISE IN CONNECTION WITH YOUR\nACCESS TO OR USE OF THE SERVICES MAY BE SUBJECT TO MANDATORY\nARBITRATION. PLEASE READ THE ARBITRATION PROVISIONS IN SECTION 14 OF\nTHESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.\n1. Region\nThese Terms of Service are a contract between you and the Square Enix affiliate for your\ngeographical region identified below (“Region”):\nFor the “American Region,” Square Enix means Square Enix, Inc., 999 N. Pacific\nCoast Highway, 3rd Floor, El Segundo, CA 90245, United States. You are in the\nAmerican Region if you are in: North America; South America; Central America;\nAmerican Samoa; Guam; the United States Minor Outlying Islands; or the Caribbean.\nFor the “EMEA-Asia Region,” Square Enix means Square Enix Limited (Co. No.\n01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom. You are in the\nEMEA-Asia Region if you are in Europe, the Middle East, Africa, Asia, or any other\nterritory not identified in this Section 1.\nNotwithstanding the foregoing, you may not use the Services if you are located in a\nterritory in which use of the Services is prohibited by applicable law or these Terms of\nService.\n2. Limited License\nSquare Enix and its licensors own and reserve all rights, title, and interest in the Services\nand the associated intellectual property in the Services, including audio-visual elements\nand other copyrightable materials (such as the “look and feel” of the Services);\ntrademarks, logos, trade names, service marks, and trade identities of Square Enix and\n\nour licensors; patentable subject matter; and any other forms of intellectual property.\nSubject to your continuing compliance with these Terms of Service, Square Enix grants\nyou a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-\ntransferable license to use the Services for your personal, non-commercial use. Square\nEnix may immediately suspend or terminate the availability of some or all of the Services\nfor any reason, in Square Enix’s sole discretion, without advance notice or liability.\n3. Use Restrictions\nIn order to use the Services, you must not do any of the following: (i) violate any\napplicable law or regulation; (ii) use the Services for commercial or political purposes; (iii)\ncopy, scrape, reproduce, redisplay, reverse engineer, decompile, hack, or modify the\nServices, including any server or network used to provide the Services (except to the\nextent enforcement of the foregoing is prohibited by applicable law); (iv) access or attempt\nto access an Account (defined below) that does not belong to you; (v) interfere with\nanother user’s use of the Services; (vi) cheat or create an unfair advantage in the\nServices or any other Square Enix games or services; (vii) create, develop, modify,\ndistribute, use, promote, advertise, sell, commercialise, or otherwise exploit any\nunauthorised software, service, tool, or scheme to cheat or create an advantage in any\noffline, online, or multiplayer modes of the Services or any Square Enix games or\nservices; (viii) interfere with any security feature of the Services; (ix) use an unauthorised\nserver to emulate or access the Services; (x) intercept, mine, or collect information from\nthe Services or its users without authorisation; (xi) violate the intellectual property rights or\nother rights of Square Enix or others; or (xii) remove any trademark, copyright, or other\nintellectual property notice. We may immediately suspend or terminate your access to the\nServices if you violate any of these restrictions, or if you otherwise violate these Terms of\nService.\n4. Use of the Services by Children\nThe Services are not directed to children under the age of thirteen (13), and Square Enix\nwill not knowingly collect personal information from anyone under the age of thirteen (13)\n(or other applicable minimum age in your place of residence) without obtaining verifiable\nexplicit parental consent as may be required by law. Children over the age of thirteen (13)\n(or other applicable minimum age in your place of residence) but under the age of\neighteen (or other applicable age of majority in your place of residence) must obtain\nconsent from their parent or guardian before using the Services. Where applicable,\ninteractive video games (“Games,” and each a “Game”) offered through the Services\ncarry a voluntary or mandatory age rating identified on the packaging and in online\ninformation. You agree not to play, or to allow others to play, a particular Game if doing so\nwould violate the applicable minimum age rating in your jurisdiction. Parents and\nguardians of children under the age of eighteen (or the applicable age of majority in your\nplace of residence) should read these Terms of Service carefully before allowing children\nto use the Services.\n5. Account Registration\nSome features of the Services may require you to register an account with Square Enix\n(“Account”). You are responsible for maintaining the security of your Account and for all\nactivity that occurs on your Account. When registering an Account, you agree to the\nfollowing: (i) you will not use a username or email address that impersonates or\n\npersonally identifies another person or entity; (ii) you will provide and maintain accurate\ninformation; and (iii) you will not sell your Account to a third party or let any other person\nuse your Account. Square Enix may suspend or terminate your Account at any time and\nfor any reason, including if Square Enix believes you have violated these Terms of\nService. Notwithstanding the foregoing, if you live in France then Square Enix will provide\nyou at least thirty (30) days’ notice before terminating your Account.\nIf you have registered an Account and wish to terminate it, please contact the applicable\ncustomer support center for your Region as provided below in Section 11. Upon\ntermination of your Account for any reason, Square Enix reserves the right to delete the\nAccount permanently.\n6. Virtual Credits\nSquare Enix may allow you to use “Virtual Credits” to redeem certain digital items and\nonline services. Virtual Credits may have different names, such as, “Crysta®,” “coins,”\n“points,” or “gold.” Virtual Credits are not currency or property and have no monetary\nvalue. Square Enix retains all ownership of Virtual Credits and has the absolute right to\nmanage and change Virtual Credits and all licenses for digital items and services\nredeemed using Virtual Credits. Your use of Virtual Credits is subject to a personal, non-\ncommercial, non-exclusive, non-assignable, non-sublicensable, non-transferable,\ncancelable license. Except where explicitly authorized by Square Enix, exchanging,\nseeking to exchange, or facilitating the exchanging of Virtual Credits or other virtual items\nfor money or any other form of property is strictly forbidden and considered a breach of\nthese Terms of Service.\nWhere permitted by Square Enix, you may add Virtual Credits to an Account by using the\napplicable payment methods for the platform you are using to access the Services.\nSquare Enix reserves the right to adjust the price for Virtual Credits at any time, in its sole\ndiscretion, without notice or reimbursement. You are responsible for the payment of any\ntaxes or other charges relating to the purchase or redemption of Virtual Credits. Except as\nwhere may be required by law, you have no right to receive a refund for unused Virtual\nCredits.\nUnless you live in the European Union, or have acquired or use the Services in a country\nlocated in the European Union, you agree not to bring a lawsuit against Square Enix or\nour affiliates, service providers, or licensors arising out of or related to your use of Virtual\nCredits, including any claim based on a theory that you own Virtual Credits or any related\ndigital items or service; any modifications in the amount of Virtual Credits necessary to\nobtain a virtual item or service; or the removal of access to any virtual item or service,\nincluding as a result of Account termination.\n7. Purchases from Square Enix\nPurchases made through the Square Enix Online Store are not governed by these Terms\nof Service, but rather by the Terms and Conditions of Sale and other policies posted on\nthe website applicable to your Region (currently https://store.na.square-enix-\ngames.com/ for the American Region and https://store.eu.square-enix-games.com/ for the\nEMEA-Asia Region). If you made a purchase on the Square Enix Online Store and have\nquestions about the terms and conditions applicable to your purchase, including whether\nyou have the right to cancel an order or request a refund, please visit the appropriate\nSquare Enix Online Store website for your Region for more information.\n\nTo the extent not governed by the aforementioned Terms and Conditions of Sale and\nother policies posted on the Square Enix Online Store website, or by other Additional\nTerms, and without affecting your rights as a consumer under local law, the following\nterms shall apply to purchases you make directly from Square Enix. If you place an order\nwith Square Enix, we may, solely in our discretion, reject your order or limit the quantity of\nproducts you may purchase. We may also require additional information from you before\naccepting your order. If we accept your order, we will email you a confirmation notice\nproviding relevant details on the purchase and a binding contract will form between you\nand us. If we are unable to accept your order because a product is not available, we may\nnotify you when it becomes available again (subject to your consent).\nFor purchases made by customers resident outside of the EU:\nPhysical products are at your risk from the time of delivery, and download products are at\nyour risk from the time the download completes. Subject to your local law, you may not\ncancel an order for a physical product after you receive an order confirmation, and may\nnot cancel a digital product after you start downloading the product.\nFor purchases made by customers resident in the EU:\nThese are the terms and conditions on which Square Enix provides products to you,\nwhether these are goods or digital content.\nOrders for goods: After placing an order for goods, you will have a period of fourteen (14)\ndays after the date that you receive the goods to cancel your order without giving any\nreason. This right will be lost if the goods are sealed audio or sealed video recordings or\nsealed computer software and these goods are unsealed after you receive them.\nOrders for digital content: After placing an order for digital content, you will have a period\nof fourteen (14) days from the date on which your order was placed to cancel your order\nwithout giving any reason. This right shall be lost if you have begun downloading or\nstreaming the digital content. If we delivered the digital content to you immediately, and\nyou agreed to this when placing your order, you will not be able to cancel.\nIf you wish to exercise your cancellation right, you can contact Square Enix\nat http://support.eu.square-enix.com to send us the model cancellation form below.\n- To Square Enix Limited, 240 Blackfriars Road, London, SE1 8NW United Kingdom: - I\nhereby give notice that I withdraw from my contract for the following:\n[INSERT ORDER ID AND NAME OF PRODUCT] - Ordered on [INSERT DATE] / received\non [INSERT DATE]\n- Name of consumer\n- Address of consumer\n- Date - Account ID\n- Email address associated with purchase/Account\nYou must send your communication within the applicable fourteen (14) day period for your\ncancellation to be effective. We will refund the applicable method you used for payment\nwithin fourteen (14) days of being notified of your wish to cancel in respect of digital\ncontent, or within fourteen (14) days from receipt of the returned products in respect of\ngoods.\nWhere you have purchased a recurring subscription to one of our Services, you agree that\nSquare Enix will process recurring payments automatically. Your subscription will continue\nto renew until you cancel your subscription. Unless stated otherwise, prices do not include\ndelivery charges and certain other applicable fees, which will be disclosed to you before\nyou place your order. Depending on the destination, products may be subject to additional\n\nimport duties, taxes, or levies, and you are responsible for the payment of all such\ncharges. If you purchase a download product, you are responsible for any costs\nassociated with downloading and accessing the product.\nNOTHING IN THESE TERMS OF SERVICE AFFECTS YOUR RIGHTS AS A\nCONSUMER UNDER LOCAL LAW, INCLUDING YOUR RIGHT IN CERTAIN\nJURISDICTIONS TO CANCEL AN ORDER OR RECEIVE A REFUND FOR A PRODUCT\nTHAT IS DEFECTIVE OR NOT AS DESCRIBED TO YOU. Where applicable, we will\nprovide you with details regarding your statutory cancellation rights, and an explanation of\nhow to exercise them, in the order confirmation.\n8. User-Generated Content\nSquare Enix may offer you the opportunity to upload, transmit, or otherwise make\navailable on the Services content you have created (“User-Generated Content”). Subject\nto your local law, you grant Square Enix the unrestricted, worldwide, irrevocable,\nperpetual, and cost-free right to use, copy, modify, distribute, disclose, sell, sublicense,\ndisplay, publicly perform, publish, broadcast, translate, make derivative works of, promote,\nand otherwise exploit your User-Generated Content without any compensation, notice, or\nattribution to you, and to allow other third parties to do the same. To the maximum extent\npermitted by your local law, you waive any moral rights you have in User-Generated\nContent.\nYou are solely liable for your User-Generated Content and submit it at your own risk.\nWhen you submit User-Generated Content, you agree that: (a) you are the sole author\nand owner of the rights to the User-Generated Content and are able to grant such rights\nwithout creating any obligation or liability to Square Enix or any third party; (b) the User-\nGenerated Content does not infringe any intellectual property right or other right (including\nrights of privacy or publicity) of any third party; (c) the User-Generated Content will not\ncause injury or harm to Square Enix or any third party; and (d) the User-Generated\nContent does not violate these Terms of Service.\nSquare Enix may—but does not have an obligation to—delete, remove, edit, or refuse to\npost User-Generated Content in our sole discretion. We do not accept any liability for\nremoving, or not removing, any User-Generated Content.\n9. Procedure for Alleging Copyright\nInfringement under the DMCA\nIf you believe that any content available on the Services violates a copyright, you may\nnotify Square Enix as set forth in the U.S. Digital Millennium Copyright Act of 1998. To do\nso, please send us a notice that includes the following information:\na legend or subject line that says “DMCA Copyright Infringement Notice”;\na description of the copyrighted work that you claim has been infringed or, if multiple\ncopyrighted works are covered by a single notification, a list of such works;\na description of where the material that you claim is infringing or is the subject of\ninfringing activity is located that is reasonably sufficient to permit us to locate the\nmaterial;\n\nyour name, address, telephone number, and email address;\na statement by you that you have a good-faith belief that use of the material in the\nmanner complained of is not authorized by the copyright owner, its agent, or the law;\na statement by you, made under penalty of perjury, that all the information in your\nnotice is accurate and that you are the copyright owner (or, if you are not the\ncopyright owner, that you are authorized to act on behalf of the owner); and\nyour electronic or physical signature.\nAll DMCA notices must be sent to:\nSquare Enix\nAttn: Legal Department\n999 N. Pacific Coast Highway., 3rd Floor\nEl Segundo, CA 90245, United States\nEmail: [email protected].\nIf we receive a notice of copyright infringement that complies with the notice requirements\nin this Section 9, we will respond in accordance with our requirements under the U.S.\nDigital Millennium Copyright Act of 1998 (or other laws, if applicable). Please note that we\nmay share any information you provide in your notice with the allegedly infringing party.\nYou may be liable if you knowingly misrepresent that material or activity is infringing.\n10. Community Guidelines\nYou must comply with the following guidelines (“Community Guidelines”) when using our\nonline communities, uploading content on the Services (including User-Generated\nContent), or interacting with other users on the Services:\nYou must treat other people with respect. Cursing, harassing, stalking, threatening,\nand making insulting comments or personal attacks about other people is prohibited.\nYou must not use the Services to encourage hateful or illegal conduct, including\ncrimes against humanity, acts of terrorism, exploitation of children, acts of violence\nagainst women or any other person or group, attacks against another’s human\ndignity, or hatred of others based on their race, religion, national origin, gender, sex,\nsexual preferences, or disabilities.\nYou must not use the Services to distribute any content that is obscene,\npornographic, defamatory, hateful, or illegal, or that violates the intellectual property\nrights or other rights of any person or entity.\nRespect others’ privacy. You may not reveal another person’s name, address, phone\nnumber, email address, date of birth, social security number, credit card number,\nmedical information, financial information, likeness, or any other information that can\nbe used to identify another person.\nDo not impersonate another person or entity, misrepresent your identity or affiliation\nwith another person or entity, or otherwise make statements that are false, fraudulent,\nor deceptive.\nIf you discover any content or behaviour that violates this section or these Terms of\nService, or is otherwise illegal or infringing, please report it to us by contacting the\n\ncustomer service center designated for your Region in Section 11. Please note that we\nhave the right, but not the obligation, to monitor the Services, and we accept no liability for\ncontent or behaviour you encounter on the Services.\n11. Customer Service Requests\nFor questions and other customer service requests, please contact the relevant customer\nservice center below:\nFor the American Region: http://support.na.square-enix.com.\nFor the EMEA-Asia Region (other than China; Japan; Mongolia; Republic of Korea;\nTaiwan; Laos; Thailand; Hong Kong; Vietnam; the Philippines; Brunei; Malaysia;\nSingapore; Indonesia; Cambodia; or Macao) and for English language questions and\ncustomer service requests from outside the American\nRegion: http://support.eu.square-enix.com.\nFor China; Japan; Mongolia; Republic of Korea; Taiwan; Laos; Thailand; Hong Kong;\nVietnam; the Philippines; Brunei; Malaysia; Singapore; Indonesia; Cambodia; or\nMacao (aside from English language queries): http://support.jp.square-enix.com.\n12. Dealings with Third Parties\nA. Third-Party Software and Services. The Services may give you the option to\naccess third-party websites, software, services, advertisements, or other third-party\nmaterials. We do not endorse or control such third-party materials and we are not\nresponsible for your interactions with them. When accessing any third-party materials, you\nshould carefully read any applicable terms of service and privacy policies.\nB. Apple. If you are accessing or using an application that is operated or published by\nSquare Enix and posts or links to these Terms of Service through an Apple device running\niOS (“iOS App”), the following Additional Terms are applicable to you and are\nincorporated into these Terms of Service by this reference:\n(i) You acknowledge that these Terms of Service are concluded between you and Square\nEnix only, and that Square Enix, and not Apple, is responsible for providing the Services\nand any content thereof. (ii) You may only access an iOS App through Apple-branded\nproducts that you own or control and as permitted by the usage rules set forth in the App\nStore Terms of Service (currently available\nat http://www.apple.com/legal/itunes/uk/terms.html); provided that an iOS App may be\naccessed and used by other accounts associated with you via Family Sharing or volume\npurchasing. (iii) You acknowledge that Apple has no obligation to furnish any maintenance\nor support services to you with respect to any iOS App. To the extent that any\nmaintenance or support is required under applicable law, Square Enix, and not Apple, is\nobligated to provide such maintenance and support. (iv) In the event a warranty obligation\nis not disclaimed under these Terms of Service or Additional Terms and/or cannot be\ndisclaimed under applicable law, Square Enix, and not Apple, is responsible for providing\nsuch warranty. If an iOS App fails to conform to an applicable warranty, you may notify\nApple, and Apple will refund the purchase price for the iOS App. To the maximum extent\npermitted by applicable law, Apple will have no other warranty obligation whatsoever with\nrespect to an iOS App. (v) Notwithstanding anything to the contrary herein, you\nacknowledge that, solely as between Apple and Square Enix, Square Enix is responsible\nfor addressing any claims you may have relating to the Services, including: (a) product\n\nliability claims; (b) any claim that the Services fail to conform to any applicable legal or\nregulatory requirement; and (c) claims arising under consumer protection, privacy or\nsimilar legislation. (vi) If the Services are alleged to infringe a third party's intellectual\nproperty rights, Square Enix, and not Apple, is responsible for the investigation, defense,\nsettlement, and discharge of any such intellectual property infringement claims. (vii) You\nagree to comply with any third-party terms applicable to your use of an iOS App. (viii) You\nacknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries\nof these Terms of Service and that Apple has the right to enforce this Section 12(B)\nagainst you as a third-party beneficiary thereof.\nC. Microsoft. If you are accessing or using the Services through a Microsoft video\ngame platform or service (e.g., Xbox One, Xbox Live) the following Additional Terms are\napplicable to you and are incorporated into these Terms of Service by this reference:\n(i) To the maximum extent allowed by applicable law, Microsoft and its affiliates: (a) have\nno warranty obligations whatsoever with respect to the Services; and (b) have no liability\nto you for any claims or damages relating to the Services. (ii) Microsoft and its affiliates\nhave no obligation to provide you with any support for the Services or with any other\nadditional services. (iii) Nothing in these Terms of Service is intended to: (a) prevent or\nlimit your access to any software product intended for use on a Microsoft video game\nplatform, including with respect to any related updates or digital content; or (b) govern or\nchange in any way your relationship with Microsoft under Microsoft’s applicable\nagreements with you, including the Xbox Live terms of use.\nD. Sony. If you are accessing or using the Services through a PlayStation®4 or\nPlayStation®5 console, the following Additional Terms are applicable to you and are\nincorporated into these Terms of Service by this reference:\n(i) You acknowledge that these Terms of Service are a contract between you and Square\nEnix, and not an agreement between you and Sony Interactive Entertainment, Inc. or any\nof its affiliate companies (collectively “Sony”). Square Enix, and not Sony, is responsible\nfor the Services. (ii) You are granted a limited license to use the Services only on a\nsystem that you own or control or that delivers the Services to you via\nPlayStation™Network. (iii) Sony is considered a third-party beneficiary of Square Enix\nunder these Terms of Service. (iv) For users in Brazil, Canada, Mexico, or the United\nStates, the following additional terms apply:\nPurchase and use of items are subject to the Network Terms of Service and User\nAgreement. This online service has been sublicensed to you by Sony Interactive\nEntertainment America. (v) For users in Australia, Austria, Belgium, Croatia, the Czech\nRepublic, Denmark, Finland, France, Germany, Greece, India, Ireland, Israel, Italy,\nKuwait, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Russia,\nSaudi Arabia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, the United\nArab Emirates, the United Kingdom, or Ukraine, the following additional terms apply:\nAny content purchased in an in-game store will be purchased from Sony Interactive\nEntertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network\nTerms of Service and User Agreement which is available on the PlayStation™Store.\nPlease check usage rights for each purchase as these may differ from item to item.\nUnless otherwise shown, content available in any in-game store has the same age rating\nas the game.\n13. Wireless Features\n\nThe Services may allow you to access certain features via your wireless device, such as\nthe ability to upload content to the Services, receive messages from the Services, or\ndownload applications. Please note that your carrier may charge messaging, data, and\nother fees to use such wireless features, and may also prohibit you from using certain\nfeatures of the Services.\n14. Binding Arbitration and Waiver of\nClass Actions\nUnless you live in the European Union and/or are using the Services in the European\nUnion, or except where otherwise prohibited by your local law, the following Section 14\nshall apply to any controversy, allegation, or claim between you and Square Enix that\narises out of or relates to the Terms of Use or your use of the Services (collectively, a\n“Dispute”). If you are located in the European Union, you may submit a Dispute for online\nresolution to the European Commission Online Dispute Resolution platform, information\non which is currently available at the following link: https://ec.europa.eu/info/live-work-\ntravel-eu/consumers/resolve-your-consumer-complaint_en.\nIn the event of a Dispute, the aggrieved party shall send the other party a written notice\nthat includes the name, address, and contact information of the party giving notice, as well\nas a description of the Dispute and a proposed resolution. To notify Square Enix of a\nDispute, please send a notice to the physical mailing address for your Region as set forth\nabove in Section 1, with attention to the “Legal Department.” For a period of sixty (60)\ndays following a party’s receipt of notice of a Dispute, Square Enix and you shall attempt\nto resolve the Dispute informally. If you and Square Enix cannot resolve the Dispute within\nsixty (60) days, then the aggrieved party may initiate binding arbitration as the sole means\nto resolve the Dispute. WITH ARBITRATION THERE IS NO JUDGE OR JURY, THE\nARBITRATION IS SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND JUDICIAL\nREVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any arbitration proceeding\nshall be conducted by JAMS before one neutral arbitrator pursuant to JAMS’ Streamlined\nArbitration Rules and Procedures and subject to the applicable law and venue for your\nregion as set forth in Section 18(B) of these Terms of Service. The JAMS consumer\narbitration minimum standards will apply if you are a “consumer” as defined by JAMS,\nwhich includes the right to an in-person hearing in your hometown area. Where permitted\nby the arbitrator, Square Enix agrees that you may appear at an arbitration proceeding by\ntelephone. Discovery will be permitted pursuant to the applicable arbitration rules. All\nparties to the arbitration will have the right, at their own expense, to be represented by an\nattorney or other advocate of their choosing. You and Square Enix will pay the arbitration\nfees and other costs in accordance with the applicable arbitration rules. If applicable\narbitration rules or laws require Square Enix to pay a greater portion of such fees and\ncosts in order for this Section 14 to be enforceable, then Square Enix may pay such fees\nand costs and proceed to arbitration.\nThe arbitrator’s decision must consist of a written statement stating the disposition of each\nclaim of the Dispute and must provide a statement of the essential findings and\nconclusions on which the award (if any) is based. Judgment on the arbitration decision\nand award (if any) may be entered in or by any court that has jurisdiction over the parties.\nThis Section 14 does not preclude either party from seeking remedies in small claims\ncourt for Disputes within the scope of such court’s jurisdiction.\nThis Section 14 does not apply to any legal action taken by Square Enix to seek an\ninjunction or other equitable relief in connection with any actual or potential loss, cost, or\ndamage relating to the Services. Nor does this Section 14 apply to any controversy,\nallegation, or claim regarding the processing of personal information transmitted to\n\nSquare Enix in the United States from the European Union, European Economic Area, or\nSwitzerland (for any inquiry or complaint concerning any such transfer of personal\ninformation, please follow the procedures provided in the Square Enix Privacy Notice).\nDISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT\nBE CONSOLIDATED WITH ANY OTHER ARBITRATION OR OTHER PROCEEDING\nTHAT INVOLVES ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. In the\nevent this class action waiver is held to be illegal or unenforceable then our agreement to\narbitrate will not apply and the Dispute must be brought exclusively in court on an\nindividual basis.\nIf the arbitration provisions of this Section 14 are found to be unenforceable for any\nreason, you agree that the venue for any Dispute between you and us shall be the\napplicable court in Section 18(B) (based on your Region).\n15. Disclaimer of Representations and\nWarranties\nYOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SQUARE ENIX DISCLAIMS\nAND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES,\nINCLUDING WHETHER THE SERVICES: ARE FREE FROM VIRUSES OR OTHER\nMALICIOUS CONTENT; WILL INTEROPERATE OR BE COMPATIBLE WITH ANY\nTHIRD-PARTY HARDWARE OR SOFTWARE; WILL BE ERROR FREE,\nUNINTERRUPTED OR AVAILABLE AT ALL TIMES; WILL MEET YOUR\nREQUIREMENTS; OR ARE LAWFUL IN ANY PARTICULAR JURISDICTION. TO THE\nMAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX DISCLAIMS ALL EXPRESS\nOR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.\nSOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR\nOTHER WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT\nAPPLY TO YOU. IF YOU LIVE IN, HAVE BOUGHT, OR USE THE SERVICES IN A\nJURISDICTION THAT PROVIDES STATUTORY OR OTHER GUARANTEES UNDER\nAPPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT THOSE\nRIGHTS.\n16. Limitations of Liability\nTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ENIX AND\nITS EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS,\nAGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS,\nREPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE “SQUARE ENIX PARTIES”)\nARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY\nKIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL,\nPUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE\nTHE RESULT OF OR RELATED TO: (I) YOUR USE OF OR INABILITY TO USE THE\nSERVICES OR THE PERFORMANCE OF THE SERVICES; (II) GAMES, PRODUCTS,\nCONTENT, USER-GENERATED CONTENT, OR ANY OTHER FUNCTIONS,\nFEATURES, ELEMENTS, OR INFORMATION ON, REFERENCED AT, OR LINKED OR\nMADE ACCESSIBLE THROUGH THE SERVICES; (III) ANY ACTION TAKEN IN\nCONNECTION WITH AN INVESTIGATION BY THE SQUARE ENIX PARTIES OR LAW\nENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE\n\nSERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR\nOTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; (V)\nANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; (VI)\nANY DAMAGE TO YOUR OR ANOTHER PERSON’S DEVICE, HARDWARE,\nSOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE\nFROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR,\nOMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,\nCOMPUTER LINE, NETWORK FAILURE, OR ANY TECHNICAL OR OTHER\nMALFUNCTION; OR (VII) YOUR INABILITY OR FAILURE TO COMPLY WITH THESE\nTERMS OF SERVICE FOR ANY REASON. TO THE FULLEST EXTENT PERMITTED BY\nAPPLICABLE LAW, IN NO EVENT WILL THE SQUARE ENIX PARTIES’ TOTAL\nLIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF\nACTION, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SQUARE\nENIX OVER THE PRECEDING TWELVE (12) MONTHS. NOTHING IN THESE TERMS\nAFFECTS YOUR LEGAL RIGHTS IN YOUR PLACE OF RESIDENCE. IN THE EVENT\nOF A CONFLICT BETWEEN YOUR RIGHTS UNDER APPLICABLE LOCAL LAW AND\nTHESE TERMS OF SERVICE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL\nPREVAIL.\nIf you are located in the European Union, or in another jurisdiction that does not allow the\nexclusion or limitation of incidental or consequential damages of the sort that are\ndescribed in this Section 16, then such exclusions and limitations may not apply to you.\nNothing in these Terms of Service in any way limits our liability to you for: (i) death or\npersonal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii)\nbreach of any term implied by applicable law (including the Consumer Rights Act 2015 in\nthe United Kingdom) that may not be limited or excluded; or (iv) any other liability that, by\nlaw, may not be limited or excluded. Subject to this, in no event shall we be liable to you\nfor any business losses, and any liability we do have for losses you suffer arising from any\ncontract shall not, in respect of any twelve-month period as calculated from the date of\nthat contract, exceed the charges payable by you for the relevant Service in that twelve-\nmonth period or include any losses that were reasonably foreseeable. Losses are\nconsidered foreseeable where they could have been contemplated by you and us at the\ntime we accepted your order.\n17. Waiver of Injunctive and Other\nEquitable Relief\nIF YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES, THEY\nWILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION\nOR OTHER EQUITABLE RELIEF. THIS MEANS THAT, IN CONNECTION WITH YOUR\nCLAIM, YOU AGREE THAT YOU WILL NOT SEEK ANY COURT OR OTHER ACTION\nTHAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION\nOF ANY PRODUCT, GAME, SERVICE, OR OTHER INTELLECTUAL PROPERTY\nOWNED, LICENSED, USED, OR CONTROLLED BY SQUARE ENIX.\n18. Additional Provisions\nA. Updates to Terms of Service. Square Enix reserves the right to modify these\nTerms of Service at any time, including by posting updated terms on the Services (subject\nto applicable law). By continuing to use the Services after any such update you consent to\nthe changes to the Terms of Service. You may also be asked to affirmatively consent to\n\nupdates to these Terms of Service, and may be prevented from continuing to use the\nServices if you decline to accept such an update.\nB. Applicable Law and Venue. Except as stated otherwise, these Terms of Service will\nbe governed by and resolved in accordance with the following:\nIf you are in the American Region, these Terms of Service will be governed by the\nlaws of the State of California, United States, subject to the exclusive jurisdiction of\nthe state and federal courts located in Los Angeles, California, United States.\nIf you are in the EMEA-Asia Region, these Terms of Service will be governed by\nEnglish law, except that if you live in a country of the European Union other than\nEngland (which, for the purpose of this paragraph, includes Scotland and Northern\nIreland) there may be certain mandatory applicable laws of your country that apply for\nyour benefit and protection in addition to or instead of certain provisions of English\nlaw. You agree that any dispute between you and us regarding these terms or any\ncontract will only be dealt with by the English courts, except that if you live in a\ncountry of the European Union you can choose to bring legal proceedings either in\nyour country or in England. If you live in the European Union and we bring legal\nproceedings against you, we must do so in your country. The European Online\nDispute Resolution platform, currently available at http://ec.europa.eu/consumers/odr,\nprovides information about alternative dispute resolution which may be of interest to\nyou.\nC. Indemnity. You agree to defend, indemnify, reimburse, and hold harmless the\nSquare Enix Parties from and against any and all claims, demands, losses, liabilities, or\nexpenses (including attorneys’ fees) incurred in connection with your User-Generated\nContent, use of the Services, violation of these Terms of Service, or violation of any\nperson or entity’s intellectual property rights or other rights. We retain the exclusive right\nto assume the defense and control of any matter that is otherwise subject to\nindemnification by you under this paragraph, and you agree to cooperate with Square\nEnix in asserting any available defenses.\nD. Export Controls. You will not export, re-export, or otherwise download or transfer\nthe Services to any country, jurisdiction, or person if doing so would violate the export\ncontrol laws of the United States or another country. You are responsible for complying\nwith all applicable trade regulations, laws, and export controls. Without limiting the\nforegoing, you represent and warrant that: (i) you are not located in a country that is\nsubject to a U.S. Government embargo, or that has been designated by the U.S.\nGovernment as a “terrorist supporting” country; and (ii) you are not listed on any U.S.\nGovernment list of prohibited or restricted parties.\nE. Severability. If any provision of these Terms of Service is found to be invalid,\nunlawful, void, or unenforceable, then that provision will be deemed severable and its\ninvalidity will not affect the validity or enforceability of the remainder of these Terms of\nService.\nF. Interpretation. To the extent permitted by applicable law, you waive any rights under\napplicable statutory or common law that may permit a contract to be construed against its\ndrafter. Wherever the word “including” is used in these Terms of Service it is deemed to\nmean “including, without limitation.”\nG. Cooperation with Law Enforcement. Subject to applicable law, Square Enix\nreserves the right to involve and cooperate with law enforcement authorities in\ninvestigating any matters at any time without notice to you and with or without the receipt\nof a formal subpoena, search warrant, or other legal process. You acknowledge and agree\nthat Square Enix may provide your electronic communications and data, including emails\n\nand chat logs, to such law enforcement authorities without any liability to you or any third\nparty, unless prohibited by law.\nH. Survival. In the event these Terms of Service are terminated then any terms that by\ntheir nature apply after such termination shall survive, including the rights and licenses\nyou grant to Square Enix, indemnities, releases, disclaimers, limitations of liability, and\nprovisions regarding jurisdiction, choice of law, no class action (if applicable in your\ncountry), and mandatory arbitration (if applicable in your country).\nI. Assignment. Square Enix may assign its rights and obligations under these Terms of\nService, in whole or in part, to any person or entity at any time without notice to you. You\nmay not assign these Terms of Service without our prior written consent.\nJ. No Waiver. No failure or delay by you or Square Enix in exercising any rights,\npowers, or remedies will operate as a waiver, and no waiver of any term of these Terms of\nService will be effective unless in writing and signed by the party against whom the waiver\nis sought to be enforced.\nK. Entire Agreement. These Terms of Service, together with the Privacy Notice,\nAdditional Terms, and any other terms of use relevant to your use of the Services,\nconstitute the entire understanding and agreement between the parties with respect to\nyour use of the Services and supersede any and all prior or contemporaneous oral or\nwritten communications.\nL. Third-Party Rights. Except as expressly indicated herein, these Terms of Service\nare not intended to confer any rights or remedies on any person other than the parties to\nthese Terms of Service, except that any Square Enix Party may enforce any right or\nremedy expressly conferred on such Square Enix Party under these Terms of Service.\nM. Plugin Licenses / Content Protection. The Services may incorporate certain third-\nparty plug-ins and/or content protection technology, which are governed by the open\nsource licenses and other provisions ascribed to them. A list of third-party plug-ins and/or\ncontent protection technology used by the Services can be found at the following URL as\nat the date below: https://square-enix-games.com/en_GB/documents/plugin-licenses-\ncontent-protection\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Steam","url":"https://store.steampowered.com/subscriber_agreement/english/","lang":"ENG","sector":"Games","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Strona domowa\n\n\n\n\n\n\n\n\n\nSTEAM® SUBSCRIBER AGREEMENT\n\nTable of contents:\n1. Registration as a subscriber; application of terms to you; your account\n2. Licenses\n3. Billing, payment and other subscriptions\n4. Online conduct, cheating and illegal behavior\n5. Third-party content\n6. User generated content\n7. Disclaimers; limitation of liability; no guarantees; limited warranty & agreement\n8. Amendments to this agreement\n9. Term and termination\n10. Applicable law/mediation/jurisdiction/attorney’s fees\n11. Dispute resolution/binding arbitration/class action waiver\n12. Miscellaneous\nThis Steam Subscriber Agreement (\"Agreement\") is a legal document that explains your rights and obligations as a subscriber of Steam\nfrom Valve Corporation, a corporation under the laws of the State of Washington, with its registered office at 10400 NE 4th St., Bellevue,\nWA 98004, United States, registered with the Washington Secretary of State under number 60 22 90 773, VAT ID No. EU 8260 00671\n(\"Valve\"). Please read it carefully.\nSECTION 11 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES\nARE RESOLVED. PLEASE READ IT. IF YOU LIVE IN THE PROVINCE OF QUEBEC (CANADA) OR THE EUROPEAN UNION,\nSECTION 11 DOES NOT APPLY TO YOU.\n1. REGISTRATION AS A SUBSCRIBER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT ⏶\nSteam is an online service offered by Valve.\nYou become a subscriber of Steam (\"Subscriber\") by completing the registration of a Steam user account. This Agreement takes effect\nas soon as you indicate your acceptance of these terms. You may not become a subscriber if you are under the age of 13. Steam is not\nintended for children under 13 and Valve will not knowingly collect personal information from children under the age of 13.\nA. Contracting Party\nFor any interaction with Steam your contractual relationship is with Valve. Except as otherwise indicated at the time of the transaction\n(such as in the case of purchases from another Subscriber in a Subscription Marketplace), any transactions for Subscriptions (as\ndefined below) you make on Steam are being made from Valve.\nB. Subscriptions; Content and Services\nAs a Subscriber you may obtain access to certain services, software and content available to Subscribers. The Steam client software\nand any other software, content, and updates you download or access via Steam, including but not limited to Valve or third-party video\ngames and in-game content, software associated with Hardware and any virtual items you trade, sell or purchase in a Steam\nSubscription Marketplace are referred to in this Agreement as \"Content and Services;\" the rights to access and/or use any Content and\nServices accessible through Steam are referred to in this Agreement as \"Subscriptions.\"\nEach Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to\nthat Subscription (\"Subscription Terms\") (for example, an end user license agreement specific to a particular game, or terms of use\nspecific to a particular product or feature of Steam). Also, additional terms (for example, payment and billing procedures) may be posted\non http://www.steampowered.com or within the Steam service (\"Rules of Use\"). Rules of Use include the Steam Online Conduct Rules\nhttp://steampowered.com/index.php?area=online_conduct and the Steam Refund Policy http://store.steampowered.com/steam_refunds.\nThe Subscription Terms, the Rules of Use, and the Valve Privacy Policy (which can be found at\nhttp://www.valvesoftware.com/privacy.htm) are binding on you once you indicate your acceptance of them or of this Agreement, or\notherwise become bound by them as described in Section 8 (Amendments to this Agreement).\nC. Your Account\nWhen you complete Steam’s registration process, you create a Steam account (\"Account\"). Your Account may also include billing\ninformation you provide to Valve for the purchase of Subscriptions, Content and Services and any physical goods offered for purchase\nthrough Steam (“Hardware”). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise\nspecifically authorized by Valve. You are responsible for the confidentiality of your login and password and for the security of your\ncomputer system. Valve is not responsible for the use of your password and Account or for all of the communication and activity on\nSteam that results from use of your login name and password by you, or by any person to whom you may have intentionally or by\nnegligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from Valve’s negligence or\nfault, Valve is not responsible for the use of your Account by a person who fraudulently used your login and password without your\npermission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify Valve via\nthe support form (https://support.steampowered.com/newticket.php) without any delay.\nYour Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Subscriptions,\netc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your\nAccount, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by\nthis Agreement (including any Subscription Terms or Rules of Use) or as otherwise specifically permitted by Valve.\nD. Payment Processing\nUmowa użytkownika Steam\nSKLEP\nSPOŁECZNOŚĆ\nO STEAM\nPOMOC TECHNICZNA\n\n zaloguj się \n | \n język\nZainstaluj Steam\n\nPayment processing related to Content and Services and/or Hardware purchased on Steam is performed by either Valve Corporation\ndirectly or by Valve’s fully owned subsidiary Valve GmbH on behalf of Valve Corporation depending on the type of payment method\nused. If your card was issued outside the United States, your payment may be processed via a European acquirer by Valve GmbH on\nbehalf of Valve Corporation. For any other type of purchases, payment will be collected by Valve Corporation directly. In any case,\ndelivery of Content and Services as well as Hardware is performed by Valve Corporation.\n2. LICENSES ⏶\nA. General Content and Services License\nSteam and your Subscription(s) require the download and installation of Content and Services onto your computer. Valve hereby grants,\nand you accept, a non-exclusive license and right, to use the Content and Services for your personal, non-commercial use (except\nwhere commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a)\nthis Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no\ntitle or ownership in the Content and Services. To make use of the Content and Services, you must have a Steam Account and you may\nbe required to be running the Steam client and maintaining a connection to the Internet.\nFor reasons that include, without limitation, system security, stability, and multiplayer interoperability, Steam may need to automatically\nupdate, pre-load, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to\nuse the Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement\n(including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Content\nand Services associated with a particular Subscription, although Valve may choose to provide such updates, etc. in its sole discretion.\nB. Beta Software License\nValve may from time to time make software accessible to you via Steam prior to the general commercial release of such software (\"Beta\nSoftware\"). You are not required to use Beta Software, but if Valve offers it, you may elect to use it under the following terms. Beta\nSoftware will be deemed to consist of Content and Services, and each item of Beta Software provided will be deemed a Subscription for\nsuch Beta Software, with the following provisions specific to Beta Software:\nYour right to use the Beta Software may be limited in time, and may be subject to additional Subscription Terms;\nValve or any Valve affiliate may request or require that you provide suggestions, feedback, or data regarding your use of the Beta\nSoftware, which will be deemed User Generated Content under Section 6 (User Generated Content) below; and\nIn addition to the waivers and limitations of liability for all Software under Section 7 (Disclaimers; Limitations on Liability; No\nGuarantees; Limited Warranty & Agreement) below as applicable, you specifically acknowledge that Beta Software is only released\nfor testing and improvement purposes, in particular to provide Valve with feedback on the quality and usability of the Beta Software,\nand therefore contains errors, is not final and may create incompatibilities or damage to your computer, data, and/or software. If you\ndecide to install and/or use Beta Software, you shall only use it in compliance with its purposes, i.e. for testing and improvement\npurposes and in any case not on a system or for purposes where the malfunction of the Beta Software can cause any kind of\ndamage. In particular, maintain full backups of any system that you choose to install Beta Software on.\nC. License to Use Valve Developer Tools\nYour Subscription(s) may include access to various Valve tools that can be used to create content (\"Developer Tools\"). Some examples\ninclude: the Valve software development kit (the \"SDK\") for a version of the computer game engine known as \"Source\" (the \"Source\nEngine\") and the associated Valve Hammer editor, The Source® Filmmaker Software, or in-game tools through which you can edit or\ncreate derivative works of a Valve game. Particular Developer Tools (for example, The Source® Filmmaker Software) may be distributed\nwith separate Subscription Terms that are different from the rules set forth in this Section. Except as set forth in any separate\nSubscription Terms applicable to the use of a particular Developer Tool, you may use the Developer Tools, and you may use, reproduce,\npublish, perform, display and distribute any content you create using the Developer Tools, however you wish, but solely on a non-\ncommercial basis.\nIf you would like to use the Source Engine SDK or other Valve Developer Tools for commercial use, please contact Valve at\[email protected].\nD. License to Use Valve Game Content in Fan Art.\nValve appreciates the community of Subscribers that creates fan art, fan fiction, and audio-visual works that reference Valve games\n(\"Fan Art\"). You may incorporate content from Valve games into your Fan Art. Except as otherwise set forth in this Section or in any\nSubscription Terms, you may use, reproduce, publish, perform, display and distribute Fan Art that incorporates content from Valve\ngames however you wish, but solely on a non-commercial basis.\nIf you incorporate any third-party content in any Fan Art, you must be sure to obtain all necessary rights from the owner of that content.\nCommercial use of some Valve game content is permitted via features such as Steam Workshop or a Steam Subscription Marketplace.\nTerms applicable to that use are set forth in Sections 3.D. and 6.B. below and in any Subscription Terms provided for those features.\nTo view the Valve video policy containing additional terms covering the use of audio-visual works incorporating Valve intellectual\nproperty or created with The Source® Filmmaker Software, please click here: http://www.valvesoftware.com/videopolicy.html\nE. License to Use Valve Dedicated Server Software\nYour Subscription(s) may contain access to the Valve Dedicated Server Software. If so, you may use the Valve Dedicated Server\nSoftware on an unlimited number of computers for the purpose of hosting online multiplayer games of Valve products. If you wish to\noperate the Valve Dedicated Server Software, you will be solely responsible for procuring any Internet access, bandwidth, or hardware\nfor such activities and will bear all costs associated with your use.\nF. Ownership of Content and Services\nAll title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned\nby Valve and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Content and Services are\nprotected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contain certain\nlicensed materials and Valve’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.\nG. Restrictions on Use of Content and Services\nYou may not use the Content and Services for any purpose other than the permitted access to Steam and your Subscriptions, and to\nmake personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription\nTerms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law\nnotwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse\nengineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary\nnotices or labels from the Content and Services or any software accessed via Steam without the prior consent, in writing, of Valve.\nYou are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest\nin or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and\nServices to others without the prior written consent of Valve, except to the extent expressly permitted elsewhere in this Agreement\n(including any Subscription Terms or Rules of Use); (ii) host or provide matchmaking services for the Content and Services or emulate\n\nor redirect the communication protocols used by Valve in any network feature of the Content and Services, through protocol emulation,\ntunneling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or\nhereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or\nnon-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of\nValve; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere\nin this Agreement (including any Subscription Terms or Rules of Use).\n3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS ⏶\nAll charges incurred on Steam, and all purchases made with the Steam Wallet, are payable in advance and final, except as described in\nSections 3.I and 7 below.\nA. Payment Authorization\nWhen you provide payment information to Valve or to one of its payment processors, you represent to Valve that you are the authorized\nuser of the card, PIN, key or account associated with that payment, and you authorize Valve to charge your credit card or to process\nyour payment with the chosen third-party payment processor for any Subscription, Steam Wallet funds, Hardware or other fees incurred\nby you. Valve may require you to provide your address or other information in order to meet its obligations under applicable tax law.\nFor Subscriptions purchased based on an agreed usage period, where recurring payments are made in exchange for continued use\n(\"Recurring Payment Subscriptions\"), by continuing to use the Recurring Payment Subscription you agree and reaffirm that Valve is\nauthorized to charge your credit card (or your Steam Wallet, if funded), or to process your payment with any other applicable third-party\npayment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you\nagree to notify Valve promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your\nPayPal or other payment account number, and you agree to notify Valve promptly if your credit card or PayPal or other payment account\nexpires or is cancelled for any reason.\nIf your use of Steam is subject to any type of use or sales tax, then Valve may also charge you for those taxes, in addition to the\nSubscription or other fees published in the Rules of Use. The European Union VAT (\"VAT\") tax amounts collected by Valve reflect VAT\ndue on the value of any Content and Services, Hardware or Subscription.\nYou agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent\ngeographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do\nthis, Valve may terminate your access to your Account.\nB. Responsibility for Charges Associated With Your Account\nAs the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or\nanyone that uses your Account, including your family or friends. If you cancel your Account, Valve reserves the right to collect fees,\nsurcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before Valve will allow you to\nregister again.\nC. Steam Wallet\nSteam may make available an account balance associated with your Account (the \"Steam Wallet\"). The Steam Wallet is neither a bank\naccount nor any kind of payment instrument. It functions as a prepaid balance to purchase Content and Services. You may place funds\nin your Steam Wallet up to a maximum amount determined by Valve, by credit card, prepaid card, promotional code, or any other\npayment method accepted by Steam. Within any twenty-four (24) hour period, the total amount stored in your Steam Wallet plus the\ntotal amount spent out of your Steam Wallet, in the aggregate, may not exceed US$2,000 or its equivalent in your applicable local\ncurrency -- attempted deposits into your Steam Wallet that exceed this threshold may not be credited to your Steam Wallet until your\nactivity falls below this threshold. Valve may change or impose different Steam Wallet balance and usage limits from time to time.\nYou will be notified by e-mail of any change to the Steam Wallet balance and usage limits within sixty (60) days before the entry into\nforce of the change. Your continued use of your Steam Account more than thirty (30) days after the entry into force of the changes will\nconstitute your acceptance of the changes. If you don’t agree to the changes, your only remedy is to terminate your Steam Account or\nto cease use of your Steam Wallet. Valve shall not have any obligation to refund any credits remaining on your Steam Wallet in this\ncase.\nYou may use Steam Wallet funds to purchase Subscriptions, including by making in-game purchases where Steam Wallet transactions\nare enabled, and Hardware. Subject to Section 3.I, funds added to the Steam Wallet are non-refundable and non-transferable. Steam\nWallet funds do not constitute a personal property right, have no value outside Steam and can only be used to purchase Subscriptions\nand related content via Steam (including but not limited to games and other applications offered through the Steam Store, or in a Steam\nSubscription Marketplace) and Hardware. Steam Wallet funds have no cash value and are not exchangeable for cash. Steam Wallet\nfunds that are deemed unclaimed property may be turned over to the applicable authority.\nD. Trading and Sales of Subscriptions Between Subscribers\nSteam may include one or more features or sites that allow Subscribers to trade, sell or purchase certain types of Subscriptions (for\nexample, license rights to virtual items) with, to or from other Subscribers (\"Subscription Marketplaces\"). An example of a Subscription\nMarketplace is the Steam Community Market. By using or participating in Subscription Marketplaces, you authorize Valve, on its own\nbehalf or as an agent or licensee of any third-party creator or publisher of the applicable Subscriptions in your Account, to transfer those\nSubscriptions from your Account in order to give effect to any trade or sale you make.\nValve may charge a fee for trades or sales in a Subscription Marketplace. Any fees will be disclosed to you prior to the completion of the\ntrade or sale.\nIf you complete a trade, sale or purchase in a Subscription Marketplace, you acknowledge and agree that you are responsible for taxes,\nif any, which may be due with respect to your transactions, including sales or use taxes, and for compliance with applicable tax laws.\nProceeds from sales you make in a Subscription Marketplace may be considered income to you for income tax purposes. You should\nconsult with a tax specialist to determine your tax liability in connection with your activities in any Subscription Marketplace.\nYou understand and acknowledge that Valve may decide to cease operation of any Subscription Marketplace, change the fees that it\ncharges or change the terms or features of the Steam Subscription Marketplace. Valve shall have no liability to you because of any\ninability to trade Subscriptions in the Steam Trading Marketplace, including because of discontinuation or changes in the terms, features\nor eligibility requirements of any Subscription Marketplace.\nYou also understand and acknowledge that Subscriptions traded, sold or purchased in any Subscription Marketplace are license rights,\nthat you have no ownership interest in such Subscriptions, and that Valve does not recognize any transfers of Subscriptions (including\ntransfers by operation of law) that are made outside of Steam.\nE. Retail Purchase\nValve may offer or require a Subscription for purchasers of retail packaged product versions or OEM versions of Valve products. The\n\"CD-Key\" or \"Product Key\" accompanying such versions is used to activate your Subscription.\nF. Steam Authorized Resellers\n\nYou may purchase a Subscription through an authorized reseller of Valve. The \"Product Key\" accompanying such purchase will be used\nto activate your Subscription. If you purchase a Subscription from an authorized reseller of Valve, you agree to direct all questions\nregarding the Product Key to that reseller.\nG. Free Subscriptions\nIn some cases, Valve may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always\nresponsible for any Internet service provider, telephone, and other connection fees that you may incur when using Steam, even when\nValve offers a free Subscription.\nH. Third-Party Sites\nSteam may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in\naddition to any Subscription or other fees that you may pay to Valve. Steam may also provide access to third-party vendors, who\nprovide content, goods and/or services on Steam or the Internet. Any separate charges or obligations you incur in your dealings with\nthese third parties are your responsibility. Valve makes no representations or warranties, either express or implied, regarding any third\nparty site. In particular, Valve makes no representation or warranty that any service or subscription offered via third-party vendors will\nnot change or be suspended or terminated.\nI. Refunds and Right of Withdrawal\nWithout prejudice to any statutory rights you may have, you can request a refund for your purchases on Steam in accordance with the\nterms of Valve’s Refund Policy http://store.steampowered.com/steam_refunds/.\nFor European Union consumers:\nEU law provides a statutory right to withdraw from certain contracts for physical merchandise and for the purchase of digital content.\nYou can find more information about the extent of your statutory right to withdraw and the ways you can exercise it on this page:\nhttps://support.steampowered.com/kb_article.php?ref=8620-QYAL-4516.\n4. ONLINE CONDUCT, CHEATING AND PROCESS TAMPERING ⏶\nYour online conduct and interaction with other Subscribers should be guided by common sense and basic etiquette. They must notably\ncomply with the Steam Online Conduct Rules, to be found at http://steampowered.com/index.php?area=online_conduct. Depending on\nterms of use imposed by third parties who host particular games or other services, additional requirements may also be provided in the\nSubscription Terms applicable to a particular Subscription.\nSteam and the Content and Services may include functionality designed to identify software or hardware processes or functionality that\nmay give a player an unfair competitive advantage when playing multiplayer versions of any Content and Services or modifications of\nContent and Services (\"Cheats\"). You agree that you will not create Cheats or assist third parties in any way to create or use Cheats.\nYou agree that you will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to\nprevent or report the use of Cheats.\nYou agree that you will not tamper with the execution of Steam or Content and Services unless otherwise authorized by Valve. You\nacknowledge and agree that either Valve or any host of an online multiplayer game distributed through Steam (\"External Host\") may\nrefuse to allow you to participate in certain online multiplayer games if you use Cheats or tamper with the execution of Steam or the\nContent and Services.\nFurther, you acknowledge and agree that External Hosts may report your use of Cheats or unauthorized process tampering to Valve,\nand Valve may communicate your history of use thereof to External Hosts within the boundaries of the Steam Privacy Policy.\nValve may terminate your Account or a particular Subscription for any conduct or activity that is illegal, constitutes a Cheat, or otherwise\nnegatively affects the enjoyment of Steam by other Subscribers. You acknowledge that Valve is not required to provide you notice\nbefore terminating your Subscription(s) and/or Account.\nYou may not use Cheats, automation software (bots), mods, hacks, or any other unauthorized third-party software, to modify or\nautomate any Subscription Marketplace process or the process of Steam account creation.\n5. THIRD-PARTY CONTENT ⏶\nIn regard to all Subscriptions, Content and Services that are not authored by Valve, Valve does not screen such third-party content\navailable on Steam or through other sources. Valve assumes no responsibility or liability for such third party content. Some third-party\napplication software is capable of being used by businesses for business purposes - however, you may only acquire such software via\nSteam for private personal use.\n6. USER GENERATED CONTENT ⏶\nA. General Provisions\nSteam provides interfaces and tools for you to be able to generate content and make it available to other users and/or to Valve at your\nsole discretion. \"User Generated Content\" means any content you make available to other users through your use of multi-user features\nof Steam, or to Valve or its affiliates through your use of the Content and Services or otherwise.\nWhen you upload your content to Steam to make it available to other users and/or to Valve, you grant Valve and its affiliates the\nworldwide, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate,\nbroadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works\nof your User Generated Content, for the purpose of the operation, distribution, incorporation as part of and promotion of the Steam\nservice, Steam games or other Steam offerings, including Subscriptions. This license is granted to Valve as the content is uploaded on\nSteam for the entire duration of the intellectual property rights. It may be terminated if Valve is in breach of the license and has not cured\nsuch breach within fourteen (14) days from receiving notice from you sent to the attention of the Valve Legal Department at the\napplicable Valve address noted on this Privacy Policy page. The termination of said license does not affect the rights of any sub-\nlicensees pursuant to any sub-license granted by Valve prior to termination of the license. Valve is the sole owner of the derivative\nworks created by Valve from your User Generated Content, and is therefore entitled to grant licenses on these derivative works. If you\nuse Valve cloud storage, you grant us a license to store your information as part of that service. Valve may place limits on the amount of\nstorage you may use.\nIf you provide Valve with any feedback or suggestions about Steam, the Content and Services, or any Valve products, Hardware or\nservices, Valve is free to use the feedback or suggestions however it chooses, without any obligation to account to you.\nB. Content Uploaded to the Steam Workshop\nSome games or applications available on Steam (\"Workshop-Enabled Apps\") allow you to create User Generated Content based on or\nusing the Workshop-Enabled App, and to submit that User Generated Content (a “Workshop Contribution”) to one or more Steam\nWorkshop web pages. Workshop Contributions can be viewed by the Steam community, and for some categories of Workshop\nContributions users may be able to interact with, download or purchase the Workshop Contribution. In some cases, Workshop\nContributions may be considered for incorporation by Valve or a third-party developer into a game or into a Subscription Marketplace.\nYou understand and agree that Valve is not obligated to use, distribute, or continue to distribute copies of any Workshop Contribution\nand reserves the right, but not the obligation, to restrict or remove Workshop Contributions for any reason.\n\nSpecific Workshop-Enabled Apps or Workshop web pages may contain special terms (“App-Specific Terms”) that supplement or change\nthe terms set out in this Section. In particular, where Workshop Contributions are distributed for a fee, App-Specific Terms will address\nhow revenue may be shared. Unless otherwise specified in App-Specific Terms (if any), the following general rules apply to Workshop\nContributions.\nWorkshop Contributions are Subscriptions, and therefore you agree that any Subscriber receiving distribution of your Workshop\nContribution will have the same rights to use your Workshop Contribution (and will be subject to the same restrictions) as are set out\nin this Agreement for any other Subscriptions.\nNotwithstanding the license described in Section 6.A., Valve will only have the right to modify or create derivative works from your\nWorkshop Contribution in the following cases: (a) Valve may make modifications necessary to make your Contribution compatible\nwith Steam and the Workshop functionality or user interface, and (b) Valve or the applicable developer may make modifications to\nWorkshop Contributions that are accepted for in-Application distribution as it deems necessary or desirable to enhance gameplay.\nYou may, in your sole discretion, choose to remove a Workshop Contribution from the applicable Workshop pages. If you do so,\nValve will no longer have the right to use, distribute, transmit, communicate, publicly display or publicly perform the Workshop\nContribution, except that (a) Valve may continue to exercise these rights for any Workshop Contribution that is accepted for\ndistribution in-game or distributed in a manner that allows it to be used in-game, and (b) your removal will not affect the rights of any\nSubscriber who has already obtained access to a copy of the Workshop Contribution.\nExcept where otherwise provided in App-Specific Terms, you agree that Valve’s consideration of your Workshop Contribution is your full\ncompensation, and you are not entitled to any other rights or compensation in connection with the rights granted to Valve and to other\nSubscribers.\nC. Promotions and Endorsements\nIf you use Steam services (e.g. the Steam Curators’ Lists or the Steam Broadcasting service) to promote or endorse a product, service\nor event in return for any kind of consideration from a third party (including non-monetary rewards such as free games), you must clearly\nindicate the source of such consideration to your audience.\nD. Representations and Warranties\nYou represent and warrant to us that you have sufficient rights in all User Generated Content to grant Valve and other affected parties\nthe licenses described under A. and B. above or in any license terms specific to the applicable Workshop-Enabled App or Workshop\npage. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or\nincluded in the User Generated Content. In particular, with respect to Workshop Contributions, you represent and warrant that the\nWorkshop Contribution was originally created by you (or, with respect to a Workshop Contribution to which others contributed besides\nyou, by you and the other contributors, and in such case that you have the right to submit such Workshop Contribution on behalf of\nthose other contributors).\nYou furthermore represent and warrant that the User Generated Content, your submission of that Content, and your granting of rights in\nthat Content does not violate any applicable contract, law or regulation.\n7. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES; LIMITED WARRANTY & AGREEMENT ⏶\nTHIS SECTION 7 DOES NOT APPLY TO EU SUBSCRIBERS.\nFOR AUSTRALIAN SUBSCRIBERS, THIS SECTION 7 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF\nANY GUARANTEE, RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED, INCLUDING THOSE\nCONFERRED BY THE AUSTRALIAN CONSUMER LAW (ACL). UNDER THE ACL, GOODS COME WITH GUARANTEES\nINCLUDING A GUARANTEE THAT GOODS ARE OF ACCEPTABLE QUALITY. IF THERE IS A FAILURE OF THIS GUARANTEE,\nYOU ARE ENTITLED TO A REMEDY (WHICH MAY INCLUDE HAVING THE GOODS REPAIRED OR REPLACED OR A REFUND).\nIF A REPAIR OR REPLACEMENT CANNOT BE PROVIDED OR THERE IS A MAJOR FAILURE, YOU ARE ENTITLED TO A\nREFUND.\nFOR NEW ZEALAND SUBSCRIBERS, THIS SECTION 7 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF\nANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED INCLUDING THOSE CONFERRED\nBY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993. UNDER THIS ACT ARE GUARANTEES WHICH INCLUDE\nTHAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THIS GUARANTEE IS NOT MET THERE ARE\nENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT OR REFUND). IF A\nREMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACT PROVIDES FOR A\nREFUND.\nPrior to acquiring a Subscription, you should consult the product information made available on Steam, including Subscription\ndescription, minimum technical requirements, and user reviews.\nA. DISCLAIMERS\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VALVE AND ITS AFFILIATES AND SERVICE PROVIDERS\nEXPRESSLY DISCLAIM (I) ANY WARRANTY FOR STEAM, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND (II)\nANY COMMON LAW DUTIES WITH REGARD TO STEAM, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS,\nINCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. STEAM, THE CONTENT AND\nSERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN\n\"AS IS\" AND \"AS AVAILABLE\" BASIS, \"WITH ALL FAULTS\" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR\nIMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN\nSECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE\nSTATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR\nENJOYMENT, OR AUTHORITY IN CONNECTION WITH STEAM, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, OR\nINFORMATION AVAILABLE IN CONNECTION THEREWITH.\nANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM\nCOMMERCIAL CODE IS EXPRESSLY DISCLAIMED.\nB. LIMITATION OF LIABILITY\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VALVE, ITS LICENSORS, NOR THEIR AFFILIATES,\nNOR ANY OF VALVE’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND\nRESULTING FROM THE USE OR INABILITY TO USE STEAM, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT\nAND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR\nMALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL VALVE BE LIABLE FOR\nANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES\nARISING OUT OF OR IN ANY WAY CONNECTED WITH STEAM, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND\nANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND\nSERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF VALVE’S OR ITS AFFILIATES’ FAULT, TORT\n(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF VALVE’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF\n\nTHE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY\nFAILS TO PROVIDE ADEQUATE RECOMPENSE.\nBECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR\nCONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF VALVE, ITS LICENSORS, AND\nITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.\nC. NO GUARANTEES\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VALVE NOR ITS AFFILIATES GUARANTEE\nCONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO STEAM, THE CONTENT AND\nSERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTION(S) OR ANY INFORMATION AVAILABLE IN CONNECTION\nTHEREWITH.\nD. LIMITED WARRANTY & AGREEMENT\nCERTAIN HARDWARE PURCHASED FROM VALVE IS SUBJECT TO A LIMITED WARRANTY & AGREEMENT, [OR DEPENDING ON\nYOUR LOCATION, A STATUTORY WARRANTY] WHICH IS DESCRIBED IN DETAIL HERE.\n8. AMENDMENTS TO THIS AGREEMENT ⏶\nPLEASE NOTE: If you are a consumer with place of residence in Germany, a different version of Section 8 applies to you, which is\navailable here.\nA. Mutual Amendment\nThis Agreement may at any time be mutually amended by your explicit consent to changes proposed by Valve.\nB. Unilateral Amendment\nFurthermore, Valve may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole\ndiscretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by Valve at least 30 (30) days before\nthe effective date of the amendment. You can view the Agreement at any time at http://www.steampowered.com/. Your failure to cancel\nyour Account prior to the effective date of the amendment will constitute your acceptance of the amended terms. If you don’t agree to\nthe amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected\nSubscription(s). Valve shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of\nyour Account or cessation of use of any Subscription, nor shall Valve have any obligation to prorate any fees in such circumstances.\n9. TERM AND TERMINATION ⏶\nA. Term\nThe term of this Agreement (the \"Term\") commences on the date you first indicate your acceptance of these terms, and will continue in\neffect until otherwise terminated in accordance with this Agreement.\nB. Termination by You\nYou may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that\nValve terminate your access to a Subscription. However, Subscriptions are not transferable, and even if your access to a Subscription\nfor a particular game or application is terminated, the original activation key will not be able to be registered to any other account, even if\nthe Subscription was obtained in a retail store. Access to Subscriptions purchased as a part of a pack or bundle cannot be terminated\nindividually, termination of access to one game within the bundle will result in termination of access to all games purchased in the pack.\nYour cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will\nnot entitle you to any refund, including of any Subscription fees. Valve reserves the right to collect fees, surcharges or costs incurred\nprior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for\nany charges incurred to third-party vendors or content providers before your cancellation.\nC. Termination by Valve\nValve may cancel your Account or any particular Subscription(s) at any time in the event that (a) Valve ceases providing such\nSubscriptions to similarly situated Subscribers generally, or (b) you breach any terms of this Agreement (including any Subscription\nTerms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by Valve for a violation of\nthis Agreement or improper or illegal activity, no refund, including of any Subscription fees or of any unused funds in your Steam Wallet,\nwill be granted.\nD. Survival of Terms\nSections 2.C., 2.D., 2.F., 2.G., 3.A., 3.B., 3.D., 3.H., and 5 - 12 will survive any expiration or termination of this Agreement.\n10. APPLICABLE LAW/MEDIATION/JURISDICTION/ATTORNEYS’ FEES ⏶\nFor All Customers Outside the European Union:\nYou and Valve agree that this Agreement shall be deemed to have been made and executed in the State of Washington, U.S.A., and\nWashington law, excluding conflict of laws principles and the Convention on Contracts for the International Sale of Goods, governs all\nclaims arising out of or relating to: (i) any aspect of the relationship between us; (ii) this Agreement; or (iii) your use of Steam, your\nAccount or the Content and Services; except that the U.S. Federal Arbitration Act governs arbitration as far as your country’s laws\npermit. Subject to Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) below, you and Valve agree that any claim\nasserted in any legal proceeding shall be commenced and maintained exclusively in any state or federal court located in King County,\nWashington, having subject matter jurisdiction. You and Valve hereby consent to the exclusive jurisdiction of such courts. In any dispute\narising out of or relating to this Agreement, your use of Steam, your account, or the Content and Services, the prevailing party will be\nentitled to attorneys’ fees and expenses (except arbitration -- see Section 11.C.)\nFor EU Customers:\nIn the event of a dispute relating to the interpretation, the performance or the validity of the Subscriber Agreement, an amicable solution\nwill be sought before any legal action. You can file your complaint at http://help.steampowered.com. In case of failure, you may, within\none year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the\nEuropean Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?\nevent=main.home.chooseLanguage.\nIn the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.\n11. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER ⏶\nThis Section 11 shall apply to the maximum extent permitted by applicable law. IN PARTICULAR, IF YOU LIVE IN THE PROVINCE OF\nQUEBEC (CANADA) OR THE EUROPEAN UNION, THIS SECTION 11 DOES NOT APPLY TO YOU.\nMost user concerns can be resolved by use of our Steam support site at https://support.steampowered.com/. If Valve is unable to\nresolve your concerns and a dispute remains between you and Valve, this Section explains how the parties have agreed to resolve it.\n\nA. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft\nYOU AND VALVE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION.\nTHAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE\nRELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF STEAM, YOUR ACCOUNT, HARDWARE OR THE\nCONTENT AND SERVICES. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT,\nSTATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND INCLUDES ALL\nCLAIMS BROUGHT ON BEHALF OF ANOTHER PARTY.\nHowever, this Section 11 does not apply to the following types of claims or disputes, which you or Valve may bring in any court with\njurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and\n(ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.\nThis Section 11 does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that\ncan, if the law allows, seek relief from us for you.\nAn arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in\ncourt, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by\ncourts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND\nTHAT YOU AND VALVE ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.\nB. Try to Resolve Dispute Informally First\nYou and Valve agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who\nintends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets\nforth the relief sought. If you and Valve do not reach an agreement to resolve that claim or dispute within 30 days after the notice is\nreceived, you or Valve may commence an arbitration. Written notice to Valve must be sent via postal mail to: ATTN: Arbitration Notice,\nValve Corporation, P.O. Box 1688, Bellevue, WA 98004.\nC. Arbitration Rules and Fees\nThe U.S. Federal Arbitration Act applies to this Section 11 as far as your country’s laws permit. The arbitration will be governed by the\nConsumer Arbitration Rules (or the Commercial Arbitration Rules, if the Consumer Arbitration rules are inapplicable) of the American\nArbitration Association (\"AAA\") as modified by this Agreement. Rules are available at http://www.adr.org. The arbitrator is bound by the\nterms of this Agreement.\nThe AAA will administer the arbitration. Outside the U.S., Valve will select a neutral arbitration provider that uses these or similar rules. It\nmay be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually\nagreed location.\nIf you seek $10,000 or less, Valve agrees to promptly reimburse your filing fee and your share if any of AAA’s arbitration costs, including\narbitrator compensation, unless the arbitrator determines your claims are frivolous or were filed for harassment. Valve agrees not to\nseek its attorneys’ fees or costs unless the arbitrator determines your claims are frivolous or were filed for harassment. If you seek more\nthan $10,000 and the AAA Consumer Arbitration Rules do not apply, the AAA’s arbitration costs, including arbitrator compensation, will\nbe split between you and Valve according to the AAA Commercial Arbitration Rules.\nD. Individual Binding Arbitration Only\nYOU AND VALVE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY\nGENERAL ACTION, WHISTLE BLOWER ACTION, OR CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, EVEN IF\nAAA’s RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL\nPARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and Valve also agree not to\nseek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all\nother actions or arbitrations.\nThis Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion\nthat it does.\nE. What Happens if Part of Section 11 Is Found Illegal or Unenforceable\nIf any part of Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) is found to be illegal or unenforceable, the rest will\nremain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or\nunenforceability would allow class, collective, or representative arbitration, all of Section 11 will be unenforceable and the claim or\ndispute will be resolved in court.\n12. MISCELLANEOUS ⏶\nExcept as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by an\narbitrator, court, or other tribunal of competent jurisdiction to be illegal or unenforceable, such provision will be enforced to the maximum\nextent permissible and the remaining portions of this Agreement shall remain in full force and effect. Section 11.E. governs if some parts\nof Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) are held to be illegal or unenforceable. This Agreement,\nincluding any Subscription Terms, Rules of Use, the Valve Privacy Policy, and the Valve Hardware Limited Warranty Policy, constitutes\nand contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written\nagreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other\nthan the parties to this Agreement.\nValve’s obligations are subject to existing laws and legal process and Valve may comply with law enforcement or regulatory requests or\nrequirements notwithstanding any contrary term.\nYou agree to comply with all applicable import/export laws and regulations. You agree not to export the Content and Services or\nHardware or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of\nexportation restricted by the U.S. Bureau of Export Administration. You represent and warrant that you are not located in, under the\ncontrol of, or a national or resident of any such prohibited country.\nThis Agreement was last updated on August 28th, 2020 (\"Revision Date\"). If you were a Subscriber before the Revision Date, it\nreplaces your existing agreement with Valve or Valve SARL on the day that it becomes effective according to Section 8 above.\nZgłoś uwagę odnośnie prywatności\n\n© 2022 Valve Corporation. Wszelkie prawa zastrzeżone. Wszystkie znaki handlowe są własnością ich prawnych właścicieli w Stanach Zjednoczonych i innych krajach.\nCeny zawierają podatek VAT (jeśli ma zastosowanie). \nPolityka prywatności\n | \nInformacje prawne\n | \nUmowa użytkownika Steam\n | \nZwroty pieniędzy\n | \nCiasteczka\nInformacje o Valve\n | Praca\n | Steamworks\n | Dystrybucja Steam\n | Pomoc\n | Karty podarunkowe\n | \n Steam\n | \n @steam\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Ubisoft","url":"https://legal.ubi.com/termsofuse/en-INTL","lang":"ENG","sector":"Games","hq":"France","hq_category":"EU","is_public":"Public","is_paid":"Optionally paid","date":"12.05.2020"},"document":{"title":"","text":"TERMS OF USE OF THE UBISOFT SERVICES\n \n \n“WE ALL PLAY BY THE SAME RULES”\n \nWELCOME TO THE UBISOFT WORLDS!\nPLEASE READ THESE TERMS OF USE CAREFULLY.\n \nUbisoft teams create authentic and memorable experiences for our players to have fun, share and blossom through games,\napplications, web sites and online services (what we call our « Services »). To let you enjoy our Services, we crafted rules that apply\nto everything and everyone in our communities: you, other players and ourselves. You agree to this “Terms of Use” by using the\nServices and Content defined below.\n \n1 What are the Ubisoft Services and Content? \n1.1 The Ubisoft Services (“Services”) include the games, downloadable contents, season passes, and other game software\n(contained on disc or other physical medium or downloaded or streamed), and other software products and online and mobile\nservices, including their online functions and other features, together with any of their update and upgrade, the related websites, the\nUplay platform and any other Ubisoft platform, the Uplay+ subscription service, the live events hosted, the servers, software and the\nframework through which they are provided to you, currently or in the future, by UBISOFT ENTERTAINMENT S.A., or any one of its\nsubsidiaries or affiliated companies, including UBISOFT EMEA SAS and UBISOFT LTD. (collectively “Ubisoft” or “we”).\n1.2 These terms of use (the “Terms”) govern your access to and use of such Services (\"user\" or \"you\"). By using the Services\nand Content (defined below), you accept and agree to comply with these Terms and any particular age and territorial criteria.\nAdditional terms may be applicable to a specific Service, including for example the Terms of Sale of the Ubisoft Store, the End User \nLicense Agreement and code(s) of conduct (“Code of Conduct”). In addition, our Privacy Policy will give you a clear understanding\nof our use of the personal data we may collect from you during your use of the Services. Please make sure to read all these\ndocuments before accessing a Service.\n« Content » means any elements which are part of the Services, including but not limited to in-game items, customization elements,\nmaps, avatars, all gameplay, graphics, music and sounds, text, all messages or items of information, names, themes, objects,\nscenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual\neffects, domain names. This includes elements created by you and other users, called User Generated Content (defined in Article\n11); Ubisoft Virtual Currency (defined in Article 3.3) and Test Content (defined in Article 12).\n1.3 The Services and Content are licensed to you, not sold. This means we grant you a personal, limited, non-transferable and\nrevocable right and license to use the Services and access the Content, for your entertainment, non-commercial use, subject to your\ncompliance with these Terms. \n \n2 How to create an Account and what do you need to know when creating\nan Account? \n2.1 You may need to create a Ubisoft account (an “Account”) to access and use certain Services, including to play online. You\ncan create one by supplying accurate, complete and up-to-date information, including a valid email address.\nWe may need to check the accuracy of these information, including by checking telephone numbers and e-mail address, notably to\nprotect minors, other users and prevent risks of fraud. You agree to send the necessary documents (which may include a copy of\nyour identity card or passport) by any means upon our request.\nIf You need information or have any question regarding Your Account, please\nvisit https://support.ubi.com/Account or https://account.ubisoft.com.\nLAST REVISED: MAY 12TH, 2020\nThis Article gives a clear definition of the Services and lists the documents you should read before accessing them.\nThis Article details the steps and safety rules applicable when creating a Ubisoft Account, and selecting a username and/or avatar\nto access our Services.\n\n2.2 Account Safety. Any use of your Account with your password, in particular any purchase of Services, will be deemed to be\ncarried out by you.\nTo ensure your Account safety:\na) Choose a strong alphanumeric password. For security reasons, we may refuse any password that isn’t strong\nenough to protect your Account.\nb) Choose a password that is different from any other password you use; and change it on a regular basis.\nc) Activate the 2-Step Verification and any other safety options we may provide in your Account settings.\nd) Never share your Account details (username, password…) with anyone. We will never ask you to reveal your\npassword. \ne) Never authorize anyone to access and/or use your Account.\n2.3 You agree to inform us as quickly as possible at https://support.ubi.com of any unauthorised use of your username,\npassword or other information of your Account and of any security violation involving the Services which comes to your attention.\n2.4 Username/Avatar creation. You may need to create a username and/or avatar to access and use certain Services. They\nwill be linked to your Account and publicly displayed. We therefore advise you not to include your real name in your username.\nYou cannot choose a username or an avatar which (i) is already used by another user or associated with another Account or (ii)\ncontains “Ubi” or “Ubisoft” or the Ubisoft logo. We reserve the right, at our sole discretion, to refuse any username and/or avatar you\nhave chosen.\n2.5 Multiple Accounts. You must not create multiple accounts, except if we specifically allow it. In such case, you acknowledge\nthat you will close your additional Account upon our request, or that we may terminate your additional Account.\n \n3 What conditions apply to your use of our Services? \n3.1 Forums. The Services may contain forums, information groups, chats or other types of online discussion areas (collectively\nknown as “Forums”). When you use the Forums, you should be aware that your avatar, username and your messages will be\npublic and viewable by any user who visits the Forums (unless you are in a private Forum). You send your messages at your own\nrisk. You have sole responsibility for their submission, publication and dissemination.\nKeep these security measures in mind when communicating with other users in the Forums:\nNever share information that can be used to identify you in real life.\nNever accept requests to meet in real life someone you have chatted with, especially if this person asks you to keep your\nconversations or the meeting a secret, and reject any invitation to join apps or channels outside the Services. \nReport any behaviour or content you find suspicious or inappropriate, including chats you had with another user that made\nyou uncomfortable.\nMake sure to talk to someone from your close circle and use the blacklist feature, when available in a Service, to make sure\nyou don’t receive unwanted messages.\n3.2 Ubisoft Store. We enable you to purchase products via our online store accessible at https://store.ubi.com/ or through\nUplay. We may limit your ability to purchase products based on multiple criteria including, but not limited to, your age, limited\nquantities of products available, etc. We may offer periodical promotions for which separate terms apply.\n3.3 Credits, virtual currency. We may license to you access or use of online or off-line elements of Services, including without\nlimitation virtual points, coins or currencies (collectively \"Ubisoft Virtual Currency\"). When you obtain Ubisoft Virtual Currency from\nus or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and\nselect the Ubisoft Virtual Currency that we expressly make available to you.\nUbisoft Virtual Currency has no monetary value and has no value outside of our Services. Ubisoft Virtual Currency cannot be sold,\ntraded, transferred, or exchanged for cash; it only may be redeemed for Content available on the Services. Ubisoft Virtual Currency\nis non-refundable, and you are not entitled to a refund for any unused Ubisoft Virtual Currency, except if required by law. Once you\nredeem Ubisoft Virtual Currency for Content, that Content is not returnable, exchangeable, or refundable.\n3.4 Wallet. We may make available to you on your Account an electronic wallet (the “Wallet”). Such Wallet is not a bank\naccount nor a payment instrument and funds you may place on it:\ndo not constitute a personal property right,\ncan only be used to purchase Content and Services from us,\nhave no value outside of the Services and cannot be exchangeable for cash, and\n are, unless required by law, non-refundable and non-transferable.\nWe may limit the maximum amount of funds:\nyou may have on your Wallet;\nyou may add per day/month on such Wallet; and/or\nyou may spend using your Wallet.\nWe may update such limits from time to time, at our discretion.\nThis Article highlights the specific conditions applicable to certain Services & Content (e.g. Forums, Virtual Currency) and certain\nmeans of accessing our Services (including mobile).\n\n3.5 Prepaid Cards. We may enable you to purchase and/or redeem prepaid cards to purchase Content and/or Services and/or\nfund a Wallet. You may not be able to fund a Wallet by applying the value of a given prepaid card if your Wallet already reached the\nlimits mentioned in Article 3.4.\n3.6 Technical Protective Measures – Internet connection – Digital Rights Management. We may protect certain Services\nby using technical protection measures and digital rights management, including for example, physical protection, watermarking,\ndigital keys activation, direct entitlement. You may need a permanent high-speed internet connection to access online functions, play\nonline and access and use some Content, including Content which may be unlocked once only with a unique key and certain\nServices incorporating Digital Rights Management technology.\n3.7 Mobile Services. You may access certain Services via certain mobile phones, smartphones, tablets and other compatible\nmobile terminals. To do so, you must have the permission of the person who pays the bill for the mobile terminal, and be provided\nwith Internet access via such mobile terminal. Use of your mobile terminal may lead to connection costs for which we are not\nresponsible. Certain Mobile Services offer you in-game purchases and micro-transactions. Your comfort may vary depending on the\ncapacities and functions of your mobile terminal and the communications network. We cannot guarantee a comfort equal to that\nexperienced when connecting to the Services via other devices.\n \n4 How can we modify our Services? \n4.1 General. We do not guarantee that the Services will be available at all times, in all locations worldwide, and/or on all\ndevices. We do not guarantee that we will continue to offer any Service for any minimum period of time. We reserve the right to\nterminate all or part of the Services at any time.\n4.2 Modification of Services price. We reserve the right to modify the prices of the Services, including from a paid Service to\na free-to-play one and vice versa. The new price applies only to orders placed after it has come into effect.\n4.3 Modification of access to Services and Content.\na) We may modify the Content for any reason, at any time, in particular for technical reasons such as updates, maintenance\noperations or resets to improve or optimize the Services.\nb) We may ask or enable you to download software, updates, patches and/or other utilities and tools supplied by us or our\nlicensors (the \"Ubisoft Software\"). We grant you a personal, non-transferable and non-exclusive license enabling you to use\nUbisoft Software solely for the purposes of use of the Services, throughout the world and for the legal period of protection of the\nUbisoft Software under Intellectual Property Rights. We may specify terms of use for this Ubisoft Software at the time at which it is\nmade available to you. The performances of the Ubisoft Software and Services may vary depending on your equipment. We may\nfrom time to time supply you with updates or modifications of the Ubisoft Software that may be necessary for you to continue to use\nthe Services.\nc) Such modifications may affect the Services and/or your acquired rights or result in setbacks in the game environment.\nd) We may also:\nset a maximum number of days for which a Content will be stored as part of the Services;\nset a maximum volume of messages which can be sent or received by an Account;\nset a maximum memory capacity which will be allocated by our servers for your Account;\nset a maximum number of times you may access the Services, together with a maximum duration for each access during a\ngiven period.\n \n5 What are our rules to sustain a friendly, safe and fair gaming environment and\ncommunity? \n5.1 We want to offer you and other users a welcoming, safe and respectful gaming environment, both during gameplay and at\nany time in our Services. This is particularly important for us, as we have users of different ages within our Services, including\nminors. For you and other users to feel part of such a friendly, safe and fair community, you must follow these rules (the “Rules of\nConduct”).\n5.2 You may only use the Services for lawful purposes and for their anticipated use. You may not use the Services in any way\nthat breaches any applicable law or regulation.\n5.3 Here is a non-exhaustive list of forbidden behaviours that may lead to investigation by our staff and may result in\nsanctions (as detailed in Article 6):\n1. Create an Account with false registration information (email address, birth date, etc.).\n2. Create, use inappropriate username or avatar. This includes for example the use of names, images:\n· containing profanity, sexual references or hate speech language, condoning terrorism, fascism, child abuse; or\nThis Article indicates under which circumstances we may modify our Services and Content, including their price.\nThis Article details the rules of conduct your must follow and the behaviours which are forbidden, in order to keep a friendly, safe\nand fair gaming environment and community.\n\n· that are in any way religious, political or prone to creating controversy or division.\n3. Impersonate any user or our representatives. This includes for example :\n· create an Account with close similarity to another existing Account or user, with perceived intentions to\nimpersonate such other user without his/her consent;\n· make comments or create an Account causing other users to believe they come from Our representative or\nfrom someone having similar authority.\n4. Abuse, harass, bully users and/or our representatives (i.e. our employees, members of our community (moderators,\nstar players, etc.)) via any forms of communications, (including for example, via tools to create Content, via Forums, in-game\nchat or over voice chat and communication), on any medium in the Services and/or on any third-party sites.\nThis includes for example:\n· Trolling (posting intentionally controversial or off-topic posts with the intention of provoking others),\n· Flaming (constantly insulting others),\n· Spamming (posting nonsensical or off-topic posts or the same or similar messages over and over again),\n· Using language or content deemed inappropriate, illegal, dangerous, threatening, abusive, offensive, obscene,\nsexually explicit, vulgar, defamatory, privacy-invasive, hateful, racist, sexist, homophobic, transphobic, ethically\noffensive or constituting harassment.\n5. Minors endangerment, and all inappropriate actions toward a minor, including :\n· grooming (encouraging users to commit inappropriate or illegal acts in and/or outside a Service);\n· any comment, private message, UGC relating to inappropriate behavior toward minors, including for example\nphysical or sexual abuse, pornography or any other disrespectful content;\n· any other actions or comments listed in these Rules of Conduct that are directed to, or are about, minors.\n6. Use any means not expressly permitted by us to collect or intercept data of other users within the framework of the\nServices. This includes for example:\n· phishing (attempting to obtain users’ personal information, information concerning an Account or other\ninformation of a private nature from any user);\n· doxing (revealing or otherwise reproducing or supplying to anyone another user’s personal information);\n· online sniffing (theft or interception of data by capturing network traffic).\n7. Use any element infringing our or anyone’s Intellectual Property Rights or other rights.\n8. Leak of information, i.e. create, use, share and/or publish by any means, in and/or outside the Services, any content\nwhich would breach a duty of confidentiality, infringe an individual’s right to privacy or incite the committing of an unlawful act\n(e.g. piracy, cracking or circulation of counterfeit software).\n9. Sell, rent, market, arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute,\ndisseminate, repost, transfer, index, copy, extract and/or automate any information, software, product or other element of the\nContent and/or Services by any means without our express prior permission.\n10. Modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the\nServices, or their accessibility to other users, or the functioning of the partner networks of the Services, or attempt to do any\nof the above.\nThis includes for example performing Distributed denial-of-service (DDoS) attacks.\n11. Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or\ncorrupted data, and/or organise, participate in or be involved in any way in an attack on our servers and/or Services and/or\nthose of our service providers and/or partners.\n12. Use or circulation of “auto” or “macro” computer programs including, without limitation, any use and/or circulation of\nany cheat, hack, bot, script, trainers programs or software applications.\n13. Use or circulation of the Services via a mirror site.\n14. Any other kind of tampering that gives a user (and/or teammate(s)) an unfair advantage (e.g. wallhacks, aimhacks) or\ncauses detriment to other users’ experience.\n15. Exploit another broadcaster's live broadcast in order to gain an unfair advantage or harass a broadcaster in-game, such\nas stream sniping.\n16. Any conduct which interrupts the general flow of gameplay in the game itself, any Forum or any Service, including,\nbut not limited to:\n- spamming,\n- “away from keyboard” (AFK),\n- farming,\n- advertising or soliciting other products,\n\n- in-game harassment and bad sportsmanship, including but not limited to team killing, rage quitting, blocking\nplayers’ interactions and/or any other in-game behaviour meant to disrupt or interrupt the general flow of gameplay.\n17. Exploitation of any glitches or bugs which provide an unfair advantage over other users or which threaten the general\nbalance or the economy of the Service.\n18. Benefit from the help of other users or offer help to other users to obtain an unfair advantage. This includes for\nexample:\n· teaming-up with cheating users;\n· teaming-up with experienced users to increase your user level/statistics in areas of a game normally reserved to\nnewcomers;\n· creating an alternative Account in order to team-up with newcomers or less experienced users in order to\nunfairly help them increase their level/statistics.\n19. Purchase and/or otherwise exploit and/or promote unauthorized third-party benefits, such as “Match Making Ratio\nboosting services”.\n20. Access or aim to access parts of the Services not authorised by us;\n21. Create, supply, use alternative methods of using Services, e.g. via server emulators;\n22. Repost any previously moderated content on the Forums or other Services.\n23. Voice Communication Blocking, purposely using sound to disrupt voice chat for others.\n24. Bypassing regional restrictions of a Service with the help of proxy, VPN or other tools.\n25. Making inappropriate use of the “help” service or the claim/report buttons or send untruthful reports to members of our\npersonnel, including customer support.\n26. Fraud, reversal of credit card charges or \"chargeback\" resulting in debt. A chargeback can include credit card theft,\nidentity theft, or non-approved use by family or friends.\n27. Scam, try to fraud or mislead others to gain goods or money.\n28. Buy, sell, rent out, share, lend, trade or in any other way transfer your Account and/or the means of accessing it\nand/or in any way allow an outside party to benefit from it, either within the Services or on a third party website.\n29. Refuse to obey the instructions of our representative.\n \n6 What sanctions can we apply to prevent and fight forbidden behaviors? \nWe may apply sanctions, in the event of violation of the Terms and/or of a Code of Conduct. The sanctions are decided on a case-\nby-case basis, based on multiple criteria, including but not limited to, the seriousness of the violation, the number of violations, and\nthe impact of the violations on the Services, on other users and/or on our representatives.\nHere is a non-exhaustive list of sanctions we may apply:\n1. Issuance of a warning,\n2. Disability of any username, avatar or password,\n3. Reset of your in-game progress to a previous state,\n4. Decrease of your Account level or of your level/points associated to a given Service,\n5. Remove your Access from particular features (including chats) on one or several Services,\n6. Issuance of a temporary ban of your Account from one or several Services,\n7. Issuance of a long-term ban of your Account from one or several Services,\n8. Prevention from accessing a specific or several Services on a particular device, and/or\n9. Suspension or closing of your Account and/or your ability to use one or more Services, or part of the Services, as\nfurther described in Article 8.2.\nWe may use our own and/or third-party anti-cheat solutions to detect non-authorized behaviours and/or apply corresponding\nsanctions.\nWe may restrict your access to all or part of the Services should we suspect that you engage in unlawful behaviors inside or outside\nthe Services, in order to keep a friendly, safe and fair environment for our users.\nIn addition, we reserve the right to take legal action on grounds of civil or criminal responsibility in order to stop a breach of your\nlegal or contractual obligations and obtain compensation for our losses. In particular, we reserve the right to prosecute any user who\nhas deliberately damaged or attempted to damage the Services or disrupted the legitimate functioning of the Services or provided\nassistance for so doing.\nThis Article lists some of the disciplinary and legal actions we may take to fight behaviours that are harmful to the gaming\nenvironment and community.\n\n \n7 How can you report forbidden behaviors and content? \n7.1 Report Content in violation of these Terms.\nIf you consider that any Content made available on the Services does not comply with these Terms, you may report this to us by\nusing the \"Report\" option, when available in the Service, or by contacting our customer support at https://support.ubi.com.\nTo assist us in quickly responding to your report, please include as much as possible:\nThe date of your report;\nYour surname, first name, address, and email address;\nThe identification and description of the Content which is, in your opinion, contrary to these Terms, indicating its precise\nlocation;\nAn indication of the reasons why you believe that this Content does not comply with these Terms and should be removed\nfrom the Services, citing the Article of these Terms along with proof where possible;\nA declaration specifying that you believe that all the information in the report is correct.\n7.2 Report Content in violation of Intellectual Property Rights.\nWe respect the Intellectual Property Rights of others and expect users to do the same. If you consider that any Content made\navailable on the Services is violating your Intellectual Property Rights, you may report this to us by sending an e-mail to Copyright-\[email protected], indicating the information listed below:\nThe information requested in Article 7.1;\nEvidence that you are authorized to act on behalf of the owner of the right(s) alleged to be infringed or if you are acting on\nbehalf of your company, the type of the company, its name, its registered office and your function within the company;\nA clear identification of the work protected by your Intellectual Property Right(s) that you allege is infringed, as well as any\nelement demonstrating the existence of your right(s);\nWhen applicable, information regarding any registrations of these rights or applications to register these rights, including the\ncountries where registered or applied for, validity period and application or registration numbers;\nCopy of the correspondence sent to the author of the disputed Content requesting its withdrawal or modification, or a\njustification that the author could not be contacted.\n7.3 Our response to your report.\nAfter receipt of a report, we reserve the right to act as we deem appropriate. We notably reserve the right to delete and/or deactivate\nthe Content reported and to ask you and other users to cease using such Content.\nIf we delete or deactivate any Content that you have published in violation of these Terms and/or of third parties’ Intellectual\nProperty Rights, We reserve the right to apply sanctions as listed in Article 6.\nYour acknowledge that knowingly wrongly making a false report of a Content in order to obtain its removal or to stop its\ndissemination on our Services is punishable by law.\n \n8 Can your Account be terminated? \nYES. Both at your intiative and ours.\n8.1 Termination of your Account at your initiative.\nYou may terminate your Account at any time by filling the form at: https://support.ubi.com or close your Account\nat: https://account.ubisoft.com, using the “Account Information” tab, especially in the case where you do not accept these Terms or\nan updated version of them.\n8.2 Termination of the Account or access to Service(s) at our initiative.\nWe may suspend or close your Account and your ability to use one or more Services or part of the Services, at any time,\nautomatically and at our sole discretion where:\nwe have formally requested that you provide us with proof of your identity or to cease an action, behaviour, or breach of\nthese Terms;\nwe have reasonable grounds to believe that you have violated these Terms (including the Rules of Conduct) or any specific\nterms and conditions relating to any Service;\nfor any other reason in relation to your actions in or outside of the Services;\nupon notification, where your Account has been inactive for more than six months.\nShould you have more than one Account, we reserve the right to suspend or close all of your Accounts once one has been\nsuspended or closed by us under this process.\n8.3 Consequences of the Termination/Suspension of an Account.\nThis Article gives you the information necessary and the process to be followed if you want to report a Content which, in your\nopinion, violates these Terms and/or the intellectual property right of a third party.\nThis Article explains how your Account may be terminated by you or by us, and the consequences of such termination.\n\nYou cannot use the Services and Content anymore.\nYou will lose, and we may delete, your profile and the related information you have passed on to us, together with any\nContent you may have published, uploaded, made available on the Services, notably your username, avatar(s), and UGC. \nWe reserve the right to store personal data relating to your profile for a reasonable period of time, as detailed in our Privacy \nPolicy.\nWe may not allow you to create an Account again without our express permission, at our discretion, through\nasking https://support.ubi.com.\nIn the event of termination of your Account, you will no longer have access to your Account and you will lose all your save\nfiles and in-game progression related to the Services.\nIn the event of termination of your Account or of Service(s) associated with your Account, no credit (such as for unused\nServices, unused subscription period, unused points or Ubisoft Virtual Currency) will be credited to you or converted into\ncash or any other form of reimbursement.\n \n9 What about access to our Services by minors? \n9.1 If you are a minor in your country of residence, you should read these Terms with the help of your parent or guardian.\n9.2 If you are a parent or guardian, we recommend that you monitor your children’s gaming activities, in particular online and\nthat you familiarize yourself with the parental controls that may be made available by us and/or our partners. We encourage you to\nvisit our “parents corner”, a page we have developed in collaboration with experts, players and parents, available\nat https://ubisoft.com/en-us/company/parents.aspx, to answer some of the frequently asked questions we receive and provide tips\nand guidance.\n9.3 We may restrict access to certain Services on age grounds, and for minors under a certain age, we may allow you to\nregister for certain Services only with consent from your parent or guardian.\n9.4 As far as is permitted by law, we accept no responsibility regarding any activities which may be conducted by minors without\nthe permission of their parents or legal guardians. In all cases, all use of the Services by minors is the responsibility of their parents\nor legal guardians. If you are a parent or legal guardian and you give your permission for your child to register for the Services, you\nthereby agree to the Terms relating to use of the Services by your child.\n \n10 What Intellectual Property Rights are attached to our Services & Content? \n10.1 The Services and Content are protected by national and international laws and treaties. Except as expressly set out in these\nTerms, we, and our licensees and licensors, reserve our respective Intellectual Property Rights (defined below) in the Services and\nthe Content. Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior\npermission.\n\"Intellectual Property Rights\" are patents, rights to inventions, copyright and related rights, trademarks, trade names,\nneighbouring rights, right of publicity, commercial secrets, domain names, rights in get-up, rights in goodwill or to sue for passing off,\nunfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in\nconfidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether\nregistered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent\nrights or forms of protection in any part of the world.\n10.2 You may submit reviews, comments, suggestions, proposals, materials or other feedback (“Submissions”) on or outside the\nServices. We appreciate your enthusiasm but you acknowledge that we have no obligation concerning unsolicited Submissions,\nincluding but not limited to, no obligation to accept, consider, review or return any materials or acknowledge receipt of any\nSubmissions. You agree that products, services or features developed or published by us might appear to be similar or identical to\nsuch unsolicited Submissions. \n \n11 What are the conditions applicable to the Content you may create / upload on\nour Services? \nIn certain Services, you may create, upload, edit, modify, adapt, publish and/or submit names, images, designs, skins, photos,\nvideos, maps, music compositions/sheets, streams, activities and other materials (\"User Generated Content” or “UGC”). You\nwarrant that your UGC will comply with these Terms at all times, during and after its creation, and with any additional terms that may\nbe applicable. This section will continue to apply after any termination of your Account and/or termination or suspension of a\nService.\n11.1 UGC that you produce from pre-existing Ubisoft Content (“Derived UGC”).\nThis Article indicates how minors may create an Account and access our Services, with the help of their parents/ legal guardians.\nThis Article informs you of the rights attached to our Services, Content and of our Submissions policy.\nThis Article explains the different types of content you may create, publish and share on our Services, and the related rights you\ngrant to us and to other users on such Content.\n\na) We are the sole owner of all Intellectual Property Rights relating to Derived UGC.\nb) You hereby irrevocably assign to us, with full title guarantee, free of charge, all Intellectual Property Rights and rights of use\nyou may have over Derived UGC, on a worldwide basis and for the period of protection of each right.\nc) We may file or register any application for Intellectual Property Rights relating to Derived UGC in our name, in all countries in\nthe world.\nIn this respect, you must:\nsign and supply any document in particular, deed of transfer, requested by us for all registration purposes ; and\nprovide all necessary assistance to us, at our expense, in any related action or procedure.\nd) In the event that a competent court rules that some or all of your rights in Derived UGC cannot be validly transferred to us, you\nhereby grant us a perpetual, royalty-free, exclusive, irrevocable, transferable, sublicensable to other users, worldwide licence to use,\ncopy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and, in general, otherwise exploit,\nonline and offline, Derived UGC for any purpose, without you necessarily being mentioned as the source of such Derived UGC.\ne) You cannot use the Derived UGC other than under the Terms. We hereby grant you a non-exclusive and non-transferable\npersonal licence, revocable at all times, to use Derived UGC you have produced throughout the world and for the duration of your\nuse of the Services, solely in order to:\nrecord it on your console, computer, mobile terminal or any medium you use to access the Services,\nload it on the Services, and,\nshare it with other users on the Services.\n11.2 UGC featuring your image. If your UGC reproduces your image, you acknowledge that we have a right to use your image\nas part of the Services throughout the world and for the whole duration of the Services. If your UGC features the image of any\nperson other than yourself, you warrant that you have received the permission of such person for the use of his/her image by us,\nand you indemnify us for any losses which we may incur in the event of a complaint, action or claim by such other person\nconcerning the use by us of his/her image, derived from your UGC.\n11.3 UGC you create independently from pre-existing Ubisoft Content (“Independent UGC”). You hereby grant us, and our\nlicensees, distributors, partners, agents, representatives a perpetual, royalty-free, non-exclusive, irrevocable, transferable (in whole\nor part) worldwide licence to use, copy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and,\nin general, otherwise exploit, online and offline, Independent UGC (including all Intellectual Property Rights therein) in whole or in\npart, for any purpose.\n11.4 In all cases for both Derived UGC and Independent UGC.\na) Unless otherwise specifically authorized by us, the ability to create UGC is part of the Service we offer and does not entitle you\nto any payment or any other kind of monetization/benefits (e.g. Ubisoft Virtual Currency, in-game items, etc.), including when the\nUGC is made available to other users;\nb) You warrant to us that your UGC:\ndoes not infringe the Intellectual Property Rights or other rights of any third party,\ndoes not constitute an act of unfair competition; and\ndoes not require that we obtain further licenses from or pay royalties or compensation to or provide any attribution to any\nthird parties;\nc) You warrant that you are personally responsible for the UGC you create, use and/or publish while using the Services and that\nthe indemnification provisions of Article 15.2 will apply to your UGC;\nd) Unless and until we remove your UGC, it may be associated with your username and will be made available to users; and\ne) To the extent permissible under applicable law, you waive your moral rights in all your UGC and any broadly equivalent rights\nyou may have in any territory of the world, and you vouch for the obtaining of the same agreement from any other person who might\ninvoke moral rights over your UGC.\n \n12 Can you take part in our tests? \nYES. We may propose that you test the Services or Contents not yet commercially released (for example during alpha and beta\nphases, playtests, etc.), in order to identify bugs and errors and/or help improve their functioning (“Beta Tests”). If you are eligible\nand agree to take part in a Beta Test:\na) You will first sign and return to us a confidentiality agreement and any other document that we deem appropriate.\nb) You recognize that the beta version of the Contents and Services (“Test Contents”) belong to us and are highly confidential.\nc) We may ask you for your reactions and suggestions. All such reactions and suggestions communicated to us in the course of\nthe Beta Tests will be our exclusive property.\nd) Test Contents are supplied to you “as is” and “according to availability” without any explicit or implicit guarantee of any kind.\nYou understand that you use the Test Contents at your own risk, that they may include bugs and that your progression and data\nassociated to the Beta Test may be erased at any time.\nThis Article describes the general conditions applicable to your participation in our tests (including alphas, betas and playtests).\n\ne) You agree that any violation of your obligations for Beta Tests would cause us irreparable damage and that we would be\nentitled to take any action to prevent any breach or risk of a breach of your obligations or to obtain compensation for the damage\nincurred, without prejudice to the right to terminate your Account.\n \n13 Do we monitor our Services? \nWe are not responsible for and do not endorse the opinions, advice and/or recommendations displayed or sent by users on the\nServices, including in any public Forum. Such communications are the sole responsibility of the concerned users.\nSubject to the applicable legal requirements, we do not undertake to monitor the Content, UGC, messages and other information\nmade available on the Services by users. We may, though are not required to, oversee, monitor or moderate our Services,\nparticularly on website home pages and Forums. In any event, we do not warrant the validity, originality, accuracy or usefulness of\nany Content, message and/or UGC.\n \n14 Can you access our Services via third parties and third party content via our\nServices? \nYES. You may access certain Services via the services/platforms offered by third parties (i.e. console manufacturers, streaming\nservices, etc.). The terms of these third parties will govern your behavior when you access the Services through their\nservices/platforms and, in the event of a conflict with these Terms, the terms applicable to the services/platforms offered by these\nthird parties take precedence.\nWe may also display certain third party products, services and/or content by inserting, in our Services, promotional links, advertising\nbanners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of\nour choice.\nIn both cases, we may not be held responsible for such third party services, products and/or content.\n \n15 In case of dispute, what conditions apply to liability, indemnity and\ncompensation? \n15.1 Limitation & Exclusion of Liability.\na) You expressly acknowledge that your use of the Services and Content is at your own risk.\nb) The Services are supplied “as is”, without any guarantees, conditions, warranties or other terms as to:\ntheir suitability for a particular use;\ntheir market value;\nthe absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful elements\nwill be corrected; and/or\nyour satisfaction.\nc) We hereby expressly exclude:\nall conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and\nany liability for loss or damage suffered in connection with your use of the Services or any related third party service.\nThis includes all losses of any kind (direct, accidental, incidental, consequential and/or indirect), whether in tort (including for\nnegligence or breach of statutory duty), contract and/or misrepresentation (whether innocent or negligent).\nNothing above prevents claims for damage to your tangible property.\nd) Your sole remedy in the event of a dispute with us is to:\nif applicable, seek damages for your losses; and\ncease to use the Services and terminate your Account.\ne) When we acknowledge that a Content you purchased is unusable due to our fault, our liability will be limited to providing you\nwith a Content of an equivalent value, chosen by us.\nThis Article explains how we may, but do not always, monitor our Services, in particular the opinions and comments expressed by\nusers in the Forums or through UGC.\nThis Article deals with the access to our Services via a third party platform (consoles, streaming services, etc.) and with how we\nmay display to You third party content through ads on our Services.\nThis Article describes the limitations and exclusions that apply to our liability, and conditions under which we may indemnify You, or\nYou may have to indemnify us.\n\nf) Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent\nmisrepresentation, nor any other liability which cannot be excluded or limited under applicable law.\n \nIF YOU ARE AN AUSTRALIAN CONSUMER:\n15.1 Limitation & Exclusion of Liability.\na) You expressly acknowledge that use of the Services and games is at your own risk.\nb) Nothing in these Terms restricts, excludes or modifies, or purports to restrict, exclude or modify and statutory consumer rights\nunder any applicable law including the Australian Competition and Consumer Act 2010 (Cth). To the extent permitted by law, the\nServices are supplied \"as is\", without any conditions, warranties or other terms as to:\n their market value;\n the absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful\nelements will be corrected; and/or\n your satisfaction.\nc) In particular, We do not exhaustively check Content, in particular UGC, or the words that you or other users publish via the\nServices, including without limitation on the Forums, or your actions within the framework of the Services.\nd) To the extent permitted by law, and subject to the terms of this Article, we hereby expressly exclude:\n all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;\nand\n any liability for loss or damage suffered in connection with the use of the Services or any related third party service. This\nincludes:\nall losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract,\nmisrepresentation (whether innocent or negligent) or otherwise;\ndirect loss;\naccidental loss,\nincidental loss;\nconsequential loss; and\nindirect loss.\n Nothing above prevents claims for damage to your tangible property.\ne) Our goods come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement\nor refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have\nthe goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.\nf) Subject to applicable laws and the terms of this Article, your sole remedy in the event of a dispute with Us or our licensors is to:\n cease to use the Services and terminate your Account; and\n if applicable, seek damages for your losses.\ng) When we acknowledge that a Content you purchased is unusable due to our fault, our liability will be limited to providing you with\na Content of an equivalent value, chosen by us.\nh) Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent\nmisrepresentation, nor any other liability which cannot be excluded or limited under applicable law. \n \n15.2 Indemnity & Compensation.\na) You agree to defend, indemnify and keep us and our licensors, licensees, assignees and successors in title and their\nrespective employees, officers or directors, our respective subcontractors and Content suppliers (collectively the “Affiliates”)\nindemnified from and against any claim or alleged claim, all liabilities and damages and all costs, including lawyers’ fees, following\nand/or resulting from a violation of these Terms for which you are responsible, or related to your behaviour on the Services,\nincluding relating to your UGC.\nb) Without limiting the generality of the foregoing, you agree to defend, indemnify and keep indemnified us and our Affiliates in the\nevent of inappropriate or illegal use of your Account, including by someone you have authorised to use your Account. You agree to\nbe held personally responsible for your use of the Services and for all your communications and activities on the Services, including\nthe Forums.\nc) We reserve the right to take sole conduct, at our own expense, of any claim which you have indemnified us of or which may\ngive rise to compensation by you. You agree in such case to fully collaborate with us upon request in defense of our interests. \n15.3 The provisions of this Article 15 remain valid and in force after termination of these Terms or of Your Account.\n \n16 Is there other information you need to know? \nThis Article contains additional information applicable between you and us, including modification of these Terms, consumer\nconciliation, law and jurisdiction and contact information.\n\nYES. See below the other general information governing these Terms. If you do not find the information you are looking for in these\nTerms, you may find it at https://legal.ubi.com.\n16.1 Modification of the Terms. We may revise these Terms at any time for security, legal, best practice and/or regulatory\nreasons. We will not use this right to make substantial changes to the Terms, affecting your rights, without giving you a chance to\nagree. If you do not agree to the changes made to these Terms, you shall terminate your Account as set out in Article 8.1. You\nshould check for revisions to the Terms regularly as they are binding on you. Any use of the Services subsequent to revised Terms\ncoming into force implies acceptance of the revised Terms.\n16.2 Severance. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid,\nillegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and\nenforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these\nTerms would be valid, enforceable and legal if some part of it was deleted, the provision shall apply with the minimum modification\nnecessary to make it legal, valid and enforceable to reflect our initial intentions.\n16.3 No Waiver. Waiver of a right or remedy may be considered to have taken place only after the signing by us and you of a\nwritten statement to this effect. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall\nconstitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or\nremedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or\nremedy.\n16.4 Entire Agreement.\na) In entering into these Terms, neither party has relied upon and does not rely on any statement, representation, assurance or\nwarranty (“Representation”) of any person other than as expressly set out in these Terms.\nb) Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be\nfor breach of contract.\nc) These Terms and all rules or instructions published online concerning a Service contain the entire agreement between us and\nyou with respect to the subject matter hereof and supersede and cancel any and all prior or contemporaneous oral or written\nunderstandings, negotiations and agreements.\nd) Nothing in this Article shall limit or exclude any liability for fraud or fraudulent misrepresentation.\n16.5 Dispute Resolution.\nAlternative Dispute Resolution. In the event of disputes or claims in connection with these Terms, the European Commission\nprovides a platform, facilitating the independent and out-of-court settlement of online disputes between European Union consumers\nand professionals, accessible at the following address: https://ec.europa.eu/consumers/odr/.\nLaw and Jurisdiction. These Terms, your Account and any disputes or claims arising in connection with them or their subject matter\nor formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England\nand Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or\nclaim.\n16.6 Force majeure. We shall have no liability under these Terms if we are prevented from, or delayed in, performing our\nobligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including,\nwithout limitation, strikes, failure of a telecommunications network, act of God, war, riot, pandemic, malicious damage, compliance\nwith any law or governmental order, accident, fire, flood or default of sub-contractors.\n16.7 Contact / Customer support. You can access these Terms at https://legal.ubi.com. For any question concerning these\nTerms, any Service or Content, you may contact us at: https://support.ubi.com.\n \nTHESE TERMS ARE APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"FollowMyHealth","url":"https://www.followmyhealth.com/UseDocuments/TermsOfUse","lang":"ENG","sector":"Health","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"13.11.2019"},"document":{"title":"","text":"FollowMyHealth Universal Health Record\nTerms of Use\nWelcome to the FollowMyHealth Universal Health Record. All users of this web site,\nas well as\nthe FollowMyHealth Universal Health Record and all related products and\n services\n(collectively, the \"Service\"), are subject to the following terms and\n conditions of use (these\n\"Terms of Use\"). Please read these Terms of Use carefully\nbefore accessing or using any part\nof the Service. By accessing or using the Service,\nyou agree that you have read, understand,\nand agree to be bound by these Terms of Use,\nas amended from time to time, and agree to be\nbound by FollowMyHealth Privacy Policy\n which is hereby incorporated into these Terms of\nUse. If you do not wish to agree to\nthese Terms of Use and/or the FollowMyHealth Privacy\nPolicy, do not access or use any\npart of the Service.\nDefinitions\n1. Aggregate Data. Aggregate Data is PHR Data that is: (1) grouped so it does not identify,\nrelate to, describe, be capable of being associated with, connected, or be linked, directly\nor indirectly to you as an individual and (2) has names and other identifiers removed or\naltered. In other words, Aggregate Data cannot be used to identify you as an individual.\n2. Authorized Individuals. An Authorized Individual is someone you authorize to access your\nFollowMyHealth Universal Health Record on your behalf.\n3. Authorized Individual-Representative. An Authorized Individual-Representative is an\nindividual\nwho has authority to create and manage a FollowMyHealth account on behalf\nof a Dependent and may\ninclude a parent, guardian, or other legal representative.\n4. De-Identified Data. De-identified data is PHR Data in which personal identifiers are\nremoved\nand do not allow someone to determine a person’s identity.\n5. Dependent. A Dependent is a minor child or other individual over whom an Authorized\nIndividual\nhas legal authority.\n6. PHR. \"PHR\" means Personal Health Record. A PHR is an electronic health data\napplication that\ncan help you collect, manage, and share your health information. The\nFollowMyHealth Universal\nHealth Record is a PHR.\n7. PHR Data. PHR Data means any information in the FollowMyHealth Universal Health\nRecord. PHR Data\nincludes, but is not limited to the following:\n•\nYour name and contact information, such as your address, phone number, or email\naddress\n•\nYour medical history, conditions, treatments, and medications\n•\nYour healthcare claims, health plan account numbers, bills, and insurance\ninformation\n\nYour Agreement with Allscripts\nThe Service is provided by Allscripts Healthcare, LLC, located at 222 Merchandise\nMart Plaza,\nSuite 2024, Chicago, Illinois 60654 (\"Allscripts\"). All references to\n Allscripts include its\nsubsidiaries or affiliates involved in providing the Service.\nYour use of the Service is subject to\nthese Terms of Use, the FollowMyHealth Privacy Policy,\n and such other terms as you may\nagree to from time to time.\nAllscripts may change these Terms of Use at any time by posting the amended\nTerms of Use to\nthe FollowMyHealth web site and providing a notice on the website\nthat the Terms of Use has\nchanged. If you do not agree to the Terms of Use as\namended, you may stop using the Service\nand cancel your account. Your continued\nuse of the Service after the date the amended Terms\nof Use is posted will constitute\nyour acceptance of the amended Terms of Use.\nYour Account\nYou must provide accurate and complete registration information when you register\nto use the\nService. You are responsible for the security of your passwords and\n for any use of your\naccount.\nAllscripts reserves the right to restrict who is eligible for an account.\nAllscripts reserves the\nright in its sole discretion to determine who may\nqualify for an account and reserves the right\nto reject or revoke any account\nat any time without liability. Allscripts may enable you to create\nPHR Data includes Personal Information, De-Identified Data, and Aggregate Data\n•\nDemographic information, such as your age, gender, ethnicity, and occupation\n•\nComputer information, such as your IP address and \"cookie\" preferences\n8. Personal Information. Personal Information means information about you that reasonably\ncan be linked to you, such as your name, health information, demographic information,\nand/or other identifiers as may be defined understand and federal law. Personal\nInformation\nmay also include but is not limited to your financial information or social\nsecurity number.\n9. Provider. A healthcare provider, healthcare practice, or hospital that you authorize\nto\nprovide information to your FollowMyHealth personal health record. When you sign\nup\nfor the FollowMyHealth Universal Health Record, you may provide authorization for\na\nhealthcare practice or hospital, and associated authorized users, to send Personal\nInformation to your PHR.\n10. Service. The Service includes the FollowMyHealth Universal Health Record and all related\nproducts and services.\n11. Service Provider. A Service Provider is an entity that is hired to perform certain\nfunctions\nfor Allscripts to support the development, maintenance, and implementation\nof\nFollowMyHealth. Service Providers may include software or website designers and\ndata\nstorage providers.\n\naccounts\nfor minors or other members of your family over whom you have legal authority.\nYou\nmay only do so if you are the Authorized Individual/Authorized\nIndividual-Representative, and\nby doing so, you certify that you have such\nauthority. Allscripts may enable you to give access\nto your account to\nAuthorized Individuals. When you give access to an Authorized Individual,\nyou\ngrant permission to such Authorized Individual to access the information\ncontained within,\nand/or perform certain transactions through, your account.\n You also may permit your\nauthorized health care providers to communicate\nwith such Authorized Individuals about your\nhealth status.\nYour Use of the Service\nAllscripts currently provides you with general use of and access to the\nService free of charge.\nHowever, Allscripts may charge fees for your use\nof certain features and functionality of the\nService (e.g., transaction fees\nfor content or specific services, such as web consultations or\nfaxing).\n Additionally, if your authorized health care providers (each a \"Provider\"\n and\ncollectively, the \"Providers\") utilize the billing services offered by\n the Service, such billing\nservices may serve as a method of payment between\nyou and your Providers.\nGenerally, at any time in its sole discretion, Allscripts may charge fees\nfor access to all or any\npart of the Service. In no event will you be charged\nfor access to the Service unless Allscripts\nobtains your prior agreement to\n pay for such access. All new fees, if any, will be posted in\nappropriate\nlocations on the Service. Allscripts reserves the right to change its fees,\n if any,\nfrom time to time in its discretion.\nText Messaging\nThe Service may include text message communications. Such text message communications\nmay be sent to you for purposes including, not limited to the following categories:\nCollection of Your Information\nPHR Data may be entered into the Service directly by you personally or via\ndata transfer from a\nthird-party repository, such as your Provider's electronic\nhealth records or other third-party\nsources, as further described below. With\nrespect to your PHR Data collected from third-party\nsources, Allscripts shall\n not collect such information without your specific, written\nauthorization to do so.\n When you provide such authorization, you may also be asked to\ndesignate how often\nupdated information may be transmitted from the applicable third-party\nsource to\nthe Service. Please note, if any PHR Data is released by an authorized third party\nsource to the Service and later invalidated by the third-party source, Allscripts\n reserves the\nright at the request of the third party source, to remove that PHR\n Data from your\nFollowMyHealth Universal Health Record.fifi\n-\nhealthcare related communications;\n-\nadvertising, marketing or promotional communications;\n-\nprescription or appointment reminders, and\n-\naccount management functions.\n\nNotifications of Account Modification\nModifications to your FollowMyHealth record are not automatically communicated\n to your\nProviders or any third-party sources. If you want your Provider or a\nthird party to know of\nchanges within your FollowMyHealth record, you must inform\nthe Provider or third-party of\nsuch changes.\nNot an Emergency Service\nCommunications with Providers through FollowMyHealth are not in \"real-time\",\n and should\nnot be used for urgent or emergency situations. The Service does\n not provide any medical\nservices. The Service does not provide emergency or\nurgent medical services. PLEASE CALL\n911 OR YOUR HEALTH CARE PROVIDER IF YOU\nBELIEVE THAT YOU ARE EXPERIENCING\nA MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.\nUse of Your Information\nWhen you provide Personal Information through the Service, you provide Allscripts\nauthorization to use and distribute it in connection with the Service.\nAllscripts is committed to protecting your personal information and employs\n a variety of\nsecurity technologies and procedures to help protect your\n information from unauthorized\naccess, use, and disclosure. This includes,\nbut is not limited to, the use of firewalls, complex\npasswords, dual-factor\n authentication, various audit trails, data loss prevention, regular\npenetration\n testing, and risk assessments. Moreover, Allscripts stores your personal\ninformation on secure servers, uses robust encryption technology, and requires\ncomprehensive\nsecurity training for our workforce.\nAllscripts may use De-identified Data that is taken from the Personal Information\nyou provide\nand combine it with other anonymous data to create what is referred\nto as \"Aggregate Data\"\nthat may be disclosed to third parties. Aggregate Data is\ninformation that describes the habits,\nusage patterns and/or demographics of\nusers as a group but does not reveal the identity of\nparticular users. Aggregate\nData will be used to determine such things as user demographics\nand usage patterns\n for our services. Allscripts may use Aggregate Data within Allscripts to\nunderstand\nthe needs of the FollowMyHealth community of users and determine what kinds of\nprograms and services we can offer to you.\nAllscripts may use your PHR Data to operate and manage the FollowMyHealth Universal\nHealth Record platform, the Service, software, and website; maintain and protect its\ncomputer\nsystems including to protect or mitigate a fraud or security risk; and comply with the law, such\nas responding to subpoenas and search warrants.\nProvider Access\nAs part of the Service, you may authorize your participating Providers to\n provide Personal\nInformation about you from the Providers' electronic health\nrecords to the Service. You may\nuse the Service to share certain Personal\nInformation with such Providers. You may use the\nService to communicate with\n such Providers. You understand that any decision to use the\n\nService in such\nways is entirely voluntary. You understand that if you authorize a Provider\nto\naccess your Personal Information in the Service and communicate with you\nvia the Service that\nProvider may permit its/his/her staff and other authorized\nusers within its/his/her facility or\noffice to use the Service to access your\nPersonal Information and communicate with you as\nwell.\nAllscripts relies on the Providers authorized by you to confirm that they meet\nthe criteria for\nparticipating in the Service. You acknowledge and agree that\nAllscripts is not responsible for\nany such entity misidentifying itself or any\nmisuse of the data by such health care providers or\ntheir authorized personnel.\n Allscripts' sole liability and sole responsibility shall be to\ndiscontinue\n access to any entity or individual which Allscripts learns misidentified\nitself/himself/herself or is otherwise misusing PHR Data.\nYou may revoke any Provider's, other third-party's, or Authorized Individual's\npermission to (a)\ncommunicate with you through the Service; (b) request\n information from you or your\nFollowMyHealth Universal Health Record through the\n Service; or (c) provide Personal\nInformation to your FollowMyHealth Universal\n Health Record by utilizing the connection\nmanagement features of the Service.\n However, copies of all of your Personal Information\npreviously disclosed to such\nProviders, third parties, or Authorized Individuals and incorporated\ninto such\n Providers', third-parties', or Authorized Individuals' records, if any, may\n remain in\nsuch records. Allscripts cannot, and has no obligation to, remove such\ninformation from the\nProvider's, third-parties, or Authorized Individuals' records.\nAllscripts is relying on you to review and assess the qualifications of your\n Providers and to\nmake appropriate decisions with respect to Authorized Individuals.\nAllscripts does not examine\nthe credentials of, perform background checks on, or\ngive its endorsement to any Provider or\nAuthorized Individual.\nAuthorized Individuals\nYou may grant access to your FollowMyHealth account to one or more Authorized\nIndividuals\nor Authorized Individual-Representatives. You may grant an\n Authorized Individual access to\nyour FollowMyHealth account by specifically\nauthorizing FollowMyHealth to permit access by\nsuch Authorized Individual to\n your FollowMyHealth account. When you grant access to an\nAuthorized Individual,\nyou may permit the Authorized Individual to: (a) have the same level of\naccess\n to your FollowMyHealth account as you have, i.e., the Authorized Individual\n will be\nauthorized to access your FollowMyHealth health record and to\n communicate with your\nProviders and/or engage in other transactions with your\nProviders to the same extent that you\nare able using FollowMyHealth; or (b)\n have \"read-only\" access to your FollowMyHealth\naccount, i.e., the Authorized\n Individual will be authorized to access your FollowMyHealth\nhealth record ONLY,\n and will NOT be able to communicate with or otherwise engage in\ntransactions\n with your Providers. Whether or not you grant an Authorized Individual full-\naccess\nor read-only access to your FollowMyHealth account is your decision. You\nacknowledge\nand agree that: (a) you are solely responsible for verifying the\nidentity of, and monitoring the\nuse by, any Authorized Individual you select;\nand (b) Allscripts has no responsibility or liability\nin connection with any\naccess to, or use of, your account and information by any Authorized\nIndividual.\n\nAuthorized Individual-Representative\nAn \nAuthorized \nIndividual-Representative \nmay \nauthorize \nand/or \nhave \naccess \nto\na\nFollowMyHealth Universal Health Record for a Dependent. Through the account,\n the\nAuthorized Individual-Representative may be able to: (a) review and update\nthe Dependent's\npersonal health record as maintained on FollowMyHealth; (b)\n communicate with the\nDependent's Providers with regard to the Dependent's health\n status and otherwise; and (c)\nengage in such transactions as permitted between\n the Authorized Individual-Representative\nand the Dependent's Providers through\n the FollowMyHealth Universal Health Record.\nAccounts created for Dependents are\nspecific to each health care Provider. Thus, an Authorized\nIndividual-Representative\nwill have to specifically authorize each Provider practice to establish\na\n FollowMyHealth account in the name of the Dependent. A Dependent's FollowMyHealth\naccount will be linked to an Authorized Individual-Representative's FollowMyHealth\nUniversal\nHealth Record account until the earlier of the date: (i) the minor\nDependent reaches the age of\n18, or (ii) FollowMyHealth is notified by the\nDependent's Provider or a court of law or agency\nwith appropriate authority that\nthe Dependent has been emancipated, attained legal custody of\nhis or her own health\ninformation, or that a different Authorized Individual-Representative has\nbeen named.\n Each Authorized Individual-Representative understands that a Dependent's\nFollowMyHealth account also may be linked to the FollowMyHealth account of another\nAuthorized Individual-Representative, and each Authorized Individual-Representative\nwill have\nthe same rights to access and communicate through the Dependent's\nFollowMyHealth account.\nEach Authorized Individual-Representative agrees that if he\n or she becomes aware of any\nchange in any Authorized Individual-Representative's\nrelationship to the Dependent that may\nresult in the Authorized\n Individual-Representative no longer qualifying as an Authorized\nIndividual-Representative,\nthe \nAuthorized \nIndividual-Representative \nwill \nadvise \nthe\nDependent's Providers of the same.\nThird-party Content & Services\nAllscripts may make third-party services available through the Service. For\nexample, Allscripts\nmay enable you to integrate your FollowMyHealth Universal\nHealth Record with third-party\npersonal health records. In order to use a\nspecific available service, you must inform Allscripts\nthat you would like to:\n(a) allow the third-party Service Provider to retrieve, provide, and/or\nmodify\nPHR Data in your account or (b) otherwise share your PHR Data with the\nthird-party\nService Provider. Once you authorize a specific third-party\n Service Provider to access your\naccount, the Service Provider may continue to\n access your account until you affirmatively\ndisable access. Third-party\nService Providers may include both Providers and other entities.\nYou are solely\nresponsible for reviewing and approving each such third-party before sharing\nyour PHR Data through the Service or otherwise allowing them to access it. If\nyou elect to use\nany service Allscripts adds to or enables within the Service,\n such election constitutes your\nauthorization and consent to sharing your\n Personal Information with all authorized third-\nparties.\nThe Service may include advertisements or promotional messages sponsored by third\nparties\n(collectively, \"Third Party Messages\"). The manufacturers, services providers, distributors and\nresellers of the products and services identified in the Third Party Messages are solely\n\nresponsible for the accuracy of their messages and the suitability, efficacy, safety and quality\nof such products or services. A Third Party Message does not in any way constitute or imply\nour recommendation or endorsement of such product or service. The manner in which your\nPersonal Information may be used in relation to targeting and/or delivering Third Party\nMessages is governed by the applicable provisions of the FollowMyHealth Privacy Policy. Third\nParty Messages may vary by state.\nThird Party Messages may include, but not be limited to, the following:\nNotifications from your healthcare organization - This includes important updates from your\nProvider or wellness coach such as appointment reminders, health record updates and more.\nNotifications \nabout \nFollowMyHealth \n- \nThis \nincludes \nimportant \ninformation \nabout\nFollowMyHealth such as new updates and information related to using FollowMyHealth\nfeatures.\nNotifications about Third Party Partners - This includes information about our partners\nregarding products and services intended to improve health care.\nYou have the option of opting out of receiving these Third Party Messages at any time by\naccessing \nyour \naccount \non \na \nlaptop \nor \ncomputer \nand \ngoing \nto \nMy\nAccount→Preferences→Notification Preferences.\nAllscripts is not responsible for and does not endorse any third-party content\nor services, and\ndoes not make any representations or warranties regarding\ntheir quality, content or accuracy.\nAllscripts further does not endorse any\n third-party Service Providers (including Providers),\nproducts, services,\n opinions, or web sites accessed through the Service. USE OF THIRD-\nPARTY SERVICES\nAND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK.\nALLSCRIPTS MAY NOT BE\n HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR\nRELATED TO YOUR USE OF ANY\nTHIRD-PARTY SERVICE OR CONTENT.\nNot Medical Advice\nYou acknowledge and agree that neither Allscripts nor the Service offers medical\nadvice. Any\ncontent or data accessed through the Service is for informational\npurposes only and is not a\nsubstitute for the professional judgment of health\n care providers in diagnosing and treating\npatients. Allscripts, its licensors\n and Service Providers are not responsible for the accuracy,\ntimeliness, or\ncompleteness of your Personal Information, or for any reliance by you or any\nmedical professional on your Personal Information within FollowMyHealth.\n Allscripts is not\nresponsible for any Provider's reliance or non-reliance on\n your FollowMyHealth Universal\nHealth Record, Personal Information, PHR Data or\nthe accuracy thereof.\nPrescriptions\nAllscripts may enable a tool within the Service that allows you review\nand/or request a renewal\nof prescriptions from your authorized Providers.\nIf you use the Service to review or request a\nrenewal of a prescription,\nyou agree that it is up to you to (a) verify that you have obtained the\nintended prescription and medication; (b) review all accompanying labels,\n instructions and\n\ninformation; and (c) contact your Provider with any\n questions or concerns regarding your\nprescriptions. Allscripts, its\n licensors and Service Providers are not responsible for any\ninaccuracy in\nprescriptions, medications, or the way in which you take such medications.\nAllscripts Proprietary Rights\nAllscripts and its licensors own all proprietary rights to the Service and\n all content and\ntechnology related thereto, except for Personal Information\n and PHR Data, of your\nFollowMyHealth Universal Health Record. Allscripts\n grants you a personal, revocable, non-\nassignable, and non-exclusive license\n to use the Service in accordance with these Terms of\nUse. You may not copy,\n modify, create derivative works of, publicly display or perform,\nrepublish,\nstore, transmit or distribute any of Allscripts' or its licensors' proprietary\nmaterial in\nthe Service without the prior written consent of Allscripts.\nExcept as expressly set forth herein,\nyou have no right, title or license to\nany of Allscripts' or its licensors' intellectual property.\nRestrictions on Use\nYour use of the Service and any content accessed or submitted through the\n Service must\ncomply with all applicable laws, regulations and ordinances,\nincluding any laws regarding the\nexport of data or software. Specifically\nyou agree not to do any of the following: (a) upload to\nor transmit on the\nService any defamatory, indecent, obscene, harassing, violent or otherwise\nobjectionable material, or any material that is, or may be, protected by\n copyright, without\npermission from the copyright owner; (b) use the Service\nto violate the legal rights (including\nthe rights of publicity and privacy)\n of others or to violate the laws of any jurisdiction; (c)\nintercept or\n attempt to intercept electronic mail or messages not intended for you; (d)\nmisrepresent an affiliation with any person or organization; (e) upload to\nor transmit on the\nService any advertisements or solicitations of business;\n(f) restrict or inhibit use of the Service\nby others, including disrupting\nthe normal flow of dialogue, causing a screen to scroll faster\nthan other\nusers are able to type, or otherwise acting in a way which affects the\nability of other\npeople to engage in real time activities via this Service;\n(g) upload or otherwise transmit files\nthat contain a virus or corrupted data;\n(h) collect information about others (including e-mail\naddresses) without\ntheir consent; (i) download a file or software or include in a message any\nsoftware, files or links that you know, or have reason to believe, cannot be\ndistributed legally\nover the Service or that you have a contractual obligation\nto keep confidential (notwithstanding\nits availability on the Service); (j)\npost \"spam,\" transmit chain letters or engage in other similar\nactivities;\n(k) advocate illegal activity or discuss an intent to commit an illegal act;\n(l) disobey\nany policy or regulations, including any code of conduct or other\nguidelines, established from\ntime to time regarding use of this Service or\nany networks connected to this Service; (m) falsify\nor delete any author\nattributions, legal or other proper notices or proprietary designations or\nlabels of the origin or source of software or other material; (n) upload to\nor transmit on the\nService any hyperlinks to other sites that contain content\nthat falls within the descriptions set\nforth in this Section; (o) access the\nService other than by the interfaces provided by Allscripts;\n(p) create,\ntransmit, or display health or other information that you do not own or do not\nhave\nthe right to use; or, (q) engage in any other conduct that restricts or\ninhibits anyone's use or\nenjoyment of the Service, or which, as determined by\nAllscripts, may harm Allscripts or users of\nthe Service or expose them to liability.\n\nYou further agree that you will not: (i) use any device, software or routine\nthat interferes with\nthe proper working of the Service, (ii) attempt to interfere\n with the proper working of the\nService, (iii) take any action that imposes an\nunreasonable or disproportionately large load on\nAllscripts' infrastructure, or\n(iv) access, reload or \"refresh\" transactional pages, or make any\nother request\nto transactional servers, more than once during any three (3) second interval.\nModification and Termination\nAllscripts may place limits on, modify, suspend or terminate all or any\nportion of the Service at\nany time without prior notice. Additionally,\n notwithstanding the rights you may have to the\nPersonal Information and/or\n PHR Data in your FollowMyHealth Universal Health Record, if\nany, Allscripts\nmay cancel your account and delete all data associated with your account at\nany\ntime, and without notice, if we deem that you have violated the terms\nof this agreement. The\nconnection to your Provider may be modified,\nsuspended, or terminated by your Provider at any\ntime and without notice,\nhowever, you will still have access to your FollowMyHealth account.\nIn addition, except with respect to an Authorized Individual-Representative\nwho establishes an\naccount on behalf of a Dependent, Allscripts will\nterminate your account within thirty (30) days\nof its receipt of a death\n certificate certifying your death. With respect to an Authorized\nIndividual-Representative, Allscripts will terminate all accounts associated\n with such\nAuthorized Individual-Representative within thirty (30) days of\nits receipt of a death certificate\ncertifying the death of such Authorized\nIndividual-Representative unless a Dependent also has\na living Authorized\nIndividual-Representative associated with the account. Accordingly, you are\nsolely responsible for maintaining your own copies of any PHR Data or Personal\nInformation\nmaintained within the Service or of any communications received\n through the Service.\nAllscripts assumes no liability for any information\nremoved from the Service. Allscripts also has\nthe right to maintain and/or\ndestroy all data associated with your account in accordance with\nits then\n current document retention and destruction policies. Upon any termination of\n your\naccess to the Service, you must cease all use of the Service.\nYou also have the right to terminate your FollowMyHealth account. You may\n delete your\nFollowMyHealth account at any time by accessing the My Account\n-> Preferences section of\nFollowMyHealth.\nExclusion of Warranties\nTHE SERVICE IS PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS. NEITHER\nALLSCRIPTS\n NOR ANY OF ALLSCRIPTS' LICENSORS OR SERVICE PROVIDERS MAKES\nANY EXPRESS WARRANTIES,\n AND EACH OF THEM DISCLAIMS ALL IMPLIED\nWARRANTIES WITH RESPECT TO THE SERVICE,\nINCLUDING IMPLIED WARRANTIES OF\nACCURACY, MERCHANTABILITY, FITNESS FOR A\n PARTICULAR PURPOSE, AND NON-\nINFRINGEMENT. NEITHER ALLSCRIPTS NOR ANY OF ALLSCRIPTS'\n LICENSORS OR\nSERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE\nSATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION\nON\nPRESCRIPTION DRUG PRODUCTS. CONTENT IN THE SERVICE IS DEVELOPED FOR\nUSE IN THE\n UNITED STATES, AND NEITHER ALLSCRIPTS NOR ANY OF ALLSCRIPTS'\nLICENSORS OR SERVICE\n PROVIDERS MAKES ANY REPRESENTATION CONCERNING\nTHE CONTENT WHEN USED IN ANY OTHER COUNTRY.\n\nLimitation of Liability\nNEITHER ALLSCRIPTS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE\nHELD\nLIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY\nLEGAL THEORY,\nARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO\nUSE, THE SERVICE,\n INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,\nCONSEQUENTIAL OR PUNITIVE\n DAMAGES, INCLUDING, BUT NOT LIMITED TO,\nPERSONAL INJURY, WRONGFUL DEATH, LOST\n PROFITS OR DAMAGES RESULTING\nFROM DELAY, INTERRUPTION IN SERVICE, VIRUSES,\n DELETION OF FILES OR\nELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER\nINACCURACIES\nIN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY ALLSCRIPTS AND\nWHETHER\nOR NOT ALLSCRIPTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH\nDAMAGES. NEITHER ALLSCRIPTS NOR ANY OF ITS LICENSORS OR SERVICE\nPROVIDERS MAY\nBE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.\nTHE LIMITATIONS IN\nTHIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE\nLAWFUL IN YOUR JURISDICTION.\nLaw and Venue\nThese Terms of Use are governed by Illinois law. THE EXCLUSIVE VENUE FOR\nANY DISPUTE\nRELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED\nIN COOK\nCOUNTY, ILLINOIS. YOU AND ALLSCRIPTS CONSENT TO THE PERSONAL\nJURISDICTION\nOF THESE COURTS. Nothing in this agreement limits either\nparty's ability to seek equitable\nrelief.\nGeneral Legal Terms\nFor purposes of clarification, these Terms of Use are for end users of the\nService. From time-\nto-time, Allscripts may require licensees of components\n of the Service and other Allscripts\nofferings to enter into a separate\n agreement with Allscripts related to such components or\nofferings. If there\n is any conflict between such agreement and these Terms of Use, the\nseparate\nagreement will control with respect to the specific product or service.\nAllscripts' licensors and Service Providers are third-party beneficiaries\nto these Terms of Use.\nIf Allscripts provides you with a translation of\nthe English language version of this agreement,\nthe English language version\nof this agreement will control if there is any conflict. Failure to\nenforce\nany provision will not constitute a waiver of that provision. If any\nprovision is found\nunenforceable, it and any related provisions will be\n interpreted to best accomplish the\nunenforceable provision's essential\npurpose. The other provisions of these Terms of Use shall\nremain in full\nforce and effect.\nDate last modified: November 13, 2019\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Maya","url":"http://plackal.in/terms-and-privacy-policy/","lang":"ENG","sector":"Health","hq":"India","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Terms and Privacy Policy\nTERMS OF USE\nPlease read the following terms of use (“Terms of Use” or “Terms”) of the application, Maya (“Application”).\nFor the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal\nperson who has agreed to become a registered User on the Application by providing registration data while registering on\nthe Application. The term “We”, “Us”, “Our” shall mean Plackal Techno Systems Private Limited (“Maya” or the\n“Company”, which expression shall, wherever the context permits, admits or requires, be deemed to mean and include its\nsuccessors in interest and permitted assigns). The Application is owned and operated by the Company. Please read the\nTerms carefully before logging in, or using in any manner whatsoever the Application.\nYou will be bound by the Terms of Use set forth herein and the Privacy Policy available here http://plackal.in/terms-and-\nprivacy-policy/. These Terms of Use and the Privacy Policy constitute a valid and legally binding agreement between You\nand Us, Plackal Techno Systems Private Limited. By logging in, or using the Application, You agree to be bound by these\nTerms, the Privacy Policy including any additional guidelines and future modifications. If You find any of these Terms or\nany provisions of the Privacy Policy unacceptable, do not tender Your acceptance to use the Application or any of its\nfeatures. You acknowledge that the Company is providing You with a revocable, limited, non-exclusive, and non-\ntransferable license to use the features of the Application.\nThis document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as\napplicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This\nelectronic record is generated by a computer system and does not require any physical or digital signatures.\nWhen You use the Application You will be subject to these Terms of Use. We may update these Terms of Use from time to\ntime and will notify You as and when We do so. Please ensure You read our Terms of Use and any updated version when\nYou use the Application.\nCompany and You may be individually referred to as a “Party” and collectively as “Parties”, as the context may require.\n \n1.0 Acceptance of Terms\n1.1 These Terms set forth a legally binding contract between You and Us. By using the Application, You agree to be\nbound by these Terms. Even if You only visit this Application or review any of the services offered by Us, You will be\nbound by these Terms. If You do not accept these Terms You must not use the Application.\n1.2 To accept these Terms, You must be at least 18 (eighteen) years of age or such other older legal age as is\nrequired in Your jurisdiction to form a legally binding contract in Your jurisdiction. In the event that You are below 18\n(eighteen) years of age or such other older legal age as is required in Your jurisdiction to form a legally binding contract,\nplease ensure that Your guardian accepts these Terms and has read and understood the provisions of the Privacy Policy\non Your behalf.\n1.3 In consideration of Your use of the Application, You represent that You are of legal age to form a binding contract\nand are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You\nalso agree to:\nprovide true, accurate, current and complete information about Yourself as prompted on the Application;\nmaintain and promptly update Your data to keep it true, accurate, current and complete.\n1.4 If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable\ngrounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend\nor terminate Your account and refuse any and all current or future use of the Application (or any portion thereof) at any\ntime.\n1.5 You may access the Application as available for Your personal use.\n1.6 You will be required to enter a valid phone number while registering on the Application. By registering Your phone\nnumber with us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any\nsubscription/service updates.\n\n \n2.0 Services\n2.1 To avail any services offered by the Company, You will have to register with the Application to create Your\naccount. You may then update the Application with personal information relating to You.\n2.2 The Company offers You a technology platform via the Application which facilitates You to update Your\ninformation to help You track Your period cycles (“Cycles”), flow duration and also help predict Your next Cycle contingent\nto the information update by You.\n2.3 The Company does not guarantee the consistency or the stability of the Application. Further, any services\nprovided by the Company may be subject to change at the discretion of the Company, and the Company does not require\nYour permission for the same.\n2.7 The Application also automatically syncs the data entered by You to Your registered e-mail address.\n2.8 The Application allows You to password protect it, in the event that You wish to do so.\n \n3.0 Premium Services\n3.1 You may use our premium services by paying an amount as specified in the Application to avail exclusive\npremium services. These premium services may be different for each user of the Application.\n3.2 Any payments made to the Company in respect of premium services are non-refundable and there are no refunds\nor credits for partially used periods.\n3.3 The Company may at its discretion revise the amount payable in respect of premium services, and any services\nthat may be applicable to premium Users. The Company also does not guarantee that the exclusive services will remain\nexclusive only to a premium User, these services may also be provided to users who have not paid the requisite fee to\nupgrade their services to premium.\n \n4.0 Health Disclaimer\n4.1 Any information provided to You through this Application, including, but not limited to, any predictions, and/or\nadvice should not be treated as medical advice, diagnosis or treatment. We suggest You consult a qualified Doctor for any\nqueries or clarifications about Your Cycles or health in general.\n4.2 The Company shall not be held responsible for any reason whatsoever, if You use this website Application as a\nmethod of contraception or conception. The purpose of this Application is to keep track of Your Cycles according to the\ndates entered by You.\n4.3 PLEASE NOTE, THE COMPANY, ITS OFFICERS, AND EMPLOYEES ARE NOT QUALIFIED TO GIVE\nMEDICAL ADVICE OR PROGNOSIS AND WE DO NO’T GIVE ANY SUCH MEDICAL ADVICE. PLEASE CONSULT\nYOUR DOCTOR FOR ANY PROBLEMS.\n4.4 You expressly waive and release any claim that You may have against the Company or its directors, employees,\nagents, contractors, affiliates and representatives at any time for any health concerns issues of any kind that You may\nexperience as a result of Your use of the Application.\n4.5 The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or\nother information that may be mentioned on the Application. Reliance on any information provided by the Company,\nemployees, others appearing on the Application is solely at your own risk. The Application and any content on it is\nprovided on an “AS IS” basis.\n \n5.0 User Account, Password and Security\n\n5.1 If You download the Application, You may be required to choose a password, passcode, and nick name. You are\nresponsible for maintaining the confidentiality of Your password, passcode and account information, and are fully\nresponsible for all activities that occur under Your password, passcode or account. If there is any compromise on Your\npassword and/or Your passcode You can change Your password and or passcode using the ‘forgot password’ and/or\n‘forgot passcode’ functionality.\n \n6.0 Prohibited Conduct\n6.1 You agree that You shall not use the Application in order to host, display, upload, modify, publish, transmit,\nupdate, distribute, share, store or destroy material:\nin violation of any applicable law or regulation;\nin a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary\nrights of others or violate the privacy, publicity or other personal rights of others;\nthat belongs to another person and to which the user does not have any right to;\nthat is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,\ninvasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging,\nrelating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;\nharm minors in any way;\ndeceives or misleads the addressee about the origin of such message or communicates any information which is\ngrossly offensive or menacing in nature;\nimpersonate another person or entity;\ncontains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the\nfunctionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or\nsite;\nthreatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of\npublic order or causes incitement to the commission of any cognizable offence or prevents investigation of any\noffence or insulting any other nation.\n6.2 If You become aware of misuse of the Application by any person, please contact [email protected]\n \n7.0 Termination or Suspension of Account\n7.1 You agree that the Company may at any time and for any reason, terminate Your access to the Application, or\nrestrict or suspend Your access to all or any part of the Application at any time, for any or no reason, with or without prior\nnotice, and without liability. If there is a suspicion of untoward or illegal activity, we may suspend Your account\nimmediately.\n \n8.0 Preservation/Disclosure\n8.1 You acknowledge, consent and agree that the Company may access, preserve and disclose Your account\ninformation if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably\nnecessary to:\ncomply with legal process nationally or internationally;\nenforce this Agreement;\nrespond to claims that any Content violates the rights of third parties;\nprotect the rights, property or personal safety of the Company, its users and the public; or\npursuant to the terms of the Privacy Policy (http://plackal.in/terms-and-privacy-policy/).\nwe may use Your information to reach You for marketing or promotional purposes through any channel.\n\n \n9.0 Security Components\n9.1 You understand that the Application and software embodied within the Application may include security\ncomponents that permit digital materials to be protected, and that use of these materials is subject to usage rules set by\nthe Company. You may not attempt to override, disable, circumvent or otherwise interfere with any such security\ncomponents and usage rules embedded into the Application.\n \n10.0 Proprietary Rights\n10.1 All materials on the Application, including, without limitation, names, logos, trademarks, images, text, columns,\ngraphics, graphs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights,\ntrademarks and/or other intellectual property rights owned and controlled by the Company. You acknowledge and agree\nthat all Material on the Application is made available for limited, non-commercial, personal use only. Except as specifically\nprovided herein or elsewhere in the Application, no Material may be copied, reproduced, republished, sold, downloaded,\nposted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the\nCompany’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any\nunauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Application or\nany part of the Material for any purpose other than its intended purposes is strictly prohibited.\n \n11.0 Maya and Links to Third Parties\n11.1 Our Application may contain links to other apps or websites owned by third parties (i.e. advertisers, affiliate\npartners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the\nproducts or offerings of, any of these businesses or individuals, or the accuracy of the content of their applications or\nwebsites. The Company does not assume any responsibility or liability for the actions, product, and content of any such\napplications or websites. Before You access or visit any third party applications or websites, You should review the\napplicable terms of use and prevailing policies for such applications or websites. If You decide to access any such third\nparty platform, You do so at Your own risk.\n \n12.0 International Use\n12.1 Due to the global nature of the Internet, You agree to comply with all applicable local (Indian) laws and regulation\nrules regarding use of the Application. Specifically, You agree to comply with all applicable laws regarding the\ntransmission of technical data exported from India or the country in which You reside.\n \n13.0 Trademark, Copyright and Restriction\n13.1 The Application is proprietary software developed and made available exclusively by the Company. The Company\nis the sole owner of the Application, and all software created to make the Application available to You. The Company\nprovides You with a single limited license to download, use and access the Application on Your mobile telephone devices\nfor the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive. All\ncontent on the Application, which is including, but not limited to, designs, text, graphics, graphs, images, information,\nlogos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of the\nCompany.\n13.2 All icons and logos are trademarks of and proprietary to the Company. The unauthorized copying, modification,\nuse or publication of these marks is strictly prohibited.\n13.3 All Content is the exclusive copyright of the Company or its licensors, except the Third Party Content and link to\nthird party apps or websites. Systematic retrieval of the Company’s Content to create or compile, directly or indirectly, a\ncollection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes)\nwithout written permission from the Company is prohibited. In addition, use of the Content for any purpose not expressly\npermitted by the Company in these Terms is prohibited and may invite legal action.\n\n13.4 All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights,\ntrademarks, and other intellectual property rights. Material on the Application is solely for Your personal, non-commercial\nuse. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by\nemail or other electronic means and whether directly or indirectly and You must not assist any other person to do so.\nWithout the prior written consent of the Company, modification of the Content, use of the Content on any other website,\nApplication or networked computer environment or use of the materials for any purpose other than personal, non-\ncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for\nwhich You receive any remuneration, whether in money or otherwise, is commercial use for the purposes of these Terms.\n13.5 The Company respects the intellectual property of others. In case You feel that Your trademark or copyright has\nbeen infringed, You can write to us at [email protected].\n \n14.0 Terms and Termination\n14.1. These Terms of Use shall remain in full force and effect for so long as You use the Application. You may delete\nYour account at any time, for any reason, by following the instructions on the Application. The Company however does not\noffer any refunds.\n14.2 The Company reserves the right to terminate the services or the Application without prior notice. Your account or\nYour access to the Application maybe terminated immediately, with or without notice to You, and without liability to You, if\nthe Company believes that You have breached any of these Terms, the Privacy Policy, or any false or misleading\ninformation, or interfered with use of the Application by others.\n14.3 The Company reserves the right to cancel delete or deactivate Your Account, if it believes the same has been\ncompromised, or is being used fraudulently, at its own discretion.\n \n15.0 Disclaimer of Warranties and Liability\n15.1 All Material on this Application, (including but not limited to software) and services, included on or otherwise\nmade available to You through this Application are provided on “AS IS” and “AS AVAILABLE” basis without\nany representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the\nforgoing paragraph, the Company does not warrant that:\nThe Application will be constantly available, or available at all; or\nThe information on the Application is complete, true, accurate or non-\n15.2 The Company will not be liable to You in any way or in relation to the Material, or use of, or otherwise in\nconnection with the Application. The Company does not warrant that the Application, information, content, materials,\nproduct (including software) or services included on or otherwise made available to You through the Application are free of\nviruses or other harmful components.\n15.3 Nothing on the Application constitutes, or is meant to constitute, advice of any kind.\n15.4 SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES’, OR ITS\nAGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE\nAFORESAID SERVICES SHALL EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY THE\nCOMPANY FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.\n \n16.0 Exclusions and Limitations\n16.1 Those who access or use the Application from other jurisdictions do so at their own volition and are responsible\nfor compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or\nexclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above\nlimitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.\n \n\n17.0 Indemnity\n17.1 You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, subcontractors,\nofficers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages,\nobligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:\nYour use of and access to the Application;\nYour violation of any Terms and the Privacy Policy contained herein;\nYour violation of any third party right, including without limitation any copyright, property, or privacy right.\n \n17.0 Additional Terms\n18.1 We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain\npromotions or activities available through the Application, to obtain certain premium Content through the Application, or for\nother reasons. These additional terms are part of this Agreement, and You agree to comply with them when You\nparticipate in those promotions, or otherwise engage in activities governed by such additional terms.\n18.2 We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the\nservice or any of the Application (or any portion thereof) with or without notice. You agree that we will not be liable to You\nor to any third party for any such modification, editing, deletion, suspension or discontinuance of the Application.\n18.3 This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but\nmay be assigned by the Company without restriction.\n18.4 This Agreement together with the Privacy Policy and any other legal notices published by the Company on the\nApplication, shall constitute the entire agreement between You and the Company concerning the Application and governs\nYour use of the Application, superseding any prior agreements between You and the Company with respect to the\nApplication.\n18.5 The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a\nwaiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid,\nthe Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the\nprovision, and the other provisions of this Agreement remain in full force and effect.\n18.6 These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the\nexclusive jurisdiction of courts located in Bangalore.\n \n19.0 Grievance Officer\n19.1 In case of any grievance arising from the use of the App, please contact the Grievance Officer, the details of\nwhich are set forth below:\nGrievance Officer: Name: John Paul Contact: [email protected]\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Sleep Cycle","url":"https://www.sleepcycle.com/terms-of-use/","lang":"ENG","sector":"Health","hq":"Sweden","hq_category":"EU","is_public":"Private","is_paid":"Paid","date":"04.06.2014"},"document":{"title":"","text":"Sleep Cycle alarm clock >\nTerms of Use\nTerms of Use\nGeneral\nThese Terms of Use govern, together with the Privacy Policy, your use of the Sleep\nCycle alarm clock mobile application (the ”Application”) and related services\nprovided by Northcube AB (”Us”, ”We”).\nBy downloading the Application you agree to be bound by these Terms of Use and\nby completing the online registration process, you confirm and affirm that you\nhave read, understood and agree to these Terms of Use. If you do not agree to\nthese Terms of Use, do not use the Application.\nIntellectual Property Rights\nThe Application and all related trademarks, logos, software and other intellectual\nproperty rights are and shall remain our exclusive property. Your right to use the\nApplication and its content is personal, non-exclusive, non-sublicenseable and non-\ntransferable. Any copying, republication or redistribution of the Application or any\no fits content is strictly prohibited.\nDisclaimer of Warranty\nThe Application and all of its content is provided on an ”As Is” and ”As available”\nbasis and We do not provide any assurances of the availability or usability by you\nof the Application.\nLimitation of Liability\nWe shall not be liable for any errors in any content or for any actions taken in\nreliance thereon. Furthermore, we shall not be liable to you for any interception of\nonline communications, software or hardware problems (including, without\nlimitation, viruses, loss of data or compatibility conflicts).\nSleep Secure Subscription\nWe use cookies. Read more | Accept\n\nYou may at any time terminate your membership, in which case your membership\nwill still be valid for the subscription time you have already paid for. Our auto\nrenewable In-app purchase subscriptions can only be cancelled using the App\nStore or Google Play cancelation services. If you would like to contact Apple,\nplease click here. Subscription fees can be found in the mobile application Sleep\nCycle alarm clock. We reserve the right to change the subscription fees from time\nto time.\nMiscellaneous\nWe reserve the right to, from time to time, in our sole discretion amend these\nTerms of Use. It is your responsibility to review these Terms of Use from time to\ntime to understand the extent of changes. Your continued use of the Application\nconstitutes your agreement to the amended and updated Terms of Use.\nLast amended and updated 4 June 2014.\nHome\n\nHow Sleep Cycle works\n\nAbout Sleep\n\nPress\n\nContact\n\nSupport\n\nPrivacy Policy\n\nCareer\n\nInvestor Relations\n© Sleep Cycle\nWe use cookies. Read more | Accept\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"ZnanyLekarz","url":"https://www.znanylekarz.pl/regulamin","lang":"PL","sector":"Health","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Optionally paid","date":"23.09.2019"},"document":{"title":"","text":"Regulamin\nRegulamin świadczenia usług drogą elektroniczną przez ZnanyLekarz.pl\nRegulamin stosowany od dnia 23.09.2019 r.\nWięcej informacji na temat Serwisu znajdziesz tutaj: https://znanylekarz.zendesk.com/hc/pl\n§1. Postanowienia ogólne\n1. Definicje:\na. Usługodawca lub ZnanyLekarz – ZnanyLekarz Sp. z o.o. z siedzibą w Warszawie (01-217) przy ul. Kolejowej 5/7, wpisana do\nRejestru Przedsiębiorców Krajowego Rejestru Sądowego prowadzonego przez Sąd Rejonowy dla m. st. Warszawy XII Wydział\nGospodarczy KRS, pod numerem KRS 0000347997, NIP 7010224868, REGON 142276657\nb. Serwis – serwis internetowy prowadzony przez Usługodawcę pod adresem: https://www.znanylekarz.pl.\nc. Regulamin – niniejszy regulamin świadczenia usług drogą elektroniczną przez Usługodawcę.\nd. Użytkownik – osoba fizyczna, posiadająca pełną zdolność do czynności prawnych, która (i) dokonała Rejestracji w Serwisie, lub\n(ii) dokonała rejestracji w Serwisie z wykorzystaniem serwisu Facebook, lub (iii) dokonała rezerwacji terminu u Profesjonalisty\nza pomocą Kalendarza Wizyt, lub (iv) skorzystała z funkcjonalności zadawania pytań Profesjonalistom.\ne. Profesjonalista – korzystający z serwisu, będący lekarzem, lekarzem dentystą, psychologiem, rehabilitantem, położną,\ndietetykiem, terapeutą, a także weterynarzem lub inną osobą niewymienioną powyżej wykonującą czynności w zakresie\nświadczeń zdrowotnych, świadczącą usługi zdrowotne, medyczne lub paramedyczne.\nf. Placówka – miejsce wykonywania czynności w zakresie świadczeń zdrowotnych, usług zdrowotnych, medycznych lub\nparamedycznych.\ng. Właściciel – korzystający z serwisu, który jest osobą upoważnioną do zarządzania informacjami o Placówce. Uprawnienia te są\nweryfikowane przez Usługodawcę.\nh. Profil – zbiór informacji na temat Profesjonalisty umieszczony w Serwisie w postaci podstrony Serwisu posiadającej unikalny\nadres URL.\ni. Rejestracja – proces utworzenia Konta.\nj. Konto – wpis w bazie danych Serwisu, dotyczący Użytkowników lub Profesjonalistów, z którego wynika możliwość dostępu do\nokreślonych Usług.\nk. Usługa – usługa świadczona drogą elektroniczną polegająca na wysyłaniu i odbieraniu danych za pomocą publicznych\nsystemów teleinformatycznych na indywidualne żądanie usługobiorcy – Użytkownika, bez jednoczesnej fizycznej obecności\nstron.\nl. Kalendarz Wizyt – program komputerowy będący narzędziem do zarządzania grafikiem pracy Profesjonalisty, umożliwiający\nUżytkownikowi dokonanie rezerwacji terminu u Profesjonalisty przez Internet oraz samodzielne dodawanie terminów\ndostępnych do zarezerwowania przez Profesjonalistę.\n2. Usługodawca świadczy Usługi na podstawie niniejszego Regulaminu.\n§2. Rodzaje i zakres Usług\n1. Usługodawca świadczy między innymi następujące Usługi:\na. umożliwia Użytkownikom publikowanie informacji i opinii o Profesjonalistach skatalogowanych według województw, miast i\nkategorii;\nb. udostępnia wyszukiwarkę Profesjonalistów i Placówek;\nc. powiadamia o nowych informacjach i opiniach;\nd. umożliwia Użytkownikom zadawanie pytań zweryfikowanym Profesjonalistom;\ne. umożliwia zweryfikowanym Profesjonalistom podawanie i korygowanie informacji o sobie, odnoszenie się do opinii\nUżytkowników oraz odpowiadanie na zadane pytania;\nf. umożliwia rezerwację terminu u Profesjonalistów i w Placówkach, które udostępniły taką możliwość.\n2. ZnanyLekarz świadczy usługi polegające na informowaniu Użytkowników\nInternetu o praktyce zawodowej Profesjonalistów poprzez\numieszczanie\ninformacji o takiej praktyce w Internecie. Na życzenie Profesjonalistów\nZnanyLekarz umieszcza również informacje o\npraktyce zawodowej\nProfesjonalistów na mapach internetowych oraz tworzy konta dla Profesjonalistów do zarządzania informacjami\numieszczonymi na mapach. Na mapach internetowych umieszczony zostanie odnośnik (link) do Profilu Profesjonalisty w\nSerwisie.\n3. W celu świadczenia usług, o których mowa w ust. 2 ZnanyLekarz może\nnawiązywać z podmiotami trzecimi stosunki umowne, które są\nniezbędne dla\nświadczenia tych usług. W szczególności Usługodawca może zawierać umowy,\nktórych celem będzie:\na. zapewnienie wysokiej pozycji w wynikach wyszukiwania wyszukiwarek\ninternetowych,\nb. oznaczenie miejsca wykonywania praktyki zawodowej Profesjonalistów na\nmapach internetowych.\n4. Informacje i opinie o Profesjonalistach i Placówkach publikowane są w formie rankingów, w których miejsce na liście zależy m.in. od\notrzymanych opinii.\n5. Pozycja Profesjonalisty w wynikach wyszukiwania w Serwisie może zależeć w szczególności od takich czynników jak dostępność\nterminów w Kalendarzu Wizyt, poziom lub jakości uzupełnienia Profilu oraz zawarta z Usługodawcą odpłatna umowa.\n6. Dostęp do większości usług Serwisu jest bezpłatny, w szczególności nie są pobierane opłaty za rejestrację oraz publikowanie\npodstawowych informacji o Profesjonalistach i Placówkach. Usługodawca nie pobiera opłat za opinie i komentarze zamieszczane w\nSerwisie.\n\n7. Usługodawca zastrzega sobie prawo do wprowadzenia opłat od dowolnych usług świadczonych w ramach Serwisu i jednocześnie\nzobowiązuje się poinformować o zmianach z odpowiednim wyprzedzeniem.\n§3. Warunki świadczenia usług\n1. W celu korzystania z Usług należy spełnić poniższe warunki techniczne:\na. posiadać dostęp do sieci Internet,\nb. posiadać przeglądarkę internetową (jedną z następujących): Firefox, Chrome, Safari, IE, Opera, zaktualizowaną do najnowszej\nwersji.\n2. Każdy korzystający z Internetu może zapoznawać się z informacjami i opiniami o Profesjonalistach oraz korzystać z wyszukiwarki.\n3. Każdy Użytkownik może zarezerwować termin u Profesjonalisty za pomocą Kalendarza Wizyt, pod warunkiem zweryfikowania numeru\ntelefonu komórkowego oraz adresu e-mail. W niektórych przypadkach rezerwacja terminu u Profesjonalisty może wymagać podania nr\nPESEL. Podanie nr PESEL jest uzasadnione koniecznością identyfikacji Użytkownika przez Profesjonalistę lub Placówkę.\n4. Zarezerwowanie wizyty u Profesjonalisty jest możliwe wyłącznie w przypadku wyrażenia przez Użytkownika wyraźnej zgody na\nprzetwarzanie przez Usługodawcę danych osobowych Użytkownika o stanie zdrowia (art. 9 ust. 2 lit. a Rozporządzenia 679/2016, tzw.\nRODO) oraz udostępnienia tych danych wybranemu Profesjonaliście. Usługodawca informuje, że brak wyrażenia zgody na\nprzetwarzanie danych osobowych Użytkownika o stanie zdrowia uniemożliwi zarezerwowanie wizyty. W trakcie umawiania\nwizyty\nprzez Serwis Użytkownik\nmoże zdecydować się na wypełnienie ankiety dotyczącej jego stanu zdrowia.\nWyniki tej ankiety zostaną\nprzekazane do wybranego przez Użytkownika\nProfesjonalisty, u którego Użytkownik umawia wizytę. Przekazanie takich danych ma\npomóc Profesjonaliście w przygotowaniu się do wizyty.\n5. Użytkownik może również:\na. wystawiać opinie o Profesjonalistach;\nb. dodawać i poprawiać informacje o Placówkach;\nc. zadawać pytania zweryfikowanym Profesjonalistom;\nd. zgłaszać nadużycia.\n6. Zadanie pytania zweryfikowanemu Profesjonaliście jest możliwe wyłącznie w przypadku wyrażenia przez Użytkownika wyraźnej zgody\nna przetwarzanie przez Usługodawcę danych osobowych Użytkownika o stanie zdrowia (art. 9 ust. 2 lit. a Rozporządzenia 679/2016,\ntzw. RODO) oraz udostępnienia tych danych wybranemu Profesjonaliście. Usługodawca informuje, że brak wyrażenia zgody na\nprzetwarzanie danych osobowych Użytkownika o stanie zdrowia uniemożliwi zadanie pytania.\n7. Usługodawca zastrzega sobie prawo do czasowego zawieszenia świadczenia Usług w związku z modernizacją lub przebudową\nSerwisu albo z pracami konserwatorskimi systemu teleinformatycznego. Usługodawca dołoży starań, aby przerwy w świadczeniu\nUsług nie były uciążliwe dla Użytkowników.\n8. Usługodawca nie odpowiada za przerwy w świadczeniu Usług wynikające z przyczyn od niego niezależnych, w szczególności\nstanowiących siłę wyższą (pożary, powodzie, klęski żywiołowe lub meteorologiczne itp.).\n9. Usługodawca nie ponosi odpowiedzialności względem Profesjonalisty lub Placówki za fakt niestawienia się przez Użytkownika w\numówionym terminie, zarezerwowanym za pośrednictwem Kalendarza Wizyt. Usługodawca nie odpowiada wobec Użytkownika za\nbrak możliwości zrealizowania zarezerwowanego za pomocą Kalendarza Wizyt terminu z przyczyn leżących po stronie Profesjonalisty\nlub Placówki. W przypadku konieczności odwołania wizyty zainteresowane strony obowiązane są odwołać rezerwację\nza\npośrednictwem Serwisu.\n10. Profesjonalista ma możliwość zablokowania wybranym przez siebie Użytkownikom rezerwacji terminów wizyt za pomocą Kalendarza\nWizyt. Usługodawca nie odpowiada za niedogodności jakie mogą wystąpić w związku z tym dla Użytkowników.\n§4. Dodawanie opinii i informacji o Profesjonalistach i Placówkach; zadawanie pytań Profesjonalistom\n1. Opinie opatrywane są podpisem (nickiem) Użytkownika.\n2. Opinie i informacje o Profesjonalistach mogą dotyczyć wyłącznie działalności zawodowej Profesjonalisty.\n3. Opinie i informacje o Profesjonalistach mogą opierać się jedynie na osobistych doświadczeniach Użytkownika dotyczących danego\nProfesjonalisty (doświadczenia na linii Lekarz-Pacjent) i muszą one dotyczyć konsultacji medycznej lub wizyty, która miała miejsce.\nNie jest dopuszczalne umieszczanie opinii wspólnych przez kilka osób, opinii dotyczących szeroko rozumianych spraw odnoszących\nsię do kompetencji ZUS, w tym dotyczących orzekania o statusie osoby niepełnosprawnej oraz\nzwiązanych z\ndziałalnością\nProfesjonalistów jako biegłych sądowych lub prokuratorskich. Opinie i informacje nie mogą opierać się na relacjach osób trzecich, w\ntym małżonków, członków rodziny itp. Wyjątek stanowi opisywanie leczenia dzieci, osób w podeszłym wieku, osób niezdolnych do\nsamodzielnego wystawienia opinii oraz leczenia zwierząt.\n4. Jeden Użytkownik może zamieścić tylko jedną opinię na Profilu jednego Profesjonalisty. Opinia może dotyczyć kilku zdarzeń\nmedycznych (wizyt, badań, zabiegów). Wielokrotne umieszczanie opinii przez tego samego Użytkownika jest zakazane, a system\nUsługodawcy blokuje możliwość dodawania kolejnych opinii. Użytkownik może jednak edytować poprzednio umieszczoną opinię.\n5. Niedozwolone jest zamieszczanie w opiniach treści reklamowych, marketingowych lub odnoszących się do tzw. lokowania produktu.\nNiedozwolone jest również umieszczanie w opiniach linków do stron internetowych.\n6. Niedozwolone jest umieszczanie opinii przez Profesjonalistów na własnych Profilach oraz jakiekolwiek próby manipulacji opiniami,\ninformacjami i ocenami.\n7. Niedozwolone jest umieszczanie opinii i komentarzy, które nie są zgodne z prawdą.\n8. Informacje, opinie i komentarze nie mogą naruszać prawa, dóbr osobistych, ani zasad współżycia społecznego. W szczególności\nniedozwolone jest używanie w opiniach wyrażeń wulgarnych, niecenzuralnych i obraźliwych, stosowanie przezwisk, odnoszenie się do\nsfery prywatnej i rodzinnej, oskarżanie o popełnienie przestępstwa, wzywanie do stosowania przemocy lub do nienawiści rasowej,\nwyznaniowej, etnicznej itp. Niedozwolone jest również dodawanie opinii, które mogą zostać uznane za\npomówienie lub które\nkwestionują treści umieszczone przez Profesjonalistę w Serwisie lub kwestionują kwalifikacje zawodowe Profesjonalisty.\n9. Osoby zatrudnione lub współpracujące z tą samą Placówką nie mogą nawzajem dodawać opinii o innych osobach zatrudnionych lub\nwspółpracujących z tą Placówką. Profesjonaliści o tej samej specjalizacji nie mogą wzajemnie dodawać o sobie opinii.\n\n10. Użytkownik zamieszczając opinię w Serwisie oświadcza, że wystawiona przez niego opinia lub komentarz jest prawdziwy i zgodny z\nrzeczywistym stanem rzeczy.\n11. Usługodawca ma prawo odmówić opublikowania opinii, komentarzy i informacji, a już opublikowane opinie, komentarze i informacje\nusunąć, jeżeli są sprzeczne z niniejszym Regulaminem lub przepisami prawa. W przypadku usunięcia opinii, komentarzy lub informacji\nUżytkownikowi w stosunku do Usługodawcy nie przysługuje jakiekolwiek roszczenie.\n12. Usługodawca nie ponosi odpowiedzialności za treść informacji, opinii i komentarzy przekazywanych przez Użytkowników lub\nProfesjonalistów.\n13. Usługodawca ma prawo wymagać od Użytkownika zamieszczającego opinię dodatkowej weryfikacji np. za pomocą konta w serwisie\nFacebook.\n14. Powyższe zasady stosuje się odpowiednio do pytań zadawanych zweryfikowanym Profesjonalistom.\n15. Zadając pytania Profesjonaliście, Użytkownik udziela Usługodawcy niewyłącznej, nieograniczonej w czasie, nieodpłatnej licencji na\nkorzystanie z treści pytania lub jej części na terytorium całego świata, na polach eksploatacji takich jak: zwielokrotnianie techniką\nanalogową i cyfrową, wprowadzanie do pamięci komputera, wprowadzanie do sieci komputerowej lub multimedialnej, wprowadzanie\ndo obrotu, najem, dzierżawa, publiczne udostępnianie w miejscu i czasie wybranym przez\nUsługodawcę,\nwyświetlanie, nadawanie,\nreemitowanie, odtwarzanie, umieszczanie pytania w bazach danych, wykorzystania pytania w celu promocji Usługodawcy i\npublicznego prezentowania pytania w Serwisie. Usunięcie Konta przez Użytkownika nie ma wpływu na obowiązywanie powyższej\nlicencji.\n16. Zadając Profesjonaliście pytanie prywatne, Użytkownik zezwala Usługodawcy na zanonimizowanie i moderację pytania oraz na jego\numieszczenie i publiczne prezentowanie w Serwisie. Ust. 15 stosuje się.\n§5. Profile Profesjonalistów, zweryfikowane Profile\n1. Utworzenie Profilu nowego Profesjonalisty wymaga podania co najmniej podstawowych informacji o nim.\n2. Podstawowe informacje o Profesjonaliście obejmują: tytuł zawodowy, imię i nazwisko, województwo, miejscowość wykonywania\nczynności w zakresie świadczeń zdrowotnych lub innych wskazanych w §1 pkt. 1 lit. e i kategorię Profesjonalisty, a także dane\nadresowe i kontaktowe miejsca przyjmowania pacjentów. Usługodawca zastrzega sobie wyłączne prawo do wprowadzania i\nedytowania informacji w zakresie numeru telefonu oraz innych danych kontaktowych Profesjonalisty. Samodzielnie\nzamieszczanie\ntego typu informacji na Profilach może skutkować usunięciem tych informacji oraz blokadą pola, na którym taką informację\nzamieszczono. Dostęp do zablokowanego pola Profilu odbywa się wówczas za pośrednictwem Usługodawcy.\n3. Jeden Profesjonalista może mieć wyłącznie jeden Profil. Niedozwolone jest utworzenie Profilu wspólnego dla kilku Profesjonalistów.\nProfile powtarzające się będą usuwane.\n4. W polach Profilu oznaczonych odpowiednim komentarzem nie można umieszczać innych informacji niż wynikające z tego\nkomentarza. Dla uniknięcia wątpliwości w polu oznaczonym komentarzem “imię i nazwisko” można wpisać wyłącznie imię i nazwisko\ndanego Profesjonalisty. Zasada ta stosuje się odpowiednio do innych pól.\n5. Każdy Profesjonalista może utworzyć swój Profil lub potwierdzić informacje zawarte na Profilu utworzonym uprzednio w Serwisie. W\ntym celu niezbędne jest dokonanie rejestracji w Serwisie.\n6. Profil utworzony lub potwierdzony przez Profesjonalistę oznaczony jest, jako „Profil zweryfikowany”.\n7. Na Profilu zweryfikowanym Profesjonalista otrzymuje dodatkowe uprawnienia, a w szczególności może:\na. edytować informacje o sobie;\nb. dodać swoje zdjęcie;\nc. odpowiadać na opinie wystawione przez Użytkowników w formie komentarzy;\nd. odpowiadać na zadane przez Użytkowników pytania;\ne. przeglądać statystyki Profilu,\nf. kontaktować się z Użytkownikami.\n8. Profesjonalista może zamieszczać jedynie swoje zdjęcie, umożliwiające jego rozpoznanie. Zamieszczając zdjęcie w Serwisie,\nProfesjonalista wyraża zgodę na rozpowszechnianie i publiczne udostępnianie swojego wizerunku. Usunięcie Konta nie ma wpływu na\npowyższą zgodę. Zabrania się zamieszczania zdjęć innych osób, a także wszelkiego rodzaju utworów graficznych (np. logotypów).\nZezwala się, ze względu na cechy formatu cyfrowego, na retusz fotografii, pod warunkiem, że będzie on\npolegał na\nzastosowaniu\nkorekty globalnej, która polepsza jakość (np. nasycenie, kontrast). Nie zezwala się natomiast na stosowanie zabiegów selektywnych w\ncelu dodawania lub odejmowania elementów, łączenia kilku fotografii lub zmiany jej oryginalnej kompozycji. Zabronione jest również\nzamieszczanie zdjęć o zabarwieniu pornograficznym lub nielicujących z profesjonalnym charakterem Serwisu.\n9. Zdjęcie niespełniające powyższych kryteriów może zostać usunięte przez Usługodawcę bez ostrzeżenia i konieczności\npowiadomienia Profesjonalisty.\n10. Zamieszczając zdjęcie w Serwisie, Profesjonalista udziela Usługodawcy niewyłącznej, nieograniczonej w czasie, nieodpłatnej licencji\nna korzystanie ze zdjęcia na terytorium całego świata, na polach eksploatacji takich jak: zwielokrotnianie techniką analogową i\ncyfrową, wprowadzanie do pamięci komputera, wprowadzanie do sieci komputerowej lub multimedialnej, wprowadzanie do obrotu,\nnajem, dzierżawa, publiczne udostępnianie w miejscu i czasie wybranym przez Usługodawcę,\nwyświetlanie,\nnadawanie, reemitowanie,\nodtwarzanie, umieszczanie zdjęcia w bazach danych, wykorzystania zdjęcia w celu promocji Usługodawcy i prezentacji zdjęcia w\nSerwisie. Usunięcie Konta przez Profesjonalistę nie ma wpływu na obowiązywanie powyższej licencji.\n11. Usługodawca ma prawo odmówić opublikowania informacji na temat Profesjonalisty, w tym zdjęcia, a opublikowane usunąć, jeżeli\nzostanie stwierdzona ich nieprawdziwość.\n12. Zamieszczając w Serwisie odpowiedź na pytanie, Profesjonalista udziela Usługodawcy niewyłącznej, nieograniczonej w czasie,\nnieodpłatnej licencji na korzystanie z treści pytaniaodpowiedzi lub jegojej części na terytorium całego świata, na polach eksploatacji\ntakich jak: zwielokrotnianie techniką analogową i cyfrową, wprowadzanie do pamięci komputera, wprowadzanie do sieci\nkomputerowej lub multimedialnej, wprowadzanie do obrotu, najem, dzierżawa, publiczne udostępnianie w\nmiejscu i\nczasie wybranym\nprzez Usługodawcę, wyświetlanie, nadawanie, reemitowanie, odtwarzanie, umieszczanie odpowiedzi w bazach danych, wykorzystania\n\nodpowiedzi w celu promocji Usługodawcy i prezentacji odpowiedzi w Serwisie. Usunięcie Konta przez Profesjonalistę nie ma wpływu\nna obowiązywanie powyższej licencji.\n13. Odpowiadając na pytanie prywatne, Profesjonalista zezwala Usługodawcy na zanonimizowanie i moderację odpowiedzi oraz na jej\numieszczenie i publiczne prezentowanie w Serwisie. Ust. 12 stosuje się.\n§6. Profile Placówek, zweryfikowane Profile\n1. Utworzenie Profilu nowej Placówki wymaga podania co najmniej podstawowych informacji o niej.\n2. Podstawowe informacje o Placówce obejmują: nazwę placówki medycznej, kategorię, województwo, miejscowość, a także dane\nadresowe i kontaktowe. Usługodawca zastrzega sobie wyłączne prawo do wprowadzania i edytowania informacji w zakresie numeru\ntelefonu oraz innych danych kontaktowych Placówki.\n3. Każda Placówka może posiadać tylko jeden Profil. Niedozwolone jest utworzenie Profilu wspólnego dla kilku Placówek. Profile\npowtarzające się będą usuwane.\n4. Profil Placówki może dotyczyć tylko jednej fizycznej lokalizacji Placówki. Jeżeli Placówka ma kilka fizycznych lokalizacji, to każda z\ntych lokalizacji powinna zostać objęta osobnym Profilem.\n5. Właściciel może utworzyć Profil Placówki lub potwierdzić informacje zawarte na już istniejącym Profilu Placówki. W tym celu\nniezbędne jest dokonanie rejestracji w Serwisie.\n6. Profil utworzony lub potwierdzony przez Właściciela oznaczony jest, jako „Profil zweryfikowany”.\n7. Na Profilu zweryfikowanym Placówki Właściciel otrzymuje dodatkowe uprawnienia, a w szczególności może:\na. edytować informacje o Placówce;\nb. dodać logotyp Placówki;\nc. przeglądać statystyki Profilu.\n8. Właściciel może zamieszczać w ramach Profilu Placówki jedynie logotyp Placówki. Właściciel wyraża zgodę na rozpowszechnianie i\npubliczne udostępnianie tego logotypu zamieszczonego przez siebie w Serwisie. W przypadku, gdy na logotyp Placówki udzielono\nprawa ochronnego na znak towarowy, Właściciel wyraża zgodę na korzystanie z tego logotypu w zakresie niezbędnym do świadczenia\nUsług przez Usługodawcę.\n9. Zabronione jest zamieszczanie logotypów nielicujących z charakterem Serwisu. Logotypy niespełniające powyższego kryterium mogą\nzostać usunięte przez Usługodawcę bez ostrzeżenia i konieczności powiadomienia Właściciela o tym fakcie.\n10. Usługodawca ma prawo odmówić opublikowania informacji na temat Placówki, a opublikowane informacje usunąć, jeżeli zostanie\nstwierdzona ich nieprawdziwość.\n§7. Warunki zawierania i rozwiązywania umów o świadczenie Usług. Rejestracja i logowanie.\n1. Zawarcie umowy o świadczenie Usług następuje poprzez (i) rejestrację w Serwisie, lub (ii) rejestrację w Serwisie za pomocą serwisu\nFacebook, lub (iii) zarezerwowanie terminu u Profesjonalisty za pomocą Kalendarza Wizyt, lub (iv) zadanie pytania zweryfikowanemu\nProfesjonaliście.\n2. Zawarcie umowy o świadczenie Usług wiąże się z wyrażeniem zgody na wszystkie warunki niniejszego Regulaminu bez konieczności\nskładania w tym celu dodatkowych oświadczeń. Użytkownik zobowiązuje się do przestrzegania Regulaminu.\n3. Zawierając umowę o świadczenie Usług Użytkownik, Profesjonalista lub Właściciel: potwierdza autentyczność podanych przez siebie\ndanych.\n4. Zawierając umowę o świadczenie Usług Użytkownik, Profesjonalista lub Właściciel przyjmuje do wiadomości, że jego dane osobowe\nbędą publicznie prezentowane w Internecie.\n5. Umowa o świadczenie Usług zostaje zawarta na czas nieokreślony.\n6. W celu Rejestracji Użytkownik lub Profesjonalista wypełnia formularz zamieszczony na stronie https://www.znanylekarz.pl/rejestracja.\nRejestracja jest również możliwa w procesie rezerwacji terminu u Profesjonalisty za pomocą Kalendarza Wizyt.\n7. Rejestracja i logowanie odbywa się za pomocą funkcjonalności udostępnionych przez Usługodawcę.\n8. W przypadku cofnięcia zgody na którykolwiek z warunków Regulaminu Użytkownik zobowiązany jest do natychmiastowego usunięcia\nswojego Konta lub zawiadomienia Usługodawcy o cofnięciu zgody.\n9. Użytkownikowi będącemu konsumentem w rozumieniu właściwych przepisów, przysługuje prawo do odstąpienia od umowy, w\nterminie 14 dni od dnia jej zawarcia, bez podania przyczyny. Odstąpienie od umowy następuje przez złożenie oświadczenia o\nodstąpieniu od umowy. Oświadczenie o odstąpieniu należy przesłać drogą elektroniczną na [email protected]. Do\nzachowania terminu do odstąpienia od umowy wystarczy wysłanie oświadczenia\nprzed jego\nupływem\n10. Usługodawca zapewnia Użytkownikom i Profesjonalistom dostęp do własnych danych osobowych oraz umożliwia ich poprawianie i\nuzupełnianie.\n11. Utworzenie nowego Profilu lub przejęcie przez Profesjonalistę istniejącego Profilu wymaga wypełnienia formularza. Profesjonalista\nmoże zostać poproszony o weryfikację posiadanych uprawnień do wykonywania zawodu lub posiadanych kwalifikacji zawodowych.\nSzczegółowe wymagania w zakresie dostępne są tutaj. Przesyłane przez Profesjonalistę informacje służą wyłącznie potwierdzeniu\njego prawa do wykonywania zawodu. Brak przekazania powyższych informacji skutkuje brakiem możliwości utworzenia lub przejęcia\nProfilu.\n12. Użytkownik będący Właścicielem potwierdza swoje uprawnienia do administrowania Profilem Placówki. W takim przypadku\nUsługodawca rejestruje Użytkownika jako Właściciela.\n13. W przypadku pojawienia się uzasadnionych wątpliwości co do autentyczności wprowadzonych przez Użytkownika danych,\nUsługodawca może zażądać przedstawienia stosownych dokumentów potwierdzających te dane.\n14. Niedopuszczalne jest posiadanie przez jednego Użytkownika więcej niż jednego Konta.\n15. Zabrania się udostępniania swojego Konta osobom trzecim.\n16. Zabrania się korzystania z Kont należących do osób trzecich.\n17. Użytkownik może rozwiązać umowę o świadczenie Usług poprzez skasowanie swojego Konta.\n18. Profesjonalista może rozwiązać umowę o świadczenie Usług poprzez skasowanie swojego Konta\n\n19. Profesjonalista może rozwiązać umowę o świadczenie Usług poprzez skasowanie swojego Konta, z tym że okres wypowiedzenia\numowy wynosi 1 rok ze skutkiem na koniec roku kalendarzowego.\n20. Usługodawca zastrzega sobie prawo do rozwiązania umowy o świadczenie Usług poprzez skasowanie Konta, jeżeli działanie\nUżytkownika lub Profesjonalisty jest niezgodne z prawem, Regulaminem lub godzi w wizerunek Serwisu. Wypowiedzenie ma skutek\nnatychmiastowyUst. 19 stosuje się.\n§8. Odpowiedzialność\n1. Użytkownik i Profesjonalista są odpowiedzialni za bezpieczeństwo i zachowanie poufności swojego hasła do Profilu lub Konta.\nUsługodawca nie ponosi odpowiedzialności za nieuprawniony dostęp do Profilu lub Konta na skutek uzyskania dostępu do hasła przez\nosoby trzecie. W przypadku podejrzenia możliwości ujawnienia hasła osobom trzecim, Użytkownik i Profesjonalista zobowiązuje się\nniezwłocznie zmienić hasło lub skontaktować się w tym celu z Usługodawcą.\n2. Usługodawca nie ponosi odpowiedzialności za treść i formę materiałów i informacji umieszczonych w Serwisie przez Użytkownika,\nPlacówkę lub Profesjonalistę. Usługodawca nie odpowiada za roszczenia Użytkowników, Placówek Profesjonalistów oraz osób\ntrzecich, których prawa i uzasadnione interesy zostały naruszone poprzez te materiały. Użytkownik przyjmuje do wiadomości i zgadza\nsię, że Usługodawca nie jest zobowiązany do sprawdzenia lub weryfikacji materiałów lub informacji\nzamieszczanych przez\nUżytkowników.\n3. Użytkownik, Placówka lub Profesjonalista ponoszą pełną odpowiedzialność za złamanie prawa bądź szkodę wywołaną ich działaniami\nw Serwisie, w szczególności podaniem nieprawdziwych danych, ujawnieniem tajemnicy zawodowej, innej informacji poufnej lub\ntajemnicy przedsiębiorstwa, naruszeniem dóbr osobistych lub praw autorskich oraz praw pokrewnych.\n4. Usługodawca wyraźnie zastrzega, iż korzystanie z Serwisu i udostępnianych przez niego Usług odbywa się na wyłączne ryzyko\nUżytkownika lub Profesjonalisty. Wszelkie umieszczone w Serwisie informacje i materiały, a także dostarczane za pośrednictwem\nSerwisu usługi nie są objęte gwarancją co do ich wartości, przydatności, zupełności, kompletności czy użyteczności.\n5. Usługodawca nie odpowiada za wady fizyczne i prawne oferowanych Usług bezpłatnych oraz za należytą jakość towarów i usług\nbezpłatnych. Usługodawca nie odpowiada także za skutki niewykonania lub nienależytego wykonania zaciągniętych przez\nkogokolwiek, za pośrednictwem Serwisu, zobowiązań oraz zdolności tych osób do zaciągania zobowiązań.\n6. Odpowiedzialność Usługodawcy za należytą jakość towarów i usług odpłatnych określają przepisy szczególne, stanowiące podstawę\nświadczeń odpłatnych.\n7. Usługodawca nie udziela żadnej gwarancji prawidłowego działania Serwisu w całości albo w części.\n8. W przypadku otrzymania przez Usługodawcę urzędowego zawiadomienia lub uzyskania wiarygodnej wiadomości o bezprawnym\ncharakterze przechowywanych danych dostarczonych przez Użytkownika lub Profesjonalistę i uniemożliwienia dostępu do tych\ndanych, Usługodawca nie ponosi odpowiedzialności względem tego Użytkownika lub Profesjonalisty za szkodę powstałą w wyniku\nuniemożliwienia dostępu do tych danych.\n9. W stosunku do podmiotów innych niż konsumenci, Usługodawca odpowiada wyłącznie za szkody spowodowane z wyłącznej winy\numyślnej Usługodawcy. Wyłączona jest odpowiedzialność Usługodawcy za utracone korzyści.\n10. ZnanyLekarz, w związku z usługami określonymi w §2 ust. 2 nie gwarantuje Profesjonalistom określonej pozycji w wynikach\nwyszukiwania wyszukiwarek internetowych lub umieszczenia informacji o ich praktyce zawodowej na mapach internetowych, jak\nrównież nie zobowiązuje się, że wszyscy Profesjonaliści zostaną ujęci w wynikach wyszukiwania wyszukiwarek internetowych lub że\ninformacja o ich praktykach zawodowej będzie umieszczona na mapach internetowych.\n11. ZnanyLekarz nie odpowiada za prawidłowość danych w wynikach wyszukiwania wyszukiwarek internetowych lub map internetowych.\n12. ZnanyLekarz wskazuje, że wyniki ankiety wypełnianej przez Użytkownika w trakcie umawiania wizyty u wybranego Profesjonalisty nie\nzawierają diagnozy medycznej, a w konsekwencji jej prowadzenie nie może być kwalifikowana jako wykonywanie przez ZnanyLekarz\nświadczeń zdrowotnych. Ankieta oraz jej wynik mają za zadanie jedynie pomóc Profesjonaliście w przygotowaniu się do wizyty. Wynik\nankiety ma jedynie charakter statystyczny, oparty o ogólnodostępne źródła wiedzy.\n§9. Tryb zgłaszania zastrzeżeń i postępowania reklamacyjnego\n1. Usługodawca dołoży wszelkich starań w celu zapewnienia prawidłowego działania Serwisu oraz udzieli pomocy w rozwiązywaniu\nproblemów związanych z jego funkcjonowaniem.\n2. Zastrzeżenia co do rzetelności opinii zawartych w Serwisie zgłasza się bezpośrednio przy danej opinii za pomocą przycisku \"zgłoś\nnadużycie\". Zgłoszenie zostanie rozpatrzone przez Usługodawcę w terminie 14 dni roboczych.\n3. Pozostałe zastrzeżenia, a także uwagi, sugestie i błędy strony można zgłaszać, pisząc na adres e-mail: [email protected].\n4. Odpowiedzi na zgłoszenia będą udzielane na adres poczty elektronicznej Użytkownika lub Profesjonalisty.\n5. Zakłócenia w funkcjonowaniu Serwisu, problemy i uwagi związane ze świadczonymi usługami w ramach Serwisu mogą być\nreklamowane przez Użytkownika, Placówkę lub Profesjonalistę w terminie 21 dni od daty zdarzenia, poprzez zgłoszenie na adres:\[email protected].\n6. Reklamacja rozpatrywana jest w terminie 21 dni od dnia jej wniesienia. Jeżeli termin ten nie będzie mógł być dotrzymany,\nUsługodawca powiadomi przed jego upływem o przyczynach opóźnienia i wyznaczy kolejny termin.\n7. Usługodawca zastrzega sobie prawo do pozostawienia reklamacji bez rozpoznania, jeżeli wynikać ona będzie z nieznajomości\nniniejszego Regulaminu, jego załączników lub przepisów prawa. Reklamacje zawierające treści wulgarne lub obraźliwe wobec\nUsługodawcy nie będą rozpatrywane.\n§10. Postanowienia końcowe\n1. Usługodawca zastrzega sobie prawo do jednostronnej zmiany Regulaminu w ważnych przypadkach, w szczególności w przypadku\nzmiany funkcjonalności Serwisu, zmiany profilu działalności Usługodawcy lub zmiany przepisów prawa.\n2. O dokonanej zmianie Regulaminu Usługodawca poinformuje Użytkownika drogą poczty elektronicznej na wskazany adres e-mail lub w\ndrodze korespondencji wewnętrznej kierowanej do Użytkownika przez mechanizm informatyczny na Konto Użytkownika, na 14 dni\n\nprzed ich wejściem w życie.\n3. Użytkownik i Profesjonalista ponoszą odpowiedzialność za podanie adresu poczty elektronicznej, do którego nie posiadają dostępu, w\nszczególności adresu nieprawidłowego lub należącego do innego podmiotu, oraz wynikające z tego faktu skutki w postaci\nnieotrzymania powiadomienia określonego w ust. 2.\n4. Prawem właściwym dla niniejszego Regulaminu oraz dla umowy o świadczenie Usług jest prawo polskie.\n5. W sprawach nieuregulowanych w Regulaminie stosuje się przepisy ustawy o świadczeniu usług drogą elektroniczną, ustawy o prawie\nautorskim i prawach pokrewnych oraz Kodeksu cywilnego.\n6. Właściwym do rozstrzygania sporów wynikających ze świadczenia Usług, w przypadku sporów z Użytkownikami niebędącymi\nkonsumentami jest sąd właściwy dla siedziby Usługodawcy. Użytkownik będący konsumentem ma możliwość skorzystania z\npozasądowego sposobu rozpatrywania sporów przed Stałym Polubownym Sądem Konsumenckim przy Mazowieckim Wojewódzkim\nInspektorze Inspekcji Handlowej w Warszawie. Informacje o sposobie dostępu do ww. trybu i procedur rozstrzygania sporów znajdują\nsię\npod\nnastępującym adresem: www.uokik.gov.pl oraz pod adresem: https://konsument.gov.pl/. Użytkownik będący konsumentem\nma również możliwość skorzystania z unijnej platformy internetowej ODR, dostępnej pod adresem:\nhttp://ec.europa.eu/consumers/odr/.\n§11. Postanowienia dodatkowe\nW sytuacji, gdy Profesjonalista lub Placówka (dla potrzeb niniejszych postanowień dodatkowych nazywanego “Usługobiorcą”) zawarła przed\n12.07.2020 r. ze ZnanyLekarz sp. z o.o. umowę o świadczenie Usług Pakiet Premium (dla potrzeb niniejszych postanowień dodatkowych\nokreślanej jako “Umowa”):\n1. ZnanyLekarz wskazuje, że jedną z cech Usługi Pakiet Premium jest umieszczenie Profili w wynikach wyszukiwania w Serwisie danej\nspecjalizacji/kategorii na zasadach określonych w zakładce „Ranking” (lub analogicznej) dostępnej w Serwisie. ZnanyLekarz\ninformuje, a Usługobiorca przyjmuje do wiadomości i akceptuje fakt, że w tym samym czasie u różnych Użytkowników Serwisu Profil\ndanego Profesjonalisty może mieć różną pozycję w wynikach wyszukiwania. ZnanyLekarz nie gwarantuje określonego miejsca Profilu\nw wynikach wyszukiwania. Miejsce w wynikach wyszukiwania może różnić się w zależności od stopnia uzupełnienia Profilu, ocen i\nopinii o danym Profesjonaliście, zainteresowania Użytkowników danym Profesjonalistą, korzystaniem z Usług Pakiet Premium, liczby i\ncharakteru opinii Użytkowników na temat danego Profesjonalisty.\n2. W celu promocji Serwisu oraz w celu zapewnienia możliwie wysokich wyników wyszukiwania Serwisu i poszczególnych\nProfesjonalistów w wyszukiwarkach internetowych, ZnanyLekarz może wykorzystywać płatne reklamy oferowane przez wyszukiwarki\ninternetowe, takie jak Google lub inne podobne oraz inne analogiczne mechanizmy, w tym mechanizmy social media. ZnanyLekarz\nmoże również wykorzystywać usługę Google My Business, która pozwala umieścić informacje o Profesjonalistach i Usługobiorcach\nna mapach i wynikach wyszukiwania Google. ZnanyLekarz może również nawiązywać współpracę z innymi podmiotami działającymi\nw zakresie wyszukiwarek internetowych czy social mediów.\n3. W przypadku gdy inni klienci ZnanyLekarz zawarli ze ZnanyLekarz dodatkowe umowy o pozycjonowanie Profili w Serwisie (tzw. usługi\n“First Class” lub “Premium Plus”), Profile tych klientów będą wyżej w wynikach wyszukiwania w Serwisie niż Profile przypisane do\nUsługobiorcy, który nie zawarł takiej umowy.\n4. Po zakończeniu Umowy Usługobiorca ma możliwość wyeksportowania danych i informacji o pacjentach, które Usługobiorca\nwprowadził do Kalendarza Wizyt oraz danych i informacji o Użytkownikach, którzy za pośrednictwem Serwisu zarezerwowali termin\nwizyty u Usługobiorcy. Z wnioskiem o wyeksportowanie danych i informacji można zwrócić się do 3 miesięcy od dnia zakończenia\nUmowy.\n5. W celu wyeksportowania danych i informacji, należy zwrócić się do Usługobiorcy i przejść procedurę weryfikacji niezbędną do\npotwierdzenia tożsamości Usługobiorcy. Dane i informacje zostaną Usługobiorcy przekazane w formie elektronicznej.\n6. ZnanyLekarz wskazuje Centrum Mediacji Izby Adwokackiej w Warszawie (Al. Ujazdowskie 49, 00-563 Warszawa\[email protected]) jako centrum mediacji, które zapewnia co najmniej dwóch mediatorów, z pomocą których\nZnanyLekarz jest gotowy podjąć próbę osiągnięcia porozumienia z Usługobiorcą co do pozasądowego rozstrzygnięcia sporów\npowstałych między ZnanyLekarz a w związku z Umową, w tym reklamacji, których nie udało się rozstrzygnąć w ramach wewnętrznego\nsystemu reklamacyjnego. W przypadku skierowania sprawy do mediacji Usługobiorca zobowiązany jest do pokrycia rozsądnej części\nkosztów postępowania ustalanej przez mediatora.\n7. Próby osiągnięcia porozumienia w drodze mediacji co do rozstrzygnięcia sporu nie mają wpływu na prawa ZnanyLekarz i Usługobiorcy\ndo wszczęcia postępowania sądowego w dowolnym momencie przed rozpoczęciem procesu mediacji, w trakcie jego trwania lub po\njego zakończeniu.\nRegulamin świadczenia usług drogą elektroniczną przez ZnanyLekarz.pl\nRegulamin stosowany do dnia 22.09.2019.\nWięcej informacji na temat Serwisu znajdziesz tutaj: https://znanylekarz.zendesk.com/hc/pl\n§1. Postanowienia ogólne\n1. Definicje:\na. Usługodawca lub ZnanyLekarz – ZnanyLekarz Sp. z o.o. z siedzibą w Warszawie (01-217) przy ul. Kolejowej 5/7, wpisana do\nRejestru Przedsiębiorców Krajowego Rejestru Sądowego prowadzonego przez Sąd Rejonowy dla m. st. Warszawy XII Wydział\nGospodarczy KRS, pod numerem KRS 0000347997, NIP 7010224868, REGON 142276657\nb. Serwis – serwis internetowy prowadzony przez Usługodawcę pod adresem: https://www.znanylekarz.pl.\nc. Regulamin – niniejszy regulamin świadczenia usług drogą elektroniczną przez Usługodawcę.\nd. Użytkownik – osoba fizyczna, posiadająca pełną zdolność do czynności prawnych, która (i) dokonała Rejestracji w Serwisie, lub\n(ii) dokonała rejestracji w Serwisie z wykorzystaniem serwisu Facebook, bądź Google lub (iii) dokonała rezerwacji terminu u\n\nProfesjonalisty za pomocą Kalendarza Wizyt, lub (iv) skorzystała z funkcjonalności zadawania pytań Profesjonalistom, (v)\ndodała opinię o Profesjonaliście z wykorzystaniem numeru telefonu.\ne. Profesjonalista – korzystający z serwisu, będący lekarzem, lekarzem dentystą, psychologiem, rehabilitantem, położną,\ndietetykiem, terapeutą, a także weterynarzem lub inną osobą niewymienioną powyżej wykonującą czynności w zakresie\nświadczeń zdrowotnych, świadczącą usługi zdrowotne, medyczne lub paramedyczne.\nf. Placówka – miejsce wykonywania czynności w zakresie świadczeń zdrowotnych, usług zdrowotnych, medycznych lub\nparamedycznych.\ng. Właściciel – korzystający z serwisu, który jest osobą upoważnioną do zarządzania informacjami o Placówce. Uprawnienia te są\nweryfikowane przez Usługodawcę.\nh. Profil – zbiór informacji na temat Profesjonalisty umieszczony w Serwisie w postaci podstrony Serwisu posiadającej unikalny\nadres URL.\ni. Rejestracja – proces utworzenia Konta.\nj. Konto – wpis w bazie danych Serwisu, dotyczący Użytkowników lub Profesjonalistów, z którego wynika możliwość dostępu do\nokreślonych Usług.\nk. Usługa – usługa świadczona drogą elektroniczną polegająca na wysyłaniu i odbieraniu danych za pomocą publicznych\nsystemów teleinformatycznych na indywidualne żądanie usługobiorcy – Użytkownika, bez jednoczesnej fizycznej obecności\nstron.\nl. Kalendarz Wizyt – program komputerowy będący narzędziem do zarządzania grafikiem pracy Profesjonalisty, umożliwiający\nUżytkownikowi dokonanie rezerwacji terminu u Profesjonalisty przez Internet oraz samodzielne dodawanie terminów\ndostępnych do zarezerwowania przez Profesjonalistę.\n2. Usługodawca świadczy Usługi na podstawie niniejszego Regulaminu.\n§2. Rodzaje i zakres Usług\n1. Usługodawca świadczy między innymi następujące Usługi:\na. umożliwia Użytkownikom publikowanie informacji i opinii o Profesjonalistach skatalogowanych według województw, miast i\nkategorii;\nb. udostępnia wyszukiwarkę Profesjonalistów i Placówek;\nc. powiadamia o nowych informacjach i opiniach;\nd. umożliwia Użytkownikom zadawanie pytań zweryfikowanym Profesjonalistom;\ne. umożliwia zweryfikowanym Profesjonalistom podawanie i korygowanie informacji o sobie, odnoszenie się do opinii\nUżytkowników oraz odpowiadanie na zadane pytania;\nf. umożliwia rezerwację terminu u Profesjonalistów i w Placówkach, które udostępniły taką możliwość.\n2. ZnanyLekarz świadczy usługi polegające na informowaniu Użytkowników Internetu o praktyce zawodowej Profesjonalistów poprzez\numieszczanie informacji o takiej praktyce w Internecie. Na życzenie Profesjonalistów ZnanyLekarz umieszcza również informacje o\npraktyce zawodowej Profesjonalistów na mapach internetowych oraz tworzy konta dla Profesjonalistów do zarządzania informacjami\numieszczonymi na mapach. Na mapach internetowych umieszczony zostanie odnośnik (link) do\nProfilu Profesjonalisty w Serwisie.\n3. W celu świadczenia usług, o których mowa w ust. 2 ZnanyLekarz może nawiązywać z podmiotami trzecimi stosunki umowne, które są\nniezbędne dla świadczenia tych usług. W szczególności Usługodawca może zawierać umowy, których celem będzie:\na. zapewnienie wysokiej pozycji w wynikach wyszukiwania wyszukiwarek internetowych,\nb. oznaczenie miejsca wykonywania praktyki zawodowej Profesjonalistów na mapach internetowych.\n4. Informacje i opinie o Profesjonalistach i Placówkach publikowane są w formie rankingów, w których miejsce na liście zależy m.in. od\notrzymanych opinii.\n5. Pozycja Profesjonalisty w wynikach wyszukiwania w Serwisie może zależeć w szczególności od takich czynników jak dostępność\nterminów w Kalendarzu Wizyt, poziom lub jakości uzupełnienia Profilu oraz zawarta z Usługodawcą odpłatna umowa.\n6. Dostęp do większości usług Serwisu jest bezpłatny, w szczególności nie są pobierane opłaty za rejestrację oraz publikowanie\npodstawowych informacji o Profesjonalistach i Placówkach. Usługodawca nie pobiera opłat za opinie i komentarze zamieszczane w\nSerwisie.\n7. Usługodawca zastrzega sobie prawo do wprowadzenia opłat od dowolnych usług świadczonych w ramach Serwisu i jednocześnie\nzobowiązuje się poinformować o zmianach z odpowiednim wyprzedzeniem.\n§3. Warunki świadczenia usług\n1. W celu korzystania z Usług należy spełnić poniższe warunki techniczne:\na. posiadać dostęp do sieci Internet,\nb. posiadać przeglądarkę internetową (jedną z następujących): Firefox, Chrome, Safari, IE, Opera, zaktualizowaną do najnowszej\nwersji.\n2. Każdy korzystający z Internetu może zapoznawać się z informacjami i opiniami o Profesjonalistach oraz korzystać z wyszukiwarki.\n3. Każdy Użytkownik może zarezerwować termin u Profesjonalisty za pomocą Kalendarza Wizyt, pod warunkiem zweryfikowania numeru\ntelefonu komórkowego oraz adresu e-mail. W niektórych przypadkach rezerwacja terminu u Profesjonalisty może wymagać podania nr\nPESEL. Podanie nr PESEL jest uzasadnione koniecznością identyfikacji Użytkownika przez Profesjonalistę lub Placówkę.\n4. Zarezerwowanie wizyty u Profesjonalisty jest możliwe wyłącznie w przypadku wyrażenia przez Użytkownika wyraźnej zgody na\nprzetwarzanie przez Usługodawcę danych osobowych Użytkownika o stanie zdrowia (art. 9 ust. 2 lit. a Rozporządzenia 679/2016, tzw.\nRODO) oraz udostępnienia tych danych wybranemu Profesjonaliście. Usługodawca informuje, że brak wyrażenia zgody na\nprzetwarzanie danych osobowych Użytkownika o stanie zdrowia uniemożliwi zarezerwowanie wizyty. W\ntrakcie umawiania wizyty\nprzez Serwis Użytkownik może zdecydować się na wypełnienie ankiety dotyczącej jego stanu zdrowia. Wyniki tej ankiety zostaną\nprzekazane do wybranego przez Użytkownika Profesjonalisty, u którego Użytkownik umawia wizytę. Przekazanie takich danych ma\npomóc Profesjonaliście w przygotowaniu się do wizyty.\n\n5. Użytkownik może również:\na. wystawiać opinie o Profesjonalistach;\nb. dodawać i poprawiać informacje o Placówkach;\nc. zadawać pytania zweryfikowanym Profesjonalistom;\nd. zgłaszać nadużycia.\n6. Zadanie pytania zweryfikowanemu Profesjonaliście jest możliwe wyłącznie w przypadku wyrażenia przez Użytkownika wyraźnej zgody\nna przetwarzanie przez Usługodawcę danych osobowych Użytkownika o stanie zdrowia (art. 9 ust. 2 lit. a Rozporządzenia 679/2016,\ntzw. RODO) oraz udostępnienia tych danych wybranemu Profesjonaliście. Usługodawca informuje, że brak wyrażenia zgody na\nprzetwarzanie danych osobowych Użytkownika o stanie zdrowia uniemożliwi zadanie pytania.\n7. Usługodawca zastrzega sobie prawo do czasowego zawieszenia świadczenia Usług w związku z modernizacją lub przebudową\nSerwisu albo z pracami konserwatorskimi systemu teleinformatycznego. Usługodawca dołoży starań, aby przerwy w świadczeniu\nUsług nie były uciążliwe dla Użytkowników.\n8. Usługodawca nie odpowiada za przerwy w świadczeniu Usług wynikające z przyczyn od niego niezależnych, w szczególności\nstanowiących siłę wyższą (pożary, powodzie, klęski żywiołowe lub meteorologiczne itp.).\n9. Usługodawca nie ponosi odpowiedzialności względem Profesjonalisty lub Placówki za fakt niestawienia się przez Użytkownika w\numówionym terminie, zarezerwowanym za pośrednictwem Kalendarza Wizyt. Usługodawca nie odpowiada wobec Użytkownika za\nbrak możliwości zrealizowania zarezerwowanego za pomocą Kalendarza Wizyt terminu z przyczyn leżących po stronie Profesjonalisty\nlub Placówki. W przypadku konieczności odwołania wizyty zainteresowane strony obowiązane są odwołać\nrezerwację za\npośrednictwem Serwisu.\n10. Profesjonalista ma możliwość zablokowania wybranym przez siebie Użytkownikom rezerwacji terminów wizyt za pomocą Kalendarza\nWizyt. Usługodawca nie odpowiada za niedogodności jakie mogą wystąpić w związku z tym dla Użytkowników.\n§4. Dodawanie opinii i informacji o Profesjonalistach i Placówkach; zadawanie pytań Profesjonalistom\n1. Opinie opatrywane są podpisem (nickiem) Użytkownika.\n2. Opinie i informacje o Profesjonalistach mogą dotyczyć wyłącznie działalności zawodowej Profesjonalisty.\n3. Opinie i informacje o Profesjonalistach mogą opierać się jedynie na osobistych doświadczeniach Użytkownika dotyczących danego\nProfesjonalisty (doświadczenia na linii Lekarz-Pacjent) i muszą one dotyczyć konsultacji medycznej lub wizyty, która miała miejsce.\nNie jest dopuszczalne umieszczanie opinii wspólnych przez kilka osób, opinii dotyczących szeroko rozumianych spraw odnoszących\nsię do kompetencji ZUS, w tym dotyczących orzekania o statusie osoby\nniepełnosprawnej oraz związanych z działalnością\nProfesjonalistów jako biegłych sądowych lub prokuratorskich. Opinie i informacje nie mogą opierać się na relacjach osób trzecich, w\ntym małżonków, członków rodziny itp. Wyjątek stanowi opisywanie leczenia dzieci, osób w podeszłym wieku, osób niezdolnych do\nsamodzielnego wystawienia opinii oraz leczenia zwierząt.\n4. Jeden Użytkownik może zamieścić tylko jedną opinię na Profilu jednego Profesjonalisty. Opinia może dotyczyć kilku zdarzeń\nmedycznych (wizyt, badań, zabiegów). Wielokrotne umieszczanie opinii przez tego samego Użytkownika jest zakazane, a system\nUsługodawcy blokuje możliwość dodawania kolejnych opinii. Użytkownik może jednak edytować poprzednio umieszczoną opinię.\n5. Niedozwolone jest zamieszczanie w opiniach treści reklamowych, marketingowych lub odnoszących się do tzw. lokowania produktu.\nNiedozwolone jest również umieszczanie w opiniach linków do stron internetowych.\n6. Niedozwolone jest umieszczanie opinii przez Profesjonalistów na własnych Profilach oraz jakiekolwiek próby manipulacji opiniami,\ninformacjami i ocenami.\n7. Niedozwolone jest umieszczanie opinii i komentarzy, które nie są zgodne z prawdą.\n8. Informacje, opinie i komentarze nie mogą naruszać prawa, dóbr osobistych, ani zasad współżycia społecznego. W szczególności\nniedozwolone jest używanie w opiniach wyrażeń wulgarnych, niecenzuralnych i obraźliwych, stosowanie przezwisk, odnoszenie się do\nsfery prywatnej i rodzinnej, oskarżanie o popełnienie przestępstwa, wzywanie do stosowania przemocy lub do nienawiści rasowej,\nwyznaniowej, etnicznej itp. Niedozwolone jest również dodawanie opinii, które mogą zostać\nuznane za pomówienie lub które\nkwestionują treści umieszczone przez Profesjonalistę w Serwisie lub kwestionują kwalifikacje zawodowe Profesjonalisty.\n9. Osoby zatrudnione lub współpracujące z tą samą Placówką nie mogą nawzajem dodawać opinii o innych osobach zatrudnionych lub\nwspółpracujących z tą Placówką. Profesjonaliści o tej samej specjalizacji nie mogą wzajemnie dodawać o sobie opinii.\n10. Użytkownik zamieszczając opinię w Serwisie oświadcza, że wystawiona przez niego opinia lub komentarz jest prawdziwy i zgodny z\nrzeczywistym stanem rzeczy.\n11. Usługodawca ma prawo odmówić opublikowania opinii, komentarzy i informacji, a już opublikowane opinie, komentarze i informacje\nusunąć, jeżeli są sprzeczne z niniejszym Regulaminem lub przepisami prawa. W przypadku usunięcia opinii, komentarzy lub informacji\nUżytkownikowi w stosunku do Usługodawcy nie przysługuje jakiekolwiek roszczenie.\n12. Usługodawca nie ponosi odpowiedzialności za treść informacji, opinii i komentarzy przekazywanych przez Użytkowników lub\nProfesjonalistów.\n13. Usługodawca ma prawo wymagać od Użytkownika zamieszczającego opinię dodatkowej weryfikacji np. za pomocą konta w serwisie\nFacebook lub Google bądź z wykorzystaniem numeru telefonu.\n14. Powyższe zasady stosuje się odpowiednio do pytań zadawanych zweryfikowanym Profesjonalistom.\n15. Zadając pytania Profesjonaliście, Użytkownik udziela Usługodawcy niewyłącznej, nieograniczonej w czasie, nieodpłatnej licencji na\nkorzystanie z treści pytania lub jej części na terytorium całego świata, na polach eksploatacji takich jak: zwielokrotnianie techniką\nanalogową i cyfrową, wprowadzanie do pamięci komputera, wprowadzanie do sieci komputerowej lub multimedialnej, wprowadzanie\ndo obrotu, najem, dzierżawa, publiczne udostępnianie w miejscu i czasie wybranym\nprzez Usługodawcę, wyświetlanie, nadawanie,\nreemitowanie, odtwarzanie, umieszczanie pytania w bazach danych, wykorzystania pytania w celu promocji Usługodawcy i\npublicznego prezentowania pytania w Serwisie. Usunięcie Konta przez Użytkownika nie ma wpływu na obowiązywanie powyższej\nlicencji.\n16. Zadając Profesjonaliście pytanie prywatne, Użytkownik zezwala Usługodawcy na zanonimizowanie i moderację pytania oraz na jego\numieszczenie i publiczne prezentowanie w Serwisie. Ust. 15 stosuje się.\n\n§5. Profile Profesjonalistów, zweryfikowane Profile\n1. Utworzenie Profilu nowego Profesjonalisty wymaga podania co najmniej podstawowych informacji o nim.\n2. Podstawowe informacje o Profesjonaliście obejmują: tytuł zawodowy, imię i nazwisko, województwo, miejscowość wykonywania\nczynności w zakresie świadczeń zdrowotnych lub innych wskazanych w §1 pkt. 1 lit. e i kategorię Profesjonalisty, a także dane\nadresowe i kontaktowe miejsca przyjmowania pacjentów. Usługodawca zastrzega sobie wyłączne prawo do wprowadzania i\nedytowania informacji w zakresie numeru telefonu oraz innych danych kontaktowych Profesjonalisty.\nSamodzielnie zamieszczanie\ntego typu informacji na Profilach może skutkować usunięciem tych informacji oraz blokadą pola, na którym taką informację\nzamieszczono. Dostęp do zablokowanego pola Profilu odbywa się wówczas za pośrednictwem Usługodawcy.\n3. Jeden Profesjonalista może mieć wyłącznie jeden Profil. Niedozwolone jest utworzenie Profilu wspólnego dla kilku Profesjonalistów.\nProfile powtarzające się będą usuwane.\n4. W polach Profilu oznaczonych odpowiednim komentarzem nie można umieszczać innych informacji niż wynikające z tego\nkomentarza. Dla uniknięcia wątpliwości w polu oznaczonym komentarzem “imię i nazwisko” można wpisać wyłącznie imię i nazwisko\ndanego Profesjonalisty. Zasada ta stosuje się odpowiednio do innych pól.\n5. Każdy Profesjonalista może utworzyć swój Profil lub potwierdzić informacje zawarte na Profilu utworzonym uprzednio w Serwisie. W\ntym celu niezbędne jest dokonanie rejestracji w Serwisie.\n6. Profil utworzony lub potwierdzony przez Profesjonalistę oznaczony jest, jako „Profil zweryfikowany”.\n7. Na Profilu zweryfikowanym Profesjonalista otrzymuje dodatkowe uprawnienia, a w szczególności może:\na. edytować informacje o sobie;\nb. dodać swoje zdjęcie;\nc. odpowiadać na opinie wystawione przez Użytkowników w formie komentarzy;\nd. odpowiadać na zadane przez Użytkowników pytania;\ne. przeglądać statystyki Profilu,\nf. kontaktować się z Użytkownikami.\n8. Profesjonalista może zamieszczać jedynie swoje zdjęcie, umożliwiające jego rozpoznanie. Zamieszczając zdjęcie w Serwisie,\nProfesjonalista wyraża zgodę na rozpowszechnianie i publiczne udostępnianie swojego wizerunku. Usunięcie Konta nie ma wpływu na\npowyższą zgodę. Zabrania się zamieszczania zdjęć innych osób, a także wszelkiego rodzaju utworów graficznych (np. logotypów).\nZezwala się, ze względu na cechy formatu cyfrowego, na retusz fotografii, pod warunkiem, że\nbędzie on polegał na zastosowaniu\nkorekty globalnej, która polepsza jakość (np. nasycenie, kontrast). Nie zezwala się natomiast na stosowanie zabiegów selektywnych w\ncelu dodawania lub odejmowania elementów, łączenia kilku fotografii lub zmiany jej oryginalnej kompozycji. Zabronione jest również\nzamieszczanie zdjęć o zabarwieniu pornograficznym lub nielicujących z profesjonalnym charakterem Serwisu.\n9. Zdjęcie niespełniające powyższych kryteriów może zostać usunięte przez Usługodawcę bez ostrzeżenia i konieczności\npowiadomienia Profesjonalisty.\n10. Zamieszczając zdjęcie w Serwisie, Profesjonalista udziela Usługodawcy niewyłącznej, nieograniczonej w czasie, nieodpłatnej licencji\nna korzystanie ze zdjęcia na terytorium całego świata, na polach eksploatacji takich jak: zwielokrotnianie techniką analogową i\ncyfrową, wprowadzanie do pamięci komputera, wprowadzanie do sieci komputerowej lub multimedialnej, wprowadzanie do obrotu,\nnajem, dzierżawa, publiczne udostępnianie w miejscu i czasie wybranym przez\nUsługodawcę, wyświetlanie, nadawanie, reemitowanie,\nodtwarzanie, umieszczanie zdjęcia w bazach danych, wykorzystania zdjęcia w celu promocji Usługodawcy i prezentacji zdjęcia w\nSerwisie. Usunięcie Konta przez Profesjonalistę nie ma wpływu na obowiązywanie powyższej licencji.\n11. Usługodawca ma prawo odmówić opublikowania informacji na temat Profesjonalisty, w tym zdjęcia, a opublikowane usunąć, jeżeli\nzostanie stwierdzona ich nieprawdziwość.\n12. Zamieszczając w Serwisie odpowiedź na pytanie, Profesjonalista udziela Usługodawcy niewyłącznej, nieograniczonej w czasie,\nnieodpłatnej licencji na korzystanie z treści pytania, odpowiedzi lub jego części na terytorium całego świata, na polach eksploatacji\ntakich jak: zwielokrotnianie techniką analogową i cyfrową, wprowadzanie do pamięci komputera, wprowadzanie do sieci\nkomputerowej lub multimedialnej, wprowadzanie do obrotu, najem, dzierżawa, publiczne\nudostępnianie w miejscu i czasie wybranym\nprzez Usługodawcę, wyświetlanie, nadawanie, reemitowanie, odtwarzanie, umieszczanie odpowiedzi w bazach danych, wykorzystania\nodpowiedzi w celu promocji Usługodawcy i prezentacji odpowiedzi w Serwisie. Usunięcie Konta przez Profesjonalistę nie ma wpływu\nna obowiązywanie powyższej licencji.\n13. Odpowiadając na pytanie prywatne, Profesjonalista zezwala Usługodawcy na zanonimizowanie i moderację odpowiedzi oraz na jej\numieszczenie i publiczne prezentowanie w Serwisie. Ust. 12 stosuje się.\n§6. Profile Placówek, zweryfikowane Profile\n1. Utworzenie Profilu nowej Placówki wymaga podania co najmniej podstawowych informacji o niej.\n2. Podstawowe informacje o Placówce obejmują: nazwę placówki medycznej, kategorię, województwo, miejscowość, a także dane\nadresowe i kontaktowe. Usługodawca zastrzega sobie wyłączne prawo do wprowadzania i edytowania informacji w zakresie numeru\ntelefonu oraz innych danych kontaktowych Placówki.\n3. Każda Placówka może posiadać tylko jeden Profil. Niedozwolone jest utworzenie Profilu wspólnego dla kilku Placówek. Profile\npowtarzające się będą usuwane.\n4. Profil Placówki może dotyczyć tylko jednej fizycznej lokalizacji Placówki. Jeżeli Placówka ma kilka fizycznych lokalizacji, to każda z\ntych lokalizacji powinna zostać objęta osobnym Profilem.\n5. Właściciel może utworzyć Profil Placówki lub potwierdzić informacje zawarte na już istniejącym Profilu Placówki. W tym celu\nniezbędne jest dokonanie rejestracji w Serwisie.\n6. Profil utworzony lub potwierdzony przez Właściciela oznaczony jest, jako „Profil zweryfikowany”.\n7. Na Profilu zweryfikowanym Placówki Właściciel otrzymuje dodatkowe uprawnienia, a w szczególności może:\na. edytować informacje o Placówce;\nb. dodać logotyp Placówki;\nc. przeglądać statystyki Profilu.\n\n8. Właściciel może zamieszczać w ramach Profilu Placówki jedynie logotyp Placówki. Właściciel wyraża zgodę na rozpowszechnianie i\npubliczne udostępnianie tego logotypu zamieszczonego przez siebie w Serwisie. W przypadku, gdy na logotyp Placówki udzielono\nprawa ochronnego na znak towarowy, Właściciel wyraża zgodę na korzystanie z tego logotypu w zakresie niezbędnym do świadczenia\nUsług przez Usługodawcę.\n9. Zabronione jest zamieszczanie logotypów nielicujących z charakterem Serwisu. Logotypy niespełniające powyższego kryterium mogą\nzostać usunięte przez Usługodawcę bez ostrzeżenia i konieczności powiadomienia Właściciela o tym fakcie.\n10. Usługodawca ma prawo odmówić opublikowania informacji na temat Placówki, a opublikowane informacje usunąć, jeżeli zostanie\nstwierdzona ich nieprawdziwość.\n§7. Warunki zawierania i rozwiązywania umów o świadczenie Usług. Rejestracja i logowanie.\n1. Zawarcie umowy o świadczenie Usług następuje poprzez (i) rejestrację w Serwisie, lub (ii) rejestrację w Serwisie za pomocą serwisu\nFacebook lub Google, lub (iii) zarezerwowanie terminu u Profesjonalisty za pomocą Kalendarza Wizyt, lub (iv) zadanie pytania\nzweryfikowanemu Profesjonaliście.\n2. Zawarcie umowy o świadczenie Usług wiąże się z wyrażeniem zgody na wszystkie warunki niniejszego Regulaminu bez konieczności\nskładania w tym celu dodatkowych oświadczeń. Użytkownik zobowiązuje się do przestrzegania Regulaminu.\n3. Zawierając umowę o świadczenie Usług Użytkownik, Profesjonalista lub Właściciel: potwierdza autentyczność podanych przez siebie\ndanych.\n4. Zawierając umowę o świadczenie Usług Użytkownik, Profesjonalista lub Właściciel przyjmuje do wiadomości, że jego dane osobowe\nbędą publicznie prezentowane w Internecie.\n5. Umowa o świadczenie Usług zostaje zawarta na czas nieokreślony.\n6. W celu Rejestracji Użytkownik lub Profesjonalista wypełnia formularz zamieszczony na stronie https://l.znanylekarz.pl/. Możliwa jest\nrównież Rejestracja za pomocą serwisu Facebook lub Google. Rejestracja jest również możliwa w procesie rezerwacji terminu u\nProfesjonalisty za pomocą Kalendarza Wizyt.\n7. Rejestracja i logowanie odbywa się za pomocą funkcjonalności udostępnionych przez Usługodawcę.\n8. W przypadku cofnięcia zgody na którykolwiek z warunków Regulaminu Użytkownik zobowiązany jest do natychmiastowego usunięcia\nswojego Konta lub zawiadomienia Usługodawcy o cofnięciu zgody.\n9. Użytkownikowi będącemu konsumentem w rozumieniu właściwych przepisów, przysługuje prawo do odstąpienia od umowy, w\nterminie 14 dni od dnia jej zawarcia, bez podania przyczyny. Odstąpienie od umowy następuje przez złożenie oświadczenia o\nodstąpieniu od umowy. Oświadczenie o odstąpieniu należy przesłać drogą elektroniczną na adres [email protected]. Do\nzachowania terminu do odstąpienia od umowy wystarczy\nwysłanie oświadczenia przed jego upływem\n10. Usługodawca zapewnia Użytkownikom i Profesjonalistom dostęp do własnych danych osobowych oraz umożliwia ich poprawianie i\nuzupełnianie.\n11. Utworzenie nowego Profilu lub przejęcie przez Profesjonalistę istniejącego Profilu wymaga wypełnienia formularza. Profesjonalista\nmoże zostać poproszony o weryfikację posiadanych uprawnień do wykonywania zawodu lub posiadanych kwalifikacji zawodowych.\nPrzesyłane przez Profesjonalistę informacje służą wyłącznie potwierdzeniu jego prawa do wykonywania zawodu. Brak przekazania\npowyższych informacji skutkuje brakiem możliwości utworzenia lub przejęcia Profilu.\n12. Użytkownik będący Właścicielem potwierdza swoje uprawnienia do administrowania Profilem Placówki. W takim przypadku\nUsługodawca rejestruje Użytkownika jako Właściciela.\n13. W przypadku pojawienia się uzasadnionych wątpliwości co do autentyczności wprowadzonych przez Użytkownika danych,\nUsługodawca może zażądać przedstawienia stosownych dokumentów potwierdzających te dane.\n14. Niedopuszczalne jest posiadanie przez jednego Użytkownika więcej niż jednego Konta.\n15. Zabrania się udostępniania swojego Konta osobom trzecim.\n16. Zabrania się korzystania z Kont należących do osób trzecich.\n17. Użytkownik może rozwiązać umowę o świadczenie Usług poprzez skasowanie swojego Konta.\n18. Profesjonalista może rozwiązać umowę o świadczenie Usług poprzez skasowanie swojego Konta\n19. Profesjonalista może rozwiązać umowę o świadczenie Usług poprzez skasowanie swojego Konta, z tym że okres wypowiedzenia\numowy wynosi 1 rok ze skutkiem na koniec roku kalendarzowego.\n20. Usługodawca zastrzega sobie prawo do rozwiązania umowy o świadczenie Usług poprzez skasowanie Konta, jeżeli działanie\nUżytkownika lub Profesjonalisty jest niezgodne z prawem, Regulaminem lub godzi w wizerunek Serwisu. Wypowiedzenie ma skutek\nnatychmiastowy. Ust. 19 stosuje się.\n§8. Odpowiedzialność\n1. Użytkownik i Profesjonalista są odpowiedzialni za bezpieczeństwo i zachowanie poufności swojego hasła do Profilu lub Konta.\nUsługodawca nie ponosi odpowiedzialności za nieuprawniony dostęp do Profilu lub Konta na skutek uzyskania dostępu do hasła przez\nosoby trzecie. W przypadku podejrzenia możliwości ujawnienia hasła osobom trzecim, Użytkownik i Profesjonalista zobowiązuje się\nniezwłocznie zmienić hasło lub skontaktować się w tym celu z Usługodawcą.\n2. Usługodawca nie ponosi odpowiedzialności za treść i formę materiałów i informacji umieszczonych w Serwisie przez Użytkownika,\nPlacówkę lub Profesjonalistę. Usługodawca nie odpowiada za roszczenia Użytkowników, Placówek Profesjonalistów oraz osób\ntrzecich, których prawa i uzasadnione interesy zostały naruszone poprzez te materiały. Użytkownik przyjmuje do wiadomości i zgadza\nsię, że Usługodawca nie jest zobowiązany do sprawdzenia lub weryfikacji materiałów lub\ninformacji zamieszczanych przez\nUżytkowników.\n3. Użytkownik, Placówka lub Profesjonalista ponoszą pełną odpowiedzialność za złamanie prawa bądź szkodę wywołaną ich działaniami\nw Serwisie, w szczególności podaniem nieprawdziwych danych, ujawnieniem tajemnicy zawodowej, innej informacji poufnej lub\ntajemnicy przedsiębiorstwa, naruszeniem dóbr osobistych lub praw autorskich oraz praw pokrewnych.\n4. Usługodawca wyraźnie zastrzega, iż korzystanie z Serwisu i udostępnianych przez niego Usług odbywa się na wyłączne ryzyko\nUżytkownika lub Profesjonalisty. Wszelkie umieszczone w Serwisie informacje i materiały, a także dostarczane za pośrednictwem\n\nSerwisu usługi nie są objęte gwarancją co do ich wartości, przydatności, zupełności, kompletności czy użyteczności.\n5. Usługodawca nie odpowiada za wady fizyczne i prawne oferowanych Usług bezpłatnych oraz za należytą jakość towarów i usług\nbezpłatnych. Usługodawca nie odpowiada także za skutki niewykonania lub nienależytego wykonania zaciągniętych przez\nkogokolwiek, za pośrednictwem Serwisu, zobowiązań oraz zdolności tych osób do zaciągania zobowiązań.\n6. Odpowiedzialność Usługodawcy za należytą jakość towarów i usług odpłatnych określają przepisy szczególne, stanowiące podstawę\nświadczeń odpłatnych.\n7. Usługodawca nie udziela żadnej gwarancji prawidłowego działania Serwisu w całości albo w części.\n8. W przypadku otrzymania przez Usługodawcę urzędowego zawiadomienia lub uzyskania wiarygodnej wiadomości o bezprawnym\ncharakterze przechowywanych danych dostarczonych przez Użytkownika lub Profesjonalistę i uniemożliwienia dostępu do tych\ndanych, Usługodawca nie ponosi odpowiedzialności względem tego Użytkownika lub Profesjonalisty za szkodę powstałą w wyniku\nuniemożliwienia dostępu do tych danych.\n9. W stosunku do podmiotów innych niż konsumenci, Usługodawca odpowiada wyłącznie za szkody spowodowane z wyłącznej winy\numyślnej Usługodawcy. Wyłączona jest odpowiedzialność Usługodawcy za utracone korzyści.\n10. ZnanyLekarz, w związku z usługami określonymi w §2 ust. 2 nie gwarantuje Profesjonalistom określonej pozycji w wynikach\nwyszukiwania wyszukiwarek internetowych lub umieszczenia informacji o ich praktyce zawodowej na mapach internetowych, jak\nrównież nie zobowiązuje się, że wszyscy Profesjonaliści zostaną ujęci w wynikach wyszukiwania wyszukiwarek internetowych lub że\ninformacja o ich praktykach zawodowej będzie umieszczona na mapach internetowych.\n11. ZnanyLekarz nie odpowiada za prawidłowość danych w wynikach wyszukiwania wyszukiwarek internetowych lub map internetowych.\n12. ZnanyLekarz wskazuje, że wyniki ankiety wypełnianej przez Użytkownika w trakcie umawiania wizyty u wybranego Profesjonalisty nie\nzawierają diagnozy medycznej, a w konsekwencji jej prowadzenie nie może być kwalifikowana jako wykonywanie przez ZnanyLekarz\nświadczeń zdrowotnych. Ankieta oraz jej wynik mają za zadanie jedynie pomóc Profesjonaliście w przygotowaniu się do wizyty. Wynik\nankiety ma jedynie charakter statystyczny, oparty o ogólnodostępne źródła wiedzy.\n§9. Tryb zgłaszania zastrzeżeń i postępowania reklamacyjnego\n1. Usługodawca dołoży wszelkich starań w celu zapewnienia prawidłowego działania Serwisu oraz udzieli pomocy w rozwiązywaniu\nproblemów związanych z jego funkcjonowaniem.\n2. Zastrzeżenia co do rzetelności opinii zawartych w Serwisie zgłasza się bezpośrednio przy danej opinii za pomocą przycisku \"zgłoś\nnadużycie\". Zgłoszenie zostanie rozpatrzone przez Usługodawcę w terminie 14 dni roboczych.\n3. Pozostałe zastrzeżenia, a także uwagi, sugestie i błędy strony można zgłaszać, pisząc na adres e-mail: [email protected].\n4. Odpowiedzi na zgłoszenia będą udzielane na adres poczty elektronicznej Użytkownika lub Profesjonalisty.\n5. Zakłócenia w funkcjonowaniu Serwisu, problemy i uwagi związane ze świadczonymi usługami w ramach Serwisu mogą być\nreklamowane przez Użytkownika, Placówkę lub Profesjonalistę w terminie 21 dni od daty zdarzenia, poprzez zgłoszenie na\nadres: [email protected].\n6. Reklamacja rozpatrywana jest w terminie 21 dni od dnia jej wniesienia. Jeżeli termin ten nie będzie mógł być dotrzymany,\nUsługodawca powiadomi przed jego upływem o przyczynach opóźnienia i wyznaczy kolejny termin.\n7. Usługodawca zastrzega sobie prawo do pozostawienia reklamacji bez rozpoznania, jeżeli wynikać ona będzie z nieznajomości\nniniejszego Regulaminu, jego załączników lub przepisów prawa. Reklamacje zawierające treści wulgarne lub obraźliwe wobec\nUsługodawcy nie będą rozpatrywane.\n§10. Postanowienia końcowe\n1. Usługodawca zastrzega sobie prawo do jednostronnej zmiany Regulaminu w ważnych przypadkach, w szczególności w przypadku\nzmiany funkcjonalności Serwisu, zmiany profilu działalności Usługodawcy lub zmiany przepisów prawa.\n2. O dokonanej zmianie Regulaminu Usługodawca poinformuje Użytkownika drogą poczty elektronicznej na wskazany adres e-mail lub w\ndrodze korespondencji wewnętrznej kierowanej do Użytkownika przez mechanizm informatyczny na Konto Użytkownika, na 14 dni\nprzed ich wejściem w życie.\n3. Użytkownik i Profesjonalista ponoszą odpowiedzialność za podanie adresu poczty elektronicznej, do którego nie posiadają dostępu, w\nszczególności adresu nieprawidłowego lub należącego do innego podmiotu, oraz wynikające z tego faktu skutki w postaci\nnieotrzymania powiadomienia określonego w ust. 2.\n4. Prawem właściwym dla niniejszego Regulaminu oraz dla umowy o świadczenie Usług jest prawo polskie.\n5. W sprawach nieuregulowanych w Regulaminie stosuje się przepisy ustawy o świadczeniu usług drogą elektroniczną, ustawy o prawie\nautorskim i prawach pokrewnych oraz Kodeksu cywilnego.\n6. Właściwym do rozstrzygania sporów wynikających ze świadczenia Usług, w przypadku sporów z Użytkownikami niebędącymi\nkonsumentami jest sąd właściwy dla siedziby Usługodawcy. Użytkownik będący konsumentem ma możliwość skorzystania z\npozasądowego sposobu rozpatrywania sporów przed Stałym Polubownym Sądem Konsumenckim przy Mazowieckim Wojewódzkim\nInspektorze Inspekcji Handlowej w Warszawie. Informacje o sposobie dostępu do ww. trybu i procedur rozstrzygania sporów\nznajdują\nsię pod następującym adresem: \nwww.uokik.gov.pl oraz pod adresem: https://konsument.gov.pl/. Użytkownik będący konsumentem\nma również możliwość skorzystania z unijnej platformy internetowej ODR, dostępnej pod adresem: \nhttp://ec.europa.eu/consumers/odr/.\nDOTACJE NA INNOWACJE\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":0,"explanation":"Clause ensuring the right to retrieve some of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Spotify","url":"https://www.spotify.com/ie/legal/end-user-agreement/","lang":"ENG","sector":"Music","hq":"Sweden","hq_category":"EU","is_public":"Public","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Legal \nTerms and Conditions of Use\n\nCopyright Policy\n\nPrivacy Policy\nUser Guidelines\n\nPremium Offer Terms\nSpotify Terms of Use\n1. Introduction\n2. The Spotify Service Provided by Us.\n3. Your Use of the Spotify Service\n4. Content and Intellectual Property Rights\n5. Customer Support, Information, Questions and Complaints\n6. Problems and Disputes\n7. About these Terms\n1. Introduction\nPlease read these Terms of Use (these \"Terms\") carefully as they govern your use of (which\nincludes access to) Spotify's personalized services for streaming music and other content,\nincluding all of our websites and software applications that incorporate or link to these Terms\n(collectively, the \"Spotify Service\") and any music, videos, podcasts, or other material that is\nmade available through the Spotify Service (the \"Content\").\nUse of the Spotify Service may be subject to additional terms and conditions presented by\nSpotify, which are hereby incorporated by this reference into these Terms.\nBy signing up for, or otherwise using, the Spotify Service, you agree to these Terms. If you do\nnot agree to these Terms, then you must not use the Spotify Service or access any Content.\nService Provider\nThese Terms are between you and Spotify AB, Regeringsgatan 19, 111 53, Stockholm, Sweden.\nAge and eligibility requirements\nIn order to use the Spotify Service and access any Content, you need to (1) be 13 years of age\n(or the equivalent minimum age in your home country) or older, (2) have parent or guardian\nconsent if you are a minor in your home country; (3) have the power to enter a binding contract\nwith us and not be barred from doing so under any applicable laws, and (4) reside in a country\nwhere the Service is available. You also promise that any registration information that youfy\n\nsubmit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times\nIf you are a minor in your home country, your parent or guardian will need to enter into these\nTerms on your behalf. You can find additional information regarding minimum age requirements\nin the registration process. If you do not meet the minimum age requirements then Spotify will\nbe unable to register you as a user.\n2. The Spotify Service Provided by Us.\nSpotify Service Options\nWe provide numerous Spotify Service options. Certain Spotify Service options are provided\nfree-of-charge, while other options require payment before they can be accessed (the \"Paid\nSubscriptions\"). We may also offer special promotional plans, memberships, or services,\nincluding offerings of third-party products and services. We are not responsible for the\nproducts and services provided by such third parties.\nThe Unlimited Service may not be available to all users. We will explain which services are\navailable to you when you are signing up for the services. If you cancel your subscription to the\nUnlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if\nyou change your payment details), you may not be able to re-subscribe for the Unlimited\nService. Note that the Unlimited Service may be discontinued in the future, in which case you\nwill no longer be charged for the Service.\nTrials\nFrom time to time, we or others on our behalf may offer trials of Paid Subscriptions for a\nspecified period without payment or at a reduced rate (a \"Trial\"). By using a Spotify Service via a\nTrial, you agree to the Spotify Premium Promotional Offer Terms.\nThird-Party Applications, Devices and Open Source Software\nThe Spotify Service may be integrated with, or may otherwise interact with, third-party\napplications, websites, and services (\"Third-Party Applications\") and third-party personal\ncomputers, mobile handsets, tablets, wearable devices, speakers, and other devices\n(\"Devices\"). Your use of such Third-Party Applications and Devices may be subject to additional\nterms, conditions and policies provided to you by the applicable third party. Spotify does not\nguarantee that Third-Party Applications and Devices will be compatible with the Spotify\nService.\nService Limitations and Modifications\nWe use reasonable care and skill to keep the Spotify Service operational and to provide you\nwith a personalized, immersive audio experience. However, our service offerings and their\navailability may change from time to time and subject to applicable laws, without liability to\nyou; for example:\nThe Spotify Services may experience temporary interruptions due to technical\ndifficulties, maintenance or testing, or updates, including those required to reflect\nchanges in relevant laws and regulatory requirements.fy\n\nWe aim to evolve and improve our Services constantly, and we may modify, suspend, or\nstop (permanently or temporarily) providing all of part of the Spotify Service (including\nparticular functions, features, subscription plans and promotional offerings).\nSpotify has no obligation to provide any specific content through the Spotify Service,\nand Spotify or the applicable owners may remove particular songs, videos, podcasts,\nand other Content without notice.\nIf you have prepaid fees directly to Spotify for a Paid Subscription that Spotify discontinues\nprior to the end of your Pre-Paid Period (as that term is defined in the Payments and\ncancellations section below), Spotify will refund you the prepaid fees for the Pre-Paid Period for\nany unused part of your then current Paid Subscription after such discontinuation. Your account\nand billing information must be up to date in order for us to refund you.\nSpotify has no liability to you, nor any obligation to provide a refund to you, in connection with\ninternet or other service outages or failures that are caused by the actions of government\nauthorities, other third parties or events beyond our control.\n3. Your Use of the Spotify Service\nCreating a Spotify account\nYou may need to create a Spotify account to use all or part of the Spotify Service. Your\nusername and password are for your personal use only and should be kept confidential. You\nunderstand that you are responsible for all use (including any unauthorized use) of your\nusername and password. Notify our Customer Service team immediately if your username or\npassword is lost or stolen, or if you believe there has been unauthorized access to your account.\nSpotify may reclaim, or require you to change, your username for any reason.\nYour rights to use the Spotify Service\nAccess to the Spotify Services\nSubject to your compliance with these Terms (including any other applicable terms and\nconditions), we grant to you limited, non-exclusive, revocable permission to make personal,\nnon-commercial use of the Spotify Service and the Content (collectively, \"Access\"). This Access\nshall remain in effect unless and until terminated by you or Spotify. You agree that you will not\nredistribute or transfer the Spotify Service or the Content.\nThe Spotify software applications and the Content are licensed, not sold or transferred to you,\nand Spotify and its licensors retain ownership of all copies of the Spotify software applications\nand Content even after installation on your Devices.\nSpotify's Proprietary Rights\nThe Spotify Service and the Content are the property of Spotify or Spotify's licensors. All\nSpotify trademarks, service marks, trade names, logos, domain names, and any other features of\nthe Spotify brand (\"Spotify Brand Features\") are the sole property of Spotify or its licensors.fy\n\nThese Terms do not grant you any rights to use any Spotify Brand Features whether for\ncommercial or non-commercial use.\nYou agree to abide by the Spotify User Guidelines and not to use the Spotify Service, the\nContent, or any part thereof in any manner not expressly permitted by these Terms.\nPayments and cancellation\nBilling\nYou may purchase a Paid Subscription directly from Spotify or through a third party either by:\npaying a subscription fee in advance on a monthly basis or some other recurring\ninterval disclosed to you prior to your purchase; or\npre-payment giving you access to the Spotify Service for a specific time period (\"Pre-\nPaid Period\").\nTax rates are calculated based on the information you provide and the applicable rate at the\ntime of your monthly charge.\nIf you purchase access to a Paid Subscription through a third party, separate terms and\nconditions with such third party may apply to your use of the Spotify Service in addition to\nthese Terms. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other\noffer provided or sold by or on behalf of Spotify for access to a Paid Subscription (\"Codes\"), you\nhereby agree to the Spotify Card Terms.\nPrice and tax changes\nSpotify may from time to time change the price for the Paid Subscriptions, including recurring\nsubscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (defined above), and\nwill communicate any price changes to you in advance on reasonable notice. Price changes will\ntake effect at the start of the next subscription period following the date of the price change.\nSubject to applicable law, by continuing to use the Spotify Service after the price change takes\neffect, you will have accepted the new price. If you do not agree to a price change, you can\nreject the change by unsubscribing from the applicable Paid Subscription prior to the price\nchange going into effect.\nTax rates are based on the rates applicable at the time of your monthly charge. These amounts\ncan change over time with local tax requirements in your country, state, territory or even city.\nAny change in Tax rate will be automatically applied based on the account information you\nprovide\nRenewal and Cancellation\nWith the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Spotify or the\nthird party through which you purchased the Paid Subscription will automatically renew at the\nend of the applicable subscription period, unless you cancel your Paid Subscription before the\nend of the then-current subscription period. Contact our Customer Support team here forff\n\ninstructions on how to cancel. The cancellation will take effect the day after the last day of the\ncurrent subscription period, and you will be downgraded to the free version of the Spotify\nService. We do not provide refunds or credits for any partial subscription periods, except as\nexpressly stated in these Terms.\nIf you have purchased a Paid Subscription using a Code, your subscription will automatically\nterminate at the end of the period stated in the Code, or when there is an insufficient pre-paid\nbalance to pay for the Spotify Service.\nWithdrawal right\nIf you sign up for a Trial, you agree that the withdrawal right for the Paid Subscription for which\nyou are receiving a Trial ends fourteen (14) days after you start the Trial. If you don't cancel the\nPaid Subscription before the Trial ends, you lose your right of withdrawal and authorise Spotify\nto automatically charge you the agreed price each month until you cancel the Paid Subscription.\nFor trials less than fourteen (14) days, you expressly consent to us providing you with the paid\nservice immediately after the end of your Trial and that from that point you lose your right of\nwithdrawal.\nIf you purchase a Paid Subscription with no Trial, you agree you have fourteen (14) days after\nyour purchase to withdraw for any reason and must pay us for the services provided up until the\ntime you tell us that you have changed your mind. . You expressly consent to us providing you\nwith the service immediately following your purchase, that you lose your right of withdrawal,\nand authorise Spotify to charge you automatically each month until you cancel.\nUser Guidelines\nWe've established guidelines for using the Spotify Service, to make sure the Spotify Service\nstays enjoyable for everyone (\"Spotify User Guidelines\"). In using the Spotify Service, you must\ncomply with the Spotify User Guidelines, as well as all applicable laws, rules, and regulation,\nand respect the intellectual property, privacy, and other rights of third parties.\nBrand Accounts\nIf you establish a Spotify account on behalf of a company, organization, entity, or brand (a\n\"Brand,\" and such account a \"Brand Account\"), the terms \"you\" and \"your,\" as used throughout\nthese Terms (including other Spotify terms and conditions incorporated by reference herein),\napply to both you and the Brand.\nIf you create a Brand Account, you represent and warrant that you are authorized to grant all\npermissions and licenses provided in these Terms (including any other applicable Spotify terms\nand conditions) and to bind the Brand to these Terms.\nA Brand may follow users and create and share playlists, provided that the Brand does not take\nany action that implies an endorsement or commercial relationship between the Brand and the\nfollowed user, artist, songwriter, or any other person, unless the Brand has independently\nobtained the rights to imply such an endorsement. In addition, Brands must be transparent to\nour users about disclosing any endorsements or consideration provided to artists, songwriters,\n\nusers, or any other party and must comply with all applicable laws, regulations, and codes of\npractice when engaging in the foregoing practices.\nExport control and sanctions\nSpotify's products may be subject to U.S. export and re-export control laws and regulations or\nsimilar laws applicable in other jurisdictions, including the Export Administration Regulations\n(\"EAR\") maintained by the U.S. Department of Commerce, trade and economic sanctions\nmaintained by the Treasury Department's Office of Foreign Assets Control (\"OFAC\"), and the\nInternational Traffic in Arms Regulations (\"ITAR\") maintained by the Department of State. You\nwarrant that you are (1) not located in any country to which the United States has embargoed\ngoods or has otherwise applied any economic sanctions; and (2) not a denied party as specified\nin any applicable export or re-export laws or regulations or similar laws applicable in other\njurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.\nYou agree to comply with all applicable export and reexport control laws and regulations,\nincluding without limitation the EAR and trade and economic sanctions maintained by OFAC.\nSpecifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer,\ndivert, release, or otherwise dispose of any products, software, or technology (including\nproducts derived from or based on such technology) received from Spotify under these Terms\nto any destination, entity, or person or for any end-use prohibited by the EAR, trade and\neconomic sanctions maintained by OFAC, or any applicable laws or regulations of the United\nStates or any other jurisdiction without obtaining any required prior authorization from the\ncompetent government authorities as required by those laws and regulations.\n4. Content and Intellectual Property Rights\nUser content\nThe content you post on the service\nSpotify users may post, upload, or otherwise contribute content to the Spotify Service (\"User\nContent\"). For the avoidance of doubt, \"User Content\" includes all information, materials and\nother content that is added, created, uploaded, submitted, distributed, or posted to the Spotify\nService (including to the Spotify Support Community) by users.\nYou are solely responsible for all User Content that you post.\nYou promise that, with respect to any User Content you post on Spotify, (1) you own or have the\nright to post such User Content; (2) such User Content, or its use by Spotify pursuant to the\nlicense granted below, does not: (i) violate these Terms, applicable law, or the intellectual\nproperty or other rights of any third party; or (ii) such User Content does not imply any\naffiliation with or endorsement of you or your User Content by Spotify or any artist, band, label,\nor other individual or entity without the prior express written consent from Spotify or such\nindividual or entity.\nIn posting or sharing User Content or other information on the Spotify Service, please keep in\nmind that content and other information will be publicly accessible, and may be used and re-fy\n\nshared by others on the Spotify Service and across the web, so please use caution in posting or\nsharing on the Spotify Service, and be mindful of your account settings. Spotify is not\nresponsible for what you or others post or share on the Spotify Service.\nMonitoring user content\nSpotify may, but has no obligation to, monitor or review User Content. Spotify reserves the right\nto remove or disable access to any User Content for any or no reason. Spotify may take these\nactions without prior notification to you.\nLicenses that you grant us\nUser Content\nYou retain ownership of your User Content when you post it to the Service. However, in order\nfor us to make your User Content available on the Spotify Service, we do need a limited license\nfrom you to that User Content. Accordingly, you hereby grant to Spotify a non-exclusive,\ntransferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to\nreproduce, make available, perform and display, translate, modify, create derivative works from,\ndistribute, and otherwise use any such User Content through any medium, whether alone or in\ncombination with other Content or materials, in any manner and by any means, method or\ntechnology, whether now known or hereafter created, in connection with the Spotify Service.\nWhere applicable and to the extent permitted under applicable law, you also agree to waive,\nand not to enforce, any \"moral rights\" or equivalent rights, such as your right to be identified as\nthe author of any User Content, including Feedback, and your right to object to derogatory\ntreatment of such User Content.\nFeedback\nIf you provide ideas, suggestions, or other feedback in connection with your use of the Spotify\nService or any Content (\"Feedback\"), such Feedback is not confidential and may be used by\nSpotify without restriction and without payment to you. Feedback is considered a type of User\nContent under these Terms.\nYour Device.\nYou also grant to us the right (1) to allow the Spotify Service to use the processor, bandwidth,\nand storage hardware on your Device in order to facilitate the operation of the Spotify Service,\n(2) to provide advertising and other information to you, and to allow our business partners to do\nthe same, as permitted in accordance with the Spotify Privacy Policy.\nContent experience\nIn any part of the Spotify Service, the Content that you access, including its selection and\nplacement, may be influenced by commercial considerations, including Spotify's agreements\nwith third parties.fy\n\nSome Content licensed by, provided to, created by, or otherwise made available by Spotify\n(e.g., podcasts) may incorporate advertising, and Spotify is not responsible for any such\nadvertising.\nInfringement claims\nSpotify respects the rights of intellectual property owners. If you believe that any Content\ninfringes your copyright rights, please see the Spotify Copyright Policy.\n5. Customer Support, Information, Questions and\nComplaints\nSpotify Support Community\nThe Spotify Support Community is a place for discussions and exchange of information, tips,\nand other materials related to the Spotify Service. By using the Spotify Support Community, you\nagree to the Community Terms.\nCustomer Support, Information, Questions, Complaint\nFor customer support with account- and payment-related questions (\"Customer Support\nQueries\"), please use Customer Support resources listed on the About Us section of our\nwebsite.\nIf you have any questions concerning the Spotify Service or these Terms (including any\nadditional Spotify terms and conditions incorporated herein), please contact Spotify Customer\nService by visiting the About Us section of our website.\nIf you reside in the European Union, you can also file a complaint at the online platform for\nalternative dispute resolution (ODR-platform). You can find the ODR-platform through the\nfollowing link: https://ec.europa.eu/consumers/odr.\n6. Problems and Disputes\nSuspending and terminating the Spotify Services\nThese Terms will continue to apply to you until terminated by either you or Spotify. Spotify may\nterminate these Terms (including any additional terms and conditions incorporated herein) or\nsuspend your access to the Spotify Service at any time if we believe you have breached any of\nthese Terms, if we stop providing the Spotify Service or any material component thereof on\nreasonable notice to you, or as we believe necessary to comply with applicable law. If you or\nSpotify terminate these Terms, or if Spotify suspends your access to the Spotify Service, you\nagree that Spotify shall, subject to applicable laws, have no liability or responsibility to you, and\n(except as expressly provided in these Terms) Spotify will not refund any amounts that you have\nalready paid. You may terminate these Terms at any time, in which case you may not continue\naccessing or using the Spotify Service. To learn how to terminate your Spotify account, please\nuse the Customer Support resources on our About Us page.fy\n\nSections 4 (Content and Intellectual Property Rights), 3 (Your Use of the Spotify Service), 2 (The\nSpotify Service Provided by Us), 6 (Problems and Disputes), 7 (About These Terms) herein, as\nwell as any other sections of these Terms that, either explicitly or by their nature, must remain in\neffect even after termination of these Terms, shall survive termination.\nWarranty disclaimers\nSpotify will provide the Spotify Service using reasonable care and skill and in accordance with\nany specification of the Spotify Service provided by Spotify, however, subject to that, the\nSpotify Service is provided \"as is\" and \"as available,\" without any warranties of any kind,\nwhether express, implied, or statutory. Further, Spotify and all owners of the content disclaim\nany express, implied, and statutory warranties regarding the content, including warranties of\nsatisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.\nNeither Spotify nor any owner of content warrants that the Spotify Service or content is free\nof malware or other harmful components. In addition, Spotify makes no representation\nregarding, nor does it warrant or assume any responsibility for, any third-party applications (or\nthe content thereof), user content, devices or any product or service advertised, promoted or\noffered by a third party on or through the Spotify Service or any hyperlinked website, and\nSpotify is not responsible for any transactions between you and any third-party providers of\nthe foregoing. No advice or information whether oral or in writing obtained by you from\nSpotify shall create any warranty on behalf of Spotify. While using the Spotify Service, you\nmay have access to explicit content filtering features, but use of these features may still result\nin some explicit content being served and you should not rely on such features to filter all\nexplicit content. This section applies to the fullest extent permitted by applicable law.\nSome jurisdictions do not allow the exclusion of implied warranties or limitations on applicable\nstatutory rights of a consumer, so the exclusion and limitations in this section may not apply to\nyou and nothing will affect your statutory rights.\nLimitation of Liability and Time for Filing a Claim\nSubject to applicable law, you agree that your sole and exclusive remedy for any problems or\ndissatisfaction with the Spotify Service is to uninstall any Spotify software and to stop using\nthe Spotify Service. You agree that Spotify has no obligation or liability arising from or related\nto third-party applications or the content thereof made available through or in connection\nwith the Spotify Service, and while your relationship with such third-party applications may\nbe governed by separate agreements with such third parties, your sole and exclusive remedy,\nas with respect to Spotify, for any problems or dissatisfaction with any third-party\napplications or the content thereof, is to uninstall or stop using such third-party applications.\nIn no event will Spotify, its officers, shareholders, employees, agents, directors, subsidiaries,\naffiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special,\nincidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business,\nor profits (whether direct or indirect), in all cases arising out of the use of or inability to use the\nSpotify Service, devices, third-party applications, or third-party application content; or (3)\naggregate liability for all claims relating to the Spotify Service, third-party applications, or\n\nthird-party application content more than the greater of (a) the amounts paid by you to\nSpotify during the twelve months prior to the first claim; or (b) $30.00. Any liability we do\nhave for losses you suffer is strictly limited to losses that were reasonably foreseeable.\nFor clarification, these terms do not limit Spotify's liability for fraud, fraudulent\nmisrepresentation, death or personal injury to the extent that applicable law would prohibit\nsuch a limitation and for any other liability that, by applicable law, may not be limited or\nexcluded.\nExcept where such restriction is prohibited under applicable law, any claim arising under\nthese terms must be commenced (by filing a demand for arbitration or filing an individual\naction under the arbitration agreement below) within one (1) year after the date the party\nasserting the claim first knows or reasonably should know of the act, omission, or default\ngiving rise to the claim; and there shall be no right to any remedy for any claim not asserted\nwithin that time period.\nThird Party Rights\nYou acknowledge and agree that the owners of the Content and certain distributors (such as\napp store providers) are intended beneficiaries of these Terms and have the right to enforce\nthese Terms directly against you. Other than as set out in this section, these Terms are not\nintended to grant rights to anyone except you and Spotify, and in no event shall these Terms\ncreate any third-party beneficiary rights.\nIf you have downloaded any of our mobile software applications (each, an \"App\") from the\nApple Inc. (\"Apple\") App Store or if you are using the App on an iOS device, you acknowledge\nthat you have read, understood, and agree to the following notice regarding Apple. These Terms\nare between you and Spotify only, not with Apple, and Apple is not responsible for the Spotify\nService and the content thereof. Apple has no obligation whatsoever to furnish any\nmaintenance and support services with respect to the Spotify Service. In the event of any failure\nof the Spotify Service to conform to any applicable warranty, you may notify Apple and Apple\nwill refund the applicable purchase price for the App to you; and, to the maximum extent\npermitted by applicable law, Apple has no other warranty obligation whatsoever with respect to\nthe Spotify Service. Apple is not responsible for addressing any claims by you or any third party\nrelating to the Spotify Service or your possession or use of the Spotify Service, including: (1)\nproduct liability claims; (2) any claim that the Spotify Service fails to conform to any applicable\nlegal or regulatory requirement; (3) claims arising under consumer protection or similar\nlegislation; and (4) claims with respect to intellectual property infringement. Apple is not\nresponsible for the investigation, defense, settlement, and discharge of any third-party claim\nthat the Spotify Service or your possession and use of the App infringe that third party's\nintellectual property rights. You agree to comply with any applicable third-party terms, when\nusing the Spotify Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these\nTerms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed\nto have accepted the right) to enforce these Terms against you as a third-party beneficiary of\nthese Terms.fi\n\nIndemnification\nYou agree to indemnify and hold Spotify harmless from and against any reasonably foreseeable\ndirect losses, damages, and reasonable expenses (including reasonable attorney fees and costs)\nsuffered or incurred by Spotify arising out of or related to: (1) your breach of any of these Terms\n(including any additional Spotify terms and conditions incorporated herein); (2) any User\nContent you post or otherwise contribute; (3) any activity in which you engage on or through\nthe Spotify Service; and (4) your violation of any law or the rights of a third party.\nGoverning Law, Mandatory Arbitration and Venue\n6.1 Governing Law / Jurisdiction\nUnless otherwise required by mandatory laws in your country of residence, the Agreements\n(and any non-contractual disputes/claims arising out of or in connection with them) are subject\nto the laws of the state or country listed below, without regard to choice or conflicts of law\nprinciples.\nFurther, you and Spotify agree to the jurisdiction of the courts listed below to resolve any\ndispute, claim, or controversy that arises in connection with the Agreements (and any non-\ncontractual disputes/claims arising out of or in connection with them), except where under\napplicable mandatory laws, you can choose to bring legal proceedings in your country of\nresidence, or we are required to only bring legal proceedings in your country of residence\nCountry or region\nChoice of Law\nJurisdiction\nAll other countries and\nregions in which Spotify is\navailable.\nSweden\nExclusive; Courts of Sweden\nBulgaria, Cyprus, Estonia,\nFrance, Hong Kong, Latvia,\nLithuania, Luxembourg,\nMalta, Monaco, Norway,\nPhilippines, Portugal,\nSlovakia, Spain, Turkey\nLaws of Sweden\nNon-exclusive; Courts of Sweden\nBrazil\nLaws of Brazil\nExclusive; State and Federal\nCourts of São Paulo, State of São\nPaulo, Brazil\n\nCountry or region\nChoice of Law\nJurisdiction\nCanada\nNot applicable to\nresidents of Quebec:\nLaws of the Province of\nOntarioResidents of\nQuebec: Laws of the\nProvince of Quebec,\nCanada\nNot applicable to residents of\nQuebec: Exclusive other than for\nthe purpose of enforcing\njudgements; Courts of Ontario,\nCanadaResidents of Quebec:\nCourts of Quebec, Canada\nArgentina, Bolivia, Chile,\nColombia, Costa Rica,\nDominican Republic,\nEcuador, El Salvador,\nGuatemala, Honduras,\nNicaragua, Panama,\nParaguay, Peru, Uruguay\nState of California,\nUnited States\nExclusive; State and Federal\nCourts of San Francisco County,\nCA or New York, NY\nUnited Kingdom\nLaws of England and\nWales\nExclusive\n6.2 CLASS ACTION WAIVER\nWHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SPOTIFY AGREE THAT EACH\nMAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY\nAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR\nREPRESENTATIVE ACTION. Unless both you and Spotify agree, no arbitrator or judge may\nconsolidate more than one person's claims or otherwise preside over any form of a\nrepresentative or class proceeding.\n6.3 ARBITRATION\nIf you are located in, are based in, have offices in, or do business in a jurisdiction in which this\nSection 6.3. is enforceable, the following mandatory arbitration provisions apply to you:\n6.3.1 Dispute resolution and arbitration\nYou and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in\nconnection with or relating in any way to these Agreements or to your relationship with Spotify\nas a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or\nany other legal theory, and whether the claims arise during or after the termination of the\nAgreements) will be determined by mandatory binding individual arbitration. Arbitration is more\ninformal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT\nREVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than\nin court. The arbitrator must follow this agreement and can award the same damages and relief\nas a court (including attorney fees), except that the arbitrator may not award declaratory orfi\n\ninjunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision\nwill survive termination of the Agreements.\n6.3.2 Exceptions\nNotwithstanding clause 6.3.1 above, you and Spotify both agree that nothing herein will be\ndeemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an\nindividual action in a small claims court ,(2) pursue enforcement actions through applicable\nfederal, state, or local agencies where such actions are available, (3) seek injunctive relief in a\ncourt of law, or (4) to file suit in a court of law to address intellectual property infringement\nclaims.\n6.3.3 Arbitration rules\nEither you or we may start arbitration proceedings. Any arbitration between you and Spotify will\nbe finally settled under the Rules of Arbitration of the International Chamber of Commerce (the\n\"ICC\") then in force (the \"ICC Rules\") by one or more arbitrators appointed in accordance with\nthe ICC Rules, as modified by these Agreements, and will be administered by the International\nCourt of Arbitration of the ICC.\nAny arbitration will be conducted in the English language and unless otherwise required by a\nmandatory law of a member state of the European Union or any other jurisdiction, the law to be\napplied in any arbitration shall be the law of [the relevant state or country described in clause\n6.1], without regard to choice or conflicts of law principles.\n6.3.4 Time for filing\nAny arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR\nafter the date the party asserting the claim first knows or reasonably should know of the act,\nomission, or default giving rise to the claim; and there shall be no right to any remedy for any\nclaim not asserted within that time period. If applicable law prohibits a one-year limitation\nperiod for asserting claims, any claim must be asserted within the shortest time period\npermitted by applicable law.\n6.3.5 Notice; Process\nA party who intends to seek arbitration must first send a written notice of the dispute to the\nother, by certified mail or Federal Express (signature required), or in the event that we do not\nhave a physical address on file for you, by electronic mail (\"Notice\"). Spotify's address for\nNotice is: [Spotify, Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd\nFloor, New York, New York 10007, USA]. The Notice must (1) describe the nature and basis of\nthe claim or dispute; and (2) set forth the specific relief sought (\"Demand\"). We agree to use\ngood faith efforts to resolve the claim directly, but if we do not reach an agreement to do so\nwithin 30 days after the Notice is received, you or Spotify may commence an arbitration\nproceeding. During the arbitration, the amount of any settlement offer made by you or Spotify\nshall not be disclosed to the arbitrator until after the arbitrator makes a final decision and\naward, if any. In the event our dispute is finally resolved through arbitration in your favor,\nSpotify shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last writtenfffy\n\nsettlement amount offered by Spotify in settlement of the dispute prior to the arbitrator's\naward; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the\ncourse of the arbitration shall be kept strictly confidential by the recipient and shall not be used\nby the recipient for any purpose other than for purposes of the arbitration or the enforcement of\nthe arbitrator's decision and award and shall not be disclosed except in confidence to persons\nwho have a need to know for such purposes or as required by applicable law.Except as required\nto enforce the arbitrator's decision and award, neither you nor Spotify shall make any public\nannouncement or public comment or originate any publicity concerning the arbitration,\nincluding, but not limited to, the fact that the parties are in dispute, the existence of the\narbitration, or any decision or award of the arbitrator.\n6.3.6 Modifications\nIn the event that Spotify makes any future change to this arbitration provision (other than a\nchange to Spotify's address for Notice), you may reject any such change by sending us written\nnotice within 30 days of the change to Spotify's address for Notice, in which case your account\nwith Spotify shall be immediately terminated and this arbitration provision, as in effect\nimmediately prior to the amendments you reject, shall survive.\n6.3.7 Enforceability\nIf the class action waiver at Section 6.2 is found to be unenforceable in arbitration or if any part\nof this Section 6.3 is found to be invalid or unenforceable, then the entirety of this Section 6.3\nshall be null and void and, in such case, the parties agree that the exclusive jurisdiction and\nvenue described in Section 6.1 shall govern any action arising out of or related to the\nAgreements and you shall not be prevented from bringing proceedings at any time.\n7. About these Terms\nUnder applicable law, you may have certain rights that can't be limited by a contract. These\nterms are in no way intended to restrict those rights.\nChanges\nWe may make changes to these Terms (including any additional Spotify terms and conditions\nincorporated by reference herein) from time to time by notifying you of such changes by any\nreasonable means (before they take effect), including by posting a revised Agreement on the\napplicable Spotify Service (provided that, for material changes, we will seek to supplement such\nnotice by email, an in-service pop-up message, or other means). Any such changes will not\napply to any dispute between you and us arising prior to the date on which we posted the\nrevised Terms, or other Spotify terms and conditions, incorporating such changes, or otherwise\nnotified you of such changes. Your use of the Spotify Service following any changes to these\nTerms will constitute your acceptance of such changes. If you do not wish to continue using the\nSpotify Service under the updated Terms, you may terminate your account by contacting us.\nThe effective date set forth at the top of this document indicates when these Terms were last\nchanged.\nEntire Agreement\n\nOther than as stated in this section or as explicitly agreed upon in writing between you and\nSpotify, these Terms constitute all the terms and conditions agreed upon between you and\nSpotify and supersede any prior agreements in relation to the subject matter of these Terms,\nwhether written or oral. As noted above, other terms and conditions governing use of the\nSpotify Service are incorporated herein by reference, including the following terms and\nconditions: the Spotify Premium Promotional Offer Terms;Spotify's Card Terms; the Spotify User\nGuidelines; the Spotify Copyright Policy; and the Spotify Support Community Terms.\nSeverability and Waiver\nUnless as otherwise stated in these Terms, should any provision of these Terms be held invalid\nor unenforceable for any reason or to any extent, the remaining provisions of these Terms will\nnot be affected, and the application of that provision shall be enforced to the extent permitted\nby law.\nAny failure by Spotify or any third-party beneficiary to enforce these Terms or any provision\nthereof shall not waive Spotify's or the applicable third-party beneficiary's right to do so.\nAssignment\nSpotify may assign any or all of these Terms, and may assign or delegate, in whole or in part,\nany of its rights or obligations under these Terms. You may not assign these Terms, in whole or\nin part, nor transfer or sub-license your rights under these Terms, to any third party.\nCOMPANY\nAbout\nJobs\nFor the Record\nCOMMUNITIES\nFor Artists\nDevelopers\nAdvertising\n\nInvestors\nVendors\nUSEFUL LINKS\nSupport\nWeb Player\nFree Mobile App\nIreland\nLegal\nPrivacy Center\nPrivacy Policy\nCookie Settings\nAbout Ads\n© 2022 Spotify AB\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Tidal","url":"https://tidal.com/terms","lang":"ENG","sector":"Music","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Paid","date":"25.05.2018"},"document":{"title":"","text":"TIDAL - Terms & Conditions of Use\nEffective as of 25 May 2018\nBy visiting, accessing, or using TIDAL, you signify that you have the right, authority and\ncapacity to enter into this Agreement, that you have read and understand this Agreement,\nand that YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS\nAGREEMENT, INCLUDING AUTO-RENEWALS OF YOUR SUBSCRIPTION AND\nPROVISIONS REGARDING Governing law. PLEASE READ THESE TERMS CAREFULLY. IF\nYOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.\n1 I\nd\ni\nIntroduction\n1.\nPrerequisites for access to the service\n2.\nPurchase, price information, payment terms, right of cancellation and refund policy\n3.\nSpecial offers\n4.\nRestrictions applicable to the use of the service\n5.\nApplication license\n6.\nThird party applications\n7.\nContent restrictions\n8.\nUser content\n9.\nProhibited content / activity\n10.\nSubmissions\n11.\nNotice and procedures for making claims of copyright or intellectual property\ninfringement\n12.\nPrivacy Policy\n13.\nThe rights of TIDAL\n14.\nNo warranty / Limitation of liability\n15.\nIndemnification\n16.\nTermination\n17.\nGoverning law\n18.\nMiscellaneous\n19.\n\n1. Introduction\nThis document (the “Terms”) together with the applicable Privacy Policy (collectively the\n“Agreement”) sets out the terms and conditions governing visits, access and use of the\nmusic service TIDAL by the end user (“you”). The term “you” includes additional registered\nusers whenever permitted under the applicable subscription, visitors, and others who\naccess or use any of the Services.\nThe “Services” means the music service branded ‘TIDAL’, mobile and device applications\nand all services provided by TIDAL, TIDAL’s affiliated entities or TIDAL’s vendors, or other\nthird parties with whom TIDAL contracts to provide the Services that are inherently related\nto the music service branded ‘TIDAL’. These may include, but are not limited to websites\nand applications for desktops, tablets and mobile handsets, set-top boxes and stereo\nequipment. The Services may also include your ability to edit certain Service Content (as\nthat term is defined in Section 8, below) that is specifically cleared for such use (the\n“Editable Content”) and User content (as that term is defined in Section 9, below), and\nsave such edited Editable Content and User content to your own playlist without the\nability to share or otherwise reproduce, distribute, publicly perform, or publicly display\nsuch edited Editable Content and User content (the “Edit Functionality”). Each instance of\nedited Editable Content or edited User content shall be deemed a “Remix” hereunder.\nThe Services are provided by Aspiro AB (“TIDAL,” “we” “us” and/or “our”). You may contact\nus at: TIDAL – Customer Support, 1411 Broadway, New York, NY 10018, or by email at\[email protected].\nThe current Agreement will appear on our website with the effective date that the Terms\nand/or Privacy Policy were updated. TIDAL may, in its discretion, make changes to the\nAgreement. When we make material changes to the Agreement, we’ll provide you with\nprominent notice as appropriate under the circumstances, e.g., by sending you an email.\nYour continued use of the Services after the changes have been made will constitute your\nacceptance of the changes. Please therefore make sure you read any such notice carefully.\nIf you do not wish to continue using the Services under the new version of the Agreement,\nyou may terminate the Agreement by contacting us at [email protected].\n2. Prerequisites for access to the service\nYou need access to the internet in order to use the Services, and any cost for accessing\nthe internet shall be your responsibility. This also applies when using the Service via\nmobile phone, tablet, or other personal device capable of internet connection. If you use\nthe Services via mobile telephone you should familiarize yourself with applicable data\ntransfer costs for your mobile carrier plan. TIDAL does not have any responsibility or\nliability for data transfer costs you may incur when using the Services. We cannot\n\nty\ny\ny\ng\nguarantee that the Services will work with all devices. Please visit\nhttps://support.tidal.com/hc/en-us/articles/115005872445-System-Requirements for\nmore information about our compatibility specifications.\nIt is your responsibility to ensure that you are able to comply with the relevant system\nrequirements described above. TIDAL accepts no responsibility for any lack of\nfunctionality that is due to your equipment (including your device, internet connection,\noperating system or settings and software). Access to parts or all of the Services may be\nrestricted from time to time to allow for repairs, maintenance or updating.\nYou may not use the Services in any way that is fraudulent or illegal or is expressly\nprohibited by these Terms. By using the Services, you confirm to us that you accept these\nTerms and that: (a) you are 18 years of age or over; or (b) you are between the age of 13\nand 17, and have express permission from your parent or guardian to use the Services. If\nyou are under age 13, you are not permitted to use the Services or to submit any\npersonally identifiable information to TIDAL. If you reside in a country where the minimum\nage to use the Services or to submit any personally identifiable information to TIDAL is\ngreater than 13, such age limitation shall apply and you are not authorized to engage in\nthe foregoing unless you meet such age limitation in accordance with your country’s own\nlaws. If TIDAL reasonably believes that you have not told us your true age, we may\nsuspend your use of the Services until you have provided us with acceptable proof of age.\nIf you are a parent or guardian and believe TIDAL may have inadvertently collected\npersonal information from your child, please notify TIDAL immediately by sending an\nemail to Tidal – Customer Support at [email protected] detailing the basis of your belief\nand your request.\nThe Service requires you to register and create accounts for validation. You agree to: (a)\nprovide accurate, current and complete information as prompted by any registration\nforms on the Services; (b) maintain and promptly update such information and any other\ninformation provided to TIDAL, to keep it accurate, current and complete; (c) maintain the\nsecurity of your password and identification; and (d) be fully responsible for all use of your\naccount and for any actions that take place using your account.\nTIDAL reserves the right to suspend or remove your account or prohibit your use of the\nServices, without responsibility or liability to you, if we reasonably believe there may have\nbeen a breach of security on your account or if activities occur on your account that we\nreasonably believe seriously breach the Agreement.\n3. Purchase, price information, payment terms, right of\ncancellation and refund policy\n\nIn order take out a subscription to the Services or to make any purchase in connection\nwith the Services, you must (a) have reached the age of 18 years or (b) be between the age\nof 13 and 17, and have express permission from your parent or guardian to use the\nServices.\n(a) Subscription. Certain aspects of the Services provided by TIDAL, third parties, or both\nmay require you to purchase a subscription for a period of time as specified during sign-\nup (collectively a “Subscription”). Your Subscription, which may start with a thirty (30) day\nfree trial period, will automatically renew on a monthly or annual basis (as specified during\nyour sign-up) unless you cancel your Subscription as provided in Sections 3(e) and 3(g), or\nwe terminate your Subscription as provided in Section 18.\n(b) Bundles. TIDAL may contract with a third party telecommunication provider to provide\nthe Services to you through a bundle package together with other services provided by\nsuch third party provider. The payment terms for such bundle package, as well as other\nterms and conditions governing your use of the bundle package, may differ from the\nterms set out in this Agreement. You are responsible for reviewing such bundle terms or\nany other terms governing your use of the services provided by your telecommunication\nprovider before agreeing to any bundle package and accessing the Service via such\nbundle package. If you have purchased a bundle package, payment will be taken from you\nby your telecommunication provider. Should you wish to cancel or terminate your\nsubscription via such bundle package or obtain any further information in respect of\npayment methods, billing cycles, automatic renewals or refunds you must contact your\nprovider. Other than this sub-section (b), Section 3 of this Agreement does not apply to\nyou if you have purchased the Services as part of a bundle package from your\ntelecommunication provider or any other third party.\n(c) Promotion/Trials. TIDAL, vendors, or other third parties with whom we contract to\nprovide the Services may offer special promotions/trials with differing conditions and\nlimitations which may be subject to different terms from these Terms. Any additional\nterms to these Terms will be disclosed at sign-up or in other communications made\navailable to you prior to sign-up. You are responsible for reviewing any additional terms\ngoverning your use of such special promotions or trials before accessing any special\npromotions or trials. At the end of the free or promotional trial period, your subscription\nwill automatically renew for further rolling subscription periods of such duration as set out\nin the product details when you signed up for the trial or promotion and you will start to\npay for the subscription. To avoid any charges, you must cancel before the end of the free\ntrial. You are entitled to only one free trial per lifetime. Any attempt to utilize more than one\nfree trial is an unauthorized use of the Services and/or Service Content and amounts to a\nbreach of the Agreement. If TIDAL determines, in its absolute discretion, that you have\nutilized more than one free trial, TIDAL reserves the right to terminate your access to the\nServices, Service Content, and/or the Agreement.\n\n(d) Shopping in the store. It is not necessary to buy a Subscription to make a purchase at\nthe TIDAL Store. To make a store purchase, you'll be prompted to sign in to your account.\nIf you do not have an account, create a free account and choose a username and\npassword. Upon completion of the Store purchase, the purchased music or album will\nappear in your account for download. You can download store purchases on one device.\nOnce downloaded, your in-store purchase will no longer be available in your account. All\nshopping in the store is final. You are responsible for backing up each purchase in the\nTIDAL Store\n(e) Payment Methods. In connection with any and all Subscriptions that you select to\npurchase you must provide TIDAL with a current, valid, accepted method of payment,\nwhich may change from time to time (\"Payment Method\"). All Subscription purchases are\nsubject to this Agreement and any additional terms and conditions, including any fees,\nimposed by your financial services provider and/or mobile carrier, as applicable. You are\nsolely responsible for reviewing the terms of use, Privacy Policy or any other terms\ngoverning your use of the services provided by your financial services provider and/or\nmobile carrier. By providing a Payment Method in connection with any Subscription, you\nhereby authorize TIDAL to debit the total cost of said Subscription and agree to be\nresponsible for any foreign transaction charges associated with your Subscription\npurchase. Should charges for which you are responsible fail at the time payment is\nrequired, you may be responsible for costs associated with TIDAL’s efforts to collect\namounts due in accordance with applicable laws. You confirm and promise to us that all\ninformation you provide in connection with the purchase of a Subscription is true, accurate\nand complete. The duration and cost of Subscriptions are set by TIDAL in its sole\ndiscretion. When you purchase a Subscription, you will initially be charged at the rate\napplicable at the time of your initial agreement to subscribe. If the price of the\nSubscription increases later, we will provide you with written notice before the end of the\nbilling period in which the change is made. If you do not accept the change to your\nSubscription, you will be entitled to terminate this Agreement.\n(f) Billing Cycle. As indicated during sign-up, the fee for certain Subscriptions must be\npaid in a single upfront payment while other Subscriptions may allow payment on an\ninstallment basis. If the Subscription fee is paid in a single upfront payment, the total\nSubscription fee is due and payable to TIDAL immediately upon sale and your Payment\nMethod will be automatically billed at that time. If the Subscription fee is paid on an\ninstallment basis, your Payment Method will automatically be billed at the beginning of\neach installment period as specified during sign-up.\n(g) Automatic Renewal. In order to provide continuous service, you agree that TIDAL will\nautomatically renew a Subscription on or about the date the Subscription expires. Such\nrenewal will be for the same duration of the original subscription term and will be billed at\nthe non-discounted rate for the Subscription as of the date of your enrollment and\naccording to your original billing cycle method (i.e. either as a single upfront payment or\n\naccording to your original billing cycle method (i.e. either as a single upfront payment or\nan installment basis). By enrolling in a Subscription, you agree that your Subscription will\nbe subject to the above-described automatic renewals unless you cancel your\nSubscription in accordance with the terms of this Agreement. You also agree that the\namount billed may be different if your original Subscription was purchased using a\npromotional/trial offer and you authorize TIDAL to charge your Payment Method for such\nvarying amounts as indicated at the time of sign-up. You agree that you are responsible for\nother charges, including any foreign transaction charges, that may be imposed by credit\ncard providers, payment processors or other third parties in connection with your use of\nthe Subscription. Your Subscription will remain in effect and continue to renew\nautomatically until it is cancelled.\nIF YOUR ACCOUNT IS MANAGED THROUGH TIDAL (AND NOT THROUGH A THIRD\nPARTY) AND YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, you\nmay do so by visiting your account settings page (https://tidal.com/account), going to the\nsection called “Subscription” and clicking on “Cancel my subscription”. TIDAL will make\nreasonable efforts to process cancellation requests within two business days from the\nreceipt of the cancellation request. All other cancellations are required to be made directly\nthrough the third party that manages your TIDAL Subscription.\n(h) Refund Policy. We will not refund any fees paid to us, including any advance charge(s)\nor payment(s) for any subscription term for the Services, unless otherwise required by law\nor the terms of this Agreement.\n(i) Charge Backs. If you dispute Subscription charges with your credit card company or\nfinancial institution, and TIDAL’s investigation determines the charges were valid, we may,\non reasonable written notice to you, charge to your TIDAL account the reasonable\nrequired cost of responding to your charge back request. TIDAL’s Privacy Policy details\nwhat information TIDAL may share with your financial institution as part of the\ninvestigation into disputed Subscription charges.\n(j) Statutory Right to Cancel.\nIf you are a consumer resident in the European Union, then you may also have the right to\ncancel your Subscription without giving any reason, and ask for a refund within 14\n(fourteen) days of purchasing such Subscription. However, as explained below, this right is\nlost as soon as you download, stream, access or use any of the Service Content, or use\nany of the Services.\nTo cancel your Subscription in accordance with this section, you must inform us of your\ndecision to cancel. You can contact us by sending an e-mail to [email protected]. Please\nmake sure that you include the details of your subscription purchase so that we can\nidentify it.\n\nIf you validly cancel your purchase in accordance with this section, we will refund the price\nyou paid for your Subscription (if any). We will make the reimbursement without undue\ndelay, and not later than 14 days after the day on which we are informed about your\ndecision to cancel the Subscription.\nWe will make the reimbursement using the same means of payment as you used for the\ninitial transaction, unless you have expressly agreed otherwise; in any event, you will not\nincur any fees as a result of the reimbursement.\nIf you purchase a Subscription, you expressly accept that we start providing you the\nServices within your 14-day withdrawal period. You acknowledge that by receiving or\naccessing the Services during this period, you will lose your statutory right to cancel the\npurchase.\nThese rights of withdrawal do not affect your legal rights.\n4. Special offers\nIf you have received or purchased access to the Services as part of a special offer,\ncampaign or a partner deal (a “Special Offer”), then the terms presented as part of such\nSpecial Offer are a part of this Agreement. Special offers will, unless otherwise specified,\nonly be valid for customers in the country (and state(s)) where it is issued.\n5. Restrictions applicable to the use of the service\nThe Services shall be for private use only and use of the Services in commercial or public\nsettings is not permitted.\nThe Services shall not be used in any manner that may breach the restrictions applicable\nto the utilization of the Service Content (as defined in Section 8, below). These include, but\nare not limited to, prohibitions against: (i) any form of technical intervention in the Services\nfor purposes of using the Services in any manner other than that intended and permitted\nunder the Agreement; (ii) copying and/or making public any Service Content; (iii)\nassigning any username or password to anyone else; (iv) circumventing any technical\nmechanisms within the Services that have been established to protect Service Content\nfrom reproduction/distribution; (v) using the Services in violation of applicable law; and (vi)\nfailing to respect applicable geographic/territorial restrictions.\nThe Services may include components that make use of temporary storage of certain\nService Content on the various platforms (also called “offline mode”). You have access to\nthis Service Content for as long as you have a valid Subscription. You are not permitted to\n\ngain access to such Service Content via other mechanisms than those available via the\nServices. Such Service Content shall not be copied and/or made available outside the\nServices.\n6. Application license\nBy “Application” we mean an application or other technical interface provided by TIDAL\nthat is used to access the Services. Subject to the terms of this Agreement, TIDAL hereby\ngrants you a personal, non-exclusive, non-transferable, limited and revocable license to\ndownload, run and use the Application for personal use on relevant devices owned or\ncontrolled by you. Such license also applies to updates and upgrades that replace or\nsupplement the Services in any respect and which are not distributed with a separate\nlicense and related documentation. The Application is licensed, not sold, to you, and\nTIDAL retains ownership of all copies of the Application even after installation on your\ndevices. TIDAL may transfer its rights and obligations, or sub-contract or sub-license its\nobligations, under this Agreement to another legal entity, provided your legal and\nconsumer rights are not prejudiced. You may not may transfer your rights and obligations,\nor sub-contract or sub-license your obligations, under this Agreement to another legal\nentity.\n7. Third party applications\nThe Services provides a platform for Third party applications, websites, platforms and\nservices to make available products and services to you (“Third party applications”), and\nyour use of these Third party applications is subject to their respective terms of use and\nprivacy policies. You should contact the administrator or webmaster for those Third Party\nApplication if you have any concerns regarding such Third Party Application or any\ncontent located on such Third Party Application. You understand and agree that TIDAL is\nnot responsible or liable for the behavior, features, or content of any Third Party\nApplication and does not make any representations regarding the behavior, features,\ncontent or accuracy of materials on any Third Party Application. You should take\nprecautions when downloading files from all Third party applications and websites to\nprotect your computer / device from viruses and other destructive programs. If you decide\nto access linked Third party applications, you do so at your own risk.\n8. Content restrictions\nThe Services contain content, such as sound recordings, audiovisual works, other video or\naudio works, clips, images, graphics, text, software, works of authorship, files, documents,\n\napplications, artwork, trademarks, trade names, metadata, album titles, sound recording\ntitles, artist names, intellectual property, or materials relating thereto or any other\nmaterials, and their selection, coordination and arrangement (collectively, the “Service\nContent”). The Service Content is the property of TIDAL and/or third parties and is\nprotected by copyright. The Service Content is made available to you only for your\npersonal use as expressly permitted under these Terms.\nYou are prohibited from using the Service Content as follows:\nExcept as permitted under the Terms, all copying, distribution or other use of the\nService Content is prohibited without the prior written consent of the Service Content\nrights holders.\nYou have no right to engage in the commercial use, sale, resale, assignment, license,\nmodification, making of copies or derivative versions, display, distribution or\npromotion of the Service Content; provided that to the extent expressly permitted by\nTIDAL, you may make derivative versions of the Editable Content for use solely in\nconnection with the Edit Functionality.\nYou have no right to play or perform any of the Service Content in public.\nThe use or posting of the Service Content on any other website, application or\notherwise, or sharing of the Service Content in a networked computer environment, for\nany purpose is expressly prohibited.\nYou shall only use the Service Content on platforms which are at your disposal for your\npersonal use as provided herein and pursuant to your Subscription terms, and which\nsupport the Services’ technical protection system. You shall not circumvent or try to\ncircumvent the Services’ technical protection system.\nThe Service Content is, with few exceptions such as content labeled “created by TIDAL,”\nautomatically uploaded to the platform by third parties such as record labels or their\ndistributors. TIDAL does not review the Service Content supplied by third parties. The fact\nthat Service Content supplied by third parties is available on the platform therefore does\nnot imply any endorsement or approval by TIDAL. You understand that TIDAL is not\nresponsible for features or the specific content of any Service Content supplied by third\nparties.\nUnauthorized use of the Services may also constitute a violation of applicable laws or\nregulations. If TIDAL, in its reasonable discretion, thinks you have breached the Terms, or\nhas reasonable grounds to believe that you are likely to breach these Terms, we may take\nany action we think is necessary to protect the Services and the Service Content. We may:\n(a) restrict, suspend, or (in the case of serious breaches) terminate your right to use the\nServices; (b) remove your User content (as defined below) from the Services; (c)\ninvestigate and take legal proceedings against you; or (d) disclose any information to law\nenforcement authorities we think is necessary or as required by law. These actions are not\n\ne\no ce\ne\nau\no\nes\ne\ns\necessa y o as equ ed by a .\nese ac o s a e\no\nlimited and we may take any other action we reasonably deem appropriate.\nWe are the owner of the TIDAL trademark (the “Trademark”). Nothing in this Agreement or\non the Services should be construed as granting, by implication, estoppel, or otherwise,\nany license or right to use the Trademark, without TIDAL’s prior written permission specific\nfor each such use. Use of the Trademark as part of a link to or from any site is prohibited\nunless establishment of such a link is approved in advance by TIDAL in writing. All\ngoodwill generated from the use of the Trademark inures to TIDAL’s benefit.\nElements of the Services including Service Content are protected by copyright, trade\ndress, trademark, unfair competition, or other state, federal and foreign laws, and the\nServices may not be copied or imitated in whole or in part, by any means, including but\nnot limited to the use of framing or mirrors. None of the Service Content may be\nretransmitted without TIDAL’s and/or the appropriate third party’s express written consent\nin each and every instance.\n9. User content\nTo the extent allowed by the Services, any musical works (sound recordings and\nunderlying musical compositions), audiovisual works (including but not limited to MTV\nstyle premium music videos, clips and so called “behind the scenes” audiovisual content),\nother video or audio works, images, graphics, text, works of authorship, files, documents,\napplications, artwork, trademarks, trade names, metadata, album titles, sound recording\ntitles, artist names, intellectual property, or materials relating thereto or any other\nmaterials that you submit to the Service (“User content”) are generated, owned and\ncontrolled solely by you and/or your licensees. We do not claim any intellectual property\nownership rights in any User content. After directly sending (“submitting”) your User\ncontent to the Services, you continue to retain any intellectual property ownership rights\nthat you may have in your User content, subject to the license below. By submitting any\nUser content on or through the Services, you grant to TIDAL the right to (and to permit\nTIDAL’s subcontractors to) store, display, stream, reproduce, promote, publicly perform,\ncreate and use derivative works of, distribute and otherwise exploit the User content on or\nthrough the Services via any and all devices known or devised in the future. For the\navoidance of doubt, to the extent you use the Edit Functionality to create a Remix, you\nacknowledge and agree that you own no right, title or interest therein and that any such\nRemix shall not be considered your User content hereunder.\n(a) The rights you grant to TIDAL are non-exclusive (meaning you are free to permit others\nto use your User content), fully-paid and royalty-free (meaning that we are not required to\npay you for the use on the Services of the User content that you post), sublicensable (so\nthat we are able to use our affiliates, subcontractors and other vendors such as internet\ncontent delivery networks and wireless carriers to provide the services related to the\n\ny\np\nServices), perpetual (forever) and worldwide.\n(b) You confirm and promise to us that the User content submitted by you on or through\nthe Services: (i) is owned by you or you otherwise have the right to grant the rights granted\nabove; (ii) does not infringe the rights of any third party, including any intellectual property\nrights, rights of confidential information or rights in privacy; (iii) does not imply any\naffiliation, endorsement, approval or cooperation by TIDAL or any artist, band, label, entity\nor individual without express written consent from such individual or entity; and (iv) shall\ncomply with all applicable laws and these Terms. You agree to pay for all royalties, fees,\nand any other monies owing any person or entity by reason of any User content submitted\nby you on or through the Services.\n(c) The Services perform technical functions necessary to offer the services on the\nServices, including but not limited to transcoding and/or reformatting User content to\nallow its use throughout the Services.\n(d) We may reject, refuse to post or delete any User content for any or no reason,\nincluding User content that we consider breaches this Agreement or which may be\noffensive, illegal or breach the rights of any third party, or harm or threaten the safety of\nany third party. We are under no obligation to you or any other person to oversee, monitor\nor moderate User content. We may at our option, moderate and review User content to\nensure that it complies with these Terms. If we do opt to monitor the Services, we assume\nno responsibility or liability to you for any User content available on the Services.\n(e) The rights granted in this section are granted separately with respect to each item of\nthe User content that you submit to the Services.\n(f) You are responsible for the User content that you submit to the Services. You must not\nupload, share or otherwise exploit any content to which you do not hold the necessary\nrights. In particular, any unauthorized use of copyright protected material within the User\ncontent may constitute an infringement of third party rights and is strictly prohibited. Any\nsuch infringements and may also result in civil litigation or criminal prosecution by or on\nbehalf of the relevant rights holder.\n10. Prohibited content / activity\nYou must not upload or share any User content which, in TIDAL’s reasonable opinion:\nIs patently offensive or promotes racism, bigotry, hatred or physical harm of any kind\nagainst any group or individual;\nHarasses or advocates harassment of another person;\nE\nl i\nl\ni\nl\ni l\n\nExploits people in a sexual or violent manner;\nContains nudity, excessive violence, or offensive subject matter or contains a link to an\nadult website;\nSolicits personal information;\nContains information that poses or creates a privacy or security risk to any person;\nConstitutes or promotes information that you know is false or misleading or promotes\nillegal activities or conduct that is abusive, threatening, obscene, defamatory or\nlibelous;\nConstitutes or promotes an illegal or unauthorized copy of another person's\ncopyrighted work, such as providing pirated computer programs or links to them,\nproviding information to circumvent manufacturer-installed copy-protect devices, or\nproviding pirated music or links to pirated music files;\nInvolves the transmission of \"junk mail,\" \"chain letters,\" or unsolicited mass mailing,\ninstant messaging, \"spimming,\" or \"spamming\";\nContains restricted or password-only access pages or hidden pages or images (those\nnot linked to or from another accessible page);\nFurthers or promotes any criminal activity or enterprise or provides instructional\ninformation about illegal activities including, but not limited to making or buying illegal\nweapons, violating someone's privacy, or providing or creating computer viruses;\nSolicits passwords or personal identifying information for commercial or unlawful\npurposes from other users;\nInvolves any form of user tracking, commercial activities and/or sales without prior\nwritten consent from TIDAL such as contests, sweepstakes, barter, advertising, or\npyramid schemes; or\nBreaches the privacy rights, publicity rights, copyrights, trademark rights, contract\nrights or any other rights of any person.\nYou further agree not to undertake any of the following activities on the Services:\nCriminal or tortious activity, including child pornography, fraud, trafficking in obscene\nmaterial, drug dealing, gambling, harassment, stalking, spamming, spimming,\nsending of viruses or other harmful files, copyright infringement, patent infringement,\nor theft of trade secrets;\nAdvertising to, or solicitation of, any user, without the written consent of TIDAL to buy\nor sell any products or services through the unauthorized or impermissible use of the\nServices;\nCircumventing or modifying, attempting to circumvent or modify, or encouraging or\nassisting any other person in circumventing or modifying any security technology or\nsoftware that is part of the Services;\nActivity that involves the use of viruses, bots, worms, or any other computer code, files\nor programs that interrupt, destroy or limit the functionality of any computer software\n\nor programs that interrupt, destroy or limit the functionality of any computer software\nor hardware, or otherwise permit the unauthorized use of or access to a computer or a\ncomputer network;\nCovering or obscuring the banner advertisements on any page on the Services via\nHTML/CSS or any other means;\nAny automated use of the system, such as, but not limited to, using scripts to submit\ninformation or send comments or messages;\nInterfering with, disrupting, or creating an undue burden on the Services or the\nnetworks or services connected to the Services;\nImpersonating or attempting to impersonate another user, person or entity;\nUsing the account, username, or password of another user at any time or disclosing\nyour password to any third party or permitting any third party to access your account;\nSelling or otherwise transferring your account;\nUsing any information obtained from the Services in order to harass, abuse, or harm\nanother person or entity, or attempting to do the same;\nAccepting payment or anything of value from a third person in exchange for your\nperforming any commercial activity through the unauthorized or impermissible use of\nthe Services on behalf of that person; or\nUsing the Services in a manner inconsistent with any and all applicable laws and\nregulations.\nYou agree that any breach of the provisions of this Section 10 will be considered a serious\nbreach of the Agreement.\n11. Submissions\nWe have provided our contact information and email links on the Services because we\nwould like to hear from you. However, we do not want you to, and you should not, send\nTIDAL any documents or other materials that contain confidential or proprietary\ninformation. You grant TIDAL an unrestricted, irrevocable, royalty-free license to copy,\ndistribute, and modify any such documents or other materials that you send TIDAL, and to\nuse for any purpose any ideas, trade secrets, know-how or other confidential or\nproprietary information disclosed in those documents or other materials, and that all of\nthe representations and promises you make pursuant to this Agreement with respect to\nUser content apply equally with respect to any other documents or materials that you\nsend to TIDAL that do not constitute User content.\n12. Notice and procedures for making claims of\ncopyright or intellectual property infringement\n\nWe may disable and/or terminate use of the Services by users who infringe the intellectual\nproperty rights of others. We also have a policy of responding to notices of alleged\ninfringement that complies with the U.S. Digital Millennium Copyright Act (“DMCA”) which\nmay include removing material, including Service Content and/or User content, claimed to\nbe the subject of infringing activity. If we remove material to comply with the DMCA\n(“Removed Content”), we will attempt to contact the provider of such Removed Content to\nenable them to make a counter notification pursuant to the DMCA. We will terminate the\naccounts of any users and/or block access to the Services by any users who repeatedly\ninfringe the copyrights of others.\nIf you believe that your work has been copied in a way that constitutes copyright\ninfringement, or that your intellectual property or privacy rights have been otherwise\nbreached, please provide TIDAL with a notice containing the following information:\nAn electronic or physical signature of the person authorized to act on behalf of the\nowner of the copyright or other intellectual property interest;\nA detailed description of the copyrighted work or other intellectual property that you\nclaim has been infringed;\nA detailed description of where the material that you claim is infringing is located on\nthe website (providing URL(s) in the body of an email is the best way to help TIDAL\nlocate content quickly);\nYour name, address, telephone number, and email address;\nA statement by you that you have a good faith belief that the disputed use is not\nauthorized by the copyright owner, its agent, or the law;\nA statement by you, made under penalty of perjury, that the above information in your\nnotice is accurate and that you are the copyright or other intellectual property right\nowner or authorized to act on the copyright or intellectual property right owner’s\nbehalf; and\nYour signature.\nSend your notice to TIDAL Copyright Department, Aspiro AB, 1411 Broadway, New York,\nNY 10018 or by email to [email protected]. Please note that you may be liable for\ndamages (including costs and attorneys’ fees) if you materially misrepresent that any\nmaterial is infringing your copyrights or other intellectual property or privacy rights.\nThe provider of Removed Content may make a counter notification pursuant to Sections\n512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate\nthe Removed Content. To submit a counter notification, you must provide TIDAL with a\nwritten notice that includes each of the following items:\na detailed identification of the material the TIDAL has removed;\n\nyour name, address, telephone number, e-mail address, and a statement that you\nconsent to the jurisdiction of Federal District Court for the judicial district in which your\naddress is located (or New York, New York if your address is outside of the United\nStates), and that you will accept service of process from the person who provided\nnotification under subsection (c)(1)(C) or an agent of such person;\nthe statement: \"I swear, under penalty of perjury, that I have a good faith belief that\neach search result or message identified above was removed or disabled as a result of\na mistake or misidentification of the material to be removed or disabled.\"; and\nyour signature.\nThe counter notification can be sent to TIDAL Copyright Department, Aspiro AB, 1411\nBroadway, New York, NY 10018 or by email to [email protected]. Please note that you\nmay be liable for damages (including costs and attorneys’ fees) if you materially\nmisrepresent that a product or activity is not infringing the copyrights of others.\nIf you are the owner of any intellectual property other than copyrighted materials (such as,\nfor example, a trademark), or an agent thereof, and believe that any item of content or\nother materials on the Services infringes upon your rights in such intellectually property,\nyou must submit a notification to us in the same manner as provided above in respect of\nnotice of alleged copyright infringement, including providing the same information in\nwriting to the designated address set forth above.\nDISCLAIMER: WE ARE NOT YOUR LEGAL ADVISERS, AND THE INFORMATION WE\nPRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR\nINFORMATIONAL PURPOSES ONLY, AND AS REQUIRED BY LAW.\n13. Privacy Policy\nTIDAL’s Privacy Policy forms part of this Agreement and is incorporated herein by\nreference.\nAny questions, complaints or claims regarding the Services can be directed to:\[email protected].\n14. The rights of TIDAL\nIf you fail to make payment or materially breach any provision of the Agreement, and such\nbreach is not caused by circumstances on the part of TIDAL, TIDAL may, taking the interest\nof the user in account, deny further access to the Services.\nY\nth t TIDAL\nd S\ni\nl t d i f\nti\nt\ni\nth\nf\nf\n\nYou are aware that TIDAL may send Services-related information to you in the form of\nemails and, where you have made your mobile number available and provided consent,\nby text messages, as detailed further in the Privacy Policy.\n15. No warranty / Limitation of liability\nNOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY WARRANTIES THAT MAY\nNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT PERMITTED\nBY LAW, HOWEVER, WE EXCLUDE ALL OTHER CONDITIONS, WARRANTIES,\nREPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES OR ANY\nCONTENT ON THE SERVICES, WHETHER EXPRESS OR IMPLIED. IN PARTICULAR, WE\nDISCLAIM ALL WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR\nPURPOSE OR NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY LOSS OR\nDAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER\nTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER\nEQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE\nTO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON\nIT, OR ON ANY WEBSITE LINKED TO IT. WE WILL NOT BE LIABLE TO YOU FOR ANY LACK\nOF PERFORMANCE, OR THE UNAVAILABILITY OR FAILURE OF THE SERVICES, OR FOR\nANY FAILURE BY US TO COMPLY WITH THESE TERMS, WHERE SUCH LACK,\nUNAVAILABILITY OR FAILURE ARISES FROM ANY CAUSE REASONABLY BEYOND OUR\nCONTROL.\nANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO THE\nPURCHASE PRICE YOU PAID AND WE ARE NOT RESPONSIBLE FOR ANY LOSS OR\nDAMAGE THAT IS NOT FORESEEABLE AT THE TIME WHEN YOU BEGIN USING THE\nSERVICE.\nWE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON THE\nSERVICES. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF\nTHOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT\nMAY ARISE FROM YOUR USE OF THEM.\nTHIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. NOTHING IN\nTHESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR: (I) DEATH OR PERSONAL\nINJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III)\nANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.\n16. Indemnification\nTo the fullest extent permitted by applicable law, you agree to defend, indemnify, and\nhold TIDAL and its affiliated entities, and each of their present, former and future parents,\npredecessors, successors, assignees, subsidiaries, owners, officers and directors\n(whether acting in such capacity or individually), agents and attorneys harmless from and\n\nagainst any claims, actions or demands, including, without limitation, reasonable legal\nand accounting fees, arising from, relating to or resulting from (a) your breach or alleged\nbreach of the Agreement; (b) your unauthorized access to, use or misuse of the Service\nContent or the Services; (c) any breach of your representations and promises set forth\nherein, or (d) your violation of any law or the rights of a third party. We shall provide notice\nto you of any such claim, suit, or proceeding and shall assist you, at your expense, in\ndefending any such claim, suit or proceeding. We reserve the right to assume the\nexclusive defense and control of any matter that is subject to Indemnification under this\nsection. In such case, you agree to cooperate with any reasonable requests assisting our\ndefense of such matter.\n17. Termination\nWe may terminate this Agreement and close your account, or suspend your access to the\nServices, at any time without notice and without responsibility or liability to you, in the\nevent of your actual or suspected unauthorized use or misuse of the Services and/or\nService Content, or serious breach of the Agreement. In that event, we will refund to you a\npro-rata share of your Subscription charge (if any) to account for the period you will not be\nable to access the Services.\nWe may terminate this Agreement and close your account at any time on reasonable\nnotice to you if we cease to provide the Services.\n18. Governing law\nThese Terms are governed by, and construed in accordance with, the laws of the State of\nNew York without giving effect to principles of conflicts of law and the courts of England\nand Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or\ndisagreements relating to these Terms.\n19. Miscellaneous\nThere is no agency, partnership, joint venture, employee-employer or franchisor-\nfranchisee relationship between you and TIDAL or between TIDAL and any other user of\nthe Services. If any provision of this Agreement is found to be invalid by any court having\ncompetent jurisdiction, the invalidity of such provision shall not affect the validity of any\nother provision of the Agreement, which shall remain in full force and effect unless such\ndeletion materially frustrates the intent of the parties, in which case this Agreement will\nterminate. Our failure to act on or enforce any provision of this Agreement shall not be\nconstrued as a waiver of that provision or any other provision in this Agreement. No waiver\n\nRozpocznij\nDarmowy okres próbny\nPobierz TIDAL\nCeny i pakiety\nImport playlisty\nObsługiwane urządzenia\nPomoc\nOdkryj TIDAL\nO TIDAL\nOdkrywaj aplikację\nDla muzyki\nDla artystów\nshall be effective against TIDAL unless made in writing, and no such waiver shall be\nconstrued as a waiver in any other or subsequent instance. This Agreement is not\nintended to, and does not, give any person who is not a party to it any right to enforce any\nof its provisions.\nTIDAL intends to rely on this Agreement, including the applicable Privacy Policy, and any\nnotices regarding the Services sent to you or posted on the Services. If you require any\nchanges to the Agreement, such changes must be expressly agreed to by you and TIDAL\nin writing. This will help avoid any problems about what you expect from TIDAL and what\nTIDAL expects from you.\nThe section headings are provided merely for convenience and shall not be given any\nlegal import. This Agreement will inure to the benefit of our successors, assigns,\nlicensees, and sublicensees.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"AliExpress","url":"https://rule.alibaba.com/rule/detail/2041.htm","lang":"ENG","sector":"Shopping","hq":"China","hq_category":"Other","is_public":"Public","is_paid":"Optionally paid","date":"30.04.2021"},"document":{"title":"","text":"Terms of Use\nPart A: New version - effective as of April 30, 2021\n \nPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!\n \nWelcome to www.alibaba.com and www.aliexpress.com! These Terms of Use describe the terms and conditions applicable\nto your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made\navailable by Alibaba.com (defined below) from time to time which relate to (a) the Alibaba e-commerce platform including\nbut not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator\n“www.alibaba.com” and the mobile applications of the Alibaba.com e-commerce platform (the “Alibaba Sites”); and (b) the\nAliExpress e-commerce platform including but not limited to the web and mobile-optimized versions of the websites\nidentified by the uniform resource locators “www.aliexpress.com”, “www.aliexpress.ru” and “www.tmall.ru” (“AliExpress\nSites”), and the mobile applications of the AliExpress e-commerce platforms,(with Alibaba.com Sites and AliExpress Sites\ncollectively the “Sites”). This document is a legally binding agreement between you as the user(s) of the Sites (referred to as\n“you”, “your” or “User” hereinafter) and the Alibaba.com contracting entity determined in accordance with clause 2.1 below\n(referred to as “we”, “our” or “Alibaba.com” hereinafter).\n \nApplication and Acceptance of the Terms\n \n1.1 Your access to and use of the Sites and Alibaba.com’s services, software and products through the Sites, which shall\ninclude the platforms described in clause 7.1 of the Terms (such services, software and products collectively referred to as\nthe “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy\nPolicy (defined in clause 3.3 below), the Product Listing Policy and any other rules and policies of the Sites that\nAlibaba.com may publish from time to time. This document and such other rules and policies of the Sites are collectively\nreferred to below as the “Terms”. By accessing and use of the Sites and Services, you agree to accept and be bound by the\nTerms. Please do not access or use the Services or the Sites if you do not accept all of the Terms. \n\n \n1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a\nbinding contract with Alibaba.com, or (b) you are not permitted to receive any Services under the laws of Hong Kong or\nother countries/regions including the country/region in which you are resident or from which you access and use the Services\nand the Sites.\n \n1.3 Alibaba.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By\ncontinuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.\n\n \n1.4 If Alibaba.com has posted or provided a translation of the English language version of the Terms, you agree that the\ntranslation is provided for convenience only and that the English language version will govern your access to and use of the\nServices or the Sites.\n\n \n1.5 You may be required to enter into separate agreement(s), whether online or offline, with Alibaba.com or our affiliate for\nany Service (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency\nbetween the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in\nrelation to that Service (or feature within the Service) concerned. \n\n \n1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Alibaba.com. \n \n\nProvision of Services\n \n2.1 If you are a registered member of any of the Sites, and you are from mainland China, you are contracting with\nHangzhou Alibaba Advertising Co., Ltd.\n \nIf you are a registered member of any of the Sites, and you are from Hong Kong or Macau, the Alibaba.com contracting\nentity that you are contracting with is Alibaba.com Hong Kong Limited. \n \nIf you are a registered member of any of the Sites, and either (a) you are from a place outside mainland China, Hong Kong,\nMacau; or (b) you access and use the Alibaba Sites from any of the Relevant Jurisdictions, you are contracting with\nAlibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D).\n As some or part of the Services may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate\nsome of the Services to its affiliates.\n \nNotwithstanding anything to the contrary in the forgoing provisions in this clause 2.1, if you are a registered member of\nAliExpress, and you are resident in or access and use the AliExpress Sites from any of the Relevant Jurisdictions (the\n“AliExpress Relevant Jurisdiction User”), your contract is with AliExpress Russia Holding Private Limited (incorporated\nin Singapore with Company Reg. No. 201917627W). “Relevant Jurisdictions” shall mean the Russian Federation,\nAzerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan and Uzbekistan.\n \n2.2 You must register as a member on the Sites in order to access and use some Services. Further, Alibaba.com reserves the\nright, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying\nUsers, or subject to other conditions that Alibaba.com may impose in our discretion. \n \n2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation\nis given that a particular Service or feature or function thereof or the same type and extent of the Service or features and\nfunctions thereof will be available for Users. Alibaba.com may in our sole discretion limit, deny or create different levels of\naccess to and use of any Services (or any features within the Services) with respect to different Users.\n \n2.4 Alibaba.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within\nthe Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely\naffect the ability of such paying Users to enjoy that Service, except in respect of any AliExpress Relevant Jurisdiction Users.\nIn respect of any AliExpress Relevant Jurisdiction Users, AliExpress Russia Holding Private Limited may launch, change,\nupgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice\nexcept that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying\nUsers to enjoy that Service.\n \n2.5 Some Services (or part thereof) may be provided by Alibaba.com’s affiliates on behalf of Alibaba.com.\n \n2.6 Promotion Services provided by Alibaba.com pursuant to the terms hereunder shall include: 1) Top Ranking and\nSponsored Listing; 2) services that benefit, promote, support, whether directly or indirectly, the business of User, the User’s\nbrand, product, store, logo, trademark, service mark, User Content (as defined in clause 3.7 of the Terms) and/or derivative\nwork using the User Content on software, applications, tools, browser extensions and/or platforms operated and/or controlled\nby Alibaba.com (“Alibaba Channels”) and/or on software, applications, channels, platforms, websites and/or any other\nforms of media that are operated and/or controlled by third parties (“Third Party Channels”); and 3) any such other\nservices as may be announced by Alibaba.com from time to time.\n\nAlibaba.com shall be entitled to, at its sole discretion, determine whether the Promotion Services or any part thereof will be\navailable to you. \n \n3. Users Generally\n \n3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws\nand regulations when accessing or using the Sites or Services.\n \n3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any\ninformation, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the\nSites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the\npurposes of operating a business that competes with Alibaba.com, or otherwise commercially exploiting the Site Content.\nSystematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation,\ndatabase or directory (whether through robots, spiders, automatic devices or manual processes) without written permission\nfrom Alibaba.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the\nTerms is prohibited.\n \n3.3 You must read the following documents which govern the protection and use of personal information about Users in the\npossession of Alibaba.com and our affiliates:\na) for Users who access or use Sites relating to the Alibaba e-commerce platform, the Alibaba.com Privacy Policy, and\nb) for Users who access or use Sites relating to the AliExpress e-commerce platforms, the Aliexpress.com\nPrivacy Policy, Privacy Policy of www.aliexpress.ru or the “www.tmall.ru” (collectively, the “Privacy Policy”).\n3.4 Alibaba.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in\nthe form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned\nto read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that\nAlibaba.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible\nor liable to anyone for such web sites, or any content, products or services made available on or through such web sites.\n \n3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Alibaba.com\nand/or any other User nor to gain unauthorized access to such computer systems or networks.\n \n3.6 You agree not to undertake any action which may undermine the integrity of Alibaba.com’s feedback system, such as\nleaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated\nnegative feedback for another User.\n \n3.7 By posting or displaying any logos, trademarks, service marks, brands, description/information in the product listings,\nand any other information, content or material on the Sites (any of such information, content or material, collectively\nreferred to as“User Content”) or providing any User Content to Alibaba.com and/or its affiliates and their respective\nrepresentative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-\nfree, and sub-licensable (through multiple tiers) license to Alibaba.com and/or its affiliates and their respective\nrepresentative(s) to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative\nworks using the User Content, remove any part of it (including, without limitation, the watermark or mark the User Content\nbears), and otherwise use any or all of the User Content in any form, media, or technology now known or not currently\nknown in any manner, on the Sites, Alibaba Channels and/or Third Party Channels and for any purpose which may be\nbeneficial, whether directly or indirectly, to Alibaba.com, the operation of the Sites, the provision of any Services and\nPromotion Services and/or the business of the User. You confirm and warrant to Alibaba.com that you have all the rights,\npower and authority necessary to grant the above license and the User Content and use of such User Content (including\nderivative works) by Alibaba.com and/or its affiliates under such license is free from any infringement or violation of any\nThird Party Rights (as defined in clause 5.4 of the Terms). To the maximum extent permitted by law, you waive your right to\n\nenforce your Intellectual Property Rights in the User Content against Alibaba.com and/or its affiliates, assignees or sub-\nlicensees in connection with use of such User Content in connection with the Services. Information that is protected under\ndata protection laws will only be used and kept in compliance with those laws.\n \n4. Member Accounts\n \n4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member”\nbelow). Except with Alibaba.com’s approval, one User may only register one member account on the Sites. Alibaba.com\nmay cancel or terminate a User’s member account if Alibaba.com has reasons to suspect that the User has concurrently\nregistered or is in control of two or more member accounts. Further, Alibaba.com may reject User’s application for\nregistration for any reason.\n \n4.2 Upon registration on the Sites, Alibaba.com shall assign an account and issue a member ID and password (the latter shall\nbe chosen by a registered User during registration) to each registered User. An account may have a web-based email account\nwith limited storage space for the Member to send or receive emails.\n \n4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for\nmaintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur\nunder your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of\nyour Member account, ID or password by another person, even to other individuals within the Member’s own business entity\n(where applicable). Member agrees to notify Alibaba.com immediately if you become aware of any unauthorized use of your\npassword or your account or any other breach of security of your account.\n \n4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without\nlimitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing\nto or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have\nbeen authorized by the Member.\n \n4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your\nbusiness entity to use your account (collectively, \"multiple use\"), may cause irreparable harm to Alibaba.com or other Users\nof the Sites. Member shall indemnify Alibaba.com, our affiliates, directors, employees, agents and representatives against\nany loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account.\nMember also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your\naccount, Alibaba.com shall not be liable for any loss or damages arising from such a breach and shall have the right to\nsuspend or terminate Member’s account without liability to the Member.\n \n5. Member’s Responsibilities\n \n5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the\nlicense and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for\nbusiness purposes only; and (c) for Members who are business entities, the address you provide when registering is the\nprincipal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be\nconsidered a separate entity and your principal place of business will be deemed to be that of your head office. \n5.2 Member will be required to provide information or material about your entity, business or products/services as part of the\nregistration process on the Sites for your access to and use of any Service or the member account. Each Member represents,\nwarrants and agrees that (a) such information and material whether submitted during the registration process or thereafter\nthroughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will\n\nmaintain and promptly amend all information and material to keep it true, accurate, current and complete.\n \n5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and\nauthorize Alibaba.com and our affiliates to share the contact information with other Users or otherwise use your\npersonal information in accordance with the Privacy Policy. \n \n5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third\nparty licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you\nsubmit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any\nother personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to\nsell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User\nContent and such sale, trade, distribution or export or offer does not violate any Third Party Right；and (d) neither the\nMember nor any of its related persons, have been banned or removed from any major e-commerce platforms, or otherwise\nimplicated in selling counterfeit or pirated products online. \n \n5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:\na) be true, accurate, complete and lawful;\nb) not be false, misleading or deceptive;\nc) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually\nexplicit or harmful to minors;\nd) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality,\ndisability, sexual orientation or age;\ne) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements\nf) not violate any applicable laws and regulations (including without limitation those governing export control, consumer\nprotection, unfair competition, price gouging or false advertising) or promote any activities which may violate any\napplicable laws and regulations;\ng) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.\n \n5.6 Each Member further represents, warrants and agrees that you shall/are:\na) carry on your activities on the Sites in compliance with any applicable laws and regulations;\nb) conduct your business transactions with other users of the Sites in good faith;\nc) carry on your activities in accordance with the Terms and any applicable Additional Agreements;\nd) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of\nstolen credit/debit cards);\ne) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;\nf) not engage in spamming or phishing;\ng) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence,\ngive rise to civil liability, etc) or encourage or abet any unlawful activities;\nh) not involve attempts to copy, reproduce, exploit or expropriate Alibaba.com’s various proprietary directories, databases\nand listings;\ni) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with,\nintercepting or expropriating any software or hardware system, data or personal information;\nj) not involve any scheme to undermine the integrity of the data, systems or networks used by Alibaba.com and/or any user\nof the Sites or gain unauthorized access to such data, systems or networks;\nk) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing\npersons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud\nsanctions of any governmental, international or regulatory entities; and\nl) not engage in any activities that would otherwise create any liability for Alibaba.com or our affiliates.\n \n5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to\nAlibaba.com’s e-commerce marketplace business.\n \n\n5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary\nconsents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact\ndetails and information, reference letters and comments on their behalf; and (c) that third parties may contact such business\nreferees to support claims or statements made about you. You further warrant and agree that all reference letters and\ncomments are true and accurate and third parties may contact the business referees without the need to obtain your consent.\n \n5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and\ncooperation necessary for Alibaba.com’s provision of the Services, evaluating whether Member has breached the Terms\nand/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or\ntermination of, the provision of any Service, Alibaba.com shall not be obliged to extend the relevant service period nor be\nliable for any loss or damages arising out of or in connection with such delay, suspension or termination.\n \n5.10 Member acknowledges and agrees that Alibaba.com reserves the right to, but shall not be required to actively monitor\nor exercise any editorial control whatsoever over the content of any message or material or information (including User\nContent) created, obtained or accessible through the Services or Sites. Alibaba.com does not endorse, verify or otherwise\ncertify the contents of any comments or other material or information (including User Content) created, submitted, posted,\ndisplayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications\nand may be held legally liable or accountable for the content of their comments or other material or information\n \n5.11 Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives\nfor business use and not for individual consumers or for personal use.\n \n5.12Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations\nin its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.\n \n5.13 Each Member represents, warrants and agrees that \n(a) you and your affiliates shall comply with applicable laws and regulations in conducting your respective business\n(including without limitation applicable laws and regulations with respect to product safety, intellectual property rights, data\nprivacy, consumer protection, product or regulatory certification, import and export control, unfair competition, price\ngouging, false advertising, labor, environment, health and safety, anti-bribery and anti-money laundering).\n(b) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted or\nproposed to be enacted by any country, international organization or jurisdiction (\"Relevant Subjects\");\n(c) you and your affiliates are not offering products or services that would likely trigger any international trade\nrestrictions, sanctions or other legal restrictions by any Relevant Subjects;\n(d) neither you, or any of your parent companies or affiliates, directly or indirectly, deals with, or provides any funds,\ngoods or services to Relevant Subjects;\n(e) you will at all times comply with all applicable export control and sanctions laws and regulations with regard to\nproducts, services, software and technologies in using the Services, including sanctions resolutions, laws and regulations\nenacted and enforced by the UN Security Council, the People's Republic of China, the United States of America, and any\nother country; \n(f) If you and your affiliates are a Seller of products which require a warning under California Health & Safety Code Section\n25249.6 (a \"Proposition 65 Warning”) you (a) will promptly display a Proposition 65 Warning on the product detail page as\nrequired under the relevant law; (b) authorize Alibaba.com to display a Proposition 65 Warning on your behalf; and (c) will\nonly revise or remove a Proposition 65 Warning for a product when the prior warning needs to be modified or is no longer\nlegally required, as the case may be; and\n(g) You and your affiliates are responsible for your products compliance with the laws and regulations of the country/region\nof destination, including with relevant labor laws and standards. If a product is not permitted in one or more markets, Sites\n\nreserve the right to remove the product listing from, OR STOP THE SALE OF ANY SUCH PRODUCT IN, those markets.\nIf, at any time, you fail to meet any of the above requirements, you should stop using the Services immediately. If\nAlibaba.com reasonably believes that any of your conduct violates or threatens to violate any applicable laws and\nregulations, Alibaba.com may, at its sole discretion, at any time take action as it may deem appropriate in light of the\ncircumstances, including, but not limited to, terminating the provision of Services to you, closing relevant purchase orders,\nand terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its\nmembers.\n \n6. Breaches by Members\n \n6.1 Alibaba.com reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part)\nthat you submit to, post or display on the Sites which we reasonably believe (i) violates any applicable laws and regulations,\n(ii) violates the Terms hereunder, (iii) could subject Alibaba.com or our affiliates to liability, (iv) infringes any Third Party\nRights, (v) could harm the interests of our Members, third party or Alibaba.com or our affiliates, or (vi) is otherwise found\ninappropriate in Alibaba.com’s sole discretion.\n \n6.2 If any Member breaches any Terms, or if Alibaba.com has reasonable grounds to believe that a Member is in breach of\nany Terms, Alibaba.com shall have the right to take such disciplinary actions as it deems appropriate, including without\nlimitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such\naccount by Alibaba.com in its sole discretion without liability for any losses or damages arising out of or in connection with\nsuch suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or\ncurrent or future use of any Service; (iii) removing any product listings or other User Content that the Member has\nsubmitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member\nmay post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as\nAlibaba.com may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as\nAlibaba.com may deem necessary or appropriate in its sole discretion.\n \n6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the\nTerms in any of the following circumstances:\na) upon complaint or claim from any third party, Alibaba.com has reasonable grounds to believe that such Member has\nwillfully or materially failed to perform your contract with such third party including without limitation where a Member\nwho supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party\nafter receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and\ndescriptions outlined in your contract with such third party,\nb) Alibaba.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or\nmisleading information in any transaction with a counter party,\nc) Alibaba.com has reasonable grounds to suspect that any information provided by the Member is not current or complete\nor is untrue, inaccurate, or misleading, or\nd) Alibaba.com believes that the Member’s actions may cause financial loss or legal liability to Alibaba.com or our affiliates\nor any other Users.\n \n6.4 Alibaba.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies,\nprivate investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further,\nto the extent permitted by applicable laws and policies, Alibaba.com may disclose the Member's identity, contact information\nand/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by\na government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action.\n Alibaba.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any\naction or claim against Alibaba.com for such disclosure.\n \n6.5 Alibaba.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the\nMember’s use of any Service or the Sites without being liable to the Member if Alibaba.com has received notice that the\n\nMember is in breach of any agreement or undertaking with any affiliate of Alibaba.com including without limitation Taobao,\nAlipay, China Yahoo! and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities.\nAlibaba.com reserves the right to, but shall not be required to investigate such breach or request confirmation from the\nMember.\n \n6.6 Each Member agrees to indemnify Alibaba.com, our affiliates, directors, employees, agents and representatives and to\nhold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis)\nwhich may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or\nServices, or from your breach of the Terms or any Additional Agreements.\n \n6.7 Each Member further agrees that Alibaba.com is not responsible, and shall have no liability to you or anyone else for any\nUser Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading,\ninaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material\nrests entirely with the Member. Alibaba.com reserves the right, at our own expense, to assume the exclusive defense and\ncontrol of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with\nAlibaba.com in asserting any available defenses.\n \n7. Transactions Between Buyers and Sellers\n \n7.1 Through the Sites, Alibaba.com provides electronic web-based platforms for exchanging information between buyers\nand sellers of products and services. Alibaba.com additionally provides electronic web-based transaction platforms for\nMembers to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the\nSites subject to the terms of the Transaction Services Agreement. However, for any Services, Alibaba.com does not\nrepresent either the seller or the buyer in specific transactions. Alibaba.com does not control and is not liable or responsible\nfor the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the\nsellers to complete a sale or the ability of buyers to complete a purchase.\n \n7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Alibaba.com\nuses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a\npaying membership service on the Sites. However, because user verification on the Internet is difficult, Alibaba.com cannot\nand does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to\nuse various means, as well as common sense, to evaluate with whom you are dealing.\n \n7.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale\ntransactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services\nshall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity\nrelating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include,\nbut are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure\nto meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-\ncalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation,\nexport, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may\nviolate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in\nconnection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are\nentitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party\nRights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or\nother third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or\nServices. All of the foregoing risks are referred to as \"Transaction Risks\". Alibaba.com is not liable or responsible for any\ndamages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a\nresult of or in connection with any Transaction Risks.\n \n\n7.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the\ntransactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms\nregarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation\nand storage, subject to any additional obligations imposed under the Transaction Services Agreement (and in particular,\nclause 3.2).\n \n7.5 User agrees to provide all information and materials as may be reasonably required by Alibaba.com in connection with\nyour transactions conducted on, through or as a result of use of the Sites or Services. Alibaba.com has the right to suspend\nor terminate any User’s account if the User fails to provide the required information and materials without liability for any\nlosses or damages arising out of or in connection with such suspension or termination.\n7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify\nAlibaba.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings,\ncosts, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising\nout of or in connection with such dispute or the transaction.\n \n8. Limitation of Liability\n \n8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY ALIBABA.COM ON OR\nTHROUGH THE SITES ARE PROVIDED \"AS IS\", \"AS AVAILABLE\" AND “WITH ALL FAULTS”, AND\nALIBABA.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,\nINCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,\nPERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR\nPURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY\nEXCLUDED.\n \n8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA.COM MAKES NO REPRESENTATIONS OR\nWARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,\nCOMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES;\nALIBABA.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT,\nDISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR\nDISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND ALIBABA.COM MAKES\nNO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE\nOFFERED OR DISPLAYED ON THE SITES.\n \n8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and\nrisk and each User is solely responsible for any damage to its own or to Alibaba.com’s computer system(s) or any loss of\ndata that may result from the download of any such material. No advice or information, whether oral or written, obtained by\nany User from Alibaba.com or through or from the Sites shall create any warranty not expressly stated herein.\n \n8.4 The Sites may make available to User services or products provided by independent third parties. No warranty or\nrepresentation is made with regard to such services or products. In no event shall Alibaba.com or our affiliates be held liable\nfor any such services or products.\n \n8.5 Each User hereby agrees to indemnify and hold Alibaba.com, our affiliates, directors, officers and employees harmless,\nfrom any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's\naccess to or use of the Sites or Services (including but not limited to the submission, posting or display of such User's\ninformation and User Content on the Sites, Alibaba Channels or Third Party Channels under Promotion Services) or from\nyour breach of any of the representations, warranties hereunder and the terms and conditions of the Terms. Each User hereby\nfurther agrees to indemnify and hold Alibaba.com, our affiliates, directors, officers and employees harmless, from any and\n\nall losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of\nany representations and warranties made by User to Alibaba.com, including but not limited to those set forth in clause 5\nhereunder. \n \n8.6 Each User hereby further agrees to indemnify and save Alibaba.com, our affiliates, directors, officers and employees\nharmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may\narise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to\nthe User Content, information and/or products offered or displayed on the Sites. Each User hereby further agrees that\nAlibaba.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory,\noffensive or illicit material and that the risk of damages from such material rests entirely with each User. Alibaba.com\nreserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to\nindemnification by you, in which event you shall cooperate with Alibaba.com in asserting any available defenses.\n \n8.7 Alibaba.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any\ndamages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of\ninformation), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the\nfollowing:\na) the use or the inability to use the Sites or Services;\nb) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party\nthrough the Sites or Services;\nc) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer,\ndisplay, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may\nviolate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or\nindemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;\nd) unauthorized access by third parties to data or private information of any User;\ne) statements or conduct of any User of the Sites or Services; or;\nf) any matters relating to the Sites or Services, however arising, including negligence.\n \n8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, our employees, agents,\naffiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or\nuse of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has\npaid to Alibaba.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the\nmaximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User\nto prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the\ndate the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.\n \n8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law\nand shall apply whether or not Alibaba.com has been advised of or should have been aware of the possibility of any such\nlosses arising.\n \n9. Force Majeure\n \n9.1 Alibaba.com shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from\nthe unavailability, inconvenience or failures of the services or systems due to the following reasons: (i) system shut-down for\nmaintenance; (ii) inability to transmit data due to failures in communications terminals or telecommunications equipment;\n(iii) systems failure and inability to perform its functions) due to force majeure events including but not limited to typhoons,\nearthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or materials,\nriots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or\nforeign courts or tribunals, non-performance of third parties; or (iv) suspension or delay of services or systems failure due to\nreasons beyond the reasonable control of Alibaba.com such as hacker or cyber attacks, technical adjustments or failure of the\ntelecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or\nbusiness operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any\ngovernment agency) in the event of a national or regional spread of epidemic or pandemic.\n\n \n10. Intellectual Property Rights\n \n10.1 Alibaba.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The\nSites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and\nother laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Alibaba.com,\nour affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Alibaba.com are hereby\nreserved.\n \n10.2 \"ALIBABA\", \"ALIBABA.COM\", “ALIEXPRESS” and related icons and logos are registered trademarks or\ntrademarks or service marks of Alibaba Group Holding Limited; in the Relevant Jurisdictions, “ALIEXPRESS”,\n“АЛИЭКСПРЕСС” and related icons and logos are registered trademarks or trademarks or service marks of AliExpress\nRussia Holding Private Limited, and the “TMALL” trademark is licensed to AliExpress Russia Holding Private Limited; and\n“GOLD SUPPLIER”, \"TRUSTPASS\" and related icons and logos are registered trademarks or trademarks or service marks\nof Alibaba.com Limited and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark\nand other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly\nprohibited.\n \n10.3 Alibaba.com may have independent third parties involved in the provision of the Sites or Services (e.g., the\nauthentication and verification service providers). You may not use any trademark, service mark or logo of such independent\nthird parties without prior written approval from such parties.\n \n10.4 To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by\nAlibaba.com and/or its affiliates using User Content pursuant to the Terms shall belong to Alibaba.com, which may be freely\nassignable, licensable or grantable by Alibaba.com to any third party or its affiliates.\n \n11. Notices\n \n11.1 All legal notices or demands to or upon Alibaba.com (other than AliExpress Russia Holding Pte Ltd.) shall be made in\nwriting and sent to Alibaba.com personally, by courier or certified mail to the following entity and address: Alibaba.com\nHong Kong Limited/Alibaba.com Singapore E-Commerce Private Limited/Hangzhou Alibaba Advertising Co. Ltd (as the\ncase maybe), 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, Attn: Legal Department. All\nlegal notices or demands to or upon AliExpress Russia Holding Private Limited (relating to AliExpress Sites) shall be made\nin writing and sent to Alibaba.com personally, by courier or certified mail to the following entity and address: AliExpress\nRussia Holding Private Limited, 51 Bras Basah Road, #04-08 Lazada One, Singapore 189554, Attn: Legal Department. The\nnotices shall be effective when they are received by Alibaba.com in any of the above-mentioned manner.\n \n11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified\nmail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Alibaba.com, or\nby posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall\nbe deemed to be received by such User if and when:\na) Alibaba.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such\nUser, or\nb) immediately upon Alibaba.com posting such notice on an area of the Sites that is publicly accessible without charge.\n \n\n11.3 You agree that all agreements, notices, demands, disclosures and other communications that Alibaba.com sends to you\nelectronically will satisfy any legal requirement that such communication should be in writing.\n \n12. General Provisions\n \n12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Alibaba.com with\nrespect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the\nsame subject matter herein.\n \n12.2 Alibaba.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or\nfranchiser-franchisee relationship is intended or created by the Terms.\n \n12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining\nprovisions shall remain valid and be enforced.\n \n12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such\nclause.\n \n12.5 Alibaba.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not\nconstitute a waiver of that right nor a waiver of Alibaba.com’s right to act with respect to subsequent or similar breaches.\n \n12.6 Alibaba.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and\nobligations and duties in the Terms to any person or entity (including any affiliates of Alibaba.com). You may not assign, in\nwhole or part, the Terms to any person or entity.\n \n12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA\n(“PRC”) IF YOU CONTRACT WITH HANGZHOU ALIBABA ADVERTISING CO., LTD ACCORDING TO\nPARAGRAPH 2.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE\nJURISDICTION OF THE YUHANG BASIC PEOPLE’S COURT OF HANGZHOU, PRC. IF YOUR CONTRACT IS\nWITH ALIBABA.COM HONG KONG LIMITED OR ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE\nLIMITED, THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL\nADMINISTRATIVE REGION (\"HONG KONG\") WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS;\nAND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE\nHONG KONG COURTS, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW. IF YOUR\nCONTRACT IS WITH ALIEXPRESS RUSSIA HOLDING PTE LTD., THIS AGREEMENT SHALL BE GOVERNED BY\nLAWS OF THE RUSSIAN FEDERATION (\"RUSSIA\") WITHOUT REGARD TO ITS CONFLICT OF LAW\nPROVISIONS; AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE\nJURISDICTION OF THE COURTS OF RUSSIA, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE\nLAW. \n \n12.8 If you have any comments on the Services we provide to you, you may contact our customer service support line\n(https://helppage.aliexpress.com/buyercenter/selectTopic.htm \nfor \nAliExpress \nor \nhttps://service.alibaba.com/buyer?\nspm=a2700.8293689.0.0.643f65aasdVUJy&tracelog=footer_hp_buyer for Alibaba.com) with any such feedback or\nquestions.\n \n \n\n \n \n \n \n \n \n \n \nPart B: Old version - effective as of May 6th, 2020\n \nPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!\n \nWelcome to www.alibaba.com and www.aliexpress.com! These Terms of Use describe the terms and conditions applicable\nto your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made\navailable by Alibaba.com (defined below) from time to time which relate to (a) the Alibaba e-commerce platform including\nbut not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator\n“www.alibaba.com” and the mobile applications of the Alibaba.com e-commerce platform (the “Alibaba Sites”); and (b) the\nAliExpress e-commerce platform including but not limited to the web and mobile-optimized versions of the websites\nidentified by the uniform resource locators “www.aliexpress.com”, “www.aliexpress.ru” and “www.tmall.ru” (“AliExpress\nSites”), and the mobile applications of the AliExpress e-commerce platforms,(with Alibaba.com Sites and AliExpress Sites\ncollectively the “Sites”). This document is a legally binding agreement between you as the user(s) of the Sites (referred to as\n“you”, “your” or “User” hereinafter) and the Alibaba.com contracting entity determined in accordance with clause 2.1 below\n(referred to as “we”, “our” or “Alibaba.com” hereinafter).\n \nApplication and Acceptance of the Terms\n \n1.1 Your access to and use of the Sites and Alibaba.com’s services, software and products through the Sites, which shall\ninclude the platforms described in clause 7.1 of the Terms (such services, software and products collectively referred to as\nthe “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy\n(defined in clause 3.3 below), the Product Listing Policy and any other rules and policies of the Sites that Alibaba.com may\npublish from time to time. The Promotion Services referred to in the Free Membership Agreement shall include Top\nRanking and Sponsored Listing and any such other Services as may be announced by Alibaba.com from time to time. This\ndocument and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing and\nuse of the Sites and Services, you agree to accept and be bound by the Terms. Please do not access or use the Services or the\nSites if you do not accept all of the Terms. \n \n1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a\nbinding contract with Alibaba.com, or (b) you are not permitted to receive any Services under the laws of Hong Kong or\nother countries / regions including the country / region in which you are resident or from which you access and use the\nServices and the Sites.\n \n1.3 Alibaba.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By\ncontinuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.\n \n\n1.4 If Alibaba.com has posted or provided a translation of the English language version of the Terms, you agree that the\ntranslation is provided for convenience only and that the English language version will govern your access to and use of the\nServices or the Sites.\n \n1.5 You may be required to enter into separate agreement(s), whether online or offline, with Alibaba.com or our affiliate for\nany Service (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency\nbetween the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in\nrelation to that Service (or feature within the Service) concerned. \n \n1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Alibaba.com. \n \nProvision of Services\n \n2.1 If you are a registered member of any of the Sites, and you are from mainland China, you are contracting with\nHangzhou Alibaba Advertising Co., Ltd.\n \nIf you are a registered member of any of the Sites, and you are from Hong Kong or Macau, the Alibaba.com contracting\nentity that you are contracting with is Alibaba.com Hong Kong Limited. \n \nIf you are a registered member of any of the Sites, and either (a) you are from a place outside mainland China, Hong Kong,\nMacau; or (b) you access and use the Alibaba Sites from any of the Relevant Jurisdictions, you are contracting with\nAlibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D).\n As some or part of the Services may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate\nsome of the Services to its affiliates.\n \nNotwithstanding anything to the contrary in the forgoing provisions in this clause 2.1, if you are a registered member of\nAliExpress, and you are resident in or access and use the AliExpress Sites from any of the Relevant Jurisdictions (the\n“AliExpress Relevant Jurisdiction User”), your contract is with AliExpress Russia Holding Private Limited (incorporated\nin Singapore with Company Reg. No. 201917627W). “Relevant Jurisdictions” shall mean the Russian Federation,\nAzerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan and Uzbekistan.\n \n2.2 You must register as a member on the Sites in order to access and use some Services. Further, Alibaba.com reserves the\nright, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying\nUsers, or subject to other conditions that Alibaba.com may impose in our discretion. \n \n2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation\nis given that a particular Service or feature or function thereof or the same type and extent of the Service or features and\nfunctions thereof will be available for Users. Alibaba.com may in our sole discretion limit, deny or create different levels of\naccess to and use of any Services (or any features within the Services) with respect to different Users.\n \n2.4 Alibaba.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within\nthe Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely\naffect the ability of such paying Users to enjoy that Service, except in respect of any AliExpress Relevant Jurisdiction Users.\nIn respect of any AliExpress Relevant Jurisdiction Users, AliExpress Russia Holding Private Limited may launch, change,\nupgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice\nexcept that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying\n\nUsers to enjoy that Service.\n \n2.5 Some Services (or part thereof) may be provided by Alibaba.com’s affiliates on behalf of Alibaba.com.\n \nUsers Generally\n \n3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws\nand regulations when accessing or using the Sites or Services.\n \n3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any\ninformation, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the\nSites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the\npurposes of operating a business that competes with Alibaba.com, or otherwise commercially exploiting the Site Content.\nSystematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation,\ndatabase or directory (whether through robots, spiders, automatic devices or manual processes) without written permission\nfrom Alibaba.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the\nTerms is prohibited.\n \n3.3 You must read the following documents which govern the protection and use of personal information about Users in the\npossession of Alibaba.com and our affiliates:\na) for Users who access or use Sites relating to the Alibaba e-commerce platform, the Alibaba.com Privacy Policy, and\nb) for Users who access or use Sites relating to the AliExpress e-commerce platforms, the Aliexpress.com Privacy Policy, or\nthe Privacy Policy of “www.aliexpress.ru” and “www.tmall.ru” (collectively, the “Privacy Policy”).\n \n3.4 Alibaba.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in\nthe form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned\nto read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that\nAlibaba.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible\nor liable to anyone for such web sites, or any content, products or services made available on or through such web sites.\n \n3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Alibaba.com\nand/or any other User nor to gain unauthorized access to such computer systems or networks.\n \n3.6 You agree not to undertake any action which may undermine the integrity of Alibaba.com’s feedback system, such as\nleaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated\nnegative feedback for another User.\n \n3.7 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User\nContent to Alibaba.com or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable,\nperpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Alibaba.com to display, transmit,\ndistribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the\nUser Content in any form, media, or technology now known or not currently known in any manner and for any purpose\nwhich may be beneficial to Alibaba.com, the operation of the Sites, the provision of any Services and/or the business of the\nUser. You confirm and warrant to Alibaba.com that you have all the rights, power and authority necessary to grant the above\nlicense. Information that is protected under data protection laws will only be used and kept in compliance with those laws.\n \nMember Accounts\n \n\n4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member”\nbelow). Except with Alibaba.com’s approval, one User may only register one member account on the Sites. Alibaba.com\nmay cancel or terminate a User’s member account if Alibaba.com has reasons to suspect that the User has concurrently\nregistered or is in control of two or more member accounts. Further, Alibaba.com may reject User’s application for\nregistration for any reason.\n \n4.2 Upon registration on the Sites, Alibaba.com shall assign an account and issue a member ID and password (the latter shall\nbe chosen by a registered User during registration) to each registered User. An account may have a web-based email account\nwith limited storage space for the Member to send or receive emails.\n \n4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for\nmaintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur\nunder your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of\nyour Member account, ID or password by another person, even to other individuals within the Member’s own business entity\n(where applicable). Member agrees to notify Alibaba.com immediately if you become aware of any unauthorized use of your\npassword or your account or any other breach of security of your account.\n \n4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without\nlimitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing\nto or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have\nbeen authorized by the Member.\n \n4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your\nbusiness entity to use your account (collectively, \"multiple use\"), may cause irreparable harm to Alibaba.com or other Users\nof the Sites. Member shall indemnify Alibaba.com, our affiliates, directors, employees, agents and representatives against\nany loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account.\nMember also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your\naccount, Alibaba.com shall not be liable for any loss or damages arising from such a breach and shall have the right to\nsuspend or terminate Member’s account without liability to the Member.\n \n5. Member’s Responsibilities\n \n5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the\nlicense and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for\nbusiness purposes only; and (c) for Members who are business entities, the address you provide when registering is the\nprincipal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be\nconsidered a separate entity and your principal place of business will be deemed to be that of your head office. \n \n5.2 Member will be required to provide information or material about your entity, business or products/services as part of the\nregistration process on the Sites for your access to and use of any Service or the member account. Each Member represents,\nwarrants and agrees that (a) such information and material whether submitted during the registration process or thereafter\nthroughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will\nmaintain and promptly amend all information and material to keep it true, accurate, current and complete.\n \n5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and\nauthorize Alibaba.com and our affiliates to share the contact information with other Users or otherwise use your\npersonal information in accordance with the Privacy Policy. \n \n\n5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third\nparty licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you\nsubmit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any\nother personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell,\ntrade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content\nand such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are\nnot the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international\norganization or jurisdiction.\n \n5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:\na) be true, accurate, complete and lawful;\nb) not be false, misleading or deceptive;\nc) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually\nexplicit or harmful to minors;\nd) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality,\ndisability, sexual orientation or age;\ne) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements\nf) not violate any applicable laws and regulations (including without limitation those governing export control, consumer\nprotection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and\nregulations;\ng) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.\n \n5.6 Each Member further represents, warrants and agrees that you shall/are:\na) carry on your activities on the Sites in compliance with any applicable laws and regulations;\nb) conduct your business transactions with other users of the Sites in good faith;\nc) carry on your activities in accordance with the Terms and any applicable Additional Agreements;\nd) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of\nstolen credit/debit cards);\ne) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;\nf) not engage in spamming or phishing;\ng) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence,\ngive rise to civil liability, etc) or encourage or abet any unlawful activities;\nh) not involve attempts to copy, reproduce, exploit or expropriate Alibaba.com’s various proprietary directories, databases\nand listings;\ni) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with,\nintercepting or expropriating any software or hardware system, data or personal information;\nj) not involve any scheme to undermine the integrity of the data, systems or networks used by Alibaba.com and/or any user\nof the Sites or gain unauthorized access to such data, systems or networks;\nk) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing\npersons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud\nsanctions of any governmental, international or regulatory entities; and\nl) not engage in any activities that would otherwise create any liability for Alibaba.com or our affiliates.\n \n5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to\nAlibaba.com’s e-commerce marketplace business.\n \n5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary\nconsents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact\ndetails and information, reference letters and comments on their behalf; and (c) that third parties may contact such business\nreferees to support claims or statements made about you. You further warrant and agree that all reference letters and\ncomments are true and accurate and third parties may contact the business referees without the need to obtain your consent.\n \n\n5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and\ncooperation necessary for Alibaba.com’s provision of the Services, evaluating whether Member has breached the Terms\nand/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or\ntermination of, the provision of any Service, Alibaba.com shall not be obliged to extend the relevant service period nor be\nliable for any loss or damages arising out of or in connection with such delay, suspension or termination.\n \n5.10 Member acknowledges and agrees that Alibaba.com reserves the right to, but shall not be required to actively monitor\nor exercise any editorial control whatsoever over the content of any message or material or information (including User\nContent) created, obtained or accessible through the Services or Sites. Alibaba.com does not endorse, verify or otherwise\ncertify the contents of any comments or other material or information (including User Content) created, submitted, posted,\ndisplayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications\nand may be held legally liable or accountable for the content of their comments or other material or information\n \n5.11 Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives\nfor business use and not for individual consumers or for personal use.\n \n5.12Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations\nin its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.\n \n6. Breaches by Members\n6.1 Alibaba.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to,\npost or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Alibaba.com or our\naffiliates to liability, or is otherwise found inappropriate in Alibaba.com’s sole discretion.\n \n6.2 If any Member breaches any Terms, or if Alibaba.com has reasonable grounds to believe that a Member is in breach of\nany Terms, Alibaba.com shall have the right to take such disciplinary actions as it deems appropriate, including without\nlimitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such\naccount by Alibaba.com in its sole discretion without liability for any losses or damages arising out of or in connection with\nsuch suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or\ncurrent or future use of any Service; (iii) removing any product listings or other User Content that the Member has\nsubmitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member\nmay post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as\nAlibaba.com may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as\nAlibaba.com may deem necessary or appropriate in its sole discretion.\n \n6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the\nTerms in any of the following circumstances:\na) upon complaint or claim from any third party, Alibaba.com has reasonable grounds to believe that such Member has\nwillfully or materially failed to perform your contract with such third party including without limitation where a Member\nwho supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party\nafter receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and\ndescriptions outlined in your contract with such third party,\nb) Alibaba.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or\nmisleading information in any transaction with a counter party,\nc) Alibaba.com has reasonable grounds to suspect that any information provided by the Member is not current or complete\nor is untrue, inaccurate, or misleading, or\nd) Alibaba.com believes that the Member’s actions may cause financial loss or legal liability to Alibaba.com or our affiliates\nor any other Users.\n \n\n6.4 Alibaba.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies,\nprivate investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further,\nto the extent permitted by applicable laws and policies, Alibaba.com may disclose the Member's identity, contact information\nand/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by\na government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action.\n Alibaba.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any\naction or claim against Alibaba.com for such disclosure.\n \n6.5 Alibaba.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the\nMember’s use of any Service or the Sites without being liable to the Member if Alibaba.com has received notice that the\nMember is in breach of any agreement or undertaking with any affiliate of Alibaba.com including without limitation Taobao,\nAlipay, China Yahoo! and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities.\nAlibaba.com reserves the right to, but shall not be required to investigate such breach or request confirmation from the\nMember.\n \n6.6 Each Member agrees to indemnify Alibaba.com, our affiliates, directors, employees, agents and representatives and to\nhold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis)\nwhich may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or\nServices, or from your breach of the Terms or any Additional Agreements.\n \n6.7 Each Member further agrees that Alibaba.com is not responsible, and shall have no liability to you or anyone else for any\nUser Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading,\ninaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material\nrests entirely with the Member. Alibaba.com reserves the right, at our own expense, to assume the exclusive defense and\ncontrol of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with\nAlibaba.com in asserting any available defenses.\n \n7. Transactions Between Buyers and Sellers\n7.1 Through the Sites, Alibaba.com provides electronic web-based platforms for exchanging information between buyers\nand sellers of products and services. Alibaba.com additionally provides electronic web-based transaction platforms for\nMembers to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the\nSites subject to the terms of the Transaction Services Agreement. However, for any Services, Alibaba.com does not\nrepresent either the seller or the buyer in specific transactions. Alibaba.com does not control and is not liable or responsible\nfor the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the\nsellers to complete a sale or the ability of buyers to complete a purchase.\n \n7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Alibaba.com\nuses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a\npaying membership service on the Sites. However, because user verification on the Internet is difficult, Alibaba.com cannot\nand does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to\nuse various means, as well as common sense, to evaluate with whom you are dealing.\n \n7.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale\ntransactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services\nshall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity\nrelating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include,\nbut are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure\nto meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-\ncalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation,\nexport, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may\nviolate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in\nconnection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are\n\nentitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party\nRights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or\nother third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or\nServices. All of the foregoing risks are referred to as \"Transaction Risks\". Alibaba.com is not liable or responsible for any\ndamages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a\nresult of or in connection with any Transaction Risks.\n \n7.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the\ntransactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms\nregarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation\nand storage, subject to any additional obligations imposed under the Transaction Services Agreement (and in particular,\nclause 3.2).\n \n7.5 User agrees to provide all information and materials as may be reasonably required by Alibaba.com in connection with\nyour transactions conducted on, through or as a result of use of the Sites or Services. Alibaba.com has the right to suspend\nor terminate any User’s account if the User fails to provide the required information and materials without liability for any\nlosses or damages arising out of or in connection with such suspension or termination.\n7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify\nAlibaba.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings,\ncosts, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising\nout of or in connection with such dispute or the transaction.\n \n8. Limitation of Liability\n8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY ALIBABA.COM ON OR\nTHROUGH THE SITES ARE PROVIDED \"AS IS\", \"AS AVAILABLE\" AND “WITH ALL FAULTS”, AND\nALIBABA.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,\nINCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,\nPERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR\nPURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY\nEXCLUDED.\n \n8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA.COM MAKES NO REPRESENTATIONS OR\nWARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,\nCOMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES;\nALIBABA.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT,\nDISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR\nDISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND ALIBABA.COM MAKES\nNO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE\nOFFERED OR DISPLAYED ON THE SITES.\n \n8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and\nrisk and each User is solely responsible for any damage to its own or to Alibaba.com’s computer system(s) or any loss of\ndata that may result from the download of any such material. No advice or information, whether oral or written, obtained by\nany User from Alibaba.com or through or from the Sites shall create any warranty not expressly stated herein.\n \n8.4 The Sites may make available to User services or products provided by independent third parties. No warranty or\nrepresentation is made with regard to such services or products. In no event shall Alibaba.com or our affiliates be held liable\nfor any such services or products.\n \n\n8.5 Each User hereby agrees to indemnify and save Alibaba.com, our affiliates, directors, officers and employees harmless,\nfrom any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's\naccess to or use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or\nfrom your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save\nAlibaba.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities\n(including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties\nmade by User to Alibaba.com, including but not limited to those set forth in clause 5 hereunder. \n \n8.6 Each User hereby further agrees to indemnify and save Alibaba.com, our affiliates, directors, officers and employees\nharmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may\narise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to\nproducts offered or displayed on the Sites. Each User hereby further agrees that Alibaba.com is not responsible and shall\nhave no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk\nof damages from such material rests entirely with each User. Alibaba.com reserves the right, at our own expense, to assume\nthe exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall\ncooperate with Alibaba.com in asserting any available defenses.\n \n8.7 Alibaba.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any\ndamages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of\ninformation), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the\nfollowing:\na) the use or the inability to use the Sites or Services;\nb) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party\nthrough the Sites or Services;\nc) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer,\ndisplay, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may\nviolate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or\nindemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;\nd) unauthorized access by third parties to data or private information of any User;\ne) statements or conduct of any User of the Sites or Services; or;\nf) any matters relating to the Sites or Services, however arising, including negligence.\n \n8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, our employees, agents,\naffiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or\nuse of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has\npaid to Alibaba.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the\nmaximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User\nto prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the\ndate the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.\n \n8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law\nand shall apply whether or not Alibaba.com has been advised of or should have been aware of the possibility of any such\nlosses arising.\n \n9. Force Majeure\n9.1 Under no circumstances shall Alibaba.com be held liable for any delay or failure or disruption of the content or the\nServices accessed or delivered through the Sites or the creation or fulfilment of contracts resulting directly or indirectly from\nacts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer,\ntelecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections,\ncivil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions,\norders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of\n\ntransportation or business operation (including but not limited to delays or disruption of the resumption of work or operation\nordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.\n \n10. Intellectual Property Rights\n10.1 Alibaba.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The\nSites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and\nother laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Alibaba.com,\nour affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Alibaba.com are hereby\nreserved.\n \n10.2 \"ALIBABA\", \"ALIBABA.COM\", “ALIEXPRESS” and related icons and logos are registered trademarks or\ntrademarks or service marks of Alibaba Group Holding Limited; in the Relevant Jurisdictions, “ALIEXPRESS”,\n“АЛИЭКСПРЕСС” and related icons and logos are registered trademarks or trademarks or service marks of AliExpress\nRussia Holding Private Limited, and the “TMALL” trademark is licensed to AliExpress Russia Holding Private Limited; and\n“GOLD SUPPLIER”, \"TRUSTPASS\" and related icons and logos are registered trademarks or trademarks or service marks\nof Alibaba.com Limited and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark\nand other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly\nprohibited.\n \n10.3 Alibaba.com may have independent third parties involved in the provision of the Sites or Services (e.g., the\nauthentication and verification service providers). You may not use any trademark, service mark or logo of such independent\nthird parties without prior written approval from such parties.\n \n11. Notices\n \n11.1 All legal notices or demands to or upon Alibaba.com (other than AliExpress Russia Holding Pte Ltd.) shall be made in\nwriting and sent to Alibaba.com personally, by courier or certified mail to the following entity and address: Alibaba.com\nHong Kong Limited/Alibaba.com Singapore E-Commerce Private Limited/Hangzhou Alibaba Advertising Co. Ltd (as the\ncase maybe), 26/F Tower One, Times Square,1 Matheson Street, Causeway Bay, Hong Kong, Attn: Legal Department. All\nlegal notices or demands to or upon AliExpress Russia Holding Private Limited (relating to AliExpress Sites) shall be made\nin writing and sent to Alibaba.com personally, by courier or certified mail to the following entity and address: AliExpress\nRussia Holding Private Limited, 8 Shenton Way, #45-01 AXA Tower, Singapore 068811, Attn: Legal Department. The\nnotices shall be effective when they are received by Alibaba.com in any of the above-mentioned manner.\n11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified\nmail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Alibaba.com, or\nby posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall\nbe deemed to be received by such User if and when:\na) Alibaba.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such\nUser, or\nb) immediately upon Alibaba.com posting such notice on an area of the Sites that is publicly accessible without charge.\n11.3 You agree that all agreements, notices, demands, disclosures and other communications that Alibaba.com sends to you\nelectronically will satisfy any legal requirement that such communication should be in writing.\n \n12. General Provisions\n \n\n12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Alibaba.com with\nrespect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the\nsame subject matter herein.\n \n12.2 Alibaba.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or\nfranchiser-franchisee relationship is intended or created by the Terms.\n \n12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining\nprovisions shall remain valid and be enforced.\n \n12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such\nclause.\n \n12.5 Alibaba.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not\nconstitute a waiver of that right nor a waiver of Alibaba.com’s right to act with respect to subsequent or similar breaches.\n \n12.6 Alibaba.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and\nobligations and duties in the Terms to any person or entity (including any affiliates of Alibaba.com). You may not assign, in\nwhole or part, the Terms to any person or entity.\n \n12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA\n(“PRC”) IF YOU CONTRACT WITH HANGZHOU ALIBABA ADVERTISING CO., LTD ACCORDING TO\nPARAGRAPH 2.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE\nJURISDICTION OF THE YUHANG BASIC PEOPLE’S COURT OF HANGZHOU, PRC. IF YOUR CONTRACT IS\nWITH ALIBABA.COM HONG KONG LIMITED OR ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE\nLIMITED, THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL\nADMINISTRATIVE REGION (\"HONG KONG\") WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS;\nAND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE\nHONG KONG COURTS, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW. IF YOUR\nCONTRACT IS WITH ALIEXPRESS RUSSIA HOLDING PTE LTD., THIS AGREEMENT SHALL BE GOVERNED BY\nLAWS OF THE RUSSIAN FEDERATION (\"RUSSIA\") WITHOUT REGARD TO ITS CONFLICT OF LAW\nPROVISIONS; AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE\nJURISDICTION OF THE COURTS OF RUSSIA, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE\nLAW. \n12.8 If you have any comments on the Services we provide to you, you may contact our customer service support line\n(https://helppage.aliexpress.com/buyercenter/selectTopic.htm \nfor \nAliExpress \nor \nhttps://service.alibaba.com/buyer?\nspm=a2700.8293689.0.0.643f65aasdVUJy&tracelog=footer_hp_buyer for Alibaba.com) with any such feedback or\nquestions.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Allegro","url":"https://allegro.pl/terms","lang":"ENG","sector":"Shopping","hq":"Poland","hq_category":"Poland","is_public":"Public","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Terms & Conditions\n \n-\n\nAllegro Terms & Conditions\nWant to know what is changing?\nInformation about all changes to the Terms & Conditions can be found in this detailed tab in Allegro\nNews.\nTable of contents\nI. GENERAL PROVISIONS\nSection 1. DEFINITIONS\nSection 2. TERMS & CONDITIONS OF PARTICIPATION IN ALLEGRO\nSection 2a. ALLEGRO BIZNES\nSection 2b. THE FAMILY GROUP FUNCTIONALITY\nII. TRANSACTIONS\nSection 3. OFFERS\nSection 4. FORBIDDEN ITEMS\nSection 5. COMMENCING A TRANSACTION\nSection 6. COURSE OF TRANSACTION\nSection 7. AGREEMENT CONCLUDED AS PART OF THE OFFER\nSection 8. ROLE OF ALLEGRO\nSection 9. FEES AND SALES COMMISSIONS\nSection 10. OTHER OBLIGATIONS OF USERS\nSection 11. RATING SYSTEM\nIII. FINAL PROVISIONS\nSection 12. OTHER SERVICES\nSection 13. PRIVACY AND CONFIDENTIALITY\nSection 14. AMENDMENTS TO THE ALLEGRO TERMS & CONDITIONS\nZMIEŃ JĘZYK\nAllegro\nAllegro Terms & Conditions\n\nSection 15. TERMINATION OF THE AGREEMENT WITH ALLEGRO.PL\nSection 16. CONTACT DETAILS AND COMPLAINTS PROCEDURE\nSection 17. GOVERNING LAW AND DISPUTES\nSection 18. APPENDICES\nSection 19. VALIDITY\nSection 20. LANGUAGE VERSIONS OF THE ALLEGRO TERMS & CONDITIONS\nSection 21. INTERNAL COMPLAINT-HANDLING SYSTEM\nSection 22. EXPLOSIVES PRECURSORS\nI. GENERAL PROVISIONS\nSection 1. DEFINITIONS\nThe following terms used in this document shall read as follows:\nALLEGRO.PL\nAllegro.pl sp. z o.o. with its registered office in Poznań at ul. Grunwaldzka 182, 60-166 Poznań, entered\ninto the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in\nPoznań, 8th Commercial Division of the National Court Register under KRS number 0000635012, share\ncapital: PLN 33.016.950, Tax Identification Number (NIP): 525-26-74-798, company statistical number\n(REGON): 365331553, which has a status of large entrprise under the act of 8th March 2013 on preventing\nexcessive payment delays in business transactions (consolidated text Dz. U. of 2019, item 118 as\namended).\nTERMS & CONDITIONS\nthis document\nALLEGRO\nan online marketplace of an open character available in the allegro.pl domain and operated by Allegro.pl\npursuant to the Terms & Conditions\nALLEGRO BIZNES\nA mode of use of Allegro, available to Business Account holders, containing features dedicated only to\nentities using Allegro in connection with the business activity they pursue\nREGISTRATION\nThe procedure of setting up an Account\nACCOUNT\na collection of resources managed by Allegro.pl for the User under a unique name (login), where the\nUser’s data and information concerning the User’s activity on Allegro are collected\nBUSINESS ACCOUNT\n\nAn account for Users who use Allegro in connection with the business activity they pursue, registered and\nmaintained under the rules provided for in the Terms & Conditions\nUSER\nan entity who received access to services provided on Allegro by Allegro.pl pursuant to the Terms &\nConditions\nALLEGRO BIZNES USER\nA User who is a Business Account holder\nSELLER\na User who takes actions to sell or who sells Goods as part of an Offer\nBUYER\na User who takes actions to purchase or who purchases Goods on Allegro\nBIDDER\na Buyer who has placed a bid for Goods as part of the Auction process\nITEM\ngoods, services or rights which are the subject of an Offer\nOFFER\na proposal to conclude a contract of sale for Goods under the terms provided for by the Seller, including,\nin particular, the price and a description of the offered Goods, using the functionalities available on\nAllegro\nAUCTION\na type of an Offer initiated by the Seller as part of which the Bidder declares the price for which they are\nready to purchase the Goods\nTRANSACTIONS\nprocedures for entering into and performing contracts of sale for Goods between Users on Allegro\nDISCUSSION\na dispute between the Seller and the Buyer regarding the correct implementation of a Transaction, taking\nplace using post-purchase support tools provided by Allegro\nTHE FAMILY GROUP FUNCTIONALITY\nA functionality of Allegro available to Users with Regular Accounts and Junior Accounts who are family\nmembers related by blood or marriage, which enables them to create Family Groups and add Accounts\n(Users) to a Family Group, within which the Family Group Manager and Family Group Members can use\nthe options available.\n\nFAMILY GROUP MEMBER\nA User who is a member (participant) of a Family Group\nFAMILY GROUP\nA group of Accounts set up by a Family Group Manager using the Family Group Functionality\nFAMILY GROUP MANAGER\nThe User who has set up a Family Group using the Family Group Functionality\nSection 2. TERMS & CONDITIONS OF PARTICIPATION IN ALLEGRO\n2.1.\nThe allowed Users may be natural persons of at least 18 years of age having full capacity to perform acts\nin law, legal persons, and organizational units not having a legal personality but being able to acquire\nrights and assume obligations on their own behalf. The allowed Users may be persons of at least 13 years\nof age who are still not 18 years old in the scope in which they can acquire rights and assume obligations\npursuant to the generally applicable provisions of law and subject to the principles applicable to them\n(Junior Account) being Appendix No. 6 hereto. Where national laws provide for reaching the age of\nmajority or obtaining a limited capacity to perform legal transactions at a different age, those national\nlaws shall be applied to the relevant extent.\n2.2.\nNatural persons who do not pursue any business activity on Allegro shall Register by completing an\nappropriate form, where:\na. Full Registration, subject to paragraph 2.6. below, enables using all services provided by Allegro.pl and\nAllegro functionalities, including the purchase and sale of Goods (Regular Account);\nb. Simplified Registration enables using only some of the services provided by Allegro.pl and Allegro\nfunctionalities, excluding, among others sale of Goods.\n2.3.\nNatural persons who pursue any business activity, legal persons, or organizational units referred to in\nparagraph 2.1 shall Register using the appropriate registration form by providing the data specified\ntherein. Subsequently, such entities shall send to Allegro.pl a copy of the documents confirming the said\ndata concerning their business activity. The obligation to send copies of such documents shall not apply\nto Users with the registered office in Poland who activated their accounts as part of Registration by\nmaking a quick online payment, a wire transfer, or any other e-transfer from an account of the entity\ncompleting the Registration. On behalf of the entities listed in the first sentence of this paragraph, the\naforementioned acts may be performed by a person with the appropriate authorization.\nAllegro.pl reserves the right to demand: additional statements and documents confirming conducting\nbusiness activity by merchants who have their head office, registered business activity, or actual place of\nconducting business activity outside of Poland. In the case when the documents referred to in the\npreceding sentence are drawn up in a foreign language other than Polish — also translations into English.\nInformation about the range of additional documents, which merchants described in the previous\n\nsentence will be obligated to send, will be included in an email message sent by Allegro after the User fills\nout the registration form.\n2.4.\nAn Account registered in the manner referred to in paragraph 2.3 above, following the positive\nverification of the data provided by the User, shall be highlighted using an icon visible to all Allegro\nvisitors (Business Account). The sales of Goods via the Business Account should be connected only with\nthe business activity conducted by the User on Allegro. At the same time, sales not related to the User’s\nbusiness activity referred to in the previous sentence should be made via the Regular Account.\n2.5.\nIn the process of completing the registration form, the entity being registered provides the required data\nand upon completing the registration form, depending on the Registration method and type of data\nprovided:\na. a message shall be sent to the email address provided in the registration form, indicating a manner in\nwhich the Registration should be confirmed and other information as required by law.\nb. a message shall be sent to the contact number provided in the registration form containing an\nactivation code necessary to confirm the Registration and other information as required by law.\nThe entity being registered may confirm the Registration using the available Registration confirmation\nmechanisms. Upon the confirmation of the Registration, the registered entity and Allegro.pl enter into an\nagreement concerning the provision of services by Allegro.pl on Allegro on conditions set forth in the\nAllegro Terms & Conditions.\n2.6.\nIn order to access all the services provided on Allegro.pl and Allegro functionalities, the User must\nperform full Registration (complete Registration), i.e. besides the obligation to send copies of documents,\nstatements, or translations – referred to in paragraph 2.3 above (if it applies), activate the Account, which\ncan be done by:\na. selecting one of the methods made available by Allegro and available for a specific User:\ni) Quick online payment — when the User has an account in one of the banks offering the so-called “quick\npayments” on Allegro and pays the predetermined amount of PLN 1.01. The full amount of the payment\nshall be returned to the User to the bank account from which the payment was made;\nii) Payment for the purchased item made using the payment service specified in Appendix No. 7A and\nAppendix No. 7B to the Allegro Terms & Conditions — when the payment for the purchased Goods will be\nmade in the form of an electronic transfer from an account maintained in one of the banks offering the\nso-called “quick payments” on Allegro;\niii) Making a electronic transfer — when the User has an account in a bank that does not cooperate with\nthe provider of the payment service specified in Appendix No. 7A and Appendix No. 7B to the Allegro\nTerms & Conditions or does not offer the so-called “quick payments”, and pays PLN 1.01 to a bank\naccount specified by Allegro.pl. The full amount of the payment shall be returned to the User to the bank\naccount from which the payment was made; or\n\niv) Attaching specific documents which make it possible to conduct a verification process (if applicable\nand the other options are not available); or\nb. completing the required data (if it applies).\nThe User executing a payment transaction confirms that by accepting the Terms & Conditions, they\nauthorize the payment services operator participating in the processing of such transaction to transfer\nthe payer’s data to Allegro.pl.\n2.7.\nDuring both Registration and later use of Allegro, the User is obliged to give needed and actual data and\ninformation and also submit, if requested, a truthful statement. The User of a Regular Account and of a\nBusiness Account with an enabled Subscription service may add to their Account a photo or a graphic\nelement that may present their image (a profile picture). When the User logs in to Allegro or registers via\nexternal authentication services (e.g. those offered as part of other websites, including social media, the\nUser’s (including personal data) and profile picture (if it was made available to that external service’s or\nwebsite’s host) will be disclosed to or shared with Allegro.pl and used in accordance with Allegro Terms &\nConditions.\nWhen the profile picture is uploaded, it will be assigned to the Account indicated by the User and\nregistered to the User’s name. When the User logs in to Allegro or registers via external authentication\nservices (e.g. those offered as part of other websites), the profile picture disclosed to or shared with\nAllegro.pl by that external service’s or website’s host will be assigned to the User’s Account according to\nthe email address provided by the User to that service’s or website’s host. The User’s profile picture will\nbe visible to other Allegro Users and it will be displayed next to the User’s selected activities on Allegro.\nThe profile picture in the aforementioned cases will be assigned to the User’s Account, provided that it\nmeets the following technical requirements: minimum size: 64 x 64 px, file format: .jpg, .png and\ncontents: no illegal or offensive, in particular, vulgar, obscene, erotic or pornographic content or content\ninciting hatred or racist or xenophobic behavior is permitted. It is prohibited to publish as part of a profile\npicture promotional or advertising content, announcements, any content related to the User’s activity\noutside Allegro, and any contact data.\nThe User should update data in the settings after logging in to the Account. It is forbidden for User to\ndelete data included in the User Account settings after making the registration, with the proviso that the\nUser may delete the profile picture assigned to their Account at any time. To delete the contact number,\nthe User needs to contact Allegro.pl using the available channels of communication referred to in the\nAllegro Terms & Conditions.\n2.8.\nThe User shall gain access to the Account on Allegro (logging in) after entering their:\nlogin or email address or contact number,\npassword or an SMS code (when logging in using the contact number) and, in the case of selecting\nthe two-step login, a password and an SMS code\nLogging in to Allegro via an automated solutions service, logging in with the use of the biometric data\non\na mobile device upon first enabling this function (biometric data are located on the device and are\nnot\nmade available to Allegro), and external authentication services (e.g. those offered as part of other\n\nwebsites cooperating with Allegro.pl, including social media), shall have the same effects as logging in\ndirectly on the Allegro website.\nThe use of automated solutions, in particular, automatic login software, shall be at the risk of the User\nusing such software.\n2.9.\nThe User may register more than one Account provided that a different email address is assigned to each\nof them. User with an active Subscription service may, as part of logging into Allegro, switch between any\nnumber of Accounts without the need to log into a given User’s Account each time separately. In addition,\nthey can authorize any person to use selected functions related to the processing of Transactions and\nOffers after logging into the Account. Users shall be fully responsible for any actions and omissions\nrelated to the mentioned functions performed by the authorized person.\nThe User may not use Accounts to perform acts that violate the Terms & Conditions. It is prohibited in\nparticular:\na. to participate in an Auction using more than one Account;\nb. to bid or enter into a Goods sale agreement in the case of one’s own Offers or Offers of close relatives\nor persons living with the User in the same household or other entities with which the Buyer is in\nrelations resulting in well-grounded doubts that the parties act in agreement with the aim to affect the\nresult of a given Transaction in violation of law or good practice;\nc. to complete another Registration in order to avoid the payment of amounts due to Allegro.pl for the\nservices provided on Allegro.\n2.10.\nThe User may not use other Users’ Accounts or make their own Account available to other persons,\nexcept for the following cases:\na. making the Business Account available to persons duly authorized by the User to act on their behalf;\nb. making the Regular Account available to the User’s spouse by providing the spouse’s data in an\nappropriate form. Spouses using the Account shall be jointly and severally liable for the acts performed in\nthis Account.\n2.11.\nThe Accounts shall be non-transferable save that, with the consent of Allegro.pl:\na. a Business Account may be transferred in the case of the transfer by the User to another entrepreneur\nof the rights and obligations related to the running of an enterprise or its part, in the form prescribed by\nlaw;\nb. a Regular Account may be transferred by the User to their spouse;\nc. a Regular Account User may change the Account type to a Business Account for the sole purpose of\nmaking purchases under Allegro Biznes after completing the relevant form available at\nhttps://allegro.pl/biznes/konwersja-konta. The condition for the Account change referred to in the\n\npreceding sentence is that the User has not sold Goods on Allegro in the two years preceding the date of\ncompleting the form.\n2.12.\nIf the User’s Account or activities on Allegro require additional verification of the data referred to in\nparagraphs 2.1. or 2.3., or if Allegro.pl has reasonable concerns about the security of the Account or of a\ngiven Transaction, concerning, in particular, unauthorized taking over and using of the Account by a\ndifferent person, or in case of a violation of the Allegro Terms and Conditions by the User, Allegro.pl may:\na. make using Allegro or particular services provided within Allegro conditional upon the User’s\nconfirmation of their credibility, including identity, on the basis of appropriate documents;\nb. restrict the access to particular services on Allegro for a certain period;\nc. block the User’s Account for a definite or indefinite period.\nd. use mechanisms or tools blocking bot operations or other IT or programming tools referred to in\nparagraph 10.11.\nWhen the aforementioned circumstances have ceased, Allegro.pl shall lift the said restrictions imposed\non the User.\n2.13.\nWithin 14 days from entering into the agreement referred to in paragraph 2.5., the User may withdraw\nfrom it without naming any reason. The terms and conditions applicable to agreement withdrawal,\nincluding the template withdrawal form available to the User, are set forth in the Notes of Guidance\nattached hereto as Appendix No. 8. The User may not withdraw from the agreement if they have listed\nGoods, have participated in an Auction, have used the Buy it Now option, or have had any amounts due\nto Allegro.pl for services provided on Allegro.\n2.14.\nThe User acknowledges that, when the profile picture is assigned to their Account in the cases referred to\nin paragraph 2.7 above, the profile picture may be automatically adjusted to the size that meets the\ntechnical requirements specified by Allegro.pl.\n2.15.\nAllegro.pl shall employ mechanisms ensuring an adequate level of security of Transactions and other\nservices provided at Allegro and used by the User.\n2.16.\nTransactions and other services can be performed only if an adequate level of security is ensured.\nSection 2a. ALLEGRO BIZNES\n2a.1\nA Business Account holder shall use Allegro only through Allegro Biznes. A User who does not hold a\nBusiness Account shall not use Allegro through Allegro Biznes.\n\n2a.2\nAllegro may make such features available as part of Allegro Biznes that are dedicated only to Allegro\nBiznes Users due to the fact that they use Allegro in connection with the business activity they pursue.\nAllegro may restrict, as part of Allegro Biznes, access of Allegro Biznes Users to such features that are\ndedicated only to Users who do not pursue a business activity or who use Allegro without a connection\nwith the business activity they pursue.\n2a.3\nIn addition to the payment methods listed in paragraph 5.7 below, Allegro, as part of Allegro Biznes,\nprovides Allegro Biznes Users with an option to use an additional payment method, on the terms\nspecified in the Terms and Conditions of Deferred Payment for Businesses.\n2a.4\nAs part of Allegro Biznes, the Seller, when setting the terms of the Offer, may:\na. set the Goods price by indicating the VAT rate for the Goods in accordance with the applicable laws,\nb. make the price per unit conditional upon the number of units purchased by the Buyer being an Allegro\nBiznes User in a single Transaction,\nc. enter discounts expressed as a percentage, the amount of which is conditional upon the total value of\nthe Goods purchased by the Buyer being an Allegro Biznes User in a single Transaction.\n2a.5\nBased on the VAT rate indicated by the Seller when setting the terms of an Offer, Allegro.pl shall\nautomatically display the net price of the Goods to the Buyer. Allegro.pl shall not verify whether the VAT\nrate indicated by the Seller is correct. Only the Seller shall be liable to the Buyer for any and all claims\narising from the entering or application of a wrong VAT rate.\n2a.6\nOffers by Allegro Biznes Users may be additionally marked, due to the criterion of creation as part of\nAllegro Biznes, with a word, a graphic, and a combined word & graphic designation.\n2a.7\nThe artwork, layout, search criteria, and other Allegro components as part of Allegro Biznes may differ\nfrom those available to Users not being Allegro Biznes Users to the extent that this is related to different\nfeatures of Allegro Biznes and the dedication of Allegro Biznes to entities using Allegro in connection with\nthe business activity they pursue.\n2a.8\nThe Allegro Biznes User status of a User shall not affect the possibility to access Offers by Users not\nbeing Allegro Biznes Users.\n2a.9\nA User without the Allegro Biznes User status shall have access to Offers by Allegro Biznes Users with\nlimitations arising from the fact of not having the Allegro Biznes User status.\n2a.10\n\nThe provisions of other Sections of the Allegro Terms & Conditions shall apply to Allegro Biznes directly to\nthe extent that this is not regulated otherwise in this Section 2a.\nSection 2b. THE FAMILY GROUP FUNCTIONALITY\n2b.1.\nA Family Group Manager shall be a User who is a natural person over 18 years of age, has a full capacity\nto act, does not carry out any economic activity on Allegro, has an active Regular Account, and has\ncompleted the full Registration process in any manner described in the Terms & Conditions (with the\nexception of the manner of Account activation specified in paragraph 2.6. subparagraph a. clause. ii) of\nthe Terms & Conditions). Where national laws provide for reaching the age of majority at a different age,\nthe Family Group Manager shall at least have reached said age.\n2b.2.\nA Family Group Member shall be either:\na. A User who is a natural person over 18 years of age, has a full capacity to act, does not carry out any\neconomic activity on Allegro, has an active Regular Account, and has completed the full Registration\nprocess in any manner described in the Terms & Conditions (with the exception of the manner of\nAccount activation specified in paragraph 2.6. subparagraph. a. clause ii) of the Terms & Conditions); or\nb. A User who is a natural person over 13 but below 18 years of age, insofar as he or she can acquire\nrights and assume obligations pursuant to the generally applicable provisions of law and subject to the\nrules set out in Appendix 6 to the Allegro Terms & Conditions (Junior Account principles), with an active\nJunior Account.\nand at the same time is a family member related by blood or marriage to the Family Group Manager and\nother Family Group Members.\nWhere national laws provide for reaching the age of majority or obtaining a limited capacity to perform\nlegal transactions at a different age, those national laws shall be applied.\n2b.3.\nA Family Group is set up by the Family Group Manager using an option available within their account by\ninviting the first person being their family member (including another User) via Allegro.pl to the Family\nGroup being created. The Family Group Manager shall invite other persons from their family (including\nother Users) to the Family Group by filling out an invitation form. Prior to sending the invitation, the\nFamily Group Manager shall obtain the required consents from the person to be invited, including\nconsent to providing to Allegro.pl the data of the person to be invited and to the receipt of the invitation\nby the person to be invited. When the data of the person invited is provided to Allegro.pl by the Family\nGroup Manager, the Family Group Manager shall represent that they have the right to use such data and\nthat the use thereof on Allegro and via Allegro.pl will not violate any rights of the data subject. The Family\nGroup Manager shall be liable for the truthfulness of the representation referred to in the preceding\nsentence, and they shall indemnify and hold Allegro.pl harmless from and against any liability arising in\nconnection with any use of the data on Allegro or via Allegro.pl which is unlawful or violates the rights of\nthe data subject.\n2b.4.\n\nA person (including a User) who has received an invitation to a Family Group may either accept or reject\nthe invitation within a time limit specified by Allegro.pl. Upon accepting the invitation, the User becomes a\nFamily Group Member. The invitation expires upon rejection by the person invited, cancellation by the\nFamily Group Manager, or expiry of the time limit for the acceptance or rejection of the invitation by the\nperson invited.\n2b.5.\nWithin the Family Group Functionality, every Family Group Member and the Family Group Manager can\nuse the options available to them, that is:\na. A Family Group Member may in particular:\ni. obtain information about who belongs to the Family Group,\nii. send a request to the Family Group Manager to purchase Goods,\niii. cancel a request sent to the Family Group Manager to purchase Goods,\niv. cancel their membership in the Family Group.\nb. A Family Group Manager may in particular:\ni. obtain information about who belongs to the Family Group,\nii. accept or reject a request to purchase Goods received from a Family Group Member,\niii. remove a Family Group Member from the Family Group.\n2b.6.\nHaving accepted a purchase request received from a Family Group Member, the Family Group Manager\npurchases the requested Goods using their own Account, in their own name, and on their own behalf.\nThe Family Group Member who has requested the purchase of the Goods receives information about the\nstatus of execution of their request by the Family Group Manager and delivery tracking information once\nthe Family Group Manager makes the purchase following the purchase request.\n2b.7.\nA request to purchase Goods sent by a Family Group Member to the Family Group Manager does not\npreclude that Family Group Member from purchasing the requested Goods or other Goods on their own,\nusing their own Account, in their own name, and on their own behalf.\n2b.8.\nThe Family Group Manager who has purchased Goods as a result of a request to purchase the Goods\nsent by a Family Group Member may transfer the ownership of the Goods to other persons, including the\nFamily Group Member who has sent the request to purchase that Goods. To that end, the Family Group\nManager and the purchaser of the Goods, by their own means and on their own responsibility, shall take\nthe steps required by law and pay any dues (including taxes) in connection with the transfer of Goods\nownership.\n2b.9.\n\nA Family Group shall be closed:\na. upon the removal of the last Family Group Member remaining in the Family Group by the Family Group\nManager;\nb. upon the cancellation of Family Group membership by the last Family Group Member remaining in the\nFamily Group;\nc. upon the expiry of the time limit for the acceptance or rejection of the invitation by the last person\n(including the User) invited to the Family Group out of all persons invited to join the Family Group and\nhaving the last active invitation (pending acceptance or rejection);\nd. upon the rejection of the invitation by the last person (including the User) invited to the Family Group\nout of all persons invited to join the Family Group and having the last active invitation (pending\nacceptance or rejection);\ne. upon the cancellation by the Family Group Manager of the invitation sent to the last person (including\nthe User) invited to the Family Group out of all persons invited to join the Family Group and having the\nlast active invitation (pending acceptance or rejection);\nf. upon the termination of the agreement between the Family Group Manager and Allegro.pl concerning\nthe provision of services by Allegro.pl on Allegro under the terms of the Allegro Terms & Conditions.\ng. upon the violation by the Family Group Manager or a Family Group Member of any of the provisions of\nthe Terms & Conditions, the Terms & Conditions of a service or a promotional campaign available within\nAllegro (including within the Family Group Functionality) for the Family Group Manager or a Family Group\nMember, or upon the violation of applicable laws, including where the Family Group Manager or a Family\nGroup Member took any actions that exert a negative influence on the security of operation of Allegro,\nharm other Users, are in contravention to the intended purpose or assumptions of the Family Group\nFunctionality described in the Terms & Conditions or that aim to circumvent the security measures\napplied by Allegro.pl.\n2b.10.\nAny User who meets the conditions specified in paragraph 2b.1 may simultaneously (at the same time)\nstart only one Family Group within the Family Group Functionality. Any User who meets the conditions\nspecified in paragraph 2b.2 may be simultaneously (at the same time) a member (participant) of one\nFamily Group only.\n2b.11.\nThe Family Group Manager and every Family Group Member shall use the Family Group Functionality and\nthe options available within it in accordance with the Terms & Conditions, applicable laws, and with the\nintended purpose and assumptions of the Family Group Functionality and the options available within it,\nwhich are described in the Terms & Conditions (taking into account the provisions of the Terms &\nConditions of services or promotional actions available within Allegro, including within the Family Group\nFunctionality, for the Family Group Manager or a Family Group Member). It shall be forbidden to resell or\nmake the membership in the Family Group available to other Users free of charge, including within the\nFamily Group Functionality.\n2b.11.\n\nThe Family Group Manager and Family Group Member shall accept the fact that in the event that access\nof the Family Group Manager or Family Group Member to individual Allegro services is restricted or the\nAccount of the Family Group Manager or Family Group Member is suspended, pursuant to the Allegro\nTerms & Conditions, the use of the Family Group Functionality or some options within the Family Group\nFunctionality may be impossible or limited.\nII. TRANSACTIONS\nSection 3. OFFERS\n3.1.\nOn Allegro, the Seller, when setting the offer terms, may make available to Buyers the following\nprocedures for entering into the sale agreement:\na. Only with Buy Now option, where the Seller offers to sell the Goods at a predetermined price. This\nOffer may include one or more units of the Goods;\nb. Auction, where the Seller, by putting up the Goods for sale, invites Bidders to place bids in order to\nconclude an agreement. Auction may involve only one unit of the Goods. In the case of Auction, the Seller\nmay set additionally the Buy Now option; however, if the Seller sets a reserve price on the terms set out\nin paragraph 3.2., the Buyer may use the Buy Now option only until the Bidder places a bid equal to that\nprice. If no reserve price is set by the Seller, the Buyer may use the Buy Now option until the Bidder\nplaces the first bid.\n3.2.\nIn Auction, the Seller may set a reserve price, i.e. the lowest price at which the Seller is willing to sell the\nGoods. Bids lower than the reserve price shall not result in the conclusion of the sale agreement. The\namount of the reserve price shall not be disclosed to Users until a Bidder offers the price equal to or\nhigher than the reserve price.\n3.3.\nThe aim of the Offers displayed in the listing categories: “Cars”, “Real Estate”, “Holidays”, “Live Animals”,\n“Machinery”, “Trailers, Semitrailers”, “Other Vehicles and Boats”, “Motorcycles and Quads”, “Services” and\n“Tickets” is not to conclude an agreement. These Offers are only classified ads. The Offers referred to in\nthe previous sentence may not include more than one unit of the Goods.\nThe Offers referred to in this paragraph may be presented by entities cooperating with Allegro.pl under\nseparate agreements, in particular, on websites or in online applications (including mobile applications)\noperated by them.\n3.4.\nAllegro.pl uses default sorting of Offers within the list of Offers, to adjust the order of their placement to\nthe preferences of Buyers (“Relevance”).\nThe following factors are taken into account with respect to Relevance:\n1. Offer information, such as compliance of the Offer description with the Terms & Conditions; the\nnumber of displays of the Offer in different time intervals; the number of purchases made in a\nspecific Offer; the number of Goods added by Users to the cart within a given Offer; the number of\n\nUsers who marked (or unmarked) a given Offer as Observed; the price of the listed Goods; the\nnumber of Goods listed; the number of methods of free delivery made available by the Seller\nwithin the Offer; the estimated delivery time for the Goods resulting from the Goods shipment time\nas declared by the Seller, the actual time of making this shipment and the delivery method\nprovided by the Seller in the Offer; the availability of free return options; the status of the listed\nGoods, including their features; mode of the conclusion of the sales agreement — Buy\nnow/Auction; the timeframe of the Offer; promotion options; “Official Store” distinction; placing in\nthe Deal Zone, posting the Offer in the category that corresponds best to a given type of products;\nand whether the Offer title is similar to the content of the Users’ query in the search engine\nconcerning the Goods being the subject of this Offer;\n2. Seller information, such as mainly number of positive and negative ratings; the rate of\n“recommended” ratings given by Buyers; average rating of the costs of delivery of Goods; average\nrating of compliance with Goods description; average rating of the quality of customer service\nprovided by the Buyer; timely completion of parcel tracking numbers; time of response to\nmessages from other Users; participation in the Super Seller program; the number of violations of\nAppendix No. 1 to the Terms & Conditions; the number of notices in connection with violations of\nparagraph 13.3 of the Terms & Conditions and paragraphs 1(4) and 1(7) of Appendix No. 2 to the\nTerms & Conditions.\n3.5.\nApart from the default sorting by the \"Relevance\" criterion, the User can select the following types of\nOffer sorting within Offer lists on Allegro, i.e.:\na. Price: low to high. This takes into account the criteria in the following order: Offer featured in the\nlisting, Offer matching the searched phrase and category, lowest price, highest popularity, shortest time\nuntil Offer expiration;\nb. Price: high to low. This takes into account the criteria in the following order: Offer featured in the\nlisting, Offer matching the searched phrase and category, highest price, highest popularity, shortest time\nuntil Offer expiration;\nc. Price including delivery: high to low. This takes into account the criteria in the following order: Offer\nfeatured in the listing, Offer matching the searched phrase and category, lowest price with delivery,\nhighest popularity, shortest time until Offer expiration;\nd. Price including delivery: low to high. This takes into account the criteria in the following order: Offer\nfeatured in the listing, Offer matching the searched phrase and category, highest price with delivery,\nhighest popularity, shortest time until Offer expiration;\ne. Most popular. This takes into account the criteria in the following order: Offer featured in the listing,\nOffer matching the searched phrase and category, highest popularity, shortest time until Offer expiration;\nf. Time: ending soonest. This takes into account the criteria in the following order: Offer featured in the\nlisting, Offer matching the searched phrase, shortest time until Offer expiration, Offer number;\ng. Time: newly listed. This takes into account the criteria in the following order: Offer featured in the\nlisting, Offer matching the searched phrase, shortest time from Offer publication, longest time until Offer\nexpiration.\n3.6.\n\nAllegro.pl may include the Seller’s Offer published within a Business Account in the Allegro Prices\nprogram whose detailed Terms & Conditions are provided in Appendix no. 21 hereto. As part of that\nprogram, the Seller consents for automatic reduction of the price of the Goods, as a result of which the\nBuyer can purchase it at a discounted price. In return, Allegro.pl provides the Seller with a transactional\nrebate lowering the fee due to Allegro.pl for the services performed as part of Allegro, corresponding to\nthe difference between the original and discounted price of the Goods. The Seller may exclude any of its\nOffers or Accounts from the Allegro Prices program.\nSection 4. FORBIDDEN ITEMS\n4.1.\nAs part of any Transaction, Sellers may not list Goods trading of which violates applicable provisions of\nlaw (taking into account the provisions of any foreign law that may apply in a given case) or rights of third\nparties (in particular copyrights and other intellectual property rights) as well as listing of which may be\nconsidered as violating good practice. Sellers shall not sell Goods in a given country or take any measures\nrelated to the sale in that country if that would be in contravention to the laws applicable in that country.\nIn addition, it is forbidden to publish and present any content that violates generally accepted ethical or\nmoral standards, in particular content that incites or promotes hatred, violence or any form of\ndiscrimination, including on the grounds of nationality, skin color, beliefs, religion, world-view, and also\npromotes authoritarian and totalitarian systems, as well as any content that endorses or supports such\nbehavior or systems.\n4.2.\nNotwithstanding the provisions set forth in paragraph 4.1., it is prohibited to offer items indicated as\nforbidden in Appendix No. 1 hereto.\n4.3.\nThe items referred to in paragraphs 4.1. and 4.2. may not be offered together with other Goods as free\ngifts.\n4.4.\nSome types of Goods may be offered only if additional conditions set forth in Appendix No. 1 hereto have\nbeen met.\nSection 5. COMMENCING A TRANSACTION\n5.1.\nThe Seller shall prepare an Offer by filling in the sale form available on Allegro, thus laying down all terms\nof the Transaction. The information contained in the description of the Offer may only refer to its object.\nUpon adding information or data to the description of an Offer, Allegro.pl shall acquire the right to use\nthem, in particular, to use them in any way, at any time, and at its own discretion. In particular, where the\nGoods included in the Offer are to be sold also outside Poland (among others by selecting or making\navailable foreign delivery options), the Seller shall authorize Allegro.pl to translate the Offer and its\ncomponents (including by means of automatic text translation software) into other languages and to\ndisplay the Offer. By adding information or data in the description of an Offer, the Seller declares that\nthey have the right to add them to the description of an Offer, and their use on Allegro and by Allegro.pl,\nparticularly in the manner specified in the preceding sentences, and does not violate the rights of third\n\nparties. The Seller shall be liable for the truthfulness of the declaration referred to in the preceding\nsentence.\n5.2.\nAn Offer description should be accurate and complete and must not mislead other Users, in particular, as\nregards to the properties of the Goods such as its condition, parameters, quality, origin, brand or\nmanufacturer. An Offer description should comply with applicable provisions of law, in particular, contain\nthe information required by applicable consumer protection regulations and, in addition, may not\nsuggest the use of the Goods in a manner violating applicable laws. The User shall be fully liable for the\ncontent of their Offer, also for any mistakes or inaccuracies therein.\n5.3.\nIrrespective of the provisions of paragraph 4.1, the Seller represents that they are authorized to and\ncapable of concluding and performing the agreement with the Buyer.\n5.4.\nWhen performing the acts referred to in paragraph 5.1, the Seller shall order Allegro.pl to post the Offer\non the date indicated by the Seller. If the date is not specified, the posting shall be immediate. The\nnumber of a single Seller's Offers posted simultaneously may not exceed, without Allegro.pl’s consent,\n200,000. The number of Seller's Offers concerning the same Goods, posted in the same subcategory\n(regardless of the number of Seller Accounts), may not exceed 2, and this limitation does not apply to\nGoods whose condition is marked with a parameter other than \"New\".\n5.5.\nUpon posting an Offer, the Seller is bound by its description. The Seller may introduce changes in the\nOffer until the first bid has been placed by a Bidder. In the case of an Offer with Buy Now option, the\nSeller may not effectively modify its description for the Buyers with whom they concluded a sale\nagreement as part of the Offer. The Seller may not introduce any changes in the Offer description that\nwould change the Goods on offer or its properties. Upon posting within the Offer (upon its publication on\nAllegro) any content being the subject of copyright law, in particular, such as signs, logos, images,\ndescriptions, or photos (“Content”), the User allows Allegro.pl to use this Content free of charge, non-\nexclusively and without time and territory constraints, within the scope of:\na. its storing and multiplying by using any techniques, including its recording and duplication into paper,\nelectronic, magnetic, and optic medium copies;\nb. its reproduction via telecommunications networks (including the Internet and GSM networks) by any\nmeans and techniques, in particular, such as its reproduction in such a way that anybody can access the\nContent at any chosen time and place; its exploitation in other communications networks, regardless of\nany possible use of access restrictions; its public viewing and reproduction also done by websites content\nauto-run mechanisms;\nc. its public performance, display, viewing, reproduction, transmission, and rebroadcasting;\nd. its lending and its introduction to public trading.\nThe User consent covers preparation of the Content analyses by Allegro.pl, their use in the scope in which\nAllegro.pl is authorized to use the Content, and giving further consents to the extent of the agreement\nwith Allegro.pl.\n\nThe User gives his consent to exercise his personal copyrights to the Content by Allegro.pl and declares\nthat they will not exercise these personal copyrights against Allegro.pl or against entities given by\nAllegro.pl further consent to use the Content.\nThe User warrants that they are authorized to make the aforementioned declaration, to give consents\nincluded in the Terms & Conditions, and to incorporate the Content. They also warrant that the Content\nand its use by Allegro.pl in accordance with the Terms & Conditions do not infringe any third party rights.\nThe User shall release Allegro.pl and entities given by Allegro.pl further consent to use the Content from\nany liability arising from the use of the Content in accordance with the Terms & Conditions\n5.6.\nDetailed principles of creating an Offer, including its description, uploading images and using additional\noptions concerning its presentation and promoting are set forth in Appendix No. 2 hereto.\n5.7.\nSeller is obligated to accept Buyer’s payments for transactions completed via any payment service\navailable on Allegro for the country of the Seller's registered office, including Allegro gift cards. Depending\non the Buyer’s choice of payment method, service of the payment execution shall be processed under\nconditions set forth in Appendix No. 7A, Appendix No. 7B, Terms & Conditions, or the Allegro gift card\nTerms & Conditions.\n5.8.\nBesides enabling Buyer to perform payment for Goods via services mentioned in art. 5.7., Sellers may\nallow Buyers to complete payments for Goods also by using the “cash on delivery” option, or by paying\ndirectly at the place of the Goods collection.\n5.9.\nTo post Offers in categories: Collections > Investment Products and Collections > Numismatics >\nCollectible Gold Coins, the Seller shall meet all of the following conditions:\na. satisfy the requirements set out in paragraph 2.14 of Appendix No. 1 to the Allegro Terms &\nConditions;\nb. after logging in to the Account which will be used to publish an Offer in the aforementioned categories\n– submit a notification through the contact form available at https://allegro.pl/pomoc/kontakt and obtain\nAllegro.pl approval in the form of an email sent to the User’s email address assigned to their Account.\n5.10.\nWhen completing the form in the Sales > Sales Settings >Delivery Settings tab, the Seller may specify\nquick dispatch hours (Same-Day Dispatch) which is a declaration that Goods will be dispatched on the\nsame day provided that the Transaction is completed by the time (including the payment) specified by the\nSeller, which may differ depending on the carrier type, and the day of the week. Information about Same-\nDay Dispatch is visible in the Seller’s Offer. Allegro.pl reserves the right to refuse to publish the\ninformation referred to in the preceding sentence if the Seller fails to meet the requirements specified at\nhttps://allegro.pl/dlasprzedajacych/wysylka-tego-samego-dnia-dla-wybranych-przez-ciebieprzewoznikow-\ni-dni-tygodnia-2YRGlGOgLfR#wymagania-jakie-nalezy-spelnic-abykupujacy-zobaczyli-informacje-o-\nwysylce-tego-samego-dnia-w-twoich-ofertach\n\n5.11.\nAllegro.pl provides Buyers with the Return Policy which allows them to return the Goods acquired on\nAllegro, using a specific form (the “Form”), in accordance with the standards and conditions specified in\nthat policy.\n5.12.\nIn light of the fact that Buyers are provided with the Return Policy, as referred to in paragraph 5.11above,\nthe Seller that has a Business Account or a User conducting business operations shall be obliged to fill\nout the relevant Goods return form (available in the “Return Terms & Conditions” tab) in total, and assign\nit to their Offers. Additionally, it is required to comply with the following rules:\na. in case of the Buyer’s withdrawal from the agreement, if the Goods have not been sent by the Seller yet\n– the Seller shall return the funds paid by the Buyer for the Goods, within 2 business days from the date\nof the Buyer’s cancellation of the Transaction;\nb. in case of the Buyer’s withdrawal from the agreement, other than referred to in sub-paragraph a.\nabove – the Seller shall return the funds paid by the Buyer for the Goods, within 7 calendar days from the\ndate when the Seller receives the returned Goods, yet no later than 14 days from the date of receipt of\nthe Form filled out by the Buyer;\nc. in case of a complaint about the Goods purchased by the Buyer that only requests the refund of the\namounts paid – to process the complaint within 14 calendar days from the date of receipt of the Form\nfilled out by the Buyer, and if the complaint is accepted – to make a prompt return of the amounts paid\nby the Buyers for the Goods;\nd. to adjust the delivery method for the returned Goods to their properties and size;\n5.13.\nUpon the conditions set out in Appendices No. 7A and 7B to the Terms & Conditions:\na. in the case referred to in paragraph 5.12.a above, the Seller may ask the payment services operators\nreferred to in Appendices 7A and 7B of the Terms & Conditions, on the basis of information provided by\nAllegro.pl, to pay out the funds available in the settlement tool kept for the Sellers in order to return the\namounts paid by the Buyers for the Goods;\nb. in the case referred to in paragraph 5.12.b and c above, the Seller may ask the payment services\noperators referred to in Appendices 7A and 7B of the Terms & Conditions, on the basis of information\nprovided by Allegro.pl, to temporarily suspend the payouts of funds available in the settlement tool kept\nfor the Sellers in order to return the amounts paid by the Buyers for the Goods, as well as to submit\ninstructions concerning such returns.\nSection 6. COURSE OF TRANSACTION\n6.1.\nAccepting the terms presented by the Seller in the Offer, the User, in order to purchase the Goods, shall\nparticipate in Auction or select the Buy Now option, subject to paragraph 3.3 hereof. In the performance\nof the aforementioned acts, the User shall fill in an appropriate form available on the Offer webpage and\nconfirm their choice.\n\n6.2.\nUpon placing a bid in the Auction process, the personal data regarding the name of the Bidder’s Account\n(login) shall be disclosed to the Seller.\n6.3.\nFrom the time of posting the Offer, Users may ask the Seller questions regarding this Offer or the\nTransaction related to the Offer in the following way:\na. Using the relevant “Ask the Seller” form available in the Offer\nb. Using the “Write a message” option in the Message Center functionality available in the User’s Account\nsettings\nin both cases subject to paragraph 13.6.\n6.4.\nWhen joining the Auction process, the Bidder shall indicate the maximum price for the Goods that they\nundertake to pay if they win. The Bidder may change the maximum price in the course of the Auction, but\nmay not offer an amount lower than or equal to the current price in the Auction. The subsequent Bidder\nmay outbid the previous Bidder, depending on the current price of the Goods, by an appropriate\nincrement amount as per the table below:\nThe highest price offered at a time\nIncrement amount\nPLN 1.00–24.99\nPLN 0.50\nPLN 25.00–99.99\nPLN 1.00\nPLN 100.00–249.99\nPLN 2.50\nPLN 250.00–499.99\nPLN 5.00\nPLN 500.00–999.99\nPLN 10.00\nPLN 1,000.00–2,499.99\nPLN 25.00\nPLN 2,500.00–4,999.99\nPLN 50.00\nPLN above 5,000.00\nPLN 100.00\nAllegro.pl reserves the right to verify Users purchasing Goods in Offers from the “Collections and Art”\ncategory in the case of the Bidders who during the Auction have offered an amount higher than or equal\nto PLN 1,000.00 or the Bidders for whom the total amount of their currently made bids is higher than or\nequal to PLN 1,000.00. For this purpose, Section 2, sub-paragraph 2.12.a. of the Allegro Terms &\nConditions shall apply mutatis mutandis.\n6.5.\n\nBids made by Bidders shall bind such Bidders unless the Seller rejects them. A Bidder’s bid may be\nrejected only before the Auction ends:\na. on a Bidder’s request or\nb. when the Seller has reasonable doubts as to the Bidder’s credibility;\nc. in the case of theft or destruction of the Goods during the Auction;\nd. due to the Auction closure in the cases referred to in paragraph 6.8.b.\n6.6.\nA proposal to enter into an agreement with the Seller made by the Bidder whose Account will be blocked\nbefore the end of the Auction shall cease to be binding. Information on the Bidder’s Account block shall\nbe posted on the Auction webpage.\n6.7.\nAn Offer shall be closed after the period specified in its terms by the Seller or when all units of the Goods\noffered in Offers with Buy Now option are sold. An Offer may be closed earlier:\na. upon the Seller’s decision referred to in paragraph 6.8.;\nb. upon Allegro.pl’s decision in the cases referred to in sub-paragraph 8.2.b.\n6.8.\nThe Seller may close their Offer at any time. In the case of:\na. an Offer with Buy Now option — sale agreements concluded so far as part of such an Offer shall be\nbinding;\nb. Auction — winners shall be determined according to the status as of the time of its closing pursuant to\nparagraph 7.2.\n6.9.\nGoods price should be determined in accordance with generally applicable provisions of law. Apart from\nthe Goods price, the Seller may charge the Buyer only with the shipping costs as specified in the Offer\nand only in the actual amount.\n6.10.\nAppendix No. 3 hereto sets forth an action plan for scheduled technical breaks and technical failures, in\nparticular, their impact on posted Offers.\nSection 7. AGREEMENT CONCLUDED AS PART OF THE OFFER\n7.1.\nAllegro.pl is not a party to any Goods sale agreements made between Users and does not ensure that the\nSellers and the Buyers are authorized to enter into and perform such agreements. Where a User\n\nconcludes an agreement with another User that has its registered office or habitual residence outside\nPoland, this might result in the Transaction being covered by the provisions of foreign law.\n7.2.\nAn agreement shall be concluded with the winner of the Auction. The winner of the Auction shall be the\nUser who, upon its closure, offered the highest price for the Goods and their bid was at least equal to the\nreserve price if such a price was specified by the Seller (accepting the winning bid). If several Bidders\nplaced bids indicating the same highest price, the Bidder who bid as the first offering the highest price\nshall become the winner.\n7.3.\nThe Buyer shall enter into an agreement with the Seller, confirming the purchase using the “Buy and Pay”\nbutton, or a similar one, subject to paragraph 3.3. Each purchase and some payment methods may be\nadditionally confirmed mobile device’s biometric data, where this functionality has been enabled (the\nbiometric data is stored on the device and is not made available to Allegro).\n7.4.\nThe confirmation of entering into an agreement between the Buyer and the Seller shall be sent\nautomatically by email (or alternatively by other means of electronic communication) and shall be for\ninformation purposes only. In the email referred to in the previous sentence, the parties to the\nagreement shall receive the data currently appearing in their Account settings, i.e. Ask the Seller, email\naddress (encrypted by Allegro.pl), contact number, address. In the event when the Seller’s registered\noffice as set in the Account settings is outside the European Economic Area or the Offer has been marked\nin the “Delivery details” field as “Non-EAN Offer”, the data referred to in the previous sentence will be sent\noutside the European Economic Area. If the Buyer selects a shipping method as part of which the shipped\nitem is assigned a tracking number, information regarding shipment tracking may be made available to\nAllegro.pl directly by the carrier or the Seller if the number of the parcel is made available in the\n“Purchased” tab displayed after logging in to the Account, the Buyer shall be sent an additional email\nmessage with the carrier’s name, shipment tracking number and a link to track the shipment.\n7.5.\nUnless the parties to the Transaction have agreed otherwise, the Buyer shall pay for the Goods within 7\ndays in the case of Offers with the Buy Now option, within 14 days in the case of Offers with the Buy Now\noption for which the Buyer has chosen payment with a traditional bank transfer or within 30 days in the\ncase of Auctions. The Buyer’s failure to pay for the Goods in a timely manner will result in Allegro.pl\nautomatically canceling the Transaction (except for the “OTC drugs” category), which has no impact on\nthe civil-law effects of the sale contract concluded between the Users and does not release them from\nthe obligation to render performances towards each other under the legal relation arisen.\nSection 8. ROLE OF ALLEGRO\n8.1.\nAllegro.pl shall not be held liable for Users’ conduct on Allegro and for the undue performance or failure\nto perform Transaction-related agreements, and also for the consequences of actions performed by\nUsers or third parties which violate the provisions hereof. In particular, Allegro.pl shall not be held liable\nfor the quality, safety, and legality of Goods sold in Offers, Sellers’ capacity to sell, Buyers’ solvency, and\nthe veracity and accuracy of data and other contents provided/submitted by Users within Allegro.\n\nAllegro.pl, on the terms set forth in Appendix No. 9, shall grant compensations to the Buyers who have\nsuffered damage as a result of the Seller’s dishonest conduct. At the same time, Allegro.pl shall be liable\nfor the performance of agreements concluded on Allegro, in connection with its own sale of Goods, in\naccordance with generally applicable laws and regulations and the terms of Allegro.pl’s Offers.\n8.2.\nIf an Offer violates the Terms & Conditions or any applicable laws and regulations, Allegro.pl may:\na. change Allegro category indicated by the Seller, in which the Offer is posted;\nb. close before its deadline or delete an Offer with Buy Now option; however, agreements concluded\nbetween Users as part of such an Offer until such closure shall remain valid;\nc. delete Auction, causing it to be no longer available on Allegro, and all hitherto activities of Bidders\nperformed as part of it shall have no effect;\nd. refuse to post the Offer.\n8.3.\nAllegro.pl may verify Users’ compliance with the Terms & Conditions. Such a verification may be carried\nout, in particular, by checking if Users observe relevant provisions of the Terms & Conditions. The\nverification shall be carried out, in particular, by establishing contact with a given User and\nrecording/documenting such contact.\n8.4.\nIf any User’s actions violate the Terms & Conditions, Allegro.pl may:\na. issue a notice to the User by email,\nb. warn the User by email;\nIssuing a notice and a warning to the User does not directly result in the suspension of the User’s Account\nor in restricting access to particular services provided within Allegro, it is only to inform that in the event\nof further violation of the provisions of the Terms & Conditions, Allegro.pl may suspend the Account or\nrestrict the User’s access to particular services provided within Allegro.\nIn case of repeated or material violations of the Terms & Conditions understood as\n1. failure to pay the amounts due to Allegro.pl within the set time limit,\n2. the provision by the User of incomplete or false contact details (e.g. name, company, address) in\nthe Account settings,\n3. disposal of the Account by the User without Allegro.pl consent,\n4. making the Account available by the User to other persons contrary to paragraph 2.10 of the Terms\n& Conditions,\n5. Publication of Offers, the subject of which is Forbidden Goods specified in Attachment No. 1 to the\nTerms & Conditions or Restricted Goods, where the User has not fulfilled the conditions necessary\nto list such Goods, which are specified in Attachment No. 1 to the Terms & Conditions,\n\n6. Infringing the rules on posting Offers set forth in Appendix No. 2 to the Terms & Conditions,\n7. Registration of multiple Accounts and their use contrary to the rules specified in paragraph 2.9 of\nthe Terms & Conditions,\n8. Sending spam messages to other Users,\n9. Decrease of the overall quality (in the “My Sales Quality” tab) to the “Requires improvement” or to\nthe “Unacceptable” level,\n10. Taking actions to avoid the payment of fees or sales commissions billed by Allegro.pl,\n11. Infringing on the rating system rules set forth in Section 11 of the Terms & Conditions,\n12. Making purchases for purposes other than completing a Transaction,\n13. Infringing the rules on ordering Allegro.pl to post Offers set forth in paragraph 5.4. of the Terms &\nConditions,\n14. Infringing the rules on rejecting bids made by Bidders set forth in paragraph 6.5. of the Terms &\nConditions,\n15. Infringing the rules set forth in paragraphs 10.1., 10.3, and 10.10 of the Terms & Conditions,\nAllegro.pl may:\nc. temporarily restrict the User’s access to respective services provided on Allegro, in particular, restrict\nthe User Account’s functionality for a definite or indefinite period;\nd. suspend one, more, or all of the User’s Accounts for a definite or indefinite period.\nAllegro.pl shall notify the User about the suspension of the Account or restriction of access to specific\nservices via email, indicating the reasons for the suspension or restriction of access to the Account. The\nUser may appeal against the decision of Allegro.pl in accordance with the provisions of Section 16 of the\nTerms & Conditions.\nIn the case of failure to respond and present an exhaustive explanation concerning the correctness of the\nperformance of the contract concluded between the Buyer and the Seller as part of the Discussion within\nthe time limit specified in paragraph 10.2 of the Terms & Conditions, Allegro.pl may make the use of\nAllegro conditional upon the User’s confirmation of his/her due performance of the contract concluded\nas a result of the Transaction.\n8.5.\nRegardless of whether Allegro.pl applies the provisions of paragraphs 8.2, 8.3 or 8.4 hereof, the User shall\nbe fully liable for their acts and omissions related to the use of Allegro, in particular, the User may be held\nliable for damages towards Allegro.pl or other Users.\nWhere the User uploads to Allegro.pl profile pictures, as referred to in Section 2, paragraph 2.7 of the\nTerms & Conditions, the User shall represent that they are authorized to use the said profile picture for\nthe purposes specified in the Terms & Conditions and that the use of the same on Allegro and by\nAllegro.pl does not violate any third-party rights. The User shall be liable for the truthfulness of the\n\nrepresentation referred to in the foregoing, and hold Allegro.pl harmless against any liability arising in\nconnection with the use of the profile picture on Allegro which is unlawful or violates third-party rights.\n8.6.\nIn case of blocking the Account, the User may only access the Account and use those functions which\nmake it possible to pay amounts due to Allegro.pl and finalize agreements concluded before the Account\nblock; however, the User may not use any other services provided on Allegro by Allegro.pl. Any Offers\nposted in a blocked Account shall be deleted. The outcomes of Auctions with the participation of the\nBidder whose Account has been blocked shall be decided in accordance with paragraph 6.8.\n8.7.\nThe User whose Account has been blocked or its functionality restricted as referred to in paragraphs 2.12\nand 8.4 may neither register a new Account nor use another Account without Allegro.pl’s prior consent.\n8.8.\nIn the cases referred to in paragraph 8.9. below, payment service providers specified in Appendices Nos.\n7A and 7B, acting upon the order of Allegro.pl in relation to the Seller’s authorization resulting from the\nagreement executed under the Terms & Conditions, and on the basis of the information provided by\nAllegro.pl, are entitled to temporarily withhold the payout of the Seller’s funds in cases and on conditions\nprovided for in detail in Appendices Nos. 7A and 7B of the Allegro Terms & Conditions (“Payout\nWithholding”).\n8.9.\nAllegro.pl may qualify a Seller’s Account for Payout Withholding in the following cases:\na. in Transactions in which there is a higher probability that Buyers would request the payment of\ncompensations under the Buyer Protection Program referred to in Appendix No. 9 of the Allegro Terms &\nConditions or\nb. in the case of the Sellers who conduct activity as part of a Business Account as an entity whose\nregistered office, registered business, or actual place of business are outside the European Economic\nArea or the United Kingdom of Great Britain and Northern Ireland.\nc. in the case of Sellers who post Offers in categories referred to in paragraph 5.9 above.\nd. in other cases specified in the Terms & Conditions of separate services.\n8.10.\nAllegro.pl shall order payment service providers specified in Appendices Nos. 7A and 7B to apply Payout\nWithholding in the cases of the Accounts referred to in paragraph 8.9.a above, for which the turnover\nfrom Offers in the “Phones and Accessories” category exceeded PLN 600,000 (six hundred thousand zloty)\nin the last 6 months counted from the last day of the month preceding the date of the qualification of the\nSeller’s Account for Payout Withholding, and which have met at least one of the following conditions:\na. at least 25% of the value of Transactions made within 60 calendar days preceding the date of the\nqualification of the Seller’s Account come from Offers for which the Goods delivery time declared by the\nSeller as at the date of concluding the agreement with the Buyer exceeds 7 working days;\n\nb. the number of Discussions ended as unresolved for the Seller, who, in the last 60 days, concluded\nmore than 1000 agreements, which has exceeded 0.2% of the number of all agreements concluded at\nthat time. If in the last 60 days, the Seller concluded less than 1000 agreements, the number of\nDiscussions ended as unresolved in this period has exceeded two.\nc. the number of Discussions opened by Buyers within 60 calendar days preceding the date of the\nqualification for Payout Withholding exceeds 10 and, at the same time, for more than 10% of them the\nSeller has not given their response and has not presented exhaustive explanations within 24 hours from\nbeing accused of any misconduct by the Buyer, with Saturdays, Sundays, and other public holidays being\nexcluded from such response time;\nd. in the period of 60 days immediately preceding Payout Withholding, pursuant to paragraphs 2.12 and\n8.4 of the Allegro Terms & Conditions, the Seller’s access to particular services provided on Allegro was\nrestricted temporarily or one, several or all their Accounts were suspended for a definite or indefinite\ntime;\ne. the Seller’s average rating on the date of the qualification for Payout Withholding is below 4.900 (four\nand nine tenths).\n8.11.\nAllegro.pl shall order payment service providers specified in Appendices Nos. 7A and 7B to apply Payout\nWithholding in the case of the Accounts referred to in sub-paragraph 8.9(c) above, immediately after\npositive verification of the Notification referred to in paragraph 5.9 above by Allegro.pl.\n8.12.\nAllegro.pl has access to the following categories of User data: data on the Offer, including, in particular,\nthe content of the Offer; data identifying the Buyer as part of the Transaction; data on the Transaction —\nin particular the payment method, item receipt address, delivery method, additional remarks, as well as it\ncan have access to the content of messages sent between the Buyer and the Seller, including as part of\ndiscussions and disputes and the handling of correspondence at the Sellers’ request in the case referred\nto in paragraph 13.6. Allegro.pl manages the above-mentioned data categories in relation to all Offers\nand Transactions, subject to the reservation that in the case referred to in paragraph 13.6. access to the\ncontent of the message applies only to Business Accounts.\nThe User does not have access to all data which are available to Allegro.pl. The User has free of charge\naccess to data relating to their actions as part of Allegro, in particular, relating to the quality of sale\ncarried out through Allegro, including among others the value of turnover, completed orders; canceled\norders; numbers of shipments filled in within the time limit; which part of the delivery is completed within\nthe time limit — as compared to all orders within the last 30 days which were delivered to the buyers\nwithin the time limit declared by the Seller in offers; and information about the quality of sale of the\nSeller in comparison with other Sellers on Allegro — how many sellers have better or worse quality than\nthe Seller. On Allegro Lokalnie only data on individual completed Transactions is available.\nAllegro.pl enables paid access to certain statistical data relating to the sale as part of the Allegro platform.\nStatistical data relating to the sale as part of Allegro are stored by Allegro.pl also after the termination of\nthe Agreement with the User.\nAllegro.pl has access to personal data of Users, rules of such access and period of storage, and rules of\ndeleting such data are specified in Appendix No. 5 to the Terms & Conditions.\n\n8.13.\nAllegro.pl as Seller on Allegro due to technical-management reasons uses a different return form from\nother Sellers.\nSection 9. FEES AND SALES COMMISSIONS\n9.1.\nServices provided on Allegro by Allegro.pl shall be paid services. The Seller shall be charged with all fees\nand sales commissions. Such amounts payable shall be charged on an ongoing basis and presented for\npayment for consecutive settlement periods. The settlement period shall be a calendar month.\n9.2.\nFees and sales commissions for services provided on Allegro by Allegro.pl shall be paid by the User to\nthe bank account indicated in their Account settings.\n9.3.\nAny User’s actions aiming at or resulting in avoiding the payment of fees or sales commissions billed\nby Allegro.pl are prohibited.\n9.4.\nAllegro.pl shall issue invoices for services provided on Allegro in accordance with data provided in\nAccount settings; however, Users of Regular Accounts shall be issued invoices upon their request.\n9.5.\nAmounts of fees and sales commissions for respective services, terms of collecting, billing and settling\nthem, and terms of awarding transaction rebates on amounts payable for services provided by Allegro.pl\nin a given month, and also the method of their calculation as well as the terms of issuing and sending\ninvoices are provided for in Appendix No. 4 hereto.\nSection 10. OTHER OBLIGATIONS OF USERS\n10.1.\nAll actions of Users on Allegro should comply with the Allegro Terms and Conditions, good practice, and\napplicable provisions of law, including consumer protection laws. A User may not take actions\ncontravening the Allegro Terms and Conditions, good practice, and applicable provisions of law or any\nactions which adversely affect the security of Allegro operations or are detrimental to other Users.\n10.2.\nA User must explain the correctness of the performance of the agreement concluded between the Buyer\nand the Seller. The Seller must give their response and present exhaustive explanations in the Discussion\nwithin 24 hours from being alleged of any misconduct by the Buyer, with Saturdays, Sundays, and other\npublic holidays being excluded from such response time.\nWhen the Discussion concerns undelivered Goods and the time limit to deliver them has lapsed, the\nSeller is obliged to resolve the problem reported by the Buyer within 7 days. The following shall, in\nparticular, be regarded as a resolution of the problem:\nposting the parcel tracking number to show that the delivery is in progress or that the parcel has\nbeen delivered,\n\nrefunding the amount paid to the Buyer through Allegro Finance or posting the refund\nconfirmation in the Discussion.\nAfter the lapse of 7 days, Allegro enables the Buyer to mark the Discussion as unresolved. If the Buyer’s\nproblem is unresolved and they decide to use the Buyer Protection Program and receive a refund, the\namount paid to the Buyer will be charged to the Seller in accordance with paragraph 10 of Section 4 of\nAppendix No. 9 of the Allegro Terms & Conditions.\nOtherwise, the Seller will have 14 days since the start of the Discussion to resolve the Buyer’s problem.\n10.3.\nThe number of Discussions ended as unresolved for the Seller, who, in the last 60 days concluded more\nthan 1000 agreements, should not exceed 0.2% of the number of all agreements concluded at that time.\nIf in the last 60 days, the Seller concluded less than 1000 agreements, the number of Discussions ended\nas unresolved in this period may not exceed two.\n10.4.\nThe Seller must respond to the Buyer’s message within 24 hours of its receipt, provided that this deadline\ndoes not fall on a Saturday, Sunday, or a public holiday.\n10.5.\nWhere, for the ordered Goods, the Buyer selects a shipment method which is registered by the carrier\nand has been given a tracking number, if the carrier has not made the data available to Allegro.pl directly,\nthe Seller shall immediately enter in the order tab (my sales -> orders) the correct tracking number (as\nassigned by the carrier on dispatch) and the dispatch time shall take place within the time frames\nspecified by the Seller in the “Shipment dates” section of the offer listing form.\n10.6.\nIn Allegro, the Sellers have been given access to the “My Sales Quality” tab where based on the individual\nratings in the following areas:\na. Buyers’ ratings (containing e.g. Buyers’ Recommendations, Buyers’ Experience/Satisfaction);\nb. Order processing (containing e.g. the Orders processed, Package numbers entered within the time\nframes specified in the Terms & Conditions);\nc. Client Services (containing e.g. Active Discussions, Timely responses to questions asked in the\ndiscussions, level of fulfillment of the criteria referred to in paragraph 5.12 of the Allegro Terms &\nConditions);\nd. Attractiveness of the Offer (containing e.g. Active payment methods, Percentage of Offers with Allegro\nSmart!);\ne. Compliance with the Terms & Conditions (e.g. Deleting Offers, Policy Warnings);\nThe Seller’s quality is determined at one of the following levels:\na. Super+\nb. Super\n\nc. Good\nd. Neutral\ne. Requires improvement\nf. Unacceptable\nThe data included in the “My Sales Quality” tab are calculated on a daily basis and they cover the previous\n30 days. The calculation may be delayed by no more than 3 days for technical reasons. If that is the case,\nthe data from the last calculation, as available in the “Quality of my sales” tab, shall be treated as binding.\n10.7.\nThe Seller shall maintain the quality of the sales at least at the general “Neutral” level. The quality level\nmay affect the User’s participation in the bonus programs and benefits available on Allegro (e.g. special\nconditions of participation in the Deal Zone). The detailed rules on how the quality described in the “My\nSales Quality” tab affects the individual programs are provided in the programs’ terms and conditions.\nWhere the User’s general quality (in the “My Sales Quality” tab) drops to the “Requires improvement” or to\nthe “Unacceptable” level, Allegro.pl shall have the right to take the measures referred to in paragraph 8.4\nof the Terms & Conditions.\n10.8.\nUsers should archive by themselves the information on agreements concluded on Allegro.\n10.9.\nAny materials, including graphical elements, layout and composition thereof, trademarks, and other\ninformation available on Allegro webpages are subject to the rights of Allegro.pl or Users. These elements\nare subject to the author’s property rights, industrial property rights, including rights from the\nregistration of trademarks and rights to databases and, as such, are subject to statutory legal protection.\n10.10.\nDownloading or using materials available on Allegro in any way (including data and other types of\ninformation) shall each time require the consent of Allegro.pl and shall not violate any provisions hereof\nand generally applicable provisions of law, and shall not violate any interests of Allegro.pl and Users. The\nfollowing shall be prohibited:\na. third-party use of indications to which Allegro.pl holds rights, including characteristic graphical\nelements, in particular, such as logos, images, descriptions, or other types of indications;\nb. aggregating and processing data and any other information available on Allegro for the purpose of\nusing it within the activity pursued (including operating other Internet websites), as well as sharing them\nfurther on other websites or outside the Internet, including:\ni. extracting (scraping) such data and information, in particular, with the use of bots and other IT or\nprogramming tools (including but not limited to tools for data exploration, collection, or extraction),\nc. using the Allegro designation or similar designations in the Account login if this can mislead other\nUsers about the entity using the given Account or its affiliation with Allegro.pl\n\nd. using designations in the Account login which can mislead other Users about the entity using the given\nAccount.\n10.11\nIt is forbidden to use bots and other IT or programming tools (including but not limited to tools for data\nexploration, collection, or extraction), including tools which:\na. generate or may generate increased traffic on Allegro, in particular, such that multiply the number of\nvisits of Allegro sites, causing an excessive burden for the IT systems,\nb. are malware (including viruses) or may be used to infect Allegro’s IT resources or infrastructure with\nmalware (including viruses),\nc. serve for making cyberattacks (including network attacks, in particular, DDoS attacks), when using\nAllegro, in relation to using Allegro as well as for the purpose of using Allegro.\n10.12\nAllegro.pl ensures that Buyers receive the following information:\na. that the Seller has received funds for a payment made using payment methods available on the\nPlatform;\nb. that the User may track a parcel containing the Goods, being delivered as part of services provided by\ncarriers, identified in detail at https://allegro.pl/dla-sprzedajacych/przewoznicyzintegrowani-zallegro-\n4RY6gLKLZSD and about its respective delivery stages;\nc. with requests to rate a Transaction;\nd. about Transaction status (in progress, ready for shipping, shipped) where the Seller uses for shipment\nthe services of carrier listed at https://allegro.pl/dla-sprzedajacych/przewoznicy-zintegrowani-z-\nallegro4RY6gLKLZSD or uses tools for automatic Transaction completion available in the “Orders” tab or\nvia API through automatic communication channels, i.e., channels that enable contacting the Users via\nemails, notifications displayed in the User Account in connection with the Transaction concluded, mobile\napp push notifications, and statuses available in the “Purchase History” tab.\nDue to the above, the Seller undertakes not to send any additional messages to Buyers containing only\nthe above-mentioned information by using the above-mentioned automatic communication channels\nmade available by Allegro.pl.\nThe above provision shall not apply where it is the Buyer who initiates contact in connection with a\nconcluded Transaction, and the Seller only responds to it.\nSection 11. RATING SYSTEM\n11.1.\nOn Allegro, Users may use a descriptive and graphical (i.e. graphical sale assessment) rating system to\nexchange subjective opinions on the course of Transactions and performance of agreements. If Users\nhave concluded an agreement, the Buyer, within 90 days from the date of concluding the agreement that\nis from the day and hour of the concluding may rate the Seller, whereas this time limit is calculated to the\n\nhour. The Seller who receives a “not recommended” rating may respond to it once. It is not possible to\nrate the Seller when the Buyer has not activated their Account or their Account is blocked.\n11.2.\nIn descriptive Rating, a User may recommend or not recommend the purchase. In graphical rating for the\nsale, the Buyer may give 1 to 5 points to assess the agreement performance by the Seller in terms of the\nfollowing parameters:\nconsistency with Goods description\nshipping cost\nbuyer service\n11.3.\nRating shall always be assigned to a particular Account and a specific Transaction. A User shall be liable\nfor the content of their rating and responses.\n11.4.\nThe content of rating and responses shall be public information available to all visitors to Allegro.\n11.5.\nRating and responses should be consistent with the actual course of Transactions and may not contain:\na. vulgarisms, content that is obscene or pornographic, or inciting to hatred, racism, xenophobia;\nb. Users’ contact details or logins;\nc. website addresses or content of advertising nature.\n11.6.\nA User may not participate in any Transaction solely for the purpose of leaving a rating (e.g. to artificially\nincrease or decrease the Seller’s credibility).\n11.7.\nAllegro.pl shall not interfere with the content of any rating or responses; however, it reserves the right to\ndelete or block the possibility of their posting in justified cases when:\na. they violate the provisions of the Terms & Conditions, in particular, of Section 11, paragraphs 11.5 or\n11.6;\nb. they have been posted for a wrong User or Transaction by mistake if their content explicitly indicates\nthat a mistake has been made;\nc. the content of a rating explicitly indicates that a mistake has been made as to its type;\nd. the content of a rating contains characters that make that rating illegible; this shall not apply, however,\nto the special characters specific to the language in which the rating was published;\n\ne. Allegro.pl receives the Buyer's request to remove the rating.\n11.8.\nParties to a concluded agreement shall have the possibility to agree on the deletion of ratings and\nresponses to it using for this purpose an appropriate form available on Allegro. Rating shall be deleted\nupon the satisfaction of all the following conditions jointly:\na. the deletion request must be submitted by the Seller within 21 days from the date of receiving the\nrating;\nb. the Buyer must agree to comply with such a request not later than within 14 days following its receipt.\n11.9.\nFollowing the deletion of a rating according to the procedure provided for in Section 11 paragraph 11.7.,\nthe Buyer may re-assess the course of the Transaction within 90 days from the date of concluding the\nagreement related to a particular Offer.\n11.10.\nUsers may post on Allegro their reviews concerning Goods, including their disadvantages and\nadvantages. They are presented in Offers in the “Product review” tab.\n11.11.\nReviews posted in the “Product review” tab are Users’ subjective opinions. Users shall be liable for the\ncontent of their opinions expressed in such reviews.\n11.12.\nA User’s review may not violate applicable provisions of law, including third-party rights; in particular, it\nmay not be defamatory, violate personal rights, or constitute an act of unfair competition. At the same\ntime, regarding the rules of posting reviews by Users, the provisions of Section 11, paragraphs 11.5 and\n11.6 shall apply accordingly.\n11.13.\nAllegro.pl reserves the right to edit or delete reviews in justified cases, when a review:\na. is a subsequent review referring to the same Goods;\nb. refers to a different Goods than the reviewed one;\nc. violate the rules set forth in Section 11 paragraph 11.12.;\nd. violates applicable provisions of law, good practice or offends religious feelings;\ne. infringes patent rights, copyrights, business secrets or other intellectual property rights, or personal\ndata protection rights;\nf. is only a summary of a film, book or record, etc.;\n\ng. is fully or partially copied from other Users, the manufacturer of the reviewed Goods or from other\navailable sources;\nh. it contains characters that make the review illegible; this shall not apply, however, to the diacritica\ncharacters specific to the language in which the opinion was published.\n11.14.\nBy posting a review, the User consents to its use, free of charge, by Allegro.pl or other entities\ncooperating with Allegro.pl under separate agreements, and to its modification within the\naforementioned scope.\nIII. FINAL PROVISIONS\nSection 12. OTHER SERVICES\n12.1.\nAllegro.pl may provide Users with other services supporting the main activity of Allegro.pl or facilitating\nthe use of the services of Allegro.pl by Users, including the financing, securing or advertising of\nTransactions, on the terms set forth in the terms and conditions of such services, as well as services\ninvolving the intermediation by Allegro.pl in the conclusion of agreements on the provision of third-party\nservices.\n12.2.\nAllegro.pl may provide Users with information about services and service offers of third-party suppliers\n(e.g. who offer financial services, including insurance services), facilitating the use of the services of\nAllegro.pl by Users, including the financing, securing or advertising of Transactions.\n12.3.\nAllegro.pl intermediates in concluding agreements and provides services related to financing and\nsecuring Transactions such as insurance for the Goods, consumer loan for the purchase of Goods\n12.4.\nCurrently, on Allegro, Seller cannot provide transaction-related services identical to those mentioned in\nparagraph 12.3.\nSection 13. PRIVACY AND CONFIDENTIALITY\n13.1.\nPersonal data provided by Users in designated areas shall be processed by Allegro.pl pursuant to the\napplicable provisions of law and the privacy policy set forth in Appendix No. 5 hereto.\n13.2.\nUsers’ personal data may be disclosed to other Users only in the cases set forth herein for purposes\nrelated to the Transactions and in other cases with the prior consent of the data subject.\n13.3.\n\nA User shall not disclose to third parties any information related to other Users received from Allegro.pl\nin connection with the use of Allegro unless the User has obtained the prior consent of the User who is\nthe data subject. In particular, the use of such information for commercial purposes, in particular, to\npromote in any form the activities of any User carried out outside Allegro shall be prohibited.\n13.4.\nThe use of the information referred to in paragraph 13.3 for commercial purposes to promote in any\nform the activities of any User carried out outside Allegro shall be prohibited. In particular the following\nshall be prohibited:\na) making proposals to buy or sell the Goods outside Allegro (not applicable to Offers referred to in\nparagraph 3.3);\nb) adding to the shipped Goods or providing in any other form any content with information about\ncommercial activities carried out outside Allegro (e.g. leaflets advertising an online store);\nc) opening accounts for Users in online stores.\n13.5.\nAllegro.pl reserves the right to filter and block messages sent by Users using the tools made available on\nAllegro, in particular, if they are spam, include content that violates these Terms & Conditions, or\notherwise pose a risk to the safety of Users.\n13.6.\nThe Seller with a registered Business Account shall order Allegro.pl to handle correspondence related to\nTransactions concluded via that Account, subject to the reservation that such correspondence handling\nconsists in Allegro.pl automatically analyzing (using machine learning technology) the content of\nmessages sent by Buyers to a given Seller using the options described in paragraphs 6.3.a and 6.3.b in\norder:\n(i) to check whether Allegro.pl is able to answer the questions contained in such a message on behalf of\nthe Seller\n(ii) that Allegro, on behalf of the Seller, answers the questions contained in such a message if Allegro.pl\nhas the appropriate knowledge based on the data from the Allegro.pl IT systems.\nIf as a result of the automatic analysis of the message referred to above, Allegro.pl is not able to answer\nthe Buyer, the message shall be immediately forwarded to the Seller so that they can reply to it.\nThe rules for entrusting the processing of Buyers’ personal data related to the handling of\ncorrespondence are described in Appendix No. 19 of the Allegro Terms & Conditions.\n13.7.\nTerminated Offers may be published in archiwum.allegro.pl subdomain. The published information is for\nreference only and Allegro.pl may not ensure or guarantee that terminated Offers will be made public in\na full and comprehensive manner.\nSection 14. AMENDMENTS TO THE ALLEGRO TERMS & CONDITIONS\n\n14.1.\nAllegro.pl may amend the Terms & Conditions in the following cases:\na. amendments to legal regulations having a direct impact on the content of the Terms & Conditions;\nb. imposing certain obligations by governmental authorities;\nc. amendments to the price list;\nd. improving the operation of the Website and the User service;\ne. enhancing the protection of Users’ privacy;\nf. amendments to the privacy policy;\ng. preventing misuse;\nh. security/safety considerations;\ni. technological and functional changes;\nj. changes in the scope of services provided, including the introduction of new services;\nk. editorial changes.\nSuch amendment shall become effective within the period indicated by Allegro.pl not shorter than 15\ndays from the time of notifying Users about the amendments and making the amended Terms &\nConditions available to them, in particular, by publishing it on the website:\nhttps://allegro.pl/pomoc/zmiany-w-regulaminie/aktualnosci, and sending it to the email address assigned\nto the User’s Account (if the User has logged in to their Account in the last 2 years). Amendments to the\nTerms & Conditions, which apply to Sellers only, are sent to Users that sell Goods on Allegro. If the User\ndoes not provide an email address, information about the amendments is sent by text message to the\ncontact number provided during registration.\nAllegro.pl may amend the Terms & Conditions without a 15-day period, referred to above, with an\nimmediate effect, if:\n(i) it is subject to legal or regulatory obligations, under which it is obliged to amend the Terms &\nConditions in such a manner that prevents it from keeping the above-mentioned 15-day notification\nperiod,\n(ii) it must by way of an exception amend the Terms & Conditions to counteract unforeseen and\nimmediate threats related to the protection of online intermediation services, Users against fraud,\nmalware, spam, breach of data, or other cybersecurity threats.\n14.2.\nThe User who does not accept planned amendments of the Allegro Terms & Conditions should\nimmediately, no later than within 15 days from notification of such amendments, notify Allegro.pl to\nterminate the agreement with Allegro.pl, using the form referred to in paragraph 15.2. User’s termination\nof the agreement with Allegro.pl for the Account indicated by him/her as described above shall be\neffective no earlier than upon 15 days of notifying the User of amendments to the Allegro Terms &\nConditions.\n\nUpon the first logging in to Allegro after an amendment has entered into force, the User shall be notified\nof such amendment and the possibility to accept it.\nSection 15. TERMINATION OF THE AGREEMENT WITH ALLEGRO.PL\n15.1.\nThe provision of services on Allegro shall be unlimited in time, subject to the provisions of the paragraph\nbelow.\n15.2.\nA User may, at any time, terminate the agreement concluded with Allegro.pl related to the Account\nindicated by them, by filling in and approving the contract termination form. In this case, all Seller offers\npublished so far will be removed within 7 days from the date of contract termination form approval.\nFurthermore, during the contract termination period, it will not be possible to list new Goods, buy Goods,\nparticipate in an Auction or change the amount offered by the Bidder during bidding.\n15.3.\nThe termination by a User of the agreement with Allegro.pl for the Account indicated by them shall be\neffective no earlier than 60 days from the date of contract termination (interpreted as date of filling in\nand approval of contract termination form). After the 60 days deadline, it will not be possible to log in to\nthe Allegro account and to use services available within the scope of the account.\n15.4.\nIn the event when a User repeatedly violates the Terms & Conditions, the agreement may be terminated\nby Allegro.pl against a thirty day notice.\n15.5.\nIf the agreement has been terminated by the decision of Allegro.pl, a User may not register an Account\non Allegro again without the prior consent of Allegro.pl.\nSection 16. CONTACT DETAILS AND COMPLAINTS PROCEDURE\n16.1.\nA User may contact Allegro.pl in relation to the services provided electronically hereunder:\na. in writing to Allegro.pl sp. z o.o., ul. Grunwaldzka 182, 60-166 Poznań;\nb. in an electronic form (by, e.g., using the contact form on web pages of specific paragraphs in the “Help”\nsection, which may be accessed from the main page of the Allegro website).\n16.2.\nAllegro may contact the User:\na. in writing to the correspondence address provided by the User;\nb. in an electronic form to the email address provided by the User;\n\nc. by phone calling the contact number provided by the User,\nd. by sending short text messages (SMS) to the contact number provided by the User.\n16.3.\nIf in a User’s opinion, services to be provided under the Terms & Conditions are not rendered by\nAllegro.pl or are not rendered in accordance with the Terms & Conditions, the User may present their\nreservations in the manner specified below (“Complaint”). In addition, in the case of own sale of Goods by\nAllegro.pl, a User may make a Complaint in the manner described in Allegro.pl’s Offer.\n16.4.\nA Complaint may be lodged in an electronic form using the contact form or in a written form. A Complaint\nshall contain at least the name under which the User acts on Allegro (login), the description of their\nreservations, and the proposed method of handling the Complaint.\n16.5.\nAllegro.pl shall handle a Complaint within 14 days from the date of its receipt. When a Complaint does\nnot contain the information necessary to handle it, Allegro.pl shall ask the User making the Complaint to\nsupplement the required information, and then the period of 14 days shall run from the date of\nsubmitting the supplemented Complaint.\n16.6.\nA response to a Complaint shall be sent only to the email address assigned to a given User’s Account. In\nparticularly justified cases, Allegro.pl may send a response to a different email address provided by the\nUser making a Complaint, which is not assigned to the User’s Account, or in writing to the address\nprovided in the Compliant.\n16.7.\nA User may appeal against the decision taken by Allegro.pl concerning a Complaint (“Appeal”). The\nprovisions of Section 16, paragraphs 16.3, 16.4, and 16.5 shall apply accordingly.\nSection 17. GOVERNING LAW AND DISPUTES\n17.1.\nAn agreement between User and Allegro.pl, relating to services provided on Allegro by Allegro.pl on\nterms and conditions set forth herein, shall be governed by Polish law with exclusion of the United\nNations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Dz. U. 97.45.286).\nIn the case of Users who are consumers, the above choice of law shall not exclude the protection\nafforded to the Users by mandatorily applicable laws of the country in which the User has its habitual\nresidence.\nAny disputes between Allegro and a User that is not a consumer, concerning Allegro, including connected\nwith the services provided on Allegro by Allegro.pl shall be resolved by Polish courts of general\njurisdiction competent for the registered office of Allegro.\n\nA User being a consumer may initiate out-of-court proceedings to solve a Complaint and enforce claims\nbefore the Permanent Arbitration Consumer Court at the Provincial Inspector of Trade Inspection in\nPoznań. Information on how to initiate such proceedings and on the procedures applicable to dispute\nsettlement can be found at http://www.uokik.gov.pl in the “Consumer dispute settlement” tab (Polish:\n“Rozstrzyganie sporów konsumenckich”). The consumer User may also use the EU ODR platform available\nat http://ec.europa.eu/consumers/odr/. Detailed information on how to file a complaint can be found\nhere.\n17.2.\nAllegro.pl may attempt to amicably settle the dispute with User pursuing a business activity, using Allegro\nto offer items to consumers, through an independent mediator, upon the prior consent of Allegro.pl for\nmediation. Should the User, referred to in the previous sentence, propose mediation to Allegro.pl and\nafter Allegro.pl has accepted this proposal, mediation will be conducted by a mediator from Europejski\nInstytut Mediacji, in accordance with the mediation rules applied by Instytut. Allegro.pl shall bear a\nreasonable part of the total costs of mediation which will be each time determined by the parties. The list\nof mediators and mediation rules are available at the contact address: [email protected].\nSection 18. APPENDICES\n18.1.\nThe Terms & Conditions contains the following appendices which constitute its integral part:\nAppendix No. 1: Forbidden and restricted items;\nAppendix No. 2: Rules on creating Offer description;\nAppendix No. 3: Policy on technical breaks and compensation for technical failures;\nAppendix No. 4: Fees and sales commissions;\nAppendix No. 5: Privacy protection policy;\nAppendix No. 6: Junior account principles;\nAppendix No. 7A: Terms & Conditions of PayU service;\nAppendix No. 7B: Terms & Conditions of Przelewy 24 service;\nAppendix No. 7C: Allegro Finance Terms & Conditions;\nAppendix No. 8: Notes of guidance on agreement renouncement and draft renouncement statement;\nAppendix No. 9: Buyer Protection Program;\nAppendix No. 10: Adding Products;\nAppendix No. 11: Use of databases of Allegro.pl and available in Allegro;\nAppendix No. 12: Terms & Conditions of the “Allegro Smart!” service for the Sellers;\nAppendix No. 13: Allegro Lokalnie;\n\nAppendix No. 14: General Terms & Conditions of the Cooperation Related to the Mail Order Sales of\nMedicinal Products;\nAppendix No. 15: Allegro Community;\nAppendix No. 16: General Terms & Conditions of Delivery Service;\nAppendix No. 16A: General Terms & Conditions of the Delivery Service for Allegro Lokalnie;\nAppendix No. 17: Charity Offers;\nAppendix No. 18: General Terms & Conditions of the Cooperation Related to the Sales of Vouchers\nExchangeable for Medical Services;\nAppendix No. 19: Data processing Agreement.\nAppendix No. 20. Transactions subject to the obligation of archiving or VAT settlement through Allegro.pl\nAppendix No. 21: Details of Allegro Prices program\n18.2.\nLinks posted in the electronic version hereof, including the appendices, only facilitate browsing through\nAllegro pages. Documents other than the appendices listed above shall not constitute the integral part\nhereof.\nSection 19. VALIDITY\nIf any provision hereof is held invalid by a final and absolute court judgment, the remaining ones shall\nstay in full force and effect unless the relevant laws provide for a different effect.\nSection 20. LANGUAGE VERSIONS OF THE ALLEGRO TERMS & CONDITIONS\n20.1.\nCertain elements of Allegro.pl website have been translated, particularly from Polish into English,\n(including using automatic text translation software). The text has been translated with due diligence,\nhowever, certain results of translation (in particular by a computer program) might prove imperfect or\nmight not be translated correctly due to the limitations of the text translation software. Allegro.pl\nrecommends exercising caution when using translated content.\n20.2.\nThe Polish language shall be the original language of the Terms & Conditions, the website, and all\ncommunication by Allegro.pl with Users. In the case of any doubts related to the translated content, they\nshould be resolved by reference to the Polish language version. The above reservation shall be applied\naccordingly in the case of translations from other languages, e.g., the English language shall prevail in the\ncase of translation of English comments to the Transaction.\n20.3.\nThis service may contain translations provided by Google. Google hereby disclaims its express or implied\nliability for any translation, including its accuracy, reliability, and merchantability, fitness for a particular\npurpose, and any liability for infringements.\n\n20.4.\nThis Allegro Terms & Conditions is available in Polish and English versions. The Polish version is available\non the following website: https://allegro.pl/regulamin/pl.\nSection 21. INTERNAL COMPLAINT-HANDLING SYSTEM\nAllegro.pl shall ensure the operation of an internal complaint-handling system within the meaning of\nparagraph 11.1. of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June\n2019 on promoting fairness and transparency for business users of online intermediation services.\nComplaints of the Users that relate to the issues listed in this regulation can be made through\nhttps://na.allegro.pl/skarga.\nSection 22. EXPLOSIVES PRECURSORS\nTrade in explosives precursors within the meaning of Regulation (EU) No 2019/1148 of the European\nParliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors,\namending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 is permitted only\nupon fulfilling the duties and conditions set out in the Regulation.\nUnder the law, the sellers are required to fulfill all the conditions and duties laid down in the Regulation.\nThis applies, in particular, to the mandatory verification of the buyers and their rights to purchase the\nprecursors, including verification of their identity, and disclosure duties towards those buyers in respect\nof precursors sold to them. The duties imposed by law also apply to the reporting of so-called suspicious\ntransactions within the meaning of the said Regulation.\nThe issues related to the trade in the said precursors are also regulated in a Polish statute (Journal of\nLaws of 2016, item 669, as amended).\nThe fulfillment of the conditions concerning precursors trade is a pre-condition for the legal sale of\nprecursors on Allegro that is in line with the Genral Terms & Conditions.\nAllegro Terms & Conditions - pdf\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":0,"explanation":"Setting out in the ToS the main parameters used in the recommender system but not in a clear, accessible and easily comprehensible manner"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"SHEIN","url":"https://eur.shein.com/Terms-and-Conditions-a-399.html","lang":"ENG","sector":"Shopping","hq":"China","hq_category":"Other","is_public":"Private","is_paid":"Free","date":"01.07.2021"},"document":{"title":"","text":"TERMS & CONDITIONS\nSHEIN TERMS OF USE FOR THE EUROPEAN\nCOUNTRIES\nEffective Date: July 1, 2021\nCONTENTS\nA. 1. SCOPE.\nA. 2. DEFINITIONS.\nA. 3. AGE REQUIREMENTS AND ACCEPTANCE.\nA. 4. UPDATES.\nA. 5. EVENTS BEYOND OUR CONTROL.\nA. 6. LIMITATION OF LIABILITY.\nA. 7. ASSIGNMENT.\nA. 8. ENTIRE AGREEMENT; NO WAIVER.\nA. 9. INDEMNIFICATION.\nA. 10. APPLICABLE LEGISLATION AND JURISDICTION.\nA. 11. ONLINE DISPUTE RESOLUTION PLATFORM.\nA. 12. COPYRIGHT INFRINGEMENT.\nA. 13. BUSINESS TRANSFERS.\nA. 14. CONTACT US.\nB. 1. REPRESENTATIONS.\nB. 2. LIMITATIONS OF USE.\nB. 3. USER ACCOUNT.\nB. 4. WALLET.\nB. 5. ACCESS RESTRICTION AND TERMINATION.\nB. 6. INTELLECTUAL PROPERTY AND OWNERSHIP.\nB. 7. THIRD PARTY LINKS AND RESOURCES.\nB. 8. TEXT MESSAGING PROGRAM.\nB. 9. REVIEWS, COMMENTS AND SUBMISSIONS.\n\nThese Terms of Use for the European countries ( \"EU Terms of Use\" ) apply to you if you are located in the\nEuropean Union (the \"European Countries\" ). They are the contractual basis for your use of the Services\nincluding any services provided via this website, located at SHEIN.com (the \"Site\" , which includes local versions\nof the Site, such as fr.shein.com or de.shein.com), our mobile applications (the \"Apps\" ), our accounts and fan\npages on social media platforms (the \"Social Media Accounts\" ), any other written, electronic, and oral\ncommunications with the Company and its affiliated entities, and any other websites, pages, features, or content\nowned and operated by the Company that hyperlink to these EU Terms of Use.\nIf you reside in one country but order products to be shipped to another country, you may be redirected to the\nlocal Site of the country to which products are shipped.\nThe terms “Company” , “we” , “us” or “our” will be used to describe your contractual partner, who varies\ndepending on your own location: If you are located in the European Union , your contractual partner is Roadget\nBusiness Pte. Ltd, 7 Temasek Boulevard, #12-07 Suntec Tower One, Singapore (038987), as the owner of the\nSite, Apps and Social Media Accounts in the European Union as well as Infinite Styles Ecommerce Co., Ltd., 1-2\nVictoria Building, Haddington Road, Dublin 4, Ireland, [email protected] , as the licensee of the Site, Apps and\nSocial Media Accounts, and provider of the Services.\nThe \"Services\" include any services provided via this website, located at SHEIN.com (the \"Site\" , which\nincludes local versions of the Site, such as fr.shein.com or de.shein.com), our mobile applications (the \"Apps\" ),\nour accounts and fan pages on social media platforms (the \"Social Media Accounts\" ), any other written,\nelectronic, and oral communications with the Company and its affiliated entities, and any other websites, pages,\nfeatures, or content owned and operated by the Company or an affiliated entity that hyperlink to this Policy.\n\"Agreement\" shall mean the contract of use between you and the Company based on these EU Terms of Use.\n\"European Country\" or \"European Countries\" means each and all of the member states of the European\nUnion.\n\"Force Majeure\" shall mean events that are beyond our reasonable control.\n(1) To use our Services, you need to be at least 16 years old.\n(2) By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site,\ndownloading a mobile App, registering an account, or contributing content or other materials to the Services, you\nA. 1. SCOPE.\nA. 2. DEFINITIONS.\nA. 3. AGE REQUIREMENTS AND ACCEPTANCE.\n\nexpressly understand, acknowledge and agree to be bound by the EU Terms of Use. You are only authorized to\nuse the Services if you agree to abide by all applicable laws and to these EU Terms of Use. In addition, you may\nread our Privacy Policy at any time for more information about how the Company collects, stores, and protects\nyour personal data when you use the Services.\n(1) Subject to the conditions of applicable law, we reserve the right to modify the EU Terms of Use, including the\nPrivacy Policy.\n(2) Minor changes not affecting your rights and constituting an unfair disadvantage to you, may occur at any time,\nwith or without notice to you, and are effective upon posting.\n(3) Material changes may be made in particular in the event of changes in the law, changes in case law or\nchanges in economic circumstances. If you have a user account on the Site, we will notify you (i) by email to the\nemail address provided in your user account at least four weeks before the effective date of the changes of any\nintended material changes and inform you in this email of your right to object, form and time requirements for\nobjection and the consequences if you do not object to the changes, and (ii) by posting the amended terms on\nthe Site and App. Additional notification may, in our sole discretion, include notice via any other manner. You are\nresponsible for keeping the email address you supply to us up to date. We are not responsible for any outdated\nor incorrect information provided by you.\nIf you object to such intended changes within due time and in the form required, we are entitled to terminate the\nAgreement with you. If you do not object to the changes in text form within a period of six weeks after receipt of\nthe email, you will be deemed to have accepted the changes.\nWe will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under\nthe EU Terms of Use or other contracts when caused by events that are beyond our reasonable control ( \"Force\nMajeure\" ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond\nour reasonable control, including, among others, the following:\nStrike, lockout or other forms of protest.\nCivil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.\nFire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.\nInability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.\nInability to use public or private telecommunication systems.\nActs, decrees, legislation, regulations or restrictions of any government or public authority.\nStrike, failure or accident in maritime or river transport, postal transport or any other type of transport.\nA. 4. UPDATES.\nA. 5. EVENTS BEYOND OUR CONTROL.\n\nIt shall be understood that our obligations deriving from the EU Terms of Use or other contracts are suspended\nduring the period in which Force Majeure remains in effect and we will be given an extension of the period in\nwhich to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted.\nWe will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables\nus to fulfil our obligations by virtue of the EU Terms of Use or other contracts despite the situation of Force\nMajeure.\n(1) Your claims for damages are excluded, except for such claims for damages arising from injury to life, body,\nhealth or from the breach of essential contractual obligations (cardinal obligations) and except for liability for other\ndamages based on an intentional or grossly negligent breach of duty by the Company, its legal representatives,\nemployees or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to\nachieve the goal of the contract.\n(2) In the event of a breach of material contractual obligations, the Company shall only be liable for the\nforeseeable damage typical for the type of contract if such damage was caused by simple negligence, unless the\ndamage claims are based on injury to life, body or health.\n(3) The limitations of liability shall also apply in favor of the legal representatives, employees and vicarious agents\nof the Company if claims are asserted directly against them.\n(4) Any applicable mandatory statutory provisions remain unaffected.\nYou may not assign or transfer the Agreement (or any of your rights or obligations under the Agreement) without\nour prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void.\nWe may freely assign or transfer the Agreement. The Agreement inures to the benefit of and is binding upon the\nparties and their respective legal representatives, successors, and assigns.\n(1) These EU Terms of Use, together with any legal notices published on the Site or Apps, shall constitute the\nentire and only agreement between you and us concerning the use of the website or app and supersedes all prior\nterms, agreements, discussions and writings regarding the subject matter.\n(2) Any terms and conditions which you include in any purchase order, confirmation of order or other document\nare expressly excluded.\nA. 6. LIMITATION OF LIABILITY.\nA. 7. ASSIGNMENT.\nA. 8. ENTIRE AGREEMENT; NO WAIVER.\n\n(3) If any provision of the EU Terms of Use is found to be unenforceable, then that provision shall not affect the\nvalidity of the remaining provisions of the EU Terms of Use, which shall remain in full force and effect.\n(4) No waiver of any term of the EU Terms of Use shall be deemed a further or continuing waiver of such term or\nany other term. Our failure to assert any right or provision under the EU Terms of Use shall not constitute a\nwaiver of such right or provision.\nYou agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies,\nsuppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from\nall third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of\nthe Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these EU Terms\nof Use; (4) any materials you submit, post, upload to or transmit through the Site or App. We will notify you\npromptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the\nclaim. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise\nsubject to indemnification by you. In that event, you will have no further obligation to defend us in that matter, and\nif required, you will allow us to participate in the defense and will not settle any such claim without our prior\nwritten consent.\n(1) These EU Terms of Use are governed by and construed in accordance with the laws of Ireland. If you are a\nconsumer and have your habitual residence in another European Country, you additionally enjoy the protection\nafforded to you by mandatory provisions of the law of your country of residence.\n(2) We both agree to submit to the non-exclusive jurisdiction of the courts of Ireland, which means that you may\nbring a claim to enforce your consumer protection rights in connection with these EU Terms of Use in Ireland or in\nthe EU country in which you live.\nThe European Commission provides for an online dispute resolution platform, which you can access\nhere: https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in dispute resolution\nproceedings before a consumer arbitration board.\nA. 9. INDEMNIFICATION.\nA. 10. APPLICABLE LEGISLATION AND JURISDICTION.\nA. 11. ONLINE DISPUTE RESOLUTION PLATFORM.\n\nAs we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If\nyou believe that material located on or linked to by the Company violates your copyright, you are encouraged to\nsend an email to [email protected] .\nIf Company or substantially all of its assets, were acquired, or in the unlikely event that the Company or its\naffiliates go out of business or enters bankruptcy, user information and ongoing contractual relationships would\nbe assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur, and\nthat any acquirer of the Company may continue (i) to use your personal information as set forth in the Agreement\nand our Privacy Policy, and (ii) to communicate with you to the extent the Company was permitted to do. For\nmore information, please see our Privacy Policy.\nWe welcome your questions and comments about our privacy practices or these EU Terms of Use. You may\ncontact us anytime via email at Privacy Center , [email protected] or through our Customer Service Platform .\n(1) When you use our Services, you agree to the processing of the information and details and you state that all\ninformation and details provided are true and correct.\n(2) You represent and warrant that you are at least 16 years old or are visiting the Services under the supervision\nof a parent or guardian.\n(3) Subject to the Terms, the Company hereby grants you a limited, revocable, non-transferable and non-\nexclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your\nmobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and\nnot for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance.\n(4) Any breach of this Agreement shall result in the immediate revocation of the license granted in this section\nwithout notice to you and with the consequences as set forth under section B. 5.\nA. 12. COPYRIGHT INFRINGEMENT.\nA. 13. BUSINESS TRANSFERS.\nA. 14. CONTACT US.\nB. 1. REPRESENTATIONS.\nB. 2. LIMITATIONS OF USE.\n\n(1) Except as permitted in section B.1. REPRESENTATIONS above, you may not reproduce, distribute, display,\nsell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or\notherwise exploit the Services or any portion of them unless expressly permitted by us in writing.\n(2) You may not make any commercial use of any of the information provided on the Services or make any use of\nthe Services for the benefit of another business unless explicitly permitted by us in advance.\n(3) We reserve the right to refuse service, terminate accounts, and/or cancel orders in our discretion, including,\nwithout limitation, if we believe that your or other customer’s conduct violates applicable law or is harmful to our\ninterests.\n(4) You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other\nmaterial that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, other\nproprietary rights or the rights on one’s own image of any person; (b) is libelous, threatening, defamatory,\nobscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law;\n(c) contains the image of others without their explicit consent for the entire time posted on, or otherwise published\nvia the Services, (d) contains images of children under the age of 16, regardless of whether you are the parent or\nguardian of that child, or (e) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other\ncode, material or properties which are malicious or technologically harmful.\n(5) Additionally, you agree not to:\nUse the Services for any unlawful purposes, or that could violate any applicable law or regulation;\nTo engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as\ndetermined by us, may harm us or other persons using the Services or expose them to liability;\nUse the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other\nparty’s use of the Services;\nUse any robot, spider or other automated device, process, or means to access the Service for any purpose;\nUse the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the\nServices for commercial purposes;\nOtherwise attempt to interfere with the proper working of the Service.\n(6) You warrant and represent that you shall not, and have not, done or permitted others to do anything that\nwould be in violation of the undertakings above.\n(1) In order to access some features available on the Services, you will have to create a user account. In case\nyou detect that an error occurred when entering your personal data during your registration as a user of our\nServices, you can modify them at any time in the section “My Account”. We may assign you a password and an\nadditional account identification to enable you to access and use certain portions of the Services. We may, in our\nsole discretion request from you to change the password from time to time, and even force a reset of the\npassword.\nB. 3. USER ACCOUNT.\n\n(2) You are solely responsible for protecting the security and confidentiality of the password and identification\nassigned to you. Please do not use the same password for our Site that you use for other Sites. In no event we\nshall be liable for any loss, theft or fraudulent use of your account. You shall immediately notify us of any\nunauthorized use of your password or identification or any other breach or threatened breach of the Site or App’s\nsecurity.\n(3) You may not use another person’s account. Each time you use a password or identification, you will be\ndeemed to be authorized to access and use the Site or Apps in a manner consistent with this Agreement, and the\nCompany has no obligation to investigate the authorization or source of any such access or use of the Services.\n(4) You will be solely responsible for all access to and use of the Services by anyone using the password and\nidentification originally assigned to you whether or not such access to and use of this site is actually authorized\nby you, including without limitation, all communications and transmissions and all obligations (including, without\nlimitation, financial obligations) incurred through such access or use.\n(5) The user account is provided for the regional Site or App that is used for the initial setup (e.g., fr.shein.com/ or\nde.shein.com). Depending on the Site through which you create your account, your account will be administered\nby the entities responsible for operating and using that Site to provide Services to you, as set forth in Section A.2\nDEFINITIONS (for example, if you created your account on fr.shein.com, then your account will be administered\nby Infinite Styles Ecommerce Co., Ltd and Roadget Business Pte. Ltd). If you already have an account as of the\nEffective Date of these Terms, then depending on the location affiliated with your account, your account will be\nadministered by the entities set forth in Section A. 2 DEFINITIONS (for example, if your shipping address is in the\nEuropean Union, then your account will be administered by Infinite Styles Ecommerce Co., Ltd. and Roadget\nBusiness Ptd. Ltd). If you reside in one country but order products to be shipped to another country, you may be\nredirected to the local website of the country to which the products are shipped and will be subject to the Terms\non that site.\n(6) We reserve the right to refuse any of our Services or terminate your user account if, in our sole discretion,\nyour behavior gives just cause to do so. This is particularly the case if you are in breach of applicable laws,\napplicable contractual provisions, our guidelines or our policies.\n(7) By creating an account with us, you acknowledge that we may send you promotional or marketing emails from\ntime to time. If you do not wish to receive those emails, please use the link provided in those emails to\nunsubscribe from our email list.\n(1) If you create a user account as described in Section B. 3. USER ACCOUNT , you will be provided with a\nSHEIN digital wallet ( \"Wallet\" ) that can be used to collect and hold wallet credits, gift cards, coupons and\npromotional points offered via the Services. The Wallet is accessible at any time via the local site or app in the\nsection “My Assets”.\nB. 4. WALLET.\n\n(2) Promotional Points: Promotional points can be earned and stored under “My Assets” by using our Services\noffered on your local site, app or social media accounts and purchasing goods in accordance with the specific\nprovisions available under Bonus Points . Promotional Points are granted in the Company’s sole discretion; they\nare subject to expiration and cancellation by the Company. Promotional points can only be redeemed on the site\nthrough which they were granted (for example, if promotional points were granted on the fr.shein.com site, then\nthey can only be redeemed on that site).\nCoupons: Coupons can be purchased from the Company from time to time or may be granted by the Company\nin its sole discretion. Coupons may be stored under “My Assets.” Coupons are subject to expiration and\ncancellation by the Company. SHEIN coupons that were purchased can only be redeemed on the site on which\nthey were purchased (for example, if coupons were purchased on the fr.shein.com site, then they can only be\nredeemed on that site). The redemption of SHEIN coupons granted by the Company free of charge is subject to\nlimitations imposed in the Company’s sole discretion from time to time.\nWallet Credit: Wallet credit can be stored in your Wallet by returning goods and choosing a wallet credit as your\nrefund option (see Terms of Purchase). Wallet credits can only be redeemed on the site through which the wallet\ncredit was granted (for example, if you ordered and subsequently returned a product on the fr.shein.com site and\nelected to receive a credit, that wallet credit can only be redeemed on the fr.shein.com site). A Wallet credit linked\nto a returned item can be withdrawn in cash to the original method of payment used when you placed the order. A\nwallet credit granted by the Company that is not linked to a returned item cannot be redeemed in cash.\nGift Cards: Gift cards can be redeemed and stored under “My Assets” by entering the gift card code through\nyour User Account. In the European Union, gift cards expire after 10 years, or as otherwise determined by the\nCompany. For SHEIN gift cards that are purchased from the Company prior to March 8, 2021 and can be used\non any SHEIN site, once any portion of such gift cards are redeemed on a particular SHEIN site, any balances on\nthose cards can only be redeemed on that particular site. Gift cards purchased after March 8, 2021 can only be\nredeemed on the site on which they were purchased (for example, if a gift card was purchased after March 8,\n2021 on fr.shein.com, then that gift card can only be redeemed on that site). The redemption of gift cards granted\nby the Company free of charge is subject to limitations imposed in the Company’s sole discretion from time to\ntime.\n(3) You can use wallet credits, gift cards, paid or free coupons and promotional points that are stored under “My\nAssets” as an additional payment option or discount to be used on the Site, subject to the applicable terms above\nand the provisions available under Bonus Points . While wallet credits received from an order return can be\nredeemed for cash, wallet credits granted by the Company, promotional points, coupons and gift cards cannot be\nredeemed for cash.\n(4) The Wallet is provided as part of the user account and is subject to the same provisions as set forth in\nparagraph 5 and 6 of Section B. 3. USER ACCOUNT . If your Wallet holds assets at the time of termination or\ncancellation of your account, you will lose those assets.\n\n(1) From time to time, we may restrict access to some or all parts of the Services, including the ability to upload\ndocuments, make payments, or send messages.\n(2) We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if\nwe believe you have breached these Terms.\n(3) You may terminate your account at any time, for any reason, by following any such instructions within the Site\nor App, or by contacting our Customer Service through the Site. Please note if you terminate your account, your\nWallet assets will be lost.\n(4) Termination of your account may result in a loss of any achieved benefits, any information provided to us or\nreceived from us, or documents, related to or stored within your customer account. You will not be entitled to\nclaim compensation from us for any loss or costs incurred with the termination of your access to the Services.\nHowever, in case you have submitted, posted or provided any content as described in section B. 9. REVIEWS,\nCOMMENTS AND SUBMISSIONS below, deletion of your account will not affect such submissions.\n(1) Content. The Services, including all of their information and content, such as the text, software, scripts,\ngraphics, photos, sounds, music, videos, and interactive features (collectively, “Content” ) provided as part of\nthe Services belong at all times to the Company or to those who grant us the respective license of use. You may\nuse the Content or parts thereof only with our or the licensor’s express authorization.\n(2) SHEIN Marks. In addition, the “SHEIN” and other trademarks, service marks, icons, graphics, word marks,\ndesigns and logos contained therein, used and displayed on the Services (collectively the “SHEIN Marks” ), are\nowned by Roadget Business Pte. Ltd. and in some cases are licensed to regional affiliated entities for their use in\nselling Company products to local customers. The SHEIN Marks are trademarks in the European Countries and\nother countries for which applications are pending or registrations have been issued. You do not have, and will\nnot acquire, any right, title, or interest in or to any of the SHEIN Marks. The SHEIN Marks, whether on any\nproduct offered for sale on the Site or the Apps, or appearing as a logo or text on any portion of a Service, is not\na representation that Company is the owner or licensee of any copyright or other intellectual property rights in the\nproducts offered for sale on the Site or the Apps. We source some of our products from third party manufacturers\nand wholesalers. Any other trademarks, service marks, icons, graphics, wordmarks, designs and logos contained\ntherein included in or made available through the Site or Apps are trademarks or trade dress of the respective\nsuppliers and you do not have, and will not acquire, any right, title, or interest in or to any of these marks.\n(3) Rights Reserved. Content that is part of the Services is provided to you as is and for your information only\nand may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or\notherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the\nrespective owners or licensors. We reserve all rights not expressly granted in and to the Content. You\nB. 5. ACCESS RESTRICTION AND TERMINATION.\nB. 6. INTELLECTUAL PROPERTY AND OWNERSHIP.\n\nacknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about\nthe Services, provided by you to us are non-confidential and shall become the sole property of the Company as\nfurther described under section B. 9. REVIEWS, COMMENTS AND SUBMISSIONS below.\nYou agree to not engage in the use, copying, or distribution of or create derivative works from any of the Content\nother than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-\nrelated features of the website or features that prevent or restrict use or copying of any Content or enforce\nlimitations on use of the website or the Content therein.\nOur Site and Apps may contain links to third-party sites that are not owned or controlled by us. We have no\ncontrol over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices\nof any third-party sites or services. We make no warranties or representations about the accuracy, completeness,\nor timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to\nread all third-party terms and conditions and privacy policies.\n(1) Enrollment. If you enroll in our text messaging (SMS) program, you will be asked to consent expressly –\nevidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other\ntext message affirmative response, as your signature to agree to receive recurring automated marketing\nmessages where such messages may be sent by us or our vendors to the mobile number you provided at opt-in.\nSuch consent is not a condition of using our Services and may be withdrawn at any time by using the opt-out\nmechanism specified in subsection B 8(2) or by any contacting us in any other manner.\n(2) Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message\nyou receive in our text messaging program, or just texting STOP to the number from which you currently are\nreceiving our text messages. In either case, you will receive one additional message confirming that your request\nhas been processed.\n(3) Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by\nyou. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.\n(4) Your Duties for Your Own Phone Number. You represent that you are the account holder or customary user\nfor the mobile telephone number that you provide when enrolling in our text messaging program. If you change or\ndeactivate that number, you are responsible for notifying us at Privacy Center immediately. Neither we, our\nvendors, and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in\nfull for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if\nyou change your telephone number.\nB. 7. THIRD PARTY LINKS AND RESOURCES.\nB. 8. TEXT MESSAGING PROGRAM.\n\n(5) Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated\nmarketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is\nalso subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the\nright to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without\nnotice to you.\n(1) Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or\npost to the Services and/or provide to the Site or Apps or us, including, without limitation, pictures, videos, ideas,\nknow-how, techniques, questions, reviews, feedback, comments, reactions, and suggestions\n(collectively, “Submission(s)” ) is and will be treated as non-confidential and non-proprietary.\n(2) By providing, submitting or posting a Submission, you agree to irrevocably license the Submission and all IP\nrights related thereto to the Company without charge and we shall have the royalty-free, worldwide, perpetual,\nirrevocable, transferable and sub-licensable right to use, reproduce, distribute, display, publish, present, recite,\nshow, perform, sell, lease, transfer, transform, adapt, edit, shorten, delete, translate, arrange or otherwise change\nthe Submission in its entirety or in part, and to use and exploit the newly created products in the same way as the\noriginal Submission, and to make available to the public in any media such Submission, without being obliged to\ndo so. All Submissions shall automatically become the sole and exclusive property of us and shall not be\nreturned to you and you agree not to raise any dispute in connection with any use of the Submission by us in the\nfuture.\n(3) You waive any of your possible author’s personal or moral rights existing with regard to the Submissions as\nfar as they may affect the undisturbed use of the Submissions by the Company, and you undertake not to\nexercise such rights, neither vis-á-vis Company nor vis-á-vis any of Company’s assignees, transferees,\nsuccessors, (sub-)licensees or any other third party legally exploiting the Submissions. In particular, you consent\nto modifications of your Submissions within a scope customary in the industry. Your right to prohibit distortions,\nother impairments or uses which are capable of endangering your legitimate intellectual and personal interests\nintrinsic to the Submissions, remain unaffected.\n(4) You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement,\ndisputes or third party claims. We assume no liability for any misuse of copyright or any other rights of third\nparties by you. You undertake to defense for and indemnify the Company against any losses caused due to the\nuse of the entries for any purposes.\n(5) In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or\nApps, you also grant us the right to use the name that you submit with any review, comment, or other content, if\nany, in connection with such review, comment, or other content.\n(6) You represent and warrant that you own or otherwise control all of the rights to your Submissions and that use\nof your Submission by us will not infringe upon or violate the rights of any third party.\nB. 9. REVIEWS, COMMENTS AND SUBMISSIONS.\n\n(7) You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us\nor third parties as to the origin of any Submissions. We may but shall not be obligated to delete, remove or edit\nany Submissions (including comments or reviews) for any reason.\n(8) Please note that it is prohibited to post images to our Services or provide us with images of others without\ntheir explicit consent, of persons under the age of 16, regardless of whether you are the parent or guardian.\nSHEIN TERMS OF PURCHASE FOR THE\nEUROPEAN COUNTRIES\nEffective Date: July 1, 2021\nThese Terms of Purchase for the European countries ( “EU Terms of Purchase” ) are the contractual basis for\nany purchase or other transaction you enter into on or through our website or apps, if you are located in the\nEuropean Union (the “European Union Countries” ). The EU Terms consist of the General Terms & Conditions\n(sections A. 1 - A. 14), and the Special Terms of Purchase (sections B. 1 – B. 11).\nCONTENTS\nA. 1. SCOPE.\nA. 2. DEFINITIONS.\nA. 3. AGE REQUIREMENTS AND ACCEPTANCE.\nA. 4. UPDATES.\nA. 5. EVENTS BEYOND OUR CONTROL.\nA. 6. LIMITATION OF LIABILITY.\nA. 7. ASSIGNMENT.\nA. 8. ENTIRE AGREEMENT; NO WAIVER.\nA. 9. INDEMNIFICATION.\nA. 10. APPLICABLE LEGISLATION AND JURISDICTION.\nA. 11. ONLINE DISPUTE RESOLUTION PLATFORM.\nA. 12. COPYRIGHT INFRINGEMENT.\nA. 13. BUSINESS TRANSFERS.\nA. 14. CONTACT US.\nB. 1. PRICE AND PAYMENT.\nB. 2. ORDER PROCESS.\n\nB. 3 ERRORS.\nB. 4. SINGLE-DAY PURCHASE LIMITATIONS.\nB. 5. CUSTOMS.\nB. 6. COLORS.\nB. 7. PACKING.\nB. 8. SHIPPING & DELIVERY.\nB. 9. TITLE AND RISK OF LOSS.\nB. 10. WARRANTY AND RETURN OF PRODUCTS.\nB. 11. RIGHT OF WITHDRAWAL.\nThese EU Terms of Purchase apply to any transaction (including purchases) you make on or through the website\nlocated at SHEIN.com (the “Site” , which includes local versions of the Site, such as fr.shein.com or\nde.shein.com), or via the SHEIN mobile applications (the “Apps” ).\nThe terms “Company” , “we” , “us” or “our” will be used to describe your contractual partner who will be the\nrespective seller of your product, who varies depending on your own location: If you are located in the European\nUnion Countries, the seller and your contractual partner is Infinite Styles Ecommerce Co., Ltd., 1-2 Victoria\nBuilding, Haddington Road, Dublin 4, Ireland, [email protected] .\nWhen you buy a product or multiple products through our Site or Apps we will be speaking of “Purchases” .\n“Agreement” shall mean the purchase contract concluded between you and the Company based on these EU\nTerms of Purchase.\n\"European Country” or “European Countries\" means each and all of the member states of the European\nUnion.\n\"Force Majeure\" shall mean events that are beyond our reasonable control.\n(1) To shop with us, you need to be at least 16 years old.\nA. 1. SCOPE.\nA. 2. DEFINITIONS.\nA. 3. AGE REQUIREMENTS AND ACCEPTANCE.\n\n(2) By purchasing goods via our Site or Apps, you expressly understand, acknowledge and agree to be bound by\nthe EU Terms of Purchase. You are only authorized to make a Purchase with us if you agree to abide by all\napplicable laws and to these EU Terms of Purchase. In addition, you may read our Privacy Policy at any time for\nmore information about how the Company collects, stores, and protects your personal data when you make a\nPurchase.\n(1) Subject to the conditions of applicable law, we reserve the right to modify the EU Terms of Purchase, including\nthe Privacy Policy.\n(2) Notwithstanding the aforesaid, your purchase contract will be governed by the EU Terms of Purchase in force\nat the time that you place your order as described in Set B.\nWe will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under\nthe EU Terms of Purchase or other contracts when caused by events that are beyond our reasonable control\n( \"Force Majeure\" ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is\nbeyond our reasonable control, including, among others, the following:\nStrike, lockout or other forms of protest.\nCivil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.\nFire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.\nInability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.\nInability to use public or private telecommunication systems.\nActs, decrees, legislation, regulations or restrictions of any government or public authority.\nStrike, failure or accident in maritime or river transport, postal transport or any other type of transport.\nIt shall be understood that our obligations deriving from the EU Terms of Purchase or other contracts are\nsuspended during the period in which Force Majeure remains in effect and we will be given an extension of the\nperiod in which to fulfil these obligations by an amount of time equal to the time that the situation of Force\nMajeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a\nsolution that enables us to fulfil our obligations by virtue of the EU Terms of Purchase or other contracts despite\nthe situation of Force Majeure.\nA. 4. UPDATES.\nA. 5. EVENTS BEYOND OUR CONTROL.\nA. 6. LIMITATION OF LIABILITY.\n\n(1) Your claims for damages are excluded, except for such claims for damages arising from injury to life, body,\nhealth or from the breach of essential contractual obligations (cardinal obligations) and except for liability for other\ndamages based on an intentional or grossly negligent breach of duty by the Company, its legal representatives,\nemployees or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to\nachieve the goal of the contract.\n(2) In the event of a breach of material contractual obligations, the Company shall only be liable for the\nforeseeable damage typical for the type of contract if such damage was caused by simple negligence, unless the\ndamage claims are based on injury to life, body or health.\n(3) The limitations of liability shall also apply in favor of the legal representatives, employees and vicarious agents\nof the Company if claims are asserted directly against them.\n(4) Any applicable mandatory statutory provisions, in particular provisions pursuant to EU Directive 85/374/EEC\nconcerning liability for defective products, remain unaffected.\nYou may not assign or transfer the Agreement (or any of your rights or obligations under the Agreement) without\nour prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void.\nWe may freely assign or transfer the Agreement. The Agreement inures to the benefit of and is binding upon the\nparties and their respective legal representatives, successors, and assigns.\n(1) These EU Terms of Purchase, together with any legal notices published on the Site or Apps, shall constitute\nthe entire and only agreement between you and us concerning the Purchase, and supersede all prior terms,\nagreements, discussions and writings regarding the subject matter.\n(2) Any terms and conditions which you include in any purchase order, confirmation of order or other document\nare expressly excluded.\n(3) If any provision of the EU Terms of Purchase is found to be unenforceable, then that provision shall not affect\nthe validity of the remaining provisions of the EU Terms of Purchase, which shall remain in full force and effect.\n(4) No waiver of any term of the EU Terms of Purchase shall be deemed a further or continuing waiver of such\nterm or any other term. Our failure to assert any right or provision under the EU Terms of Purchase shall not\nconstitute a waiver of such right or provision.\nA. 7. ASSIGNMENT.\nA. 8. ENTIRE AGREEMENT; NO WAIVER.\n\nYou agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies,\nsuppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from\nall third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to your breach of\nthese EU Terms of Purchase. We will notify you promptly of any such claim and will provide you (at your\nexpense) with reasonable assistance in defending the claim. We reserve the right, at our own expense, to\nassume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, and if\nrequired, you will allow us to participate in the defense and will not settle any such claim without our prior written\nconsent, and you will have no further obligation to defend us in that matter.\n(1) These EU Terms of Purchase are governed by and construed in accordance with the laws of Ireland, and the\napplication of the United Nations Convention of Contracts for the International Sale of Goods is expressly\nexcluded. If you are a consumer and have your habitual residence in another European Country, you additionally\nenjoy the protection afforded to you by mandatory provisions of the law of your country of residence.\n(2) We both agree to submit to the non-exclusive jurisdiction of the courts of Ireland, which means that you may\nbring a claim to enforce your consumer protection rights in connection with these EU Terms of Purchase in\nIreland or in the EU country in which you live.\nThe European Commission provides for an online dispute resolution platform, which you can access\nhere: https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in dispute resolution\nproceedings before a consumer arbitration board.\nAs we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If\nyou believe that material located on or linked to by the Company violates your copyright, you are encouraged to\nsend an email to [email protected] .\nA. 9. INDEMNIFICATION.\nA. 10. APPLICABLE LEGISLATION AND JURISDICTION.\nA. 11. ONLINE DISPUTE RESOLUTION PLATFORM.\nA. 12. COPYRIGHT INFRINGEMENT.\nA. 13. BUSINESS TRANSFERS.\n\nIf Company or substantially all of its assets, were acquired, or in the unlikely event that the Company or its\naffiliates go out of business or enters bankruptcy, user information and ongoing contractual relationships would\nbe assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur, and\nthat any acquirer of the Company or its substantial assets may continue (i) to use your personal information as\nset forth in the Agreement and our Privacy Policy, and (ii) to communicate with you to the extent the Company\nwas permitted to do. For more information, please see our Privacy Policy .\nWe welcome your questions and comments about our privacy practices or these EU Terms of Purchase. You may\ncontact us anytime via email at Privacy Center or through our Customer Service Platform .\n(1) All prices include the applicable VAT and any other taxes (where applicable). All prices are exclusive of\ndelivery charges. Delivery charges can always be accessed via the link \"Shipping Info\" via the Site or the Apps.\nThey are also specified individually for your order within the checkout process. The total cost of the order is the\nprice of the products ordered and the delivery charge.\n(2) Prices may change at any time, but changes shall not affect the orders for which we have confirmed, as\ndescribed under section B. 2. ORDER PROCESS below.\n(1) Our display of products via the Site or the App is a non-binding offer. Once you have selected an article that\nyou wish to buy, it will be added to your shopping basket ( “Shopping Bag” ). To process the order and make\nthe payment, you must follow the steps of the purchase process, indicating or verifying the information requested\nin each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your\norder, and you may be asked to log into your account or to register with us, to enter a shipping address, select a\npayment method and shipping option. You are provided with a detailed description of the purchase process at\nthe ”How To Order” page. If your order triggers a fraud alert in our security system, a verification email may be\nsent to your email address.\n(2) You may use the payment methods specified on the local Site, which may include Visa, Mastercard, JCB,\nDiners’ Club, Paypal, Klarna, Afterpay, Discover, Diners Club and online banking, etc. Depending on the method\nchosen, you may enter further details and may be led to the website of the payment provider in order to be\nidentified as authorized user before you can place your order. You may also apply your Wallet assets as\nexplained in our Terms of Use. When you click \"Authorise Payment\", you are confirming that you are the\nA. 14. CONTACT US.\nB. 1. PRICE AND PAYMENT.\nB. 2 ORDER PROCESS.\n\nauthorized user of the payment method, and that, if applicable, the credit card is yours. If the payment provider,\ne.g. the credit card issuer, does not authorise the payment, we shall not be liable for any delay or failure to deliver\nand we will be unable to conclude any contract with you.\n(3) Once you have finished the payment process, you can place an order by clicking the “buy now” button,\nsubmitting an offer to us to buy (all) the product(s) in your Shopping Bag (your “Order” ). If you are a registered\nuser, a record of all the orders placed by you is available in \"My Account\" area of the Site or Apps. To minimize\nthe risk of non-authorised access, your credit card details will be encrypted. Once we receive your Order, we\nrequest a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction.\n(4) We will then process your Order and send you a message to the email address you provided at checkout\nconfirming receipt of your Order and containing the details of your Order ( “Order Confirmation” ). The Order\nConfirmation and/or the charging of your credit card or other payment method is confirmation we have received\nyour Order.\n(5) Our acceptance of your order and completion of the contract between us will take place when we dispatch the\nproduct(s) to you. Your card will be charged at the time of order unless you selected a pay later service (which is\nonly available in certain countries) in which case your card will be charged at the time of shipment. If you select\nonline banking, your placing of the order contains the debit mandate to charge your account.\n(1) You will be able to correct errors related to the personal data provided during the purchase process by\ncontacting us, as well as exercising the right of rectification contemplated in our Privacy Policy through the Site\nand Apps. The Site and Apps display confirmation boxes in various sections of the purchase process that do not\nallow the order to continue if the information in these sections has not been correctly provided. Also, the Site and\nApps offer details of all the items you have added to your shopping cart during the purchase process, so that\nbefore making the payment, you can modify the details of your order.\n(2) If you detect an error in your order after the completion of the payment process, you should immediately\ncontact our customer service to correct the error.\n(3) While we strive to provide accurate product and pricing information, pricing or typographical errors may occur.\nWe cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price\nor with incorrect information due to an error in pricing or product information, we shall have the right, at our sole\ndiscretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at\nour discretion, either contact you for instructions or cancel your order and notify you of such cancellation.\nB. 3. ERRORS.\nB. 4. SINGLE-DAY PURCHASE LIMITATIONS.\n\nFor customers in the European Economic Area, if a purchase on a single day exceeds 150 euros, duties may be\nimposed.\nIn accordance with Customs regulations, you must provide valid and accurate data. All consignee names,\naddresses and payer names should be valid. Certain countries request that the consignee submit their ID or\npassport to clear the package or for payment verification purposes. It is your sole responsibility that the data you\nprovide to us is complete and accurate. Should any information be missing or be incorrect and prevent any\nshipment or deliveries or customs clearance, we will not be responsible and will not offer any compensation in\nsuch cases. You hereby authorize Company and its affiliates to make statements, submit, amend and invalidate\nall declarations and documents necessary or useful to import goods ordered by you in your name and for your\naccount. This power of attorney includes the power to make and receive service and deliveries, request refunds\nof any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court\nproceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications,\ncomplaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies\nand appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of\nwhatever kind, receive monies, valuables and documents and/or deeds. It also includes the right to instruct\ncustoms agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other\nrepresentatives involved in handling matters relating to the importation of goods and complying with regulations\nregarding the importation of goods. As the importer, you are responsible for complying with all laws and\nregulations in your own country.\nWe have made every effort to display, as accurately as possible, the colors of our products that appear on the\nSite and Apps. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your\nmonitor's display of any color will be accurate.\nUnless otherwise provided, we will comply only with minimum packing standards for the method of transportation\nselected. The cost of all special packing, loading or bracing requested by you will be paid for by you.\nB. 5. CUSTOMS.\nB. 6. COLORS.\nB. 7. PACKING.\nB. 8. SHIPPING & DELIVERY.\n\nWe ship from different warehouses in different countries. For orders with more than one item, we may split your\norder into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly\nas possible. However, sometimes during busy sale periods, deliveries may take longer. The expected delivery\ntime is within 30 days, however, in case of shipping from countries other than the European Countries, it can be\nlonger, pursuant to the information provided during the order process. If you have not received your delivery\nwithin 30 business days, please contact our Customer Services Platform .\nUnless agreed otherwise, shipping will be made to the delivery address indicated by you. The title and risk of\ndamage or loss of products passes to you upon delivery of your order to the international carrier for delivery to\nyour country. We encourage you to purchase the shipping guarantee (insurance), if available on the Site, to\nensure that you will be compensated in the event your order is lost or damaged during shipping.\n(1) If you are a consumer residing in the European Countries, you may have statutory warranty rights.\nNotwithstanding such statutory warranty rights or your possible right of withdrawal pursuant to Section B. 11,\nwrong size items and quality problem items can be exchanged pursuant to this provision ( “voluntary return\npolicy” ).\nYou may return your order up to 45 days from the purchase date by notifying us of your decision to do so via the\nrespective function of the Site or Apps. Based on your wishes, we will either exchange the product or refund you\nthe purchase price and shipping cost (free shipping only available for one return per purchase order). The refund\nwill be paid either to your Wallet within your user account or to the original method of payment at your election.\nThe following items cannot be returned or exchanged pursuant to our voluntary return policy: bodysuits, lingerie &\nsleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).\n(2) To exercise your statutory warranty rights or make use of our voluntary return policy, you must inform us by\nfollowing the instructions on our Return page or contacting our Customer Services Platform .\nIn addition to your right under our voluntary return policy, if you are a consumer residing in the European Country,\nyou also have the following statutory right to withdraw from the Agreement.\nThe statutory right to withdrawal does not exist or lapses, as the case may be, in the case of Agreements\nregarding the supply of sealed products which are not suitable for return due to health protection or hygiene\nB. 9. TITLE AND RISK OF LOSS.\nB. 10. WARRANTY AND RETURN OF PRODUCTS.\nB. 11. RIGHT OF WITHDRAWAL.\n\nreasons (e.g. bodysuits, lingerie & sleepwear, swimwear) and which were unsealed after delivery.\nRight of withdrawal\nYou have the right to withdraw from this contract within 14 days without giving any reason.\nThe withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the\ncarrier and indicated by you acquires, physical possession of the goods.\nTo exercise the right of withdrawal, you must inform us by contacting our Customer Service Platform of your\ndecision to withdraw from this contract by an unequivocal statement. You may use the attached model withdrawal\nform, but it is not obligatory.\nTo meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of\nthe right of withdrawal before the withdrawal period has expired.\nEffects of withdrawal\nIf you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs\nof delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other\nthan the least expensive type of standard delivery offered by us), without undue delay and in any event not later\nthan 14 days from the day on which we are informed about your decision to withdraw from this contract. We will\ncarry out such reimbursement using the same means of payment as you used for the initial transaction, unless\nyou have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.\nWe may withhold reimbursement until we have received the goods back or you have supplied evidence of having\nsent back the goods, whichever is the earliest.\nYou shall send back the products or hand them over to us without undue delay and in any event not later than 14\ndays from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you\nsend back the goods before the period of 14 days has expired. You will bear the costs of returning the products.\nYou are only liable for any diminished value of the goods resulting from the handling other than what is necessary\nto establish the nature, characteristics and functioning of the goods.\nModel Withdrawal Form\nIf you are residing in the European Union:\n1.To: Infinite Styles Ecommerce Co., Ltd., 1-2 Victoria Building, Haddington Road, Dublin 4, Ireland,\n2.I / we (*) hereby give notice that I/we (*) withdraw from my / our (*) contract of sale of the following goods (*) / for\nthe provision of the following service (*):\n3.Ordered on (*) / received on (*):\n4.Name of the consumer (s):\n5.Address of the consumer (s):\n6.Signature of the consumer (s) (only for notification on paper):\n7.Date:\n(*) Delete where inapplicable\n\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Vinted","url":"https://www.vinted.pl/terms_and_conditions","lang":"PL","sector":"Shopping","hq":"Lithuania","hq_category":"EU","is_public":"Private","is_paid":"Optionally paid","date":"08.07.2020"},"document":{"title":"","text":"Regulamin Vinted\nRegulamin korzystania z platformy Vinted\nOGÓLNE WARUNKI KORZYSTANIA - nowa wersja obowiązuje od 8 lipca 2020 r\nSerwis wystawiania przedmiotów online VINTED (zwany dalej \"Witryną\") jest zarządzany przez\nspółkę VINTED, UAB (zwaną dalej \"VINTED\"), z siedzibą przy ul. Svitrigailos 13, 03228 Wilno, Litwa,\nzarejestrowaną pod numerem 302767152 w Rejestrze Spółek Republiki Litewskiej.\nPrzed zarejestrowaniem się na Witrynie, każdy Użytkownik musi zapoznać się z niniejszymi Ogólnymi\nWarunkami Korzystania (zwanymi dalej \"Ogólnymi Warunkami\"), Polityką Prywatności (zgodnie z\ndefinicjami, które również będą aktualizowane), jak również z innymi obowiązkowymi postanowieniami\nWitryny, zaakceptować je i zobowiązać się do ich przestrzegania.\n1. CEL\n1.1 Niniejsze Ogólne Warunki określają wzajemne relacje pomiędzy VINTED a Użytkownikami lub\nOdwiedzającymi.\n1.2 Możesz skontaktować się z VINTED, wypełniając formularz dostępny tutaj.\n1.3 Witryna umożliwia Użytkownikowi wymianę i/lub sprzedaż i/lub zakup Przedmiotów oraz korzystania z\ninnych Usług Dodatkowych oferowanych przez Witrynę.\n1.4 Usługi nie są przeznaczone dla osób niepełnoletnich. W przypadku osób niepełnoletnich rodzic lub\nopiekun (osoba dorosła) musi zarejestrować się w celu korzystania z Usług i nadzorować korzystanie z Usług\nprzez osoby niepełnoletnie.\nProfesjonalni sprzedający nie są upoważnieni do korzystania z Usług. Profesjonalni Sprzedający, którzy\ndokonują transakcji z konsumentami, podlegają szczególnym przepisom prawa.\n1.5 Rejestrując się na Witrynie, Użytkownik musi podać swoje pełne imię i nazwisko, nazwę użytkownika\n(pseudonim), adres e-mail i hasło (bezpośrednio lub za pośrednictwem profilu Facebook lub Google), w celu\numożliwienia Witrynie identyfikacji Użytkownika za każdym razem, gdy korzysta z Witryny. Nawet jeśli\npodczas rejestracji na Witrynie Użytkownik podał swoje imię i nazwisko, inni Użytkownicy będą widzieć\ntylko nazwę (pseudonim) Użytkownika, która może różnić się od jego imienia i nazwiska. Dla celów\nbezpieczeństwa, VINTED może zażądać udzielenia pewnych potwierdzeń w odniesieniu do twojego konta.\nTakie potwierdzenia mogą obejmować m.in. powiązanie twojego konta Facebook, Google lub konta innej\nosoby trzeciej, potwierdzenie numeru telefonu, przedstawienie dowodu posiadacza karty, podanie unikalnego\nkodu PIN lub inne potwierdzenia, które VINTED może wprowadzić według własnego uznania. Wszystkie\ndane gromadzone w wyniku takiego potwierdzenia będą przetwarzane zgodnie z naszą Polityką\nPrywatności, która jest częścią umowy pomiędzy VINTED a Użytkownikiem.\nVINTED może, według własnego uznania, zmienić Ogólne Warunki w celu:\na) dostosowania Ogólnych Warunków do obowiązujących lub przyjmowanych zmian przepisów ustawowych\nlub wymogów regulacyjnych;\nb) dostosowania Ogólnych Warunków do wszelkich orzeczeń sądów, organów ochrony konsumentów lub\ninnych właściwych organów, które mają wpływ na zawartość Witryny;\nc) skorygowania wszelkich błędów (np. błędy ortograficzne lub inne rodzaje błędów, które nie zmieniają\nznaczenia istniejących zdań) niewykrytych do tej pory;\nd) zapewnienia większej klarowności i rzetelności niniejszych Warunków;\ne) odzwierciedlenia zmian i rozwoju w sposobie prowadzenia działalności;\n\nf) odzwierciedlenia zmian w warunkach rynkowych lub standardowych praktyk branżowych.\nW granicach obowiązującego prawa, w przypadku jakiejkolwiek zmiany Ogólnych Warunków, w tym\nCennika (np. nowych usług), Użytkownicy zostaną poinformowani poprzez powiadomienie na Witrynie,\nzanim zmiana zacznie obowiązywać, lub w przypadku bardziej istotnych zmian (np. zmian mających wpływ\nna prawa lub obowiązki Użytkowników, główne funkcjonalności platformy lub innych istotnych zmian w\nsposobie działania Witryny), za pośrednictwem poczty elektronicznej wysłanej na adres e-mail podany w\nmomencie rejestracji 15 dni przed wejściem w życie zmiany. Jeżeli Użytkownik nie zgadza się z\nktórąkolwiek z zaproponowanych zmian, może zdecydować się na zakończenie relacji z VINTED i\nzamknięcie swojego konta VINTED, zgodnie z punktem 15.3. Wszelkie zmiany Ogólnych Warunków\nopublikowanych na Witrynie będą miały natychmiastowe zastosowanie do Odwiedzających.\n1.6 Użytkownikowi wyraźnie przypomina się, że Internet nie jest bezpieczną siecią. Użytkownik przyjmuje\ndo wiadomości, że został w pełni poinformowany o zawodności Internetu, w szczególności w zakresie\nnaruszeń bezpieczeństwa transmisji danych oraz braku gwarancji wydajności w zakresie wolumenu i\nszybkości transmisji danych. Dokładamy wszelkich starań, aby VINTED było jak najbezpieczniejsze.\nNiemniej jednak Internet nie jest siecią bezpieczną, a niezawodność systemu może pogorszyć się niezależnie\nod woli VINTED. VINTED nie ponosi odpowiedzialności za nieprzewidywalne zdarzenia, takie jak\nnaruszenie bezpieczeństwa transmisji danych ani za gwarancje wydajności w zakresie wolumenu i szybkości\ntransmisji danych. W tych okolicznościach, do Użytkowników należy podjęcie wszelkich odpowiednich\nśrodków w celu ochrony ich własnych danych i/lub oprogramowania, w szczególności przed atakiem przez\nwirusy krążące w Internecie.\n2 DEFINICJE\nKupujący – oznacza każdego Użytkownika, który kupuje lub chce kupić jeden lub więcej Przedmiotów na\nWitrynie; \nPrzedmioty – oznaczają przedmioty, których sprzedaż nie jest zabroniona przez obowiązujące prawo\nkrajowe i które Użytkownik umieścił w odpowiednim Katalogu Witryny, w celu ich sprzedaży, wymiany lub\nprzekazania;\nKatalog – oznacza elektroniczny katalog, w którym wystawiony jest ten sam rodzaj Przedmiotów, przy\nzałożeniu, że wszyscy Użytkownicy muszą przestrzegać zasad korzystania z Katalogu wprowadzonych przez\nVINTED oraz Listy Produktów i Usług Niedozwolonych Adyen N.V. (jeśli dotyczy);\nKonto Użytkownika lub Konto – oznacza rejestrację Użytkownika na Witrynie; utworzone konto zawiera\ndane osobowe;\nKonta w serwisach społecznościowych – oznacza konta w serwisach Facebook, Google+, Twitter,\nInstagram, Pinterest, YouTube i innych serwisach społecznościowych, gdzie dostarczane są informacje o\nWitrynie i oferowanych przez nią Usługach, udostępniając treści publikowane przez Użytkowników;\nPotwierdzenie Odbioru – oznacza potwierdzenie, że Kupujący lub Użytkownik otrzymał Przedmiot;\nForum – oznacza podstronę Witryny, na której Użytkownicy mogą publicznie komunikować się na\nokreślony temat lub bez konkretnego tematu. Zasady mające zastosowanie do Forum są dostępne tutaj;\nCennik – oznacza dokument przedstawiający ceny płatnych Usług VINTED;\nWiadomości prywatne – oznaczają komunikację poprzez wymianę prywatnych wiadomości pomiędzy\nUżytkownikami za pośrednictwem systemu wiadomości na Witrynie, do którego dostęp mają jedynie\nzainteresowani Użytkownicy;\nAktualności – oznacza oferty krótko- i długoterminowe, konkursy lub nowe Usługi publikowane na\nWitrynie;\nPolityka Prywatności – oznacza dokument określający sposób, w jaki VINTED gromadzi, wykorzystuje,\nprzechowuje i przekazuje dane osobowe oraz inne ważne informacje dotyczące Odwiedzającego lub\n\nUżytkownika;\nPolityka dotycząca plików cookies – oznacza dokument określający sposób, w jaki VINTED gromadzi,\nwykorzystuje, przechowuje i przekazuje dane osobowe oraz inne ważne informacje dotyczące\nOdwiedzającego lub Użytkownika gromadzone za pomocą plików cookies;\nUsługi – oznaczają wszystkie usługi, w tym Usługi Główne i Usługi Dodatkowe;\nUsługi Dodatkowe – oznaczają odpłatne usługi dodatkowe świadczone przez VINTED i publikowane na\nWitrynie (zgodnie z Cennikiem), takie jak Usługi Weryfikacji Tożsamości, które nie są uznawane za usługi\ngłówne i które mogą być przedmiotem odrębnych ogólnych warunków korzystania;\nZintegrowana Usługa Płatności i Wysyłki – oznacza opcjonalną dla Użytkownika Usługę ułatwiającą i\nzabezpieczającą płatność i dostawę Przedmiotu, gdy Transakcja stanowi umowę sprzedaży.\nZintegrowana Usługa Płatności – oznacza usługę płatności online za Przedmioty dostępną dla Kupującego\nna Witrynie, przy czym usługi płatnicze są świadczone przez partnera VINTED;\nZintegrowana Usługa Wysyłki – oznacza opłaconą przez Kupującego Usługę wysyłki i dostawy,\numożliwiającą Sprzedającemu dostarczenie Przedmiotu Kupującemu w ramach umowy sprzedaży, przy\nczym usługa wysyłki, transportu i dostawy są świadczone przez jednego z partnerów VINTED;\nUsługi Główne – oznaczają oferowaną przez VINTED Użytkownikom i Odwiedzającym możliwość, w\nszczególności nieograniczoną możliwość umieszczania Przedmiotów w odpowiednim Katalogu,\nprzeglądania Przedmiotów, bezpośredniego uczestniczenia w wymianie lub zakupie-sprzedaży lub innych\nTransakcjach, korzystania ze Zintegrowanych Usług Płatności i Wysyłki oraz komunikowania się między\nnimi prywatnie i/lub publicznie, w szczególności za pośrednictwem Forum;\nWitryna – oznacza stronę internetową VINTED, jak również aplikacje mobilne VINTED pobierane na\nsmartfony lub tablety;\nTransakcja – oznacza wszelkie transakcje, które przenoszą własność i/lub korzystanie z Przedmiotu z\njednego Użytkownika na innego, w tym między innymi umowę sprzedaży zawartą bezpośrednio pomiędzy\nKupującym a Sprzedającym, lub wymianę, lub jakąkolwiek inną transakcję przeprowadzaną pomiędzy\nUżytkownikami;\nUżytkownik – oznacza każdą osobę fizyczną, która po zarejestrowaniu się na Witrynie jest uprawniona do\nkorzystania ze wszystkich Usług Witryny w celu zaspokojenia swoich osobistych potrzeb, które nie są\nzwiązane z działalnością zawodową;\nSprzedający – oznacza każdego Użytkownika, który umieścił jeden lub więcej Przedmiotów w\nodpowiednim Katalogu Witryny;\nOdwiedzający – oznacza każdą osobę niezarejestrowaną na Witrynie, która może korzystać z Witryny bez\nrejestracji, zgodnie z Ogólnymi Warunkami;\nAdyen N.V. – oznacza spółkę publiczną zarejestrowaną w Holandii pod numerem 34259528 z siedzibą przy\nSimon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Holandia.\nOchrona Kupującego – oznacza ochronę proponowaną Kupującemu korzystającemu ze Zintegrowanej\nUsługi Płatności i Wysyłki po spełnieniu szczegółowych warunków opisanych w pkt. 8.\n3 USŁUGI\n3.1 VINTED jest internetowym pośredniczącym serwisem hostingowym oferującym Użytkownikom\nwirtualne forum wymiany, czyli Witrynę, usystematyzowany Katalog i Forum. Użytkownicy mają\nmożliwość umieszczenia swoich Przedmiotów w odpowiednim Katalogu na Witrynie, wymiany, kupna lub\nsprzedaży Przedmiotów, korzystania ze Zintegrowanej Usługi Płatności i Wysyłki, komunikowania się\npoprzez wysyłanie Wiadomości Prywatnych, komunikowania się na Forum oraz korzystania z innych Usług\n\nDodatkowych oferowanych przez Witrynę. VINTED nie jest stroną żadnej Transakcji pomiędzy\nUżytkownikami. W żadnym wypadku VINTED nie będzie kupować, sprzedawać lub wymieniać\nPrzedmiotów znajdujących się na Witrynie, ani nie będzie do tego dążyć. VINTED oferuje Usługi\nułatwiające zawieranie Transakcji.\n3.2 Użytkownicy mogą zamówić Usługi Dodatkowe na Witrynie na warunkach wskazanych na Witrynie i\nzapłacić VINTED odpowiednią cenę (zgodnie z Cennikiem), w tym, jeśli dotyczy, usługę weryfikacji\ntożsamości.\n3.3 Niniejsze Ogólne Warunki, Polityka Prywatności i inne zasady opublikowane na Witrynie VINTED\nmają zastosowanie do Użytkowników i Odwiedzających Konta w serwisach społecznościowych VINTED,\nktóre muszą być z nimi zgodne.\n4 WYSTAWIANIE PRZEDMIOTÓW\n4.1 Jako warunek wstępny:\nTylko towary określone w zasadach korzystania z Katalogu mogą być wystawiane na Witrynie.\nPonadto, w przypadku korzystania ze Zintegrowanej Usługi Płatności i Wysyłki, Użytkownicy muszą\nstosować się do Listy Produktów i Usług Niedozwolonych Adyen N.V. zgodnie z punktem 6.5.\nSprzedający musi zapewnić, że jego Przedmioty są zgodne z zasadami korzystania z Katalogu, a w\nprzypadku korzystania ze Zintegrowanej Usługi Płatności i Wysyłki, Użytkownicy muszą stosować się\ndo Listy Produktów i Usług Niedozwolonych Adyen N.V., jak przewidziano w punkcie 6.5. Niektóre\nkategorie przedmiotów nie mogą być prezentowane.\nSprzedający musi być właścicielem tych Przedmiotów i mieć prawo do ich sprzedaży, wymiany lub\nprzekazania.\nSprzedający musi podać swoje imię i nazwisko przy pierwszym wystawieniu Przedmiotu.\nSprzedaż, wymiana, korzystanie z lub posiadanie takich Przedmiotów nie może naruszać praw osób\ntrzecich, musi być zgodne z prawami własności intelektualnej i nie może naruszać żadnego prawa lub\nregulacji lokalnych, krajowych lub międzynarodowych.\nPrzedmiot musi spełniać powszechnie stosowane na rynku w zależności od charakteru Transakcji\nwymagania dla tego typu Przedmiotów, chyba że pomiędzy Kupującym a Sprzedającym istnieje\nodmienne porozumienie.\n4.2 Sprzedający, wystawiając Przedmiot w Katalogu, musi wypełnić kwestionariusz dotyczący wystawienia\nPrzedmiotu. Sprzedający musi jak najdokładniej opisać Przedmiot, wskazać ewentualne wady i podać cenę\nPrzedmiotu. Sprzedający, gdy wystawia Przedmiot, oświadcza, że jest on zgodny z podanym opisem i że\njego opis jest wyczerpujący. Umieszczanie Przedmiotów w Katalogu na Witrynie jest bezpłatne. Sprzedający\nmogą zdecydować o zapłaceniu za Usługi Dodatkowe, na przykład celem poprawy widoczności ich\nPrzedmiotów.\n4.3 Przedmiot umieszczony w Katalogu musi być nie tylko opisany w kwestionariuszu dotyczącym\nwystawienia Przedmiotu, ale musi być również sfotografowany. Zdjęcie musi być umieszczone obok opisu\nPrzedmiotu. Przynajmniej jedno zdjęcie dobrej jakości musi być umieszczone w momencie wystawienia\nPrzedmiotu (użycie zdjęć znalezionych w Internecie i/lub zdjęć podobnego przedmiotu jest zabronione).\nMusi ono odzwierciedlać rzeczywistą jakość i wygląd zewnętrzny Przedmiotu, jak również obecność\njakichkolwiek defektów Przedmiotu.\n4.4 Ilość Przedmiotów wystawianych w Katalogu na Witrynie jest nieograniczona. Wystawianie tych samych\nPrzedmiotów więcej niż jeden raz w Katalogu Witryny jest zabronione.\n4.5 Sprzedający, który wystawił Przedmiot, może go wycofać lub zmienić cenę w każdym czasie przed\nnawiązaniem kontaktu z Użytkownikiem w celu sprzedaży lub wymiany danego Przedmiotu.\n5 SPRZEDAŻ PRZEDMIOTÓW I CENY ZA DODATKOWE USŁUGI\n5.1 Dla celów Usług Dodatkowych, Sprzedający musi podać swoje dane konta bankowego, tak aby kwota\nsprzedaży zrealizowanej na Witrynie mogła zostać przekazana na jego osobiste konto bankowe. Jeżeli konto\n\nbankowe lub karta należąca do osoby trzeciej jest zarejestrowana na Witrynie, zespół VINTED może zażądać\ndowodu tożsamości.\nUsługi te będą wiązały się z kosztami, które poniesie Kupujący, a których wysokość wskazana jest\nw Cenniku. VINTED może zmienić Cennik w każdym czasie na warunkach określonych w Artykule 1.5\npowyżej. Jeżeli Użytkownik nie zgadza się z którąkolwiek z proponowanych zmian, może zdecydować się\nna zakończenie relacji z VINTED i zamknięcie swojego konta VINTED, zgodnie z punktem 15.3.\n5.2 Użytkownicy mogą wymieniać Przedmioty. W takim przypadku wymiana dokonywana jest bezpośrednio\nprzez Użytkowników. W przypadku wymiany, VINTED nie ponosi odpowiedzialności ani nie będzie\norganizować wysyłek realizowanych pomiędzy Użytkownikami.\n5.3 Wystawienie Przedmiotu na sprzedaż w Katalogu stanowi ofertę sprzedaży danego Przedmiotu przez\nSprzedającego, która może zostać zaakceptowana przez Kupującego.\n5.4 W przypadku, gdy Transakcja jest sprzedażą (a nie wymianą), Zintegrowana Usługa Płatności i Wysyłki\njest automatycznie oferowana Kupującym. Jeżeli Kupujący wybierze Zintegrowaną Usługę Płatności i\nWysyłki, uznaje się, że zaakceptował on ofertę Sprzedającego, gdy kliknie \"Zapłać\" na stronie płatności.\nKupujący przyjmuje do wiadomości, że przyjęcie przez niego oferty zostało dokonane z uwzględnieniem\nopisu Przedmiotu, który jest przedmiotem sprzedaży, oraz że stanowi to wiążące zobowiązanie do zawarcia\numowy ze Sprzedającym na warunkach oferty.\n5.5 Kupujący może podjąć decyzję o niekorzystaniu ze Zintegrowanej Usługi Płatności i Wysyłki. W takim\nprzypadku Kupujący i Sprzedający ponoszą wyłączną odpowiedzialność za organizację i konsekwencje\nWysyłki Przedmiotu i nie mogą korzystać ze świadczonej przez VINTED w tym zakresie pomocy.\n5.6 Szczegóły dotyczące istniejących Usług promocyjnych dotyczących Przedmiotów znajdują się\nw Cenniku. Usługi te mogą zostać zmienione w każdym czasie na warunkach określonych w punkcie 1.5\npowyżej. Jeżeli Użytkownik nie zgadza się z którąkolwiek z proponowanych zmian, może zdecydować się\nna zakończenie relacji z VINTED i zamknięcie swojego konta VINTED, zgodnie z punktem 15.3.\n6 ZINTEGROWANA USŁUGA PŁATNOŚCI\n6.1 Zintegrowana Usługa Płatności i Wysyłki jest dostępna tylko w niektórych krajach. Jeżeli Usługa jest\nniedostępna, Sprzedający i Kupujący muszą uzgodnić inne metody realizacji Transakcji.\n6.2 Zintegrowana Usługa Płatności jest opcjonalna i jest automatycznie oferowana Kupującym, jeśli\nTransakcja jest sprzedażą. Gdy tylko Kupujący zdecyduje się skorzystać ze Zintegrowanej Usługi Płatności,\na Sprzedający nie zrezygnuje z tej usługi, Sprzedający musi się do niej zastosować.\n6.3 Jeśli Zintegrowana Usługa Płatności i Wysyłki jest wykorzystywana, zapłata za Przedmiot i dostawa\nPrzedmiotu są ułatwione i zabezpieczone. Dlatego też, z uwagi na tę dodatkową Ochronę Kupującego,\nVINTED pobiera odpowiednie opłaty za takie usługi. W tym przypadku, dla każdej Transakcji, Kupujący są\nobciążani dodatkową opłatą doliczaną do ceny zakupu za skorzystanie z Usług Dodatkowych oferowanych\nprzez VINTED. Całkowita kwota takiej opłaty jest pokazana Kupującemu w Witrynie zanim zakończy on\nskładanie zamówienia i jest wyliczana zgodnie z Cennikiem. Uiszczenie opłaty za Zintegrowaną Usługę\nPłatności pozwala Kupującemu korzystać z Ochrony Kupującego opisanej w pkt. 8.1 poniżej.\n6.4 W ramach Zintegrowanej Usługi Płatności, Kupujący musi zapłacić z góry za Przedmiot(y) zakupiony(e)\nod Sprzedający za pomocą karty kredytowej lub debetowej lub innej metody płatności, które mogą być od\nczasu do czasu wprowadzane w ramach Zintegrowanej Usługi Płatności dostępnej na Witrynie.\n6.5 Kwoty zapłacone przez Kupującego zostaną zatrzymane przez dostawcę usług płatniczych wybranego\nprzez VINTED w e-portfelu działającym jako rachunek zastrzeżony (rachunek escrow) do czasu zakończenia\ntransakcji. Transakcja zostaje zakończona, gdy Kupujący potwierdzi VINTED, że Przedmiot spełnia warunki\noferty lub po upływie czasu do otwarcia sporu lub po jego ewentualnym rozstrzygnięciu. Po zakończeniu\ntransakcji środki pieniężne zostaną niezwłocznie przekazane do e-portfela Sprzedającego. Środki dostępne w\ne-portfelu Użytkownika mogą być w każdej chwili przelane na jego osobiste konto bankowe, bez żadnych\nŚ\n\nopłat za przelew ani opłat za jakąkolwiek kwotę. Środki dostępne w e-portfelu mogą być wykorzystane do\ndokonywania zakupów na VINTED od innych Użytkowników.\n6.6 VINTED zleca zewnętrznemu dostawcy usług płatniczych Adyen N.V. przetwarzanie płatności i\nprzechowywanie informacji dotyczących karty kredytowej lub debetowej lub jakiejkolwiek innej oferowanej\nmetody płatności. W celu uzyskania możliwości korzystania ze Zintegrowanej Usługi Płatności, Kupujący\noświadcza, że akceptuje ogólne warunki korzystania tego dostawcy usług. Kupujący ponosi wyłączną\nodpowiedzialność za przekazywanie informacji związanych z kartą kredytową lub debetową, a VINTED w\npełnym zakresie dozwolonym przez obowiązujące przepisy prawa niniejszym wyklucza wszelką\nodpowiedzialność. Dostawcą usług płatniczych jest Adyen N.V., z którym Użytkownik zawiera bezpośrednią\numowę poprzez potwierdzenie swojego zamówienia. Vinted pomoże i wesprze swoich Użytkowników w\nkorzystaniu z usług świadczonych przez Adyen N.V. oraz zapewni bezpośrednią pomoc i umożliwi\nkorzystanie z usług Adyen N.V. VINTED jest jedyną stroną uprawnioną do wydawania poleceń dostawcy\nusług płatniczych w celu przetwarzania płatności kwoty za Przedmiot na rzecz Sprzedającego, gdy tylko\nKupujący potwierdzi VINTED, że otrzymał Przedmiot zgodnie z ofertą i jest w tym względzie\nusatysfakcjonowany lub istnieje domniemanie, że go otrzymał i zaakceptował. Aby uzyskać dodatkowe\ninformacje, patrz punkt 8 poniżej.\n6.7 Należy pamiętać, że prawo do korzystania z usług płatniczych przysługuje wyłącznie w przypadku\nsprzedaży we własnym imieniu Użytkownika. Użytkownik nie może odsprzedawać, wynajmować ani w\nżaden inny sposób pozwalać osobom trzecim na korzystanie z usług płatniczych w celu umożliwienia\nopłacenia świadczonych przez nich usług. Użytkownik nie może korzystać z usług płatniczych w odniesieniu\ndo różnych rodzajów produktów i usług innych niż zarejestrowane w VINTED. W szczególności\nUżytkownik potwierdza, że nie będzie korzystał z usług płatniczych w odniesieniu do żadnego rodzaju\nproduktów lub usług pojawiających się w zasadach korzystania z Katalogu oraz na Liście Produktów i Usług\nNiedozwolonych Adyen N.V. Jeśli VINTED lub Adyen N.V. w dowolnym momencie odkryje, że informacje\npodane przez Użytkownika na jego temat są nieprawidłowe lub uległy zmianie bez powiadomienia VINTED\nlub jeśli Użytkownik naruszy którykolwiek z tych warunków, Usługi mogą zostać zawieszone i/lub\nwypowiedziane ze skutkiem natychmiastowym.\n6.8 W przypadku podejrzenia jakiegokolwiek oszustwa popełnionego przez Użytkownika, VINTED\nniezwłocznie zawiesi konto danego Użytkownika, jak również transakcje będące w toku, na czas\noczekiwania na wyniki prowadzonego dochodzenia.\n6.9 W przypadku wystąpienia jakiegokolwiek problemu zgłoszonego VINTED przez dostawcę\nZintegrowanej Usługi Płatności, VINTED niezwłocznie zawiesi konto danego Użytkownika, jak również\ntransakcje będące w toku, na czas oczekiwania na wyniki prowadzonego dochodzenia.\n6.10 VINTED zastrzega sobie prawo do zawieszenia konta Użytkownika w przypadku wszczęcia przez\nUżytkownika sporu za pośrednictwem zewnętrznych dostawców usług płatniczych, i gdy VINTED ma ku\ntemu uzasadniony powód (np. w przypadku naruszenia obowiązującego prawa i/lub niniejszych Ogólnych\nWarunków i/lub istnieje prawdopodobieństwo niewłaściwego korzystania z Witryny).\n7 ZINTEGROWANA USŁUGA WYSYŁKI\n7.1 W ramach Zintegrowanej Usługi Wysyłki, VINTED oferuje swoim Użytkownikom usługi innych\nusługodawców specjalizujących się w transporcie i dostawach, jak opisano poniżej. VINTED może w każdej\nchwili skorzystać z usług innego dostawcy zewnętrznego. W takim przypadku zastosowanie będą miały te\nsame zasady, co poniżej.\nOd momentu, gdy Użytkownik wybierze jedną z tych Usług i dokona odpowiedniej opłaty na rzecz\nVINTED, kwoty zapłacone przez Kupującego zostaną zatrzymane przez dostawcę usług płatniczych\nwybranego przez VINTED w e-portfelu działającym jako rachunek zastrzeżony (rachunek escrow) do\nmomentu zakończenia transakcji.\nZintegrowane etykiety wysyłki:\n(1) W przypadku wyboru przez Kupującego Zintegrowanych Usług Wysyłki InPost, etykieta wysyłki\nVINTED jest automatycznie wysyłana do Sprzedającego i musi być wykorzystana do wysyłki Przedmiotu do\n\nKupującego. Po zakończeniu transakcji, (i) Sprzedający otrzymuje cenę Przedmiotu zatrzymaną na rachunku\nzastrzeżonym (rachunku escrow), a (ii) pozostała część, tj. opłacona z góry kwota usługi wysyłki, jest\nprzelewana VINTED. W przypadku zagubienia Przedmiotu w trakcie procesu wysyłki, VINTED zwróci\nKupującemu pełną kwotę ceny zatrzymanej na rachunku zastrzeżonym (rachunku escrow). W ramach tej\nusługi, ogólne warunki sprzedaży InPost mają zastosowanie do Użytkownika, który korzysta ze\nzintegrowanej etykiety wysyłki. W szczególności Sprzedający będzie korzystał z limitu odszkodowania w\nwysokości 200 zł z tytułu ubezpieczenia InPost.\n(2) W przypadku wyboru przez Kupującego Zintegrowanych Usług Wysyłki Poczta Polska, etykieta wysyłki\nVINTED jest automatycznie wysyłana do Sprzedającego i musi być wykorzystana do wysyłki Przedmiotu do\nKupującego. Po zakończeniu transakcji, (i) Sprzedający otrzymuje cenę Przedmiotu zatrzymaną na rachunku\nzastrzeżonym (rachunku escrow), a (ii) pozostała część, tj. opłacona z góry kwota usługi wysyłki, jest\nprzelewana VINTED. W przypadku zagubienia Przedmiotu w trakcie procesu wysyłki, VINTED zwróci\nKupującemu pełną kwotę ceny zatrzymanej na rachunku zastrzeżonym (rachunku escrow). W ramach tej\nusługi, ogólne warunki sprzedaży Przesyłki Poleconej Poczty Polskiej / Kuriera Pocztex 48 Poczty\nPolskiej mają zastosowanie dla Użytkownika, który korzysta ze zintegrowanej etykiety wysyłki. W ramach\nubezpieczenia Poczty Polskiej Sprzedający może skorzystać z odszkodowania w wysokości od 100 do 1000\nzłotych w zależności od rodzaju wybranej usługi.\n(3) W przypadku wyboru przez Kupującego Zintegrowanych Usług Wysyłki ORLEN Paczka (wcześniej\nzwana RUCH S.A.), etykieta wysyłki VINTED jest automatycznie wysyłana do Sprzedającego i musi być\nwykorzystana do wysyłki Przedmiotu do Kupującego. Po zakończeniu transakcji, (i) Sprzedający otrzymuje\ncenę Przedmiotu zatrzymaną na rachunku zastrzeżonym (rachunku escrow), a (ii) pozostała część, tj.\nopłacona z góry kwota usługi wysyłki, jest przelewana VINTED. W przypadku zagubienia Przedmiotu w\ntrakcie procesu wysyłki, VINTED zwróci Kupującemu pełną kwotę ceny zatrzymanej na rachunku\nzastrzeżonym (rachunku escrow). W ramach tej usługi ogólne warunki sprzedaży ORLEN Paczka, mają\nzastosowanie dla Użytkownika, który korzysta z opcji zintegrowanej etykiety wysyłki. W szczególności\nSprzedający będzie objęty możliwością uzyskania odszkodowania z tytułu ubezpieczenia ORLEN Paczka. w\nlimicie do 500 zł (pod warunkiem, że zamówienie zostało odpowiednio zapakowane).\nInstrukcje wysyłki:\nObecnie nie oferujemy opcji instrukcji wysyłki.\n7.2 Koszt Zintegrowanej Usługi Wysyłki jest wskazany w Cenniku i jest należny od Kupującego za dowolny\nPrzedmiot w Katalogu oprócz ceny sprzedaży i Zintegrowanej Usługi Płatności.\n7.3 Gdy tylko cena zostanie zapłacona przez Kupującego, VINTED wysyła potwierdzenie do Sprzedającego.\nSprzedający jest odpowiedzialny za zapoznanie się z przesłanymi mu instrukcjami dostawy oraz za wysłanie\nPrzedmiotu w ciągu pięciu (5) dni roboczych od otrzymania przez VINTED informacji o zawartej umowie\nsprzedaży. W tym względzie Sprzedający musi w szczególności zanotować numer przesyłki z Witryny.\n7.4 W przypadku niewysłania Przedmiotu Kupującemu w ciągu pięciu (5) dni roboczych od otrzymania\ninformacji o wysyłce, VINTED ma prawo do wydania polecenia zewnętrznemu dostawcy usług płatniczych\nprowadzącemu rachunek zastrzeżony (rachunek escrow) do dokonania zwrotu całkowitej ceny zakupu, w\ntym kosztów wysyłki, Kupującemu poprzez wpłacenie odpowiedniej kwoty na jego rachunek. Zwrot\ncałkowitej ceny zakupu, w tym kosztów wysyłki, będzie stanowił jedyne roszczenie Kupującego na\npodstawie jego umowy ze Sprzedającym.\n7.5 Jeżeli Sprzedający zdecyduje się na zastosowanie metody wysyłki z uwzględnieniem niestandardowych\nkosztów wysyłki, ponosi odpowiedzialność za wszelkie straty, uszkodzenia lub nieodebranie przesyłki. W\nzwiązku z tym Sprzedający będzie odpowiedzialny za wybór bezpiecznej metody wysyłki oferującej\ngwarancje w przypadku wystąpienia jakichkolwiek problemów.\n8 Zintegrowana Usługa Płatności i Wysyłki / Zwrot kosztów / Akceptacja Przedmiotu / Ochrona\nKupującego\n8.1. Kupujący korzystający ze Zintegrowanej Usługi Płatności i Wysyłki może być uprawniony do zwrotu\nkosztów na zasadach Ochrony Kupującego, jeśli warunki opisane poniżej zostaną spełnione:\n\n8.1.1. Jeżeli Przedmiot nie odpowiada zasadniczo opisowi przedstawionemu przez Sprzedającego, w tym\njeśli Przedmiot został zniszczony w trakcie wysyłki, Kupujący ma 2 dni, licząc od daty doręczenia\nPrzedmiotu, na poinformowanie VINTED poprzez kliknięcie na okno dyskusyjne ze Sprzedającym.\nWstrzyma to Transakcję i VINTED zachowa całkowitą cenę zakupu. W pierwszej kolejności Kupujący i\nSprzedający mają prawo do samodzielnego rozwiązania sporu i poinformowania VINTED o wspólnej\ndecyzji. W takim przypadku VINTED zobowiązuje się do zastosowania się do takiej decyzji i zwrotu\nkosztów Kupującemu lub Sprzedającemu. Jeżeli Kupujący i Sprzedający nie dojdą bezpośrednio do\nporozumienia lub nie chcą bezpośrednio rozwiązać sporu, Kupujący lub Sprzedający może przekazać sprawę\nVINTED. Po dokonaniu przez Vinted przeglądu sporu i stwierdzeniu przez VINTED, że Przedmiot nie jest w\nistocie taki, jak go opisano, porównując go z wystawionym Przedmiotem, VINTED anuluje Transakcję,\ninformując zewnętrznego dostawcę usług płatniczych prowadzącego rachunek zastrzeżony (rachunek\nescrow) w celu zwrotu kosztów poniesionych przez Kupującego po odesłaniu przedmiotu do Sprzedającego. \nKupujący otrzyma zwrot całkowitej kwoty zakupu. Należy pamiętać, że VINTED nie zapewnia usługi\nodesłania Przedmiotu, a Kupujący musi zapłacić za odesłanie Przedmiotu, chyba że uzgodniono inaczej\nze Sprzedającym. Wyjątki od obowiązku zwrotu przedmiotu mogą mieć zastosowanie w szczególności\nwtedy, gdy istnieją wyraźne przesłanki, że Przedmiot może być podrobiony. W takim przypadku Kupujący\nnie jest zobowiązany do odesłania Przedmiotu, aby otrzymać zwrot kosztów.\n8.1.2. W przypadku nieotrzymania przez Kupującego Przedmiotu, Kupujący musi poinformować VINTED,\nzgłaszając problem poprzez kliknięcie przycisku zawieszającego Transakcję w terminie 2 dni od podanej\ndaty, w której Przedmiot miał być dostarczony. W przypadku zagubienia Przedmiotu w trakcie wysyłki,\nKupujący otrzyma zwrot całkowitej kwoty zakupu od zewnętrznego dostawcy usług płatniczych\nprowadzącego rachunek zastrzeżony (rachunek escrow).\n8.1.3. Jeżeli Kupujący nie skontaktuje się z VINTED w ciągu 2 dni, jak określono w pkt. 8.1.1. lub 8.1.2.,\nlub nie potwierdzi na Witrynie, że otrzymany Przedmiot został zaakceptowany (w ciągu tego 2-dniowego\nterminu), Transakcja zostanie zakończona, a ochrona zwrotu kosztów Kupującego wygasa. W takim\nprzypadku Kupujący nie będzie uprawniony do zwrotu kosztów przez VINTED.\n8.1.4. W przypadku, gdy Przedmiot jest zgodny z opisem przedstawionym przez Sprzedającego, Kupujący\nnie będzie uprawniony do żądania zwrotu poprzez VINTED, a VINTED zakończy Transakcję. Po\nsfinalizowaniu Transakcji i przekazaniu Sprzedającemu środków na rachunek zastrzeżony (rachunek\nescrow), Kupujący może próbować wynegocjować bezpośrednio ze Sprzedającym zwrot Przedmiotu (np.\numowa w sprawie zwrotu, opłaty za przesyłkę zwrotną, itp.). Zwracamy uwagę, że w takim przypadku\nSprzedający może również odmówić współpracy z Kupującym na tej podstawie, że transakcja została\nzrealizowana przez Sprzedającego.\n8.2. Jeśli Kupujący nie korzysta z Zintegrowanej Usługi Płatności i Wysyłki:\n8.2.1. W takim przypadku VINTED nie pobiera żadnej opłaty, ale nie gwarantuje bezpieczeństwa płatności.\nVINTED nie zapewnia wsparcia dla Kupującego lub Sprzedającego. Kupujący i Sprzedający są sami\nodpowiedzialni za prawidłowe przeprowadzenie Transakcji i powinni bezpośrednio negocjować wszystkie\nszczegóły Transakcji (np. warunki płatności, wysyłkę, warunki zwrotu Przedmiotu, zagubienie przesyłki,\nitp.).\n8.2.2 W przypadku niewłaściwego postępowania Kupującego lub Sprzedającego, VINTED może udzielić\npomocy poszkodowanej Stronie. VINTED współpracuje również z instytucjami państwowymi.\n9 PŁATNOŚĆ\n9.1 VINTED jest uprawniony do pobierania opłat w ramach świadczonych Usług zgodnie z cenami\nwskazanymi w Cenniku. Użytkownik akceptuje fakt, że VINTED jest uprawniony do zmiany Cennika na\nwarunkach określonych w pkt. 1.5 powyżej. W przypadku braku zgody Użytkownika na którąkolwiek z\nproponowanych zmian, Użytkownik może zdecydować się na zakończenie relacji z VINTED i zamknięcie\nswojego konta VINTED, zgodnie z punktem 15.3. Zmiany Cen nie będą miały zastosowania do trwających\nTransakcji (tj. takich, za które Kupujący dokonał już płatności).\n9.2 Wszystkie ceny wyrażone są w złotych (PLN), z uwzględnieniem wszystkich podatków.\n\n9.3 W przypadku, gdy Transakcja dokonywana jest za pomocą Zintegrowanej Usługi Płatności i Wysyłki,\npłatność Kupującego dokonywana jest za pomocą karty bankomatowej lub wirtualnej, lub jakiejkolwiek\ninnej metody płatności, która może być od czasu do czasu wprowadzana na zintegrowanym interfejsie\npłatniczym Witryny. W przypadku nieskorzystania ze systemu Zintegrowanej Płatności, płatność zostanie\ndokonana według wyboru Użytkownika za pomocą polecenia zapłaty, karty bankomatowej (Visa/Master\nCard) lub karty wirtualnej, lub innej metody płatności, która może być od czasu do czasu wprowadzona.\n9.4 W przypadku realizacji Transakcji ze Zintegrowaną Usługą Płatności i Wysyłki, całkowita kwota\nzostanie pobrana z konta Kupującego (cena Przedmiotu i opłaty za Zintegrowaną Usługę Płatności i\nWysyłki), a Sprzedający pobierze należną mu kwotę wyłącznie po potwierdzeniu odbioru towaru przez\nKupującego. Jeżeli Kupujący nie otrzyma Przedmiotu lub nie będzie z niego zadowolony, jego konto\nzostanie ponownie zasilone.\n9.5 W przypadku realizacji Transakcji bez Zintegrowanej Usługi Płatności i Wysyłki, Kupujący i\nSprzedający muszą uzgodnić warunki płatności, tak jak opisano w pkt. 8.2.1 powyżej. VINTED nie pobiera\nżadnej opłaty od Transakcji w tym przypadku.\n10 INTERAKCJE I WIADOMOŚCI NA WITRYNIE\n10.1 Wiadomości prywatne\nWymiana Wiadomości Prywatnych pomiędzy Użytkownikami ma na celu przede wszystkim wymianę\ninformacji dotyczących Przedmiotów w Katalogu. W związku z tym, jeżeli Użytkownik lub Odwiedzający\nwysyła Wiadomości Prywatne do innego Użytkownika, musi upewnić się, że nie wysyła:\nwiadomości lub informacji zawierających reklamy;\nspamu lub treści rozprzestrzeniającej wirusy lub robaki;\nmasowych wiadomości mailingowych jakiegokolwiek innego rodzaju (gdy wiadomość jest wysyłana\ndo więcej niż pięciu Użytkowników lub gdy ta sama wiadomość jest kopiowana i wysyłana do\nUżytkowników, którzy nie prosili o jej otrzymanie);\nwiadomości zawierających teksty sprzeczne z dobrymi standardami moralnymi i porządkiem\npublicznym, wiadomości nieodpowiednie, obraźliwe lub zniesławiające lub w inny sposób uznane za\nniezgodne z niniejszymi Ogólnymi Warunkami i interesami Użytkowników;\nwiadomości o charakterze niezgodnym z prawem lub w inny sposób próbujące wyrządzić szkodę\ninnym Użytkownikom i/lub Witrynie.\nWykorzystując algorytmy, VINTED używa automatycznego oprogramowania, aby umożliwić wykrycie\nwszelkich komentarzy sprzecznych z dobrymi standardami moralnymi i porządkiem publicznym, lub takich,\nktóre są niewłaściwe, obraźliwe lub zniesławiające i wysyłane przez Użytkownika za pośrednictwem\nWiadomości Prywatnych. W przypadku wykrycia przez oprogramowanie automatyczne Wiadomości\nPrywatnej zawierającej takie komentarze, Wiadomość Prywatna może zostać automatycznie zablokowana\ni/lub ukryta przed Użytkownikiem otrzymującym tę Wiadomość Prywatną. Użytkownik, który jest nadawcą\nzablokowanej i/lub ukrytej Prywatnej Wiadomości, zostanie ostrzeżony o obowiązku przestrzegania\nOgólnych Warunków. VINTED nigdy nie ma dostępu do treści Wiadomości Prywatnych, w tym wiadomości\nzablokowanych i/lub ukrytych przez oprogramowanie automatyczne.\n10.2 Wymiana opinii między Użytkownikami\nUżytkownik ma prawo napisać opinię na temat innego Użytkownika wyłącznie w przypadku\nprzeprowadzenia Transakcji pomiędzy nimi. Użytkownikom lub VINTED nie należy się wynagrodzenie w\nzamian za ich opinie online.\nOpinie Użytkownika na temat innego Użytkownika muszą być zawsze uczciwe i szczere. Kłamstwa i\nzniewagi są zabronione.\nVINTED nie przegląda opinii przed ich opublikowaniem przez Użytkowników.\nJeśli otrzymana opinia jest niewłaściwa lub stanowi nadużycie, Użytkownicy powinni zgłosić to do\nVINTED. VINTED jest uprawniony do wycofania z Witryny wszelkich opinii, które naruszają niniejsze\n\nOgólne Warunki lub prawa innych Użytkowników, w tym Użytkowników, którzy nie mieli prawa do\nnapisania opinii na podstawie niniejszych Ogólnych Warunków.\nVINTED, po zidentyfikowaniu Użytkownika, który nie przestrzega tych zasad, może skorzystać z prawa do\nzablokowania konta danego Użytkownika w całości lub w części.\nOdwiedzający nie mają prawa pisać opinii o Użytkownikach.\n10.3 Forum\nUżytkownicy i Odwiedzający mogą korzystać z Forum, ale tylko Użytkownicy mogą wysyłać wiadomości\nna Forum.\nPrzed rozpoczęciem korzystania z Forum każdy Użytkownik i Odwiedzający musi zapoznać się z\nRegulaminem Forum i przestrzegać go:\nhttps://www.vinted.pl/forum-rules.\nUżytkownicy mogą tworzyć tematy, używając swojej nazwy użytkownika lub anonimowo. VINTED nie\nponosi odpowiedzialności, jeżeli w wyniku działań podjętych przez Użytkownika lub osobę trzecią, o\nktórych nie wiedział, lub w związku z brakiem działań podjętych przez VINTED, tożsamość Użytkownika,\nktóry zamieścił wiadomość lub temat, zostanie podana do wiadomości publicznej.\nSurowo zabrania się publikowania na Forum komunikatów reklamowych, umieszczania linków do innych\nstron internetowych, oferowania towarów na sprzedaż lub podejmowania innych działań komercyjnych lub\norganizowania przetargów.\nDozwolone jest wysyłanie reklam dotyczących sprzedawanych osobistych Przedmiotów, zgodnie z zasadami\nkorzystania z Katalogu i Listą Produktów i Usług Zabronionych (jeśli dotyczy), oraz dostarczanie informacji\no oferowanych usługach, ale wyłącznie w kategorii zarezerwowanej do tego celu, zwanej \"Moje promocje\".\n11 ODPOWIEDZIALNOŚĆ\n11.1 Wszyscy Odwiedzający i Użytkownicy są w pełni odpowiedzialni, jako ich autorzy, za wszystkie\ninformacje, które zamieszczają na Witrynie oraz, jeśli ma to zastosowanie, za oferowane przez siebie,\nsprzedawane, wymieniane lub przekazywane innym Użytkownikom Przedmioty. W szczególności, gdy\nUżytkownik wystawia Przedmioty w odpowiednim Katalogu, Użytkownik uznaje i akceptuje, że ponosi\npełną odpowiedzialność za wystawienie Przedmiotu w tym Katalogu, jego opis, potwierdzenia,\nprawidłowość innych przedstawionych szczegółów oraz komunikację z innymi Użytkownikami, a także\nogólnie Transakcje zawierane z innymi Użytkownikami i mogące z nich wyniknąć spory (zwane dalej\nłącznie \"Treścią\").\n11.2 W tym zakresie Odwiedzający i Użytkownicy muszą przestrzegać wszystkich obowiązujących\nprzepisów. Użytkownicy i Odwiedzający muszą w szczególności powstrzymać się od (i) naruszania praw\nosób trzecich, (ii) naruszania praw własności intelektualnej lub wystawiania podrabianych towarów, (iii)\npodżegania do wykroczeń lub przestępstw, dyskryminacji, nienawiści lub przemocy ze względu na rasę,\npochodzenie etniczne lub narodowość, (iv) przekazywania nieprawidłowych informacji lub informacji\npoufnych, (v) oszczerczych komentarzy, (vi) dopuszczania się działań, które mogą narazić nieletnich na\nniebezpieczeństwo, (vii) publikowania danych osobowych innych osób lub naruszania praw do prywatności\nlub (viii) uzurpowania sobie tożsamości innej osoby.\n11.3 W przypadku, gdy Treść nie jest zgodna z obowiązującymi przepisami zgodnie z punktem 11.2 lub\nogólnie, jeśli Użytkownik lub Odwiedzający nie przestrzega niniejszych Ogólnych Warunków, Użytkownik\nlub Odwiedzający uznaje i akceptuje, że ponosi wyłączną odpowiedzialność za wynikające z tego\nbezpośrednie i pośrednie straty w odniesieniu do osób trzecich lub VINTED. W związku z tym Użytkownik\nlub Odwiedzający uznaje i akceptuje, że w ramach swoich kompetencji jako host, VINTED w żadnych\nokolicznościach nie podejmie jakiejkolwiek weryfikacji Treści i nie będzie odpowiedzialny za takie straty,\nchyba że (i) został należycie powiadomiony o istnieniu treści niezgodnych z prawem w rozumieniu\nobowiązujących przepisów zgodnie z procedurą opisaną w pkt. 11.4, oraz (ii) nie podjął natychmiastowych\n\ndziałań w celu usunięcia takich treści z Witryny.W szczególności, lecz niewyłącznie, VINTED nie będzie\nponosić odpowiedzialności za: (i) działania lub zaniechania Odwiedzających i Użytkowników, (ii)\nInformacje zamieszczone na Witrynie przez Użytkowników i Odwiedzających, ich tematy, dokładność,\nkompletność i/lub zgodność z obowiązującymi przepisami lub (iii) jakość i ilość Przedmiotów, które\nsprzedają lub kupują za pośrednictwem Witryny, ani też ich zgodność z podanym opisem.\nKatalog\n11.4 VINTED nie ponosi odpowiedzialności za Treść zamieszczoną online. Użytkownicy są odpowiedzialni\nza Treść zamieszczaną online, a VINTED może usuwać treść Użytkownika, o której został należycie\npowiadomiony zgodnie z obowiązującymi przepisami prawa i która narusza obowiązujące prawo i/lub\npolityki VINTED. Dodatkowo, możemy podjąć działania przeciwko kontu Użytkownika. Jeśli Użytkownik\nlub Odwiedzający wykryje Treść, w której wyrażono zgodę na zbrodnie przeciwko ludzkości, nawołujące do\nnienawiści rasowej i/lub przemocy lub dotyczące pornografii dziecięcej, VINTED musi zostać o tym\nniezwłocznie poinformowany:\nalbo poprzez zastosowanie opisanej tutaj procedury powiadamiania;\nlub wysyłając wiadomość e-mail na adres [email protected];\nlub wysyłając szczegółowy list na następujący adres: VINTED UAB, Svitrigailos 13, 03228 Wilno,\nLitwa.\nWe wszystkich tych przypadkach VINTED natychmiast zawiesi konto danego Użytkownika, jak również\ntransakcje będące w toku, na czas oczekiwania na wyniki prowadzonego dochodzenia.\nJeżeli Użytkownik uważa, że jakaś Treść może naruszać jego prawa lub prawa osób trzecich (podrabianie,\nznieważanie, naruszanie prawa do prywatności), Użytkownicy mogą powiadomić o tym VINTED:\nalbo poprzez zastosowanie opisanej tutaj procedury powiadamiania;\nlub wysyłając wiadomość e-mail na adres [email protected];\nlub wysyłając szczegółowy list na poniższy adres: VINTED UAB, Svitrigailos 13, 03228 Wilno,\nLitwa.\nOgólnie rzecz biorąc, Użytkownicy powstrzymają się od zamieszczania jakichkolwiek treści niezgodnej z\nprawem, nieprawdziwej lub niedokładnej. Użytkownicy muszą działać i korzystać z platformy w dobrej\nwierze.\n11.5 W przypadku Transakcji dokonanej bez Zintegrowanej Usługi Płatności i Wysyłki oferowanej przez\nVINTED, gdy tylko Kupujący i Sprzedający uzgodnią Przedmiot i cenę, Sprzedający jest odpowiedzialny za\ndostarczenie Przedmiotu do Kupującego w odpowiedniej i należytej formie oraz w odpowiednim czasie. W\nkażdym przypadku, jeżeli między Kupującym a Sprzedającym powstanie spór dotyczący dostawy\nPrzedmiotu, Sprzedający musi udowodnić, że Przedmiot został wysłany (np. może to być w formie numeru\nśledzenia przesyłki, faktury lub dokumentu od firmy kurierskiej).\n11.6 W przypadku Transakcji dokonanej bez Zintegrowanej Usługi Płatności i Wysyłki oferowanej przez\nVINTED, Kupujący jest odpowiedzialny za zapłatę za zamówiony Przedmiot w odpowiedniej i należytej\nformie i w odpowiednim czasie, zgodnie z warunkami podanymi przez Sprzedającego lub zgodnie z\nwarunkami uzgodnionymi w drodze wzajemnego porozumienia.\n11.7. W przypadku Transakcji dokonanej bez Zintegrowanej Usługi Płatności i Wysyłki oferowanej przez\nVINTED, Użytkownik rozumie i akceptuje, że VINTED nie ponosi odpowiedzialności za spory zaistniałe\npomiędzy Kupującymi a Sprzedającymi, nie będzie udzielał wsparcia i nie będzie brał udziału w ich\nrozstrzyganiu. Spory te mogą być rozstrzygane zgodnie z obowiązującym prawem lokalnym, chyba że strony\npostanowią w drodze wzajemnego porozumienia, że zastosowanie będzie miało prawo innego kraju.\n12 OBOWIĄZKI UŻYTKOWNIKA\n12.1 Użytkownik zobowiązuje się:\n\npodczas rejestracji na Witrynie podać prawdziwe informacje o sobie, w szczególności pełne imię i\nnazwisko, nazwę użytkownika i adres e-mail;\nzarejestrować się na Witrynie tylko raz, nie tworzyć więcej niż jednego Konta, chyba że osoba trzecia\nma wiedzę o i/lub ma dostęp do tego Konta, i to wyłącznie po poinformowaniu VINTED o tym oraz\npo zablokowaniu poprzedniego Konta;\nnie korzystać z Witryny i/lub Usług w celu podejmowania bezprawnych działań lub transakcji lub\ndziałań oszukańczych;\npodczas korzystania z Witryny, dostarczać obiektywnych, poprawnych, wyczerpujących i\nszczegółowych informacji na temat wymiany i/lub zamierzonej sprzedaży;\nzapewnić, że proponowana cena wymiany i/lub sprzedaży Przedmiotów, jak również inne informacje\nich dotyczące, są prawidłowe;\nnie kopiować informacji pojawiających się na Witrynie i umieszczanych przez VINTED lub innego\nUżytkownika Witryny lub wykorzystywać ich niezgodnie z prawem.\n12.2 Przy korzystaniu z Witryny Użytkownicy i Odwiedzający zobowiązują się do przekazywania informacji\ni danych, w szczególności danych elektronicznych (plików, prywatnych wiadomości itp.), które:\nnie wprowadzają w błąd lub nie są nieprawidłowe;\nnie zachęcają do nabywania towarów, których sprzedaż jest zabroniona lub zastrzeżona;\nnie wykorzystują zdjęć (i) do których nie posiadają praw własności intelektualnej (ogólnie są to zdjęcia\nznalezione w Internecie), lub (ii) które zawierają linki do innych stron internetowych;\nnie wykorzystują fotografii (i) na których widoczne są inne niż one osoby, chyba że osoby te wyraziły\nzgodę na publikację tych fotografii; lub (ii) które są lub mogą być uważane za fotografie erotyczne lub\npornograficzne sprzeczne z dobrymi standardami moralnymi lub porządkiem publicznym;\nnie dotyczą sprzedaży/kupna/wymiany/lub przekazania Przedmiotów wyprodukowanych z\nnaruszeniem praw własności intelektualnej właścicieli zarejestrowanych znaków towarowych;\nnie naruszają praw własności lub praw osobistych, które nie są prawami spadkowymi osób trzecich (w\ntym prawami własności intelektualnej);\nnie naruszają obowiązujących przepisów;\nnie są sprzeczne z porządkiem publicznym lub dobrymi obyczajami; nie zawierają wirusów,\nprogramów ani plików komputerowych, które mogłyby (i) zakłócić normalne funkcjonowanie Witryny\ni/lub Usług, (ii) znajdować się na komputerach Użytkowników i w związku z tym prowadzić do strat\ndla Użytkownika lub jego majątku oraz uniemożliwić Użytkownikowi korzystanie z Witryny, Usług i\nkomputera Użytkownika;\nnie zawierają linków do innych stron internetowych, które świadczą usługi podobne do tych\noferowanych przez Witrynę.\n12.3 Użytkownicy i Odwiedzający zobowiązują się nie gromadzić, nie przechowywać jednocześnie, nie\nprzekazywać osobom trzecim, nie upubliczniać, nie publikować ani nie ujawniać danych Użytkowników\nWitryny lub danych dotyczących działań Użytkowników Witryny, w tym Transakcji, ich liczby, rodzaju,\nceny, itp., jeśli informacje te staną się dostępne w sposób niezgodny z prawem lub w wyniku niezgodnego z\nprawem działania lub zaniechania (z wyjątkiem informacji statystycznych opublikowanych na Witrynie).\nUżytkownicy i Odwiedzający zobowiązują się również nie gromadzić, nie przechowywać jednocześnie, nie\nprzekazywać osobom trzecim, nie upubliczniać, nie publikować ani nie ujawniać informacji pojawiających\nsię na Witrynie, jeżeli może to mieć wpływ na prawa innych Użytkowników. Ograniczenie to nie dotyczy\nistniejącej na Witrynie funkcji \"udostępniania\" i oferującej Użytkownikom możliwość udostępniania\ninformacji publicznych dostępnych na Witrynie i na Kontach w serwisach społecznościowych oraz\nwysyłania sobie takich informacji pocztą elektroniczną.\n12.4 W granicach obowiązującego prawa, VINTED nie ponosi odpowiedzialności za zachowanie\nUżytkownika, gdy korzysta on z Witryny lub Usług. W szczególności VINTED nie ponosi\nodpowiedzialności za niewłaściwe zrealizowanie lub brak realizacji Transakcji przez Użytkowników.\n12.5 Użytkownik zobowiązuje się do zachowania w tajemnicy swoich danych logowania i hasła w stosunku\ndo osób trzecich, z wyjątkiem osób, które zostały upoważnione przez Użytkownika do korzystania z jego\ndanych logowania.\n\n12.6 Użytkownik zobowiązuje się do niezwłocznej aktualizacji informacji zawartych na Witrynie, które nie\nsą już aktualne ze względu na zmiany jego danych (w szczególności informacji podanych podczas rejestracji\nna Witrynie), jak również informacji dotyczących Przedmiotów wymienionych w Katalogu i ich stanu.\n12.7 Korzystając z Witryny, Użytkownicy lub Odwiedzający oświadczają, że:\nsą osobami fizycznymi w wieku 18 lat lub więcej (w przeciwnym razie rodzic (rodzice) lub opiekun\nprawny muszą zarejestrować się w ich miejsce), że korzystają ze wszystkich Usług Witryny w celu\nzaspokojenia swoich potrzeb osobistych, które nie są związane z jakąkolwiek działalnością zawodową,\noraz że posiadają pełną zdolność i wszelkie prawa do przeprowadzania Transakcji na Witrynie;\nakceptują i stosują się do Ogólnych Warunków i wszystkich innych dokumentów umownych, takich\njak Polityka Prywatności, Polityka Bezpieczeństwa i Polityka dotycząca plików cookie, jak również\ninnych zasad Witryny;\nrozumieją, że są w pełni odpowiedzialni za przeprowadzone Transakcje;\nrozumieją, że po zamówieniu Przedmiotu zobowiązują się do zakupu lub wymiany tego Przedmiotu\noraz że niewykonanie tej Transakcji może wiązać się z obowiązkiem pokrycia przez nich strat\nponiesionych przez Sprzedającego;\nrozumieją, że muszą zapłacić VINTED, jeżeli zdecydują się na korzystanie z płatnych Usług zgodnie z\ncenami i procedurami określonymi w Cenniku.\n13 PRAWA I OBOWIĄZKI VINTED\n13.1 VINTED może zabronić, w całości lub w części, korzystania z Witryny (poprzez określenie warunków\nograniczenia) lub uniemożliwić Użytkownikowi lub Odwiedzającemu korzystanie z Witryny, w\nszczególności poprzez usunięcie Treści zamieszczonej na Witrynie, usunięcie konta Użytkownika oraz\nuniemożliwienie Użytkownikowi ponownej rejestracji na Witrynie lub uniemożliwienie Odwiedzającemu\ndostępu do Witryny, przy założeniu, że VINTED prześle uprzednie oficjalne zawiadomienie do tych\nUżytkowników lub Odwiedzających, którzy:\nłamią lub naruszają swoje zobowiązania wynikające z Ogólnych Warunków, Polityki Prywatności lub\ninnych zasad Witryny;\npodają nieprawdziwe, wprowadzające w błąd i/lub informacje niekompletne zgodnie z Ogólnymi\nWarunkami w momencie ich rejestracji na Witrynie lub korzystania z niej;\numyślnie i celowo ujawniają nieprawidłowe informacje na Witrynie, obrażają inne osoby lub postępują\nw niewłaściwy sposób;\nwykorzystują tożsamość innych Użytkowników lub działają w inny niezgodny z prawem sposób;\nlogują się z tego samego adresu IP lub z tego samego komputera, który został zablokowany z powodu\nnaruszeń; lub\notrzymali co najmniej trzy ostrzeżenia od VINTED.\n13.2 Z zastrzeżeniem tych samych okoliczności, które zostały opisane powyżej, VINTED może, wysyłając\noficjalne powiadomienie na ten temat do danego Użytkownika/Odwiedzającego, ograniczyć, w całości lub w\nczęści, Konto Użytkownika lub dostęp Odwiedzającego. Częściowe zablokowanie oznacza, że Użytkownik\nnie będzie mógł wystawiać Przedmiotów w Katalogu, komunikować się z innymi Użytkownikami i/lub\nuczestniczyć w Forum. Całkowite zablokowanie oznacza, że Konto Użytkownika zostanie zablokowane i/lub\nusunięte, a możliwość korzystania z Witryny z komputera Użytkownika zostanie zablokowana. Użytkownik\nmusi mieć świadomość, że po całkowitym zablokowaniu nie będzie miał prawa do ponownej rejestracji na\nWitrynie. Usunięcie Konta Użytkownika nie oznacza, że VINTED usunie wszelkie istotne informacje\ndotyczące Konta, w szczególności dane osobowe Użytkownika, w zakresie, w jakim mogą one być\nprzechowywane w celu zbadania okoliczności towarzyszących decyzji VINTED o usunięciu Konta\nUżytkownika i przekazania tych danych instytucjom i organom odpowiedzialnym za stosowanie prawa,\nzgodnie z Polityką Prywatności.\n13.3 VINTED, po uprzednim poinformowaniu zgodnie z punktem 11.5 powyżej, usunie wszelkie Treści\nniezgodne z prawem. W istocie, VINTED może, w każdym czasie, usunąć z Witryny Przedmioty\nwystawione przez Użytkownika w Katalogu lub wszystkie inne informacje dostarczone przez Użytkownika,\njeśli te Przedmioty lub te Informacje naruszają Ogólne Warunki, obowiązujące przepisy lub są sprzeczne z\ndobrymi standardami moralnymi lub porządkiem publicznym.\n\n13.4 Jeżeli Użytkownik lub Odwiedzający nie akceptuje tego prawa VINTED, musi powstrzymać się od\nkorzystania z Witryny. VINTED może zbadać każde naruszenie Ogólnych Warunków i poinformować o tym\nwłaściwe instytucje i władze odpowiedzialne za stosowanie prawa.\n13.5 VINTED może, w każdym czasie, zreorganizować Katalog, powierzchnie reklamowe lub inne\ninformacje o Przedmiotach, z zastrzeżeniem tych zmian, które nie zmieniają Treści dostarczonej przez\nUżytkownika, tak aby Witryna była bardziej przyjazna dla użytkownika. VINTED może publikować\nAktualności, publikując opis, instrukcje lub zasady z nimi związane.\n13.6 VINTED może w każdym czasie publikować na Witrynie oferty krótko- i długoterminowe, konkursy,\ngry lub loterie, które są zgodne z prawem krajowym w celu oferowania nowych Usług, i w związku z czym\nniniejsze Ogólne Warunki nie będą zmieniane. Informacje dotyczące ofert, konkursów, gier lub loterii, które\nsą zgodne z prawem krajowym, będą udostępniane na Witrynie. W przypadku niezgodności pomiędzy\nOgólnymi Warunkami a specjalnymi warunkami publikowanymi na Witrynie (takimi jak zasady, instrukcje i\nopisy dotyczące Aktualności), te ostatnie będą miały pierwszeństwo.\n13.7 VINTED może zakończyć lub zawiesić lub przydzielić działanie Witryny osobom trzecim, pod\nwarunkiem powiadomienia Użytkowników i Odwiedzających Witrynę, z zachowaniem okresu\nwypowiedzenia wynoszącego trzydzieści (30) dni.\n13.8 VINTED może nadać status \"nieaktywny\" każdemu Użytkownikowi, który był nieaktywny przez\nodpowiednio długi okres czasu (np. 60 dni lub więcej). W tym przypadku, Przedmioty oferowane na\nsprzedaż przez tego Użytkownika będą ukryte dla innych Użytkowników. VINTED zastrzega sobie prawo\nusunięcia Przedmiotów oferowanych na sprzedaż przez każdego Użytkownika, jeśli takie Przedmioty nie\nzostały sprzedane przez znacząco długi okres czasu.\nPrzed nadaniem statusu \"nieaktywny\" i/lub usunięcia jakichkolwiek Przedmiotów, VINTED prześle\npowiadomienie do Użytkownika. W takim powiadomieniu VINTED poinformuje Użytkownika o\nnadchodzącej zmianie jego statusu i/lub usunięciu wystawionych Przedmiotów oraz pozwoli Użytkownikowi\nna odmowę takiej zmiany. Użytkownik zobowiązany będzie poinformować VINTED o odmowie zmiany w\nterminie notyfikacji wskazanym w powiadomieniu. Jeśli Użytkownik nie dokona odmowy zmiany, będzie to\nuznawane za akceptację przez Użytkownika zmiany statusu i/lub usunięcia wystawionych Przedmiotów\ndokonanych przez VINTED. \n \n14 DANE OSOBOWE\nPolityka Prywatności, dostępna pod adresem http://www.vinted.pl/privacy-policy, opisuje Dane Osobowe\nUżytkownika gromadzone przez VINTED oraz cel, dla którego VINTED przetwarza takie dane.\n15 POSTANOWIENIA KOŃCOWE\n15.1 Ogólne Warunki podlegają prawu krajowemu Użytkownika. Wszelkie spory pomiędzy Użytkownikiem\na VINTED będą rozstrzygane przez sądy właściwe dla kraju Użytkownika.\n15.2 W przypadku braku porozumienia pomiędzy VINTED a Użytkownikiem, Użytkownik może:\nPo pierwsze, skierować pisemną reklamację do Działu Obsługi Klienta za pomocą formularza\nkontaktowego.\nW przypadku braku odpowiedzi ze strony tego działu w rozsądnym terminie jednego (1) miesiąca, lub\njeśli Użytkownik nie jest usatysfakcjonowany udzieloną odpowiedzią, Użytkownik i VINTED\npostarają się rozwiązać skargę Użytkownika w sposób polubowny, zanim jakikolwiek spór zostanie\nwniesiony do właściwego sądu.\nUżytkownicy mogą zatem odwoływać się do alternatywnych metod rozwiązywania sporów, takich jak\nmediacja konsumencka, mimo że VINTED nie jest zaangażowane ani zobowiązane do stosowania takich\nmetod w celu rozwiązywania sporów z Użytkownikami. Ponadto spory pomiędzy Sprzedającymi i\nKupującymi nie kwalifikują się do mediacji konsumenckiej.\n\nW przypadku Polski informacje o tym, jak uzyskać dostęp do wyżej wymienionego trybu i procedur\nrozstrzygania sporów, można znaleźć pod adresem: http://www.uokik.gov.pl, w zakładce\n\"Rozstrzyganie sporów konsumenckich\".\nKomisja Europejska stworzyła platformę rozstrzygania sporów w celu gromadzenia ewentualnych\nskarg konsumentów po dokonaniu zakupu przez Internet i przekazywania ich właściwym mediatorom\nkrajowym. Platforma ta jest dostępna pod adresem: http://ec.europa.eu/consumers/odr.\n15.3 Użytkownik może zakończyć swoją relację z VINTED w dowolnym momencie ze skutkiem\nnatychmiastowym po wypełnieniu wszystkich swoich zobowiązań oraz po usunięciu swojego Konta na\nWitrynie. Użytkownik może zakończyć swoją relację z VINTED w formie pisemnej lub elektronicznej,\ninnymi słowy, za pośrednictwem poczty elektronicznej. VINTED może zakończyć swoją relację z\nUżytkownikiem za uprzednim 30-dniowym pisemnym powiadomieniem Użytkownika, w szczególności z\nnastępujących powodów: (1) decyzja VINTED o zaprzestaniu świadczenia Usług, (2) decyzja VINTED o\nzaprzestaniu prowadzenia działalności, (3) decyzja VINTED o zmianie administratora działalności Witryny,\nw całości lub w części. VINTED może zakończyć swoją relację z Użytkownikiem ze skutkiem\nnatychmiastowym, w przypadku naruszenia prawa lub postanowień Ogólnych Warunków przez\nUżytkownika.\n15.4 VINTED posiada wszelkie prawa własności intelektualnej dotyczące Witryny, jej systemu (Katalogu,\njego przenoszenia, itp.), projektu Witryny i oprogramowania wykorzystywanego przez Witrynę, w tym\nznaków towarowych i nazw domen.\n15.5 Umieszczanie informacji lub danych, w szczególności zdjęć na Witrynie, tj. „Treści”, oznacza, że\nUżytkownicy Witryny lub Usług niniejszym udzielają VINTED oraz każdej spółce należącej do Grupy\nVINTED, bez wynagrodzenia, niewyłączną licencję na korzystanie z Treści na całym świecie, która będzie\nobowiązywać przez okres obowiązywania odpowiednich praw, jeśli dotyczy (i ich ewentualnych rozszerzeń).\nTaka licencja obejmuje prawo do korzystania, kopiowania, reprodukowania, wyświetlania i dostosowywania\nTreści. VINTED może wykorzystywać taką Treść na wszelkich znanych lub nieznanych dotychczas\nnośnikach, w szczególności w telewizji, na papierze, w Internecie (w ramach banerów i artykułów,\numieszczać je na innych stronach internetowych) oraz w serwisach społecznościowych (Facebook, Twitter,\nInstagram, itp.), w celach komercyjnych, reklamowych oraz dla celów wewnętrznych, co Użytkownik\nakceptuje. Użytkownicy ponoszą wyłączną odpowiedzialność za Treść i potwierdzają, że posiadają wszelkie\ndo niej prawa. Użytkownik, zamieszczając Treść na Witrynie, może zakazać korzystania z Treści w sposób i\nw celach wskazanych w niniejszym punkcie poprzez zmianę Ustawień Użytkownika i wyłączenie\nodpowiednich opcji w Ustawieniach Prywatności.\n15.6 Wszystkie powiadomienia, prośby i inne informacje pomiędzy Użytkownikiem a VINTED będą\nwysyłane w sposób określony w Ogólnych Warunkach poprzez formularz kontaktowy pojawiający się na\nWitrynie oraz do Użytkownika za pośrednictwem poczty elektronicznej na adres e-mail podany podczas\nrejestracji na Witrynie.\n15.7 Ogólne Warunki nie skutkują powstaniem partnerstwa pomiędzy VINTED a Użytkownikami, relacji\npracownik pracodawca, relacji pomiędzy agentem handlowym a jego klientem ani relacji franczyzowej.\n15.8 VINTED informuje Użytkownika, że VINTED może, z zastrzeżeniem obowiązujących przepisów o\nochronie danych osobowych, przenieść i/lub scedować wszelkie prawa i obowiązki wynikające z niniejszych\nOgólnych Warunków na jakąkolwiek osobę trzecią, w szczególności w przypadku przeniesienia sektora\ndziałalności, połączenia poprzez założenie nowej spółki, połączenia poprzez przejęcie, podziału lub zmiany\nkontroli mającej wpływ na VINTED. Przeniesienie takie zwalnia VINTED na przyszłość. W przypadku\nprzeniesienia przez VINTED i/lub cesji tych praw i obowiązków wynikających z niniejszych Ogólnych\nWarunków na jakąkolwiek osobę trzecią, Użytkownik ma prawo do natychmiastowego zakończenia relacji z\nVINTED i zamknięcia swojego konta w VINTED, w tym niniejszych Ogólnych Warunków.\n15.9 Użytkownik może zgłosić zastrzeżenia dotyczące dostępu, korzystania lub działania Witryny lub Usług\npoprzez powiadomienie. Powiadomienia należy wysyłać do VINTED za pomocą formularza znajdującego\nsię na Witrynie lub listownie do VINTED UAB, na adres Svitrigailos 13, 03228 Wilno, Litwa. Prosimy o\nkontakt pod tym adresem w przypadku jakichkolwiek kwestii prawnych: [email protected].\n\nWitryna jest prowadzona przez VINTED UAB.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Zalando","url":"https://www.zalando.pl/zalando-regulamin/","lang":"PL","sector":"Shopping","hq":"Germany","hq_category":"EU","is_public":"Public","is_paid":"Free","date":"01.07.2021"},"document":{"title":"","text":"Regulamin\nŚciągnij jako PDF\n\nRegulamin dla zamówień za pośrednictwem www.zalando.pl i www.zalando-zircle.pl. Poniżej przedstawiamy\nnasze Ogólne warunki handlowe, stanowiące podstawę wszystkich usług świadczonych na Zalando.pli\nwww.zalando-zircle.pl. Za pomocą www.zalando.pl i www.zalando-zircle.pl oferujemy każdemu użytkownikowi\nindywidualny proces zakupów i korzystania z usług dopasowanych do jego zainteresowań i potrzeb.\nNa www.zalando.pl i www.zalando-zircle.pl sprzedajemy artykuły Zalando, artykuły firm partnerskich i artykuły\nZalando-Zircle (ubrania z drugiej ręki, także nazywane „artykuły Mody Pre-Owned”). Na stronie www.zalando-\nzircle.pl są oferowane jedynie artykuły Mody Pre-Owned.\n\nOferty na naszych stronach internetowych www.zalando.pl i www.zircle.pl są skierowane wyłącznie do\nkonsumentów, którzy dokonują zakupu do celów niezwiązanych z działalnością komercyjną ani\nzawodową.\n\nProdukty Zalando obejmują wszystkie produkty oferowane na stronie www.zalando.pl, chyba że podana jest\ninformacja, że dane produkty są produktami partnera Zalando.\n\nProdukty partnera Zalando obejmują produkty oferowane na stronie www.zalando.pl określone jako produkty\npartnera Zalando.\n\nArtykuły Zalando-Zircle to są artykuły oferowane przez nas na stronie: www.zalando.pl i www.zalando-zircle.pl i\nokreślone, jako artykuły mody „Pre-Owned”.\n1. Zawarcie umowy i dostawa produktów\n1.1 Składając zamówienie, kupujący potwierdza, że działa wyłącznie w celach prywatnych.\n\n1.2 Na stronie www.zalando.pl i www.zalando-zircle.pl umowy zawieramy w języku polskim. W przypadku\nzamówień na produkty Zalando stroną umowy jest firma Zalando SE, Valeska-Gert-Str. 5, 10243 Berlin, w\nprzypadku zamówień na produkty partnera Zalando stroną umowy jest również odpowiedni partner Zalando.\nPartnerzy Zalando są wyraźnie wskazani na każdej stronie zawierającej specyfikację produktu.\n\n1.3 Kliknięcie przycisku „potwierdź zamówienie\" powoduje złożenie wiążącego zamówienia na produkty\nznajdujące się w koszyku. Złożenie zamówienia potwierdzamy drogą mailową bezpośrednio po wysłaniu przez\nPaństwa zamówienia. Zawarcie wiążącej umowy następuje wraz z otrzymaniem przez Państwa potwierdzenia\nzamówienia. Prosimy zwrócić uwagę, że produkty zamówione przez Państwa wysłane zostaną po opłaceniu\nprzez Państwa ich pełnej ceny (z zastrzeżeniem punktu 3.2 poniżej) oraz kosztów dostawy, o ile nie są one\npokrywane przez nas zgodnie z punktem 2.2 poniżej.\n\n1.4 Wyrażacie Państwo zgodę na przelew wierzytelności sprzedawcy o zapłatę ceny na rzecz pomiotu trzeciego,\nw tym na rzecz Zalando Payments GmbH.\n\n1.5 Zamówienia realizujemy na terenie Polski. W przypadku podania terminu dostawy w dniach roboczych\nnależy rozumieć pod tym pojęciem wszystkie dni od poniedziałku do piątku włącznie, z wyjątkiem dni ustawowo\nwolnych od pracy.\n\n1.6 W przypadku zaznaczenia na stronie podsumowania opcji rekompensaty śladu węglowego zamówienia\nstanowi to część warunków umownych zamówienia. Wysokość dopłaty zostanie podana przed zawarciem\numowy na stronie podsumowania zamówienia.\n\n1.7 Zastrzegamy sobie prawo do odmowy przyjęcia zamówienia lub jego anulowania w przypadku gdy zostało\none złożone przy użyciu: oprogramowania, robota, crawlera, spidera lub dowolnego systemu\nzautomatyzowanego bądź zachowania skryptowego lub dowolnych usług podmiotów trzecich wykorzystanych w\ncelu złożenia zamówienia w imieniu użytkownika.\n2. Ceny, koszty wysyłki i wysyłka ekspresowa\n\n2.1 Obowiązują ceny oferowane w chwili złożenia zamówienia. Oferowane ceny są cenami końcowymi, to\nznaczy, że zawierają także podatek VAT w aktualnie obowiązującej wysokości. Aż do chwili pełnej zapłaty ceny\nsprzedaży produkt pozostaje naszą własnością lub własnością odpowiedniego partnera Zalando.\n2.2 Koszty wysyłki, zastrzeżeniem punktu 2.3 i 2.4 poniżej, opłacamy my.\n2.3 Dla niektórych zamówień oferujemy wysyłkę ekspresową. Podczas procedury zamawiania otrzymają\nPaństwo informację, czy dla danego zamówienia oferowana jest wysyłka ekspresowa, a także ile kosztuje.\nProdukt, w przypadku wyboru opcji wysyłki ekspresowej zostanie dostarczony najpóźniej w ciągu 2 dni\nroboczych.W przypadku przekroczenia tego terminu dostawy oczywiście otrzymają Państwo zwrot kosztów\nprzesyłki.\n2.4. W zależności od tego, skąd wysyłany jest do Państwa produkt, mogą obowiązywać opłaty za dostawę na\ndużą odległość w wysokości 4,90 PLN razem z VAT. Przed złożeniem zamówienia poinformujemy Państwa, czy\ndla dostawy wybranego produktu mają zastosowanie opłaty za dostawę na dużą odległość. Koszty dostawy na\ndużą odległość są naliczane i pobierane przez Zalando.\n2.5 Jeżeli w ramach dobrowolnego prawa do zwrotu w ciągu 100 dni, o którym mowa w punkcie 8 poniżej (tj. po\nupływie 14-dniowego okresu ustawowego prawa odstąpienia od umowy), zdecydują się Państwo zwrócić\njakikolwiek produkt, przy dostawie którego zostały naliczone koszty dostawy na dużą odległość, zwrócimy\nPaństwu koszty dostawy na dużą odległość, jeśli zostanie zwrócone całe zamówienie (w skład którego wchodził\ntaki produkt). Twoje ustawowe prawa pozostają nienaruszone. W szczególności, to postanowienie nie ma\nzastosowania do ustawowego prawa odstąpienia od umowy.\n3. Płatności\n3.1 Zasadniczo oferujemy następujące rodzaje płatności: za pobraniem, szybki przelew internetowy\n(Przelewy24.pl), karta kredytowa i Paypal. W przypadku każdego zamówienia zastrzegamy sobie prawo\nnieoferowania niektórych rodzajów płatności i oferowania innych. Prosimy pamiętać, że akceptujemy jedynie\npłatności dokonywane z kont bankowych prowadzonych w granicach Unii Europejskiej (UE). Wszelkie koszty\ntransakcji finansowych ponoszą Państwo.\n3.2 Zapłata za zamówienie może zostać również zrealizowana z wykorzystaniem opcji odroczonej płatności\n(Zamów teraz, zapłać później), o ile opcja ta jest oznaczona jako dostępna w momencie składania zamówienia.\nW takim przypadku powinni Państwo dokonać zapłaty w terminie płatności wskazanym przez Zalando.\n3.3 W przypadku zakupu przy użyciu karty kredytowej obciążenie konta karty kredytowej następuje dopiero wraz\nz wysłaniem przez nas zamówienia.\n3.4 Wyrażają Państwo niniejszym zgodę na otrzymywanie informacji o uznaniach na rachunku wyłącznie w\nformie elektronicznej.\n4. Kupony rabatowe i ich wykorzystywanie\n4.1 Kupony rabatowe to bony, które nie mogą zostać nabyte drogą kupna, lecz są wydawane jedynie w ramach\nkampanii reklamowych, i mają określony okres ważności.\n4.2 Kupony rabatowe można wykorzystać tylko w określonym czasie i tylko w ramach jednego zamówienia. Z\nakcji promocyjnej mogą być wykluczone niektóre marki. Kuponów rabatowych nie można wykorzystywać do\nnabywania kart upominkowych. Prosimy pamiętać, że kupony rabatowe mogą być powiązane z minimalną\nwartością zakupu.\n4.3 Wartość produktu musi być nie mniejsza niż kwota na kuponie rabatowym. Ewentualna różnica w przypadku\nwyższej wartości produktu może zostać wyrównana płatnością dokonaną na jeden z oferowanych sposobów.\nKupon rabatowy nie może zostać wypłacony gotówką, nie jest także oprocentowany. Nie można otrzymać zwrotu\nkuponu rabatowego, kiedy produkt zostanie całkowicie lub częściowo zwrócony.\n4.4 Kupony rabatowe mogą zostać wykorzystane jedynie przed zakończeniem procedury zamawiania.\nWykorzystanie późniejsze nie jest możliwe. Kuponów rabatowych nie można przenieść na osoby trzecie. W\nbraku innych uzgodnień nie można łączyć kilku kuponów rabatowych.\n4.5 Jeśli podczas swoich zakupów skorzystają Państwo z kuponu rabatowego, to zastrzegamy sobie prawo do\nnaliczenia pierwotnej ceny produktów, które Państwo zachowają, jeżeli - ze względu na odstąpienie przez\nPaństwa od umowy - całkowita wartość zamówienia spadnie poniżej wartości kuponu rabatowego.\n\n5. Karty upominkowe i ich wykorzystywanie\n5.1 Karty upominkowe to bony, które można nabyć drogą kupna. Można je wykorzystać wyłącznie do nabycia\nproduktów Zalando i produktów partnera Zalando, jednak nie do nabycia dalszych kart upominkowych. Jeśli\nwartość karty upominkowej nie wystarczy do złożenia zamówienia, to różnicę można pokryć przy użyciu jednej z\noferowanych metod płatności.\n5.2 Karty upominkowe i kwoty naliczone na Państwa koncie mogą zostać wykorzystane tylko przed\nzakończeniem procedury zamawiania. Kwota karty upominkowej nie może być wypłacona w gotówce, nie są na\nnią także naliczane odsetki. W celu skorzystania z kwot z kart upominkowych zapisanych na Państwa koncie lub\nsprawdzenia wysokości kwoty zdeponowanej na koncie klienta należy wejść na zakładkę „Moje konto\nużytkownika” na stronie www.zalando.pl.\n6. Ustawowe prawo do odstąpienia od umowy zakupu produktów Zalando\nW przypadku nabycia produktów Zalando mają Państwo ustawowe prawo do odstąpienia od umowy:\nPrzede wszystkim chcemy Państwa poinformować, że w przypadku odesłania produktów mogą Państwo użyć\nformularza zwrotu załączonego do Państwa zamówienia lub dostępnego do wydrukowania na Państwa koncie\nklienta. Jeśli nie będą Państwo mieli do dyspozycji drukarki, będą mieli problemy ze ściągnięciem formularza lub\nbędą potrzebowali nowego formularza zwrotu, mogą go Państwo pozyskać także przez nasz serwis Customer\nCare (dane kontaktowe poniżej). Prosimy o ułatwienie nam uniknięcia dodatkowych kosztów i przesyłanie\nzwrotów zawsze z formularzem zwrotu.\nPouczenie w kwestii prawa do odstąpienia od umowy\nMają Państwo prawo do odstąpienia od umowy w ciągu czternastu dni bez podania przyczyn. Termin na\nodstąpienie od umowy biegnie od dnia, w którym Państwo lub wskazana przez Państwa osoba trzecia niebędąca\nprzewoźnikiem weszli/weszła w posiadanie produktu.\nW celu wykonania swojego prawa do odstąpienia od umowy muszą Państwo powiadomić o swojej decyzji w tej\nsprawie firmę Zalando SE, Valeska-Gert-Str. 5, 10243 Berlin, telefon:+48 22 3003095 e-mail:\[email protected] w drodze jednoznacznego oświadczenia woli (np. przy pomocy listu wysłanego pocztą\nlub e-maila). Mogą Państwo w tym celu użyć załączonego wzoru formularza odstąpienia od umowy. Nie ma\njednak takiego obowiązku.\nMogą Państwo wypełnić i przesłać nam formularz odstąpienia od umowy albo sporządzić i przesłać jakiekolwiek\ninne oświadczenie woli, także elektronicznie, przy użyciu formularza kontaktowego znajdującego się na naszej\nstronie internetowej. Jeśli skorzystają Państwo z tej możliwości, prześlemy Państwu niezwłocznie (np. drogą\nmailową) potwierdzenie otrzymania Państwa oświadczenia. W celu wykonania prawa do odstąpienia od umowy\nwystarczy wysłać powiadomienie o skorzystaniu z tego prawa przed upływem terminu na odstąpienie od umowy.\nSkutki odstąpienia od umowy\nW przypadku odstąpienia przez Państwa od umowy mamy obowiązek niezwłocznie, jednak nie później niż w\nciągu czternastu dniu od dnia otrzymania Państwa powiadomienia o odstąpieniu od umowy, zwrócić Państwu\nwszystkie otrzymane od Państwa płatności, włącznie z kosztami dostawy (z wyjątkiem kosztów dodatkowych,\nktóre ewentualnie wynikną w związku z wyborem przez Państwa innego sposobu dostawy niż najtańszy zwykły\noferowany przez nas sposób dostawy). Do zwrotu płatności stosujemy ten sam środek płatności, którym posłużyli\nsię Państwo podczas pierwotnej transakcji, chyba że jednoznacznie uzgodnimy z Państwem inny środek\npłatności. W żadnym wypadku nie naliczymy Państwu za to jakichkolwiek opłat. W przypadku, gdy przy składaniu\nzamówienia skorzystali Państwo z opcji płatności, o której mowa w punkcie 3.2 i nie dokonali Państwo jeszcze\npłatności, nie dokonujemy zwrotu płatności. W każdym przypadku możemy odmówić dokonania zwrotu płatności\notrzymanej od Państwa do chwili otrzymania zwrotu produktu lub do chwili, gdy przedstawią Państwo dowód, że\nprodukt został do nas wysłany, w zależności od tego, które z tych zdarzeń nastąpi wcześniej. Państwo z kolei\nmają obowiązek odesłać nam lub przekazać produkt niezwłocznie, jednak nie później niż czternaście dni od dnia,\nw którym poinformowali nas Państwo o odstąpieniu od umowy. Termin uważa się za dochowany, jeśli produkt\nzostanie wysłany przed upływem czternastu dni. Poniesiemy koszty przesyłki zwrotnej produktów w przypadku\nprzesyłek z kraju, w którym doręczono Państwu te towary, jeśli wykorzystają Państwo udostępniony przez nas\n\nformularz zwrotu (oraz skorzystają z usług przewoźnika wskazanego w formularzu zwrotu lub w inny sposób w\nzwiązku ze zwrotem). W przeciwnym razie koszty przesyłki zwrotnej ponoszą Państwo. Odpowiadają Państwo za\nzmniejszenie wartości rzeczy będące wynikiem korzystania z niej w sposób wykraczający poza konieczny do\nstwierdzenia charakteru, cech i funkcjonowania rzeczy.\nWzór formularza odstąpienia od umowy\nJeśli chcą Państwo odstąpić od niniejszej umowy, prosimy o wypełnienie niniejszego formularza. Alternatywnie\nmogą Państwo także odstąpić od umowy w sposób przedstawiony powyżej.\n- Adresat: Zalando SE, Valeska-Gert-Str. 5, 10243 Berlin\n- Ja/My(*) niniejszym informuję/informujemy(*) o moim/naszym odstąpieniu od umowy sprzedaży następujących\nrzeczy(*)\n- Data zawarcia umowy(*)/odbioru(*)\n- Imię i nazwisko konsumenta(-ów)\n- Adres konsumenta(-ów)\n- Podpis konsumenta(-ów) (tylko jeżeli formularz jest przesyłany w wersji papierowej)\n- Data\n(*) niepotrzebne skreślić\ni przesłanie go do nas na poniższy adres:\nZalando SE, Valeska-Gert-Str. 5, 10243 Berlin, telefon: +48 22 3003095, e-mail: [email protected]\nUWAGA: Wyłączenie prawa do odstąpienia od umowy: Prawo odstąpienia od umowy nie przysługuje\nkonsumentowi w odniesieniu do umowy, w której przedmiotem świadczenia jest Produkt Zalando dostarczany w\nzapieczętowanym opakowaniu, którego po otwarciu opakowania nie można zwrócić ze względu na ochronę\nzdrowia lub ze względów higienicznych, jeżeli opakowanie zostało otwarte po dostarczeniu.\n7. Ustawowe prawo do odstąpienia od umowy zakupu produktów partnera Zalando i artykułów Zalando-\nZircle\nW przypadku nabycia produktów partnera Zalando lub artykułów Zalando-Zircle (artykuły Mody Pre-Owned) mają\nPaństwo ustawowe prawo do odstąpienia od umowy. W przypadku odstąpienie od umowy zakupu produktów\npartnera Zalando zgodnie z poniższymi zasadami, Państwa odstąpienie jest skuteczne wobec zarówno Zalando\noraz partnera Zalando.Przede wszystkim chcemy Państwa poinformować, że w przypadku odesłania produktów\npartnera Zalando mogą Państwo użyć formularza zwrotu załączonego do Państwa zamówienia lub dostępnego\ndo wydrukowania na Państwa koncie klienta. Jeśli nie będą Państwo mieli do dyspozycji drukarki, lub będą mieli\nPaństwo problemy ze ściągnięciem formularza, lub będą Państwo potrzebowali nowego formularza zwrotu, mogą\ngo Państwo pozyskać także przez nasz serwis Customer Care (dane kontaktowe poniżej). Prosimy o ułatwienie\nnam uniknięcia dodatkowych kosztów i przesyłanie zwrotów zawsze z formularzem zwrotu.\nPouczenie w kwestii prawa do odstąpienia od umowy:\nMają Państwo prawo do odstąpienia od umowy w ciągu czternastu dni bez podania przyczyn. Termin na\nodstąpienie od umowy biegnie od dnia, w którym Państwo lub wskazana przez Państwa osoba trzecia niebędąca\nprzewoźnikiem weszli/weszła w posiadanie produktu.W celu wykonania swojego prawa do odstąpienia od umowy\nmuszą Państwo powiadomić o swojej decyzji w tej sprawie Zalando SE, Valeska-Gert-Str. 5, 10243 Berlin;\ntelefon:+48 22 3003095; e-mail: [email protected]; lub odpowiedniego partnera Zalando w drodze\njednoznacznego oświadczenia woli (np. przy pomocy listu wysłanego pocztą lub e-maila). Link do danych\nkontaktowych odpowiedniego partnera Zalando podany jest na stronie internetowej każdego produktu. Dane\nkontaktowe partnera Zalando są także dostępne w pliku w formacie PDF zatytułowanym „Pouczenie w kwestii\nprawa do odstąpienia od umowy”, załączonym do potwierdzenia przyjęcia zamówienia wysłanego przez nas\nPaństwu. Mogą Państwo w tym celu użyć załączonego wzoru formularza odstąpienia od umowy. Jednak, nie jest\nto obowiązkowe.Mogą Państwo również wypełnić i przesłać nam (lub odpowiedniemu partnerowi Zalando)\nformularz odstąpienia od umowy, albo sporządzić i przesłać jakiekolwiek inne oświadczenie woli, także\n\nelektronicznie, przy użyciu formularza kontaktowego znajdującego się na naszej stronie internetowej. Jeśli\nskorzystają Państwo z tej możliwości, prześlemy Państwu niezwłocznie (np. drogą mailową) potwierdzenie\notrzymania Państwa oświadczenia. W celu wykonania prawa do odstąpienia od umowy wystarczy wysłać\npowiadomienie o skorzystaniu z tego prawa przed upływem terminu na odstąpienie od umowy.\nSkutki odstąpienia od umowy.\nW przypadku odstąpienia przez Państwa od umowy mamy obowiązek niezwłocznie, jednak nie później niż w\nciągu czternastu dniu od dnia otrzymania przez nas albo przez partnera Zalando albo przez Zalando-Zircle\nPaństwa powiadomienia o odstąpieniu od umowy, zwrócić Państwu wszystkie otrzymane od Państwa płatności,\nwłącznie z kosztami dostawy (z wyjątkiem kosztów dodatkowych, które ewentualnie wynikną w związku z\nwyborem przez Państwa innego sposobu dostawy niż najtańszy zwykły oferowany przez nas sposób dostawy).\nDo zwrotu płatności stosujemy ten sam środek płatności, którym posłużyli się Państwo podczas pierwotnej\ntransakcji, chyba że jednoznacznie uzgodnimy z Państwem inny środek płatności. W żadnym wypadku nie\nnaliczymy Państwu za zwrot jakichkolwiek opłat. W przypadku, gdy przy składaniu zamówienia skorzystali\nPaństwo z opcji płatności, o której mowa w punkcie 3.2, i nie dokonali Państwo jeszcze płatności, nie\ndokonujemy zwrotu płatności. W każdym przypadku możemy odmówić dokonania zwrotu płatności otrzymanej od\nPaństwa do chwili otrzymania przez partnera Zalando albo przez Zalando-Zircle zwrotu produktu lub do chwili,\ngdy przedstawią Państwo nam dowód, że produkt został wysłany do partnera Zalando lub do Zalando-Zircle, w\nzależności od tego, które z tych zdarzeń nastąpi wcześniej. Państwo z kolei mają obowiązek odesłać lub\nprzekazać produkt do odpowiedniego partnera Zalando lub Zalando\u0002Zircle niezwłocznie, jednak nie później niż\nczternaście dni od dnia, w którym poinformowali nas Państwo (lub odpowiedniego partnera Zalando lub Zalando-\nZircle) o odstąpieniu od umowy. Link do danych kontaktowych odpowiedniego partnera Zalando i Zalando-Zircle\npodany jest na stronie internetowej każdego produktu. Dane kontaktowe partnera Zalando są także dostępne w\npliku w formacie PDF zatytułowanym „Pouczenie w kwestii prawa do odstąpienia od umowy\", załączonym do\nwysłanego przez nas Państwu potwierdzenia przyjęcia zamówienia. Termin uważa się za dochowany, jeśli\nprodukt zostanie wysłany przed upływem czternastu dni. Poniesiemy koszty przesyłki zwrotnej produktów w\nprzypadku przesyłek z kraju, w którym doręczono Państwu te produkty, jeśli wykorzystają Państwo udostępniony\nprzez nas formularz zwrotu (oraz skorzystają z usług przewoźnika wskazanego przez Zalando w formularzu\nzwrotu lub w inny sposób wskazany przez Zalando w związku ze zwrotem). W przeciwnym razie koszty przesyłki\nzwrotnej ponoszą Państwo. Odpowiadają Państwo tylko za zmniejszenie wartości rzeczy będące wynikiem\nkorzystania z niej w sposób wykraczający poza konieczny do stwierdzenia charakteru, cech i funkcjonowania\nrzeczy. W celu stwierdzania charakteru, cech i funkcjonowania rzeczy mogą Państwo normalnie otworzyć lub\nrozpakować paczkę, by sprawdzić cechy i funkcjonowanie rzeczy oraz zbadać ją w sposób przyjęty zwyczajowo\nw sklepach stacjonarnych. Zwracamy uwagę na fakt, że jeżeli poproszą nas Państwo o rozpoczęcie świadczenia\njakichkolwiek zamówionych usług (z wyłączeniem treści cyfrowych) przed upływem czternastu dni, to będą\nPaństwo zobowiązani do zapłacenia nam wynagrodzenia za usługi proporcjonalnie do zakresu, w jakim zostały\njuż one wykonane do momentu odstąpienia przez Państwa od umowy.\nWzór formularza odstąpienia od umowy.\nJeśli chcą Państwo odstąpić od niniejszej umowy posługując się niniejszym formularzem odstąpienia, to prosimy\no wypełnienie i zwrócenie go Zalando lub partnerowi Zalando lub Zalando-Zircle. Alternatywnie mogą Państwo\ntakże odstąpić od umowy w sposób przedstawiony powyżej.\n- Adresat: Zalando SE, Valeska-Gert-Str. 5, 10243 Berlin, telefon: +48 22 3003095, e-mail\nodstą[email protected] (lub odpowiedni partner Zalando).\nJa/My(*) niniejszym informuję/informujemy(*) o moim/naszym odstąpieniu od umowy sprzedaży następujących\nrzeczy(*):\n- Data zawarcia umowy(*)/odbioru(*)\n- Imię i nazwisko konsumenta(-ów)\n- Adres konsumenta(-ów)\n- Data\n(*) niepotrzebne skreślić\n\nUWAGA: Wyłączenie prawa do odstąpienia od umowy: Prawo odstąpienia od umowy nie przysługuje\nkonsumentowi w odniesieniu do umowy, w której przedmiotem świadczenia jest Produkt partnera Zalando\ndostarczany w zapieczętowanym opakowaniu, którego po otwarciu opakowania nie można zwrócić ze względu\nna ochronę zdrowia lub ze względów higienicznych, jeżeli opakowanie zostało otwarte po dostarczeniu.\n8. Dobrowolne prawo do zwrotu produktu w ciągu do 100 dni od jego otrzymania\n8.1 Bez uszczerbku dla Państwa ustawowego prawa do odstąpienia od umowy oferujemy Państwu dobrowolnie\nprawo do zwrotu produktu w ciągu 100 dni od jego otrzymania przez Państwa. Dzięki temu prawu zwrotu\nproduktu mogą Państwo uwolnić się od skutków umowy także po upływie 14-dniowego okresu na odstąpienie\numowy (patrz pouczenie w sprawie prawa do odstąpienia od umowy w punkcie 6 powyżej) w ten sposób, że w\nciągu 100 dni od otrzymania towaru (bieg terminu rozpoczyna się w dniu otrzymania przez Państwa towaru)\nprześlą go Państwo do nas.\n8.2 Jeśli zdecydują się Państwo zwrócić jakikolwiek produkt, przy dostawie którego zostały naliczone koszty\ndostawy na dużą odległość, zwrócimy Państwu koszty dostawy na dużą odległość, jeśli zostanie zwrócone całe\nzamówienie (w skład którego wchodził taki produkt). Twoje ustawowe prawa pozostają nienaruszone. W\nszczególności, to postanowienie nie ma zastosowania do ustawowego prawa odstąpienia od umowy.\n8.3 W przypadku przesłania zwrotnego produktów Zalando lub artykułu Zalando-Zircle mogą Państwo\nzastosować załączony do zamówienia lub dostępny przez konto klienta formularz zwrotu. Jeśli będą Państwo\nmieli problemy ze ściągnięciem formularza lub nie będą Państwo mieli do dyspozycji drukarki, prosimy o\nskontaktowanie się z naszą obsługą klienta.\n8.4 W przypadku przesłania zwrotnego produktów partnera Zalando mogą Państwo zastosować załączony do\nzamówienia formularz zwrotu. Mogą Państwo także skorzystać z linka do danych kontaktowych odpowiedniego\npartnera Zalando, podanego na stronie internetowej każdego produktu. Dane kontaktowe partnera Zalando są\ntakże dostępne w pliku w formacie PDF zatytułowanym „Pouczenie w kwestii prawa do odstąpienia od umowy”,\nzałączonym do wysłanego przez nas Państwu potwierdzenia przyjęcia zamówienia.\n8.5 Do dotrzymania terminu zwrotu produktu wystarczy wysłanie przez Państwa produktu w ciągu 100 dni od\njego otrzymania. Jednak warunkiem wykonania dobrowolnego prawa zwrotu jest to, że nie używali Państwo\nproduktu, w szczególności w przypadku odzieży i obuwia przymierzyli go Państwo jedynie na próbę, jak w sklepie\nodzieżowym, i prześlą Państwo produkt w komplecie, w pierwotnym stanie, bez uszkodzeń i w oryginalnym\nopakowaniu. Dodatkowo, w przypadku, gdy przedmiotem świadczenia jest produkt dostarczany w\nzapieczętowanym/zaplombowanym opakowaniu, nie będą mogli Państwo skorzystać z dobrowolnego prawa\nzwrotu, jeżeli po dostarczeniu tego produktu jego opakowanie zostało otwarte lub gdy plomba została usunięta\nlub zniszczona. Ponadto, w przypadku kosmetyków, dodatkowym warunkiem wykonania dobrowolnego prawa\nzwrotu jest to, że prześlą Państwo ten produkt w oryginalnym opakowaniu transportowym tj. w opakowaniu w\nktórym produkt został do Państwa dostarczony. Aż do chwili upływu terminu ustawowego prawa do odstąpienia\nod umowy stosuje się wyłącznie warunki ustawowe związane z tym prawem. Dobrowolne prawo zwrotu nie\nogranicza w żaden sposób Państwa ustawowego prawa do odstąpienia od umowy i zwrotu produktu, które\npozostają nienaruszone. Dobrowolne prawo zwrotu nie odnosi się do bonów upominkowych.\n8.6 Należy pamiętać, że 100-dniowe prawo do zwrotu nie obowiązuje w odniesieniu do rekompensaty śladu\nwęglowego w przypadku podjęcia decyzji o jej opłaceniu przy składaniu zamówienia. Ustawowe prawo do\nodstąpienia od umowy pozostaje nienaruszone.\n9. Zwroty płatności\nWszelkie zwroty płatności wykonywane są automatycznie na konto używane przez Państwa do zapłaty. W\nprzypadku zapłaty przelewem na konto płatności zostaną zwrócone na konto, z którego dokonano przelewu. W\nprzypadku zapłaty przez PayPal lub przy pomocy karty kredytowej zwrot nastąpi na powiązane konto PayPal lub\nkonto karty kredytowej. Jeśli w czasie zakupu skorzystali Państwo z karty upominkowej, to odpowiednia kwota\nzostanie zwrócona na Państwa saldo i będzie mogła zostać wykorzystana podczas kolejnych zakupów.\n10. Ustawowa odpowiedzialność za wady produktów\n\n10.1 Zobowiązujemy się do dostarczenia Państwu produktów wolnych od wad.\n10.2 W przypadku wszelkich wad produktów zamówionych za pośrednictwem www.zalando.pl lub www.zalando-\nzircle.pl ponosimy ustawową odpowiedzialność z tytułu rękojmi za wady, wynikającą z art. 556 i następnych\nustawy z dnia 23 kwietnia 1964 r. - Kodeks cywilny (Dz.U.2016.380 j.t. z późn. zm.).\n10.3 Odpowiedzialność przy zamawianiu artykułów Zalando-Zircle: Przy zamawianiu artykułów Zalando-Zircle\nnależy pamiętać, że są to artykuły używane. Okres odpowiedzialności za wady artykułów Zalando-Zircle wynosi\njeden rok.\n10.4 Warunki dotyczące jakości artykułów Zalando-Zircle: Informujemy, że artykuły Zalando-Zircle będące\nartykułami z drugiej ręki (second-hand) mogą nosić ślady użytkowania, jakie mogą wystąpić w artykułach tego\ntypu.\n11. Reklamacje\n11.1 Wszelkie reklamacje dotyczące produktów zakupionych w naszym sklepie należy składać poprzez formularz\nreklamacyjny. Zapytania związane z przebiegiem realizacji Państwa zamówienia należy składać za\npośrednictwem Customer Care (Biuro Obsługi Klienta) telefonicznie lub drogą elektroniczną (poprzez formularz\nkontaktowy).\n11.2 W niektórych przypadkach możemy poprosić Państwa o przesłanie nam zdjęć produktów podlegających\nreklamacji.\n11.3 Państwa reklamacja zostanie przez nas rozpatrzona w terminie 14 dni od daty otrzymania kompletnego\nzgłoszenia reklamacyjnego. O ewentualnych brakach w zgłoszeniu reklamacyjnym powiadomieni zostaną\nPaństwo przez nas niezwłoczne. Wraz z takim zawiadomieniem przesłana zostanie Państwu informacja, w jaki\nsposób należy uzupełnić braki w zgłoszeniu reklamacyjnym.\n11.4 Informujemy jednocześnie, iż przysługuje Państwu możliwość skorzystania z pozasądowych sposobów\nrozpatrywania reklamacji i dochodzenia roszczeń zgodnie z procedurą Internetowego Rozstrzygania Sporów\nopracowaną przez Komisję Europejską dostępną na stronie internetowej:\nhttps://webgate.ec.europa.eu/odr/main/?event=main.home.show.\n12. Customer Care\nW przypadku dodatkowych pytań zajrzyj do naszej sekcji \"Pomoc i kontakt\" lub skontaktuj się z nami.\n13. Inne informacje\n13.1 Niniejszy regulamin znajdą Państwo na stronie www.zalando.pl Ponadto mogą Państwo wydrukować lub\nzapisać ten dokument korzystając ze zwykłych funkcji swojej przeglądarki internetowej (najczęściej: Plik ->\nZapisz jako). Niniejszy dokument mogą Państwo także ściągnąć w formacie PDF i zarchiwizować, klikając tutaj.\nW celu otwarcia pliku PDF potrzebują Państwo bezpłatnego programu Adobe Reader (dostępnego na stronie\nwww.adobe.pl) lub innego, podobnego programu, który otwiera pliki w formacie PDF.\n13.2 Dane swojego zamówienia mogą Państwo zarchiwizować w prosty sposób przez ściągnięcie regulaminu i\nzapisanie informacji podsumowujących zamówienie znajdujących się na ostatniej stronie Państwa zamówienia\npodczas jego składania w sklepie internetowym przy użyciu funkcji „Zapisz jako” w swojej przeglądarce\ninternetowej; mogą Państwo także zaczekać na potwierdzenie zamówienia, które prześlemy Państwu dodatkowo\ne-mailem po zakończeniu procesu zamówienia na podany przez Państwa adres. Taki e-mail potwierdzający\nzamówienie zawiera wszystkie istotne dane Państwa zamówienia, wzór formularza odstąpienia od umowy oraz\nodnośnik do niniejszego regulaminu, i możliwe jest jego łatwe wydrukowanie tudzież zapisanie przy użyciu\nprogramu do otwierania poczty elektronicznej.\n13.3 Z ofert dostępnych na www.zalando.pl korzystać mogą osoby w wieku co najmniej 18 lat.\n13.4 Każdy klient jest uprawniony do posiadania jednocześnie maks. jednego konta klienta w Zalando.\nZastrzegamy sobie prawo usuwania wielokrotnych rejestracji.\nDane identyfikujące Zalando:\nZalando SE\n\nValeska-Gert-Str. 5\n10243 Berlin\nZarząd: Robert Gentz & David Schneider (obaj współprezesi zarządu), Dr. Astrid Arndt, James Freeman II, David\nSchröder\nPrzewodniczący Rady Nadzorczej: Cristina Stenbeck\nwpisana do rejestru w Sądzie Rejonowym Charlottenburg Berlin, HRB 158855 B\nNIP: DE 260543043\nStan na: 01.07.2021\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":1,"explanation":"When the company reserves the right to change the contract with a valid reason specified in the contract or does not reserve a right to change it at all"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Albicla","url":"https://albicla.com/regulamin","lang":"PL","sector":"Social","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Free","date":""},"document":{"title":"","text":"Regulamin\nREGULAMIN\nALBICLA.COM\nLet\nAlBiCla - Let All Be Clear\nALBICLA jest bezpłatnym serwisem społecznościowym umożliwiającym\nwolną od cenzury wymianę myśli, idei, opinii.\nNie ingerujemy w udostępniane przez użytkowników treści,\nchyba że naruszają one prawo.\nPoniżej znajduje się Regulamin ALBICLA, który w szczególności\n określa zasady świadczenia usług przez ALBICLA, a także są wskazuje na jakie\nwarunki godzą się Użytkownicy ALBICLA.\nPoszczególne rozdziały zawierają: \n \nI. \nDefinicje pojęć użytych w Regulaminie \n \nII. \nWarunki niezbędne do rozpoczęcia korzystania z ALBICLA \nIII. \nFunkcje ALBICLA\nIV. \nZasady korzystania z ALBICLA \n\nV. \nOdpowiedzialność Użytkowników\nVI. \nZablokowanie Konta/usunięcie treści\nVII. \nOdpowiedzialność ALBICLA\nVIII. \nReklamacje i rozwiązywanie sporów \nIX. \nPrawa Użytkownika \n \nX. \nPrawa autorskie \nXI. \nDane osobowe\nXII. \nPostanowienia końcowe \n \nI. \nDefinicje:\n1. Regulamin- niniejszy dokument, w którym zawarte są reguły korzystania z serwisu\nALBICLA.COM;\n2. ALBICLA- serwis społecznościowy dostępny pod adresem https://albicla.com/;\n3. Usługodawca- właściciel ALBICLA: Słowo Niezależne spółka z ograniczoną odpowiedzialnością z\nsiedzibą w Warszawie, 02-056,\nwpisana do Krajowego Rejestru Sądowego\n prowadzonego przez Sąd Rejonowy dla m. st. Warszawy, XII Wydział Gospodarczy\nKrajowego\nRejestru Sądowego pod numerem KRS 0000246403, kapitał zakładowy 247 000 zł\nw całości wpłacony, posiadająca numer\nidentyfikacji podatkowej NIP: 5252351210,\nREGON: 140377118;\n4. Rejestracja- proces polegający na wypełnieniu formularza rejestracyjnego w celu utworzenia\nKonta Użytkownika;\n5. Użytkownik-\nkażdy podmiot po dokonaniu Rejestracji, korzystający z ALBICLA;\n6. Konto\nUżytkownika- odrębna część ALBICLA zabezpieczona loginem i hasłem,\nudostępniona Użytkownikowi;\n7. Logowanie-\nproces polegający na autoryzowaniu Użytkownika w celu udzielenia mu dostępu\ndo Konta Użytkownika;\n8. Licencja-\n niewyłączna, nieodpłatna licencja udzielana Użytkownikom na korzystanie z ALBICLA\n na zasadach określonych w\nRegulaminie;\n9. Umowa-\numowa zawarta między Usługodawcą a Użytkownikiem, której przedmiotem jest\nświadczenie usług w ramach ALBICLA na\nzasadach opisanych w Regulaminie, a także\nkażda umowa zawarta za pośrednictwem ALBICLA między Usługodawcą a Użytkownikiem;\n10. Profil- odrębna\nczęść ALBICLA dotycząca jednego Użytkownika;\n11. Profil\noficjalny- Konto Użytkownika należące do instytucji publicznej lub\npowszechnie rozpoznawalnej osoby;\n12. Post- wiadomość\numieszczona przez Użytkownika w ramach swojego Konta Użytkownika; \n II. \nWarunki niezbędne do rozpoczęcia korzystania z ALBICLA\n\n1. W\ncelu korzystania z ALBICLA konieczne jest:\na. Posiadanie\nurządzenia elektronicznego przekazującego dane teleinformatyczne (komputer,\nsmartfon, tablet itp.) posiadającego\nsystem operacyjny- warto mieć aktualną\nwersję systemu, w innym przypadku może dojść do gorszego funkcjonowania ALBICLA;\nb. Posiadanie\ndostępu do sieci Internet;\nc. Posiadanie\naktywnego adresu mailowego;\nd. Posiadanie\nzainstalowanej na urządzeniu przeglądarki internetowej- warto mieć przeglądarkę\n uaktualnioną do najnowszej\nwersji, w innym przypadku może dojść do gorszego\nfunkcjonowania ALBICLA.\n2. ALBICLA\nprzeznaczona jest dla osób pełnoletnich, posiadających pełną zdolność do\nczynności prawnych a także dla podmiotów\nprawnych i innych organizacji\n posiadających co najmniej osobowość prawną. W imieniu osoby publicznej/firmy/instytucji\n czy innej\norganizacji może działać osoba prawnie umocowana do reprezentowania\ndanego podmiotu.\n3. ALBICLA\nnie jest przeznaczona dla:\na. Osób\nniepełnoletnich\nb. Osób\nskazanych za przestępstwa seksualne\nc. Osób,\nktórych Konto Użytkownika na ALBICLA zostało wcześniej zablokowane z uwagi na naruszenie\nRegulaminu\n4. Jeżeli\nosoba spełnia wymóg zapisu II.2. Regulaminu i nie podlega wykluczeniu na mocy\nzapisu II.3. Regulaminu, aby móc korzystać z\nALBICLA powinna założyć Konto\nUżytkownika.\n5. Zakładanie\nKonta Użytkownika polega na uzupełnieniu formularza rejestracyjnego dostępnego\nna stronie https://albicla.com/zarejestruj\n6. Dane\ni informacje, które należy uzupełnić by założyć Konto Użytkownika to:\na. Imię\ni nazwisko/ nazwa użytkownika\nb. Adres\ne-mail\nc. Hasło\nd. Powtórzyć\nustanowione Hasło\ne. Wybrać\n Kraj będący miejscem zamieszkania lub siedzibą w przypadku podmiotów\n posiadających osobowość prawną-\ndomyślnym krajem jest POLSKA\nf. \nWybrać jedną z opcji:\n1. Profil prywatny\n2. Profil oficjalny (przy zaznaczeniu\n tej opcji konieczne jest określenie czy Profil będzie należał do sieci\n społeczności\nALBICLA poprzez interakcje z innymi Użytkownikami czy też kontem\n informacyjnym- publikującym komunikaty\nwłaściciela Profilu z możliwością ich\nkomentowania)\n7. Po\n uzupełnieniu danych wskazanych w II.5 Regulaminu należy zapoznać się z\n niniejszym Regulaminem i Polityką Prywatności\ndostępnymi na ALBICLA i\nzaakceptować ich treści.\n8. Często\nz uwagi na ochronę ALBICLA przed zakładaniem Kont przez maszyny lub programy, osoba\nzakładająca Konto Użytkownika\nbędzie zobowiązana do zaznaczenia pola „nie\njestem robotem”.\n9. Po\nwykonaniu ww. czynności w celu założenia Konta Użytkownika należy kliknąć\nprzycisk „Utwórz Konto”. Na podany w formularzu\nrejestracyjnym adres mailowy\nzostanie wysłana wiadomość mailowa z linkiem aktywacyjnym Konto Użytkownika.\nNależy kliknąć ten link\nlub skopiować go do przeglądarki i otworzyć. Po\nwykonaniu tych czynności Konto Użytkownika jest aktywne a osoba zakładająca\nKonto\nstaje się Użytkownikiem w rozumieniu Regulaminu.\n10. Jeżeli osoba nie\nspełnia warunków korzystania z ALBICLA lub nie\nakceptuje treści Regulaminu czy też Polityki Prywatności, to w takim\nwypadku nie\npowinna zakładać Konta Użytkownika na ALBICLA a założone Konto Użytkownika usunąć.\n11. Wykorzystane na\npotrzeby zakładania Konta Użytkownika Hasło musi zawierać od 8 do 32 znaków.\nZalecamy tworzenie tzw. haseł\ntrudnych zawierających duże i małe litery, cyfry,\nznaki. W żadnym wypadku nie należy udostępniać Hasła osobom trzecim.\n12. Adres mailowy Użytkownika\nbędzie służył do komunikacji Usługodawcy z Użytkownikiem dotyczącej korzystania\nz ALBICLA.\nWykorzystanie adresu mailowego Użytkownika do innych celów wymaga\nwyraźnej zgody Użytkownika wyrażonej poprzez zaznaczenie\nodpowiednich\ncheckboxów podczas Rejestracji lub dokonanych w ramach edycji Konta\nUżytkownika. Zasady przetwarzania danych\nosobowych Użytkownika są ujęte w\nrozdziale XI Regulaminu i szerzej w Polityce Prywatności.\nIII. \nFunkcje ALBICLA\n1. \n Każdorazowo w celu korzystania z ALBICLA należy się Zalogować\n podając adres e-mail i Hasło wpisane podczas dokonywania\nRejestracji.\n2. Zarejestrowany\nUżytkownik ma możliwość wykorzystywania możliwości ALBICLA i przede wszystkim\nmoże:\na. \nTworzyć swój Profil i go edytować\n\nb. \nObserwować inne Profile\nc. \nDodawać Profile do Znajomych\nd. \nTworzyć Posty\ne. \nKomentować Posty\nf. \nUdostępniać Posty\ng. \nPolubić Posty\nh. \nTworzyć wydarzenia/sondy/ankiety\ni. \nPublikować zdjęcia i filmy\n3. Usługodawca\n będzie wprowadzał kolejne funkcje w ALBICLA mające na celu: usprawnienie\n korzystania z ALBICLA, ułatwienie\nwchodzenia w interakcje z innymi\nUżytkownikami, czy też zwiększające zadowolenie Użytkowników z korzystania z\nALBICLA.\n4. W\nramach swojego Konta Użytkownik ma możliwość edytowania swojego Profilu.\nIstnieje możliwość dodania do własnego Profilu\nmiasta zamieszkania lub siedziby\ni dodania krótkiego opisu- „BIO”.\n5. Użytkownik\nsamemu decyduje komu udostępnia Posty, wybierając jedną z opcji przy Poście:\n„publiczny/znajomi/ja”.\n6. Użytkownik\nma możliwość budowania listy osób obserwujących i znajomych według własnego\nuznania. Dlatego też, w przypadku\nbraku chęci kontaktu z danym Użytkownikiem\nmożna skorzystać z opcji „Wycisz”.\n7. W\nprzypadku gdy Użytkownik zauważy treści niezgodne z Regulaminem w szczególności\nnaruszające zasady korzystania z ALBICLA\nwskazane w rozdziale IV Regulaminu powinien\nzgłosić naruszenie Usługodawcy korzystając z opcji „Zgłoś naruszenie” dostępnej\nna\nALBICLA.\n8. Użytkownik\npowinien zapoznać się z funkcjonalnością ALBICLA i mieć świadomość, że korzysta\nz ALBICLA na własną\nodpowiedzialność.\n9. Z\nuwagi na fakt, że ALBICLA jest serwisem bezpłatnym, koszty utrzymania ALBICLA\nbędą pochodziły z wyświetlanych reklam lub\nartykułów sponsorowanych. Usługodawca\n dołoży wszelkich starań by wyświetlane reklamy nie zmniejszały komfortu\n korzystania z\nALBICLA a artykuły sponsorowane były merytoryczne.\nIV. \nZasady korzystania z ALBICLA\n1. \nALBICLA jest serwisem społecznościowym dla każdego, niezależnie od\nwyznawanych poglądów. ALBICLA nie stosuje cenzury treści.\nWolność wypowiedzi\njest nadrzędną wartością przyświecającą ALBICLA. Jeżeli Użytkownik nie narusza\nzasad ALBICLA to jego Konto\nUżytkownika nie zostanie zablokowane a udostępnione\ntreści nie zostaną zablokowane.\n2. Każdy\nUżytkownik może posiadać tylko jedno Konto. W przypadku założenia kilku Kont z\nwykorzystaniem tych samych danych\nUsługodawca ma prawo do zablokowania Kont i\nwezwania Użytkownika do złożenia wyjaśnień.\n3. \nUżytkownik jest zobowiązany do posługiwania się własnymi,\nprawdziwymi danymi. Użytkownik powinien aktualizować swoje dane\nkorzystając z\nopcji Edycji Profilu.\n4. Usługodawca\npotwierdza, że właścicielem całej treści wprowadzonej za pomocą Konta Użytkownika\njest sam Użytkownik.\n5. Użytkownik\nzobowiązany jest korzystać z ALBICLA tylko w sposób zgodny z przeznaczeniem\nserwisu. Użytkownik nie ma prawa\npodejmować działań mających lub mogących\nzakłócać pracę ALBICLA. Użytkownik nie może sam ani przy udziale osób trzecich\nzmieniać, obchodzić czy też łamać zabezpieczeń ALBICLA, jak również nie może\nwywierać negatywnego wpływu na ALBICLA\npowodując jego uszkodzenie lub\ndoprowadzając do jego przeciążenia.\n6. Użytkownik\nnie ma prawa do kopiowania, modyfikowania i rozpowszechniania całości czy też\nczęści ALBICLA w sposób wykraczający\npoza przyznaną Użytkownikowi Licencję.\n7. Użytkownik\njest zobowiązany do niezwłocznego poinformowania ALBICLA jeżeli inny Użytkownik\nlub osoba trzecia będą dochodzić\nwobec niego roszczeń w związku z naruszeniem\nprawa przez Użytkownika przy wykorzystaniu w jakimkolwiek zakresie ALBICLA.\n8. Użytkownik\nnie może wykorzystywać danych osobowych innych Użytkowników czy osób trzecich\ndo których uzyskał dostęp poprzez\nALBICLA do innych celów niż związane z\ndziałalnością w ramach ALBICLA.\n9. Użytkownik\nw swoim własnym zakresie i na własny koszt zapewnia sobie sprzęt,\noprogramowanie i dostęp do Internetu w celu\nkorzystania z ALBICLA. W przypadku\nproblemów technicznych Użytkownik może uzyskać pomoc od Usługodawcy w zakresie\nuruchomienia i korzystania z ALBICLA.\n10. \nUżytkownik może wystąpić do ALBICLA o nadanie dla Konta tytułu\n„Profil oficjalny”. Stworzenie „Profilu oficjalnego” jest możliwe po\nprzesłaniu\nna e-mail [email protected] prośby, wraz z opisaniem uzasadnienia tej prośby.\nWnioski pozostają do uznania ALBICLA,\nktóra może podjąć próbę weryfikacji.\n\n\nV. \nOdpowiedzialność Użytkowników\n1. \nUżytkownik zobowiązany jest do przestrzegania wszystkich postanowień\nRegulaminu.\n2. \n Użytkownik ponosi pełną odpowiedzialność odszkodowawczą za wszelkie\n szkody poniesione przez Usługodawcę, innych\nUżytkowników lub osoby trzecie w\nzwiązku z działaniem lub zaniechaniem Użytkownika przy korzystaniu z ALBICLA.\n3. \n Użytkownik zobowiązuje się do korzystania z ALBICLA w sposób\n nienaruszający praw osób trzecich (dóbr osobistych, praw\nautorskich), dobrych\n obyczajów ani powszechnie obowiązujących przepisów prawa. Użytkownik ponosi\n pełną i wyłączną\nodpowiedzialność za swoje działania w ramach Konta Użytkownika.\n4. \n Użytkownik zobowiązuje się do nieumieszczania w ALBICLA treści\n wulgarnych, obrażających inne osoby, dyskryminujących z\njakiegokolwiek powodu,\n godzących w dobre imię innych osób, w tym godzące w Usługodawcę, Użytkowników lub\n osoby trzecie.\nPowyższe dotyczy także komunikowania się z Usługodawcą,\n Użytkownikami i osobami trzecimi. Użytkownik ponosi pełną\nodpowiedzialność za\nnaruszenia w tym zakresie.\n5. \n Wszelkie powinności wynikające z przepisów prawa dotyczące\n publikacji treści, obowiązków i praw autorskich leżą po stronie\nUżytkownika.\n6. Pełna\nodpowiedzialność za tworzone i udostępniane treści spoczywa na Użytkowniku.\n7. Użytkownik\nodpowiada za zabezpieczenie swoich danych dostępowych do Konta Użytkownika. W\nprzypadku podejrzenia, że dane\ndostępowe posiada osoba nieupoważniona Użytkownik\npowinien niezwłocznie powiadomić o tym fakcie Usługodawcę.\n8. Użytkownik\nzobowiązany jest korzystać z ALBICLA tylko w sposób zgodny z jego\nprzeznaczeniem. Użytkownik nie ma prawa\npodejmować działań mających lub\nmogących zakłócać pracę ALBICLA. Użytkownik nie może sam ani przy udziale osób\ntrzecich\nzmieniać, obchodzić czy też łamać zabezpieczeń ALBICLA, jak również\nnie może wywierać negatywnego wpływu na ALBICLA\npowodując jego uszkodzenie lub\ndoprowadzając do jego przeciążenia.\nVI. \nZablokowanie Konta/Usunięcie treści\n1. \nW przypadku otrzymania zgłoszenia o\nnaruszeniu Regulaminu przez Użytkownika lub powzięcia tej informacji\nsamodzielnie przez\nUsługodawcę, Usługodawca ma prawo zablokować Użytkownikowi\ndostęp do ALBICLA.\n2. \nPrzed podjęciem działania w sprawie\nblokady Konta Usługodawca może zwrócić się do Użytkownika o przekazanie\nwyjaśnień.\n3. \nUżytkownik, wobec którego doszło do zablokowania Konta może złożyć Reklamację\nna zasadach przewidzianych w rozdziale VIII\nRegulaminu.\nVII. \nOdpowiedzialność ALBICLA\n1. Usługodawca\nma prawo do dokonywania zmian w oprogramowaniu, wprowadzania dodatkowych usług,\nusuwaniu usług, zmian w\nwyglądzie ALBICLA a także w każdym elemencie systemu ALBICLA.\nW żadnym wypadku Usługodawca nie ponosi odpowiedzialności\nwzględem Użytkownika\nza szkody wynikłe z wprowadzonych zmian.\n2. Usługodawca\ninformuje, że zastrzega sobie prawo do czasowej dezaktywacji ALBICLA w celu\ndokonania konserwacji, modyfikacji lub\nulepszania ALBICLA. W każdym takim\nwypadku Usługodawca dołoży starań by wykonać te czynności w sposób możliwie\nnajmniej\ndokuczliwy dla Użytkowników.\n3. Czasowy\nbrak dostępu do ALBICLA lub utrudnienie korzystania z usługi nie może być\npodstawą do odszkodowania względem\nUsługodawcy.\n4. ALBICLA\ndostępne jest dla Użytkowników przez całą dobę. Usługodawca zastrzega sobie\nprawo do krótkich przerw wynikających z\nokresowej konserwacji systemu lub\nspowodowanych zdarzeniami losowymi.\n5. Usługodawca\nnie ponosi żadnej odpowiedzialności za treść prezentowaną przez Użytkownika\npoprzez ALBICLA jak i za działania\nUżytkownika związane z korzystaniem z ALBICLA.\n9. \nUsługodawca nie ponosi odpowiedzialności za szkody wynikające z:\na) \nprzerw w dostawie Usług lub niedostępności ALBICLA niezależnych od\nUsługodawcy lub będących następstwem zdarzeń, których\nUsługodawca nie mógł\nprzewidzieć,\nb) \n niepoprawnego funkcjonowania ALBICLA niebędącego winą umyślną\n Usługodawcy, na przykład problemów technologicznych,\nwadliwego funkcjonowania ALBICLA\nlub braku funkcjonalności;\nc) \ndostępu do Konta Użytkownika przez osoby nieupoważnione\nd) \nnieznajomości lub nieprzestrzegania przez Użytkownika Regulaminu,\ne) \nniebezpieczeństw związanych z użytkowaniem sieci: ataków hakerskich,\nzainfekowania systemu przez wirusy.\nf) \nnaruszenia praw osób trzecich dokonane przez Użytkowników,\ng) \ndziałania osób trzecich za które odpowiedzialności nie ponosi\nUsługodawca,\n\nh) \nbraku autentyczności, rzetelności, poprawności, kompletności danych i\ninformacji zamieszczonych w ALBICLA przez Użytkowników\noraz przekazywanych\ninformacji między Użytkownikami,\ni) \nproblemów technicznych związanych z działaniem sprzętu, oprogramowania,\ndostępu Internetu Użytkownika,\nj) \nzablokowania Konta Użytkownika w przypadku naruszenia Regulaminu.\n6. Usługodawca\nzobowiązuje się do naprawy wszelkich usterek uniemożliwiających lub\nutrudniających dostęp do ALBICLA. W każdym\ntakim przypadku Usługodawca jest\nuprawniony do udostępnienia części sytemu ALBICLA osobom trzecim.\n7. Usługodawca\nma prawo do dokonywania zmian w oprogramowaniu, wprowadzania dodatkowych Usług,\nusuwaniu Usług, zmian w\nwyglądzie poszczególnych części systemu ALBICLA.\n8. Użytkownikowi\nnie przysługują żadne roszczenia związane z utraconymi danymi w związku z\nkorzystaniem z ALBICLA.\nIII. \nReklamacje i rozstrzyganie sporów\n1. \nReklamacje związane z funkcjonowaniem ALBICLA należy składać drogą\nelektroniczną bądź listownie na adres Usługodawcy.\n2. \nW celu ułatwienia i przyśpieszenia rozpatrywania reklamacji zaleca\nsię podanie w treści reklamacji takich informacji jak adres e-mail,\nrodzaj i\ndatę wystąpienia nieprawidłowości oraz danych kontaktowych.\n3. \nRozpatrzenie reklamacji związanej z funkcjonowaniem ALBICLA\nnastępuje niezwłocznie, nie później niż w terminie 30 dni roboczych.\n4. \nOdpowiedź w sprawie reklamacji jest wysyłana na adres e-mail Użytkownika\npodany w ALBICLA.\n5. \n Użytkownik będący Konsumentem w przypadku sporu z Usługodawcą lub\n innym Użytkownikiem będącym przedsiębiorcą w\nrozumieniu art. 43[1] kodeksu\n cywilnego z dnia 23 kwietnia 1964 r. (Dz.U. Nr 16, poz. 93 ze zm.) ma możliwość\n skorzystania z\npozasądowych sposobów rozpatrywania reklamacji i dochodzenia\nroszczeń. Konsument może m.in.:\na. \n zwrócić się do stałego polubownego sądu konsumenckiego działającego przy\n Inspekcji Handlowej z wnioskiem o\nrozstrzygnięcie sporu.\nb. \nzwrócić się do wojewódzkiego inspektora Inspekcji Handlowej z wnioskiem\no wszczęcie postępowania mediacyjnego w sprawie\npolubownego zakończenia sporu.\nc. \n uzyskać bezpłatną pomoc w sprawie rozstrzygnięcia sporu korzystając z\n bezpłatnej pomocy powiatowego (miejskiego)\nrzecznika konsumentów lub\norganizacji społecznej, do której zadań statutowych należy ochrona konsumentów\n(m.in. Federacja\nKonsumentów, Stowarzyszenie Konsumentów Polskich).\nd. \n złożyć skargę poprzez formularz dostępny pod adresem internetowym\n https://webgate.ec.europa.eu/odr/main/index.cfm?\nevent=main.home.show&lng=PL.\n Jest to unijna platforma internetowego systemu rozstrzygania sporów pomiędzy\nkonsumentami i przedsiębiorcami. Platforma ta działa we wszystkich językach\n Unii Europejskiej i mogą Państwo z niej\nskorzystać po wykorzystaniu procedury\nreklamacyjnej z Administratorem lub Użytkownikiem będącym przedsiębiorcą.\n6. \nEwentualne spory powstałe pomiędzy Usługodawcą a Użytkownikiem\nniebędącym jednocześnie konsumentem w rozumieniu art. 22[1]\nkodeksu cywilnego z\n dnia 23 kwietnia 1964 r. (Dz.U. Nr 16, poz. 93 ze zm.), zostają poddane sądowi\n właściwemu ze względu na\nsiedzibę Usługodawcy.\n7. Ewentualne\nspory powstałe pomiędzy Usługodawcą a Użytkownikiem będącym jednocześnie\nkonsumentem w rozumieniu art. 22[1]\nkodeksu cywilnego z dnia 23 kwietnia 1964\nr. (Dz.U. Nr 16, poz. 93 ze zm.), zostają poddane sądowi zgodnie z z przepisami\nkodeksu\npostępowania cywilnego z dnia 17 listopada 1964 r. (Dz.U. Nr 43, poz.\n296 ze zm.\nIX. \nPrawa użytkownika\n1. \n Umowa między Administratorem a Użytkownikiem zawierana jest na czas\n nieokreślony. W każdym momencie Użytkownik może\nodstąpić od Umowy czy to\npoprzez poinformowanie o tym fakcie Usługodawcę czy też poprzez usunięcie treści\nlub usunięcie Konta.\n2. Jak\njuż było wcześniej wskazane Użytkownik może zrezygnować z korzystania z ALBICLA\nw dowolnym momencie, przy czym dostęp\ndo ALBICLA będzie zachowany do czasu\nstałej dezaktywacji Konta.\n3. Prawa\nUżytkownika związane z przetwarzaniem jego danych osobowych zostały opisane w\nRozdziale XI Regulaminu i Polityce\nPrywatności. \n\nX. \nPrawa autorskie\n1. Cała\nzawartość umieszczona przez Usługodawcę do ALBICLA taka jak tekst, grafika,\nloga, ikony przycisków, obrazy, kod,\noprogramowanie, inne rozwiązania\ntechniczne, bazy danych są własnością Usługodawcy i są chronione prawem\nautorskim.\n\n2. Usługodawca\nudziela Użytkownikom niewyłączną, niezbywalną, nieprzenoszalną, ograniczoną do\nterytorium Rzeczpospolitej Polskiej,\nz uwzględnieniem eksterytorialnego\ncharakteru sieci Internet, Licencję na korzystanie z ALBICLA. Licencja\nprzysługuje jedynie na czas\nkorzystania z ALBICLA i uprawnia Użytkowników\nwyłącznie do tymczasowego zwielokrotnienia ALBICLA poprzez jego wyświetlanie w\nprzeglądarce internetowej w celu korzystania zgodnie z jego przeznaczeniem i\nfunkcjonalnością. Użytkownikom nie przysługują\njakiekolwiek inne prawa, w tym\nprawa własności intelektualnej, ponad wyraźnie wskazane w Regulaminie.\nUżytkownikom nie przysługuje\nuprawnienie do jakiegokolwiek wykorzystania kodów\nźródłowych ALBICLA. Niewywiązanie się z powyższego zobowiązania skutkować\nmoże\npociągnięciem do odpowiedzialności Użytkownika za dokonane naruszenie\nautorskich praw majątkowych Usługodawcy.\nXI. \nDane osobowe\n1. \nAdministratorem danych osobowych Użytkowników jest Usługodawca.\n2. \n Wprowadzenie danych w formularzu elektronicznym jak i w Koncie Użytkownika\n jest równoznaczne z wyrażeniem zgody na\nprzetwarzanie danych osobowych Użytkownika\nprzez Usługodawcę.\n3. \nUsługodawca przetwarza jedynie te dane Użytkowników, które są\nniezbędne do prawidłowego wykonania Usług w ramach ALBICLA.\n4. \nPrzetwarzane dane są chronione przez Usługodawcę zgodnie z\nprzepisami prawa i nie będą przekazywane, odsprzedawane ani\nużyczane innym\nosobom lub instytucjom, które nie będą do tego uprawnione.\n5. \nUżytkownik ma możliwość dostępu do dotyczących go danych osobowych w\ncelu ich weryfikacji, modyfikacji, wystąpienia o ich\nusunięcie z bazy danych\nosobowych lub ich przeniesienia zawiadamiając o tym Usługodawcę.\n6. \n W przypadku uznania przez Użytkownika ze dane osobowe są nieprawidłowo\n przetwarzane przez Usługodawcę Użytkownikowi\nprzysługuje skarga do organu\nnadzorczego.\n7. \n Usługodawca będzie przetwarzał dane Użytkowników jedynie przez okres\n trwania Umowy i czas do wygaśnięcia ewentualnych\nroszczeń wynikających z Umowy.\n8. \nWięcej informacji dotyczących zasad przetwarzania danych osobowych\nznajduje się w naszej Polityce Prywatności.\nXII. \nPostanowienia końcowe\n1. \nRegulamin jest dostępny nieprzerwanie na stronie internetowej ALBICLA\nw sposób umożliwiający Użytkownikowi jego odtwarzanie i\nutrwalanie jego treści w\nkażdej chwili.\n2. \nJeśli Regulamin zawiera załączniki to stanowią one integralną część\nRegulaminu.\n3. \nZaakceptowany przez Użytkownika Regulamin i Polityka Prywatności\nstanowią umowę zawartą między Użytkownikiem a Usługodawcą.\n4. \nW sprawach nieuregulowanych w niniejszym Regulaminie mają\nzastosowanie przepisy powszechnie obowiązującego prawa.\n5. \n Usługodawca zastrzega sobie prawo do dokonywania zmian Regulaminu i\n jego Załączników, o czym Użytkownik zostanie\npowiadomiony czy to poprzez\nwiadomość mailową wysłaną na adres mailowy podany przy Rejestracji czy też w\nformie wyświetlenia\ninformacji o zmianie Regulaminu lub jego załączników w\nserwisie ALBICLA.\n6. \n Zmieniony regulamin wiąże Użytkownika, jeżeli zostały zachowane\n wymagania: Użytkownik został prawidłowo powiadomiony o\nzmianach i nie\nwypowiedział/rozwiązał umowy.\n7. \nZmiany regulaminu nie będą w żaden sposób naruszać praw nabytych\nprzez Użytkowników korzystających z ALBICLA przed dniem\nwejścia w życie zmian.\n8. \nW przypadku wątpliwości interpretacyjnych związanych z\npostanowieniami Regulaminu decyduje prawo polskie.\n© Albicla.com\nSłowo Niezależne Sp. z o.o. I\nInstrukcja I\nKontakt I\nPolityka Prywatności I\nRegulamin I\nReklama\nKORZYSTANIE Z SERWISU OZNACZA AKCEPTACJĘ REGULAMINU I POLITYKI PRYWATNOŚCI.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"LinkedIn","url":"https://www.linkedin.com/legal/user-agreement","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Indirectly public (previously public, delisted)","is_paid":"Optionally paid","date":"01.02.2022"},"document":{"title":"","text":"User\nAgreement\nEffective on February 1, 2022\nOur mission is to connect the world’s professionals to allow\nthem to be more productive and successful. Our services are\ndesigned to promote economic opportunity for our members\nby enabling you and millions of other professionals to meet,\nexchange ideas, learn, and find opportunities or employees,\nwork, and make decisions in a network of trusted relationships.\n\nTable of Contents:\n1. Introduction\n2. Obligations\n3. Rights and Limits\n4. Disclaimer and Limit of Liability\n5. Termination\n6. Governing Law and Dispute Resolution\n7. General Terms\n8. LinkedIn “Dos and Don’ts”\n9. Complaints Regarding Content\n10. How To Contact Us\n\nIntroduction\n1.1 Contract\nWhen you use our Services you agree to all of these terms.\nYour use of our Services is also subject to our Cookie Policy\nand our Privacy Policy, which covers how we collect, use,\nshare, and store your personal information.\nYou agree that by clicking “Join Now”, “Join LinkedIn”, “Sign Up” or\nsimilar, registering, accessing or using our services (described\nbelow), you are agreeing to enter into a legally binding contract with\nLinkedIn (even if you are using our Services on behalf of a company). If\nyou do not agree to this contract (“Contract” or “User Agreement”),\ndo not click “Join Now” (or similar) and do not access or otherwise use\nany of our Services. If you wish to terminate this contract, at any time\nyou can do so by closing your account and no longer accessing or\nusing our Services.\nServices\nThis Contract applies to LinkedIn.com, LinkedIn-branded apps,\nLinkedIn Learning and other LinkedIn-related sites, apps,\ncommunications and other services that state that they are offered\nunder this Contract (“Services”), including the offsite collection of data\nfor those Services, such as our ads and the “Apply with LinkedIn” and\n“Share with LinkedIn” plugins. Registered users of our Services are\n“Members” and unregistered users are “Visitors”.\n\nLinkedIn\nYou are entering into this Contract with LinkedIn (also referred to as\n“we” and “us”).\nWe use the term “Designated Countries” to refer to countries in the\nEuropean Union (EU), European Economic Area (EEA), and Switzerland.\nIf you reside in the “Designated Countries”, you are entering into this\nContract with LinkedIn Ireland Unlimited Company (“LinkedIn Ireland”)\nand LinkedIn Ireland will be the controller of your personal data\nprovided to, or collected by or for, or processed in connection with our\nServices.\nIf you reside outside of the “Designated Countries”, you are entering\ninto this Contract with LinkedIn Corporation (“LinkedIn Corp.”) and\nLinkedIn Corp. will be the controller of your personal data provided to,\nor collected by or for, or processed in connection with our Services.\nThis Contract applies to Members and Visitors.\nAs a Visitor or Member of our Services, the collection, use and sharing\nof your personal data is subject to this Privacy Policy (which includes\nour Cookie Policy and other documents referenced in this Privacy\nPolicy) and updates.\n\n1.2 Members and Visitors\nWhen you register and join the LinkedIn Services, you become a\nMember. If you have chosen not to register for our Services, you may\naccess certain features as a “Visitor.”\n1.3 Change\nWe may make changes to the Contract.\nWe may modify this Contract, our Privacy Policy and our Cookies Policy\nfrom time to time. If we make material changes to it, we will provide you\nnotice through our Services, or by other means, to provide you the\nopportunity to review the changes before they become effective. We\nagree that changes cannot be retroactive. If you object to any changes,\nyou may close your account. Your continued use of our Services after\nwe publish or send a notice about our changes to these terms means\nthat you are consenting to the updated terms as of their effective date.\n2. Obligations\n2.1 Service Eligibility\n\nHere are some promises that you make to us in this\nContract:\nYou’re eligible to enter into this Contract and you are at least\nour “Minimum Age.”\nThe Services are not for use by anyone under the age of 16.\nTo use the Services, you agree that: (1) you must be the \"Minimum\nAge\"(described below) or older; (2) you will only have one LinkedIn\naccount, which must be in your real name; and (3) you are not already\nrestricted by LinkedIn from using the Services. Creating an account\nwith false information is a violation of our terms, including accounts\nregistered on behalf of others or persons under the age of 16.\n“Minimum Age” means 16 years old. However, if law requires that you\nmust be older in order for LinkedIn to lawfully provide the Services to\nyou without parental consent (including using of your personal data)\nthen the Minimum Age is such older age.\n2.2 Your Account\nYou will keep your password a secret\n\nYou will not share an account with anyone else and will\nfollow our rules and the law.\nMembers are account holders. You agree to: (1) use a strong password\nand keep it confidential; (2) not transfer any part of your account (e.g.,\nconnections) and (3) follow the law and our list of Dos and Don’ts\nand Professional Community Policies. You are responsible for anything\nthat happens through your account unless you close it or report\nmisuse.\nAs between you and others (including your employer), your account\nbelongs to you. However, if the Services were purchased by another\nparty for you to use (e.g. Recruiter seat bought by your employer), the\nparty paying for such Service has the right to control access to and get\nreports on your use of such paid Service; however, they do not have\nrights to your personal account\n2.3 Payment\nYou’ll honor your payment obligations and you are okay with\nus storing your payment information. You understand that\nthere may be fees and taxes that are added to our prices.\nRefunds are subject to our policy.\n\nIf you buy any of our paid Services (“Premium Services”), you agree to\npay us the applicable fees and taxes and to additional terms specific to\nthe paid Services. Failure to pay these fees will result in the termination\nof your paid Services. Also, you agree that:\nYour purchase may be subject to foreign exchange fees or\ndifferences in prices based on location (e.g. exchange rates).\nWe may store and continue billing your payment method (e.g.\ncredit card) even after it has expired, to avoid interruptions in\nyour Services and to use to pay other Services you may buy.\nIf you purchase a subscription, your payment method\nautomatically will be charged at the start of each subscription\nperiod for the fees and taxes applicable to that period. To avoid\nfuture charges, cancel before the renewal date. Learn how\nto cancel or suspend your Premium Services.\nAll of your purchases of Services are subject to LinkedIn’s refund\npolicy.\nWe may calculate taxes payable by you based on the billing\ninformation that you provide us at the time of purchase.\nYou can get a copy of your invoice through your LinkedIn account\nsettings under “Purchase History”.\n2.4 Notices and Messages\n\nYou’re okay with us providing notices and messages to you\nthrough our websites, apps, and contact information. If your\ncontact information is out of date, you may miss out on\nimportant notices.\nYou agree that we will provide notices and messages to you in the\nfollowing ways: (1) within the Service, or (2) sent to the contact\ninformation you provided us (e.g., email, mobile number, physical\naddress). You agree to keep your contact information up to date.\nPlease review your settings to control and limit messages you receive\nfrom us.\n2.5 Sharing\nWhen you share information on our Services, others can see,\ncopy and use that information.\nOur Services allow messaging and sharing of information in many\nways, such as your profile, articles, group posts, links to news articles,\njob postings, messages and InMails. Information and content that you\nshare or post may be seen by other Members, Visitors or others\n(including off of the Services). Where we have made settings available,\nwe will honor the choices you make about who can see content or\ninformation (e.g., message content to your addressees, sharing content\nonly to LinkedIn connections, restricting your profile visibility from\nsearch engines, or opting not to notify others of your LinkedIn profile\nupdate). For job searching activities, we default to not notifying your\n\nconnections network or the public. So, if you apply for a job through our\nService or opt to signal that you are interested in a job, our default is to\nshare it only with the job poster.\nWe are not obligated to publish any information or content on our\nService and can remove it with or without notice.\nKey terms\nMinimum Age\nMembers who were below this new Minimum Age when they started\nusing the Services under a previous User Agreement which had\nallowed certain persons under 16 to use the Services, may continue to\nuse the Services. As of June 2017 persons under the age of 16 are not\neligible to use our Services.\n3. Rights and Limits\n3.1. Your License to LinkedIn\nYou own all of the content, feedback and personal\ninformation you provide to us, but you also grant us a non-\n\nexclusive license to it.\nWe’ll honor the choices you make about who gets to see\nyour information and content, including how it can be used\nfor ads.\nAs between you and LinkedIn, you own the content and information\nthat you submit or post to the Services, and you are only granting\nLinkedIn and our affiliates the following non-exclusive license:\nA worldwide, transferable and sublicensable right to use, copy, modify,\ndistribute, publish and process, information and content that you\nprovide through our Services and the services of others, without any\nfurther consent, notice and/or compensation to you or others. These\nrights are limited in the following ways:\n1. You can end this license for specific content by deleting such\ncontent from the Services, or generally by closing your account,\nexcept (a) to the extent you shared it with others as part of the\nService and they copied, re-shared it or stored it and (b) for the\nreasonable time it takes to remove from backup and other\nsystems.\n2. We will not include your content in advertisements for the\nproducts and services of third parties to others without your\nseparate consent (including sponsored content). However, we\nhave the right, without payment to you or others, to serve ads\nnear your content and information, and your social actions may\nbe visible and included with ads, as noted in the Privacy Policy. If\nyou use a Service feature, we may mention that with your name\n\nor photo to promote that feature within our Services, subject to\nyour settings.\n3. We will get your consent if we want to give others the right to\npublish your content beyond the Services. However, if you\nchoose to share your post as \"public, everyone or similar\", we\nwill enable a feature that allows other Members to embed that\npublic post onto third-party services, and we enable search\nengines to make that public content findable though their\nservices. Learn More\n4. While we may edit and make format changes to your content\n(such as translating or transcribing it, modifying the size, layout\nor file type or removing metadata), we will not modify the\nmeaning of your expression.\n5. Because you own your content and information and we only\nhave non-exclusive rights to it, you may choose to make it\navailable to others, including under the terms of a Creative\nCommons license.\nYou and LinkedIn agree that if content includes personal\ndata, it is subject to our Privacy Policy.\nYou and LinkedIn agree that we may access, store, process and use\nany information and personal data that you provide in accordance with,\nthe terms of the Privacy Policy and your choices (including settings).\nBy submitting suggestions or other feedback regarding our Services to\nLinkedIn, you agree that LinkedIn can use and share (but does not have\n\nto) such feedback for any purpose without compensation to you.\nYou promise to only provide information and content that\nyou have the right to share, and that your LinkedIn profile will\nbe truthful.\nYou agree to only provide content or information that does not violate\nthe law nor anyone’s rights (including intellectual property rights). You\nalso agree that your profile information will be truthful. LinkedIn may be\nrequired by law to remove certain information or content in certain\ncountries.\n3.2 Service Availability\nWe may change or end any Service or modify our prices\nprospectively.\nWe may change, suspend or discontinue any of our Services. We may\nalso modify our prices effective prospectively upon reasonable notice\nto the extent allowed under the law.\nWe don’t promise to store or keep showing any information and content\nthat you’ve posted. LinkedIn is not a storage service. You agree that we\nhave no obligation to store, maintain or provide you a copy of any\n\ncontent or information that you or others provide, except to the extent\nrequired by applicable law and as noted in our Privacy Policy.\n3 3 Other Content Sites and Apps\nYour use of others’ content and information posted on our\nServices, is at your own risk.\nOthers may offer their own products and services through\nour Services, and we aren’t responsible for those third-party\nactivities.\nBy using the Services, you may encounter content or information that\nmight be inaccurate, incomplete, delayed, misleading, illegal, offensive\nor otherwise harmful. LinkedIn generally does not review content\nprovided by our Members or others. You agree that we are not\nresponsible for others’ (including other Members’) content or\ninformation. We cannot always prevent this misuse of our Services, and\nyou agree that we are not responsible for any such misuse. You also\nacknowledge the risk that you or your organization may be mistakenly\nassociated with content about others when we let connections and\nfollowers know you or your organization were mentioned in the news.\nMembers have choices about this feature.\nLinkedIn may help connect Members offering their services (career\ncoaching, accounting, etc.) with Members seeking services. LinkedIn\ndoes not perform nor employs individuals to perform these services.\nYou must be at least 18 years of age to offer, perform or procure these\nservices. You acknowledge that LinkedIn does not supervise, direct,\n\ncontrol or monitor Members in the performance of these services and\nagree that (1) LinkedIn is not responsible for the offering, performance\nor procurement of these services, (2) LinkedIn does not endorse any\nparticular Member’s offered services, and (3) nothing shall create an\nemployment, agency, or joint venture relationship between LinkedIn\nand any Member offering services. If you are a Member offering\nservices, you represent and warrant that you have all the required\nlicenses and will provide services consistent with our Professional\nCommunity Policies.\nSimilarly, LinkedIn may help you register for and/or attend events\norganized by Members and connect with other Members who are\nattendees at such events. You agree that (1) LinkedIn is not responsible\nfor the conduct of any of the Members or other attendees at such\nevents, (2) LinkedIn does not endorse any particular event listed on our\nServices, (3) LinkedIn does not review and/or vet any of these events,\nand (4) that you will adhere to these terms and conditions that apply to\nsuch events.\n3.4 Limits\nWe have the right to limit how you connect and interact on\nour Services.\nLinkedIn reserves the right to limit your use of the Services, including\nthe number of your connections and your ability to contact other\nMembers. LinkedIn reserves the right to restrict, suspend, or terminate\nyour account if you breach this Contract or the law or are misusing the\n\nServices (e.g., violating any of the Dos and Don’ts or Professional\nCommunity Policies).\n3.5 Intellectual Property Rights\nWe’re providing you notice about our intellectual property\nrights.\nLinkedIn reserves all of its intellectual property rights in the Services.\nTrademarks and logos used in connection with the Services are the\ntrademarks of their respective owners. LinkedIn, and “in” logos and\nother LinkedIn trademarks, service marks, graphics and logos used for\nour Services are trademarks or registered trademarks of LinkedIn.\n3.6 Automated Processing\nWe use data and information about you to make relevant\nsuggestions to you and others.\nWe use the information and data that you provide and that we have\nabout Members to make recommendations for connections, content\nand features that may be useful to you. For example, we use data and\ninformation about you to recommend jobs to you and you to recruiters.\nKeeping your profile accurate and up to date helps us to make these\nrecommendations more accurate and relevant.\n\nKey Terms\nAffiliates\nAffiliates are companies controlling, controlled by or under common\ncontrol with us, including, for example, LinkedIn Ireland, LinkedIn\nCorporation, LinkedIn Singapore and Microsoft Corporation. \nSocial Action\ne.g. likes, comments, follows, share\n4. Disclaimer and Limit of\nLiability\n4.1 No Warranty\nThis is our disclaimer of legal liability for the quality, safety, or\nreliability of our Services.\nLINKEDIN AND ITS AFFILIATES MAKE NO REPRESENTATION OR\nWARRANTY ABOUT THE SERVICES, INCLUDING ANY\n\nREPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED\nOR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING\nCONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE”\nBASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE\nLAW, LINKEDIN AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR\nSTATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF\nTITLE, ACCURACY OF DATA, NON-INFRINGEMENT,\nMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.\n4.2 Exclusion of Liability\nThese are the limits of legal liability we may have to you.\nTO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS\nLINKEDIN HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT\nTHAT OVERRIDES THIS CONTRACT), LINKEDIN, INCLUDING ITS\nAFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS\nCONTRACT FOR LOST PROFITS OR LOST BUSINESS\nOPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY\nSTATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF,\nOR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY\nINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE\nDAMAGES.\nLINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN\nCONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT\nEXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO\nLINKEDIN FOR THE SERVICES DURING THE TERM OF THIS\nCONTRACT, IF ANY, OR (B) US $1000.\n\n4.3 Basis of the Bargain; Exclusions\nThe limitations of liability in this Section 4 are part of the basis of the\nbargain between you and LinkedIn and shall apply to all claims of\nliability (e.g., warranty, tort, negligence, contract and law) even if\nLinkedIn or its affiliates has been told of the possibility of any such\ndamage, and even if these remedies fail their essential purpose.\nThese limitations of liability do not apply to liability for death or personal\ninjury or for fraud, gross negligence or intentional misconduct, or in\ncases of negligence where a material obligation has been breached, a\nmaterial obligation being such which forms a prerequisite to our\ndelivery of services and on which you may reasonably rely, but only to\nthe extent that the damages were directly caused by the breach and\nwere foreseeable upon conclusion of this Contract and to the extent\nthat they are typical in the context of this Contract.\n5. Termination\nWe can each end this Contract, but some rights and\nobligations survive.\n\nBoth you and LinkedIn may terminate this Contract at any time with\nnotice to the other. On termination, you lose the right to access or use\nthe Services. The following shall survive termination:\nOur rights to use and disclose your feedback;\nMembers and/or Visitors’ rights to further re-share content and\ninformation you shared through the Services;\nSections 4, 6, 7, and 8.2 of this Contract;\nAny amounts owed by either party prior to termination remain\nowed after termination.\nYou can visit our Help Center to close your account.\n6. Governing Law and Dispute\nResolution\nIn the unlikely event we end up in a legal dispute, depending\non where you live, you and LinkedIn agree to resolve it in\nCalifornia courts using California law, Dublin, Ireland courts\nusing Irish law, or in your local courts using local law.\n\nIf you live in the Designated Countries, the laws of Ireland govern all\nclaims related to LinkedIn's provision of the Services, but this shall not\ndeprive you of the mandatory consumer protections under the law of\nthe country to which we direct your Services where you have habitual\nresidence. With respect to jurisdiction, you and LinkedIn agree to\nchoose the courts of the country to which we direct your Services\nwhere you have habitual residence for all disputes arising out of or\nrelating to this User Agreement, or in the alternative, you may choose\nthe responsible court in Ireland.\nFor others outside of Designated Countries, including those who live\noutside of the United States: You and LinkedIn agree that the laws of\nthe State of California, U.S.A., excluding its conflict of laws rules, shall\nexclusively govern any dispute relating to this Contract and/or the\nServices. You and LinkedIn both agree that all claims and disputes can\nbe litigated only in the federal or state courts in Santa Clara County,\nCalifornia, USA, and you and LinkedIn each agree to personal\njurisdiction in those courts\n7. General Terms\nHere are some important details about the Contract.\nIf a court with authority over this Contract finds any part of it\nunenforceable, you and we agree that the court should modify the\nterms to make that part enforceable while still achieving its intent. If the\n\ncourt cannot do that, you and we agree to ask the court to remove that\nunenforceable part and still enforce the rest of this Contract.\nThis Contract (including additional terms that may be provided by us\nwhen you engage with a feature of the Services) is the only agreement\nbetween us regarding the Services and supersedes all prior\nagreements for the Services.\nIf we don't act to enforce a breach of this Contract, that does not mean\nthat LinkedIn has waived its right to enforce this Contract. You may not\nassign or transfer this Contract (or your membership or use of\nServices) to anyone without our consent. However, you agree that\nLinkedIn may assign this Contract to its affiliates or a party that buys it\nwithout your consent. There are no third-party beneficiaries to this\nContract.\nYou agree that the only way to provide us legal notice is at the\naddresses provided in Section 10.\n8. LinkedIn “Dos and Don’ts”\nLinkedIn is a community of professionals. This list of “Dos\nand Don’ts” along with our Professional Community Policies\nlimit what you can and cannot do on our Services.\n8.1. Dos\n\nYou agree that you will:\n1. Comply with all applicable laws, including, without limitation,\nprivacy laws, intellectual property laws, anti-spam laws, export\ncontrol laws, tax laws, and regulatory requirements;\n2. Provide accurate information to us and keep it updated;\n3. Use your real name on your profile; and\n4. Use the Services in a professional manner.\n8.2. Don’ts\nYou agree that you will not:\n1. Create a false identity on LinkedIn, misrepresent your identity,\ncreate a Member profile for anyone other than yourself (a real\nperson), or use or attempt to use another’s account;\n2. Develop, support or use software, devices, scripts, robots or any\nother means or processes (including crawlers, browser plugins\nand add-ons or any other technology) to scrape the Services or\notherwise copy profiles and other data from the Services;\n3. Override any security feature or bypass or circumvent any\naccess controls or use limits of the Service (such as caps on\nkeyword searches or profile views);\n4. Copy, use, disclose or distribute any information obtained from\nthe Services, whether directly or through third parties (such as\n\nsearch engines), without the consent of LinkedIn;\n5. Disclose information that you do not have the consent to\ndisclose (such as confidential information of others (including\nyour employer));\n6. Violate the intellectual property rights of others, including\ncopyrights, patents, trademarks, trade secrets or other\nproprietary rights. For example, do not copy or distribute (except\nthrough the available sharing functionality) the posts or other\ncontent of others without their permission, which they may give\nby posting under a Creative Commons license;\n7. Violate the intellectual property or other rights of LinkedIn,\nincluding, without limitation, (i) copying or distributing our\nlearning videos or other materials or (ii) copying or distributing\nour technology, unless it is released under open source licenses;\n(iii) using the word “LinkedIn” or our logos in any business name,\nemail, or URL except as provided in the Brand Guidelines;\n8. Post anything that contains software viruses, worms, or any\nother harmful code;\n9. Reverse engineer, decompile, disassemble, decipher or\notherwise attempt to derive the source code for the Services or\nany related technology that is not open source;\n10. Imply or state that you are affiliated with or endorsed by\nLinkedIn without our express consent (e.g., representing\nyourself as an accredited LinkedIn trainer);\n11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the\nServices or related data or access to the same, without\nLinkedIn’s consent;\n\n12. Deep-link to our Services for any purpose other than to promote\nyour profile or a Group on our Services, without LinkedIn’s\nconsent;\n13. Use bots or other automated methods to access the Services,\nadd or download contacts, send or redirect messages;\n14. Monitor the Services’ availability, performance or functionality\nfor any competitive purpose;\n15. Engage in “framing,” “mirroring,” or otherwise simulating the\nappearance or function of the Services;\n16. Overlay or otherwise modify the Services or their appearance\n(such as by inserting elements into the Services or removing,\ncovering, or obscuring an advertisement included on the\nServices);\n17. Interfere with the operation of, or place an unreasonable load on,\nthe Services (e.g., spam, denial of service attack, viruses,\ngaming algorithms); and/or\n18. Violate the Professional Community Policies or any additional\nterms concerning a specific Service that are provided when you\nsign up for or start using such Service, and the Bing Maps\nterms where applicable.\n9. Complaints Regarding\nContent\n\nContact information for complaint about content provided by\nour Members.\nWe respect the intellectual property rights of others. We require that\ninformation posted by Members be accurate and not in violation of the\nintellectual property rights or other rights of third parties. We provide\na policy and process for complaints concerning content posted by our\nMembers.\n10. How To Contact Us\nOur Contact information. Our Help Center also provides\ninformation about our Services.\nFor general inquiries, you may contact us online. For legal notices or\nservice of process, you may write us at these addresses.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Meta","url":"https://en-gb.facebook.com/terms.php/","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Free","date":"20.12.2020"},"document":{"title":"","text":"Facebook Ireland Limited has changed its name to Meta Platforms Ireland Limited. We've updated our Terms\nof Service, Data Policy and Cookies Policy to reflect the new name on 4 January 2022. While our company\nname has changed, we are continuing to offer the same products, including the Facebook app from Meta. Our\nData Policy and Terms of Service remain in effect, and this name change does not affect how we use or share\ndata. Learn more about Meta and our vision for the metaverse.\nTerms of Service\nFor messaging, voice and video calling services included in Meta\nProducts, please click here for a contract summary and here for other\ninformation required by the European Electronic Communications\nCode.\nMeta builds technologies and services that enable people to connect with\neach other, build communities and grow businesses. These Terms govern\nyour use of Facebook, Messenger and the other products, features, apps,\nservices, technologies and software that we offer (the Meta\nProducts or Products), except where we expressly state that separate\nterms (and not these) apply. These Products are provided to you by Meta\nPlatforms Ireland Limited.\nWe don't charge you to use Facebook or the other products and services\ncovered by these Terms. Instead, businesses and organisations pay us to\nshow you ads for their products and services. By using our Products, you\nagree that we can show you ads that we think will be relevant to you and\nyour interests. We use your personal data to help determine which ads to\nshow you.\nWe don't sell your personal data to advertisers, and we don't share\ninformation that directly identifies you (such as your name, email address\nor other contact information) with advertisers unless you give us specific\npermission. Instead, advertisers can tell us things such as the kind of\n\nReturn to top\n1. The services we provide\nOur mission is to give people the power to build community and bring the world closer\ntogether. To help advance this mission, we provide the products and services described\nbelow to you:\nProvide a personalised experience for you:\nYour experience on Facebook is unlike anyone else's: from the posts,\nstories, events, ads and other content that you see in News Feed or our\nvideo platform to the Facebook Pages that you follow and other features\nyou might use, such as Trending, Facebook Marketplace and search.\nWe use the data that we have – for example, about the connections you\nmake, the choices and settings you select, and what you share and do\non and off our Products – to personalise your experience.\nConnect you with people and organisations that you care about:\nWe help you find and connect with people, groups, businesses,\norganisations and others that matter to you across the Meta Products\nyou use. We use the data we have to make suggestions for you and\nothers – for example, groups to join, events to attend, Facebook Pages\nto follow or send a message to, shows to watch and people you may\nwant to become friends with. Stronger ties make for better communities,\nand we believe that our services are most useful when people are\nconnected to people, groups and organisations that they care about.\naudience that they want to see their ads, and we show those ads to\npeople who may be interested. We provide advertisers with reports about\nthe performance of their ads that help them understand how people are\ninteracting with their content. See Section 2 below to learn more.\nOur Data Policy explains how we collect and use your personal data to\ndetermine some of the ads that you see and provide all of the other\nservices described below. You can also go to your settings at any time to\nreview the privacy choices that you have about how we use your data.\n\nEmpower you to express yourself and communicate about what\nmatters to you:\nThere are many ways to express yourself on Facebook and to\ncommunicate with friends, family and others about what matters to you\n– for example, sharing status updates, photos, videos and stories\nacross the Meta Products that you use, sending messages to a friend or\nseveral people, creating events or groups, or adding content to your\nprofile. We have also developed, and continue to explore, new ways for\npeople to use technology, such as augmented reality and 360 video to\ncreate and share more expressive and engaging content on Meta\nProducts.\nHelp you discover content, products and services that may interest\nyou:\nWe show you ads, offers and other sponsored content to help you\ndiscover content, products and services that are offered by the many\nbusinesses and organisations that use Facebook and other Meta\nProducts. Section 2 below explains this in more detail.\nCombat harmful conduct, and protect and support our community:\nPeople will only build community on Meta Products if they feel safe. We\nemploy dedicated teams around the world and develop advanced\ntechnical systems to detect misuse of our Products, harmful conduct\ntowards others and situations where we may be able to help support or\nprotect our community. If we learn of content or conduct like this, we will\ntake appropriate action – for example, offering help, removing content,\nblocking access to certain features, disabling an account or contacting\nlaw enforcement. We share data with other Meta Companies when we\ndetect misuse or harmful conduct by someone using one of our\nProducts.\n\nUse and develop advanced technologies to provide safe and\nfunctional services for everyone:\nWe use and develop advanced technologies such as artificial\nintelligence, machine learning systems and augmented reality so that\npeople can use our Products safely regardless of physical ability or\ngeographic location. For example, technology such as this helps people\nwho have visual impairments understand what or who is in photos or\nvideos shared on Facebook or Instagram. We also build sophisticated\nnetwork and communication technology to help more people connect to\nthe Internet in areas with limited access. And we develop automated\nsystems to improve our ability to detect and remove abusive and\ndangerous activity that may harm our community and the integrity of our\nProducts.\nResearch ways to make our services better:\nWe engage in research to develop, test and improve our Products. This\nincludes analysing the data we have about our users and understanding\nhow people use our Products, for example by conducting surveys and\ntesting and troubleshooting new features. Our Data Policy explains how\nwe use data to support this research for the purposes of developing and\nimproving our services.\nProvide consistent and seamless experiences across the Meta\nCompany Products:\nOur Products help you find and connect with people, groups,\nbusinesses, organisations and others that are important to you. We\ndesign our systems so that your experience is consistent and seamless\nacross the different Meta Company Products that you use. For example,\nwe use data about the people you engage with on Facebook to make it\neasier for you to connect with them on Instagram or Messenger, and we\nenable you to communicate with businesses that you follow on\nFacebook through Messenger.\nEnable global access to our services:\nTo operate our global service, we need to store and distribute content\nand data in our data centres and systems around the world, including\noutside your country of residence. This infrastructure may be operated\nor controlled by Meta Platforms, Inc., Meta Platforms Ireland Limited or\nits affiliates.\n\nReturn to top\n2. How our services are funded\nInstead of paying to use Facebook and the other products and services that we offer, by\nusing the Meta Products covered by these Terms you agree that we can show you ads that\nbusiness and organisations pay us to promote on and off the Meta Company Products. We\nuse your personal data, such as information about your activity and interests, to show you\nads that are more relevant to you.\nProtecting people's privacy is central to how we've designed our ad system. This means that\nwe can show you relevant and useful ads without telling advertisers who you are. We don't\nsell your personal data. We allow advertisers to tell us things such as their business goal,\nand the kind of audience that they want to see their ads (for example, people between the\nages of 18-35 who like cycling). We then show their ad to people who might be interested.\nWe also provide advertisers with reports about the performance of their ads to help them\nunderstand how people are interacting with their content on and off Meta Products. For\nexample, we provide general demographic and interest information for advertisers (for\nexample, that an ad was seen by a woman between the ages of 25 and 34 who lives in\nMadrid and likes software engineering) to help them better understand their audience. We\ndon't share information that directly identifies you (information such as your name or email\naddress that by itself can be used to contact you or identifies who you are) unless you give\nus specific permission. Learn more about how Meta ads work here.\nWe collect and use your personal data in order to provide the services described above for\nyou. You can learn about how we collect and use your data in our Data Policy. You have\ncontrols over the types of ads and advertisers you see, and the types of information we use\nto determine which ads we show you. Learn more.\nReturn to top\n3. Your commitments to Facebook and\nour community\nWe provide these services to you and others to help advance our mission. In exchange, we\nneed you to make the following commitments:\n\n1. Who can use Facebook\nWhen people stand behind their opinions and actions, our community is\nsafer and more accountable. For this reason, you must:\nuse the same name that you use in everyday life;\nprovide accurate information about yourself;\ncreate only one account (your own) and use your timeline for\npersonal purposes; and\nnot share your password, give access to your Facebook account\nto others or transfer your account to anyone else (without our\npermission).\nWe try to make Facebook broadly available to everyone, but you cannot\nuse Facebook if:\nYou are under 13 years old.\nYou are a convicted sex offender.\nWe've previously disabled your account for breaches of our\nTerms or Policies.\nYou are prohibited from receiving our products, services or\nsoftware under applicable laws.\n\n2. What you can share and do on Meta Products\nWe want people to use Meta Products to express themselves and to\nshare content that is important to them, but not at the expense of the\nsafety and well-being of others or the integrity of our community. You\ntherefore agree not to engage in the conduct described below (or to\nfacilitate or support others in doing so):\n1. You may not use our Products to do or share anything:\nThat breaches these Terms, our Community\nStandards and other terms and policies that apply to your\nuse of our Products.\nThat is unlawful, misleading, discriminatory or fraudulent.\nThat infringes or breaches someone else's rights, including\ntheir intellectual property rights.\n2. You may not upload viruses or malicious code, or do anything that\ncould disable, overburden or impair the proper working or\nappearance of our Products.\n3. You may not access or collect data from our Products using\nautomated means (without our prior permission) or attempt to\naccess data that you do not have permission to access.\nWe can remove or block content that is in breach of these provisions.\nIf we remove content that you have shared for breach of our Community\nStandards, we'll let you know and explain any options that you have to\nrequest another review, unless you seriously or repeatedly breach these\nTerms or if doing so may expose us or others to legal liability; harm our\ncommunity of users; compromise or interfere with the integrity or\noperation of any of our services, systems or Products; where we are\nrestricted due to technical limitations; or where we are prohibited from\ndoing so for legal reasons.\nTo help support our community, we encourage you to report content or\nconduct that you believe breaches your rights (including intellectual\nproperty rights) or our terms and policies.\nWe also can remove or restrict access to your content, services or\ninformation if we determine that doing so is reasonably necessary to\navoid or mitigate adverse legal or regulatory impacts to Facebook.\n3. The permissions you give us\nWe need certain permissions from you to provide our services:\n1 Permission to use content that you create and share: Some\n\n1. Permission to use content that you create and share: Some\ncontent that you share or upload, such as photos or videos, may\nbe protected by intellectual property laws.\nYou own the intellectual property rights (things such as copyright\nor trademarks) in any such content that you create and share on\nFacebook and other Meta Company Products you use. Nothing in\nthese Terms takes away the rights you have to your own content.\nYou are free to share your content with anyone else, wherever you\nwant.\nHowever, to provide our services, we need you to give us some\nlegal permissions (known as a ‘licence') to use this content. This is\nsolely for the purposes of providing and improving our Products\nand services as described in Section 1 above.\nSpecifically, when you share, post or upload content that is\ncovered by intellectual property rights on or in connection with our\nProducts, you grant us a non-exclusive, transferable, sub-\nlicensable, royalty-free and worldwide licence to host, use,\ndistribute, modify, run, copy, publicly perform or display, translate\nand create derivative works of your content (consistent with\nyour privacy and application settings). This means, for example,\nthat if you share a photo on Facebook, you give us permission to\nstore, copy and share it with others (again, consistent with your\nsettings) such as service providers that support our service or\nother Meta Products you use. This licence will end when your\ncontent is deleted from our systems.\nYou can delete content individually or all at once by deleting your\naccount. Learn more about how to delete your account. You\ncan download a copy of your data at any time before deleting your\naccount.\nWhen you delete content, it's no longer visible to other users;\nhowever, it may continue to exist elsewhere on our systems\nwhere:\nImmediate deletion is not possible due to technical\nlimitations (in which case, your content will be deleted\nwithin a maximum of 90 days from when you delete it);\nyour content has been used by others in accordance with\nthis licence and they have not deleted it (in which case, this\nlicence will continue to apply until that content is deleted);\nor\nWhere immediate deletion would restrict our ability to:\ninvestigate or identify illegal activity or breaches of\n\ninvestigate or identify illegal activity or breaches of\nour Terms and Policies (for example, to identify or\ninvestigate misuse of our Products or systems);\ncomply with a legal obligation, such as the\npreservation of evidence; or\ncomply with a request of a judicial or administrative\nauthority, law enforcement or a government agency;\nin which case, the content will be retained for no longer than is\nnecessary for the purposes for which it has been retained (the\nexact duration will vary on a case-by-case basis).\nIn each of the above cases, this licence will continue until the\ncontent has been fully deleted.\n2. Permission to use your name, profile picture and information about\nyour actions with ads and sponsored content: You give us\npermission to use your name and profile picture and information\nabout actions that you have taken on Facebook next to or in\nconnection with ads, offers and other sponsored content that we\ndisplay across our Products, without any compensation to you. For\nexample, we may show your friends that you are interested in an\nadvertised event or have liked a Facebook Page created by a\nbrand that has paid us to display its ads on Facebook. Ads like\nthis can be seen only by people who have your permission to see\nthe actions that you've taken on Meta Products. You can learn\nmore about your ad settings and preferences.\n3. Permission to update software that you use or download: If you\ndownload or use our software, you give us permission to\ndownload and install updates to the software where available.\n4. Limits on using our intellectual property\nIf you use content covered by intellectual property rights that we have\nand make available in our Products (for example, images, designs,\nvideos or sounds that we provide, which you add to content that you\ncreate or share on Facebook), we retain all rights to that content (but\nnot yours). You can only use our copyrights or trademarks (or any\nsimilar marks) as expressly permitted by our Brand Usage Guidelines or\nwith our prior written permission. You must obtain our written permission\n(or permission under an open-source licence) to modify, create\nderivative works of, decompile or otherwise attempt to extract source\ncode from us.\n\nReturn to top\n4. Additional provisions\n1. Updating our Terms\nWe work constantly to improve our services and develop new features\nto make our Products better for you and our community. As a result, we\nmay need to update these Terms from time to time to accurately reflect\nour services and practices. We will only make changes if the provisions\nare no longer appropriate or if they are incomplete, and only if the\nchanges are reasonable and take due account of your interests.\nWe will notify you (for example, by email or through our Products) at\nleast 30 days before we make changes to these Terms and give you an\nopportunity to review them before they go into effect, unless the\nchanges are required by law. Once any updated Terms are in effect, you\nwill be bound by them if you continue to use our Products.\nWe hope that you will continue using our Products, but if you do not\nagree to our updated Terms and no longer want to be a part of the Meta\ncommunity, you can delete your account at any time.\n\n2. Account suspension or termination\nWe want Facebook to be a place where people feel welcome and safe\nto express themselves and share their thoughts and ideas.\nIf we determine that you have clearly, seriously or repeatedly breached\nour Terms or Policies, including in particular our Community Standards,\nwe may suspend or permanently disable access to your account. We\nmay also suspend or disable your account if you repeatedly infringe\nother people's intellectual property rights or where we are required to do\nso for legal reasons.\nWhere we take such action, we'll let you know and explain any options\nyou have to request a review, unless doing so may expose us or others\nto legal liability; harm our community of users; compromise or interfere\nwith the integrity or operation of any of our services, systems or\nProducts; where we are restricted due to technical limitations; or where\nwe are prohibited from doing so for legal reasons.\nYou can learn more about what you can do if your account has been\ndisabled and how to contact us if you think that we have disabled your\naccount by mistake.\nIf you delete or we disable your account, these Terms shall terminate as\nan agreement between you and us, but the following provisions will\nremain in place: 3.3.1, 4.2-4.5.\n3. Limits on liability\nNothing in these Terms is intended to exclude or limit our liability for\ndeath, personal injury or fraudulent misrepresentation caused by our\nnegligence, or to affect your statutory rights.\nWe will exercise professional diligence in providing our Products and\nservices to you and in keeping a safe, secure and error-free\nenvironment. Provided that we have acted with professional diligence,\nwe do not accept responsibility for losses not caused by our breach of\nthese Terms or otherwise by our acts; losses that are not reasonably\nforeseeable by you and us at the time of entering into these Terms; and\nevents beyond our reasonable control.\n\n4. Disputes\nWe try to provide clear rules so that we can limit or hopefully avoid\ndisputes between you and us. If a dispute does arise, however, it's\nuseful to know upfront where it can be resolved and what laws will\napply.\nIf you are a consumer and habitually reside in a Member State of the\nEuropean Union, the laws of that Member State will apply to any claim,\ncause of action or dispute you have against us that arises out of or\nrelates to these Terms or the Meta Products (\"claim\"), and you may\nresolve your claim in any competent court in that Member State that has\njurisdiction over the claim. In all other cases, you agree that the claim\nmust be resolved in a competent court in the Republic of Ireland and\nthat Irish law will govern these Terms and any claim, without regard to\nconflict of law provisions.\n5. Other\n1. These Terms (formerly known as the Statement of Rights and\nResponsibilities) make up the entire agreement between you and\nMeta Platforms Ireland Limited regarding your use of our\nProducts. They supersede any prior agreements.\n2. Some of the Products that we offer are also governed by\nsupplemental Terms. If you use any of these Products, you will be\nprovided with an opportunity to agree to supplemental terms that\nwill become part of our agreement with you. For instance, if you\naccess or use our Products for commercial or business purposes,\nsuch as buying ads, selling products, developing apps, managing\na group or Page for your business, or using our measurement\nservices, you must agree to our Commercial Terms. If you post or\nshare content containing music, you must comply with our Music\nGuidelines. To the extent that any supplemental Terms conflict\nwith these Terms, the supplemental Terms shall govern to the\nextent of the conflict.\n3. If any portion of these Terms is found to be unenforceable, the\nremaining portion will remain in full force and effect. If we fail to\nenforce any of these Terms, it will not be considered a waiver. Any\namendment to or waiver of these Terms must be made in writing\nand signed by us.\n4. You will not transfer any of your rights or obligations under these\nTerms to anyone else without our consent.\n5. You may designate a person (called a legacy contact) to manage\nyour account if it is memorialised. Only your legacy contact or a\n\ny\ny y\ng\ny\nperson who you have identified in a valid will or similar document\nexpressing clear consent to disclose your content upon death or\nincapacity will be able to seek disclosure from your account after it\nis memorialised.\n6. These Terms do not confer any third-party beneficiary rights. All of\nour rights and obligations under these Terms are freely assignable\nby us in connection with a merger, acquisition or sale of assets, or\nby operation of law or otherwise.\n7. You should know that we may need to change the username for\nyour account in certain circumstances (for example, if someone\nelse claims the username and it appears unrelated to the name\nthat you use in everyday life). We will inform you in advance if we\nhave to do this and explain why.\n8. We always appreciate your feedback and other suggestions about\nour products and services. But you should know that we may use\nthem without any restriction or obligation to compensate you, and\nwe are under no obligation to keep them confidential.\nReturn to top\n5. Other Terms and Policies that may\napply to you\nCommunity Standards: These guidelines outline our standards regarding the content that\nyou post to Facebook and your activity on Facebook and other Meta Products.\nCommercial Terms: These Terms apply if you also access or use our Products for any\ncommercial or business purpose, including advertising, operating an app on our Platform,\nusing our measurement services, managing a group or a Page for a business, or selling\ngoods or services.\nAdvertising Policies: These policies specify what types of ad content are allowed by\npartners who advertise across the Meta Products.\nSelf-serve Ad Terms: These Terms apply when you use self-serve advertising interfaces\nto create, submit or deliver advertising or other commercial or sponsored activity or\ncontent.\n\nFacebook Pages, Groups and Events Policy: These guidelines apply if you create or\nadminister a Facebook Page, group or event, or if you use Facebook to communicate or\nadminister a promotion.\nMeta Platform Terms: These guidelines outline the Policies that apply to your use of our\nplatform (for example, for developers or operators of a platform application or website or if\nyou use social plugins).\nDeveloper Payment Terms: These Terms apply to developers of applications that use\nFacebook Payments.\nCommunity Payment Terms: These terms apply to payments made on or through Meta\nProducts.\nCommerce Policies: These guidelines outline the Policies that apply when you offer\nproducts and services for sale on Facebook.\nMeta brand resources: These guidelines outline the policies that apply to use of Meta\ntrademarks, logos and screenshots.\nMusic guidelines: These guidelines outline the policies that apply if you post or share\ncontent containing music on Meta Products.\nLive Policies: These policies apply to all content broadcast to Facebook Live.\nMessaging services terms relevant for EU, EEA and UK users: terms applicable to the\nmessaging, voice and video calling services included in Facebook Products are\nlisted here and here in accordance with EU rules.\nDate of last revision: 20 December 2020\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":0,"explanation":"Setting out in the ToS the main parameters used in the recommender system but not in a clear, accessible and easily comprehensible manner"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Pinterest","url":"https://policy.pinterest.com/en-gb/terms-of-service","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Free","date":"01.05.2018"},"document":{"title":"","text":"Thank you for using Pinterest!\nThese Terms of Service (\"Terms\") govern your access to and use of the\nPinterest website, apps, APIs and widgets (“Pinterest” or the “Service”).\nPlease read these Terms carefully, and contact us if you have any\nquestions. By accessing or using Pinterest, you agree to be bound by\nthese Terms, our Privacy Policy\nPrivacy Policy\nPrivacy Policy\nPrivacy Policy\nPrivacy Policy, our Cookies Policy\nCookies Policy\nCookies Policy\nCookies Policy\nCookies Policy and our Community\nCommunity\nCommunity\nCommunity\nCommunity\nGuidelines\nGuidelines\nGuidelines\nGuidelines\nGuidelines. \nMore simply put\nEvery company has its terms. These are ours.\n1. Our service\nPinterest helps you discover and do what you love. To do that, we show\nyou things we think will be relevant, interesting and personal to you based\non your onsite and offsite activity. To provide our Service, we need to be\nable to identify you and your interests. Some of the things we show you\nare promoted by advertisers. As part of our service, we try to ensure that\neven promoted content is relevant and interesting to you. You can identify\npromoted content because it will be clearly labelled.\nMore simply put\nPinterest helps you discover and do what you love. It’s customised to you.\nWe need to know what you like to make everything on Pinterest relevant\nto you.\n2. Using Pinterest\na. Who can use Pinterest\nYou can only use Pinterest if you can legally form a binding contract with\nPinterest, and only in compliance with these Terms and all applicable\nlaws. When you create your Pinterest account, you must provide us with\naccurate and complete information. You can’t use Pinterest if it would be\nprohibited by US sanctions. Any use or access by anyone under the age\nTerms of Service\n\nof 13 is not allowed. If you’re based in the EEA, you can only use Pinterest\nif you are over the age at which you can provide consent to data\nprocessing under the laws of your country. Using Pinterest may include\ndownloading software to your computer, phone, tablet or other device. You\nagree that we may automatically update that software, and these Terms\nwill apply to any updates.\nb. Our licence to you\nSubject to these Terms and our policies (including our Community\nCommunity\nCommunity\nCommunity\nCommunity\nGuidelines\nGuidelines\nGuidelines\nGuidelines\nGuidelines), we grant you a limited, non-exclusive, non-transferable and\nrevocable licence to use our Service.\nc. Commercial use of Pinterest\nIf you want to use Pinterest for commercial purposes, you must create a\nbusiness account and agree to our Business Terms of Service\nBusiness Terms of Service\nBusiness Terms of Service\nBusiness Terms of Service\nBusiness Terms of Service. If you do\nopen an account for a company, organisation or other entity, \"you\"\nincludes you and that entity, and you promise that you are authorised to\ngrant all permissions and licences provided in these Terms and bind the\nentity to these Terms, and that you agree to these Terms on the entity's\nbehalf.\nMore simply put\nYou cannot use Pinterest if you're under 13 (or older in some countries).\nAlso, if you are using Pinterest for work, you need to set up a business\naccount.\n3. Your content\na. Posting content\nPinterest allows you to post content, including photos, comments, links\nand other materials. Anything that you post or otherwise make available\non Pinterest is referred to as \"User Content\". You retain all rights in, and\nare solely responsible for, the User Content you post to Pinterest.\nMore simply put\nIf you post your content on Pinterest, it still belongs to you.\nb. How Pinterest and other users can use\nyour content\nYou grant Pinterest and our users a non-exclusive, royalty-free,\ntransferable, sublicensable, worldwide licence to use, store, display,\nreproduce, save, modify, create derivative works, perform and distribute\nyour User Content on Pinterest solely for the purposes of operating,\n\ndeveloping, providing and using Pinterest. Nothing in these Terms restricts\nother legal rights Pinterest may have to User Content, for example under\nother licences. We reserve the right to remove or modify User Content, or\nchange the way it’s used in Pinterest, for any reason. This includes User\nContent that we believe violates these Terms, our Community\nCommunity\nCommunity\nCommunity\nCommunity\nGuidelines\nGuidelines\nGuidelines\nGuidelines\nGuidelines or any other policies.\nMore simply put\nIf you post your content on Pinterest, we can show it to people and others\ncan save it. Don't post porn or spam or be rude to other people on\nPinterest. \nc. How long we keep your content for\nFollowing termination or deactivation of your account, or if you remove any\nUser Content from Pinterest, we may keep your User Content for a\nreasonable period of time for backup, archive or audit purposes. Pinterest\nand its users may retain and continue to use, store, display, reproduce,\nsave, modify, create derivative works, perform and distribute any of your\nUser Content that other users have stored or shared on Pinterest.\nMore simply put\nIf you choose to post content, you give us permission to use it to provide\nand improve Pinterest. Copies of content shared with others may remain\neven after you've deleted the content from your account.\n \nd. Feedback you provide\nWe value hearing from our users, and are always interested in learning\nabout ways we can make Pinterest better. If you choose to submit\ncomments, ideas or feedback, you agree that we are free to use them\nwithout any restriction or compensation to you. By accepting your\nsubmission, Pinterest doesn’t waive any rights to use similar or related\nfeedback previously known to Pinterest, or developed by its employees, or\nobtained from sources other than you.\nMore simply put\nWe can use your suggestions to make Pinterest better.\n4. Copyright Policy\nPinterest has adopted and implemented the Pinterest Copyright Policy in\naccordance with the Digital Millennium Copyright Act and other applicable\ncopyright laws. For more information, please read our Copyright Policy\nCopyright Policy\nCopyright Policy\nCopyright Policy\nCopyright Policy. \nMore simply put\nWe respect copyrights. You should too.\n\n5. Security\nWe care about the security of our users. While we work to protect the\nsecurity of your content and account, Pinterest can’t guarantee that\nunauthorised third parties won’t be able to defeat our security measures.\nWe ask that you keep your password secure. Please notify us immediately\nof any compromise or unauthorised use of your account.\nMore simply put\nYou can help us fight spammers by bearing these security tips\nthese security tips\nthese security tips\nthese security tips\nthese security tips in mind.\n6. Third-party links, sites and services\nPinterest may contain links to third-party websites, advertisers, services,\nspecial offers, or other events or activities that are not owned or controlled\nby Pinterest. We don’t endorse or assume any responsibility for any such\nthird-party sites, information, materials, products or services. If you access\nany third-party websites, services or content from Pinterest, you do so at\nyour own risk and you agree that Pinterest has no liability arising from\nyour use of or access to any third-party websites, services or content.\nMore simply put\nPinterest has links to content outside Pinterest. Most of that stuff is great,\nbut we're not responsible when it's not.\n7. Termination\nPinterest may terminate or suspend your right to access or use Pinterest\nfor any reason with appropriate notice. We may terminate or suspend your\naccess immediately and without notice if we have a good reason,\nincluding any violation of our Community Guidelines\nCommunity Guidelines\nCommunity Guidelines\nCommunity Guidelines\nCommunity Guidelines. Upon termination,\nyou will continue to be bound by Sections 3 and 8 of these Terms.\nMore simply put\nPinterest is provided to you free of charge. We reserve the right to refuse\nservice to anyone, but we will be reasonable about it.\n8. Indemnity\nIf you use Pinterest for commercial purposes (i.e. you are not a consumer)\nwithout agreeing to our Business Terms\nBusiness Terms\nBusiness Terms\nBusiness Terms\nBusiness Terms as required by Section 2(c) of\nthese Terms, you agree to indemnify and hold harmless Pinterest Inc,\nPinterest Europe Ltd, their affiliates and their respective officers, directors,\nemployees and agents from and against any claims, suits, proceedings,\n\ndisputes, demands, liabilities, damages, losses, costs and expenses,\nincluding, without limitation, reasonable legal and accounting fees\n(including costs of defence of claims, suits or proceedings brought by third\nparties), in any way related to your access to or use of our Service, your\nUser Content or your breach of any of these Terms.\nMore simply put\nIf we are sued because of something your business does on Pinterest,\nyou will have to pay our costs. Also, you should have created a business\naccount and agreed to our Business Terms\nBusiness Terms\nBusiness Terms\nBusiness Terms\nBusiness Terms in the first place.\n9. Disclaimers\nOur Service and all content on Pinterest is provided on an \"as is\" basis\nwithout warranty of any kind, whether express or implied.\nPinterest specifically disclaims any and all warranties and conditions of\nmerchantability, fitness for a particular purpose and non-infringement, and\nany warranties arising out of course of dealing or usage of trade.\nPinterest takes no responsibility and assumes no liability for any User\nContent that you or any other person or third party posts or sends using\nour Service. You understand and agree that you may be exposed to User\nContent that’s inaccurate, objectionable, inappropriate for children or\notherwise unsuited to your purpose.\nIf you're a consumer in the EEA, we don’t exclude or limit any liability for\ngross negligence, intent, or death or personal injury caused by our\nnegligence or willful misconduct. \n \nMore simply put\nUnfortunately, people post bad stuff on services like Pinterest. We take\nthat kind of thing seriously but you may still run into it before we have a\nchance to take it down. If you see bad stuff, please report it to us here\nhere\nhere\nhere\nhere. \n10. Limitation of liability\nTO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST SHALL\nNOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,\nCONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF\nPROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR\nINDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER\nINTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO,\nUSE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY\nCONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE,\nINCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE\nOR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR\n(C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR\n\nTRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PINTEREST'S\nAGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE\nSERVICE EXCEED ONE HUNDRED US DOLLARS (USD 100.00).\nIf we cause damage to you and you are a consumer in the EEA, the above\ndoes not apply. Instead, Pinterest’s liability will be limited to foreseeable\ndamages arising due to a breach of material contractual obligations typical\nfor this type of contract. Pinterest is not liable for damages that result from\na non-material breach of any other applicable duty of care. This limitation\nof liability will not apply to any statutory liability that cannot be limited, to\nliability for death or personal injury caused by our negligence or wilful\nmisconduct, or if and to exclude our responsibility for something we have\nspecifically promised to you.\n \nMore simply put\nWe are building the best service we can for you, but we can't promise it\nwill be perfect. We're not liable for various things. If you think we are, let's\ntry to work it out like adults.\n11. Arbitration\nFor any dispute you have with Pinterest, you agree to first contact us and\ntry to resolve the dispute with us informally. If we need to contact you, we\nwill do so using the email address on your Pinterest account. If Pinterest\nhas not been able to resolve the dispute with you informally, we each\nagree to resolve any claim, dispute or controversy (excluding claims for\ninjunctive or other equitable relief) arising out of or in connection with or\nrelating to these Terms through binding arbitration or (for qualifying claims)\nin a small claims court.\nArbitration is a more informal way to resolve our disagreements than a\nlawsuit in court. For instance, arbitration uses a neutral arbitrator instead\nof a judge or jury, involves more limited discovery and is subject to very\nlimited review by courts. Although the process is more informal, arbitrators\ncan award the same damages and relief that a court can award. You\nagree that, by agreeing to these Terms of Service, the US Federal\nArbitration Act governs the interpretation and enforcement of this\nprovision, and that you and Pinterest are each waiving the right to a trial\nby jury or to participate in a class action. The arbitrator has exclusive\nauthority to resolve any dispute relating to the interpretation, applicability\nor enforceability of this binding arbitration agreement. This arbitration\nprovision shall survive termination of this Agreement and the termination\nof your Pinterest account.\nAny arbitration will be administered by the American Arbitration\nAssociation (\"AAA\") under the Consumer Arbitration Rules then in effect\nfor the AAA, except as provided herein. You can find their forms\nat www.adr.org\nwww.adr.org\nwww.adr.org\nwww.adr.org\nwww.adr.org. Unless you and Pinterest agree otherwise, the arbitration\nwill be conducted in the county (or parish) where you reside. Each party\nwill be responsible for paying any AAA filing, administrative and arbitrator\nfees in accordance with AAA rules, except that Pinterest will pay for your\nreasonable filing, administrative and arbitrator fees if your claim for\n\ndamages does not exceed $75,000 and is non-frivolous (as measured by\nthe standards set forth in Federal Rule of Civil Procedure 11(b)). If your\nclaim is for $10,000 or less, we agree that you may choose whether the\narbitration will be conducted solely on the basis of documents submitted to\nthe arbitrator, or through a telephone hearing or in-person hearing as\nestablished by the AAA rules. If your claim exceeds $10,000, the right to a\nhearing will be determined by the AAA rules. Regardless of the manner in\nwhich the arbitration is conducted, the arbitrator shall issue a reasoned\nwritten decision explaining the essential findings and conclusions on which\nthe award is based, and any judgement on the award rendered by the\narbitrator may be entered in any court of competent jurisdiction. Nothing in\nthis Section shall prevent either party from seeking injunctive or other\nequitable relief from the courts, including for matters related to data\nsecurity, intellectual property or unauthorised access to the Service. ALL\nCLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL\nCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY\nPURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND,\nUNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT\nCONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE\nTHAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST\nARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO\nPARTICIPATE IN A CLASS ACTION.\nNOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-\nWAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent\nthat any claim, dispute or controversy regarding Pinterest or our Service is\nnot arbitrable under applicable laws or otherwise, you and Pinterest both\nagree that any claim or dispute regarding Pinterest will be resolved\nexclusively in accordance with Section 12 of these Terms.\nIf you are a consumer in the EEA, Section 11 does not apply to you. \n \n12. Governing law and jurisdiction\nThese Terms shall be governed by the laws of the State of California,\nwithout respect to its conflict of laws principles. If you are not a consumer\nin the EEA, the exclusive place of jurisdiction for all disputes arising from\nor in connection with this agreement is San Francisco County, California or\nthe United States District Court for the Northern District of California, and\nour dispute will be determined under California law.\nIf you are a consumer in the EEA, this will not deprive you of any\nprotection you have under the law of the country where you live and\naccess to the courts in that country. \n \nMore simply put\nThe Bay Area is beautiful at this time of year. It doesn't matter what time of\nyear it is – that is what is so great! Anyway, you will have to sue us here. \n\nIn the EEA, this applies if you're a merchant, but not if you're a consumer.\nIf you are a consumer in the EEA, you can sue us in your home courts.\n \n13. General terms\nNotification procedures and changes to these\nTerms\nWe reserve the right to determine the form and means of providing you\nwith notifications, and you agree to receive legal notices electronically if\nthat is what we decide. We may revise these Terms from time to time; the\nmost current version will always be posted on our website. If a revision, in\nour discretion, is material, we will notify you. By continuing to access or\nuse Pinterest once revisions have become effective, you agree to be\nbound by the new Terms. If you do not agree to the new Terms, please\nstop using Pinterest.\nMore simply put\nIf we are making a big change to the Terms, we will let you know. If you do\nnot like the new Terms, please stop using Pinterest.\nAssignment\nThese Terms, and any rights and licences granted hereunder, may not be\ntransferred or assigned by you, but may be assigned by Pinterest without\nrestriction. Any attempted transfer or assignment in violation hereof shall\nbe null and void.\nIf you’re a consumer in the EEA, either you or Pinterest may assign this\nagreement, and any rights and licences granted under it, to a third party. In\ncase of such an assignment by Pinterest, you are entitled to terminate the\nagreement with immediate effect by deactivating your account. Pinterest\nwill provide you with reasonable notice of any such assignment.\nEntire agreement/severability\nThese Terms, together with the Privacy Policy and any amendments and\nadditional agreements you may enter into with Pinterest, shall constitute\nthe entire agreement between you and Pinterest concerning the Service. If\nany provision of these Terms is deemed invalid, that provision will be\nlimited or eliminated to the minimum extent necessary, and the remaining\nprovisions of these Terms will remain in full force and effect.\nNo waiver\n\nNo waiver of any term of these Terms shall be deemed a further or\ncontinuing waiver of such term or any other term, and Pinterest's failure to\nassert any right or provision under these Terms shall not constitute a\nwaiver of such right or provision.\nParties\nIf you live in the United States, these Terms are a contract between you\nand Pinterest Inc., 651 Brannan Street, San Francisco, CA 94103, USA. If\nyou live outside the United States, these Terms are a contract between\nyou and Pinterest Europe Ltd., an Irish company with its registered office\nat Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.\nMore simply put\nWho you deal with depends on where you live.\nEffective 1 May 2018\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Quora","url":"https://www.quora.com/about/tos","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Free","date":"11.12.2020"},"document":{"title":"","text":"Terms of Service\nAn Introduction to Quora’s Terms of Service\nWelcome to Quora! Here is a quick summary of the highlights of our Terms of Service:\nWe are pleased that you want to join the Quora platform and encourage you to read the full Terms of\nService.\nQuora Terms of Service\nLast Updated: August 26, 2021\nWelcome to Quora! Quora is a platform to gain and share knowledge, empowering people to learn from\nothers and better understand the world.\nThese terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and\nQuora, Inc. (“Quora” “we” or “us”). It governs your use of the products and services we offer through\nour websites and applications (collectively the “Quora Platform”).\nPlease make sure to read it, because, by using the Quora Platform, you consent to these terms.\nOur mission is to share and grow the world’s knowledge. The Quora platform offers a\nplace to ask questions and connect with people who contribute unique insights and quality\nanswers. This empowers people to learn from each other and to better understand the world.\nYou own the content that you post; you also grant us and other users of the Quora platform\ncertain rights and license to use it. The details of these licenses are described in section 3(c)\nbelow.\nYou are responsible for the content that you post. This includes ensuring that you have the\nrights needed for you to post that content and that your content does not violate the legal\nrights of another party or any applicable laws.\nYou can repost a small portion of any answer or post posted on Quora elsewhere,\nprovided that you attribute such content back to the Quora platform and respect the rights of\nthe original poster, including any “not for reproduction” designation, and do not use\nautomated tools.\nWe do not endorse or verify content posted by users. Our content and materials are\nprovided to you “as is,” without any guarantees. You are solely responsible for your own use\nof the Quora platform. Posts from lawyers, doctors, and other professionals should not be\ntreated as a substitute for professional advice for your specific situation.\nYou agree to follow the rules of our platform. When you use the Quora platform, you also\nagree to our Terms of Service, acknowledge our\n, and agree to follow\nour\n,\n, and\n.\nPrivacy Policy\nAcceptable Use Policy Copyright Policy\nTrademark Policy\nWe offer tools for you to give feedback and report complaints. If you think someone has\nviolated your intellectual property rights, other laws, or Quora's policies, you can initiate a\nreport at the\nor by using our\n.\ncontact us portal\nin-product reporting tool\n1. The Mission of the Quora Platform\nQuora's mission is to share and grow the world’s knowledge. The Quora Platform is a\nplace to ask questions and connect with people who contribute unique insights and quality\nanswers. This empowers people to learn from each other and to better understand the world.\n2. Using the Quora Platform\n\na. Who Can Use It. Use of the Quora Platform by anyone under 13 years of age is\nprohibited. You represent that you are at least the age of majority in the jurisdiction\nwhere you live or, if you are not, your parent or legal guardian must consent to these\nTerms of Service and affirm that they accept this Agreement on your behalf and bear\nresponsibility for your use. If you are accepting these Terms of Service on behalf of\nsomeone else or an entity, you confirm that you have the legal authority to bind that\nperson or entity to this Agreement.\nb. Registration. When you set up a profile on the Quora Platform, you will be asked to\nprovide certain information about yourself. You agree to provide us accurate\ninformation when you create your account on the Quora Platform. We will treat\ninformation you provide as part of registration in accordance with our\n.\nYou should take care in maintaining the confidentiality of your password.\nPrivacy Policy\nc. Privacy Policy. Our privacy practices are set forth in our\n. Your use of\nthe Quora Platform is subject to our\n.\nPrivacy Policy\nPrivacy Policy\nd. Acceptable Use Policy. In your interaction with others on the Quora Platform, you\nagree to follow the\nat all times.\nAcceptable Use Policy\ne. Termination. You may close your account at any time by going to account settings\nand disabling your account. We may terminate or suspend your Quora account if you\nviolate any Quora policy or for any other reason.\nf. Changes to the Quora Platform. We are always trying to improve your experience on\nthe Quora Platform. We may need to add or change features and may do so without\nnotice to you.\ng. Feedback. We welcome your feedback and suggestions about how to improve the\nQuora Platform. Feel free to submit feedback at\n. By submitting\nfeedback, you agree to grant us the right, at our discretion, to use, disclose and\notherwise exploit the feedback, in whole or part, freely and without compensation to\nyou.\nquora.com/contact\n3. Your Content\na. Definition of Your Content. The Quora Platform enables you to add posts, texts,\nphotos, videos, links, and other files and information about yourself to share with\nothers. All material that you upload, publish or display to others via the Quora Platform\nwill be referred to collectively as “Your Content.” You acknowledge and agree that, as\npart of using the Quora Platform, Your Content may be viewed by the general public.\nb. Ownership. You, or your licensors, as applicable, retain ownership of the\ncopyright and other intellectual property in Your Content, subject to the non-\nexclusive rights granted below.\nc. License and Permission to Use Your Content.\ni. By submitting, posting, or displaying Your Content on the Quora Platform, you\ngrant Quora and its affiliated companies a nonexclusive, worldwide, royalty\nfree, fully paid up, transferable, sublicensable (through multiple tiers), license\nto use, copy, reproduce, process, adapt, modify, create derivative works from,\npublish, transmit, store, display and distribute, translate, communicate and\nmake available to the public, and otherwise use Your Content in connection\nwith the operation or use of the Quora Platform or the promotion, advertising\nor marketing of the Quora Platform or our business partners, in any and all\nmedia or distribution methods (now known or later developed), including via\nmeans of automated distribution, such as through an application programming\ninterface (also known as an “API”). You agree that this license includes the\nright for Quora to make Your Content available to other companies,\norganizations, business partners, or individuals who collaborate with Quora for\nthe syndication, broadcast, communication and making available to the public,\n\ndistribution or publication of Your Content on the Quora Platform or through\nother media or distribution methods. This license also includes the right for\nother users of the Quora Platform to use, copy, reproduce, adapt, modify,\ncreate derivative works from, publish, transmit, display, and distribute,\ntranslate, communicate and make available to the public Your Content, subject\nto our Terms of Service. Except as expressly provided in these Terms of\nService, this license will not confer the right for you to use automated\ntechnology to copy or post questions and answers or to aggregate questions\nand answers for the purpose of making derivative works. If you do not wish to\nallow your answers to be translated by other users, you can globally opt out of\ntranslation in your profile settings or you can designate certain answers not for\ntranslation.\nii. Once you post an answer to a question, you may edit or delete your answer at\nany time from public display on\n, except in the case of\nanonymously posted answers. However, we may not be able to control removal\nof the answer from display on syndicated channels or other previously\ndistributed methods outside of\n. Quora may remove\nsuspected spam from your answers. Once you post a question, it may be\nedited or deleted by other users or by Quora at any time. Any edits and\nchanges made by you may be visible to other users. The right for Quora to\ncopy, display, transmit, publish, perform, distribute, store, modify, and\notherwise use any question you post, and sublicense those rights to others, is\nperpetual and irrevocable, to the maximum extent permitted by law, except as\notherwise specified in this Agreement.\nhttps://www.quora.com\nhttps://www.quora.com\niii. You acknowledge and agree that Quora may preserve Your Content and may\nalso disclose Your Content and related information if required to do so by law\nor in the good faith belief that such preservation or disclosure is reasonably\nnecessary to: (a) comply with legal process, applicable laws or government\nrequests; (b) enforce these Terms of Service; (c) respond to claims that any of\nYour Content violates the rights of third parties; (d) detect, prevent, or\notherwise address fraud, security or technical issues; or (e) protect the rights,\nproperty, or personal safety of Quora, its users, or the public.\niv. You understand that we may modify, adapt, or create derivative works from\nYour Content in order to transmit, display or distribute it over computer\nnetworks, devices, service providers, and in various media. We also may\nremove or refuse to publish Your Content, in whole or part, at any time.\nv. You further give us the permission and authority to act as your nonexclusive\nagent to take enforcement action against any unauthorized use by third parties\nof any of Your Content outside of the Quora Platform or in violation of our\nTerms of Service.\nd. Your Responsibilities for Your Content. By posting Your Content on the Quora\nPlatform, you represent and warrant to us that: i) you have the ownership rights, or\nyou have obtained all necessary licenses or permissions to use Your Content and\ngrant us the rights to use Your Content as provided for under this Agreement, and ii)\nthat posting Your Content violates no intellectual property or personal right of others\nor any applicable law or regulation, including any laws or regulations requiring\ndisclosure that you have been compensated for Your Content. You accept full\nresponsibility for avoiding infringement of the intellectual property or personal rights\nof others or violation of laws and regulations in connection with Your Content. You are\nresponsible for ensuring that Your Content does not violate Quora’s\n,\n,\n, other published Quora policy, or any\napplicable law or regulation. You agree to pay all royalties, fees, and any other monies\nowed to any person by reason of Your Content.\nAcceptable Use\nPolicy Copyright Policy Trademark Policy\n4. Our Content and Materials\n\na. Definition of Our Content and Materials. All intellectual property in or related to the\nQuora Platform (specifically including, but not limited to our software, the Quora\nmarks, the Quora logo, but excluding Your Content) is the property of Quora, Inc., or\nits subsidiaries and affiliates, or content posted by other Quora users licensed to us\n(collectively “Our Content and Materials”).\nb. Data. All data Quora collects (“Data”) about use of the Quora Platform by you or\nothers is the property of Quora, Inc., its subsidiaries, and affiliates. For clarity, Data\ndoes not include Your Content and is separate from Our Content and Materials.\nc. Our License to You.\ni. We grant you a personal, limited, non-exclusive license to use and access Our\nContent and Materials and Data as made available to you on the Quora\nPlatform in connection with your use of the Quora Platform, subject to the\nterms and conditions of this Agreement.\nii. Quora gives you a worldwide, royalty-free, revocable, personal, non-\nassignable and non-exclusive license to re-post a small portion of any answer\nor post posted by other Quora users anywhere on the web, subject to these\nTerms and Conditions and provided that: (a) the content in question was\nadded to the Quora Platform after April 22, 2010; (b) the user who created the\ncontent has not explicitly marked the content as not for reproduction on the\nQuora Platform; (c) you do not modify the content; (d) you attribute Quora by\nname in readable text and with a human and machine-followable link (an HTML\n<a> anchor tag) linking back to the page displaying the original source of the\ncontent on\non every page that contains such content; (e)\nupon request, either by Quora or a user, you remove the user's name from\ncontent which the user has subsequently made anonymous; (f) upon request,\neither by Quora or by a user who contributed to the content, you make a\nreasonable effort to update a particular piece of content to the latest version\non the Quora Platform; and (g) upon request, either by Quora or by a user who\ncontributed to the content, you make a reasonable attempt to delete content\nthat has been deleted or marked as not for reproduction on the Quora\nPlatform; and (h) you do not use any automated tools to aggregate or create\nderivative works. In exercising these rights, you may not implicitly or explicitly\nassert any connection with, sponsorship or endorsement by Quora, or any\nQuora user, without separate, express prior written permission from us.\nhttps://quora.com\niii. We may terminate our license to you at any time for any reason. We have the\nright but not the obligation to refuse to distribute any content on the Quora\nPlatform or to remove content. Except for the rights and license granted in\nthese Terms of Service, we reserve all other rights and grant no other rights or\nlicenses, implied or otherwise.\nd. Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data\nmining tool, bulk downloading tool, wget utility, or similar data gathering or extraction\ntool, you may access the Quora Platform, subject to the following additional rules: i)\nyou must use a descriptive user agent header; ii) you must follow robots.txt at all\ntimes; iii) your access must not adversely affect any aspect of the Quora Platform’s\nfunctioning; and iv) you must make it clear how to contact you, either in your user\nagent string, or on your website if you have one. You represent and warrant that you\nwill not use any automated tools such as artificial intelligence or machine learning i) to\ncreate derivative works of Our Content and Materials; ii) to create any service\ncompetitive to the Quora Platform; or iii) for other commercial purposes except as\nexpressly permitted by these Terms of Service or the written consent of Quora.\ne. No Endorsement or Verification. Please note that the Quora Platform contains\naccess to third-party content, products and services, and it offers interactions with\nthird parties. Participation or availability on the Quora Platform does not amount to\n\nendorsement or verification by us. We make no warranties or representations about\nthe accuracy, completeness, or timeliness of any content posted on the Quora\nPlatform by anyone.\nf. Ownership. You acknowledge and agree that Our Content and Materials remain the\nproperty of Quora's users or Quora. The content, information and services made\navailable on the Quora Platform are protected by U.S. and international copyright,\ntrademark, and other laws, and you acknowledge that these rights are valid and\nenforceable.\n5. Integrated Service Provider. You may enable another online service provider, such as a\nsocial networking service (“Integrated Service Provider”), to be directly integrated into your\naccount on the Quora Platform. By enabling an integrated service, you are allowing us to pass\nto, and receive from, the Integrated Service Provider your log-in information and other user\ndata. For more information about Quora’s use, storage, and disclosure of information related\nto you and your use of integrated services within Quora, please see our\n. Note\nthat your use of any Integrated Service Provider and its own handling of your data and\ninformation is governed solely by their terms of use, privacy policies, and other policies.\nPrivacy Policy\n6. More About Certain Offerings on the Quora Platform\na. Digests. When you sign up for the Quora Platform, the service includes receipt of\ndigests of content that may be of interest to you. You can opt out of receipt of the\ndigests, and adjust other communication settings, by going to “Email and Notification”\nsettings in your account profile, as further described in our\n.\nPrivacy Policy\nb. Advertisements. The Quora Platform may include advertisements, which may be\ntargeted to content or information on the Quora Platform, queries made through the\nQuora Platform, or other information, in an effort to make them relevant to you. The\ntypes and extent of advertising by Quora are subject to change. In consideration for\nQuora granting you access to and use of the Quora Platform, you agree that Quora\nand its third-party providers and partners may place such advertising on the Quora\nPlatform. If you wish to become an advertiser, you will be required to enter into\nseparate and supplemental terms with us about providing advertising services on the\nQuora Platform.\nc. Spaces. Spaces is a feature that allows a user to curate content and form\ncommunities around shared interests and tastes.\nd. Subscriptions. Certain content in Spaces or from other areas of the Quora Platform\nmay be available only by subscription, subject to supplemental terms and conditions.\ne. Legal, Medical & Other Professional Contributors. Some users who post content\nare members of legal, medical, and other licensed professions (collectively,\n“Professional Contributors”). Content posted by Professional Contributors should not\nbe relied on as a substitute for advice from a professional that is appropriate for your\nspecific situation. Quora has provided certain disclaimer template language that\nProfessional Contributors may edit and incorporate in their answers. Ethics rules differ\nby state or location, and it is the responsibility of Professional Contributors to\ndetermine and provide disclaimers appropriate for their profession and the content\nprovided.\nf. Buttons, Links and Widgets. You have permission to use Quora's buttons, links, and\nwidgets, subject to these Terms of Service (including the disclaimers and limitations\nof liability) and provided that: (a) your use of such buttons, links and widgets link only\nto the Quora Platform; (b) you will not modify such buttons, links, or widgets or\nassociated code in any manner; (c) you will not use any such buttons, links, or widgets\nin any manner which implies or suggests that Quora endorses, sponsors, or\nrecommends the website on which such buttons, links and widgets are used; and (d)\nthe use of such buttons, links and widgets, and the website on which such buttons,\nlinks and widgets are used do not violate Quora’s\n.\nAcceptable Use Policy\n\ng. Web resources and third-party services. The Quora Platform may also offer you the\nopportunity to visit links to other websites or to engage with third-party products or\nservices. You assume all risk arising out of your use of such websites or resources.\nh. Services that Require Separate Agreement. Certain features or services may\nrequire that you enter into a separate and supplemental written agreement prior to\nuse.\n7. Reporting Violations of Your Intellectual Property Rights, Quora Policies, or Applicable\nLaws. We have a special process for reporting violations of your intellectual property rights or\nother violations of Quora policies or applicable laws.\na. Copyright Policy and Trademark Policy. We have adopted and implemented\na\nand\n. For more information, including detailed\ninformation about how to submit a request for takedown if you believe content on the\nQuora Platform infringes your intellectual property rights, please read our\nand\n. For your convenience, we provide you the\nfollowing\nand\n, which you should use, as applicable, for fastest processing.\nCopyright Policy\nTrademark Policy\nCopyright\nPolicy\nTrademark Policy\nCopyright Infringement Claim Form\nTrademark Infringement Claim\nForm\nb. Reports of Other Violations. If you believe content on the Quora Platform violates\nQuora’s\nor otherwise violates applicable law (apart from\ncopyright or trademark violations) or other Quora policies, you may submit the\nfollowing\n.\nWe have no obligation to delete content that you personally may find objectionable or\noffensive. We endeavor to respond promptly to requests for content removal,\nconsistent with our policies and applicable law.\nAcceptable Use Policy\nOther Infringement Claim Form\n8. DISCLAIMERS AND LIMITATION OF LIABILITY\nPLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF QUORA\nENTITIES TO YOU.\n“QUORA ENTITIES” MEANS QUORA, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED\nCOMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS,\nEMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION\nBELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.\na. WE ARE PROVIDING YOU THE QUORA PLATFORM, ALONG WITH OUR CONTENT\nAND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS\nIS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR\nIMPLIED. WITHOUT LIMITING THE FOREGOING, QUORA ENTITIES EXPRESSLY\nDISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,\nTITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE\nSERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-\nINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR\nTRADE USAGE.\nb. QUORA MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL\nLIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY\nTHIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE\nLISTED ON OR ACCESSIBLE TO YOU THROUGH THE QUORA PLATFORM, INCLUDING\nAN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE\nQUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION\nWITH YOUR USE OF THE QUORA PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE\nOR ALTERATION OF YOUR CONTENT. QUORA MAKES NO WARRANTY THAT: (a) THE\nQUORA PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE QUORA PLATFORM\n\nWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR\nINFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE QUORA PLATFORM,\nA PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR\nRELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR\nOTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE QUORA\nPLATFORM WILL BE SATISFACTORY.\nc. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUORA\nENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.\nWITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT\nPERMITTED BY LAW, QUORA ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY\nINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES,\nLOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF\nDATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES\nOR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY\nCONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE QUORA PLATFORM.\nd. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE QUORA PLATFORM IS TO\nSTOP USING THE QUORA PLATFORM.\ne. WITHOUT LIMITING THE FOREGOING, QUORA’S MAXIMUM AGGREGATE LIABILITY\nTO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE\nQUORA PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO\nQUORA IN CONNECTION WITH THE QUORA PLATFORM IN THE TWELVE (12)\nMONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.\nf. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR\nEXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE\nABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN\nPART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A\nRESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY\nRESIDENT ARE THE RESULT OF QUORA’S NEGLIGENT, FRAUDULENT, RECKLESS, OR\nINTENTIONAL MISCONDUCT.\n9. Indemnification\nYou agree to release, indemnify, and defend Quora Entities from all third-party claims and\ncosts (including reasonable attorneys’ fees) arising out of or related to: i) your use of the\nQuora Platform, ii) Your Content, iii) your conduct or interactions with other users of the\nQuora Platform, or iv) your breach of any part of this Agreement. We will promptly notify you\nof any such claim and will provide you (at your expense) with reasonable assistance in\ndefending the claim. You will allow us to participate in the defense and will not settle any such\nclaim without our prior written consent. We reserve the right, at our own expense, to assume\nthe exclusive defense of any matter otherwise subject to indemnification by you. In that event,\nyou will have no further obligation to defend us in that matter.\n10. Dispute Resolution\nThis Agreement and any action arising out of your use of the Quora Platform will be governed\nby the laws of the State of California without regard to or application of its conflict of law\nprovisions or your state or country of residence. Unless submitted to arbitration as set forth in\nthe following paragraph, all claims, legal proceedings or litigation arising in connection with\nyour use of the Quora Platform will be brought solely in Santa Clara County, California, and\nyou consent to the jurisdiction of and venue in such courts and waive any objection as to\ninconvenient forum.\nFor any claim (excluding claims for injunctive or other equitable relief) under this Agreement\nwhere the total amount of the award sought is less than $10,000 USD, the party requesting\nrelief may elect to resolve the dispute through binding non-appearance-based arbitration.\nThe party electing such arbitration will initiate the arbitration through an established\n\nalternative dispute resolution (\"ADR\") provider mutually agreed upon by the parties. The ADR\nprovider and the parties must comply with the following rules: a) the arbitration shall be\nconducted by telephone, online and/or be solely based on written submissions, as selected\nby the party initiating the arbitration; b) the arbitration will not involve any personal\nappearance by the parties or witnesses unless otherwise mutually agreed by the parties; and\nc) any judgment on the award rendered by the arbitrator may be entered in any court of\ncompetent jurisdiction.\n11. General Terms\na. Changes to these Terms of Service. We may amend this Agreement (including any\npolicies, such as the\n,\n,\n,\nand\nthat are incorporated into this Agreement) at any time, in our\nsole discretion. If we amend material terms to this Agreement, such amendment will\nbe effective after we send you notice of the amended agreement. Such notice will be\nin our sole discretion, and the manner of notification could include, for example, via\nemail, posted notice on the Quora Platform, or other manner. You can view the\nAgreement and our main policies at any time\n. Your failure to cancel your\naccount, or cease use of the Quora Platform, after receiving notification of the\namendment, will constitute your acceptance of the amended terms. If you do not\nagree to the amendments or to any of the terms in this Agreement, your only remedy\nis to cancel your account or to cease use of the Quora Platform.\nPrivacy Policy Acceptable Use Policy Copyright Policy\nTrademark Policy\nhere\nb. Governing Law and Jurisdiction. You agree that Quora is operated in the United\nStates and will be deemed to be solely based in California and a passive service for\npurposes of jurisdictional analysis. For any claims for which arbitration is inapplicable,\nyou agree that such claims will be brought in federal or state court in Santa Clara\nCounty, California and governed by laws of the state of California and federal law,\nwithout regard to any conflict of law provisions.\nc. Use Outside of the United States. Quora expressly disclaims any representation or\nwarranty that the Quora Platform complies with all applicable laws and regulations\noutside of the United States. If you use the Quora Platform outside of the United\nStates, you expressly understand and agree that you are responsible for determining\ncompliance with different laws, regulations, or customs that may apply in connection\nwith your use of the Quora Platform.\nd. Export. The Quora Platform is controlled and operated from our United States offices\nin California. Quora software is subject to United States export controls. No software\nfor Quora may be downloaded or otherwise exported or re-exported in violation of any\napplicable laws or regulations. You represent that you are not (1) located in a country\nthat is subject to a U.S. government embargo, or that has been designated by the U.S.\ngovernment as a “terrorist supporting” country, and (2) listed on any U.S. government\nlist of prohibited or restricted parties.\ne. Applications and Mobile Devices. If you access the Quora Platform through a Quora\napplication, you acknowledge that this Agreement is between you and Quora only, and\nnot with another application service provider or application platform provider (such as\nApple Inc. or Google Inc.), which may provide you the application subject to its own\nterms. To the extent you access the Quora Platform through a mobile device, your\nwireless carrier’s standard charges, data rates, and other fees may apply.\nf. Survival. The following provisions will survive expiration or termination of this\nAgreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content),\nSection 4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and\nLimitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution),\nand Section 11 (General Terms).\ng. Notice for California Users. Under California Civil Code Section 1789.3, California\nweb users are entitled to the following specific consumer rights notice: The Quora\n\nPlatform is provided by Quora, Inc., located in Mountain View, California. If you have a\nquestion or complaint regarding the Quora Platform, please contact Quora\nat\n. California residents may reach the Department of Consumer\nAffairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202,\nSacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210\nor Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.\[email protected]\nh. Government End Users. Any Quora software and related documentation are\n“Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of\n“Commercial Computer Software” and “Commercial Computer Software\nDocumentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202\n(as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through\n227.7202-4 (as applicable), the Commercial Computer Software and Commercial\nComputer Software Documentation are being licensed to U.S. government end users:\n(i) only as Commercial Items; and (ii) with only those rights as are granted to all other\nend users pursuant to this Agreement.\ni. Assignment. You may not assign or transfer this Agreement (or any of your rights or\nobligations under this Agreement) without our prior written consent; any attempted\nassignment or transfer without complying with the foregoing will be void. We may\nfreely assign or transfer this Agreement. This Agreement inures to the benefit of and is\nbinding upon the parties and their respective legal representatives, successors, and\nassigns.\nj. Electronic Communications. You consent to receive communications from us by\nemail in accordance with this Agreement and applicable law. You acknowledge and\nagree that all agreements, notices, disclosures and other communications that we\nprovide to you electronically will satisfy any legal requirement that such\ncommunications be in writing.\nk. Entire Agreement/ Severability. This Agreement supersedes all prior terms,\nagreements, discussions and writings regarding the Quora Platform and constitutes\nthe entire agreement between you and us regarding the Quora Platform (except as to\nservices that require separate written agreement with us, in addition to this\nAgreement). If any provision in this Agreement is found to be unenforceable, then that\nprovision will not affect the enforceability of the remaining provisions of the\nAgreement, which will remain in full force and effect.\nl. Interpretation. In construing or interpreting the terms of this Agreement: (i) the\nheadings in this Agreement are for convenience only, and are not to be considered,\nand (ii) no presumption is to operate in either party’s favor as a result of its counsel’s\nrole in drafting this Agreement.\nm. Notices. All notices permitted or required under this Agreement, unless specified\notherwise in this Agreement, must be sent in writing as follows in order to be valid: (i)\nif to you, by us via email to the address associated with your account, and (ii) if to us,\nby you via legal@\n. Notices will be deemed given (a) if to you, when\nemailed, and (b) if to us, on receipt by us.\nquora.com\nn. Relationship. This Agreement does not create a joint venture, agency, partnership, or\nother form of joint enterprise between you and us. Except as expressly provided\nherein, neither party has the right, power, or authority to create any obligation or duty,\nexpress or implied, on behalf of the other.\no. Waiver. No waiver of any terms will be deemed a further or continuing waiver of such\nterm or any other term. Our failure to assert a right or provision under this Agreement\nwill not constitute a waiver of such right or provision.\np. Further Assurances. You agree to execute a hard copy of this Agreement and any\nother documents, and to take any actions at our expense that we may request to\n\nconfirm and effect the intent of this Agreement and any of your rights or obligations\nunder this Agreement.\nq. Contact. Feel free to contact us through\nwith any questions about\nthese terms. Quora is a Delaware corporation, located at 605 Castro Street, Mountain\nView, CA 94041.\nquora.com/contact\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Reddit","url":"https://www.redditinc.com/policies/user-agreement#EEA","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"12.09.2021"},"document":{"title":"","text":"1. Your Access to the Services\n2. Privacy\n3. Your Use of the Services\nReddit User Agreement if you live in the EEA, United\nKingdom, or Switzerland\nHello, redditors and people of the Internet! This Reddit User Agreement (“Terms”) applies to your access to\nand use of the websites, mobile apps, widgets, APIs, emails, and other online products and services\n(collectively, the “Services”) provided by Reddit, Inc. (“Reddit,” “we,” “us,” or “our”).\nRemember Reddit is for fun and is intended to be a place for your entertainment, but we still need some basic\nrules. In order to use the Services, you must have accepted these Terms, which are: (a) presented to you\nwhen you create an Account; and (b) available at all times when you access the Services. If you don’t accept\nthem, you may not access or use our Services.\nNo one under 13 is allowed to use or access the Services. We may offer additional Services that require you\nto be older to use them, so please read all notices and any Additional Terms carefully when you access the\nServices.\nBy using the Services, you state that:\nYou are at least 13 years old and over the minimum age required by the laws of your country of\nresidence to access and use the Services;\nYou can form a binding contract with Reddit, or, if you are over 13 but under the age of majority in your\njurisdiction, that your legal guardian has reviewed and agrees to these Terms;\nYou are not barred from using the Services under all applicable laws; and\nYou have not been permanently suspended or removed from the Services.\nIf you are accepting these Terms on behalf of another legal entity, including a business or government entity,\nyou represent that you have full legal authority to bind such entity to these Terms.\nReddit’s Privacy Policy explains how and why we collect, use, and share information about you when you\naccess or use our Services. You understand that through your use of the Services, you consent to the\ncollection and use of this information as set forth in the Privacy Policy.\nSubject to your complete and ongoing compliance with these Terms, Reddit grants you a personal, non-\ntransferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application\nassociated with the Services that is obtained from a legitimate marketplace on a mobile device owned or\ncontrolled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by\nthese Terms.\nExcept and solely to the extent such a restriction is impermissible under applicable law, you may not, without\nour written agreement:\nlicense, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;\nmodify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the\nServices or Content; or\naccess the Services or Content in order to build a similar or competitive website, product, or service,\nexcept as permitted under the Reddit API Terms of Use.\nWe do not guarantee that the Services will always be available or uninterrupted. We are always improving our\nServices. This means we may add or remove features, products, or functionalities; we will try to notify you\nbeforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the\nServices (in whole or in part) at any time, with or without notice to you. Any future release, update, or other\n\n4. Your Reddit Account and Account Security\n5. Your Content\n6. Third-Party Content, Advertisements, and Promotions\naddition to functionality of the Services will be subject to these Terms, which may be updated from time to\ntime. You agree that we will not be liable to you or to any third party for any modification, suspension, or\ndiscontinuation of the Services or any part thereof.\nTo use certain features of our Services, you may be required to create a Reddit account (an “Account”) and\nprovide us with a username, password, and certain other information about yourself as set forth in the Privacy\nPolicy.\nYou are solely responsible for the information associated with your Account and anything that happens related\nto your Account. You must maintain the security of your Account and immediately notify Reddit if you discover\nor suspect that someone has accessed your Account without your permission. We recommend that you use a\nstrong password that is used only with your Account and enable two-factor authentication.\nYou will not license, sell, or transfer your Account without our prior written approval.\nThe Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials\n(“Content”), including Content created with or submitted to the Services by you or through your Account\n(“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or\nguarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.\nBy submitting Your Content to the Services, you represent and warrant that you have all rights, power, and\nauthority necessary to grant the rights to Your Content contained within these Terms. Because you alone are\nresponsible for Your Content, you may expose yourself to liability if you post or share Content without all\nnecessary rights.\nYou retain any ownership rights you have in Your Content, but you grant Reddit the following license to use\nthat Content:\nWhen Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free,\nperpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt,\nprepare derivative works of, distribute, store, perform, and display Your Content and any name, username,\nvoice, or likeness provided in connection with Your Content in all media formats and channels now known or\nlater developed anywhere in the world. This license includes the right for us to make Your Content available\nfor syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who\npartner with Reddit. You also agree that we may remove metadata associated with Your Content, and you\nirrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.\nAny ideas, suggestions, and feedback about Reddit or our Services that you provide to us are entirely\nvoluntary, and you agree that Reddit may use such ideas, suggestions, and feedback without compensation\nor obligation to you.\nAlthough we reserve the right to review, screen, edit, or monitor Your Content, we do not necessarily review all\nof it at the time it’s submitted to the Services. However, we may, in our sole discretion, delete or remove Your\nContent at any time and for any reason, including for violating these Terms, violating our Content Policy, or if\nyou otherwise create or are likely to create liability for us.\nThe Services may contain links to third-party websites, products, or services, which may be posted by\nadvertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not\nunder our control, and we are not responsible for any third party’s websites, products, or services. Your use of\nThird-Party Content is at your own risk, and you should make any investigation you feel necessary before\nproceeding with any transaction in connection with such Third-Party Content.\nThe Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and\ntargeting of advertisements are subject to change, and you acknowledge and agree that we may place\nadvertisements in connection with the display of any Content or information on the Services, including Your\n\n7. Things You Cannot Do\n8. Moderators\nContent.\nIf you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”),\nyou alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations,\nincluding but not limited to creating official rules, offer terms, eligibility requirements, and compliance with\napplicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds,\nand regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or\nassociated with Reddit, and the rules for your Promotion must require each entrant or participant to release\nReddit from any liability related to the Promotion. You acknowledge and agree that we will not assist you in\nany way with your promotion, and you agree to conduct your Promotion at your own risk.\nWhen using or accessing Reddit, you must comply with these Terms and all applicable laws, rules, and\nregulations. Please review the Content Policy (and, where applicable, the Broadcasting Content Policy), which\nare incorporated by this reference into, and made a part of, these Terms and contain Reddit’s rules about\nprohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of\nthe following:\nUse the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise\nimpair the Services;\nGain access to (or attempt to gain access to) another user’s Account or any non-public portions of the\nServices, including the computer systems or networks connected to or used together with the Services;\nUpload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other\nsoftware intended to interfere with the Services, including its security-related features;\nUse the Services to violate applicable law or infringe any person’s or entity's intellectual property rights\nor any other proprietary rights;\nAccess, search, or collect data from the Services by any means (automated or otherwise) except as\npermitted in these Terms or in a separate agreement with Reddit (we conditionally grant permission to\ncrawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the\nServices without Reddit’s prior consent is prohibited); or\nUse the Services in any manner that we reasonably believe to be an abuse of or fraud on Reddit or any\npayment system.\nWe encourage you to report content or conduct that you believe violates these Terms or our Content Policy.\nWe also support the responsible reporting of security vulnerabilities. To report a security issue, please\nemail [email protected].\nModerating a subreddit is an unofficial, voluntary position that may be available to users of the Services. We\nare not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability\nto moderate at any time and for any reason or no reason, including for a breach of these Terms.\nIf you choose to moderate a subreddit:\nYou agree to follow the Moderator Guidelines for Healthy Communities;\nYou agree that when you receive reports related to a subreddit you moderate, you will take appropriate\naction, which may include removing content that violates policy and/or promptly escalating to Reddit for\nreview;\nYou are not, and may not represent that you are, authorized to act on behalf of Reddit;\nYou may not enter into any agreement with a third party on behalf of Reddit, or any subreddits that you\nmoderate, without our written approval;\nYou may not perform moderation actions in return for any form of compensation, consideration, gift, or\nfavor from third parties;\nIf you have access to non-public information as a result of moderating a subreddit, you will use such\ninformation only in connection with your performance as a moderator; and\nYou may create and enforce rules for the subreddits you moderate, provided that such rules do not\nconflict with these Terms, the Content Policy, or the Moderator Guidelines for Healthy Communities.\n\n9. Copyright, Trademark, the DMCA, and Takedowns\n10. Paid Services and Payment Information\n11. Intellectual Property\n12. Indemnity\nReddit reserves the right, but has no obligation, to overturn any action or decision of a moderator if Reddit, in\nits sole discretion, believes that such action or decision is not in the interest of Reddit or the Reddit\ncommunity.\nReddit respects the intellectual property of others and requires that users of our Services do the same. We\nhave a policy that includes the removal of any infringing material from the Services and for the termination, in\nappropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on\nour Services infringes a copyright or a trademark that you own or control, you may notify Reddit’s Designated\nAgent by filling out our Copyright Report Form or Trademark Report Form, or by contacting:\nCopyright Agent\nReddit, Inc.\n1455 Market Street, Suite 1600\nSan Francisco, CA 94103\[email protected]\nAlso, please note that if you knowingly misrepresent that any activity or material on our Service is infringing,\nyou may be liable to Reddit for certain costs and damages.\nIf we remove Your Content in response to a copyright or trademark notice, we will notify you via Reddit’s\nprivate messaging system. If you believe Your Content was wrongly removed due to a mistake or\nmisidentification in a copyright notice, you can send a counter notification via our Copyright Counter Notice\nForm or to our Copyright Agent (contact information provided above). Please see 17 U.S.C. § 512(g)(3) for\nthe requirements of a proper counter notification.\nThere are no fees for the use of many aspects of the Services. However, some services, including Reddit\nPremium, and Virtual Goods, may be available for purchase (“Paid Services”). In addition to these Terms, by\npurchasing or using Reddit Premium or our Virtual Goods, you further agree to the Reddit Premium and\nVirtual Goods Agreement.\nReddit may change the fees or benefits associated with the Paid Services from time to time with reasonable\nadvance notice of material changes; provided, however, that no advance notice will be required for temporary\npromotions, including temporary reductions in the fees associated with the Paid Services. Notwithstanding the\nforegoing, any price changes or changes to your subscription plans will apply no earlier than 30 days following\nnotice to you.\nYou may submit your debit card, credit card, or other payment information (“Payment Information”) via our\nServices to purchase the Paid Services. We use third-party service providers to process your Payment\nInformation. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us\npermission to charge you when payment is due for an amount that includes these costs and any applicable\ntaxes and fees.\nThe Services are owned and operated by Reddit. The visual interfaces, graphics, design, compilation,\ninformation, data, computer code, products, services, trademarks, and all other elements of the Services\n(“Materials”) provided by Reddit are protected by intellectual property and other laws. All Materials included in\nthe Services are the property of Reddit or its third-party licensors. You acknowledge and agree that you shall\nnot acquire any ownership rights whatsoever by downloading Materials or by purchasing Reddit Premium or\nVirtual Goods. Except as expressly authorized by Reddit, and subject to Reddit’s Brand Guidelines, you may\nnot make use of the Materials. Reddit reserves all rights to the Materials not granted expressly in these Terms.\nExcept to the extent prohibited by law, you agree to defend, indemnify, and hold Reddit, its affiliates, and their\nrespective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and\n\n13. Limitation of Liability\n14. Changes to these Terms\n15. Additional Terms\n16. Termination\n17. Miscellaneous\nlicensors (the “Reddit Entities”) harmless from and against any claim or demand made by any third party,\nand any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out\nof, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of\napplicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter\nfor which you are required to indemnify us, and you agree to cooperate with our defense of these claims.\nBy using the Services you agree that the Reddit Entities’ liability is limited to the maximum extent permissible\nin your country of residence. Liability will be limited to foreseeable damages arising due to a breach of\nmaterial contractual obligations typical for this type of contract. Reddit isn’t liable for damages that result from\na non-material breach of any other applicable duty of care. This limitation of liability will not apply to any\nstatutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or\nwillful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.\nWe may make changes to these Terms from time to time. If we make changes, we will post the revised Terms\nand update the Effective Date above. If the changes, in our reasonable discretion, are material, we will notify\nyou by sending an email to the address associated with your Account (if you have chosen to provide an email\naddress) or by otherwise providing you with notice through our Services at least 30 days before the date they\nbecome effective. By continuing to access or use the Services on or after the Effective Date of the revised\nTerms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop\naccessing and using our Services before the changes become effective.\nBecause we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or\nrules before using a specific product or service offered by Reddit (collectively, “Additional Terms”). All\nAdditional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent\nany Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the\ncorresponding Services.\nIf you use Reddit Premium or Virtual Goods, you must also agree to the Reddit Premium and Virtual\nGoods Agreement.\nIf you use the self-service platform for advertising, you must also agree to our Reddit Advertising\nPlatform Terms.\nIf you use our public API, you must also agree to our Reddit API Terms of Use.\nIf you use Reddit Gifts, you must agree to the Reddit Gifts User Agreement.\nIf you use Reddit Embeds, you must agree to the Embeds Terms of Use.\nYou may terminate these Terms at any time and for any reason by deleting your Account and discontinuing\nuse of all Services. If you stop using the Services without deactivating your Account, your Account may be\ndeactivated due to prolonged inactivity.\nTo the fullest extent permitted by applicable law, we may suspend or terminate your Account, moderator\nstatus, or ability to access or use the Services at any time for any or no reason, including for violating these\nTerms or our Content Policy.\nThe following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 7\n(Things You Cannot Do), 12 (Indemnity), 13 (Limitation of Liability), 16 (Termination), and 17 (Miscellaneous).\n\n18. Contact Details\nThese Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference\ninto these Terms, constitute the entire agreement between you and us regarding your access to and use of\nthe Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a\nwaiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the\nunenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in\nfull force and effect. You may not assign or transfer any rights or obligations under these Terms without\nReddit’s prior written consent. Reddit may, without restriction, assign any of our rights and obligations under\nthese Terms, at its sole discretion, with 30 days’ prior notice. Your right to terminate these Terms at any time\npursuant to Section 16 remains unaffected.\nThese Terms are a legally-binding agreement between you and Reddit, Inc. If you have any questions about\nthese terms, please contact us.\nReddit, Inc.\n1455 Market Street, Suite 1600\nSan Francisco, CA 94103\nUnited States\nThe following representative is authorized to receive service in Germany on behalf of Reddit, Inc. for\nadministrative and judicial proceedings within the meaning of Section 5(1) of the Network Enforcement Act:\nTaylor Wessing PartG mbB\n- NetzDG-Zustellungen -\nAm Sandtorkai 41\n20457 Hamburg\nGermany\nThis authorization to receive service relates exclusively to service in respect of unlawful content within the\nmeaning of Section 1(3) of the Network Enforcement Act.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Snapchat","url":"https://www.snap.com/en-GB/terms#terms-row","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Free","date":"30.09.2021"},"document":{"title":"","text":"Snap Group Limited Terms of Service\n(If you live outside the United States)\nEffective: 30 September 2021\nWelcome!\nWe’ve drafted these Terms of Service (which we call the “Terms”), so you’ll know the rules that govern our\nrelationship with you as a user of our Services. Although we have tried our best to strip the legalese from the\nTerms, there are places where they may still read like a traditional contract. There’s a good reason for that:\nthese Terms form a legally binding contract between you and Snap Inc. (“Snap”). So please read them\ncarefully.\nIn order to use Snapchat, Bitmoji, or any of our other products or services that are subject to these Terms\n(which we refer to collectively as the “Services”), you must accept these Terms, which are presented to you\n(i) when you first open the app and (ii) when we make any material changes to these Terms. Of course, if you\ndon’t accept them, then don’t use the Services.\nThese Terms apply if you live in the United States or if your principal place of business is in the United\nStates. If you live outside of the United States or if your principal place of business is outside of the United\nStates, Snap Group Limited provides you the Services and your relationship is governed by the Snap Group\nLimited Terms of Service.\nARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS,\nTHEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS\nLATER IN THESE TERMS.\n1. Who can use the services\nNo one under 13 (or, if greater than 13, the minimum age at which a person may use the Services in your\ncountry) is allowed to create an account or use the Services. If you are under 18 (or the legal age of majority\nin your country), you may only use the Services with the prior consent of your parent or legal guardian.\nPlease be sure your parent or legal guardian has reviewed and discussed these Terms with you before you\nstart using the Services. We may offer additional Services with additional terms that may require you to be\neven older to use them. So please read all terms carefully. By using the Services, you represent, warrant, and\nstate that:\nYou are forming a binding contract with Snap;\nYou are not a person who is barred from using the Services under the laws of the United States, the United\nKingdom, or any other applicable jurisdiction—including, for example, that you do not appear on the U.S.\nTreasury Department’s list of Specially Designated Nationals or face any other similar prohibition;\n\nYou are not a convicted sex offender; and\nYou will comply with these Terms and all applicable local, state, national and international laws, rules and\nregulations.\nIf you are using the Services on behalf of a business or some other entity, you state that you are authorised to\nbind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity\n(and all references to “you” and “your” in these Terms will mean both you as the end user and that business\nor entity).\n2. Rights we grant you\nAs between you and us, Snap (and its licensors) is the owner of the Services, including all proprietary\ncontent, information, material, software, images, text, graphics (including any Bitmoji avatars that you may\nassemble using visual elements we provide), illustrations, logos, patents, trademarks, service marks,\ncopyrights, photographs, audio, video, music and “look and feel” of the Services and all related intellectual\nproperty rights. Snap grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable and\nnon-sublicensable licence to use the Services. This licence is for the sole purpose of using and enjoying the\nServices in a way that these Terms and our policies, such as our Community Guidelines and Sounds on\nSnapchat Guidelines, allow. You may not use the Services in ways that are not authorised by these Terms.\nNor may you help anyone else in doing so.\n3. Rights you grant us\nMany of our Services let you create, upload, post, send, receive and store content. When you do that, you\nretain whatever ownership rights to that content you had to begin with. But, you grant us a licence to use that\ncontent. How broad that licence is depends on which Services you use and the settings you have selected.\nFor all content you submit to the Services, you grant Snap and our affiliates a worldwide, royalty-free, sub-\nlicencable, and transferable licence to host, store, cache, use, display, reproduce, modify, adapt, edit, publish,\nanalyse, transmit, and distribute that content. This licence is for the limited purpose of operating, developing,\nproviding, promoting and improving the Services and researching and developing new ones. This licence\nincludes a right for us to make your content available to, and pass these rights along to, other service\nproviders with whom we have contractual relationships related to the provision of the Services, solely for the\npurpose of providing such Services.\nWe call Story submissions as “Public Content\" that are set to be viewable by everyone as well as content you\nsubmit to public Services, like Public Profiles, Snap Map, or Lens Studio. Because Public Content is\ninherently public, you grant Snap, our affiliates, other users of the Services, and our business partners all of\nthe same rights you grant for non-Public Content in the previous paragraph, as well as a worldwide, royalty-\nfree, and irrevocable right and licence to create derivative works from, promote, exhibit, broadcast,\nsyndicate, reproduce, distribute, synchronise, overlay graphics and auditory effects on, publicly perform, and\npublicly display all or any portion of your Public Content (including the separate video, image, sound\nrecording, or musical compositions contained therein) in any form and in any and all media or distribution\nmethods, now known or later developed. When you appear in, create, upload, post, or send Public Content\n\n(including your Bitmoji), you also grant Snap, our affiliates, other users of the Services, and our business\npartners an unrestricted, worldwide, royalty-free, and irrevocable right and licence to use the name, likeness,\nand voice, of anyone featured in your Public Content. This means, among other things, that you will not be\nentitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name,\nlikeness, or voice are used by us, our affiliates, users of the Services, or our business partners. The licences\ngranted by you for Public Content continue for so long as the Public Content is on the Services and for a\nreasonable period of time after you remove or delete the Public Content from the Services (provided we may\nretain server copies of your Public Content indefinitely). For information about how to tailor who can watch\nyour content, please take a look at our Privacy Policy and Support Site. All Public Content must be\nappropriate for people ages 13+.\nTo the extent permissible by law, you irrevocably waive—or agree not to assert against Snap or its affiliates\n—any moral rights or equivalent rights you may have in content you share on the Services throughout the\nworld.\nWhile we’re not required to do so, we reserve the right to access, review, screen, and delete any content (i)\nwhich we think violates these Terms, including any additional terms referenced in Section 4, or our policies,\nsuch as our Community Guidelines, or (ii) if necessary to comply with our legal obligations. However, you\nalone remain responsible for the content you create, upload, post, send or store through the Service.\nWe, Snap Inc., our affiliates, and our third-party partners may place advertising on the Services, including\npersonalised advertising—with your consent, where required—based on the information you provide us, we\ncollect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.\nWe always love to hear from our users. But if you provide feedback or suggestions, just know that we can\nuse them without compensating you and without any restriction or obligation to you. You agree that we will\nown all rights in any materials or items we develop based on such feedback or suggestions.\n4. Additional terms for specific Services\nAdditional terms and conditions listed on the Snap Terms & Policies page or that are otherwise made\navailable to you may apply to specific Services. If you use those Services, then those additional terms\nbecome part of these Terms. If any of the applicable additional terms conflict with these Terms, the additional\nterms will prevail while you are using the Services to which they apply.\n5. Privacy\nYour privacy matters to us. You can learn how your information is handled when you use our Services by\nreading our Privacy Policy.\n6. The Content of others\nMuch of the content on our Services is produced by users, publishers and other third parties. Whether that\ncontent is posted publicly or sent privately, the content is the sole responsibility of the user or entity that\nsubmitted it. Although, Snap reserves the right to review or remove all content that appears on the Services,\n\nwe do not necessarily review all of it. So we cannot—and do not—guarantee that other users or the content\nthey provide through the Services will comply with our Terms or Community Guidelines.\n7. Respecting the Services and Snap’s Rights\nYou must also respect Snap’s rights and adhere to the Snapchat Brand Guidelines, Bitmoji Brand Guidelines,\nand any other guidelines, support pages, or FAQ’s published by Snap or our affiliates. That means, among\nother things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:\nUse branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials\nthat Snap makes available via the Services, except as explicitly allowed by these Terms, the Snapchat\nBrand Guidelines, Bitmoji Brand Guidelines or other brand guidelines published by Snap Inc. or our\naffiliates;\nViolate or infringe Snap’s or our affiliates’ copyrights, trademarks, or other intellectual property rights;\nCopy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform,\ndisplay, make available, make derivatives of, or otherwise use the Services or the content on the Services,\nother than temporary files that are automatically cached by your web browser for display purposes, as\notherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as\nenabled by the Service’s intended functionality;\nCreate more than one account for yourself, create another account if we have already disabled your\naccount, attempt to access the Services through unauthorised third-party applications, solicit login\ncredentials from other users, or buy, sell, rent, or lease access to your account, a username, Snaps, or a\nfriend link;\nReverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying\nidea or algorithm), or otherwise extract the source code of the software of the Service;\nYou will not use any robot, spider, crawler, scraper or other automated means or interface to access the\nServices or extract other users’ information.\nYou will not use or develop any third-party applications that interact with the Services or other users’\ncontent or information without our written consent.\nYou will not use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit\nother users from fully enjoying the Services, or that could damage, disable, overburden, or impair the\nfunctioning of the Services in any manner;\nUpload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the\nServices;\nAttempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of\nthe Services that you are not authorised to access;\nProbe, scan, or test the vulnerability of our Services or any system or network;\n\nViolate any applicable law or regulation in connection with your access to or use of the Services; or\nAccess or use the Services in any way not expressly permitted by these Terms or our Community\nGuidelines.\n6. Respecting others’ rights\nSnap Inc. respects the rights of others. And so should you. You therefore may not use the Services, or enable\nanyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity,\nprivacy, copyright, trademark, or other intellectual property right. When you submit content to the Service,\nyou are solely responsible for ensuring and must ensure that you own that content, or that you have received\nall necessary permissions, clearances, and authorisations in order to submit it to the Service (including, if\napplicable, the right to make mechanical reproductions of the musical works embodied in any sound\nrecordings, synchronise any compositions to any content, publicly perform any compositions or sound\nrecordings, or any other applicable rights for any music not provided by Snap that you include in your\ncontent) and grant the rights and licenses contained in these Terms for your content. You also agree that you\nwill not use or attempt to use another user's account except as permitted by Snap or its affiliates.\nSnap honours copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to\nexpeditiously remove from our Services any infringing material that we become aware of. If Snap becomes\naware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to\nterminate the user’s account. If you believe that anything on the Services infringes a copyright that you own\nor control, please report it using the form accessible through this tool. Or you may file a notice with our\ndesignated agent: Snap Inc., Attn: Copyright Agent, 3000 31st Street, Santa Monica, CA 90405, email:\[email protected]. Please don’t use this email address for anything other than reporting copyright\ninfringement, as such emails will be ignored. To report other forms of infringement on the Services, please\nuse the tool accessible here. If you file a notice with our Copyright Agent, it must:\nContain the physical or electronic signature of a person authorised to act on behalf of the copyright owner.\nIdentify the copyrighted work claimed to have been infringed.\nIdentify the material that is claimed to be infringing or to be the subject of infringing activity and that is to\nbe removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the\nmaterial.\nProvide your contact information, including your address, telephone number and an email address.\nProvide a personal statement that you have a belief in good faith that the use of the material in the manner\ncomplained of is not authorised by the copyright owner, its agent, or the law; and\nProvide a statement that the information in the notification is accurate and, under penalty of perjury, that\nyou are authorised to act on behalf of the copyright owner.\n9. Safety\n\nWe try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come\nin. By using the Services, you agree that you will at all times comply with these Terms, including\nour Community Guidelines and any other policies Snap makes available in order to maintain the safety of the\nServices.\nIf you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of\nyour account, and notify third parties—including law enforcement agencies—and provide those third parties\nwith information relating to your account. This step may be necessary to protect the safety of our users, and\nothers, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or\nsecurity concerns.\nWe also care about your physical safety while using our Services. So do not use our Services in a way that\nwould distract you from obeying traffic or safety laws. For example, never use the Services while driving.\nAnd never put yourself or others in harm’s way just to capture a Snap.\n10. Your account\nTo use certain Services, you need to create an account. You agree to provide us with accurate, complete, and\nupdated information for your account. You are responsible for any activity that occurs in your Snapchat\naccount. So it’s important that you keep your account secure. One way to do that is to create a strong\npassword that you don’t use for any other account. If you think that someone has gained access to your\naccount, please reach out to Snapchat Support, immediately. Any software that we provide you may\nautomatically download and install upgrades, updates or other new features. You may be able to adjust these\nautomatic downloads through your device’s settings. You agree not to create any account if we have\npreviously removed or banned you or your account from any of our Services, unless we consent otherwise.\n11. Memories\nMemories is our data-storage service that makes it easier for you to reminisce anytime, anywhere. By\nagreeing to these Terms, you automatically enable Memories. Once Memories is enabled, it will remain\nenabled for as long as you maintain your Snapchat account. But you can always turn off certain Memories\nfeatures through Settings.\nOne of the options we provide with Memories is the ability to create a restricted area by setting a passcode,\nwhich might be a PIN or a passphrase or some other mechanism. This is similar to the device-lock option\nyou may be using on your mobile device; by setting a passcode, you make it less likely that another person\nwho gets hold of your device will be able to see what you saved to the restricted area of Memories. But\nhere’s a big warning: if you lose or forget your Memories passcode, or if you enter the wrong one too\nmany times, you will lose access to any content you saved in the restricted area of Memories. We don’t\noffer any passcode recovery features for this restricted area. You are solely responsible for remembering your\npasscode. Please go to our Support Site for more details on passcodes.\nYour content in Memories might become unavailable for any number of reasons, including things like an\noperational glitch or a decision on our end to terminate your account. Since we can’t promise that your\ncontent will always be available, we recommend keeping a separate copy of content you save to Memories.\n\nWe make no promise that Memories will be able to accommodate your precise storage needs. We reserve the\nright to set storage limits for Memories, and we may change these limits from time to time in our sole\ndiscretion. And just as with our other Services, your use of Memories may take up space on your device and\nmay incur mobile data charges.\n12. Data Charges and Mobile Phones\nYou are responsible for any mobile charges that you may incur for using our Services, including text-\nmessaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure\nwhat those charges may be, you should ask your service provider before using the Services.\nBy providing us with your mobile phone number, you agree to receive SMS from Snap related to the\nServices, including about promotions, your account, and your relationship with Snap. These SMS may be\nmade to your mobile phone number even if your mobile phone number is registered on any kind of “Do Not\nCall” list, or international equivalent.\nIf you change or deactivate the mobile phone number that you used to create a Snapchat account, you must\nupdate your account information through Settings within 72 hours to prevent us from sending to someone\nelse messages intended for you to someone else.\n13. Third-Party Services\nCertain Services may display, include or make available content, data, information, applications, features or\nmaterials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you\nuse any Third-Party materials made available through our Services (including Services we jointly offer with\nthe third party), each party’s terms will govern the respective party’s relationship with you. Neither Snap\nInc., nor any of our affiliates are responsible or liable for a third party’s terms or actions taken under the third\nparty’s terms. Further, by using the Services, you acknowledge and agree that Snap is not responsible for\nexamining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright\ncompliance, legality, decency, quality or any other aspect of such Third-Party materials or websites. We do\nnot warrant or endorse and do not assume and will not have any liability or responsibility to you or any other\nperson for any third-party services, Third-Party Materials or third-party websites, or for any other materials,\nproducts, or services of third parties. Third-Party Materials and links to other websites are provided solely as\na convenience to you.\n14. Modifying the Services and Termination\nWe’re relentlessly improving our Services and creating new ones all the time. That means we may add or\nremove features, products or functionalities, and we may also suspend or stop the Services altogether. We\nmay take any of these actions at any time and, when we do, we will try to notify you beforehand – but this\nwon't always be possible.\nWhile we hope you remain a lifelong Snapchatter, you can terminate these Terms at any time and for any\nreason by deleting your Snapchat account (or, in some cases, the account associated with the applicable part\nof the Services you are using).\n\nWe may terminate or temporarily suspend your access to the Services if you fail to comply with these Terms,\nour Community Guidelines or the law, for any reason outside of our control, or for any reason, and without\nadvanced notice. That means that we may terminate these Terms, stop providing you with all or any part of\nthe Services, or impose new or additional limits on your ability to use our Services. And while we’ll try to\ngive you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances.\nFor example, we may deactivate your account due to prolonged inactivity, and we may reclaim your\nusername at any time for any reason.\nRegardless of who terminates these Terms, both you and Snap continue to be bound by Sections 3, 4 (to the\nextent any additional terms and conditions would, by their terms, survive), and 6 - 22 of the Terms.\n15. Indemnity\nYou agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap, our affiliates,\ndirectors, officers, stockholders, employees, licensors, and agents from and against any and all complaints,\ncharges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out\nof, or relating in any way to: (a) your access to or use of the Services; (b) your content, including\ninfringement claims related to your content; (c) your breach of these Terms or any applicable law or\nregulation; or (d) your negligence or wilful misconduct.\n16. Disclaimers\nWe will try hard to keep the Services up and running and free of annoyances. But we make no promises that\nwe will succeed.\nThe Services are provided “as is” and “as available” and to the extent permitted by law and except as\nstated above, without warranties of any kind, either express or implied, including, in particular\nimplied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality,\nfitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course\nof dealing. In addition, while Snap Group Limited attempts to provide a good user experience, we do\nnot represent or warrant that: (a) the Services will always be entirely secure, error-free or timely; (b)\nthe Services will always function without delays, disruption or imperfections; or (c) that any content or\ninformation you obtain through the Services will always be timely or accurate.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS\nOF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY\nTO THE EXTENT PROHIBITED.\nTo the fullest extent permitted by law, Snap Group Limited, Snap Inc., and our affiliates take no\nresponsibility and assume no liability for any content that you, another user, or a third party creates,\nuploads, posts, sends, receives, views, or stores on or through our Services and you understand and\nagree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise\ninappropriate, none of which Snap Group Limited, Snap Inc., nor our affiliates will be responsible for.\n\nNothing in these Terms will exclude or limit any responsibility we may have to remove content if so\nrequired by the law of the country where you live.\n17. Limitation of Liability\nSnap Group Limited, Snap Inc. and our affiliates, directors, officers, stockholders, employees,\nlicensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential,\npunitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or\nindirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of\nthe Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the\nconduct or content of other users or third parties on or through the Services; or (d) unauthorised\naccess, use or alteration of your content. Except to the extent specified otherwise in any other\napplicable terms of Snap Group Limited, Snap Inc., or our affiliates, in no event will Snap Group\nLimited, Snap Inc., or our affiliates’ aggregate liability for all claims relating to the Services exceed the\ngreater of (a) €100 EUR, and (b) the amount you paid Snap Group Limited in the last 12 months for\nany Services.\nNothing in these Terms (or for the avoidance of doubt any other terms to which you are subject in\nrespect of the provision of Services by Snap Group Limited, Snap Inc. or their affiliates) shall exclude\nor limit Snap Group Limited’s, Snap Inc.’s or their affiliates’ liability for: a) death or personal injury\narising from their own respective intent or negligence; b) fraud or fraudulent misrepresentation; or c) any\nother liability to the extent that such liability may not be excluded or limited as a matter of law.\nFurther, nothing in these Terms affects your statutory rights as a consumer.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION\nOF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.\n18. Dispute Resolution and Arbitration\nIf you have a concern, let’s talk. Go ahead and contact us first, and we’ll do our best to resolve the issue.\nSome of our Services may have additional terms that contain dispute-resolution provisions unique to that\nService or your residency.\nIf you are using the Services on behalf of a business (rather than for your personal use), you and Snap\nGroup Limited agree that to the extent permitted by law, all claims and disputes between us arising\nout of or relating to these Terms or the use of the Services will be finally settled through binding\narbitration under the LCIA Arbitration Rules, which are incorporated by reference into this clause.\nThere will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London and the\narbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the\nServices.\n19. Exclusive Venue\n\nTo the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Snap\nGroup Limited agree that all claims and disputes (whether contractual or otherwise) arising out of or relating\nto the Terms or the use of the Services will be litigated exclusively in the courts of England in the United\nKingdom, unless this is prohibited by the laws of the country where you reside. You and Snap Group Limited\nconsent to the exclusive jurisdiction of those courts.\n19. Choice of law\nThe laws of England and Wales govern these Terms and any claims and disputes (whether contractual\ncontract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. The courts in\nsome countries may not apply the laws of England and Wales to some disputes related to these Terms. If you\nreside in one of those countries, the laws of your home country may apply to those disputes.\n21. Severability\nIf any provision of these Terms is found unenforceable, then that provision will be severed from these Terms\nand not affect the validity and enforceability of any remaining provisions.\n22. Final terms\nThese Terms, including the additional terms referenced in Section 4, make up the entire agreement between\nyou and Snap, and supersede any prior agreements. These Terms do not create or confer any third-party\nbeneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We\nreserve the right to transfer our rights under these Terms and provide the Services using another entity,\nprovided that entity upholds these Terms. You may not transfer any of your rights or obligations under these\nTerms without our consent. We reserve all rights not expressly granted to you.\nContact us\nSnap Group Limited welcomes comments, questions, concerns or suggestions. You can contact us or get\nsupport by using this online form.\nThe company responsible for the Services outside the United States is called Snap Group Limited and is\nlocated in the United Kingdom at 77 Shaftesbury Avenue, London, W1D 5DU, United Kingdom. Registered\ncompany number: 09763672. VAT ID: GB 237218316.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"TikTok","url":"https://www.tiktok.com/legal/terms-of-service?lang=en#terms-eea","lang":"ENG","sector":"Social","hq":"China","hq_category":"Other","is_public":"Private","is_paid":"Free","date":"01.07.2020"},"document":{"title":"","text":"Terms of Service\n(If you are a user having your residence in the EEA, the United Kingdom or Switzerland)\nLast updated: July 2020\n1. Your Relationship With Us\nWelcome to TikTok.\nTikTok is a leading platform for creating and sharing short-form videos (the “Platform”). You are reading the\nterms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us\nand set forth the terms and conditions by which you may access and use the Platform and our related websites\n(such as tiktok.com), services, applications, products and other content which are stated to be offered subject to\nthese Terms (collectively, the “Services”). \nThe Services are provided by the company that offers the Services in your region (“TikTok”, “we” or “us”): \nResidents of the EEA + Switzerland: The Services are provided by TikTok Technology Limited,\nwhich is registered in Ireland with its registered office at 10 Earlsfort Terrace, Dublin, D02 T380,\nIreland and company number 635755.\nResidents of the United Kingdom: The Services are provided by TikTok Information\nTechnologies UK Limited, which is registered in England with its registered office at 6th Floor,\nOne London Wall, London, EC2Y 5EB, United Kingdom.\nYour Service provider may change if you relocate to another country and continue using our Services. The\nServices are provided for private, non-commercial use. For the purposes of these Terms, “you” and “your”\nmeans you as the user of the Services.\nThe Terms form a legally binding agreement between you and us. Please take the time to read them carefully\nand if you do not agree to them, please do not register, access or use any of the Services.\n2. Description of the Services \nThe Services and the Platform are only for people 13 years old and over. \nYou can use the Services and the Platform via the TikTok mobile apps (“App”) and via the TikTok Website\n(“Website”). Certain functions are available only in the App. Further, not all Services or features may be available\nin your country or region. Different features may be available in different versions of the Services. Certain\nfeatures are not available for users under a certain age. \nThe Services allow you to create, publish and share short-form videos and to consume videos other users have\ncreated and interact with those videos and other users. \nCreate and share videos: In particular:\n\nYou can record or import videos into the Services. \nYou can edit videos and enrich them with filters and additional elements. \nYou can also include content from other users in your videos, provided the creator of the\nrespective video allows the use of their content for such purposes. Other users can use your\ncontent in their videos, if you allow the use of your content for such purposes.\nYou can publish videos in the Services so that other users can consume your videos. Videos\nyou publish publicly will be available in the App and on the Website.\nYou can share your videos, or videos of others that have enabled sharing, via various\nmessaging services and on third-party social media platforms (e.g. Instagram, Facebook,\nYouTube, Twitter) in accordance with the respective terms of service.\nYou can enter a video description, tags and various privacy settings when publishing a video.\nYou can enter a short biography text and profile picture in your public user profile.\nSubject to the conditions of our Virtual Items Policy you can live stream, use live streaming\nfeatures, purchase coins and exchange coins for gifts (the “Live Stream Program”). \nConsume videos: You can consume videos of other users of the Services. In particular:\nYou can consume videos that other users have shared publicly or by users you follow.\nThe Service provides you with a customised “For You” page in which the Service selects videos\nto show you based on what the Service determines could be interesting for you. For further\ninformation, please see the Privacy Policy. \nThe Service provides other ways to find content for you to consume, e.g. a list of other users’\nvideos on their profile, a search function, and category selection.\nYou can watch live streams of other users.\nInteract with other users: You can interact with users’ content and other users. In particular:\nDirect messages: You can send direct messages to users if they follow you. \nLikes: You can like videos. \nComments: Subject to users’ settings, you can post comments on their videos.\nFollows: You can follow users. If users restrict their profile, you can only follow users if they\napprove your request to follow.\n“Find Friends” functionality: You can find friends through your phone address book and through\nFacebook. \n\nPro Accounts: You can also upgrade your user account to a free “Pro Account”. A Pro Account gives you access\nto additional features, such as aggregated statistics about your content. If you participate in the TikTok Creator\nMarketplace (“Marketplace”), you can use the Pro Account menu to access settings and manage requests\nrelating to Marketplace functions. \nLimitations to the Services: We strive to offer the Service without significant interruptions and to improve the\nService continuously. However, it may occur that the service is completely or partially unavailable for certain\nperiods of time for reasons of planned or unplanned downtime, for maintenance or in case of technical difficulties.\n3. Accepting the Terms\nBy registering, accessing or using the Services, you agree that you can, and are entering into a legally binding\ncontract with TikTok comprised of the Terms, that you are 13 years old or over and that you accept these Terms\nand that you agree to comply with them. \nYour access to and use of our Services is also subject to our Community Guidelines and our Virtual Items\nPolicy, the terms of which can be found directly on the Platform, or where the Platform is made available for\ndownload, on your mobile device’s applicable app store. Those additional guidelines and policies are\nincorporated into this legally binding contract between you and us by reference.\nPlease also review our Privacy Policy as this governs how we use your personal information. \nIf you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you\nand that business or entity, (b) you represent and warrant that you are an authorized representative of the\nbusiness or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the\nentity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the\nServices as well as for the access or use of your account by others affiliated with your entity, including any\nemployees, agents or contractors.\nWhile we will always have a copy of our current Terms available on the Platform (including the “Last Updated”\ndate), you should print off or save a local copy of the Terms for your records. \n4. Changes to the Terms and Services\nWe are constantly innovating, changing and improving the Services. We may also amend these Terms from time\nto time, for instance when we update the functionality of the Services, or when there are regulatory changes that\nimpact these Terms or the Services. \nWe will provide reasonable advance notice such as through a notice on our Platform of any material\nmodifications to these Terms or our Services that will materially disadvantage you or materially limit the access or\nusage of our Services. However, you should also look at the Terms regularly to check for such changes. We will\nalso update the “Last Updated” date at the top of these Terms, to reflect the effective date of the most recently\nupdated version of the Terms. As we do not permit the use of the Services by persons who do not agree to\ncomply with our Terms, your continued access or use of the Services after the date of the new Terms constitutes\n\nyour acceptance of such new Terms. If you do not agree to the new Terms, you must stop accessing or using the\nServices and close your account (if applicable).\nFor modifications to the Terms or to the Services that we need to make to meet security, safety, legal or\nregulatory requirements, we may not be able to notify you in advance but we will let you know as soon as\npracticable.\n5. Your Account with Us\nTo access or use some of our Services, you must create an account with us. When you create this account, you\nmust provide accurate and up-to-date information. It is important that you maintain and promptly update your\ndetails and any other information you provide to us, to keep such information current and complete. The Terms\nare also accessible to you on the Platform at all times. It is important that you keep your account password\nconfidential and that you do not disclose it to any third party. If you know or suspect that any third party knows\nyour password or has accessed your account, you must notify us immediately\nat: https://www.tiktok.com/legal/report/feedback.\n6. Termination \nWe reserve the right to temporarily or permanently suspend or terminate your user account or impose limits on or\nrestrict your access to parts or all of the Services with or without notice at any time for any or no reason\nincluding: \nif we reasonably believe you violate, or we have objective grounds to reasonably believe you\nare about to violate, the Terms, including any incorporated agreements, policies or guidelines\n(such as our Community Guidelines), or any applicable laws or regulations; \nif activities occur on your account which, in our sole discretion, would or might cause damage to\nor impair us or our Services or infringe or violate any third party rights (including intellectual\nproperty rights); \nin response to requests by law enforcement or other government agencies under valid legal\nprocess; \ndue to unexpected technical or security issues or problems; or \nif there are extended periods of inactivity in your account. \nIf we permanently suspend or terminate your user account, we will notify you in advance in order to allow you\ntime to access and save your information and content unless we have reason to believe that continued access to\nyour account will cause damage to us or our Services, or violate requests by law enforcement or other\ngovernment agencies, applicable laws or regulations or third party rights. \nSubject to any statutory rights you might have, if your account is temporarily or permanently suspended or\nterminated, access to your username, password, and any related information or content associated with your\n\naccount may be suspended or terminated. As we do not guarantee the permanent availability of your content,\nyou should make backups of any content you value. \nIf you no longer want to use our Services, you can request the deletion of your account through the functionalities\nprovided on the Platform. You can also contact us at: https://www.tiktok.com/legal/report/feedback. We will\nprovide you with further assistance and guide you through the process of the deletion of your account. Please be\naware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any\nof the content or information you have added.\n7. Your use of the Services\nYour access to and use of the Services is subject to these Terms and all applicable laws and regulations. You\nmay not:\naccess or use the Services if you are not 13 years old or older, or if you are otherwise unable to\nagree to these Terms;\nmake copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any\nderivative works based on the Services, including any files, tables or documentation (or any\nportion thereof) or determine or attempt to determine any source code, algorithms, methods or\ntechniques embodied in the Platform or any derivative works thereof unless any such activities\nare expressly authorised by us in advance;\ndistribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative\nworks thereof;\nmarket, rent or lease the Services for a fee or charge, or use the Platform to advertise or\nperform any commercial solicitation unless such activities are expressly authorised by us in\nadvance; \nuse the Services, without our express written consent, for any commercial or unauthorized\npurpose, including communicating or facilitating any commercial advertisement or solicitation or\nspamming;\ninterfere with or attempt to interfere with the proper working of the Services, disrupt the Platform,\nour Website or any networks connected to the Services, or bypass any measures we may use to\nprevent or restrict access to the Services;\nincorporate the Platform or any portion thereof into any other program or product and, in such\ncase, we reserve the right to refuse service, terminate accounts or limit access to the Services\nat our sole discretion;\nuse any automated system or software, whether operated by a third party or otherwise, to\nextract any data from the Service for commercial purposes (“screen scraping”);\nimpersonate any person or entity, or falsely state or otherwise misrepresent you or your\naffiliation with any person or entity, including giving the impression that any content you upload,\n\npost, transmit, distribute or otherwise make available emanates from the Services;\nintimidate or harass another, or promote sexually explicit material, violence or discrimination\nbased on race, sex, religion, nationality, disability, sexual orientation or age;\nuse or attempt to use another’s account, service or system without authorisation from TikTok, or\ncreate a false identity on the Services;\nuse the Services in a manner that may create a conflict of interest for you or us or that\nundermine the purposes of the Services, such as trading reviews with other users or writing or\nsoliciting shill reviews;\nuse the Services to either intentionally, recklessly or negligently upload, transmit, distribute,\nstore or otherwise make available: \nany material which does or may infringe applicable laws or which infringes someone else’s\nrights; \nany viruses, trojans, worms, logic bombs or other material that is malicious or technologically\nharmful; \nany unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”,\n“spam”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation; \nany material which does or may infringe any copyright, trade mark or other intellectual\nproperty of any other person;\nany material which infringes privacy or personality rights of any other person or deceased\nperson; \nany material which is defamatory of any person, obscene, offensive, pornographic, hateful or\ninflammatory; \nany material that would constitute, encourage or provide instructions for a criminal offence,\ndangerous activities or self-harm; \nany material that is deliberately designed to provoke or antagonise people, especially trolling\nand bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset\npeople; \nany material that contains a threat of any kind, including threats of physical violence; \nany material that is racist or discriminatory, including discrimination on the basis of someone’s\nrace, religion, age, gender, disability or sexuality; \nany answers, responses, comments, opinions, analysis or recommendations that you are not\nproperly licensed or otherwise qualified to provide; \n\nany material that, in the sole judgment of TikTok, is objectionable or which restricts or inhibits\nany other person from using the Services, or which may expose TikTok, the Services or its\nusers to any harm or liability of any type.\nIn addition to the above, your access to and use of the Services must, at all times, be compliant with\nour Community Guidelines.\nWe reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend\naccess to content if in our sole opinion the content violates or potentially violates these Terms or our Community\nGuidelines, third party rights (including intellectual property rights), applicable laws or regulations or is otherwise\nharmful to the Services, our users or third-parties. \n8. Intellectual Property Rights\nWe respect intellectual property rights and ask you to do the same. As a condition of your access to and use of\nthe Services, you agree not to infringe intellectual property rights of any person while using the Services. For\nexample, you agree not to upload any content that is the property of someone else to the Services. \n9. Content\nTikTok Content\nAs between you and TikTok, all content, software, images, text, graphics, illustrations, logos,\npatents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look\nand feel” of the Services, the Platform and the App, and all intellectual property rights related\nthereto (the “TikTok Content”), are either owned or licensed by TikTok, it being understood that\nyou or your licensors will own any User Content (as defined below) you upload or transmit\nthrough the Services. Use by you of the TikTok Content or other materials available as part of\nthe Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such\ncontent and materials may not be downloaded, copied, reproduced, distributed, transmitted,\nbroadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without\nour or, where applicable, our licensors’ prior express written consent. We and our licensors\nreserve absolutely and unconditionally all rights arising out of or in connection with the Services\nand the TikTok Content not expressly granted in and to such content and materials.\nYou acknowledge and agree that we may generate revenues, increase goodwill or otherwise\nincrease our value from your use of the Services, including, by way of example and not\nlimitation, through the sale of advertising, sponsorships, promotions, usage data and gifts and\nexcept as specifically permitted by us in these Terms or in another agreement you enter into\nwith us, you will have no right to share in any such revenue, goodwill or value whatsoever. You\nfurther acknowledge that, except as specifically permitted by us in these Terms or in another\nagreement you enter into with us, you (i) have no right to receive any income or other\nconsideration from any User Content (defined below) or your use of any musical works, sound\nrecordings or audiovisual clips made available to you on or through the Services, including in\nany User Content created by you, and (ii) are prohibited from exercising any rights to monetize\n\nor obtain consideration from any User Content within the Services or on any third party service\n(including, without limitation, YouTube, Facebook, Instagram, Twitter or any other social media\nplatform) to the extent that such User Content has been in any way edited or otherwise altered\nthrough the Services (including through the use of TikTok Elements (as defined below)). \nSubject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-\nsublicensable, revocable, worldwide license to access and use the Services, including to\ndownload the Platform on a permitted device, and to access the TikTok Content solely for your\npersonal, non-commercial use through your use of the Services and solely in compliance with\nthese Terms. TikTok reserves absolutely and unconditionally all rights not expressly granted\nherein in the Services and the TikTok Content. You acknowledge and agree that upon any\ntermination of your account or these Terms, this license granted to you in respect of the\nServices will automatically terminate.\nNO RIGHTS ARE LICENSED TO YOU UNDER THESE TERMS WITH RESPECT TO SOUND\nRECORDINGS (AND THE MUSICAL WORKS EMBODIED THEREIN) THAT ARE MADE\nAVAILABLE FROM OR THROUGH THE SERVICES.\nYou acknowledge and agree that when you view content provided by others on the Services,\nyou are doing so at your own risk. The content on our Services is provided for general\ninformation only. It is not intended to amount to advice on which you should rely. You must\nobtain professional or specialist advice before taking, or refraining from, any action on the basis\nof the content on the Services.\nWe make no representations, warranties or guarantees, whether express or implied, that any\nTikTok Content (including User Content) is accurate, complete or up to date. Where the Services\ncontain links to other sites and resources provided by third parties, these links are provided for\nyour information only. We have no visibility or control over the contents on or available through\nthose sites or resources and you acknowledge and agree that we have no liability for any such\ncontent. Such links should not be interpreted as approval by us of those linked websites or\ninformation you may obtain on or through them. You acknowledge that we have no obligation to\npre-screen, monitor, review, or edit any content posted by you and other users on the Platform\n(including User Content).\nUser-Generated Content\nUsers of the Services may be permitted to upload, post or transmit (such as via a stream) or\notherwise make available content through the Services including, without limitation, any text,\nphotographs, user videos, sound recordings and the musical works embodied therein (including\nvideos that incorporate locally stored sound recordings from your personal music library and\nambient noise) uploaded to, or otherwise made available through, the Services (“User\nContent”). You acknowledge and agree that users of the Services may also extract all or any\nportion of User Content uploaded or otherwise made available by you through the Services so\nas to produce additional User Content, including collaborative User Content with other users\nthat combine and intersperse with User Content generated by you and other users. \n\nUsers of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and\nfurther explained in the Virtual Items Policy) and other elements provided bv TikTok (“TikTok\nElements”) onto User Content and transmit this User Content through the Services. The\ninformation and materials in the User Content, including User Content that includes TikTok\nElements, have not been verified or approved by us. The views expressed by other users on the\nServices (including through use of the virtual gifts) do not represent our views or values.\nWhenever you access or use a feature that allows you to upload or transmit User Content\nthrough the Services (including via certain third party social media platforms such as Instagram,\nFacebook, YouTube or Twitter), or to make contact with other users of the Services, you must\ncomply with the standards set out at Section 7 above. You may also choose to upload or\ntransmit your User Content, including User Content that includes TikTok Elements, on sites or\nplatforms hosted by third parties. If you decide to do this, you must comply with their content\nguidelines as well as with the standards set out in this Section 9 above. You warrant that any\nsuch contribution does comply with those standards, and you will be liable to us and indemnify\nus for any breach of that warranty. This means you will be responsible for any loss or damage\nwe suffer as a result of your breach of warranty.\nAny User Content will be considered non-confidential. You must not post any User Content on or\nthrough the Services or transmit to us any User Content that you consider to be confidential or\nproprietary to any other person. When you submit User Content through the Services, you agree\nand represent that you own that User Content, or you have received all necessary permissions\n(including any necessary licenses), clearances from, or are authorised by, the owner of any part\nof the content to submit such User Content to the Services, to transmit it from the Services to\nother third party platforms, and/or to otherwise make any use of such User Content on or\nthrough the Services.\nIf you only own the rights in and to a sound recording, but not to the underlying musical works\nembodied in such sound recordings, then you must not upload or otherwise make available\nsuch sound recordings through the Services unless you have all permissions (including any\nnecessary licenses), clearances from, or are authorised by, the owner of any part of the content\nto submit it to the Services .\nExcept as expressly provided otherwise in these Terms, you or the owner of your User Content\nstill own the copyright and any other intellectual property rights in User Content sent to us, but\nby submitting User Content via the Services, you hereby grant (i) to us and our affiliates, agents,\nservices providers, partners and other connected third parties an unconditional irrevocable, non-\nexclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide licence\nto use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or\ndistribute and to authorise others users of the Services and other third-parties to view, access,\nuse, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your\nUser Content in any format and on any platform, either now known or hereinafter invented; (ii) to\nother users of the Services an unconditional irrevocable, non-exclusive, royalty-free, perpetual\nworldwide licence to use, modify, adapt, reproduce, make derivative works of, download, publish\n\nand/or transmit, and/or distribute some or all of your User Content in any format and on any\nplatform, either now known or hereinafter invented for the purpose of generating other User\nContent or viewing your User Content for entertainment or other private, non-commercial\npurposes.\nYou further grant us and our affiliates, agents, services providers, partners and other connected\nthird parties a royalty-free license to use your user name, image, voice, and likeness to identify\nyou as the source of any of your User Content.\nFor the avoidance of doubt, the rights granted in the preceding paragraphs of this Section\ninclude, but are not limited to, the right to reproduce sound recordings (and make mechanical\nreproductions of the musical works embodied in such sound recordings), and publicly perform\nand communicate to the public sound recordings (and the musical works embodied therein), all\non a royalty-free basis. This means that you are granting us the right to use your User Content\nwithout the obligation to pay royalties to you or any third party, including, but not limited to, a\nsound recording copyright owner (e.g. a record label), a musical work copyright owner (e.g. a\nmusic publisher), a performing rights organisation (e.g. ASCAP, BMI, SESAC, etc.) (a “PRO”), a\nsound recording PRO (e.g. SoundExchange), any unions or guilds, and engineers, producers or\nother royalty participants that may be involved (either knowingly or otherwise) in the creation of\nUser Content.\nSpecific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical\nwork and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through\nthese Terms in your User Content to us. You are solely responsible for ensuring your compliance with the\nrelevant PRO’s reporting obligations and any other terms of that PRO applicable to you. If you have assigned\nyour rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-\nfree license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms\nwith us. Just because you authored a musical work (e.g. wrote a song) does not mean you have the right to grant\nus the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely\nresponsible for ensuring that your use of the Services is in compliance with any contractual obligations you may\nhave to your record label, including if you create any new recordings through the Services that may be claimed\nby your label.\nThrough-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided\non a through-to-the-audience basis, meaning the owners or operators of third party services will not have any\nseparate liability to you or any other third party arising out of or in connection with such availability of your User\nContent through such third party services.\nWaiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to\nprior inspection or approval of any marketing or promotional materials related to such User Content. You also\nwaive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a\nsimilar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent\npermitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect of\nany of the User Content you upload or otherwise make available through the Services, or to support, maintain or\npermit any action based on any such moral rights.\n\nYou acknowledge and agree that in certain circumstances, we also have the right to disclose your identity to any\nthird party who is claiming that any User Content posted or uploaded by you to our Services constitutes a\nviolation of their intellectual property rights, or of their right to privacy.\nWe, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their\nsole discretion. We have the right to remove, disallow, block or delete any posting you make on our Platform if, in\nour opinion, your post does not comply with the content standards set out at Section 7 (Your Use of Our\nServices) above. In addition, we have the right – but not the obligation – in our sole discretion to remove,\ndisallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to\ncomplaints from other users or third parties, with or without notice and without any liability to you. As a result, we\nrecommend that you save copies of any User Content that you post to the Services on your personal device(s) in\nthe event that you want to ensure that you have permanent access to copies of such User Content. We do not\nguarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances\nwill we be liable in any way for any User Content.\nYou control whether your User Content is made publicly available on the Services to all other users of the\nServices or only available to people you approve. To change the default access setting for how your User\nContent is made available to other users, you should access the privacy setting available within the Services and\nfollow the simple and clearly delineated steps set out therein.\nWe accept no liability in respect of any content or information submitted by users of the Services and published\nby us, or on our behalf, on any of the Services or elsewhere by third parties.\nIf you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to\nraise, you can send us a report. \nWhile our own staff is continually working to develop and evaluate our own product ideas and features, we pride\nourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the\nuser community. If you choose to contribute by sending us or our employees any ideas for products, services,\nfeatures, modifications, enhancements, content, refinements, technologies, content offerings (such as audio,\nvisual, games, or other types of content), promotions, strategies, or product/feature names, or any related\ndocumentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless\nof what your accompanying communication may say, the following terms will apply, so that the status of such\nFeedback is clearly understood by you and us. Accordingly, by sending Feedback to us, you agree that:\nwe have no obligation to review, consider, or implement your Feedback, or to return to you all or\npart of any Feedback for any reason;\nFeedback is provided on a non-confidential basis, and we are not under any obligation to keep\nany Feedback you send confidential or to refrain from using or disclosing it in any way; and\nyou irrevocably grant us an unconditional, non-exclusive, royalty free, fully transferable\n(including sub-licensable), perpetual worldwide and unlimited license to adapt, reproduce,\ndistribute, create derivative works of, modify, publicly perform (including on a through-to-the-\naudience basis), communicate to the public, make available, publicly display, and otherwise use\n\nand exploit the Feedback and derivatives thereof for any purpose and without restriction, free of\ncharge and without attribution of any kind, including by making, using, selling, offering for sale,\nimporting, and promoting commercial products and services that incorporate or embody\nFeedback, whether in whole or in part, and whether as provided or as modified.\n10. Indemnity\nYou agree to defend, indemnify, and hold harmless TikTok, its parents, subsidiaries, and affiliates, and each of\ntheir respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs,\ndamages, losses and expenses (including, but not limited to, attorneys’ fees and expenses) arising out of or in\nconnection with any breach by you (or any user of your account for any of the Services) of these Terms, including\nbut not limited to a breach of your obligations, representation and warranties.\n11. EXCLUSION OF WARRANTIES\nNOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU: (I) CANNOT\nCONTRACTUALLY AGREE TO ALTER OR WAIVE; AND (II) ARE LEGALLY ALWAYS ENTITLED TO AS A\nCONSUMER.\nTHE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU\nWITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:\nYOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;\nYOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE\nFROM ERROR;\nANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES\nWILL BE ACCURATE OR RELIABLE OR FREE FROM ERROR; AND\nDEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO\nYOU AS PART OF THE SERVICES WILL BE CORRECTED.\nTO THE EXTENT ALLOWED UNDER APPLICABLE LAW, NO CONDITIONS, REPRESENTATIONS,\nWARRANTIES, STATEMENTS OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO\nSATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO\nTHE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE\nMAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR\nPLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.\n12. LIMITATION OF LIABILITY\nNOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT\nBE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH\nOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES,\nAGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.\n\nSUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU WHETHER\nIN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR\nOTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OR\nRECEIPT OF THE SERVICES FOR : (I) ANY LOSS OF PROFIT (II) ANY LOSS OF\nGOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA; (V) ANY LOSS\nOF BUSINESS; (VI) ANY BUSINESS INTERRUPTION; (VII) ANY LOSS OF BUSINESS\nREPUTATION; OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER\nNATURE. \nSUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL AGGREGATE\nLIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY\nSTATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE\nPROVISION AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE HIGHER OF: (I)\nTHE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE 12 MONTH PERIOD IMMEDIATELY\nPRECEDING YOUR CLAIM AGAINST TIKTOK; OR (II) € 100.00. \nYOU ACKNOWLEDGE AND AGREE THAT SUBJECT TO THE FIRST PARAGRAPH OF THIS\nSECTION 12, WE SHALL NOT BE LIABLE WHETHER IN CONTRACT, IN TORT\n(INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE FOR ANY LIABILITY,\nLOSS, EXPENSE (INCLUDING LEGAL FEES), COST CLAIM OR DAMAGES WHICH MAY\nBE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION\nWITH: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR\nEXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR\nTRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE\nADVERTISING APPEARS ON THE SERVICES; ANY CHANGES WHICH WE MAY MAKE TO\nTHE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE\nPROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE\nDELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER\nCOMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE\nOF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT\nINFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS\nSECURE AND CONFIDENTIAL.\nPLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU\nAGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES UNLESS WE\nHAVE GRANTED EXPRESS WRITTEN CONSENT. \nIF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL\nCONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE\nAND SKILL, WE WILL EITHER REPAIR THE DAMAGE (IN WHICH CASE YOU WILL BE RESPONSIBLE\nFOR COMPLYING WITH OUR DIRECTIONS IN RELATION TO THE DELIVERY OF THE DEVICE TO US OR\nOUR SERVICE PROVIDERS) OR PAY YOU REASONABLE COMPENSATION. HOWEVER, WE WILL NOT BE\nLIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN\nUPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING\n\nTO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM\nSYSTEM REQUIREMENTS ADVISED BY US.\nTHESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN\nADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.\nYOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR\nSERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE\nCHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. \n13. Other Terms\nGoverning Law and Jurisdiction. \nResidents of the EEA and Switzerland. These Terms and any dispute or claim (including\nnon-contractual disputes or claims) arising out of or in connection with their subject matter,\nare governed by the laws of Ireland subject only to any applicable mandatory law in the\ncountry in which you reside. The United Nations Convention on Contracts for the International\nSale of Goods as well as any other similar law, regulation or statute in effect in any other\njurisdiction shall not apply. You and TikTok agree that the Irish courts shall have non-\nexclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or\nclaims) arising out of or in connection with the Terms or their subject matter or formation\nsubject only to any applicable mandatory law in the country in which you reside or choice of\njurisdiction provisions that cannot be varied by contract. Alternatively, you may raise the\ndispute with an alternative dispute resolution body via the EU Commission’s Online Dispute\nResolution (ODR) Platform.\n\nResidents of the United Kingdom. These Terms and any dispute or claim (including non-\ncontractual disputes or claims) arising out of or in connection with their subject matter, are\ngoverned by the laws of England and Wales. The United Nations Convention on Contracts for\nthe International Sale of Goods as well as any other similar law, regulation or statute in effect\nin any other jurisdiction shall not apply. You and TikTok agree that the courts of England and\nWales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-\ncontractual disputes or claims) arising out of or in connection with the Terms or their subject\nmatter or formation. Alternatively, you may raise the dispute with an alternative dispute\nresolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.\n\nOpen Source. The Apps contain certain open source software. Each item of open source\nsoftware is subject to its own applicable license terms, which can be found in our Open Source\nPolicy.\n\nEntire Agreement. These Terms (including the Supplemental Terms below) constitute the\nwhole legal agreement between you and TikTok and replace any prior applicable Terms and\nConditions that governed the service prior to the Last Updated date specified above.\n\nNo Waiver. Our failure to insist upon or enforce any provision of these Terms (or to exercise any\nother right or remedy under these Terms) shall not be construed as a waiver of any provision or\nright under these Terms nor shall it prevent or restrict the further exercise of that or any other\nright or remedy.\nSecurity. You are responsible for configuring your information technology, computer\nprogrammes and platform to access our Platform. You should use your own virus protection\nsoftware. \nSeverability. If any court of law, having jurisdiction to decide on this matter, rules that any\nprovision of these Terms is invalid, illegal or unenforceable then that provision shall be removed\nfrom the Terms without affecting the rest of the Terms, and the remaining provisions of the\nTerms will continue to be valid and enforceable.\nQuestions? Contact us at: https://www.tiktok.com/legal/report/feedback. \nConsequences of termination. In the event of the termination of the legally binding agreement\nbetween you and us, the following provisions of the Terms shall survive termination: \nOur right to use and disclose Feedback as described in Section 9\nOther users’ rights to further re-share User Content and any other information you shared\nthrough the Services to the extent you did so prior to termination\nAny amounts owed by you to TikTok\nSections 10, 11, 12 and 13. \nSupplemental Terms – App Stores\nTo the extent permitted by applicable law, the following supplemental terms shall apply: \nNotice regarding Apple. By accessing the Platform through a device made by Apple, Inc. (“Apple”), you\nspecifically acknowledge and agree that:\nThese Terms are between TikTok and you; Apple is not a party to these Terms.\nThe license granted to you hereunder is limited to a personal, limited, non-exclusive, non-\ntransferable right to install the Platform on the Apple device(s) authorised by Apple that you own\nor control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App\nStore Terms of Services.\nApple is not responsible for the Platform or the content thereof and has no obligation\nwhatsoever to furnish any maintenance or support services with respect to the Platform.\nIn the event of any failure of the Platform to conform to any applicable warranty, you may notify\nApple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum\n\nextent permitted by applicable law, Apple will have no other warranty obligation whatsoever with\nrespect to the Platform.\nApple is not responsible for addressing any claims by you or a third party relating to the Platform\nor your possession or use of the Platform, including without limitation (a) product liability claims;\n(b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement;\nand (c) claims arising under consumer protection or similar legislation.\nIn the event of any third party claim that the Platform or your possession and use of the Platform\ninfringes such third party’s intellectual property rights, Apple is not responsible for the\ninvestigation, defence, settlement or discharge of such intellectual property infringement claim.\nYou represent and warrant that (a) you are not located in a country that is subject to a U.S.\nGovernment embargo, or that has been designated by the U.S. Government as a “terrorist\nsupporting” country; and (b) you are not listed on any U.S. Government list of prohibited or\nrestricted parties.\nApple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance\nof the terms and conditions of these Terms, Apple will have the right (and will be deemed to\nhave accepted the right) to enforce these Terms against you as a third party beneficiary hereof.\nTikTok expressly authorises use of the Platform by multiple users through the Family Sharing or\nany similar functionality provided by Apple.\nWindows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors)\noperated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:\nYou may install and use one copy of the Platform on up to five (5) Windows Phone enabled\ndevices that are affiliated with the Microsoft account you use to access the Windows Phone\nStore. Beyond that, we reserve the right to apply additional conditions or charge additional fees.\nYou acknowledge that Microsoft Corporation, your phone manufacturer and network operator\nhave no obligation whatsoever to furnish any maintenance and support services with respect to\nthe Platform.\nAmazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by\nAmazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:\nto the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms\nwhich Amazon designates as default end user license terms for the Amazon Appstore (“Amazon\nAppstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon\nAppstore EULA Terms shall apply with respect to your use of the Platform that you download\nfrom the Amazon Appstore, and\nAmazon does not have any responsibility or liability related to compliance or non-compliance by\nTikTok or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.\n\nGoogle Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one\nof its affiliates (“Google”), you specifically acknowledge and agree that: \nto the extent of any conflict between (a) the Google Play Terms of Services and the Google Play\nBusiness and Program Policies or such other terms which Google designates as default end\nuser license terms for Google Play (all of which together are referred to as the “Google Play\nTerms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall\napply with respect to your use of the Platform that you download from Google Play, and\nyou hereby acknowledge that Google does not have any responsibility or liability related to\ncompliance or non-compliance by TikTok or you (or any other user) under these Terms or the\nGoogle Play Terms.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Twitter","url":"https://twitter.com/en/tos","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"19.08.2021"},"document":{"title":"","text":"Twitter Terms of Service\nIf you live outside the European Union, EFTA States, or the United Kingdom, including if you live in\nthe United States, the Twitter User Agreement comprises these Terms of Service, our Privacy Policy,\nthe Twitter Rules and Policies, and all incorporated policies\nIf you live in the European Union, EFTA States, or the United Kingdom, the Twitter User Agreement\ncomprises these Terms of Service, our Privacy Policy, the Twitter Rules and Policies, and all incorporated\npolicies.\n \n \nTwitter Terms of Service\nIf you live outside the European Union, EFTA States, or the United\nKingdom, including if you live in the United States\nThese Terms of Service (“Terms”) govern your access to and use of our services, including our various\nwebsites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and\nour other covered services (https://help.twitter.com/en/rules-and-policies/twitter-services-and-corporate-\naffiliates) that link to these Terms (collectively, the “Services”), and any information, text, links, graphics,\nphotos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on\nthe Services (collectively referred to as “Content”). By using the Services you agree to be bound by these\nTerms.\n \n1. Who May Use the Services\nYou may use the Services only if you agree to form a binding contract with Twitter and are not a person\nbarred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least\n13 years old, or in the case of Periscope 16 years old, to use the Services. If you are accepting these Terms\nand using the Services on behalf of a company, organization, government, or other legal entity, you represent\nand warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in\nwhich case the words “you” and “your” as used in these Terms shall refer to such entity.\n \n2. Privacy\nOur Privacy Policy (https://www.twitter.com/privacy) describes how we handle the information you provide\nto us when you use our Services. You understand that through your use of the Services you consent to the\ncollection and use (as set forth in the Privacy Policy) of this information, including the transfer of this\ninformation to the United States, Ireland, and/or other countries for storage, processing and use by Twitter\nand its affiliates.\n \n3. Content on the Services\n\nYou are responsible for your use of the Services and for any Content you provide, including compliance with\napplicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing\nwith others.\nAny use or reliance on any Content or materials posted via the Services or obtained by you through the\nServices is at your own risk. We do not endorse, support, represent or guarantee the completeness,\ntruthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse\nany opinions expressed via the Services. You understand that by using the Services, you may be exposed to\nContent that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings\nthat have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who\noriginated such Content. We may not monitor or control the Content posted via the Services and, we cannot\ntake responsibility for such Content.\nWe reserve the right to remove Content that violates the User Agreement, including for example, copyright\nor trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or\nharassment. Information regarding specific policies and the process for reporting or appealing violations can\nbe found in our Help Center (https://help.twitter.com/en/rules-and-policies/twitter-report-violation#specific-\nviolations and https://help.twitter.com/en/managing-your-account/suspended-twitter-accounts).\nIf you believe that your Content has been copied in a way that constitutes copyright infringement, please\nreport this by visiting our Copyright reporting form (https://help.twitter.com/forms/dmca) or contacting our\ndesignated copyright agent at:\nTwitter, Inc.\nAttn: Copyright Agent\n1355 Market Street, Suite 900\nSan Francisco, CA 94103\nReports: https://help.twitter.com/forms/dmca\nEmail: [email protected]\n(for content on Twitter)\nTwitter, Inc.\nAttn: Copyright Agent - Periscope\n1355 Market Street, Suite 900\nSan Francisco, CA 94103\nReports: https://help.twitter.com/forms/dmca\nEmail: [email protected]\n(for content on Periscope)\nYour Rights and Grant of Rights in the Content\nYou retain your rights to any Content you submit, post or display on or through the Services. What’s yours is\nyours — you own your Content (and your incorporated audio, photos and videos are considered part of the\nContent).\n\nBy submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-\nexclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify,\npublish, transmit, display and distribute such Content in any and all media or distribution methods now\nknown or later developed (for clarity, these rights include, for example, curating, transforming, and\ntranslating). This license authorizes us to make your Content available to the rest of the world and to let\nothers do the same. You agree that this license includes the right for Twitter to provide, promote, and\nimprove the Services and to make Content submitted to or through the Services available to other companies,\norganizations or individuals for the syndication, broadcast, distribution, Retweet, promotion or publication of\nsuch Content on other media and services, subject to our terms and conditions for such Content use. Such\nadditional uses by Twitter, or other companies, organizations or individuals, is made with no compensation\n\npaid to you with respect to the Content that you submit, post, transmit or otherwise make available through\nthe Services as the use of the Services by you is hereby agreed as being sufficient compensation for the\nContent and grant of rights herein.\nTwitter has an evolving set of rules for how ecosystem partners can interact with your Content on the\nServices. These rules exist to enable an open ecosystem with your rights in mind. You understand that we\nmay modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our\npartners and/or make changes to your Content in order to adapt the Content to different media.\nYou represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power\nand/or authority necessary to grant the rights granted herein for any Content that you submit, post or display\non or through the Services. You agree that such Content will not contain material subject to copyright or\nother proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the\nmaterial and to grant Twitter the license described above.\n \n4. Using the Services\nPlease review the Twitter Rules and Policies (and, for Periscope, the Periscope Community\nGuidelines at https://www.pscp.tv/content), which are part of the User Agreement and outline what is\nprohibited on the Services. You may use the Services only in compliance with these Terms and all applicable\nlaws, rules and regulations.\nOur Services evolve constantly. As such, the Services may change from time to time, at our discretion. We\nmay stop (permanently or temporarily) providing the Services or any features within the Services to you or to\nusers generally. We also retain the right to create limits on use and storage at our sole discretion at any time.\nWe may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any\nContent on the service, suspend or terminate users, and reclaim usernames without liability to you. Twitter\nmay offer certain services or features for a fee; by paying for or using one of these services, you agree to any\nadditional terms applicable to that service.\nIn consideration for Twitter granting you access to and use of the Services, you agree that Twitter and its\nthird-party providers and partners may place advertising on the Services or in connection with the display of\nContent or information from the Services whether submitted by you or others. You also agree not to misuse\nour Services, for example, by interfering with them or accessing them using a method other than the interface\nand the instructions that we provide. You may not do any of the following while accessing or using the\nServices: (i) access, tamper with, or use non-public areas of the Services, Twitter’s computer systems, or the\ntechnical delivery systems of Twitter’s providers; (ii) probe, scan, or test the vulnerability of any system or\nnetwork or breach or circumvent any security or authentication measures; (iii) access or search or attempt to\naccess or search the Services by any means (automated or otherwise) other than through our currently\navailable, published interfaces that are provided by Twitter (and only pursuant to the applicable terms and\nconditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE:\ncrawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however,\nscraping the Services without the prior consent of Twitter is expressly prohibited); (iv) forge any TCP/IP\npacket header or any part of the header information in any email or posting, or in any way use the Services to\nsend altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to\ndo so), the access of any user, host or network, including, without limitation, sending a virus, overloading,\nflooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as\nto interfere with or create an undue burden on the Services. We also reserve the right to access, read,\npreserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law,\nregulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential\nviolations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to\nuser support requests, or (v) protect the rights, property or safety of Twitter, its users and the public. Twitter\ndoes not disclose personally-identifying information to third parties except in accordance with our Privacy\nPolicy.\n\nIf you use developer features of the Services, including but not limited to Twitter for\nWebsites (https://developer.twitter.com/en/docs/twitter-for-websites), Twitter\nCards (https://developer.twitter.com/en/docs/twitter-for-websites/cards/overview/abouts-cards), Public\nAPI (https://developer.twitter.com/en/docs), or Sign in with\nTwitter (https://developer.twitter.com/en/docs/authentication/guides/log-in-with-twitter), you agree to\nour Developer Agreement (https://developer.twitter.com/en/developer-terms/agreement) and Developer\nPolicy (https://developer.twitter.com/en/developer-terms/policy). If you want to reproduce, modify, create\nderivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the\nServices or Content on the Services, you must use the interfaces and instructions we provide, except as\npermitted through the Twitter Services, these Terms, or the terms provided\non https://developer.twitter.com/en/developer-terms. If you are a security researcher, you are required to\ncomply with the rules of the Twitter Vulnerability Reporting Program (https://hackerone.com/twitter). The\nrequirements set out in the preceding paragraph may not apply to those participating in Twitter’s\nVulnerability Reporting Program.\nIf you use advertising features of the Services, you must agree to our Twitter Master Services\nAgreement (https://ads.twitter.com/terms).\nIf you use Super Hearts, Coins, or Stars on Periscope, you must agree to our Super Hearts\nTerms (https://legal.twitter.com/en/periscope/super/terms.html).\nYour Account\nYou may need to create an account to use some of our Services. You are responsible for safeguarding your\naccount, so use a strong password and limit its use to this account. We cannot and will not be liable for any\nloss or damage arising from your failure to comply with the above.\n\nYou can control most communications from the Services. We may need to provide you with certain\ncommunications, such as service announcements and administrative messages. These communications are\nconsidered part of the Services and your account, and you may not be able to opt-out from receiving them. If\nyou added your phone number to your account and you later change or deactivate that phone number, you\nmust update your account information to help prevent us from communicating with anyone who acquires\nyour old number.\nYour License to Use the Services\nTwitter gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the\nsoftware provided to you as part of the Services. This license has the sole purpose of enabling you to use and\nenjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms.\n\nThe Services are protected by copyright, trademark, and other laws of both the United States and other\ncountries. Nothing in the Terms gives you a right to use the Twitter name or any of the Twitter trademarks,\nlogos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and\ninterest in and to the Services (excluding Content provided by users) are and will remain the exclusive\nproperty of Twitter and its licensors. Any feedback, comments, or suggestions you may provide regarding\nTwitter, or the Services is entirely voluntary and we will be free to use such feedback, comments or\nsuggestions as we see fit and without any obligation to you.\nEnding These Terms\nYou may end your legal agreement with Twitter at any time by deactivating your accounts and discontinuing\nyour use of the Services. See https://help.twitter.com/en/managing-your-account/how-to-deactivate-twitter-\naccount (and for Periscope, https://help.pscp.tv/customer/portal/articles/2460220) for instructions on how to\ndeactivate your account and the Privacy Policy for more information on what happens to your information.\n\nWe may suspend or terminate your account or cease providing you with all or part of the Services at any time\nfor any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms\nor the Twitter Rules and Policies or Periscope Community Guidelines, (ii) you create risk or possible legal\nexposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be\nremoved due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially\nviable. We will make reasonable efforts to notify you by the email address associated with your account or\nthe next time you attempt to access your account, depending on the circumstances. In all such cases, the\nTerms shall terminate, including, without limitation, your license to use the Services, except that the\nfollowing sections shall continue to apply: 2, 3, 5, and 6. If you believe your account was terminated in error\nyou can file an appeal following the steps found in our Help Center (https://help.twitter.com/forms/general?\nsubtopic=suspended). For the avoidance of doubt, these Terms survive the deactivation or termination of\nyour account.\n \n5. Disclaimers and Limitations of Liability\nThe Services are Available \"AS-IS\"\nYour access to and use of the Services or any Content are at your own risk. You understand and agree that the\nServices are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Twitter Entities” refers to\nTwitter, its parents, affiliates, related companies, officers, directors, employees, agents, representatives,\npartners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable\nlaw, THE TWITTER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER\nEXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR\nNON-INFRINGEMENT. The Twitter Entities make no warranty or representation and disclaim all\nresponsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability\nof the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results\nfrom your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to\ntransmit, any Content and other communications maintained by the Services; and (iv) whether the Services\nwill meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or\ninformation, whether oral or written, obtained from the Twitter Entities or through the Services, will create\nany warranty or representation not expressly made herein.\n\nLimitation of Liability\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWITTER ENTITIES\nSHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR\nPUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED\nDIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE\nLOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR\nUSE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE\nSERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL\nCONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE\nSERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS\nOR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES\nEXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU\nPAID TWITTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE\nCLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF\nLIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING\nNEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN\nINFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET\nFORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.\n\n \n\n6. General\nWe may revise these Terms from time to time. The changes will not be retroactive, and the most current\nversion of the Terms, which will always be at twitter.com/tos, will govern our relationship with you. We will\ntry to notify you of material revisions, for example via a service notification or an email to the email\nassociated with your account. By continuing to access or use the Services after those revisions become\neffective, you agree to be bound by the revised Terms.\n\nThe laws of the State of California, excluding its choice of law provisions, will govern these Terms and any\ndispute that arises between you and Twitter. All disputes related to these Terms or the Services will be\nbrought solely in the federal or state courts located in San Francisco County, California, United States, and\nyou consent to personal jurisdiction and waive any objection as to inconvenient forum.\n\nIf you are a federal, state, or local government entity in the United States using the Services in your official\ncapacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those\nclauses do not apply to you. For such U.S. federal government entities, these Terms and any action related\nthereto will be governed by the laws of the United States of America (without reference to conflict of laws)\nand, in the absence of federal law and to the extent permitted under federal law, the laws of the State of\nCalifornia (excluding choice of law).\nIn the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will\nbe limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will\nremain in full force and effect. Twitter’s failure to enforce any right or provision of these Terms will not be\ndeemed a waiver of such right or provision.\nThese Terms are an agreement between you and Twitter, Inc., 1355 Market Street, Suite 900, San Francisco,\nCA 94103 U.S.A. If you have any questions about these Terms, please contact us.\nEffective: August 19, 2021\n\nArchive of Previous Terms\n \n \n \nTwitter Terms of Service\nIf you live in the European Union, EFTA States, or the United Kingdom\nThese Terms of Service (“Terms”) govern your access to and use of our services, including our various\nwebsites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our\nother covered services (https://help.twitter.com/en/rules-and-policies/twitter-services-and-corporate-\naffiliates) that link to these Terms (collectively, the “Services”), and any information, text, links, graphics,\nphotos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on\nthe Services (collectively referred to as “Content”). By using the Services you agree to be bound by these\nTerms.\n \n1. Who May Use the Services\n\nYou may use the Services only if you agree to form a binding contract with Twitter and are not a person\nbarred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least\n13 years old, or in the case of Periscope 16 years old, to use the Services. If you are accepting these Terms\nand using the Services on behalf of a company, organization, government, or other legal entity, you represent\nand warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in\nwhich case the words “you” and “your” as used in these Terms shall refer to such entity.\n \n2. Privacy\nOur Privacy Policy (https://www.twitter.com/privacy) describes how we handle the information you provide\nto us when you use our Services. You understand that through your use of the Services you consent to the\ncollection and use (as set forth in the Privacy Policy) of this information, including the transfer of this\ninformation to the United States, Ireland, and/or other countries for storage, processing and use by Twitter\nand its affiliates.\n \n3. Content on the Services\nYou are responsible for your use of the Services and for any Content you provide, including compliance with\napplicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing\nwith others.\nAny use or reliance on any Content or materials posted via the Services or obtained by you through the\nServices is at your own risk. We do not endorse, support, represent or guarantee the completeness,\ntruthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse\nany opinions expressed via the Services. You understand that by using the Services, you may be exposed to\nContent that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings\nthat have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who\noriginated such Content. We may not monitor or control the Content posted via the Services and, we cannot\ntake responsibility for such Content.\nWe reserve the right to remove Content that violates the User Agreement, including for example, copyright\nor trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or\nharassment. Information regarding specific policies and the process for reporting or appealing violations can\nbe found in our Help Center (https://help.twitter.com/en/rules-and-policies/twitter-report-violation#specific-\nviolations and https://help.twitter.com/en/managing-your-account/suspended-twitter-accounts).\nIf you believe that your Content has been copied in a way that constitutes copyright infringement, please\nreport this by visiting our Copyright reporting form (https://help.twitter.com/forms/dmca) or contacting our\ndesignated copyright agent at:\nTwitter, Inc.\n\nAttn: Copyright Agent\n\n1355 Market Street, Suite 900\n\nSan Francisco, CA 94103\n\nReports: https://help.twitter.com/forms/dmca\n\nEmail: [email protected]\n\n(for content on Twitter)\nTwitter, Inc.\n\nAttn: Copyright Agent - Periscope\n\n1355 Market Street, Suite 900\n\nSan Francisco, CA 94103\n\n\nReports: https://help.twitter.com/forms/dmca\nEmail: [email protected]\n(for content on Periscope)\nYour Rights and Grant of Rights in the Content\nYou retain your rights to any Content you submit, post or display on or through the Services. What’s yours is\nyours — you own your Content (and your incorporated audio, photos and videos are considered part of the\nContent).\nBy submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-\nexclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify,\npublish, transmit, display and distribute such Content in any and all media or distribution methods now\nknown or later developed (for clarity, these rights include, for example, curating, transforming, and\ntranslating). This license authorizes us to make your Content available to the rest of the world and to let\nothers do the same. You agree that this license includes the right for Twitter to provide, promote, and\nimprove the Services and to make Content submitted to or through the Services available to other companies,\norganizations or individuals for the syndication, broadcast, distribution, Retweet, promotion or publication of\nsuch Content on other media and services, subject to our terms and conditions for such Content use. Such\nadditional uses by Twitter, or other companies, organizations or individuals, is made with no compensation\npaid to you with respect to the Content that you submit, post, transmit or otherwise make available through\nthe Services as the use of the Services by you is hereby agreed as being sufficient compensation for the\nContent and grant of rights herein.\nTwitter has an evolving set of rules for how ecosystem partners can interact with your Content on the\nServices. These rules exist to enable an open ecosystem with your rights in mind. You understand that we\nmay modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our\npartners and/or make changes to your Content in order to adapt the Content to different media.\nYou represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power\nand/or authority necessary to grant the rights granted herein for any Content that you submit, post or display\non or through the Services. You agree that such Content will not contain material subject to copyright or\nother proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the\nmaterial and to grant Twitter the license described above.\n \n4. Using the Services\nPlease review the Twitter Rules and Policies (and, for Periscope, the Periscope Community\nGuidelines at https://pscp.tv/content), which are part of the User Agreement and outline what is prohibited on\nthe Services. You may use the Services only in compliance with these Terms and all applicable laws, rules\nand regulations.\nOur Services evolve constantly. As such, the Services may change from time to time, at our discretion. We\nmay stop (permanently or temporarily) providing the Services or any features within the Services to you or to\nusers generally. We also retain the right to create limits on use and storage at our sole discretion at any time.\nWe may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any\nContent on the service, suspend or terminate users, and reclaim usernames without liability to you. Twitter\nmay offer certain services or features for a fee; by paying for or using one of these services, you agree to any\nadditional terms applicable to that service.\nIn consideration for Twitter granting you access to and use of the Services, you agree that Twitter and its\nthird-party providers and partners may place advertising on the Services or in connection with the display of\nContent or information from the Services whether submitted by you or others. You also agree not to misuse\n\nour Services, for example, by interfering with them or accessing them using a method other than the interface\nand the instructions that we provide. You may not do any of the following while accessing or using the\nServices: (i) access, tamper with, or use non-public areas of the Services, Twitter’s computer systems, or the\ntechnical delivery systems of Twitter’s providers; (ii) probe, scan, or test the vulnerability of any system or\nnetwork or breach or circumvent any security or authentication measures; (iii) access or search or attempt to\naccess or search the Services by any means (automated or otherwise) other than through our currently\navailable, published interfaces that are provided by Twitter (and only pursuant to the applicable terms and\nconditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE:\ncrawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however,\nscraping the Services without the prior consent of Twitter is expressly prohibited); (iv) forge any TCP/IP\npacket header or any part of the header information in any email or posting, or in any way use the Services to\nsend altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to\ndo so), the access of any user, host or network, including, without limitation, sending a virus, overloading,\nflooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as\nto interfere with or create an undue burden on the Services. We also reserve the right to access, read,\npreserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law,\nregulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential\nviolations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to\nuser support requests, or (v) protect the rights, property or safety of Twitter, its users and the public. Twitter\ndoes not disclose personally-identifying information to third parties except in accordance with our Privacy\nPolicy.\nIf you use developer features of the Services, including but not limited to Twitter for\nWebsites (https://developer.twitter.com/docs/twitter-for-websites), Twitter\nCards (https://developer.twitter.com/en/docs/twitter-for-websites/cards/overview/abouts-cards), Public\nAPI (https://developer.twitter.com/en/docs), or Sign in with\nTwitter (https://developer.twitter.com/en/docs/authentication/guides/log-in-with-twitter), you agree to\nour Developer Agreement (https://developer.twitter.com/en/developer-terms/agreement) and Developer\nPolicy (https://developer.twitter.com/en/developer-terms/policy). If you want to reproduce, modify, create\nderivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the\nServices or Content on the Services, you must use the interfaces and instructions we provide, except as\npermitted through the Twitter Services, these Terms, or the terms provided\non https://developer.twitter.com/en/developer-terms. If you are a security researcher, you are required to\ncomply with the rules of the Twitter Vulnerability Reporting Program (https://hackerone.com/twitter). The\nrequirements set out in the preceding paragraph may not apply to those participating in Twitter’s\nVulnerability Reporting Program.\nIf you use advertising features of the Services, you must agree to our Twitter Master Services\nAgreement (https://ads.twitter.com/terms).\nIf you use Super Hearts, Coins, or Stars on Periscope, you agree to our Super Hearts\nTerms (https://legal.twitter.com/en/periscope/super/terms.html).\nYour Account\nYou may need to create an account to use some of our Services. You are responsible for safeguarding your\naccount, so use a strong password and limit its use to this account. We cannot and will not be liable for any\nloss or damage arising from your failure to comply with the above.\n\nYou can control most communications from the Services. We may need to provide you with certain\ncommunications, such as service announcements and administrative messages. These communications are\nconsidered part of the Services and your account, and you may not be able to opt-out from receiving them. If\nyou added your phone number to your account and you later change or deactivate that phone number, you\nmust update your account information to help prevent us from communicating with anyone who acquires\nyour old number.\n\nYour License to Use the Services\nTwitter gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the\nsoftware provided to you as part of the Services. This license has the sole purpose of enabling you to use and\nenjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms.\n\nThe Services are protected by copyright, trademark, and other laws of both the United States and other\ncountries. Nothing in the Terms gives you a right to use the Twitter name or any of the Twitter trademarks,\nlogos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and\ninterest in and to the Services (excluding Content provided by users) are and will remain the exclusive\nproperty of Twitter and its licensors. Any feedback, comments, or suggestions you may provide regarding\nTwitter, or the Services is entirely voluntary and we will be free to use such feedback, comments or\nsuggestions as we see fit and without any obligation to you.\nEnding These Terms\nYou may end your legal agreement with Twitter at any time by deactivating your accounts and discontinuing\nyour use of the Services. See https://help.twitter.com/en/managing-your-account/how-to-deactivate-twitter-\naccount (and for Periscope, https://help.pscp.tv/customer/portal/articles/2460220) for instructions on how to\ndeactivate your account and the Privacy Policy for more information on what happens to your information.\nWe may suspend or terminate your account or cease providing you with all or part of the Services at any time\nfor any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms\nor the Twitter Rules and Policies or Periscope Community Guidelines, (ii) you create risk or possible legal\nexposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be\nremoved due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially\nviable. We will make reasonable efforts to notify you by the email address associated with your account or\nthe next time you attempt to access your account, depending on the circumstances. In all such cases, the\nTerms shall terminate, including, without limitation, your license to use the Services, except that the\nfollowing sections shall continue to apply: 2, 3, 5, and 6. If you believe your account was terminated in error\nyou can file an appeal following the steps found in our Help Center (https://help.twitter.com/forms/general?\nsubtopic=suspended). For the avoidance of doubt, these Terms survive the deactivation or termination of\nyour account.\n \n5. Limitations of Liability\nBy using the Services you agree that Twitter, its parents, affiliates, related companies, officers, directors,\nemployees, agents representatives, partners and licensors, liability is limited to the maximum extent\npermissible in your country of residence.\n\n \n6. General\nWe may revise these Terms from time to time. The changes will not be retroactive, and the most\ncurrent version of the Terms, which will always be at twitter.com/tos, will govern our relationship\nwith you. Other than for changes addressing new functions or made for legal reasons, we will\nnotify you 30 days in advance of making effective changes to these Terms that impact the rights\nor obligations of any party to these Terms, for example via a service notification or an email to the\nemail associated with your account. By continuing to access or use the Services after those\nrevisions become effective, you agree to be bound by the revised Terms.\n\nIn the event that any provision of these Terms is held to be invalid or unenforceable, then that\nprovision will be limited or eliminated to the minimum extent necessary, and the remaining\nprovisions of these Terms will remain in full force and effect. Twitter’s failure to enforce any right or\nprovision of these Terms will not be deemed a waiver of such right or provision.\nThese Terms are an agreement between you and Twitter International Company, (Co. number\n503351, VAT number IE9803175Q), an Irish company with its registered office at One Cumberland\nPlace, Fenian Street Dublin 2, D02 AX07 Ireland. If you have any questions about these Terms,\nplease contact us.\nEffective: August 19, 2021\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Zenly","url":"https://zen.ly/terms","lang":"ENG","sector":"Social","hq":"France","hq_category":"EU","is_public":"Indirectly public","is_paid":"Free","date":"06.10.2021"},"document":{"title":"","text":"ZENLY TERMS OF SERVICE\nLast modified: October 6th, 2021\nWelcome :)\nIn case you’re not familiar, Zenly is an app that makes it fun and easy to know what your\nfriends and family are up to and keep memories of\nyour real life interactions. Want to see\nhow much you really know about\nyour hometown? Show off how much of the world you’ve\nexplored? Lost your friends at a festival, on the beach, or on the slopes? We’ve got you\ncovered! With Zenly, you can keep up with the people you care about the most, both near\nand far, create a personal diary of where you’ve been, or publicly showcase the places\nyou’ve visited.\nWe’ve drafted these Terms of Service (which we aptly call the “Terms”)\nso you’ll know the\nrules that apply when you use the Zenly app or any of our other products or services that link\nto these terms (we refer to these simply as the “Services”). Although we’ve tried our best to\nstrip the legalese from the Terms, there are places where these Terms may still read like a\ntraditional contract. There’s a good reason for that: these Terms do indeed form a legally\nbinding contract between you and Zenly S.A.S. (“Zenly”). So please read them carefully. 😙\nIn order to use the Services, you must have accepted these Terms, which are presented to\nyou (i) when you first open the app and (ii) when\nwe make any material changes to the\nTerms. Of course, if you don’t accept them, then don’t use the Services.\n🤔 1. Who Can Use the Services\nNo one under 13 is allowed to create an account or use the Services. Additionally, you must\nbe old enough to consent to the processing of your information in your country.\nBy using the Services, you state that you can form a binding contract\nwith Zenly and will\ncomply with these Terms and all applicable local, state, national, and international laws,\nrules, and regulations.\n\nThe Services should not be used for business or commercial purposes. If you wish to use the\nServices for businesses or commercial purposes please contact [email protected].\n👛 2. Your account\nIn order to use the Services you are required to create an account. Creating an account is\neasy: just follow the steps in the app! Here is some important information about your account:\n💡 Name and Username\nWe ask you to pick a name when you create an account. This is the name that will displayed\nwhen you use the app. If you want your friends to easily recognize you we recommend that\nyou use a nickname if that’s what your friends call you. You will also be able to pick a\nusername after creating your account, so you can show your creativity to your friends later on\nwith aliases such as StarlightUn🦄corn! Remember: most of the information in your profile is\npublic and will be visible to the Zenly community. This means that friends of friends can find\nyou via the public friend lists and if you use social features your\nprofile may be visible to\nlarger Zenly community.\n☎️\n Phone number and verification\nYou will need an active phone number to create an account. To make sure other people don’t\nstart creating accounts with your phone number, we ask you to verify your phone number\nwhen creating an account. We do this by sending a text message with a verification code to\nthe phone number you specify when registering an account. To complete the registration you\nwill need to enter the verification code in the Zenly app. We also ask for your phone number\nif you want to use our web based services, and will send a notice to your device to confirm\nyou’re the one requesting access. Please remember, your Zenly account is tied to your\nphone number, so make sure that your phone number remains valid in order to continue\nusing the Services. If your phone number becomes invalid you will no longer be able to\naccess the Services. If you want to keep your data when changing your phone number,\nplease contact us at [email protected].\n📍 Geolocation\nZenly is a location based app. Therefore, we need to access and store\nyour location data in\norder to provide the Services to you. During registration we will request access to your\ndevice’s location. You can turn your device’s location data on and off at any time through\nyour device settings. Just remember that the Services only work when device location is\nturned on. We understand, of course, that there may be times\nthat you don’t want to share\n\nyour location data with all your friends. With that in mind, we have built some cool features in\nthe app that allow you to select different levels of location sharing on a per friend\nbasis. We\nprovide more details on this in Section 3 of these Terms and in our Privacy Policy. Have a\nlook: we think you’ll like them! 😊\n📓 Address book and friends\nZenly is the most fun when you’re interacting with your friends! Because of this, we ask for\npermission to access your address book. This\nwill give you the ability to add friends that are\nalready on Zenly as well as invite pals in your address book who have not yet joined Zenly. If\nyou’re inviting friends to Zenly keep in mind that you’ll be inviting\nthem via text message, so\nbe aware that your carrier may charge you for\nsending those text messages depending on\nyour phone plan. Also, when inviting friends, please be considerate and don’t spam your\nentire address book. 😘\n📮 Notifications\nYou can turn on notifications to get updates when friends accept your\nrequests, when friends\nreceive messages, when friends add you to a widget, and interesting tidbits on your friends’\nwhereabouts. For example, when they’ve traveled to another country like Monaco or Fiji.\n💂 Account Security\nOnce you have created your account, you remain responsible for any activity that takes place\non your Zenly account. Since creating a Zenly account doesn’t require a password, make\nsure you protect your phone with a strong password. Also, don’t give your phone to someone\nelse if you don’t want them interacting with your account. If you suspect fraudulent use or\nhijacking of your account please inform us immediately\nat [email protected]. We will do our best to\nhelp you out as soon as possible. 👮🏿\n👮🏻\n🌍 3. Location based service\nYou understand that Zenly is a location-based service. In order to provide the Services, Zenly\nrequires access to the location data of your\ndevice and needs to keep a record of your\nlocation history. You will first have to grant permission to Zenly before we can access your\nlocation data. This is done via the Android and iOS permission screens and/or device\nsettings.\nUnless you have selected a different device permission or app setting, your device location\nwill be shared when the app is running in the background and the foreground. This means\nthat, once proper permissions are granted, you don't have to actively open the app to share\n\nyour position. For example, it will allow your friends to find you easily in festivals, even while\ndoing that crazy moonwalk you like to do sometimes!\nIf you want to stop sharing your location data, you can do so at any time in your device\nsettings. When you disable location sharing through your device settings you will be unable\nto use the Services. Keep in mind that we’ve also implemented some cool features in the app\nthat allow you to limit your location sharing on a person by person basis. Visit your profile to\nsee what we mean.\nYou understand the Services work under normal conditions, but that the accuracy of location\ndata depends on a number of factors such as sufficient network coverage, wifi connection,\nand so on. For example, if\nyou’re in a building or area with low network coverage the map\nmight not display correctly and your position in the app may not reflect your accurate location\nin real life.\nThis point may be obvious, but remember that your location on the map\nis the location of\nyour device. For example, if you forget your device somewhere or lent it to a friend, your\nlocation on Zenly will not display your physical location, but instead the location of your\ndevice.\nZenly is a social network. This means that by default we share your actual location with new\nfriends you accept and you will in turn be able\nto see the location of your new friend unless\nyou or your friends changes location sharing preferences through either their device settings\nor the app itself.\nBecause Zenly is a social network, we believe that most features and products work best\nwhen they are on by default. For example, if you check-in at a place or tag a friend at a\nplace, that information will be\ndisplayed on a public leaderboard visible to the Zenly\ncommunity. Don’t\nwant that information on the leaderboard, then there are always options\nto\nremove yourself. Because of these inherently social components of Zenly, you should only\nadd friends to Zenly who you trust. Are friends spamming or stalking you? Then they\nprobably aren’t good friends, and you should consider removing them immediately and report\nthem from their\nprofile.\nYou understand that for our Services to work, we need to store your location data as long as\nyou are actively using the Services. We have provided more details on our deletion and\nretention periods in our privacy policy. Have a look here.\nThe maps we use to show your location in the app are sourced from third parties. There may\nbe geographical areas throughout the world that\nhave not yet been processed and/or\nchanges made in the world that the maps do not yet reflect such as new streets or changed\nstreet names, and\nso on. We love receiving feedback, so if you do spot any issues with the\nmap please let us know: [email protected]. We will do our best to fix bugs and other issues you\nmay flag. ☝️\n\n😙 4. Rights we grant you\nZenly grants you a personal, worldwide, royalty-free, non-assignable,\nnon-exclusive,\nrevocable, and non-sublicensable licence to access and use the Services. This licence is for\nthe sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms\nallow.\nAny software that we provide you may automatically download and install upgrades, updates,\nor other new features. You may be able to adjust these automatic downloads through your\ndevice’s settings.\nYou may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you\nreverse engineer or attempt to extract the source code of that software, unless laws prohibit\nthese restrictions or you have our written permission to do so. HOWEVER, we do love to\npartner with great companies, awesome engineers, and really creative designers, so don’t\nhesitate to reach out through [email protected]!\n🕵️\n 5. Privacy\nYour privacy matters to us. You can learn how your information is handled when you use our\nServices by reading the Privacy Policy. We encourage you to give the Privacy Policy a\ncareful l👀k.\n👭 6. Respecting other people’s rights\nZenly respects the rights of others, and so should you. You, therefore, may not use the\nServices, or enable anyone else to use the Services in a manner that:\nviolates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or\nother intellectual-property right;\nbullies, harasses, or intimidates;\ndefames;\n\nspams or solicits our users.\nYou must also respect the rights of Zenly. These Terms do not grant you any right to do any\nof the following (or enable anyone else do so):\nuse branding, logos, designs, photographs, videos, or any other materials used in our\nServices;\ncopy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make\navailable, or otherwise use any portion of the Services or the content on the Services\nexcept as authorised in these Terms;\nuse the Services, any tools provided by the Services, or any content\non the Services for\nany commercial purposes without our consent.\n👷🏿 7. Safety\nWe try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s\nwhere you come in. By using the Services, you\nagree that:\nYou will not use the Services for any purpose that is illegal or prohibited in these Terms.\nYou will not use any robot, spider, crawler, scraper, or other automated means or interface\nto access the Services or extract other users’ information.\nYou will not use or develop any third-party applications that interact with the Services or\nother users’ content or information without our written consent.\nYou will not use the Services in a way that could interfere with, disrupt, affect negatively, or\ninhibit other users from fully enjoying the Services, or that could damage, disable,\noverburden, or impair the functioning of the Services.\nYou will not use or attempt to use another user’s account without their permission.\nYou will not post content that contains pornography, graphic violence, threats, hate speech,\nor incitements to violence.\nYou will not upload viruses or other malicious code or otherwise compromise the security\nof the Services.\nYou will not attempt to circumvent any content-filtering techniques we employ, or attempt to\naccess areas or features of the Services that you are not authorised to access.\nYou will not probe, scan, or test the vulnerability of our Services or any system or network.\n\nYou will not encourage or promote any activity that violates these Terms.\nWe also care about your safety while using our Services. So please don’t use our Services in\na way that would distract you from obeying traffic or safety laws. For example, never use the\nServices while driving.\n🐴 8. Third-party services\nIf you use a service, feature or functionality that is operated by a third party and made\navailable through our Services (including Services we offer jointly with the third party), each\nparty’s terms will govern the respective party’s relationship with you. Zenly is not responsible\nor liable for a third party’s terms or actions taken under the third party’s terms.\n✍️\n 9. Modifying the Services and termination\nWe’re relentlessly improving our Services and creating new ones all the time. This means\nthat we may add or remove features, products, or functionalities, and we may also suspend\nor stop the Services altogether. We may take any of these actions at any time, and when we\ndo, we will try to notify you beforehand—but this won’t always be possible.\nThough we hope you remain a lifelong member of the Zenly community, you can terminate\nthese Terms at any time and for any reason by deleting\nyour account. You can delete your\naccount by contacting [email protected]. 😢\nZenly may also terminate these Terms with you if you fail to comply with these Terms, the\nlaw, or for any reason outside of our control. And\nwhile we’ll try to give you advance notice,\nwe can’t guarantee it. Our right to terminate these Terms means that we may stop providing\nyou with\nany Services, or impose new or additional limits on your ability to use\nthe Services.\nFor example, we may deactivate your account due to prolonged inactivity (12 months).\nRegardless of who terminates these Terms, both you and Zenly continue to be bound by\nSections 2, 6, 9 – 17 of the Terms.\n\n🌵 10. Indemnity\nYou agree, to the extent permitted by law, to indemnify, defend and hold harmless Zenly and\nour affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents\nfrom and against any complaints, charges, claims, damages, losses, costs, liabilities and\nexpenses (including attorneys’ fees) due to, arising out\nof, or relating in any way to: (a) your\naccess to or use of the Services; (b) your content; and (c) your breach of these Terms.\n🙆🏻 11. Disclaimers\nWe try to keep the Services up and running and free of annoyances,. but we cannot promise\nthat we will always succeed.\nThe Services are provided “as is” and “as available” and to the extent permitted by law\nwithout warranties of any kind, either express or implied, including, in particular implied\nwarranties, conditions, or other terms relating to (i) merchantability, satisfactory quality,\nfitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a\ncourse of dealing. In addition,\nwhile Zenly attempts to provide a good user experience, we do\nnot represent or warrant that: (a) the Services will always be secure, error-free or timely; (b)\nthe Services will always function without delays, disruption or imperfections; or (c) that any\ncontent or information you obtain through the Services will be timely or accurate.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE\nEXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS\nSHALL NOT APPLY.\nZenly and their affiliates take no responsibility and assume no liability for any content that\nyou, another user, or a third party creates, uploads, posts, sends, receives, or stores on or\nthrough our Services. You understand and agree that you may be exposed to content that\nmight be offensive, illegal, misleading, or otherwise inappropriate, none of which Zenly, nor\ntheir affiliates will be responsible for.\nNothing in these Terms will exclude or limit any responsibility we may have to remove content\nif so required by the law of the country where you live.\n\n☂️\n 12. Limitation of liability\nZenly and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and\nagents will not be liable for any indirect, incidental, special, consequential, punitive, or\nmultiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or\nany loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the\nServices or inability to use\nthe Services; (b) your access to or inability to access the Services;\n(c) the conduct or content of other users or third parties on or through\nthe Services; or (d)\nunauthorised access, use or alteration of your content. In no event will Zenly or their affiliates’\naggregate liability\nfor all claims relating to the Services exceed the greater of €100 EUR.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION\nOF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.\n👩\n\n❤\n️\n👩 13. Dispute resolution\nIf you have a concern, let’s talk. We totally encourage you contact us first at [email protected] and\nwe’ll do our best to resolve the issue.\n🏩 14. Exclusive venue\nTo the extent the parties are permitted under these Terms to initiate\nlitigation in a court, both\nyou and Zenly agree that all claims and disputes (whether contractual or otherwise) arising\nout of or relating to the Terms or the use of the Services will be litigated exclusively in\nthe\ncourts of France, unless this is prohibited by the laws of the country where you reside. You\nand Zenly consent to the exclusive jurisdiction of those courts.\n🗺 15. Choice of law\n\nThe laws of France govern these Terms and any claims and disputes (whether contractual or\notherwise) arising out of or relating to these Terms or their subject matter. The courts in some\ncountries may not apply the laws of France to some disputes related to these Terms. If you\nreside in one of those countries, the laws of your home country may apply to those disputes.\n💇🏻 16. Severability\nIf any provision of these Terms is found unenforceable, then that provision will be severed\nfrom these Terms and not affect the validity and enforceability of any remaining provisions.\n🎩 17. Final terms\nThese Terms make up the entire agreement between you and Zenly and supersede any\nprior agreements.\nThese Terms do not create or confer any third-party beneficiary rights.\nIf we do not enforce a provision in these Terms, it will not be considered a waiver.\nWe reserve all rights not expressly granted to you.\nYou may not transfer any of your rights or obligations under these Terms without our\nconsent.\n💌 Contact Us\nYou can always contact us at [email protected]\nif you have questions or want to submit feedback\nabout our Services. We\nalways love to hear from our users. If you do happen to volunteer\nfeedback or suggestions just know that we can use your ideas without compensating you. If\nyou’re full of ideas for Zenly AND would like to be\ncompensated, have a look at our job\npostings.\n\nZenly is located at 4-6 Passage Louis Philippe 75011 Paris – France. There are some great\ncafes nearby.\n😘\nZenly\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"adidas","url":"https://www.runtastic.com/en/terms","lang":"ENG","sector":"Sport","hq":"Germany","hq_category":"EU","is_public":"Public","is_paid":"Optionally paid","date":"24.01.2022"},"document":{"title":"","text":"TERMS & CONDITIONS\nPart A: Runtastic\nINTRODUCTION\nVALIDITY OF THE T&C\nSUBJECT OF THE AGREEMENT\nREGISTRATION\nGENERAL TERMS AND CONDITIONS FOR ALL USERS\nSPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS\nDISCONTINUATION\nTERMINATION\nSPECIAL CANCELLATION RIGHT FOR CONSUMERS\nCONFORMITY\nUSER OBLIGATIONS AND CONDUCT\nBREACH OF USER OBLIGATIONS\nCONTENT\nPRIVACY POLICY\nREPRESENTATIONS AND WARRANTIES\nLIMITATION OF LIABILITY\nINDEMNIFICATION BY USERS\nCHANGES TO THE T&C\n\nMISCELLANEOUS\nPart B: adidas Membership Program\nThese Terms & Conditions consist out of two parts. The first part (A) applies to use of the Runtastic Products (as\ndefined below). Part B applies to the adidas Membership Program called e.g. Creators Club, adiClub or\nUniverse. The adidas Membership Program is currently only available and integrated in the Runtastic Products\nin the countries listed here and is therefore only relevant to users in those countries. Runtastic is part of the\nadidas Group.\n\nPart A: Runtastic\nAt Runtastic, our goal is to support our users on their fitness journeys and provide the best possible experience.\nTo achieve this, we have updated our Terms & Conditions (“ T&C ”) which clearly outline rights, responsibilities,\nour Privacy Policy and more details about our products and services.\nThe latest version of our T&C – effective as of January 1, 2022 – will be available to you at all times. Please take\nthe time to read them before using Runtastic services.\nINTRODUCTION\nWho we are. runtastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria (“ Runtastic ”) operates an interactive\nonline platform (“ Platform ”) and mobile apps (“ Apps ” and together with the Platform, the \" Runtastic\nProducts ”) aiming to connect, and create new opportunities for people who are, or want to become, sports-\nand health-conscious. Runtastic offers Apps apart from and in connection with the services on the Platform.\nEffective as of January 1, 2020 and subject to its discontinuation in accordance with Section 7 , Runtastic offers\na number of Apps that include but may not be limited to the following:\nadidas Running, adidas Training.\nRegistration. In order to be able to use the complete spectrum of Runtastic Products, a one-time registration is\nrequired (see Section 4 ). However, certain content (e.g. information regarding sports, health, or nutrition),\nincluding general descriptions of Runtastic, can be viewed without registration.\nOur Goal. Runtastic’s goal is to make sports enjoyable and to make a positive contribution to people’s health.\nDisclaimer. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior.\nRuntastic neither substitutes your doctor, nor is Runtastic responsible for your behavior. The contents of the\nRuntastic Products, regardless whether they are provided by Runtastic, its partners or users, are not meant to\nsupplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you\nconfirm that you are solely responsible for your health.\nVALIDITY OF THE T&C\nValidity. Runtastic offers the Runtastic Products on the basis of these T&C. The user consents to the validity of\nthese T&C and any agreements incorporated therein by reference either by (i) using the Runtastic Products, in\ncase they are available without registration, or (ii) registration, in case they require an account. These T&C shall\nbe valid until cancelled in the currently valid version as of January 1, 2022.\nPrerequisite. Neither the registration nor the use of the complete spectrum of Runtastic Products shall be\npossible without consent to these T&C.\nExtent. These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for\nRuntastic Products. In particular, the Runtastic online offering will be accessible via Runtastic.com .\nSUBJECT OF THE AGREEMENT\nCurrently, Runtastic essentially offers its users the following features and information in several languages:\n\nPlatform.\nPersonal profile page, including personal details;\nNews regarding Runtastic in short form;\nMobile Health & Fitness Apps;\nContent, e.g. texts, pictures and videos, regarding sports, health and nutrition, that is presented by\nRuntastic and professional third parties (sports coaches, trainers,...);\nStatus messages;\nA blog presenting company information, products and news regarding health and fitness in long form; and\nOther content, such as:\nAbout us: Short description of Runtastic;\nCompany offers: Offers of Runtastic addressed to companies;\nAdvertising by Runtastic and/or third parties;\nSupport for users;\nPrivacy Policy and these T&C;\nPress & Media Center;\nJobs; and\nLegal information.\nApps. Applications for Apple iPhones, Android phones, and other smartphones and other devices on a\nglobal scale, that can be used both isolated on the smartphone as well as in connection with the\nPlatform.\n3.2.2. Subject to the user’s consent, relevant data is transmitted from the smartphone to the Platform and\nshared with other social networks (e.g., Facebook), respectively. Please see our Privacy Policy\nfor more information.3.2.3. The user hereby confirms the user’s knowledge that as a result of the\ntransmission of data from the smartphone to the Platform, certain costs of the mobile carrier will be\nincurred that have to be borne by the user.\n3.2.4. The Apps are only available to users of smartphones and other devices. Without a Premium\nMembership, as defined below, only the Basic Features, as define bellow, are available.\n3.2.5. Additional terms and conditions on the part of the mobile phone providers apply.\nREGISTRATION\nBasic Membership. The Runtastic Products require a one-time registration. The minimum age for registration is\ndetermined by country. The list of age limits can be seen in full here\n. The “ Basic Membership\n\" makes only basic options and features in the Apps available to users (“ Basic Features\n”). Runtastic offers users three ways of registering:\nvia the registration form provided on the Platform;\nvia one of the Apps: For purposes of registration, the user shall provide the details requested by the registration\nform, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as\nvoluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or\npseudonyms is not possible; or\nvia adoption by Runtastic of registration details provided by the user in the social networks Facebook or\nGoogle: Registration via Facebook Connect or via Google Sign-In requires the user to confirm that the selected\ndetails, which the user previously provided on Facebook or Google, shall be adopted by the Runtastic network.\nThe user can subsequently add to or reduce such details in such user’s profile on the Platform; or\nif available in your country: via the registration forms provided by adidas on its websites and/or apps.\nPremium Membership. A Runtastic Premium Service for Premium Members, with all options and features\n(\" Premium Membership ”), is also available against payment of a certain price. With this Premium Membership\nadditional options and features (“ Premium Features ”) that are not available to Basic Members, are unlocked.\nRuntastic may offer Apps with or without Premium Features being available for that specific App.\n4.2.2. Specific Premium Member Terms & Conditions as set forth in Section 6 apply to the Premium\n\nMembership. Unless otherwise specified in the T&C or Section 6 , all other provisions of these T&C also apply\nto the Premium Members.\n4.2.3. By registering as a Premium Member, you confirm that you meet the age requirements stated in the\napplicable law (more information to be found here ) and are thereby legally entitled to enter into contracts. If the\naforementioned representation is not true, Runtastic is not bound by these Premium Conditions.\nMinors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register\nwith Runtastic.\nConsequences of Registration. By registering, the user confirms his/her knowledge and the unlimited\nrecognition of the content of these T&C as well as that all registration data is true, accurate, current, and\ncomplete, and he/she will keep all registration information up to date.\n4.4.2. Each user shall register with Runtastic once only, and confirms with his/her registration that he/she has\nnot registered an account with Runtastic before and has not deleted a previously activated user account.\n4.4.3. Following successful registration, the user (then the “ Registered User ”) can log on to the Platform by\neither (i) entering his/her email address and the chosen password, or (ii) accomplishing the login via Facebook\nConnect, or Google Sign-In.\nRights of Runtastic. Runtastic reserves the right to reject users without giving reasons. In this event, any\ntransmitted details will be deleted promptly.\n4.5.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or Runtastic has\nreasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Runtastic\nhas the right to suspend or terminate your account immediately and without prior notice and to refuse any and\nall current or future use of the Premium Services (or any portion thereof), without the Registered User being\nentitled to a refund of any previously paid amount.\n4.5.3. In any event, Runtastic reserves the right to contact you at any time to verify your registration data.\nUser Identity. Runtastic is not responsible for the actual identity of the user, since personal identification via the\ninternet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to\nentering into any form of interaction with such users, e.g., adding as a friend or by writing messages.\nGENERAL TERMS AND CONDITIONS FOR ALL USERS\nFraud protection. You must protect your account from unauthorized and fraudulent use. Please notify us\nimmediately by email at [email protected] or, for Premium Members, [email protected] ,\nof any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.\n5.1.2. Runtastic will not refund any amounts paid by you to Runtastic before you report an unauthorized or\nfraudulent use of your account.\n5.1.3. Runtastic has the right to close or cancel the account of any Registered User in the event of any\nunauthorized or fraudulent use of the account.\nPromotions and Free Offers. Runtastic may run promotions and free offers, which may be subject to additional\nterms or restrictions. These promotions and offers may not be transferred between users.\nChanges to the Runtastic Products. Runtastic reserves the right to change options or features - including\nPremium Features - in the Runtastic Products. In most cases Runtastic makes changes to the Runtastic\nProducts to enhance or improve them. We might also make modifications if such are necessary to comply with\nchanges in legislation, technical and/or safety requirements or to reflect changes in our company and product\nstrategy and to respond to the market and competitive situation. Insofar as the changes will not have a material\nadverse effect on your use of the Runtastic Products, Runtastic will not refund previously paid amounts, unless\notherwise provided for in Section 7 .\nSPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS\nSubscription Requirement. In order to use the Runtastic Premium Service for Premium Members, you must (i) be\na Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or\namounts associated with the Premium Services, by credit card, via AppStores, or any other form of payment\naccepted by Runtastic (the “ Subscription \").\nTypes and Prices of Subscription. Runtastic offers different Subscription periods so that you can choose the one\nthat best satisfies your needs. The different Subscription types and applicable prices are available for viewing h\n\nere or in the App Stores. All prices are subject to change at Runtastic’s discretion at any time. Any price\nchanges will be announced on the Platform or in the App Stores.\nPayment. Payment is made in advance for each subscription period. In other words, you can select the\nsubscription period that best satisfies your needs to access the Premium Services. Once you signed up and\npaid for the Subscription, the selected validity period will be associated with your account.\n6.3.2. Payments for the entire term of your Premium Membership shall be due immediately upon invoicing.\nPayment can be made using different online payment systems. If Runtastic is unable to collect any fees from an\naccount designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including\nbank charges related to any debit entries or similar charges. Runtastic may deliver invoices and payment\nreminders to the user by email.\nAutomatic Renewal. When your Subscription period expires, your credit card will be charged automatically with\nthe standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply\nin this case, and your Subscription will be renewed for the same period of time unless you cancel your\nSubscription, at least prior to the expiration of your current Subscription. The standard subscription price can be\nviewed on the Platform and in the App Stores.\nCancellation. You may cancel your Subscription to Runtastic Premium Service for Premium Members at any\ntime by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for in Section\n7 , Runtastic will not refund previously paid amounts.\nExpiration. Subject to Section 6.4 , for lack of a user’s cancellation of such user’s Subscription, each\nSubscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s\nactual use of the Runtastic Premium Service for Premium Members during such period. Each user can check\nthe length of the current Subscription period by viewing such user’s account information.\nContact. Please contact us for any questions you might have or to report any violations of the Premium\nConditions in this Section 6 at [email protected] .\nApplication of Other Rules. Unless otherwise specified in this Section 6 , all other provisions of these General\nT&C apply also to the Premium Members.\nDISCONTINUATION\nDiscontinuation of Runtastic Products. Runtastic reserves the right to discontinue one or more Runtastic\nProduct. We might discontinue Runtastic Products if this is necessary to comply with changes in legislation,\ntechnical and/or safety requirements or to reflect changes in our company and product strategy and to respond\nto the market and competitive situation. All users shall be given reasonable prior notice of the discontinuation of\na Runtastic Product. After the notification, Premium Members shall be able to use the App for the duration of\ntheir current Subscription period. Please note that during this period the two following limitations apply:\n1. It may not be possible to download the App on another device.\n2. Runtastic will not update the Runtastic Product during this period for any other purposes than security and\nconformity with the contract. This means that if the operating system of your device is updated or if other\nrelevant third party technical services change during this period, it may not be possible to use the Runtastic\nProduct any longer. Runtastic assumes no liability for this.\nIf you have purchased your Premium Membership through an App that will be discontinued, your Subscription\nwill not be automatically renewed and will expire at the end of your current Subscription. If you have purchased\nyour Premium Membership through another App - that will not be discontinued - automatic renewal as\ndescribed in Section 6.4 shall still occur. Subject to the two limitations as described above, only if Runtastic\ncannot provide the possibility for you to use the App until your current Subscription period has ended, are you\nentitled to a pro rata refund of the payment for the current Subscription of your Premium Membership. If this\noccurs, you can contact Runtastic (see Section 6.7 ) to claim your refund.\nNotice. Runtastic may give notice as mentioned under Section 7.1 by informing you either by email or through\ncommunication within the Runtastic Products.\nTERMINATION\nGeneral. Each user shall have the right to terminate the use of Runtastic Products at any time via his/her\naccount settings. Such termination shall be confirmed to the user.\n\nRuntastic’s Termination Right. Additionally, Runtastic reserves the right to terminate a user’s membership for\nimportant reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and\nancillary agreements.\nConsequences of Termination. If you have generated, transmitted, saved, published content, or otherwise made\ncontent available through the Runtastic Products, the rights granted to Runtastic in accordance with Section\n13.4 in relation to this content, which does not qualify as personal data, shall expire upon terminating the use of\nthe Runtastic Products. This does not apply if such content:\nhas no use outside the context of the Runtastic Products,\nis exclusively related to your use of the Runtastic Products,\nhas been aggregated by us with other data and cannot be disaggregated or can only be disaggregated\nwith disproportionate effort, or\nwas generated by you together with otherusers, provided that other users can still use the data.\nFor personal data, the provisions of the Privacy Policy ( Section 5.2 ) apply.\nRequest for data. If you generated, transmitted, saved, published or otherwise made available through the\nRuntastic Products content, we shall, at your request, provide you with the content, which does not qualify as\npersonal data, free of charge, within a reasonable period of time and in a common and machine-readable format\nafter the termination becomes effective. This does not apply if such content:\nhas no use outside the context of the Runtastic Products,\nis exclusively related to your use of the Runtastic Products or\nhas been aggregated by us with other data and cannot be disaggregated or can only be disaggregated\nwith disproportionate effort.\nFor personal data, the provisions of the Privacy Policy ( Section 6.3 ) apply.\nFurther Information. Please see our Privacy Policy for further information on the deletion of your account.\nSPECIAL CANCELLATION RIGHT FOR CONSUMERS\nApplication of Consumer Laws. If you are a Registered User, using the Runtastic Products for a purpose that is\nnot related to either your commercial or professional freelance activity, the following provisions apply to you as a\nconsumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz;\nKSchG).\nRight of Withdrawal from Contract - You may cancel your agreement with Runtastic in writing, e.g., by letter\nor email, within 14 days of the date on which the agreement was entered into without stating any reasons. You\ncan cancel the agreement by sending your notification to:\nruntastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria\nor via Email: [email protected] .\nConsequences of Cancellation - In the event of cancellation, any benefits received by one party from the other\nmust be returned, and any economic advantages gained must be repaid. If you are not able to return the\nservices rendered to Runtastic in full or in part, you are obligated to reimburse Runtastic for the value lost - in\nrelation to the time of use of the rendered services. This may mean that you are required to fulfill your payment\nobligations proportionally until cancellation has become effective. Obligations to reimburse costs must be\nfulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we\nreceive it.\nCancellation. The exercise of your cancellation right pursuant to this section may occur via the following cancell\nation form :\nI/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the\nprovision of the following service (*),\nOrdered on (*)/received on (*),\nName of consumer(s),\nAddress of consumer(s),\nEmail address of consumer(s) which is used to login to Runtastic Products,\nSignature of consumer(s) (only if this form is notified on paper),\nDate\n(*) Delete as appropriate\n\nCONFORMITY\nConformity. We have a legal obligation to make sure that the Runtastic Products conform to the contract.\nUpdates. As part of this legal obligation, we will, from time to time, offer and request you to install security and\ntechnical updates for the Runtastic Products. It is your responsibility to install such updates without delay and\nto update the operating system of your end device if this is required for such updates. We will not be liable for\nany lack of conformity of the Runtastic Products resulting from the lack of the relevant update when you fail to\ninstall the update that we supplied to you.\nRemedies. If our Runtastic Products do not conform to the contract of sale and/or the statutory conformity\nrequirements, you have the right to have the defect corrected. Your right to claim lack of conformity expires two\n(2) years after the termination of the membership.\nCooperation You are required to reasonably cooperate with us to assess whether the cause of a lack of\nconformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any\nconformity of the Runtastic Products will lie with you.\nUSER OBLIGATIONS AND CONDUCT\nUser Obligations. Each user of the Runtastic Products must:\ntruthfully provide, and keep current and complete, his/her registration details, and must not pass on such\ndetails to third parties;\nonly save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or\nvideos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use\nsuch content or, (ii) in the event that the user is not the owner of such rights with respect to content\nprovided by it, if the user guarantees to Runtastic that all required rights, licenses, permits etc. have been\nvalidly obtained. This shall also apply to content subject to intellectual property rights, such as trade\nnames and trademarks. The user shall be exclusively responsible for such content;\nnot save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating,\nsexual, glorifies violence or is otherwise illegal;\nnot to send chain letters or messages to more than one recipient at any one time, i.e., the user must not\nsend mass emails or spam;\nnot carry out any disrupting interferences in the Runtastic network, including the Runtastic Products, by\nuse of technical or electronic aids, such as hacking attempts, brute force attacks, planting of\nviruses/worms/trojans and other disrupting attempts regarding Runtastic’s software or hardware;\nnot copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible\ndetails without the consent of the respective owner;\nprovide prompt notice via email to [email protected] of any detected breaches of the\naforementioned obligations;\ndiligently care for the personal details and only allow such persons access to their own details that are\nclose to the user; and\nregularly save important personal details externally, e.g., on an external storage medium, hard drive or in\nthe cloud. Runtastic shall not be responsible for any lost or impaired details.\nBREACH OF USER OBLIGATIONS\nSanctions. In order to ensure the proper and reliable provision of Runtastic Products, Runtastic imposes the\nfollowing sanctions upon breach of user obligations by a user:\nwarning;\ndeletion of content;\ntemporary deactivation of user account; and\ncancellation (irrevocable deactivation).\nThe type of sanction shall depend on the purpose, impact, and type of the breach in light of Runtastic’s and the\nuser’s interests.\n\nCancellation. In the event a user account shall be cancelled in accordance with this Section, the respective user\nshall not be permitted to register again.\nCONTENT\nGeneral. Runtastic permits its Registered Users to use the offered portfolio of Runtastic Products in accordance\nwith statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with\nother users.\nTracking. The user consents that, as a result of the automatic evaluation of the way such user uses the Platform,\nit may be exposed to certain offers and/or marketing messages tailored to such user. Please see our Privacy\nPolicy concerning tracking for marketing purposes.\nDisclosure. Runtastic shall have the right to save content or disclose such content to third parties, to the extent\nthis is required by law, or legally permissible and reasonably necessary, in order to\ncomply with statutory law, or court or administrative orders;\nensure compliance with these T&C;\nreact to claims of breaches of law raised by third parties; or\nsafeguard the rights, property or personal safety of Runtastic, its users and the general public.\nUser Content. The user grants Runtastic the irrevocable, free, non-exclusive and unlimited right to use all\ncontent generated, transmitted, saved and published by such user. Accordingly, Runtastic shall have the right to\nuse, irrespective of the type of usage, all content both as part of the Platform and any other activity of Runtastic\nor any company affiliated with Runtastic. This shall include the right to change and edit such content, unless\nsuch changes or edits impair material interests of the user. In this connection, the user waives, to the extent\nlegally permissible, all intellectual property rights. However, to the extent feasible, in the event that Runtastic\nuses content created by a user outside the Runtastic Products, Runtastic shall note that such content was\ncreated by the user.\nOwnership. Runtastic does not claim ownership of any content created by users and will not supervise such\ncontent.\nDeletion. Runtastic reserves the right to delete content created by users, such as routes, photos, events or\ncomments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these\nT&C, may be sanctioned in accordance with Section 12 .\nInaccurate Content. Runtastic shall not be responsible for inaccurate content created by users, e.g., details\nregarding routes or events etc.\nPRIVACY POLICY\nPlease see the separate Privacy Policy available on www.runtastic.com/privacy-policy that is an integral part\nof this agreement.\nREPRESENTATIONS AND WARRANTIES\nLimitation. Runtastic does not claim or warrant that\nthe Runtastic Products will be available at all times, or that they and the necessary hardware and software\nwill be completely free from errors; and\nthe transmission of data via other systems, in particular the internet and telecommunication networks, is\nnot tracked, recorded or distorted by third parties.\nOwn Risk. The user uses the Runtastic Products exclusively at his/her own risk. This applies, without limitation,\nto\nthe related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the\ncourse of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the\nuser’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles;\ndownloading of the user’s own and third party content; and\n\nany use by the user of data created or provided by Runtastic, including, but not limited to (i) measured\npulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly\nacknowledges that any such data or content may contain errors, and Runtastic does not, to the extent\npermitted by law, assume any responsibility for the correctness of such data.\nMedical Advice. The use of any software or hardware offered by Runtastic is no substitute for the consultation\nby the user of a specialized doctor.\nExternal Content. Additionally, Runtastic does not make any representations or warranties with respect to\nexternal links, banners or other information and marketing offers that may be made accessible to the user. Any\ncontractual arrangements entered into between the user and a third party provider, e.g., via linked websites or\nbanners, result in a contractual relationship between such user and the third party provider only. Runtastic does\nnot make any representations or warranties with respect to products or services of third party providers.\nLIMITATION OF LIABILITY\nGeneral. Runtastic shall be liable for damages as currently provided by law, regardless of the statutory basis of\nsuch liability (precontractual, contractual, tort) only if Runtastic has caused a certain damage willfully or with\ngross negligence. In the event of slight negligence, Runtastic shall not be liable to other businesses and shall be\nliable to consumers only for personal damages. Runtastic shall not be liable to businesses for follow-on\ndamages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.\nContent. Unless required by statutory law, neither Runtastic nor any of its business affiliates shall be liable for\ndamages resulting from the use of content made accessible through the use of the Platform or other forms of\nuse of the Runtastic Products. This also applies to damages resulting from errors, problems, viruses or loss of\ndata.\nDownloads. Runtastic assumes no liability for downloaded material or material obtained as a consequence of\nusing the Runtastic Products. The Registered User is solely responsible for any damages caused by such\nmaterials to his computer or smart phone system or for information that is lost as a consequence of\ndownloading materials from any of the Runtastic Products.\nConflicts. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from\nor related to conflicts with other users. The Registered User acknowledges and accepts that Runtastic will not,\nunder any circumstances, be liable for the acts and omissions of other users, including the damages associated\nwith such acts or omissions.\nINDEMNIFICATION BY USERS\nIndemnification. The user shall indemnify Runtastic for all claims raised by third parties as a result of an\ninfringement of their rights by the user in connection with content uploaded to or any of the Runtastic Products\nby such user or as a result of any other usage by such user of applications available from Runtastic. The user\nshall bear the costs of any legal proceedings, in which Runtastic may be involved in connection with such\nclaims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at\nfault in causing such infringement.\nSupport. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely\nmake available to Runtastic all information available to such user that may be necessary to verify such claim and\ndefend against it. Any additional claims for damages that Runtastic may be entitled to bring against the user\nshall not be affected.\nCHANGES TO THE T&C\nGeneral. Runtastic reserves the right to amend these T&C from time to time for a number of reasons including,\nwithout limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service\nreasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in\nthe Apps.\nChanges. In case of minor changes to these T&C (if, for example, there is a change in the law that means we\nneed to change these T&C), we may simply make the new T&C available for viewing on the Platform and in the\n\nApps. Please check these T&C regularly to ensure that you understand the up-to-date terms. For any significant\nchanges to these T&C that will materially adversely impact you, Runtastic will either obtain your specific consent\nto the changes through communication in the Runtastic Products, or Runtastic will inform you of any changes at\nleast two weeks prior to the effective date of the changes via email to the address provided during Registration\n(“ Amendment Information ”). From receiving the Amendment Information, you will have an objection period of\ntwo weeks.\n18.2.2. The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a\ntwo-week objection period, (iv) information on the consequences of omitting an objection.\n18.2.3. If you do not object to the changes, the updated T&C will be deemed accepted.\n18.2.4. In the event that you object to the changes, Runtastic is entitled to terminate the user contract and\ndelete your user account, under consideration of your interests if continuing of the contractual relationship\nunder the scope of the current terms and conditions is not possible or unreasonable for Runtastic.\nWritten Form. Subject to Section 18.1 and Section 18.2 , any changes to these T&C must be made in writing.\nNo ancillary oral arrangements exist.\nMISCELLANEOUS\nSeverability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other\nterms and conditions shall remain in full force and effect.\nGoverning Law and Jurisdiction. These T&C and all contractual relations and litigation between the users and\nRuntastic shall be governed by Austrian law, excluding the conflict of law-provisions and the United Nations\nConvention on Contracts for the International Sale of Goods.\n19.2.2. Place of delivery and exclusive court of jurisdiction shall be Linz, Austria.\n19.2.3. This section is not relevant for any users that are consumers within the meaning of the Austrian\nConsumer Protection Act (Konsumentenschutzgesetz, KSchG).\nPart B: adidas Membership Program\nIF YOU USE ANY RUNTASTIC PRODUCTS IN THE COUNTRIES LISTED HERE , YOU\nSHALL AUTOMATICALLY BECOME A MEMBER OF THE ADIDAS MEMBERSHIP\nPROGRAM (CALLED E.G. CREATORS CLUB, ADICLUB) IF YOU ARE NOT A MEMBER\nALREADY. PLEASE CHECK THE LIST REGULARLY AS IT MIGHT BE\nSUPPLEMENTED.\nThis membership is subject to specific Terms & Conditions. By continuing to use a Runtastic Product in one of\nthe listed countries, you hereby accept the respective Creators Club Terms & Conditions. You can find those\nTerms & Conditions applicable in your country here . Please note that in these countries the adidas\nMembership Program is an integral part of Runtastic Products and Runtastic Products cannot be used without\nadidas Membership Program in these countries. That particularly means by cancelling your adidas Membership\nProgram, you also cancel your use of Runtastic Products.\n\nLast updated: 24 January 2022\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":0,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract, but only in relation to businesses"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":0,"explanation":"When the company reserves the right to change the service without a valid reason specified in the contract (the company reserves the right to change the service in a vague way, by using non-precise, general reasons that are hard to interpret by the consumer and give the company freedom to understand them broader than necessary)"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Keep","url":"https://www.keepkeep.com/terms_of_use","lang":"ENG","sector":"Sport","hq":"China","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"10.05.2021"},"document":{"title":"","text":"Workouts\nTERMS OF USE\nLast modified: 10 May 2021\nINTRODUCTION\n \nThank you for registering to use Keep products. The following terms, together with any documents expressly\nincorporated herein by reference (collectively, these “Terms” or this “Agreement”), govern your access and use of the\nproducts and services provided by Keep, Inc., its affiliates, subsidiaries and related entities (hereinafter referred to as\n“Keep,” “we,” or “us”). In order for you to better use our products and services, please carefully read, fully understand\nthese Terms, in particular the terms related to limitations of liabilities.\n \nTHESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.\n \nIF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE ANY OF OUR\nPRODUCTS AND SERVICES. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING OUR PRODUCTS AND\nSERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B)\nREPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS\nAGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.\n \n \nI. SCOPE OF THE TERMS\n1.1 This Agreement is between you and Keep, and all products and services provided by Keep shall be bound by this\nAgreement.\n \n1.2 The products and services under this Agreement refer to the products and services provided by Keep via Internet\nand mobile applications, including but not limited to Internet media, Internet value-added services, and interactive\nentertainment (in the form of, but not limited to, online video, pictures, software, technical code, etc.).\n \n1.3 All information we collect and use through or in connection with our products and services is subject to our\nPrivacy Policy. Additional terms and conditions may also apply to a specific product or service. The Privacy Policy,\nthese additional terms and conditions, and all other rules, announcements or notices Keep has published or may\npublish in future are hereby incorporated by this reference to this Agreement. If you do not agree to any of these\nadditional terms, you shall immediately discontinue the use of our products and services.\n \n1.4 Keep has the right to revise this Agreement (including but not limited to any new terms and amendments to\nexisting provisions) at any time in its sole discretion and to announce the changes in the form of an online bulletin\nwithout providing a notice to you separately. However, when any significant changes are made, we will notify you via\nour mobile applications or other means before the changes become effective. All changes become effective upon\npublication, immediately or at a time specified therein. Your continued use of our products and services following the\nposting of the revised Agreement means that you accept and agree to the changes. If you do not agree to the changes,\nyou should immediately stop using our products and services.\n fi\n\n1.5 As described in Section 1.3, additional terms and conditions may apply to a specific product or service developed\nor released by Keep (hereinafter referred to as “Individual Product Agreement”). In the event of any conflict between\nthe Individual Product Agreement and the other provisions of this Agreement, the Individual Product Agreement shall\nprevail. Your use of the specific product or service means that you accept and agree to the Individual Product\nAgreement.\n \n \nII. PRODUCT AND SERVICE INTRODUCTION\n2.1 Keep offers a wide range of Internet products and services, including but not limited to training courses and\nproducts and services related to running, walking, cycling, and other activities. You may use and purchase the\nproducts and services and Keep has the right to charge a fee for your use.\n \n2.2 You understand and agree that interruptions of our online services may occur as normal events that are out of our\ncontrol and that we have no control over the third-party networks or services that we may use to provide you with our\nproducts and services. We shall not be responsible for any losses or damages resulting from such interruptions.\n \n2.3 Some of our products and services are paid services. You will need to submit a payment before you can use or\ncontinue to use those products and services.\n \n2.4 Keep provides online products and services. You are responsible for (i) all costs and expenses related to any\ndevices you use to access our products and services, and (ii) any network charges you incur in connection with the use\nof our products and services (such as telephone and internet fees paid for the access to the Internet, and any mobile\ncharges for the use of mobile networks).\n \n2.5 Replacements, modifications, and upgrades\n2.5.1 In order to enhance your experience and improve the service content, Keep has the right to develop new\nproducts and services based on your feedback and the information collected through your use.\n2.5.2 Keep may from time to time in its sole discretion develop and provide updates to our products and services,\nwhich may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including\nrelated documentation, \"Updates\"). Updates may also modify or delete in their entirety certain features and\nfunctionality. You agree that Keep has no obligation to provide any Updates or to continue to provide or enable any\nparticular features or functionality.\n2.5.3 You understand and agree that Keep has the right not to notify you of the Updates or any changes to or\nrestrictions of any features or functionality.\n2.5.4 When a new version is released, the old version may not be available. You shall promptly download and install\nthe latest version and acknowledge and agree that our products and services or portions thereof may not be available\nor properly operate should you fail to do so.\n \n2.6 Third-party applications and services\nYou may access and use third-party applications (such as camera services) via our products and services. When using\nany such third-party application, you shall comply with this Agreement and any terms and conditions of the third-party\napplication. You understand and agree:\n2.6.1 When you use any application and service provided by a third party, the third party may collect and use your\npersonal data. You shall decide whether to provide such information to the third party. Keep shall not be responsible\nfor any third party’s use or disclosure of your information.\n2.6.2 Keep has the right to audit and manage the applications provided by third parties. Keep has the right to de-\nactivate or remove any third-party application from our products and services without notifying you, and shall not be\nresponsible for any impact or loss resulting therefrom.\n2.6.3 When using a third-party application, you shall: A. use your own account with the third party (i.e., Facebook,\nGoogle or Instagram) to login to our products; B. consent to the third-party application’s use of your personal data to\n\nprovide you with the access to our products and services. If you do not agree to the third parties’ privacy practices, do\nnot use their applications to login to or access our products and services.\n2.6.4 Any and all disputes arising out of or in connection with your use of third parties’ applications shall be resolved\nby you and the third parties; and in no event shall Keep be responsible for any losses and damages resulting from such\nuse.\n \n \nIII. INTELLECTUAL PROPERTY\n3.1 Keep owns all rights to Keep products (including but not limited to intellectual property rights and ownership). All\ncopyrights and all other intellectual property rights of Keep, and all information related to Keep, including but not\nlimited to: words and their combinations, icons, ornaments, color combinations, interface designs, layout frames,\nrelevant data, printed materials, or electronic documents are protected by the copyright, trademark, patent, trade\nsecret, and other intellectual property or proprietary rights laws of China and relevant international treaties.\n \n3.2 The entire contents, features, and functionality of our products (including but not limited to all information,\nsoftware, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by\nKeep, except those uploaded by users or explicitly identified as being provided by third parties.\n \n3.3 “Keep,” “K,” “Keepup,” “KeepKit,” “Keepland,” and all related names used within the logos, product and service\nnames, designs, and slogans relating to or used in connection with Keep’s business operation are trademarks of Keep\nand its licensors. You must not use any of the aforementioned marks without the prior written permission from Keep.\n \n3.4 Keep reserves and shall retain its entire right, title, and interest in and to the products and services, including all\ncopyrights, trademarks, patents, patent applications and other intellectual property rights therein or relating thereto.\n Keep does not grant you any intellectual property rights because of this Agreement or by providing the related\nproducts and services to you. The rights not expressly granted to you herein are reserved by Keep.\n \n \nIV. PRIVACY POLICY\n4.1 The protection of user personal information is a basic principle of Keep. Keep will collect, use, store, share,\ntransfer and otherwise process your personal information in accordance with the provisions of this Agreement, the\nPrivacy Policy and applicable data protection laws. If the provisions of this Agreement in relation to the protection of\npersonal information are in conflict with the Privacy Policy, or the contents of this Agreement in relation to the\nprotection of personal information are not expressly specified, the content of the Privacy Policy shall prevail.\n \n4.2 You may need to fill out some necessary information in the process of registering your account or using Keep\nproducts and services. You may be required to provide information about your true identity if the local laws and\nregulations applying to you require you to do so. If you provide incomplete information, you may not be able to use\nKeep products or services or be limited in the course of use.\n \n4.3 Keep will not transfer or disclose your personal information to any unrelated third party unless:\n4.3.1 Relevant laws and regulations or the requirements of the courts and government authorizations require us to do\nso;\n4.3.2 Transfer is performed to complete the merger, division, acquisition or transfer of assets;\n4.3.3 In order to provide you with our services (i.e., transferring data to third party providers we use);\n4.3.4 Other circumstances where Keep determines that it is necessary and does not violate the mandatory provisions\nof applicable data protection laws and regulations.\n \n\n4.4 Keep attaches great importance to the protection of minors’ information. If you are a minor under a certain age\ndepending you are located (e.g., in the EU, age below 16 unless a Member State provides by law for a lower age), you\nshould obtain the consent of your legal guardian prior to using the Keep service.\n \n \nV. USER ACCOUNTS, PASSWORD, AND SECURITY\n5.1 Registration Qualification\nYou confirm that you shall be a natural person, legal person or other organization with full capacity to register with our\nproducts and services. If you do not have the aforementioned capacity, you (or your guardian if you are a minor) shall\nbe responsible for all the consequences resulting from it, and Keep shall have the right to cancel or permanently freeze\nyour account and retain the right to claim damages from you or your guardian. Individuals under age of 16 may only\nuse our products and services with the involvement of a parent or legal guardian, under such person’s account and\notherwise subject to these Terms.\n \n5.2 Registration and Account\nTo have a full access to our products and services, you may be asked to provide certain registration details or other\ninformation. It is a condition of your use of our products and services that all the information you provide is correct,\ncurrent, and complete.\n \n5.3 Keep reminds you to protect your account and password and do not disclose the account number and password\nto others. You are responsible for keeping your account and password confidential and responsible for all activities that\noccur under your account and password (including but not limited to, information disclosure, information\ndissemination, online Click Approval or submission of various rule agreements, online renewal agreements or purchase\nservices, etc.). Keep cannot and will not be liable for any loss you incurred as a result of your failure to comply with the\nprovisions of this Agreement. If you find any unauthorized use of your account and password, you must immediately\nnotify Keep. You can submit your request via email to [email protected]. You must understand and agree\nthat Keep may take a period of time to act upon your request and Keep will not be liable for any adverse\nconsequences that you have incurred before Keep takes any action.\n \n5.4 You can use a nickname with the account. The nickname you use shall not infringe the rights and interests of\nothers. If the nickname you use is alleged to infringe upon the rights and interests of others, Keep has the right to\nterminate portions or all of the services. You shall be responsible for any loss and adverse consequences arising from\nit.\n \n \nVI. USER’S INSTRUCTION\n6.1 You agree to use Keep products and services in compliance with the following provisions:\n6.1.1 You agree to comply with all applicable laws and regulations, Keep’s rules and requirements, and this\nAgreement; you agree not to take any actions contrary to public interests or violate the rights and interests of others.\n6.1.2 Unless otherwise agreed by you and Keep, you shall not make commercial use of any data/information\nacquired from Keep, including but not limited to the use of the information or courses displayed in our products and\nservices in any manner, such as reproduction and dissemination, without the prior written consent of Keep.\n6.1.3 You agree not to use any device, software or program to intervene or attempt to intervene in the normal\noperation of Keep or any transactions or activities being carried out on our products and services.\n6.1.4 Except as otherwise required by law, no individual or organization may in any way copy, reprint, quote, link,\ncrawl or otherwise use the contents of our products and services, in whole or in part, without express written\npermission by Keep.\n \n6.2 You fully understand and agree:\n\n6.2.1 If you violate the foregoing undertakings and any other terms of this Agreement, you shall be solely responsible\nfor all consequences, and shall indemnify and hold harmless Keep from and against any claims, liabilities, damages,\njudgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to\nyour violation of these Terms.\n \n \nVII. DISCLAIMER\n7.1 You understand and agree that the use of Keep may encounter force majeure and other risk factors to cause\ninterruption or delay. Keep will strive to repair products and services. However, Keep may be exempted for such\ndamages caused according to local laws.\n \n7.2 Within the scope of law, Keep is not liable for termination of service or obstruction caused by the following\ncircumstances:\n7.2.1 Computer virus, Trojan horse or other malicious program and hacker attack;\n7.2.2 User’s computer software, system, hardware and communication lines;\n7.2.3 Improper operation of users;\n7.2.4 Use of the service is in a way without Keep’s authorization;\n7.2.5 Others that we cannot control or reasonably foresee.\n \n7.3 You understand and agree that using Keep products and services may encounter network information or the risks\nand damage by other users. Keep is not responsible to the authenticity, applicability, legality of such risks and\ndamages. These risks and damages include but are not limited to:\n7.3.1 Information that contains threats or defamation from anonymous or false impersonation;\n7.3.2 Any psychological, physical or financial damage caused because of other user’s misleading.\n \n7.4 Keep has the right, but not the obligation, to take actions regarding any unlawful content, product or service\naccording to this Agreement. Keep does not guarantee timely response to any violation of this Agreement.\n \n7.5 Third parties shall be solely responsible for their products and services made available through our products and\nservices.\n \n7.6 Disclaimer of Warranties. OUR PRODUCTS AND SERVICES ARE PROVIDED TO END USER \"AS IS\" AND WITH\nALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER\nAPPLICABLE LAW, KEEP, ON ITS OWN BEHALF AND ITS LICENSORS AND SERVICE PROVIDERS, EXPRESSLY\nDISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO\nTHE PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE\nOF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE\nFOREGOING, KEEP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY\nKIND THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED\nRESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES,\nOPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-\nFREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE\nLIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE\nEXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.\n \n\n7.7 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KEEP\nOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO\nYOUR USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES FOR:\na) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES,\nLOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR\nANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.\nb) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU\nFOR THE PRODUCTS AND SERVICES.\nTHE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT,\nTORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE\nFORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS\nDO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY\nMAY NOT APPLY TO YOU.\n \n \nVIII. SUSPENSION, ALTER OR TERMINATION\n8.1 You should lawfully use products and services; otherwise, Keep has the right to take the following measures:\n8.1.1 Suspend or restrict your right to use our products and services, including but not limited to restricting your\nability to use certain features or functionality of our products and services;\n8.1.2 Terminate your right to use our products and services.\n \n8.2 Keep has the right to suspend, alter, terminate its products or part of its functions in accordance with its\ndevelopment plan, and to decide whether or not to provide certain products and services. Keep does not have an\nobligation to notify you about the foregoing information.\n \n8.3 Unless stipulated by the local law, you have the responsibility to back up the data stored in Keep. When your\nservice is terminated, Keep has the right to permanently delete all relevant data of you from the server, and does not\nhave the obligation to return or in any form provide to you, except as otherwise provided by our Privacy Policy.\n \n \nIX. SUBSCRIPTIONS\n9.1 We Offer In-App Purchases within Keep App with the selection of Monthly subscription (Workouts for All Levels)\nand Yearly Subscription (Get Your Personal Coach).\n \n9.2 The subscription costs $9.99 per month or $49.99 per year (The price is for US customers and prices may vary by\nlocation).\n \n9.3 Payment will be processed via iTunes Account / Google Play Account at confirmation of purchase.\n \n9.4 The subscriptions are automatically renewed unless turned off at least 24 hours before the end of the current\nperiod.\n \n9.5 Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of\nthe renewal.\n ff\n\n9.6 A 3-day Free Trial and 7-day Free Trial may be offered with the Monthly Subscription and Yearly Subscription. If\nyou do not cancel the subscription before the end of the Free Trial period, the monthly/Yearly subscription will auto\nrenew and you will be charged.\n \n9.7 Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account\nSettings after purchase.\n \n9.8 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that\nservice.\n \n9.9 We reserve the right, at our sole discretion, to modify or adjust current and future pricing models for the use of our\nservice, at any time.\n \n \nX. REFUND POLICY\n10.1 All fees and charges are non-refundable and there are no refunds or credits for partially used periods. The service\nand your rights to use it expire at the end of the paid period of your subscription. The only way to receive a refund for\nsuch purchases is to contact Apple directly.\n \n10.2 Please be noted that automatic renewal of the service might occur for in-app purchases made through App Store\nand Google Play Store. In such case, refunds will not be issued. Users are responsible for cancelling future renewals at\nthe relevant APP market.\n \n \nXI. APPLICABLE LAW AND DISPUTE RESOLUTION\n11.1 This Agreement is signed in Chaoyang, Beijing, People’s Republic of China.\n \n11.2 The laws of the PRC mainland region (excluding conflict of laws) shall govern the formation, performance, and\ninterpretation of this Agreement and any dispute arising out of or in connection with this Agreement.\n \n11.3 If any dispute or dispute arises between you and Keep, you may choose to negotiate with us, or to submit the\ndispute to the Beijing Arbitration Commission located in Beijing. The arbitration shall be final and binding on both\nparties.\n \n \nXII. OTHERS\n12.1 If any terms in this Agreement are invalid or not enforceable for any reason, it shall not affect the binding force of\nthe remaining provisions.\n \n12.2 The title of the terms of this Agreement is provided for readability only and shall not be construed as a basis for\ninterpreting the terms of this Agreement.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"MultiSport","url":"https://www.kartamultisport.pl/en/regulations","lang":"ENG","sector":"Sport","hq":"Poland","hq_category":"Poland","is_public":"Public","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"TERMS AND CONDITIONS OF ELECTRONICALLY SUPPLIED SERVICES BY BENEFIT\nSYSTEMS S.A.\nTERMS AND CONDITIONS\nOF ELECTRONICALLY SUPPLIED SERVICES\nBY BENEFIT SYSTEMS S.A.\nTable of contents:\n§ 1 General Provisions. Definitions\n§ 2 Rights and Obligations of the Service User. Account Registration\n§ 3 Withdrawal from, and Termination of the Account Agreement\n§ 4 Technical requirements. Particular risks of using electronically supplied services\n§ 5 Personal data\n§ 6 Intellectual Property Rights\n§ 7 Contact and Complaints\n§ 8 Liability\n§ 9 Amendments to these Terms and Conditions\n§ 10 Final Provisions\nAppendix 1 – terms and conditions of using kartamultisport.pl website\nAppendix 2 – terms and conditions of using multilife.com.pl website\nAppendix 3 – terms and conditions of using emultisport.pl website\nAppendix 4 – terms and conditions of using MultiSport mobile application\nAppendix 5 – Model withdrawal statement from the Account Agreement\nAppendix 6 – specimen form of the withdrawal from the MultiSport Card/ MultiLife Service\nUse Agreement\n§ 1 General Provisions. Definitions\nThese Terms and Conditions have been drawn up to meet the obligation referred to in Article\n8(1)(1) of the Act of 18 July 2002 on Electronically Supplied Services. The Terms and Conditions\nset out the conditions and terms of using:\nkartamultisport.pl website, and\nmultilife.com.pl website, and\nemultisport.pl website, and\nMultiSport Mobile App.\n\n§ 1 - 10 of the Terms and Conditions lay down common terms and conditions for Websites and\nthe Application are presented in subpara. 1 above, while Appendices 1 – 4 of the Terms and\nConditions lay down detailed provisions on individual Websites and the Application:\nAppendix 1 – relating to the kartamultisport.pl website,\nAppendix 2 – relating to the multilife.com.pl website,\nAppendix 3 – relating to the emultisport.pl website,\nAppendix 4 – relating to the MultiSport mobile application.\nIf provisions of § 1 - 10 of the Terms and Conditions and of the Appendix differ between each other,\nprovisions of the Appendix shall prevail.\nThe Service User shall be bound by these Terms and Conditions (including provisions of the\nrespective Appendix 1 – 4) which apply to that Website or the Application which the Service\nUser uses (e.g. if the Service User does not use the emultisport.pl website, provisions of the\nTerms and Conditions relating to the emultipsort.pl website do not apply to that Service User).\nThese Terms and Conditions shall be published in the appropriate tab of the Website or the\nApplication, as mentioned in subpara. 1 above, the Service User may display and fix the text of\nthe Terms and Conditions in any technically possible way.\nThe following capitalised terms used in these Terms and Conditions shall have the following\nmeaning:\nMultiSport Application, Application – a set of services and features available to the Service\nUsers in the MultiSport mobile app, owned by Benefit Systems, designed for, but not limited to,\nthe authentication of the right to use the services provided at a Facility (with a Mobile Card,\nwithout the need to present a plastic microchip Card) and verification of the Service User’s\nidentity,\nBenefit Systems – Benefit Systems S.A., with its registered office in Warsaw, at the following\naddress: Plac Europejski 2, 00-844 Warsaw, entered in the Register of Entrepreneurs in the\nNational Court Register kept by the District Court for the Capital City of Warsaw, 13th\nCommercial Division of the National Court Register (KRS), with the KRS Number: 0000370919,\nNIP 836-16-76-510, REGON 750721670, e-mail address: [email protected], tel. no.: (22)\n242 42 42,\n\nPassword – a sequence of letters, digital or other characters used to secure access to the\nAccount of the Service User. The password must meet the following criteria: have at least 8\ncharacters, including one capital letter, one lower case letter, one digit and one special\ncharacter (e.g. !, $, &),\nMultiSport Card, Card – a personal card issued by Benefit Systems, which entitles the User to\nuse the MultiSport Program services available for a specific Card type. The Card may be in the\ntraditional format of a plastic chip card bearing the User’s signature, or in the electronic format\nof a digital record in the Application, hereinafter referred to as the “Mobile Card”. The terms\nand conditions of use of the Card shall be defined in a separate \"Terms and Conditions of Use\nof MultiSport Programme Cards\" document, available at https://www.benefitsystems.pl/dla-\nciebie/multisport/,\nCustomer – an entity which has enabled the User to use the MultiSport Programme or the\nMultiLife Programme (in case of Employee Users, a Customer will typically be the User’s\nemployer, and in case of Users who are Additional Persons, a Customer will typically be the\nEmployer of the Employee User),\nAccount – the individual account of the Service User maintained on his/her behalf by Benefit\nSystems, after his/her registration. The Account enables the Service User to use all features of\nthe Websites and the Application available for a given Service User,\nLogin – an individual identification of the Service User, required along with the Password in\norder to use the Account. The e-mail address of the Service User entered by the Service User\nduring Registration shall be the Service User’s login,\nMobile Card – MultiSport Card in the electronic form in the Application,\nAdditional Person – a User who is not an Employee,\nPartner – an entity which provides services to the Users as part of the MultiSport Programme or\nthe MultiLife Programme on the basis of a contract with Benefit Systems,\nPlatform, eMultiSport Platform – website available at emultisport.pl designed for the\nadministrative support of the MultiSport Programme and MultiLife Programme. A Service User\nmay access eMultiSport Platform only if the Customer has enabled him/her to use that Platform,\nEmployee – a natural person who is an employee of the Customer under a contract of\nemployment or one who collaborates with the Customer under a contract of mandate, task-\nspecific contract, cooperation agreement, service contract or on a different legal basis,\n\nProduct – the MultiSport Card or the MultiLife Service, respectively,\nMultiLife Service – a personal product issued by Benefit Systems granting the User the right to\nuse the services specified in the MultiLife Programme which are available for the given type of\nthe MultiLife Service. The MultiLife Service is issued only in the form of an electronic record (i.e.\nthe MultiLife Service number). The terms and conditions of use of the MultiLife Service shall be\ndefined in separate “Terms and Conditions of Use of the MultiLife Programme” available at\nhttps://www.benefitsystems.pl/dla-ciebie/multilife/,\nProgramme – the MultiSport Programme or the MultiLife Programme, respectively,\nMultiLife Programme – a programme comprising a selection of wellbeing services customized\nby Benefit Systems for the Customer and provided to the Users. A User may only participate in\nthe MultiLife Programme if the Customer has enabled him/her to use the MultiLife Programme. A\ndetailed description of the range of services available for the individual MultiLife Services shall\nbe available from the benefitsystems.pl website, MultiLife tab,\nMultiSport Programme – a programme comprising a selection of sports and recreation\nservices customized by Benefit Systems for the Customer and provided to the Users. A User\nmay only participate in the MultiSport Programme if the Client has enabled him/her to use the\nMultiSport Programme. A detailed description of the range of services available for the\nindividual Cards shall be available from the benefitsystems.pl website, MultiSport tab,\nTerms and Conditions – these terms and conditions, together with all the appendices hereto\nwhich constitute an integral part hereof,\nRegistration – an activity performed in the manner specified in the Terms and Conditions,\nwhich must be completed by the Service User before all features of the Website and the\nApplication, including the Account, which are available to the Service User can be used; this\nactivity constitutes conclusion of the Account Agreement,\nMultiLife Platform – website available at multilife.com.pl, which is a collection of services and\nfunctionalities available to the MultiLife Service User after registration and logging into the\nMultiLife Platform, and a set of Service User’s data and settings related to operation of services\nafter logging in,\nMultiSport Zone – website available at kartamultisport.pl, which is a collection of services and\nfunctionalities available to the MultiSport Card User after registration and logging into the\n\nMultiSport Zone, and a set of Service User’s data and settings related to operation of services\nafter logging in,\nWebsite – website available at kartamultisport.pl or multilife.com.pl or emultisport.pl\nrespectively, together Websites,\nAccount Agreement – means a free-of-charge agreement of electronically supplied services,\nwhich is concluded between the Service User and Benefit Systems for an indefinite period of\ntime, the object of which is to maintain the Account for the Service User,\nService User – any person using the Website or the Application on terms specified in these\nTerms and Conditions,\nUser – means a natural person who uses a MultiSport Programme or MultiLife Programme,\n§ 2 Rights and Obligations of the Service User. Account Registration\nService Users may use the kartamultisport.pl or multilife.com.pl or the Application as\nunregistered or registered Service Users. Only registered Service Users who are Employees may\nuse the Website provided that the Customer has allowed them to use the Platform.\nUpon the moment the Website or the Application is actually used by an unregistered Service\nUser, an agreement of electronically supplied services is concluded, under which functionalities\nof the Website or the Application can be used in accordance with provisions of the Terms and\nConditions. The agreement is terminated upon the moment the service is actually performed.\nOnly Service Users who are at least 13 years old and have at least limited legal capacity may\nregister an Account on the Website or in the Application.\nIf the Service User is a Child under the age of 13, Registration on the Website or in the\nApplication shall be made on behalf of the child by their parent or legal guardian.\nEach Service User may hold one Account only.\nFor Registration purposes, the Service User should enter the data required in the registration\nform and accept the Terms and Conditions. Next, the Service User will receive the Registration\nconfirmation and an activation link to the e-mail address of the Service User entered during\nRegistration. The Service User should click the activation link to activate the Account. As soon\nas Registration is confirmed, an Account Agreement is concluded.\n\nRegistration or logging in is also possible via third party authentication services selected when\nchoosing the method of Registration or logging in (e.g. Apple, Facebook). To Register or log in\nusing third party authentication services, the Service User must have an account with a provider\nof such a service. Logging in via a third party authentication service is possible only after a prior\nRegistration via such a service.\nThe Account of the Service User on the Websites and the Application is integrated in such a way\nthat the Registration on one Website or Application allows the Service User to use other\nWebsites and Applications after logging in, without the need to re-register (provided that the\nWebsite or Application are available to the Service User). Essentially:\na. for Registration on the Website - the Service User logs into other Websites and Applications\nusing the Login and Password entered on the Website,\nb. for Registration in the Application - the Service User logs into Websites using the Login and\nPassword entered in the Application,\nc. in the event that the Service User’s Account is deleted from the Website, the Service User’s\nAccount shall also be deleted from other Websites and the Application,\nd. in the event that the Service User’s Account is deleted from the Application, the Service User’s\nAccount shall also be deleted from the Websites.\nRegistration of an Account and its use shall be voluntary.\nEach Service User shall be obliged to use the Website and the Application solely for his/her own\nuse and in a manner consistent with the content of these Terms and Conditions, legal\nregulations and good practices.\nThe Service User shall be required to secure the data of the Account (Login and Password,\nProduct number) against unauthorized access. The Service User should in particular make\nevery effort to keep the Password confidential and not to disclose it to third parties. The Service\nUser shall be required to immediately notify Benefit Systems in the manner specified in Article 7\nbelow of each and every breach of their Password or the Product number, and of any violation of\nthe rules laid down in these Terms and Conditions. In that case, the Service User should change\nthe Password immediately, using the appropriate functionalities within his or her Account.\nIn particular, the following shall be forbidden:\na. delivering illegal content or the Service User using the Website or Application contrary to these\nTerms and Conditions, provisions of law, good practices, or violating the personal rights of third\n\nparties and the rights and interests of Benefit Systems;\nb. modifying the Website or the Application;\nc. placing in or distributing via the Website or the Application any malicious software (including\nviruses and trojans) or other mechanisms that could cause a disruption in the operation of the\nWebsite or the Application or its functioning contrary to these Terms and Conditions;\nd. impersonating other people, providing false personal data or otherwise misleading as to the\nService User’s identity;\ne. making available to third parties one's Account.\nIf the Service User is found to have been using the Website or the Application in breach of the\napplicable regulations or these Terms and Conditions, and in particular that they engage in the\npractices described in subpara. 10-12 above, and particularly breach the security mechanisms\nof the Website or the Application or engage in other forms of hacking, Benefit Systems may,\nwith immediate effect, block such Service User’s Account. Benefit Systems shall immediately\nnotify the Service User of the blocking of the Account, and provide a reason for such a measure,\nto the e-mail address given by the Service User during registration. Benefit Systems may set a\ndeadline for the User to reinstate compliance with law and these Terms and Conditions, and if\nthe Service User adheres, Benefit Systems may unblock the Account.\nBenefit Systems may display information to Service Users on the Website on products and\nservices available to Product holders, including information on Benefit Systems’ own products\nand services as well as the products and services of Benefit Systems’ counterparties who offer\nadditional benefits to the Product holders (such as dietitian services, trainer services, medical\nand insurance services, as well as education and development services) in forms used over the\nInternet.\nThe Service User who gives their consent may receive push messages on the Website, i.e. short\nmessages that are displayed directly on the Website while the Service User is using the\nWebsite. The push messages may include administrative messages (such as information on a\nresponse to the Service User’s report, amendments to these Terms and Conditions, etc.), or\ninformation on products and services available to Product holders, including information on\nBenefit Systems’ own products and services as well as the products and services of Benefit\nSystems’ counterparties who offer additional benefits to the Product holders (such as dietitian\nservices, trainer services, medical and insurance services, as well as education and\n\ndevelopment services). The Service User may switch off or configure the push messages in\ntheir browser settings.\n§ 3 Withdrawal from, and Termination of the Account Agreement\n[withdrawal from the Account Agreement] The Service User has the right to withdraw from\nthe Account Agreement without cause within 14 days of conclusion of the Account Agreement.\nTo exercise the right of withdrawal, the Service User must notify Benefit Systems of his/her\ndecision by submitting a clear statement (for example a statement sent by post, by fax or by e-\nmail) to the following contact details: Benefit Systems S.A., Plac Europejski 2, 00-844 Warsaw,\naddress: [email protected], tel. no. (22) 242 42 42. For this purpose, the Service User\nmay use the form based on the specimen attached as Appendix 5 to the Terms and Conditions,\nwhich is not mandatory. In the event of a withdrawal from the Account Agreement, Benefit\nSystems shall immediately delete the Account on the Websites and in the Application. To\ncomply with the time limit for withdrawal from the Account Agreement, the Service User needs\nto send a notice of exercise of the Service User’s right of withdrawal prior to the expiry of the\ntime limit for withdrawal.\n[termination of the Account Agreement] The Service User may terminate the Account\nAgreement for convenience at any time. To exercise this right, the Service User must notify\nBenefit Systems of his/her decision using the following contact details: Benefit Systems S.A.,\nPlac Europejski 2, 00-844 Warsaw, address: [email protected], tel. no. (22) 242 42 42. In\nthe event of termination of the Account Agreement, Benefit Systems shall immediately delete\nthe Account on the Websites and in the Application, no later than within 14 days of the\ntermination notice (time limit for termination).\nService User’s withdrawal from or termination of the Account agreement is not equivalent to the\nUser’s resignation from the MultiSport Programme (i.e. the MultiSport Card) or the MultiLife\nProgramme (i.e. the MultiLife Service). The User may resign from the MultiSport Programme or\nthe MultiLife Programme at any time subject to the terms and conditions of the agreement with\nthe Customer. In order to resign from the MultiSport Programme or the MultiLife Programme, the\nUser may contact the Customer or Benefit Systems in a manner specified in Article 7 below or, if\nthe User has access to the eMultiSport Platform, he or she may effect the resignation through\nthe Platform. Detailed rules for User resignation from membership in the MultiSport Programme\nor the MultiLife Programme are laid down in terms and conditions of these Programmes,\navailable at benefitsystems.pl in the MultiSport or MultiLife tab respectively.\nThe Service User may contact Benefit Systems in all matters related to Benefit Systems\nprocessing of personal data of the Service User and matters related to the exercise of Service\n\nUser’s rights under the GDPR by using the contact form available\nat: https://www.benefitsystems.pl/formularz-dane-osobowe/, or by e-mail at\[email protected], tel. no. (22) 242 42 42, address for correspondence: Benefit\nSystems S.A., Plac Europejski 2, 00-844 Warsaw. The data protection officer may be contacted\nby e-mail at [email protected], and by post at: Benefit Systems S.A. Pl. Europejski 2, 00-\n844 Warszawa, in an envelope marked “IOD”.\nBenefit Systems may terminate the Account Agreement with a 14 days notice (by sending the\nnotice to the Service User by e-mail) for important reasons, such as the following\ncircumstances:\nthe lapse of uninterrupted 18 months or more since the Service User has not held a Product;\nthe Customer’s decision to withdraw the Service User’s rights to use the MultiSport Programme\nor the MultiLife Programme;\ndeath of the Service User;\ngross breach of the Terms and Conditions by the Service User, i.e. situations when the Service\nUser (closed catalogue) breaches provisions of § 2 subpara. 1, 3 – 7, 10 – 12 of the Terms and\nConditions.\nIn the event of termination of the Account Agreement, Benefit Systems shall delete the Account on\nthe Websites and in the Application within 14 days of the termination notice.\n§ 4 Technical requirements. Particular risks of using electronically supplied services\nBenefit Systems shall ensure that Service Users can use the Website via the Internet using all\npopular Internet browsers, operating systems, computer types and Internet connection types.\nBenefit Systems does not warrant and will not be responsible for ensuring that any configuration\noption of electronic equipment held by the Service User will enable the use of the Website. The\nminimum technical requirements for using the Website, subject to the previous sentence, are as\nfollows:\na. a computer or another electronic device with at least 2 Mb/s in Internet bandwidth,\nb. Operating system: Windows 7 or higher, Mac OS X 10.7 or higher, Ubuntu 10 or higher,\nc. equipped with the latest version of the web browser: Google Chrome, Firefox, Microsoft Edge,\nSafari or Opera, which will support cookies and JavaScript.\n\nBenefit Systems represents that the public nature of the Internet network and the use of\nelectronically supplied services may entail the risk of Service User’s data being intercepted and\nmodified by unauthorized individuals. Service Users should therefore use appropriate technical\nmeasures to mitigate those risks. In particular, Participants should use anti-virus software and\nsoftware protecting the identity of Internet users.\nBenefit Systems applies technical and organisational measures corresponding to the level of\nrisk, including measures to prevent unauthorized interception and modification of personal data\nsent on the Internet, in order to ensure security of messages and data transferred over the\nWebsite. Benefit Systems ensures secure transmission of data transmitted via the Website\nthrough the use of HTTPS protocol and signing data from the Service User's device with SSL\ncertificate.\nPrimary potential risks of using the Internet include:\na. malware;\nb. various types of applications or scripts which are harmful, criminal or malicious towards the\nnetwork user IT system, such as viruses, worms, trojans, keyloggers, dialers;\nc. spyware;\nd. software that tracks the Service User’s activities, collecting information about the Participants\nand sending it, without the Service User's knowledge or consent, to the author of the software;\ne. spam;\nf. unwanted and unsolicited electronic messages distributed concurrently to multiple users, often\nof advertising nature;\ng. wrongful eliciting of confidential personal information (such as passwords) by pretending to be\na respectable person or institution (phishing);\nh. attack on the Service User's IT system using such hacking tools as e.g. exploit rootkits.\nProtection against risks of the Service User’s use of the electronically supplied services is also\nafforded by:\na. active firewall,\nb. updating of any type of software,\n\nc. not opening electronic mail attachments from unknown sources,\nd. reading installation windows of applications, and their licensing terms,\ne. deactivating macros in MS Office files of unknown origin,\nf. regular comprehensive scans of the system by anti-virus and anti-malware software,\ng. data transmission encryption,\nh. installation of prevention software (attack detection and prevention),\na. using the original system and applications from legal sources.\nDetailed provisions on technical requirements and threats related to the use of electronically\nsupplied services relating to the Application are presented in Appendix 4 – terms and conditions\nof using MultiSport mobile application.\n§ 5 Personal data\nThe Benefit Systems shall be the controller of Service Users’ personal data.\nDetailed information on personal data processing is available\nat: https://www.kartamultisport.pl/obowiazek-informacyjny\n§ 6 Intellectual Property Rights\nIntellectual property rights to the Websites and Application and all content comprising or made\navailable on the Websites or the Application, such as text, artwork, logotypes, icons, images,\nphotos, audio and video files, data files, presentations, programs, navigation solutions,\nselection and layout of content presented on the Websites or the Application and any other data\nshall be protected (by copyright, protection rights to trademark and other exclusive rights)\ninuring to Benefit Systems or entities with which Benefit Systems has an agreement in place on\nthe use of such content to run the Website or the Application. No part of the Websites and\nApplication or content disseminated on the Websites and Application may be fixed, duplicated\nor disseminated in any form or manner and may not be traded without Benefit Systems' prior\nwritten consent.\nUse of the Website and the Application shall not result in the transfer of any intellectual\nproperty rights, in particular copyright to the Website or the Application or any part thereof, to\nthe Service User. Upon acceptance of these Terms and Conditions, Benefit Systems shall allow\nthe Service User to use the Website or the Application to the extent of its features as provided\n\nto the User and these Terms and Conditions, without territorial restrictions, for permitted\npersonal use.\n§ 7 Contact and Complaints\nThe Service User may contact Benefit Systems by post by writing to Benefit Systems S.A., Plac\nEuropejski 2, 00-844 Warsaw, adding the name of the concerned Website or the Application, or\nby e-mail at: [email protected] or by calling (22) 242 42 42. The call will be charged at the\noperator’s rate applicable to domestic calls.\nThe Service User may lodge complaints related to the use of the Website, Application,\nMultiSport Programme or MultiLife Programme, at the discretion of the complaining person: by\nwriting to the address of Benefit Systems: Plac Europejski 2, 00-844 Warszawa, with a notation\n“Reklamacja” [Complaint] or by e-mail to: [email protected], with a notation\n“Reklamacja” [Complaint] in the message’s title.\nA complaint should contain data identifying the person lodging the complaint (full name, login,\nProduct number), the exact mailing address or e-mail address for responding to the complaint\nas well as an indication of the reason for the complaint and the related request.\nA response to the complaint is provided within up to 14 days of the complaint being received by\nBenefit Systems. If the complaint does not contain the information necessary for reviewing the\ncomplaint, Benefit Systems will ask the complainant to supplement the complaint as necessary,\nand the time limit of 14 days shall run anew from the moment the supplemented complaint is\nsubmitted.\nA complaint shall be answered in writing or by e-mail, depending on how it has been lodged, to\nthe address specified in the complaint letter/message.\nComplaints shall be considered in accordance with these Terms and Conditions and the\nprovisions of law generally applicable in Poland.\n§ 8 Liability\nBenefit Systems may interrupt or disrupt provision of electronic services and provision of\naccess to the Website or the Application if the reason for such interruptions or disruptions is:\na modification, modernization, expansion or maintenance of the ICT system or Benefit Systems’\nsoftware provided that Service Users are notified of that by means of a message posted on the\nWebsite or the Application;\n\nreasons beyond control of Benefit Systems (force majeure, acts or omissions by third parties\nwhich Benefit Systems is not liable for).\nThe Website or the Application may contain links (connections) to websites that support the use\nof websites or electronically supplied services which are made available or provided by the\nPartners. Service Users shall use the websites and electronically supplied services from the\nPartners at their own risk. In addition, these Terms and Conditions shall not apply to the\nwebsites and electronically supplied services made available or provided by the Partners. In\nsuch case, terms and conditions defined separately by the Partners shall apply.\nBenefit Systems shall not be liable to Service Users for:\n1) the Website being non-operational or difficulties in using the Website or the Application due to\nreasons attributable to the Service User;\n2) the loss of the Password by the Service User or third parties learning the Password (regardless\nof the method used). However, Benefit Systems shall be liable if the Service User lost his/her\nPassword or third parties learn the Password for reasons which Benefit is liable for;\n3) damage caused by an act or omission by the Service User, in particular for the use of the\nWebsite or the Application by the User in a manner inconsistent with the applicable provisions of the\nlaw or these Terms and Conditions.\nService Users may use the services available on the Website and in the Application depending\non their health and fitness level.\n§ 9 Amendments to these Terms and Conditions\nFor important reasons, Benefit Systems may make amendments to the Terms and Conditions.\nThe Terms and Conditions may be amended for the following important causes:\na. change of existing services, introduction of new services or discontinuation of some product or\nservices by Benefit Systems;\nb. change to service provision methods;\nc. brand change;\nd. change necessitated by changes to any mandatory provisions of law or their interpretation;\ne. change necessitated by administrative decisions or a court ruling or another similar act (e.g.\nguidelines of competent bodies of public administration);\n\nf. technical change relating to the operation of the Website or the Application, including change or\nenhancement of the functionalities of the Website or the Application;\ng. change motivated by an improvement in the quality of service provision or enhancement of\nService Users safety;\nh. prevention of violations of the Terms and Conditions or stopping their abuse;\na. elimination of uncertainties or interpretation doubts concerning the Terms and Conditions;\nj. introduction by Benefit Systems of organisational or technological changes, including changes\nconcerning the rules of serving Service Users, which affect the manner in which Service Users\nare served.\nEach Service User shall be notified of amendments to these Terms and Conditions by sending\ninformation of amendments to the Service User’s e-mail or additionally by posting information\nabout amendments on the Website or the Application. The text of the current Terms and\nConditions shall always be available in the relevant tab on the Website or the Application.\nChanges to these Terms and Conditions shall take effect on the date specified in the change\nnotice, but not earlier than 14 days after notification of the change. In the event that the Service\nUser does not accept the changes, he or she may terminate the Account Agreement (as\nspecified in Article 3.2 hereof).\n§ 10 Final Provisions\nThe Polish law shall apply to settlement of any disputes arising out these Terms and Conditions.\nAny such disputes shall be resolved by the common court of local jurisdiction.\nService Users shall be advised by Benefit Systems of the possibility to have recourse to out-of-\ncourt complaint and redress methods. The rules of access to these procedures are available at\nthe registered offices or on the websites of entities authorised to deal with out-of-court\nresolution of disputes. The entities include in particular consumer ombudsmen or Provincial\nInspectorates of the Trade Inspection, the list of which is available on the website of the Office\nof Competition and Consumer Protection. Benefit Systems would like to inform you that there is\nan online system for resolving disputes between consumers and traders in the EU (the European\nOnline Dispute Resolution (ODR) platform) available at http://ec.europa.eu/consumers/odr/.\nBenefit Systems shall not resort to out-of-court resolution of consumer disputes as referred to\nin the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes.\n\nThese Terms and Conditions do not restrict or waive any rights of Service Users inuring to them\nunder unconditionally applicable laws.\nProvisions of the generally applicable Polish law shall apply to matters not regulated by these\nTerms and Conditions.\nThese Terms and Conditions shall come into effect on 14 February 2022.\nAppendix No. 1\nTerms and conditions of using kartamultisport.pl website\nFor unregistered Service Users, the MultiSport Zone supports searching for Facilities and\nbrowsing of selected content, including information about the MultiSport Programme or the\nFAQ.\nAccess to services in the MultiSport Zone shall only be provided to registered and logged-in\nService Users who hold an active MultiSport Card.\nAccess to services in the MultiSport Zone shall only be provided free of charge to Service Users\nwho hold an active MultiSport Card. In addition, the Service User shall bear the cost of data\ntransmission required to run and use the MultiSport Zone in the amount set by the\ntelecommunications operator whose services the Service User uses.\nThe Service User shall be able to use the following features in the MultiSport Zone:\na. Service User’s Account,\nb. sports facility finder,\nc. services available under the MultiSport Programme to logged-in Service Users who hold an\nactive MultiSport Card whose up-to-date range for a given Card type is available\nat www.benefitsystems.pl or kartamultisport.pl.\nBenefit Systems may allow Service Users to use other services than specified in subpara. 4\nabove and described in the MultiSport Zone or after accepting separate terms and conditions of\nsuch service.\nWhen searching for a Facility, the MultiSport Zone uses the geolocation feature. The\ngeolocation feature is disabled by default. The Service User may manually enable geolocation\nby granting consent to save the location of their device. Geolocation is not necessary for using\nthe Facility search engine.\n\nAppendix 2\nTerms and conditions of using multilife.com.pl website\nFor unregistered Service Users, the MultiLife Platform supports browsing of selected content,\nincluding information about the MultiLife Programme or the FAQ.\nAccess to services on the MultiLife Platform shall only be provided to registered and logged-in\nService Users who hold an active MultiLife Service.\nAccess to services under the MultiLife Platform may be payable to Service Users holding an\nactive MultiLife Service; the payment amount and charging terms shall be defined in the\nagreement with the Customer. In addition, the Service User shall bear the cost of data\ntransmission required to run and use the MultiLife Platform in the amount set by the\ntelecommunications operator whose services the Service User uses.\nThe Service User shall be able to use the following features of the MultiLife Platform:\na. Service User’s Account,\nb. services available under the MultiLife Programme to logged-in Service Users who hold an active\nMultiLife Service whose up-to-date range is available for a given type of Service at\nwww.benefitsystems.pl or multilife.com.pl.\nBenefit Systems may allow Service Users to use other services than specified in subpara. 4\nabove and described in the MultiLife Zone or after accepting separate terms and conditions of\nsuch service.\nAppendix 3\nTerms and conditions of using emultisport.pl website\n§ 1 Definitions. General provisions\nThe following capitalised terms used in these Terms and Conditions shall have the following\nmeaning:\nAcquirer – means an entity which handles the payment process,\nBusiness Days – weekdays from Monday to Friday, excluding public holidays,\n\nDelivery – means an actual act consisting in the delivery of a Product/Products to a User via the\nCustomer. For a MultiLife Service, Delivery consists in the Operator sending the MultiLife\nService number to the e-mail address of the User, which was entered when placing an order for\nthe MultiLife Service,\nPlatform User – means the Client or the Manager,\nOperator – means Benefit Systems,\nPayment – means payment of amounts due for User membership in a MultiSport Programme or\nMultiLife Programme under the Product Use Agreement,\nTerms of Use of MultiLife Services – means the terms and conditions of using the MultiLife\nService as defined in separate “Terms and Conditions of Use of the MultiLife Programme”\navailable at https://www.benefitsystems.pl/dla-ciebie/multilife/,\nTerms of Use of MultiSport Cards – means the terms and conditions of using the MultiSport\nCard as defined in separate “Terms and Conditions of Use of MultiSport Programme Cards”\navailable at https://www.benefitsystems.pl/dla-ciebie/multisport/,\nProduct Use Agreement – means an agreement for the provision of services under the\nMultiSport Programme or MultiLife Programme concluded between the Client and the Operator\nelectronically via the Account under the rules set out in the Terms and Conditions, based on\nwhich the Operator provides the User with a service of membership in the MultiSport\nProgramme or MultiLife Programme and delivers the ordered MultiSport Cards or MultiLife\nServices respectively that entitle the User to use the services set out in the MultiSport\nProgramme or MultiLife Programme, and the Client, by making the Payment, finances or co-\nfinances the cost of membership in the Programme. The Client may conclude the Product Use\nAgreement only if the Customer makes it possible for the Client under the Master Agreement,\nMaster Agreement – means a service agreement concluded between the Customer and the\nOperator, which lays down the terms of membership in the MultiSport Programme or MultiLife\nProgramme for the Users and the time limit for placing orders for the Products (MultiSport Cards\nor MultiLife Service), the period for which the Products can be ordered, the number of Products\nof a given type available to the Client and the possible scope of financing or co-financing of the\ncost of the Products by the Client,\nClient – an Employee with full legal capacity, who uses the Platform,\n\nProduct Order – means a factual act performed by a Client using an Account that generates an\nobligation on the part of the Operator to provide the User with a service of membership in the\nMultiSport Programme or MultiLife Programme and deliver the products ordered (MultiSport\nCards or MultiLife Services) or activate them so that the User is able to use the services\nspecified in the Programme. The Client may Order the Product only if the Customer makes it\npossible for the Client under the Master Agreement,\nManager – means the Employee who uses the Platform on behalf of the Customer authorised\nby the Customer to perform activities related to administration of the MultiSport Programme or\nthe MultiLife Programme via the Platform, to the extent and under the rules laid down in the\nMaster Agreement.\nSince the Master Agreement is the basis for using the Programme, before starting to use\nthe Programme, the Platform User should obtain information about the scope and\nmanner of using the Platform or the Programme and the Platform from his or her\nemployer or the principal (Customer). The Operator makes available to Platform Users,\nthrough the Platform, information on the detailed rules of using the Programme and\nPlatform, as well as information about available MultiSport Cards or the MultiLife\nServices. The current scope of services available for different MultiSport Card types and\nMultiLife Services is listed on www.benefitsystems.pl in the MultiSport or MultiLife tab\nrespectively. The Operator may change the manner of Programme use by a particular\nPlatform User only at the request of the Customer.\n§ 2 Registration. Use of the Account\nThe Client shall Register in the manner described in § 2 of the Terms and Conditions unless the\nMaster Agreement provides otherwise.\nThe Manager shall Register as follows: The Operator creates the Manager’s Account using the\nManager’s data provided in the Master Agreement. Then, the Operator sends the Account\nconfirmation with an activation link to the Manager. The Manager should click the activation link\nto confirm the Registration, accept the Terms and Conditions and set up the Password. As soon\nas Registration is confirmed, an Account Agreement is concluded.\nThe Master Agreement may provide for another method of Registration, of which the Platform\nUser will be informed by the Operator or the Customer.\nThe Client may use the following functionalities of the Platform: enter into Product Use\nAgreement or place Product Orders, order a Product duplicate, activate and deactivate the\n\nProduct, perform other functionalities described on the Platform; the scope of functionalities\navailable to the Client is defined in the Master Agreement.\nThe Manager may use the following functionalities of the Platform: perform activities related to\nadministration of the MultiSport Programme or the MultiLife Programme via the Platform (e.g.\norder a Product, order a Product duplicate, activate and deactivate the Product, perform other\nfunctionalities described on the Platform); the scope of functionalities available to the Client is\ndefined in the Master Agreement.\nIf the Operator or Customer terminates the Master Agreement, Benefit Systems shall block\naccess to the Platform for Platform Users of that Customer, on the day the Master Agreement is\nterminated. Platform Users shall continue to have an Account and shall be able to use other\nWebsites and Applications (other than the Platform).\nIf the Customer decides to deprive the Platform User from the right to use the Platform or the\nMultiSport Programme or the MultiLife Programme, Benefit Systems shall block access to the\nPlatform to that User from the day specified by the Customer. The Platform User shall continue\nto hold the Account and shall be able to use other Websites and Applications (other than the\nPlatform).\nIf the Customer ceases to pay amounts due under the Master Agreement, the Operator may\nblock Platform access to Users of the Platform of that Customer. After the outstanding\npayments are made, the access will be unblocked.\n§ 3 Product Orders (if the Programme is fully financed by the Customer)\nA Client whose cost of membership or whose Additional Person’s cost of membership in the\nMultiSport Programme or MultiLife Programme is fully funded by the Customer places a Product\nOrder to use the services provided as part of the Programme. The scope of services available to\nthe Client results from provisions of the Master Agreement concluded between the Customer\nand the Operator, which specifically defines the rules of membership in the MultiSport\nProgramme or MultiLife Programme, the rules and method of ordering MultiSport Cards or\nMultiLife Services, the expiry date of MultiSport Cards or MultiLife Services, the number of\nMultiSport Cards of a given type or the MultiLife Services available to the User.\nIn order to place a Product Order for himself or herself, the Client selects the Product\n(MultiSport Card or MultiLife Service), agrees to the processing of personal data for the purpose\nof using services in connection with the MultiSport Programme or MultiLife Programme\nrespectively, and accepts the Terms of Use of MultiSport Card or the Terms of Use of MultiLife\nService, depending on the Programme which the User applies to.\n\nIn order to place a Product Order for an Additional Person, a Client selects the Product\n(MultiSport Card or MultiLife Service) and enters the e-mail address of the Additional Person to\nwhom the Operator will send information regarding the order for the Product so that the\nAdditional Person can fill out the required data and grant their consent to the processing of\npersonal data to use the services related to the MultiSport Programme or MultiLife Programme\nas applicable, and to accept the Terms of Use of MultiSport Cards or the Terms of Use of the\nMultiLife Services, depending on the Programme to which the Client enrols the Additional\nPerson. The Additional Person will receive, at the indicated e-mail address, a notice requesting\nthat the Additional Person fills out the data and grants consent to the processing of personal\ndata in order to use the services in connection with the MultiSport Programme or MultiLife\nProgramme respectively and that the Additional Person accepts the Terms of Use of MultiSport\nCards or the Terms of Use of the MultiLife Services respectively. Granting of the consents\nmentioned above is necessary to receive the Product. The Client will receive a notice from the\nOperator requesting that the Additional Person supplements the data and grants their consent.\nIf the Additional Person is a minor, the consent to the processing of personal data and to the\napproval of Terms of Use of MultiSport Cards or Terms of Use of MultiLife Services is granted by\nthe parent or legal guardian of the minor.\nIn the Master Agreement, the Operator and the Customer may agree on a different process of\nplacing Orders than the process described in subpara. 2 and 3 above (e.g. the Operator may\nprovide the Client with the option to attach a signed scan of a statement by an Additional\nPerson or parent or legal guardian of the Additional Person who is a minor regarding the consent\nto processing of personal data for the purposes of using the services in connection with the\nMultiSport Programme or the MultiLife Programme or the Customer shall collect and archive\nrelevant consents from Additional Person in writing).\nAs soon as the Client submits a Product Order, an automatic message with a confirmation that\nthe Product Order has been accepted will be sent to the e-mail address of the Client. The\nconfirmation will also be available in the relevant tab in the Client’s Account. The confirmation\nwill include the following information: Product type (MultiSport Card or MultiLife Service), the\ndate from which the Product will be active and, if applicable, the period for which the Product is\nordered.\nWhen the Client places the Product Order, the Operator will deliver the Product(s) in the manner\nand by the date specified in the Master Agreement.\nThese provisions will not prevent the Client from ordering the Product for himself or herself at\nthe same time, without making payment in accordance with this paragraph, and ordering the\n\nProduct for the Additional Person with an obligation to make payment in accordance with article\n4 of this Appendix 4 to the Terms and Conditions (Product Use Agreement). In such a case,\nprovisions of § 4 below apply to placing orders for Products for the Additional Person.\n§ 4 Product Use Agreement (if the Programme is financed or co-financed by the Client)\n A Client who finances or co-finances the cost of membership in the MultiSport Programme or\nMultiLife Programme (for the Platform User or an Additional Person) enters into the Product Use\nAgreement to use the services provided as part of the Programme.\nInformation about the detailed rules of using the Programme, in particular about the amounts\nand dates of Payments, is made available to the Client on the Platform in a manner which allows\nthe Client to become familiar with such information before the Platform User commences the\nprocedure of concluding the Product Use Agreement as described in the following paragraphs.\nThe Product Use Agreement is concluded for an indefinite period of time and may be terminated\nwith a notice effective at the end of the calendar month in which the notice of termination is\nmade, unless the Master Agreement stipulates otherwise.\nIn order to conclude the Product Use Agreement for himself or herself, the Client selects the\nProduct (MultiSport Card or MultiLife Service), agrees to the processing of personal data for the\npurpose of using services in connection with the MultiSport Programme or MultiLife Programme\nrespectively, and accepts the Terms of Use of MultiSport Card or the Terms of Use of MultiLife\nService, depending on the Programme which the User applies to.\nIn order to conclude the Product Use Agreement for an Additional Person, a Client selects the\nProduct (MultiSport Card or MultiLife Service) and enters the e-mail address of the Additional\nPerson to whom the Operator will send information regarding the order for the Product so that\nthe Additional Person can fill out the required data and grant their consent to the processing of\npersonal data to use the services related to the MultiSport Programme or MultiLife Programme\nas applicable, and to accept the Terms of Use of MultiSport Cards or the Terms of Use of the\nMultiLife Services, depending on the Programme to which the Client enrols the Additional\nPerson. The Additional Person will receive, at the indicated e-mail address, a notice requesting\nthat the Additional Person fills out the data and grants consent to the processing of personal\ndata in order to use the services in connection with the MultiSport Programme or MultiLife\nProgramme respectively and that the Additional Person accepts the Terms of Use of MultiSport\nCards or the Terms of Use of the MultiLife Services respectively. Granting of the consents\nmentioned above is necessary to receive the Product. The Client will receive a notice from the\nOperator requesting that the Additional Person supplements the data and grants their consent.\n\nIf the Additional Person is a minor, the consent to the processing of personal data and to the\napproval of Terms of Use of MultiSport Cards or Terms of Use of MultiLife Services is granted by\nthe parent or legal guardian of the minor.\nIn the Master Agreement, the Operator and the Customer may agree on a different process of\nentering into the Product Use Agreement than the process described in subpara. 4 and 5 above\n(e.g. the Operator may provide the Client with the option to attach a signed scan of a statement\nby an Additional Person or parent or legal guardian of the Additional Person who is a minor\nregarding the consent to processing of personal data for the purposes of using the services in\nconnection with the MultiSport Programme or the MultiLife Programme or the Customer shall\ncollect and archive relevant consents from Additional Person in writing).\nThe Client indicates whether the use of the services specified in the Programme is to start\nbefore the lapse of the Product Use Agreement by selecting the appropriate option on the\nPlatform.\nNext, the Client selects the “Payment” or equivalent instruction from the relevant Platform tab.\nSelecting a “Payment” or equivalent instruction means that an offer is placed with the Operator\nfor entering into a Product Use Agreement. This offer is promptly accepted by the Operator by\nsending to the Client a confirmation of conclusion of the Product Use Agreement referred to in\nsubpara. 9 and 10 below.\nAs soon as the Client selects the “Payment” or equivalent instruction, an automatic message\nwith a confirmation of conclusion of the Product Use Agreement will be sent to the e-mail\naddress of the Platform User, as entered in the Account details. At this moment, the Product\nUse Agreement is entered into. The confirmation will also be available in the relevant tab in the\nClient’s Account.\nThe confirmation of the Product Use Agreement conclusion will include, among others, the\nfollowing information: Product type (MultiSport Card or MultiLife Service), the date from which\nthe Product will be active, payment dates, the method and date of Product Delivery, Product\nexpiry date if any, and a notice on the right of withdrawal from the Product Use Agreement.\nUpon conclusion of the Product Use Agreement and making the Payment, the Operator shall\ndeliver the Product(s).\nThe amount of Payment binding on the parties to the Product Use Agreement is the amount of\nfinancing or co-financing of the cost of Programme membership by the Client, is expressed in\nPolish zlotys and is indicated in the Platform when the Client orders the Product.\n\nThe Client may instruct that Platform payments for services be made by the Operator in the\nform of recurring card payments.\nIf such an instruction is placed, the Operator is responsible for the correct payment order.\nAt any time during the term of the Product Use Agreement, the method of making payments\nmay be changed.\nThe Operator will issue accounting documents in accordance with governing provisions of the\nlaw for the costs of Programme membership incurred by the Client and paid through the\nPlatform at the amount corresponding to the payment made.\n§ 5 Payments\nPayments made on the Platform by a bank transfer or payment card in connection with the\nProduct Use Agreement will be processed by PayU S.A. with its registered office in Poznań at ul.\nGrunwaldzka 186, entered into the Register of Entrepreneurs kept by the District Court for\nPoznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register,\nunder KRS No.: 0000274399, NIP (Tax Identification Number): 779-23-08-495, REGON\n(statistical number) 300523444, as the Acquirer.\nAfter conclusion of the Product Use Agreement, the Client may choose the method of making\npayments:\na. on his/her own, in which case the Client is obliged to order Payments to the Acquirer before\ncommencement of each consecutive Settlement Period within the time limit specified in the\nProduct Use Agreement, or\nb. via the Operator, in which case the Operator is obliged to order Payment to the Acquirer by the\ndates specified in the Product Use Agreement, without the need for the Client to submit\ninstructions in this regard each time.\nA Client makes Payments on his/her own. The Operator will not charge the Client any fees for\nexecution of Payments through the Acquirer.\nFailure to make the Payment by the date prescribed by the Product Use Agreement results in\nthe Product being blocked, i.e. suspension of the right to use the services specified in the\nProgramme. The Operator will not charge any Programme membership fees for the period of\nsuspension.\n\nIf the Product remains blocked due to failure to make the Payment for a period longer than 9\nconsecutive months, the Operator may terminate the Product Use Agreement with a one\nmonth’s notice (i.e. one month before termination of the Agreement, the Operator will send an\nelectronic message to the Client informing him or her about the planned termination of the\nProduct Use Agreement).\nThe Client may file any complaints due to non-performance or improper performance of\nPayment services to the Acquirer or to the Operator.\n§ 6 Withdrawal from the Product Use Agreement\nThe Client may withdraw from the Product Use Agreement in whole or in part without stating the\nreason within 14 days of the date of conclusion of the agreement, i.e. from the date of receipt of\nthe confirmation of its conclusion as referred to in article 4.9 and 4.10 along with the instruction\non the right of withdrawal.\nTo exercise the right of withdrawal, the Client must notify Benefit Systems of his/her decision by\nsubmitting a clear statement (for example a statement sent by post, by fax or by e-mail) to the\nfollowing contact details: Benefit Systems S.A., Plac Europejski 2, 00-844 Warsaw, address:\[email protected], tel. no. (22) 242 42 42. For this purpose, the Client may use the form\nbased on the specimen attached as Appendix 6 to the Terms and Conditions, which is not\nmandatory. To comply with the time limit for withdrawal from the Product Use Agreement, the\nClient needs to send a notice of exercise of the Client’s right of withdrawal prior to the expiry of\nthe time limit for withdrawal.\nWhen using Products issued to Additional Persons, withdrawal from the Product Use Agreement\nwith respect to the product issued to the Employee also means withdrawal from the Product Use\nAgreement with respect to all Products issued to Additional Persons, unless otherwise specified\nin the Master Agreement.\nIf the Client withdraws from the Product Use Agreement, the Operator shall refund the Client for\nthe amounts paid by the Client as part of financing or co-financing of Product costs (including\nthe costs of Product delivery, with the exception of additional costs arising out of the method of\ndelivery as selected by the Client, other than the least expensive ordinary way of delivery\noffered by the Operator), using the same means of payment used by the Client, unless the\nClient specifically agrees to a different type of refund that does not involve any costs for the\nClient.\nThe money will be refunded immediately, at the latest 14 days after the Operator receives of the\nClient’s notice of withdrawal from the Product Use Agreement.\n\nFor MultiSport Product, if, at the Client’s express request, the use of the services specified in\nthe Programme started before the end of the period for withdrawal from the Product Use\nAgreement as referred to in subpara. 1 above, the Client is required to pay for the services\nprovided by the Operator in respect of the Card issued to the Employee and the cards issued to\nAdditional Persons until withdrawal from the Product User Agreement, in the amount of 1/30 of\nthe monthly fee for the use of the services specified in the Programme for each day on which\nsuch Services are used by the Client or Users who are Additional Persons. The Platform\nOperator may deduct this amount from the amount of refund for the services referred to in\nsubpara. 5 above.\nFor MultiLife Service, if the Product Use Agreement for a MultiLife Service is concluded less\nthan 14 days before the date on which the MultiLife Service is activated and if, at the Client’s\nexpress request, the use of the services specified in the Programme started before the end of\nthe period of withdrawal from the Product Use Agreement and the Client has been notified by\nthe Operator of the loss of the right to withdraw from the agreement, then the Client will not be\nentitled to withdraw from the Product Use Agreement for the MultiLife Service (in accordance\nwith article 38 (13) of the Act on Consumer Rights).\nAppendix 4\nTerms and conditions of using MultiSport mobile application\n§ 1 Definitions. General provisions\nThe following capitalised terms used in these Terms and Conditions shall have the following\nmeaning:\nIdentity Document – a document which may be used to prove the User’s identity, showing his\nor her full name and photograph, issued by a public administration authority (in particular, an\nidentity card, passport, residence card, driver’s license), a professional self-government\nauthority (service card), primary school, secondary school, art college (school IDs) or tertiary\nschools (student IDs). An employee badge shall not be regarded as an Identity Document. An\nIdentity Document shall also be accepted in the form of presenting the screen of the User’s\nmobile device showing his or her personal data via the mTożsamość (mIdentity) feature of the\nmObywatel (mCitizen) app,\nChild – a child of the Employee aged under 15,\nKids Card – a Card issued by Benefit Systems to a Child, i.e. MultiSport Kids Card, MultiSport\nKids Aqua Card, MultiSport Plus Dziecko Card, MultiSport Classic Dziecko Card, MultiActive\n\nDziecko Card, MultiActive Kids Card, MultiSport Classic Kids Card, MultiSport Light Kids Card or\nMultiSport Light Dziecko Card,\nStudent Card – a Card issued by Benefit Systems to Youths,\nYouth – a child of the Employee between the age of 16 and 26,\nFacility – a facility where sports and recreation services are provided as part of the MultiSport\nProgramme,\nConfirmed Identity – a feature of the Application which confirms that the User’s identity has\nbeen verified.\nThe Application can be downloaded from an application store appropriate for a given mobile\ndevice, including GooglePlay, Huawei AppGallery or AppStore.\nService Users may use the Application as unregistered or registered Users.\nAny person who downloads the Application to his/her mobile device may use the Application as\nan unregistered Service User.\nAccess to services in the Application shall only be provided to registered and logged-in Service\nUsers who hold an active MultiSport Card (subject to services described in § 3 subpara. 1 and 2\nbelow).\n§ 2 Technical Requirements\nA mobile device with access to the Internet (a mobile phone or a tablet) shall be required for\ndownloading the Application.\nUse of the Application shall require a mobile device (a mobile phone or a tablet) with the\nAndroid or iOS operating systems in at least the following versions: Android v. 8.0, iOS v. 14.0\nand Internet connection.\nThe technical security measures provided within the Application shall include:\nd. encryption of API connection using SSL,\ne. authorization using an OAuth server.\nBenefit Systems represents that the public nature of the Internet network and the use of\nelectronically supplied services may entail the risk of Service User’s data being intercepted and\nmodified by unauthorized individuals. Service Users should therefore use appropriate technical\n\nmeasures to mitigate those risks. In particular, Service Users should use anti-virus software and\nsoftware protecting the identity of Internet users. Benefit Systems shall never ask the Service\nUser to provide their Password in any form.\n§ 3 Functionalities\nIn case of unregistered Service Users, the Application enables searching for Facilities and\nsharing the Application with other Service Users, as well as Service Users can browse selected\ncontent, including information about the MultiSport Programme, contact details and FAQ.\nA Service User registered and logged in to the Application may use all features available to\nunregistered Service Users and the following features available only to registered Service Users:\na. Service User’s Account,\nb. pedometer,\nc. evaluating the Application and leaving comments about the Application in the additional “Rate\nApplication” module,\nd. other services described in the Application for logged-in Service Users.\nA Service User registered and logged in to the Application who holds an active MultiSport Card\nmay use the features specified in subpara. 1-2 above, and the following additional features:\na. access to the video content,\nb. adding Facilities searched in the search engine to the “Favourites\" category and giving opinions\non the Facilities,\nc. connecting the Mobile Kids Card to the Service User Account – feature available only to\nEmployee Service Users,\nd. making the Mobile Kids Card available to other Service Users registered in the Application\n(excluding other Kids Card Service Users) – feature available only to Employee Users,\ne. Confirmed Identity,\nf. other services described in the Application for logged-in Service Users who hold an active\nMultiSport Card.\nWhen searching for a Facility, the Application uses the geolocation feature. The geolocation\nfeature is disabled by default. The Service User may manually enable geolocation by granting\n\nconsent to save the location of their mobile device. Geolocation is not necessary for using the\nsearch engine.\n[connecting a Mobile Kids Card to the Service User’s Account] A Service User who is an\nEmployee may only connect to his/her Account the Kids Card issued to him/her for a Child\nregistered in the MultiSport Programme by that Service User. After confirmation of the\nconnection, the Mobile Kids Card will be displayed in the Account of the Service User as an\nAdditional Mobile Card.\n[making the Mobile Kids Card available to other Service Users registered in the\nApplication (excluding other Kids Card Service User)] Having connected the Mobile Kids\nCard to his or her Account, the Employee who is the Service User may use the feature\nconsisting in making the Mobile Kids Card available to other Service Users registered in the\nApplication (including Student Card Users, but excluding other Kids Card Users). After\nconfirmation of the connection, the Mobile Kids Card will be displayed in the Account of the\nService User as an Additional Mobile Card. If the Mobile Kids Card is made available to a Student\nCard User who is under 18 years of age, when visiting the Facility, the Student Card User and\nthe Kids Card User should report at the Facility reception (except for the Swimming Pool Facility)\nthat they are minors and present their parent's or legal guardian's consent to the visit in\naccordance with the terms and conditions in force at the Facility.\n[Confirmed Identity] In order to obtain a Confirmed Identity, the Service User should carry out\nthe process of verifying his/her identity as follows:\na. The Service User should upload his/her photo from the memory of his/her mobile device to the\nApplication, and then\nb. The Service User should present at the Facility the identity document and the Application with\nthe photo referred to in point a) above, together with the QR code or token number used to\nconfirm identity generated in the presence of the Facility staff. After confirmation of the identity\nin the Facility, the Service User obtains the status of a Service User with the identity verified in\nthe Application, which will be automatically marked in the Application with the annotation\n\"Confirmed\" on the Service User Account in the Application,\nc. the verification of the Child's identity may be carried out both by the Service User who has\nenrolled the Child in the MultiSport Programme and by the Service User to whom the Child's\nMobile Kids Card has been made available. In any case, in order to verify the identity of the\nChild, it shall be necessary to show the Child's identity document at the Facility (which does not\napply to Children not subject to the schooling obligation),\n\nd. The Service User may carry out identity verification at most Facilities; in order to confirm that a\nspecific Facility enables such identity verification, the Service User should check this at the\nwebsite at www.benefitsystems.pl/MultiSport/ via the Website’s Facility search engine or via the\nApplication’s “Search” tab before visiting such Facility.\nIf the Service User verifies his or her identity in the Application and obtains a Confirmed Identity,\nhe or she may not change his or her photo on a given mobile device (referred to in subpara.\n8(a)) for the duration of the photo change blockade (indicated in the Application). During that\ntime, the Service User may change the photo on a given mobile device by contacting Benefit\nSystems at the address: [email protected].\nThe Confirmed Identity shall be valid on a given mobile device only. If the mobile device is\nchanged or if several devices are used, the Service User should verify the identity on the new\n(next) device again.\n[pedometer] The Service User may use the feature consisting in displaying in the Application\ninformation on the number of steps taken by him/her on a given day and month, starting from\nthe moment of commencing the use of the pedometer. Data on the number of steps will be\ncollected:\na. from the Google Fit or HUAWEI Zdrowie service – for Android mobile devices,\nb. from the HealthKit service – for iOS mobile devices.\nIn order to use this feature, the Service User should:\na. have an account in GoogleFit or HUAWEI Zdrowie application or have active HealthKit service,\ndepending on the operating system available on the Service User's mobile device,\nb. connect the GoogleFit or HUAWEI Zdrowie or HealthKit service with the Application and give the\nApplication permission to display and store the number of steps.\nThe data obtained by Benefit Systems from the services indicated in this section do not constitute\nspecial categories of personal data, nor will they be used to assess the Service User's health.\nThe Service User may receive push messages, i.e. short messages that are displayed directly on\nthe screen of the Service User’s mobile device while the Service User uses or does not use the\nApplication, containing administrative information (e.g. information about responding to the\nService User’s request, amendments to these Terms and Conditions, etc.). If the Service User\nagrees, he or she may receive push messages displayed directly on the screen of the Service\nUser’s mobile device when the Service User is or is not using the Application, with information\n\non products and services available to Cardholders, including information on Benefit Systems’\nown products and services as well as the products and services of Benefit Systems’\ncounterparties who offer additional benefits to the Cardholders (such as dietitian services,\ntrainer services, medical and insurance services, as well as education- and development\nservices). The Service User may switch off or configure the Push messages in the Application\nsettings.\nThe Application may allow Service Users to use additional services upon acceptance of\nseparate terms and conditions governing a given service.\n§ 4 Using a Mobile Card and a Confirmed Identity\nOnly logged-in Service Users who hold an active MultiSport Card may use a Mobile Card and\nConfirmed Identity.\nIn order to use the services of a Facility as part of the MultiSport Programme using a Mobile\nCard, it shall be necessary:\na. for the Service User to hold an active MultiSport Card,\nb. to log in to the Application and, in the case of a Mobile Kids Card, log in to the Child's Account\nin the Application or add a Mobile Kids Card to the Service User's Account or make the Mobile\nKids Card available to another Service User,\nc. to generate a QR Code or token number,\nTo generate a QR code or token number an Internet connection is required.\nIf there is no Internet connection, the Service User can generate a QR Code or token number offline.\nThe screen with the QR Code generated should show \"Offline Code\". The Service User will be able to\nuse the QR Code or token number offline when he/she first generates a QR Code or token number\nonline when he/she has access to the Internet.\nd. presenting a valid QR Code or a valid token number to be scanned at the Facility together with:\ni. an Identity document, or\nii. a Confirmed Identity.\nIn most Facilities, the Service User may present a Mobile Card with a Confirmed Identity in order to\nuse the services available at the Facilities. In order to verify whether a given Facility accepts a Mobile\nCard with a Confirmed Identity, the Service User should check this on the following website before\n\nvisiting the Facility at www.benefitsystems.pl/MultiSport/ in the Facilities search or in the “Search” tab\nof the Application;\ne. if a QR code or token number cannot be generated in the Application, the Service User may\nobtain a QR Code or the token number with information necessary to use the services provided\nby the Facility (forename and surname of the Service User, Card type and number, information\nabout the Confirmed Identity status “Confirmed”, “Unconfirmed”, and if uploaded to the\nApplication – Service User’s photo) to the e-mail address of the Service User which is the\nService User’s Login in the Application.\nA QR Code or token number must be generated in the Facility immediately before using the\nservice of the Facility.\nThe QR Code and token number shall be one-time and they shall have a specific duration\nindicated each time in the Application.\nCancelling a visit to the Facility shall require the generation of a separate QR Code or token\nnumber and their presentation to Facility personnel.\nThe User shall not be able to use the Facility’s services unless he or she has complied with the\nprerequisites specified in these Terms and Conditions, the terms of the Card, or the house rules\nof the Partner’s Facility specified by the Partner, in particular:\na. in the event that the data on the Card or displayed by the Application on the Mobile Card does\nnot match the data in the Identity Document;\nb. in the event that the Service User carries no Card and does not use the Mobile Card;\nc. in the event that the Service User carries no Identity Document, and at the same time does not\nuse a Confirmed Identity in the Application.\nBenefit Systems shall have the right to deactivate a Confirmed Identity or block the Service User\nfrom using the Mobile Card in the following cases:\na. using the Confirmed Identity or the Mobile Card by the Service User in contravention of these\nTerms and Conditions, in particular if the Service User is not a Cardholder or if he/she uploaded\na photo of a person other than the Cardholder into the Application to obtain a Confirmed\nIdentity;\nb. reasonable suspicion of use of the Confirmed Identity or Mobile Card by unauthorised persons;\n\nc. use of the Mobile Card for a purpose which only serves to reduce the functionality of the\nApplication by deliberately limiting its availability or overloading its capacity;\nd. reasonable suspicion of any unauthorised operations related to the use of the Confirmed\nIdentity or Mobile Card.\nUsing the Application, including the Mobile Card, or deleting an Account in the Application shall\nnot affect the Service User's ability to continue using the plastic version of the Card with a chip.\n§ 5. Personal Data\nThe Controller of the Service User's personal data and – in the event that a Mobile Kids Card is\nadded to the Service User’s Account – of the Service User's Child, is Benefit Systems.\nDetailed information on the processing of personal data is available in the “Consent” tab of the\nApplication, after selecting the “More” option and then the “Settings” option.\nAppendix 5\nModel withdrawal statement from the Account Agreement\nTo submit a notice of withdrawal from the Agreement for maintaining an account on the Website / in\nthe Application with Benefit Systems, the following form of the notice may be used:\nBenefit Systems S.A.\nPlac Europejski 2\n00-844 Warsaw\[email protected]\nI ………………………………. hereby withdraw from the Agreement for maintaining an account in the Website\n/ Application: ……………………………….\nFull name………………………………………………………….\nLogin on the Website / in the Application……………………………………………………………\nAppendix 6\nSpecimen form of the withdrawal from the MultiSport Card/ MultiLife Service Use Agreement\nTo submit a statement of withdrawal from the Agreement for the Use of the Product, the following\nmodel statement may be used:\nBenefit Systems S.A.\nPlac Europejski 2\n00-844 Warsaw\n\[email protected]\nI hereby terminate the MultiSport Card/MultiLife Service Use Agreement.\nUser’s first name and surname: ………………………………………………………….\nE-mail address used to set up the Platform account: ………………………………………………………………\nNumber of the MultiSport Card / MultiLife Service of the User (if the MultiSport Card / MultiLife\nService is not delivered to the User, leave this field blank) …………………………………………………\nSCOPE OF WITHDRAWAL:\nresignation from the MultiSport Card / MultiLife Service of the Employee: YES*/NO (mark as\nappropriate):\n* In accordance with the Terms and Conditions, resignation from the MultiSport Card/MultiLife\nService by the Employee means resignation from all Cards/ Products of Additional Persons.\nor\nresignation from the MultiSport Card / MultiLife Service of the Additional Person\n(accompanying persons, children, young people, senior citizens) YES/NO* (mark as\nappropriate):\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\n* In accordance with the Terms and Conditions, no Cards/ Products of Additional Persons can be left\navailable if the Employee resigns from the MultiSport Card/MultiLife Service.\nName of the Employee’s employer** …………………………………………………..\nNumber of bank account to which the refund is to be made** ………………………………………………\n** Optional data; provision of such data will speed up application processing.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"MyFitnessPal","url":"https://www.myfitnesspal.com/terms-of-service","lang":"ENG","sector":"Sport","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"18.12.2020"},"document":{"title":"","text":"MyFitnessPal Terms and Conditions of Use\nEffective Date: December 18, 2020\nWelcome to MyFitnessPal. These Terms and Conditions of Use apply and govern your use of our\nwebsite and mobile application (the “App”) and are designed to create a positive, law-abiding\ncommunity of our users. By using MyFitnessPal, you are agreeing to all the terms and conditions\nbelow.\nMyFitnessPal, Inc. and any successor entity (referred to throughout as “MyFitnessPal,”\n“we” or “us”), offers a variety of content and services through the MyFitnessPal website and App\n(collectively, the “Services”).\nTHESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER\nIN SECTION 14. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH\nMYFITNESSPAL AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN\nAN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU\nCREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS\nAND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS. IF YOU\nDISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE\nOUR SERVICES.\nPlease note the summaries in shaded boxes at the top of most sections are provided to make the\nTerms easier to understand. In the event of a conflict between any summary and any section of the\nTerms, the Terms will control.\nPlease feel free to contact us through our Support Team if you have any questions or suggestions.\n1. Use of the Services and Your Account\n1.1 Who can use the Services\nYou must be at least 18 years old to use the Services.\nYou must be at least 18 to use the Services (unless otherwise specified in the International Terms\nsection applicable to specific jurisdictions). No individual under the age of 18 may use the Services,\nprovide any Personal Data (as that term is defined in the Privacy Policy) to us, or otherwise submit\nPersonal Data through the Services (e.g., a name, address, telephone number, or email address).\n1.2 Your Account\nYou may need to create a MyFitnessPal account to access the Services, and it's important that you\nkeep your account accurate and up-to-date (particularly your email address - if you ever forget your\npassword, a working email address is often the only way for us to verify your identity and help you\nlog back in).\nYou may need to register for a MyFitnessPal account to access or use certain Services. Your\naccount may also automatically provide you access and means to use any new Services.\nWhen you create an account for any of our Services, you must provide us with accurate and\ncomplete information as prompted by the account creation and registration process, and keep that\ninformation up to date. Otherwise, some of our Services may not operate correctly, and we may not\nbe able to contact you with important notices.\nYou are responsible for maintaining the confidentiality of any and all actions that take place while\nusing your account, and must notify our Support Team right away of any actual or suspected loss,\n\ntheft, or unauthorized use of your account or account password. We are not responsible for any\nloss that results from unauthorized use of your username and password.\nIf you are a resident of the European Union: You have the right to delete your account with us\nby contacting our Support Team. If you choose to permanently delete your account, the non-public\nPersonal Data that we have associated with your account will also be deleted.\n1.3 Service Updates, Changes and Limitations\nOur Services are constantly evolving. With the launch of new products, services, and features, we\nneed the flexibility to make changes, impose limits, and occasionally suspend or terminate certain\nServices. We may also update our Services, which might not work properly if you don't install the\nupdates.\nThe Services change frequently, and their form and functionality may change without prior notice to\nyou.\nWe may provide updates (including automatic updates) for certain Services as and when we see\nfit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or\nnew features (collectively, “Updates”). Certain portions of our Services may not properly operate if\nyou do not install all Updates. You acknowledge and agree that the Services may not work properly\nif you do not allow such Updates and you expressly consent to automatic Updates. Further, you\nagree that the Terms (and any additional modifications of the same) will apply to any and all\nUpdates to the Services. We may change, suspend, or discontinue any or all of the Services at any\ntime, including the availability of any product, feature, database, or Content. In addition, we have\nno obligation to provide any Updates or to continue to provide or enable any particular features or\nfunctionality of any Service. We may also impose limits on certain Services or restrict your access\nto part or all of the Services without notice or liability.\n1.4 Service Monitoring and Suspension\nWe reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or\nsuspend your account or access to the Services at any time.\nWe reserve the right, but have no obligation, to monitor any accounts and/or activities conducted\nthrough or in any way related to the Services (including inviting a fellow user into a community or\ngroup), as well as any user’s use of or access to Personal Data, and profiles of other users.\nWe may also deactivate, terminate or suspend your account or access to certain Services at any\ntime: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or\nthe spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion,\ndetermine you have created risk or possible legal exposure for MyFitnessPal, the general public,\nany third party, or any user of our Services, (3) in response to requests by law enforcement or\nother government agencies, (4) upon discontinuation or material modification of any Services, or\n(5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the\nnext time you attempt to access your account after any such deactivation, termination or\nsuspension.\n1.5 Security\nPlease let us know right away if you believe your account has been hacked or compromised.\nWe care about the security of our users. While we work hard to protect the security of your\nPersonal Data, User-Generated Content, and account, we cannot guarantee that unauthorized\nthird parties will not be able to defeat our security measures. Please notify our Support\nTeam immediately of any actual or suspected breach or unauthorized access or use of your\naccount.\n\n2. Ownership and Use of Content\n2.1 Definitions\nContent is what shows up in-app or on the website when you use our Services. User-Generated\nContent is any Content that is created by you or other users, and MyFitnessPal Content is all other\nContent.\nFor purposes of these Terms, (i) “Content” means any form of information, data or creative\nexpression and includes, without limitation, video, audio, photographs, images, illustrations,\nanimations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts,\nexecutable files, graphics, geo-data, workouts and workout data, biometric data and data elements\nderived therefrom, meal, or fitness training plans, annotations, nutrition information, recipes,\ninteractive features, designs, copyrights, trademarks, service marks, branding, logos, and other\nsimilar assets, patents, sounds, applications and any intellectual property therein, any of which\nmay be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-\nGenerated Content” means any Content that a user submits, transfers, or otherwise provides to\nor through the use of the Services; and (iii) “MyFitnessPal Content” means all Content that is not\nUser-Generated Content.\n2.2 Ownership\nYou own the Content that you create, and we own the Content that we create.\nAll MyFitnessPal Content and all copyright, trademarks, design rights, patents and other intellectual\nproperty rights (registered and unregistered) in and on the Services belong to MyFitnessPal and/or\nits partners or applicable third parties. Each user retains ownership, responsibility for, and/or other\napplicable rights in the User-Generated Content that he/she creates, but grants a license of that\nUser Generated Content to MyFitnessPal as explained in Section 2.5 below. MyFitnessPal and/or\nits partners or third parties retain ownership, responsibility for and/or other applicable rights in all\nMyFitnessPal Content. Except as expressly provided in the Terms, nothing grants you a right or\nlicense to use any MyFitnessPal Content, including any content owned or controlled by any of our\npartners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or\ncreate derivative works from the material presented through the Services unless specifically\nauthorized in writing by us.\n2.3 Our License to You\nYou are welcome to access and use the MyFitnessPal Content and Services. We work hard to\nprovide a great experience for our users, so please respect our intellectual property rights and only\nuse the MyFitnessPal Content and Services as intended. This includes not using any MyFitnessPal\nContent or Services for commercial purposes without our permission. We do have APIs and other\ntools you can use to help create your own apps and products. Contact us to find out more.\nSubject to your compliance with these Terms, we grant you a limited, revocable, personal, non-\ntransferable, and non-exclusive right and license to access and use the Services and MyFitnessPal\nContent for your own personal, noncommercial purposes, provided that you do not (and do not\nallow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign,\nsublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the\nMyFitnessPal Content or Services.\n2.4 Acceptable Usage Guidelines\n2.4.1 MyFitnessPal Content. Except as expressly permitted by applicable law or authorized\nby MyFitnessPal, you agree not to modify, rent, lease, loan, sell, distribute, or create\nderivative works based on the Services, the Services’ software, or any MyFitnessPal Content\n\noffered as part of the Services (other than User-Generated Content), in whole or in part. You\nshall not download, copy, or save MyFitnessPal Content, except (i) as expressly permitted by\nthe functionality of certain Services as provided for in the specific guidelines and/or additional\nterms applicable to those Services, or (ii) solely for personal use or your records.\n2.4.2 Commercial Usage of the Services. The Services, with the exception of certain\nproducts and services provided though MyFitnessPal branded websites we make available\nas tools for website owners (collectively, the “Commercial Tools”), are intended only for\nyour personal, non-commercial use. You shall not use the Services (other than certain\nCommercial Tools) to sell a product or service, increase traffic to your own website or a third-\nparty website for commercial reasons (such as advertising sales), or otherwise undertake any\nendeavor aimed at deriving revenue. For example, you shall not take the results from a\nsearch of the Services and reformat and display them, or mirror our home pages or results\npages on your website. Moreover, you shall not “meta-search” our Services. If you seek to\nmake commercial use of the Services other than through the Commercial Tools, you must\nenter into an agreement with us to do so in advance. To learn more about the Commercial\nTools, please contact us our Support Team. By using any of the Commercial Tools, you\nacknowledge and agree to the Terms and any additional terms and conditions applicable to\nthose select Services.\n2.4.3 Linking to the Services. If you would like to link to our Services on your website or\nApp, please follow these rules: (i) any link to the Services must be a text only link clearly\nmarked “MyFitnessPal” (without the use of any other trademark, logo copyright or any other\nintellectual property asset owned or controlled by MyFitnessPal) or in some other format\ndirected by us, (ii) the appearance, position and other aspects of the link may not damage or\ndilute the goodwill associated with our marks, (iii) the link must “point” to the root domain\nname of the Services and not to other pages within the Services, (iv) the appearance,\nposition and other attributes of the link may not create the false appearance that your\norganization or entity is sponsored by, affiliated with, or associated with MyFitnessPal, (v)\nwhen selected, the link must display the Service on full-screen and not within a “frame” on the\nlinking website or service, and (vi) we reserve the right to revoke its consent to the link at any\ntime and in its sole discretion, and upon our notification to you of such revocation of consent,\nyou agree to promptly remove the relevant link.\n2.5 Your License to Us\nWhen you post Content in connection with the Services, it belongs to you - however, you're giving\nus permission to use that Content in connection with our Services and make the Content available\nto others. We can edit or remove your Content from our Services at any time for any reason. Don't\npost any Content that is not yours or that you do not have permission to post.\nWhen you provide User-Generated Content to MyFitnessPal through the Services, you grant us\nand our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable,\nworldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or\notherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without\nlimitation, in order to conform to the requirements of any networks, devices, services, or media\nthrough which the Services are available), commercialize, create derivative works of, and\notherwise exploit such User-Generated Content in connection with any and all Services. You\nacknowledge and agree that: (a) we have the right to arrange the posting of User-Generated\nContent in any way we desire; (b) we have no obligation to provide you with any credit when using\nyour User-Generated Content, but if we choose to provide you with credit, the size and placement\nof the credit is at our sole discretion; and (c) you are not entitled to any compensation or other\npayment from us in connection with the use of your User-Generated Content.\nThe rights you grant in this license are for the limited purposes of allowing MyFitnessPal to operate\nand allow other users to use the Services in accordance with their functionality, improve the\n\nServices, and develop new Services. Notwithstanding the above, we will not make use of any of\nyour User-Generated Content in a manner that is inconsistent with our Privacy Policy.\nWe reserve the right to monitor, remove or modify User-Generated Content for any reason and at\nany time, including User-Generated Content we believe violates these Terms, the Community\nGuidelines, and/or our policies.\nYou agree you will respect the intellectual property rights of others. You represent and warrant you\nhave all the necessary rights to grant MyFitnessPal the foregoing license for all User-Generated\nContent you submit in connection with the Services and will indemnify us for any breach of this\nrepresentation and warranty.\n2.6 Spreading the Word\nIf you share someone else's Personal Data with us, you must first get their permission.\nWe hope you enjoy using our Services and encourage you to share your enthusiasm for them with\nyour friends. If you elect to use the features in our Services to tell a friend about the Services, we\nwill ask you to provide your friend’s email address or social media profile, which we may then use\nto contact your friend about the Services. We may store the information you provide for a period of\ntime, but we will not post this information publicly. You represent and warrant that you are\nauthorized to provide any third-party contact information that you provide to us for referrals and will\nindemnify us for any breach of this representation and warranty.\n2.7 Content Retention\nPlease keep in mind that when you make something publicly available on the Internet, it becomes\npractically impossible to take down all copies of it in the future.\nFollowing termination of your account, or if you remove any User-Generated Content from the\nServices, we may retain your User-Generated Content for a commercially reasonable period of\ntime for backup, archival, or audit purposes, or as otherwise required or permitted by law. Further,\nMyFitnessPal and its users may retain and continue to use, store, display, reproduce, share,\nmodify, create derivative works, perform, and distribute any of your User-Generated Content that\notherwise has been stored or shared through the Services. The license to your User-Generated\nContent therefore continues even if you stop using the Services. When you post something\npublicly, others may choose to comment on it, making your Content part of a social conversation.\nFor more information, please review our Privacy Policy.\n3. Community Guidelines\n3.1 Interactive Areas\nOur Services often contain community features. When you post content through these features that\ncontent may become public. We may, but do not always, monitor our community features, and\nultimately you are responsible for your interactions with other users. Please use good judgment\nand play fair.\nSome of our Services may include reviews, discussion forums, conversation pages, blogs or other\ninteractive areas or social features that allow you and other users to post User-Generated Content\nand interact with one another (“Interactive Areas”). You are solely responsible for your use of the\nInteractive Areas and for any User-Generated Content you post, including the transmission,\naccuracy and completeness of the User-Generated Content. As the Interactive Areas are often\npublic, you understand your User-Generated Content may be made and remain public. You should,\naccordingly, never post any Personal Data in an Interactive Area.\n\nWe are entitled, but have no obligation, to monitor our community features. You are solely\nresponsible for your interactions with other users, whether online or in person, including but not\nlimited to comments, challenges, and friendly competition. We assume no responsibility or liability\nfor any loss or damage resulting from any interaction with other users who employ the Services,\nindividuals you meet through the Services, or individuals who find you because of Content posted\non, by or through the Services. MyFitnessPal is under no obligation to become involved in and\ndisclaims all liability related to any disputes between its users and you release MyFitnessPal from\nall responsibility and liability arising out of or in connection with such dispute.\n3.2 Community Guidelines\nOur Services are intended to be a safe and supportive environment to help you reach your fitness\nand wellness goals. You cannot use our services to post inappropriate material, harass people,\nsend spam, violate intellectual property rights, or act inappropriately. Be reasonable and act\nresponsibly.\nOur Services are intended to create a safe and supportive community for all users. To maintain a\nsafe and positive environment, we require everyone to agree to and follow certain rules\n(the “Community Guidelines”) when posting User-Generated Content and using the Services.\nOur Community Guidelines are based in many instances on principles of applicable law. Violations\nof our Community Guidelines may expose you to criminal charges and civil liability. By using the\nServices you agree that your User-Generated Content and use of the Services, including without\nlimitation the Interactive Areas, will not violate the Community Guidelines. If you violate the\nCommunity Guidelines, we reserve the right to terminate your access to the Services.\nNo Inappropriate Content. Don’t post Content that is stalking, threatening, hurtful,\nharassing, abusive, or embarrassing to other members of the community. No derogatory\nreferences to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual\norientation, or endorsement of violence against any person or group, even if couched in\nhumor, will be permitted. This includes expressing stereotypes about any group or\ncommunity. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful,\ninflammatory, or that promotes sexually explicit material. You can respectfully disagree with a\nmessage, post or topic, but please do not attack other users by mocking or insulting them. If\nyou are attacked by another user, and you reciprocate, you may also be subject to the same\nconsequences.\nNo Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay\non-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread\noff-topic is considered hijacking. This includes posts that provoke or are intended to incite\nuproar.\nNo Promotion of Unsafe Weight-Loss Techniques or Eating Disorders. Use of the\nServices to promote, glamorize, or achieve dangerously low levels of eating is not permitted.\nAccordingly, please do not contribute the following types of Content, which may be removed\nwithout warning:\nContent intended to promote potentially unsafe or controversial weight loss products or\nprocedures, including non-medically prescribed supplements.\nProfiles, groups, messages, posts, or wall comments that encourage anorexia, bulimia,\nor very low calorie diets. This includes positive references to ana/mia, purging, or self-\nstarving.\nPhotos intended to glamorize extreme thinness.\nNo Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).\n\nNo Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation\nof the Services, including through unauthorized use, disruption, automated attacks,\nexploitation, or abuse of our resources\nNo Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.\nNo Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g.,\nviolence, impersonation and computer misuse).\nNo Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from\nany third party, including photographs, telephone numbers, street addresses, last names,\nemail addresses and passwords in the Interactive Areas.\nNo Public Posting of Private Conversations. Don’t publicly post an email or private\nmessage from any other user, moderator or administrator.\nNo Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal duty\nowed to a third party.\nNo Deceptive or Fraudulent Links. Don’t post deceptive or fraudulent links. This includes\nlinks with misleading descriptions, putting the wrong “source” field in a post, setting\nmisleading click-through links on images, or embedding links to interstitial or pop-up ads.\nNo Intellectual Property Infringement. Respect the intellectual property of others. If you\naren’t allowed to use someone else’s proprietary work or likeness (either by license or by\nlegal exceptions and limitations such as fair use), please don’t post it. In particular, if you\nhave any reason to believe User-Generated Content you see on our Services is infringing\nyour intellectual property or the intellectual property of others, please see the Intellectual\nProperty/DMCA section of our Terms.\nNo Impersonating MyFitnessPal or Others. Don’t post Content that is likely to deceive any\nperson or be used to impersonate any person, or to misrepresent your identity or affiliation\nwith any person, including with MyFitnessPal. Creating an account for the purposes of\ndeceiving other users or to work around a suspension is not permitted and will be grounds for\na permanent ban from the Services.\nNo Automated Querying. Do not send automated queries of any sort to the systems and\nnetworks we use to provide the Services without our express written permission.\nOther. Don’t post any Content that contains anything that, we in our sole determination, may\ndetermine is objectionable or inhibits any other person from using or enjoying the Services, or\nthat may expose MyFitnessPal or our users to any harm or liability of any kind. Don’t post\ncontent that may damage or dilute the goodwill associated with MyFitnessPal or our, logos\nand marks.\nIf we determine you are violating the Community Guidelines or otherwise have breached the\nTerms, we may take actions to address the issue, including, but not limited to, terminating your\nright to use the Services, removing your User-Generated Content, taking legal action against you\n(in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing\ninformation to law enforcement authorities. We reserve the right to enforce, or not enforce, these\nCommunity Guidelines in our sole discretion, and they don’t create a duty or contractual obligation\nfor us to act in any particular manner.\n3.3 Reporting Objectionable User-Generated Content\nPeople do post inappropriate content on user-generated content sites. We do our best to keep the\ncommunity safe and secure (users respecting the Community Guidelines helps), but you still might\nrun into bad content before we have a chance to take it down. If you spot anything objectionable,\nplease let us know.\n\nWhile we require all of our users to comply with the Community Guidelines and reserve the right to\nmonitor for violations, we ultimately cannot guarantee all users will comply with the Community\nGuidelines or these Terms at all times. If you believe any Content submitted to our Services\nviolates the Community Guidelines, or if you know or suspect someone is misusing your User-\nGenerated Content, please report it to the Support Team. We have the right, but not the obligation,\nto review and take action or remove any User-Generated Content you report. You understand and\nacknowledge that when you access or otherwise use the Services, you may be exposed to User-\nGenerated Content from a variety of sources, and we are not responsible for the accuracy,\nusefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such\nUser-Generated Content.\nWe are not responsible or liable for any injury or harm to you resulting from objectionable User-\nGenerated Content or another user’s failure to comply with our Community Guidelines.\n4. Intellectual Property/ DMCA\nWe respect intellectual property laws. If anything is wrong, please send an email with all the details\nto [email protected].\nIf you believe User-Generated Content or MyFitnessPal Content infringes copyright or trademark\nunder U.S. or other national law, please notify us immediately using the contact information\nprovided herein. It is our policy to investigate any allegations of infringement brought to our\nattention. Please provide us with the following information in your notice of a suspected violation:\nIdentification of the material being infringed.\nIdentification of the material that is claimed to be infringing, including its location, with\nsufficient detail so that we are capable of finding it and verifying its existence.\nContact information for the notifying party (the “Notifying Party”), including name, address,\ntelephone number, and email address.\nA statement that the Notifying Party has a good faith belief that the material is not authorized\nby the owner, its agent or law.\nA statement made under penalty of perjury that the information provided in the notice is\naccurate and that the Notifying Party is authorized to make the complaint on behalf of the\nowner.\nA physical or electronic signature of a person authorized to act on behalf of the owner of the\nmaterial that has been allegedly infringed.\nYour notice must be signed (physically or electronically) and must be addressed as follows:\nMyFitnessPal, Inc.\n\n100 Congress Avenue, Suite 400\n\nAustin, TX 78701\n\nAttn: DMCA Requests\nYou acknowledge that if you fail to comply with all of the requirements of this section, your notice\nmay not be valid. Some information provided in a notice of infringement may be forwarded to the\nuser who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA,\nany person who knowingly materially misrepresents that material or activity is infringing may be\nsubject to liability. Please see www.copyright.gov for more information about how to prepare or\nrespond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark\nrights.\n\n5. Third Party Links and Services\nOur Services may link to, interact with or be available on third-party services or products such as\nsocial media and third-party devices. If you access such third-party services or products, be aware\nthat different terms and privacy policies apply to your usage of such services.\n5.1 Social Networking and Logins\nYou may enable or log in to the Services via various online third-party services, such as social\nmedia and social networking services like Facebook (“Social Networking Services”). To take\nadvantage of these features and capabilities, we may ask you to authenticate, register for, or log\ninto Social Networking Services on the websites of their respective providers. As part of this\nintegration, the Social Networking Services will provide us with access to certain information you\nhave provided to them, and we will use, store, and disclose such information in accordance with\nour Privacy Policy. Please remember the way Third Party Services (including Social Networking\nServices) use, store, and disclose your information is governed solely by the policies of those Third\nParty Services, and we have no liability or responsibility for the privacy practices or other actions of\nany third-party website or service that may be enabled within the Services. In addition, we are not\nresponsible for the accuracy, availability, or reliability of any information, content, goods, data,\nopinions, advice, or statements made available in connection with Social Networking Services. As\nsuch, we are not liable for any damage or loss caused or alleged to be caused by or in connection\nwith the use of or reliance on any such Social Networking Services.\n5.2 Third-Party Applications\nYou may be able to access certain third-party links, applications, content, services, promotions,\nspecial offers, or other events or activities (“Third-Party Applications”) via our Services. If you\nchoose to access these Third-Party Applications, you may be requested to log-in and sync your\naccounts with such applications. You are in no way obligated to use any Third-Party Applications,\nyour access and use of such applications is entirely at your own risk, and we have no associated\nliability. In addition, we are not responsible for the accuracy, availability, or reliability of any\ninformation, content, goods, data, opinions, advice, or statements made available by any Third-\nParty Applications. As such, we are not liable for any damage or loss caused or alleged to be\ncaused by or in connection with the use of or reliance on any such Third-Party Applications.\n5.3 Third Party Products\nOur Services may be accessed on third-party devices or other products (“Third Party Products”),\nand your ability to use certain features of the Services may require you to purchase Third-Party\nProducts (e.g., fitness trackers, smart scales, etc.). While we may recommend, promote, or market\nthe products of certain partners, we have no responsibility for your acquisition or use of any Third-\nParty Products, and we do not guarantee that Third-Party Products will function with the Services\nor will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-\nParty Products offered by our partners.\n6. Mobile Services\nWhile we strive to make the Services available on many platforms, we can't guarantee that the App\nis compatible with your device (though please let Customer Support know if you have a question or\nproblem; we want to help). If you use the App, your standard data and messaging rates will apply,\nand the rules of the app store from which you are downloading will also apply.\n6.1 Wireless Carrier and Device Considerations\n\nTo use or access our App, you will need a compatible device. We cannot guarantee the App will be\ncompatible with, or available on, your device. We do not charge for use of the App. Your phone\ncompany’s normal messaging, data, and other rates and fees, however, will still apply. You may be\nrequired pay fees to access certain special features and content included in our Premium\nSubscriptions (as described in Section 7).\n6.2 Mobile Application License\nWe hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable,\nrevocable license to use the App downloaded directly from a legitimate marketplace, solely in\nobject code format and solely for your personal use for lawful purposes. With respect to any open\nsource or third-party code that may be incorporated in the App, such open source code is covered\nby the applicable open source or third-party license EULA, if any, authorizing use of such code.\n6.3 App Stores\nIf you download the App from a third-party app store (the “App Provider”), you acknowledge and\nagree that:\nThe Terms are an agreement between us, and not with the App Provider. As between\nMyFitnessPal and the App Provider, MyFitnessPal is solely responsible for its applications;\nThe App Provider has no obligation to provide any maintenance and support services with\nrespect to the App;\nIn the event of any failure of the App to conform to any applicable warranty, (i) you may notify\nthe App Provider and the App Provider may refund the purchase price for the App to you (if\napplicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have\nno other warranty obligation whatsoever with respect to the App, and (iii) any other claims,\nlosses, liabilities, damages, costs or expenses attributable to any failure to conform to any\nwarranty will be, as between MyFitnessPal and the App Provider, MyFitnessPal’s\nresponsibility;\nThe App Provider is not responsible for addressing any claims you have relating to the App or\nyour possession and use of the App;\nIf a third party claims the App infringes another party’s intellectual property rights, as between\nthe App Provider and MyFitnessPal, MyFitnessPal will be responsible for the investigation,\ndefense, settlement and discharge of any such claim to the extent required by these Terms;\nThe App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates\nto your license to the App. Upon your acceptance of these Terms, the App Provider will have\nthe right (and will be deemed to have accepted the right) to enforce these Terms as related to\nyour license of the App against you as a third-party beneficiary thereof; and\nYou must also comply with all applicable third-party terms of service when using the App.\n7. Paid Services\nIf you choose to subscribe to any of our enhanced, paid services like our Premium Subscriptions,\nthese are the payment and billing terms that apply. Paid services and billing may auto-renew\nunless you cancel. You may cancel at any time.\n7.1 Payment Terms\nWe offer certain premium versions of the Services (e.g., Premium Subscriptions) (the “Premium\nServices”) for a fee. By signing up for and using the Premium Services, you agree to our Terms,\n\nand any additional terms and conditions provided here. You also agree to waive your 14-day right\nof withdrawal at the moment you subscribe to the Premium Services to the maximum extent\npermitted by applicable law, so that you are able to immediately access them.\nThe Premium Services provide you access to certain enhanced content, features and functionality\n(e.g., setting macros by grams, an ad-free experience and per day ). By signing up for and using\nthe Premium Services, including signing up for Free Trials of the Premium Services, you agree to\npay any fees or other incurred charges that apply to the Premium Services (such as ongoing\nsubscription fees).\nWhen you sign up for the Premium Services, you must designate and provide information about\nyour preferred payment method (“Payment Method”). This information must be complete and\naccurate, and you are responsible for keeping it up to date. You expressly authorize us to collect\nvia automatic debit or ACH from your Payment Method the appropriate fees charged for the\nPremium Services and for any other purchases you elect to make via the Services.\nYou can choose to pay for the Premium Services on a monthly or annual basis. Unless otherwise\nstated, all fees due for the Premium Services are payable in advance, and will be billed\nautomatically to the Payment Method at the start of the monthly or annual Premium Service period,\nas applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel\nyour access to Premium Services. All purchases of Premium Services are final and non-\nrefundable, except at our sole discretion and in accordance with the rules governing each Premium\nService.\n7.2 Termination or Cancellation of Premium Services\nIf you do not pay the fees or charges due for your use of the Premium Services, we may make\nreasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or\nterminate your access to the Premium Services (and may do so without notice).\nYou can cancel the Premium Services at any time. More information on how to cancel can be\nfound here. Once you have cancelled your Premium Service and received confirmation, no other\nchanges can be made to your account. The cancellation of a Premium Service will go into effect at\nthe end of your current billing cycle, and you will have the same level of access to the Premium\nService through the remainder of such billing cycle. For example, if you are billed on a monthly\nbasis and cancel during a given month, you will be charged for the entirety of that month and\nmaintain access to the Premium Service through the end of that month.\nThere are no refunds for termination or cancellation of your Premium Service. If you no longer wish\nto subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due\ntime, regardless of whether or not you actively use the Premium Service.\n7.3 Fee Changes\nTo the maximum extent permitted by applicable laws, we may change our prices for Premium\nServices at any time. We will give you reasonable notice of any such pricing changes by posting\nthe new prices on or through the applicable Premium Service and/or by sending you an email\nnotification. If you do not wish to pay the new prices, you can cancel the applicable Premium\nService prior to the change going into effect.\n7.4 Discount, Coupon or Gift Codes\nIf you have received a discount, coupon or gift code to a Premium Service, the following terms and\nconditions apply in addition to the terms and conditions of the specific code. To redeem a discount\nor coupon code, log in to MyFitnessPal and enter the applicable code to take advantage of the\nrelevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to\nPremium Services, and to accounts not already subscribed to Premium Services. Discount, coupon\n\nand gift codes cannot be combined with any other sales, promotion or coupon, and cannot be\nexchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method\nmay be required to redeem a discount or coupon code. It is your own responsibility to use a\ndiscount, coupon or gift code before it expires, and expired codes cannot be refunded or extended.\nIt is also your responsibility to terminate the Premium Service before the end of a free or\ndiscounted period if you do not want to continue with a Premium Service at the regular price. The\nterms and conditions of a specific discount, coupon or gift code may include additional restrictions\non its use, including but not limited to the type of plan, duration of free or discounted Premium\nService, coupon validity dates, and/or purchase quantities. MyFitnessPal reserves the right to\ncancel discounts and coupon promotions at any time.\n7.5 Free Trials\nWe sometimes offer free trials of our Premium Services or other promotional offers (each a “Free\nTrial”). A Free Trial provides you access to the Premium Services for a period of time, with details\nspecified when you sign up for the offer.\nIn order to sign up for a Free Trial, you may need to provide us with your preferred Payment\nMethod. As soon as you submit your payment details, your Free Trial will begin. You will not be\ncharged until the Free Trial period ends.\nUnless you cancel before the end of the Free Trial, or unless otherwise stated, your access\nto the Premium Service will automatically continue and you will be billed the applicable fees\nfor that Premium Service using the Payment Method you provided. All incurred charges are\nfinal and non-refundable, except at our sole discretion and in accordance with the rules governing\neach Premium Service. We may send you a reminder when your Free Trial is about to end, but we\ndo not guarantee any such notifications. It is ultimately your responsibility to know when the Free\nTrial will end if you decide you do not want to become a paying Premium Services user after the\nFree Trial period.\nIf you decide you do not want to become a paying Premium Services user, you must cancel your\nsubscription before the end of the Free Trial period. Depending on the applicable Premium Service,\nyou may lose access as soon as you cancel or at the end of the Free Trial period. Once you have\ncancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even\nif it was not used for the entire duration of the offer.\nPremium Service features and content may change at any time, and we cannot guarantee any\nspecific feature or content will be available for the entire Free Trial period. The rates in effect when\nyou sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you\notherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial\noffer, your access to the Premium Services during the Free Trial, or any of these terms without\nnotice and with no liability. You may not sign up for more than one Free Trial of a given Premium\nService at the same time, and we reserve the right to limit your ability to take advantage of multiple\nFree Trials.\n8. Fitness and Wellness Activities and Dietary Guidance\nIt's important to us that users stay healthy while achieving their fitness and wellness goals. Please\nbe responsible and use your best judgment and common sense. We provide our Services for\ninformation purposes only, and can't be held liable if you suffer an injury or experience a health\ncondition. In particular, while most of the content posted by the other users in our community is\nhelpful, it is coming from strangers on the Internet and should never trump good judgment or actual\nmedical advice.\n8.1 Safety First\n\nMyFitnessPal cares about your safety. You should consult with your healthcare provider(s) and\nconsider the associated risks before using our Services in connection with any fitness or wellness\nregimen-oriented Content or any dietary program-oriented Content (“Programs”). By using our\nServices, you agree, represent and warrant that you have received consent from your physician to\nparticipate in the Programs, or any of the related activities made available to you in connection with\nthe Services. Further, you agree, represent and warrant that you have consulted with your\nphysician before making any dietary changes based upon information available through the\nServices. Everyone’s condition and abilities are different, and participating in the Programs and\nother activities promoted by our Services is at your own risk. If you choose to participate in the\nPrograms and these activities, you do so of your own free will and accord, knowingly and\nvoluntarily assuming all risks associated with such activities. The Programs and other activities\npromoted by the Services may pose risks even to those who are currently in good health.\nYou expressly agree that your athletic activities, which may generate the User-Generated Content\nyou post or seek to post on or via the Services (e.g., workouts exercises, etc.) carry certain\ninherent and significant risks of property damage, bodily injury, or death and that you voluntarily\nassume all known and unknown risks associated with these activities.\nExcept as otherwise set out in these Terms, and to the maximum extent permitted by applicable\nlaw, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages\nsustained from your use of, or inability to use, any Services or features of the Services, including\nany Content or activities you access or learn about through our Services even if caused in whole or\npart by the action, inaction or negligence of MyFitnessPal or others.\n8.2 Disclaimer Regarding Accuracy and Reliance on Content\nWe make no representations or warranties as to the accuracy, reliability, completeness or\ntimeliness of any Content available through the Services, and we make no commitment to update\nsuch Content.\nIn addition, User-Generated Content, including advice, statements, or other information, including,\nwithout limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities,\nand exercise database entries, are not produced by MyFitnessPal, and should not be relied on\nwithout independent verification. User-Generated Content, whether publicly posted or privately\ntransmitted, is the sole responsibility of the user from whom such User-Generated Content\noriginated. All information is provided “as is” without any representation, warranty or condition as to\nits accuracy or reliability.\nIn particular, MyFitnessPal’s food database (“Food Database”) contains a combination of\nnutritional information entered by MyFitnessPal and MyFitnessPal members. Any user of the\nServices can contribute to or edit nutritional information in the Food Database. Please be advised\nthat nutritional information in the Food Database has not been reviewed by persons with the\nexpertise required to provide you with complete, accurate, or reliable information. MyFitnessPal\ndoes not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or\ningredients in the Food Database; or (ii) adopt, endorse or accept responsibility for the accuracy or\nreliability of any such nutritional information. To the extent permitted by applicable law, under no\ncircumstances will MyFitnessPal be responsible for any loss or damage resulting from your\nreliance on nutritional information. You are solely responsible for ensuring any nutritional\ninformation in the Food Database is accurate, complete and useful.\nNot all users who may identify themselves as professional trainers or licensed dieticians are\nlicensed in all applicable jurisdictions. MyFitnessPal has no and assumes no obligation to verify\nthat users who identify themselves as licensed trainers or dieticians are actually licensed. If you\nhold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually\nlicensed for the services you provide in the jurisdiction in which you offer your services. Users\nshould also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not\nmean the trainer user is licensed in the jurisdiction from which other users access the trainer user’s\nadvice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent\n\npermitted by applicable law, under no circumstances will MyFitnessPal be responsible or liable for\nany loss or damage resulting from your reliance on information or advice provided by any user of\nour Services.\n8.3 Not Medical Advice\nAny and all services provided by, in and/or through the Services (including but not limited to\nContent) are for informational purposes only. MyFitnessPal is not a medical professional, and\nMyFitnessPal does not provide medical services or render medical advice. Nothing contained in\nthe Services should be construed as such advice or diagnosis. The information and reports\ngenerated by us should not be interpreted as a substitute for physician consultation, evaluation, or\ntreatment, and the information made available on or through the Services should not be relied upon\nwhen making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE\nOF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN\nYOU AND MYFITNESSPAL.\nYou should seek the advice of a physician or a medical professional with any questions you may\nhave regarding your health before beginning any dietary programs or plans, exercise regimen or\nany other fitness or wellness activities or plans that may be referenced, discussed or offered under\nthe Services. If you are being treated for a health condition or illness, taking prescription\nmedication or following a therapeutic diet to treat a disease, you should consult with your physician\nbefore using the Services. You represent to us (which representation shall be deemed to be made\neach time you use the Services), that you are not using the Services or participating in any of the\nactivities offered by the Services for purpose of seeking medical attention. You further agree that,\nbefore using the Services, you will consult your physician, particularly if you are at risk for problems\nresulting from exercise or changes in your diet. If any information you receive or obtain from using\nthe Services is inconsistent with the medical advice from your physician, you should follow the\nadvice of your physician.\nThe Premium Services provide you access to certain specialized Content—namely coaching and\nguidance on fitness regimens and meal planning (“Plans”). The Plans are not a medical or any\nother type of health service. No diagnosis or treatment of, or advice regarding, any dietary or health\ncondition is delivered by the Plans. The Plans are not a substitute for, and are not an alternative to\nhealthcare diagnosis and treatment when a dietary or health condition or illness is present. You\nshould seek diagnosis, treatment and advice regarding dietary or health conditions or illnesses\nfrom physicians practicing medicine and other licensed healthcare professionals. Under no\ncircumstances will any of your interactions with our Plans be deemed or construed to create a\nphysician-patient relationship or a fiduciary duty of any kind whatsoever. YOU ARE SOLELY\nRESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.\n8.4 Success Stories Not Typical\nSuccess stories posted by users or MyFitnessPal on our Services may not represent typical or\neven accurate results obtained from any particular fitness activity or diet. To the extent permitted by\napplicable law, MyFitnessPal has no and assumes no obligation or liability associated with the\naccuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in\nany user success stories.\n8.5 Accuracy\nThe Services are intended to provide you with information to encourage you to support your\nwellness and fitness activities. Some of the Services are aimed at tracking your physical\nmovements and sleep activity (“Activity Tracking Services”). These Activity Tracking Services\nrely on sensors and/or GPS functionality that track your movement or body at rest. The data and\ninformation provided by the Activity Tracking Services are intended to be a representation of your\nactivity, but may not be completely accurate, including with respect to step, sleep, distance, or\n\ncalorie data. By using Activity Tracking Services, you acknowledge and agree that MyFitnessPal is\nnot responsible or liable for any inaccuracy in such data.\nIf you are a resident of New Jersey or the Netherlands:\nNotwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our\nresponsibility for losses or damages caused by MyFitnessPal’s own fraud, recklessness, gross\nnegligence or willful misconduct.\n9. Modifications to the Terms\nAs the Services grow and improve, we might have to make changes to these Terms.\n9.1 Updates to these Terms\nWe reserve the right to modify these Terms by (i) posting revised Terms on and/or through the\nServices, and/or (ii) providing advance notice to you of material changes to the Terms, generally\nvia email where practicable, and otherwise through the Services (such as through a notification on\nthe home page of the MyFitnessPal website or in -app). Modifications will not apply retroactively\nunless required by law.\nWe may sometimes ask you to review and to explicitly agree to or reject a revised version of the\nTerms. In such cases, modifications will be effective at the time of your agreement to the modified\nversion of the Terms. If you do not agree at that time, you are not permitted to use the Services. In\ncases where we do not ask for your explicit agreement to a modified version of the Terms, the\nmodified version of the Terms will become effective as of the date specified in the Terms. Your\nchoice to maintain an account, access or use the Services (regardless of whether you create an\naccount with us) following that date constitutes your acceptance of the terms and conditions of the\nTerms as modified. If you do not agree to the modifications, you are not permitted to use, and\nshould discontinue your use of, the Services.\n10. No Warranties\nEXCEPT WHERE PROHIBITED BY LAW, MYFITNESSPAL EXPRESSLY DISCLAIMS ALL\nWARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR\nWRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT\nLIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT\nPERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN\n“AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you\nunderstand that, to the maximum extent permitted by applicable law, we make no warranty\nregarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of\nany of the Services or any Content. To the maximum extent permitted by applicable law, we do not\nwarrant that (i) the Services will meet your requirements or provide specific results, (ii) the\noperation of the Services will be uninterrupted, virus- or error-free or free from other harmful\nelements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us\ndoes not and will not create any warranty. To the maximum extent permitted by applicable law, we\nalso make no representations or warranties of any kind with respect to any Content; User-\nGenerated Content, in particular, is provided by and is solely the responsibility of the users\nproviding that Content. No advice or information, whether oral or written, obtained from other users\nor through the Services, will create any warranty not expressly made herein. You therefore\nexpressly acknowledge and agree that use of the Services is at your sole risk and that the entire\nrisk as to satisfactory quality, performance, accuracy and effort is with you.\n11. Limitation of Liability\n\nWe are building the best Services we can for you but we can't promise they will be perfect. We're\nnot liable for various things that could go wrong as a result of your use of the Services.\nTo the maximum extent permitted by applicable law, under no circumstances (including, without\nlimitation, negligence) shall MyFitnessPal, its subsidiaries, partners or any wireless carriers be\nliable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive,\nor consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill,\nor other intangible losses; (c) damages relating to your access to, use of, or inability to access or\nuse the Services; (d) damages relating to any conduct or Content of any third party or user of the\nServices, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e)\ndamages in any manner relating to any Third-Party Content or Third-party Products accessed or\nused via the Services. To the maximum extent permitted by applicable law, this limitation applies to\nall claims, whether based on warranty, contract, tort, or any other legal theory, whether or not\nMyFitnessPal has been informed of the possibility of such damage, and further where a remedy set\nforth herein is found to have failed its essential purpose. To the maximum extent permitted by\napplicable law, the total liability of MyFitnessPal, for any claim under these Terms, including for any\nimplied warranties, is limited to the greater of five hundred dollars (us $500.00) or the amount you\npaid us to use the applicable Service(s) in the past twelve months.\nIn particular, to the extent permitted by applicable law, we are not liable for any claims arising out of\n(a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user’s Personal\nData, (c) any other interactions with us or any other users of the Services, even if we have been\nadvised of the possibility of such damages, or (d) other Content, information, services or goods\nreceived through or advertised on the Services or received through any links provided with the\nServices.\nTo the extent permitted by applicable law, you acknowledge and agree that we offer the Services\nand set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of\nliability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability\nreflect a reasonable and fair allocation of risk between you and form an essential basis of the\nbargain between you and us. We would not be able to provide the Services to you on an\neconomically reasonable basis without these warranty disclaimers, releases, and limitations of\nliability.\nIf you are a resident of California: You waive your rights with respect to California Civil Code\nSection 1542, which says “a general release does not extend to claims which the creditor does not\nknow or suspect to exist in his favor at the time of executing the release, which, if known by him\nmust have materially affected his settlement with the debtor.”\nIf you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in\nthese Terms limits or excludes our responsibility for losses or damages caused by MyFitnessPal’s\nown fraud, recklessness, gross negligence or willful misconduct.\n12. Indemnification\nIf you are a resident of the United States or any location other than France or Germany: To\nthe maximum extent permitted by applicable law, you agree to indemnify and hold MyFitnessPal,\nits affiliates and partners harmless from any claim or demand, including reasonable accounting and\nattorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content\nyou access or share through the Services; (b) your use of the Services, (c) your activities in\nconnection with the Services, (d) your connection to the Services, (e) your violation of these Terms,\n(f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other\nperson or entity by you, or (h) your employment of the Services to meet another user in person. We\nreserve the right, at your expense, to assume the exclusive defense and control of any matter for\nwhich you are required to indemnify us under the Terms, and you agree to cooperate with our\ndefense of these claims.\n\nIf you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree\nto indemnify and hold MyFitnessPal, its affiliates and partners harmless from any claim or demand\nas result of your negligent or intentional behavior, including reasonable accounting and attorneys’\nfees, made by any third party due to or arising out of (a) the Content (including User-Generated\nContent) you access through the Services; (b) your violation of these Terms, (c) your use or misuse\nof any user’s Personal Data, (d) any violation of the rights of any other person or entity by you, or\n(e) your employment of the Services to meet another user in person. We reserve the right, at your\nexpense, to assume the exclusive defense and control of any matter for which you are required to\nindemnify us under the Terms, and you agree to cooperate with our defense of these claims.\nIf you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in\nthese Terms imposes an obligation for you to indemnify us from claims arising out of\nMyFitnessPal’s own fraud, recklessness, gross negligence or willful misconduct.\n13. Governing Law\nIf you are a resident of the United States or any non-European Union location: These Terms\nshall be governed by and construed in accordance with the laws of the New York and controlling\nU.S. federal law as applicable, without regard to its conflict of law principles.\nIf you are a resident of the European Union: These Terms shall be governed by and construed\nin accordance with the laws of the Netherlands, without regard to its conflict of law principles.\n14. Disputes and Arbitration, Class Action Waiver,\nJurisdiction and Venue\nIf you are a resident of the United States:\nArbitration Agreement\nYOU AND MYFITNESSPAL AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF\nOR RELATED TO YOUR USE OF THE SERVICE (A “DISPUTE”) TO BINDING ARBITRATION. To\nthe maximum extent permitted by applicable law, you and MyFitnessPal agrees that any disputes\narising out of or related to your use of the Services (a “Dispute”) will be resolved by binding\narbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall\ngovern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).\nIn arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is\nmore limited than in court, and the arbitrator's decision is subject to limited review by courts. The\narbitrator can award on an individual basis the same damages and relief as a court, including\nmonetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may\nbe entered in any court having jurisdiction thereof. Such dispute resolution proceedings will be\nconducted only on an individual basis and not in a class, consolidated or representative action.\nExcept where prohibited, you and we agree to submit to the personal and exclusive arbitration of\nDisputes relating to your general use of the Services under the Consumer Arbitration Rules of the\nAmerican Arbitration Association. Please visit www.adr.org for more information about arbitration.\nAny arbitration between you and us, to the extent necessary, will be conducted remotely as\nprovided below.\nThe arbitration will be conducted in English. A single independent and impartial arbitrator will be\nappointed pursuant to the rules of the American Arbitration Association. The arbitrator will decide\nall issues relating to the enforceability, interpretation, scope, and application of this Arbitration\nAgreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is\nunconscionable or illusory and any defense to arbitration), and these Terms, except that a court\nmay resolve any question regarding the validity or enforceability of the class action waiver set forth\n\nin this Arbitration Agreement. The term \"Dispute\" and the requirement to arbitrate will be broadly\ninterpreted.\nBoth you and we agree to comply with the following rules, which are intended to streamline the\ndispute resolution process and reduce the costs and burdens for everyone involved:\nthe arbitration will be conducted by telephone, online and/or be solely based on written\nsubmissions, the specific manner to be chosen by the party initiating the arbitration;\nthe arbitration will not require any personal appearance by the parties or witnesses unless\notherwise mutually agreed in writing by the parties; and\nany judgment on the award rendered by the arbitrator may be entered in any court of\ncompetent jurisdiction.\nBarring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days\nfrom the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional\n30 days in the interests of justice. All arbitration proceedings will be closed to the public and\nconfidential and all records relating thereto will be permanently sealed, except as necessary to\nobtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and\nwill include a statement describing the reasons for the disposition of any claim.\nYou also acknowledge and understand that, with respect to any dispute with us arising out of or\nrelating to your choice to maintain an account, access or use the Services:\nYou are giving up your right to have a trial by jury;\nYou are giving up your right to serve as a representative, as a private attorney general, or in\nany other representative capacity, or to participate as a member of a class of claimants, in\nany lawsuit involving any such dispute; and\nYou must file any claim within one (1) year after such claim arose or it is forever barred.\nPayment of all filing, administration and arbitrator fees will be governed by the American Arbitration\nAssociation’s rules. MyFitnessPal will reimburse you for those fees up to $5,000, unless the\narbitrator determines your claims are frivolous. Likewise, MyFitnessPal will not seek attorneys' fees\nand costs in arbitration unless the arbitrator determines your claims are frivolous.\nNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT,\nYOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU\nOPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1)\nTHE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR\nASSENTED TO AN AGREEMENT WITH MYFITNESS PAL THAT CONTAINED AN ARBITRATION\nPROVISION. The opt-out notice must be postmarked no later than the applicable deadline and\nemailed to: [email protected]. The opt-out notice must state that you do not agree to this\nArbitration Agreement and must include your name, address, phone number and email address.\nThis procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply\nstrictly with this procedure and the applicable deadline automatically will render the opt-out notice\nnull and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement\nwill continue to apply.\nIf this arbitration provision is found to be null and void, then all disputes arising under the Terms\nbetween us will be subject to the jurisdiction of the state and federal courts located in New York,\nNew York, and you and we hereby submit to the personal jurisdiction and venue of these courts.\nYou and MyFitnessPal agree that if for any reason a Dispute proceeds in court rather than\narbitration: (1) you and MyFitnessPal waive any right to a jury trial; (2) the Dispute will proceed\nsolely on an individual, non-class, non-representative basis; and (3) neither you nor MyFitnessPal\nmay be a class representative or class member or otherwise participate in any class,\nrepresentative, consolidated, or private attorney general proceeding.\n\nThis agreement to arbitrate will not preclude you or MyFitnessPal from seeking provisional\nremedies in aid of arbitration, including without limitation orders to stay a court action, compel\narbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this\nagreement to arbitrate will not preclude you or MyFitnessPal from (i) applying to the appropriate\ncourt of competent jurisdiction for a temporary restraining order, preliminary injunction, or other\ninterim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for\ndisputes related to a violation or possible violation of MyFitnessPal’s intellectual property rights.\nIf you are a resident of the European Union: Notwithstanding anything in these Terms to the\ncontrary, if there is a dispute that you and MyFitnessPal cannot resolve, you have the right to\nsubmit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these\nTerms, we do not participate in any ADR scheme.\nIn addition, nothing in these Terms limits your rights to bring an action against MyFitnessPal\nin the local courts of your place of domicile. All disputes arising under the Terms between you\nand MyFitnessPal will be subject to the non-exclusive jurisdiction of the courts located in your\nplace of domicile, or the courts located in the Netherlands, and you and we hereby submit to\nthe personal jurisdiction and venue of these courts.\nIf you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there\nis a dispute that you and MyFitnessPal cannot resolve, you have the right to submit a complaint to\nthe local Consumer Disputes Board or other corresponding body.\nIf you are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if\nthere is a dispute that you and MyFitnessPal cannot resolve, you have the right to submit a\ncomplaint to the Danish Competition and Consumer Authority (Konkurrence- og\nForbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby,\nmail: [email protected]).\nIf you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary,\nnothing in these Terms limits your rights to bring an action against MyFitnessPal in the local courts\nof your place of domicile.\n15. International Terms\nIf you are not a United States resident and you are accessing our Services from outside the United\nStates, you agree to transfer certain information outside your location to us, and that you will follow\nall the laws that apply to you.\nWe provide our Services for a global community of users. Our servers and operations are,\nhowever, located primarily in the United States, and our policies and procedures are based\nprimarily on United States law. Because of this, the following provisions apply specifically to users\nlocated outside of the United States: (i) you consent to the transfer, storage, and processing of your\ninformation, including but not limited to User-Generated Content and any Personal Data, to and in\nthe United States and/or other countries; (ii) if you are using the Services from a location\nembargoed by the United States, or are on the United States Treasury Department’s list of\n“Specially Designated Nationals,” you are not authorized to access or make use of the Services;\nand (iii) you agree to comply with all local laws, rules, and regulations including, without limitation,\nall laws, rules, and regulations in effect in the location in which you reside and the location from\nwhich you access the Services. The Services are not intended for distribution to, or use by, any\nperson or entity in any jurisdiction or location where such distribution or use would be contrary to\nlaw or regulation, or which that would subject MyFitnessPal or its affiliates to any registration\nrequirement within such jurisdiction or location.\nThe names used for countries or regions in these Terms, the Privacy Policy and any associated\nfeatures or documentation are based on the United Nations Terminology Database.\n\nIf you are a resident of the European Union, Hong Kong (SAR of China), Russia, New\nZealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note\nthat certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or\ndamages under mandatory law, so some of the exclusions and limitations in these Terms may not\napply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent\nrepresentations made by us, (2) death or personal injury caused by our negligence or willful\nmisconduct, or (3) non-execution of any material contractual obligation.\nIf you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary,\nnothing in these Terms limits or excludes our liability or your rights if you are a consumer for the\npurposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.\nIf you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these\nTerms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of\nsimilar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have\nno force and effect.\nIf you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing\nin these Terms limits or excludes our liability or your rights if you are a consumer for the purposes\nof the Consumer Contract Act.\nIf you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary,\nany modification to these Terms will be announced on the website prior to the effective date\nthereof; provided if you do not express intent to refuse such modification or change after a\nreasonable period of time following such announcement, it is deemed that you have consented to\nsuch modification or change.\n16. Survival\nIf our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and\nany provision of these Terms that must survive in order to give proper effect to the intent and\npurpose of these Terms will survive termination, including without limitation Sections 2 (Ownership\nand Use of Content), 8 (Fitness and Wellness Activities and Dietary Guidance), 10 (No\nWarranties), 11 (Limitations of Liability), 12 (Indemnification), 14 (Disputes and Arbitration,\nJurisdiction and Venue), and 16 (Survival).\n17. Miscellaneous\nYou agree that no joint venture, partnership, employment, or agency relationship exists between\nyou and us as a result of the Terms or your use of the Services. The Terms constitute the entire\nagreement between you and us with respect to your use of the Services.\nOur failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of\nsuch right or provision. If any provision of the Terms is found by a court of competent jurisdiction to\nbe invalid, the parties nevertheless agree that the court should endeavor to give effect to the\nparties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full\nforce and effect.\nYou may not assign, delegate, or otherwise transfer your account or your obligations under these\nTerms without our prior written consent. We have the right, in our sole discretion, to transfer or\nassign all or any part of our rights under these Terms and will have the right to delegate or use\nthird-party contractors to fulfill our duties and obligations under these Terms and in connection with\nthe Services.\nOur notice to you via email, regular mail, or notices or links displayed in connection with the\nServices constitutes acceptable notice to you under the Terms. We are not responsible for your\nfailure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam”\n\nfolder) or if you fail to update your email address. Notice will be considered received forty-eight\nhours after it is sent if transmitted via email or regular mail. In the event that notice is provided via\nlinks displayed in connection with the Services, then it will be considered received twenty-four\nhours after it is first displayed.\n18. Contact Us\nIf you have any feedback, questions or comments about the Services, please contact our Support\nTeam as detailed here by email or by mail at: MyFitnessPal, Inc., 100 Congress Avenue, Suite 400,\nAustin, TX 78701, and include the subject as “Attn: –MyFitnessPal Terms and Conditions of Use”.\nPlease be sure to include in any email or postal mail your full name, email address, postal address,\nand any message.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Nike","url":"https://agreementservice.svs.nike.com/us/en_us/rest/agreement?agreementType=termsOfUse&uxId=com.nike.commerce.nikedotcom.web&country=US&language=en&requestType=redirect","lang":"ENG","sector":"Sport","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"September 2021"},"document":{"title":"","text":"NIKE TERMS OF USE\nDate of last revision: September 2021\nPLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY\nNIKE PLATFORM.\nIf you live in any of the following countries or regions, additional terms may apply to you\nand are viewable at the bottom of these Terms. We display the country/region within the\nTerms when applicable. These additional terms override the Terms below to the extent of\nany inconsistency.\nArgentina, Australia, Brazil, Canada, China (for the purpose of these Terms, excluding\nHong Kong, Macao and Taiwan), Colombia, Hong Kong, Japan, Korea,\nPhilippines, all European countries (including specific terms\nfor Austria, Belgium, France, Germany, Hungary, Italy, Poland, and Switzerland).\nWelcome to the NIKE community! You are reading these Terms because you are using a NIKE\nwebsite, digital experience, social media platform, mobile app, wearable technology, or one of our\nother products or services, all of which are part of NIKE’s Platform (“Platform”). You may access\nthe Platform through a computer, mobile phone, tablet, console, or other technology, which we\nrefer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.\nThese Terms create a legally binding agreement between you and NIKE and its affiliates\n(which we may refer to as “NIKE,” “we,” “us,” or “our”) regarding your use of the\nPlatform. Please review our List of Local Entities for the name of the NIKE entity responsible for\nproviding the Platform to you and the appropriate contact information. A few important points:\nOur Terms May Change. Some jurisdictions do not permit unilateral updates or\nchanges to consumer terms, so this paragraph may not apply to you. \n[See Canada terms.] We may update these Terms from time to time. If a material change is\nmade, we will post a notice on the Platform or send you a notification. Read through any\nchanges, and if you don’t agree to them, please stop using the Platform. If you continue to use\nour Platform after we notify you of changes, you will be deemed to have accepted the updated\nTerms, except to the extent prohibited by applicable law. \nTerms of Sale. By making any purchase with us, you also agree to the Terms of Sale that\napply in your country or region. [See Hungarian terms.]\nPrivacy Policy. Our Privacy Policy describes the collection and use of personal information\non the Platform and applies to your use of the Platform.\nImportant Notice for Amateur Athletes. You are responsible for ensuring that your\nparticipation on the Platform does not affect your eligibility as an amateur athlete. Please check\nwith your amateur athletic association for the rules that apply to you. NIKE is not responsible\nor liable for your use of the Platform resulting in your ineligibility as an amateur athlete. \n1. GROUND RULES\nEligibility. You are only eligible to use the Platform if you are of legal age in your country/region\nor if you have consent from your parent or guardian. There may be certain age restrictions for\nspecific Platform services in various countries or regions. [See China (for the purpose of these\nTerms, excluding Hong Kong, Macao and Taiwan) terms.]\nRules for Registration. When you register for an account with us, the following rules apply:\nBe True: Provide accurate and current registration information.\n\nBe You: Keep your registration personal. Do not register for more than one NIKE account,\nregister a NIKE account on behalf of someone else, or transfer your account.\nBe Secure: Keep your username, password and other login credentials secure and do not\nallow anyone else to use your account. \nBe Responsible: Inform NIKE immediately of any unauthorized use of your NIKE account. \nYou are responsible for anything that happens through your NIKE account – with or without your\npermission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NIKE IS NOT\nRESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED\nUSE OF YOUR ACCOUNT. \n[See China (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan)\nterms.]\n2. OWNERSHIP OF CONTENT\nExcept for User Content (defined below), all of the content on our Platform - including text,\nsoftware, scripts, code, designs, graphics, photos, sounds, music, videos, applications,\ninteractive features, articles, news stories, sketches, animations, stickers, general artwork and\nother content (\"Content\") - is owned by NIKE or others we license Content from, and is protected\nby copyright, trademark, patent and other laws. NIKE reserves all rights not expressly described\nin these Terms.\nAll trademarks, service marks and trade names (e.g., the NIKE name and the Swoosh design)\nare owned, registered and/or licensed by NIKE. You do not acquire a license or any ownership\nrights to any trademarks, service marks, or trade names through your access or use of the\nPlatform or Content.\nYou agree not to change or delete any ownership notices from materials downloaded or\nprinted from the Platform.\nTo the extent NIKE approves the download or use of Content comprised of copyrights or\ncopyrightable works, NIKE grants you a limited, personal, non-transferable, non-sublicensable,\nand revocable license to access and use such copyrights or copyrightable works solely for their\nintended purpose and solely for as long as NIKE makes such Content generally available to the\npublic. You do not acquire any ownership rights in the Content (including any trademarks or other\nintellectual property included in the Content), and all such Content is intended for personal, non-\ncommercial use. NIKE reserves the right to monitor your use and to alter or revoke this license\nor your access to the Content at any time and for any reason. NIKE reserves the right to take\ndown any Content in violation of these terms or NIKE’s intellectual property rights. NIKE allowing\nyou this limited use does not constitute a waiver of any of Nike’s rights to the Content. \nOutside of the specific usage rights granted to you by NIKE in connection with the Platform,\nyou agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create\nderivative works of, or in any way exploit any Content, including User Content (unless it is your\nown User Content that you legally post on the Platform), without NIKE’s prior written consent.\nUnauthorized use of the Content may constitute a breach of copyright, trademark or other\nintellectual property laws and may subject you to criminal or civil charges and penalties.\n3. POSTING CONTENT ON THE PLATFORM\nUser Content License. Some parts of the Platform allow you to post photos, videos, comments,\nand other content, which we refer to as “User Content.” Nike is not responsible for User Content\nothers post to the Platform. User Content is owned by you or whoever created it, but when you\npost User Content you license it to NIKE as described below:\nYou represent that you have the right to post your User Content, and you grant NIKE a non-\nexclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of\nthe User Content that you post on or in connection with the Platform, including the likeness of any\nperson that appears in the User Content, or any of the concepts or ideas contained in the User\nContent, for any purpose, including commercial use, which includes the right to translate, display,\nreproduce, modify, create derivative works, sublicense, distribute and assign these rights. NIKE\n\nmay, in its sole discretion, remove any User Content at any time. [See Argentina, Colombia,\nBelgium, and Philippines terms.] \nYou understand that deleted User Content may persist in NIKE’s systems and on the Platform\nto the extent your User Content has been publicly posted or shared with others who have not\ndeleted it, unless you or the relevant individual request deletion or blocking of personal data in\naccordance with applicable law. \nLICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments,\nfeedback, or ideas you send us are provided on a non-confidential basis and you grant to NIKE a\nperpetual, worldwide license to use all comments, feedback and ideas you may share with us,\nwithout notice, compensation or acknowledgement to you, for any purposes whatsoever,\nincluding, but not limited to, developing, manufacturing and marketing products and services and\ncreating, modifying or improving products and services. [See Colombia and Belgium terms.]\n4. USER CODE OF CONDUCT\nWe’re excited to have you contribute to the NIKE community. Here are a few basic rules:\nBe Original. Only post User Content to the Platform if you have all permissions and rights\nneeded to make that User Content available, including from any individuals who appear or are\nmentioned in your User Content. \nBe Safe. \nDo not do anything that may expose NIKE or its users to any type of harm, including anything\nthat may disrupt, damage, disable, tamper with, overburden or limit the functionality of the\nPlatform.\nDo not post User Content that contains software viruses, programs or other computer code,\nand do not circumvent or modify any Platform software or security technology.\nDo not use any data mining, robots, scraping or similar data gathering methods.\nUnless we indicate otherwise, our Platform is a public place. Do not post personal information\nto the Platform - yours or anybody else’s.\nBe Personal.\nDo not post any advertising, solicitation or commercial content on the Platform or accept\npayment from a third party in exchange for performing commercial activity on the Platform.\nDo not collect or solicit personal information from other Platform users or send unsolicited\nmessages.\nDo not use automated technology to interact with the Platform.\nBe Appropriate. Respect the community and do not post User Content, link to a website, or\ndo anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or\notherwise objectionable or inappropriate or which violates any applicable laws. NIKE has the right\nto prescreen, monitor, or remove User Content – but we have no obligation to do so.\nBe Yourself. Do not impersonate any person or organization, including athletes or NIKE\nemployees.\nHAVE FUN!\n5. COPYRIGHT INFRINGEMENT\nPlease consult your legal advisor before filing a notice with us because there may be penalties\nfor false claims. NIKE may terminate the accounts of Platform users found to infringe third party\ncopyrights.\nIf you believe that your work has been improperly copied to the Platform, such that it constitutes\ninfringement, please provide us with the following information [See France terms.]:\n(1) name, address, telephone number, email address and an electronic or physical signature of\nthe copyright owner or of the person authorized to act on his/her behalf;\n(2) a description of the copyrighted work that you claim has been infringed;\n(3) a description of where on the Platform the content that you claim is infringing is located;\n\n(4) a written statement that you have a good faith belief that the disputed use is not authorized by\nthe copyright owner, its agent, or the law; and\n(5) a statement by you, made under penalty of perjury (depending on applicable law), that the\nabove information in your notice is accurate and that you are the copyright owner or authorized to\nact on the copyright owner's behalf.\nSend copyright infringement complaints to:\nLegal Department (Copyright)\nOne Bowerman Dr., Beaverton, OR 97005\nTelephone: 503-671-6453\nFax: 503-646-6926\[email protected]\n6. PARTNERS ON THE PLATFORM\nFrom time to time, NIKE may link to or partner with third-party websites, social media platforms,\nmobile apps, and other products and services (“Third Parties”). You may be able to connect with\nthese Third Parties through the Platform, but this does not mean NIKE endorses, monitors or has\nany control over these Third Parties or their activities, which are subject to separate terms of use\nand privacy policies. You should carefully review any Third Party’s sites and terms of use and\nprivacy policy. NIKE is not responsible for the content, policies, or activities of Third Parties\nand you interact with Third Parties at your own risk.\n7. IMPORTANT DISCLAIMERS\nPHYSICAL ACTIVITY. [See Canada, Germany and Italy terms, because the following\nexclusions and limitations may not apply to you.] The Platform may include features that\npromote physical activity, nutrition or general wellness. They are for your informational purposes\nonly and are not intended as medical advice or services, or for diagnostic or treatment\npurposes. \nConsider the risks involved and consult with your medical professional before engaging in any\nphysical activity. \nNever disregard professional medical advice or delay in seeking it because of something you\nhave viewed on the Platform. \nTO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NIKE IS NOT\nRESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT\nRESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE\nPLATFORM.\nUSER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your\ninteractions with other users of the Platform or any damage or harm you may experience\nbecause of these interactions. [See Italy terms.]\nBe responsible and take precautions when interacting with other users (including users you do\nnot know) on the Platform. Before you meet another person face-to-face, consider investigating,\nbringing a friend, choosing public locations and letting someone know where you will be. NIKE is\nunder no obligation to become involved with any user dispute, but may do so at its own\ndiscretion.\nWARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or\nexclusions on liabilities, legal warranties and remedies, so these exclusions and\nlimitations may not apply to you. [See Australia, Canada and Germany terms.] \nThe Platform, Content, and the materials and products on this Platform are provided \"AS IS.”\nWe aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy,\nusefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE\n\nLAW, NIKE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE\nPLATFORM. \nNIKE does not guarantee that the Platform will be uninterrupted or error-free, that any defects\nwill be corrected, or that the Platform is free of viruses or anything else harmful. \nTo the fullest extent permitted by law, NIKE disclaims all warranties, express or implied,\nregarding the Platform, Content, User Content and any products or services you may obtain or\naccess through the Platform, including, but not limited to, implied warranties of title,\nmerchantability, fitness for a particular purpose and non-infringement.\nYou are solely responsible for any damage to your Device resulting from accessing the\nPlatform, to the extent applicable law does not provide otherwise.\nWe hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any\nresults.\n8. TERMINATION\nNIKE may terminate or modify any Nike Platform, member program, product or service at any\ntime without notice.\nNIKE may terminate or suspend your account, delete your profile or any of your User Content,\nand restrict your use of all or any part of the Platform at any time and for any reason, without any\nliability to Nike, subject to applicable law. \nYou understand and agree that some of your User Content, particularly that which is displayed\nin an activity feed or in other public places on the Platform, may continue to appear publicly even\nafter your account is terminated, subject to your right to have your User Content removed upon\nrequest in accordance with applicable law.\nThese Terms remain in effect even after your account is terminated or you have stopped using\nthe Platform.\n9. INDEMNIFICATION / LIMITATION OF LIABILITY\nWe want you to enjoy our Platform, but NIKE must also protect itself from any damages you may\ncause.\nIndemnification and RELEASE. Some jurisdictions do not permit certain limitations or\nexclusions on liabilities, legal warranties and remedies, so these exclusions limitations\nmay not apply to you. [See Canada, France, Germany and Hong Kong terms.] You agree to\nindemnify, defend, and hold harmless NIKE Inc., its affiliates, officers, directors, employees,\nagents, licensors and suppliers (the “NIKE Parties”) from and against all claims, losses, liabilities,\nexpenses, damages and costs, including, without limitation, attorneys' fees, arising from or\nrelating in any way to your User Content, your use of Content, your use of the Platform, your\nconduct in connection with the Platform or with other Platform users, or any violation of these\nTerms of Use, any law or the rights of any third party. You, for yourself and on behalf of your\nheirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge\nthe NIKE Parties from any and all claims or causes of action you may have for damages relating\nin any way to your use of the Platform.\nLIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or\nexclusions on liabilities, legal warranties and remedies, so these exclusions/limitations\nmay not apply to you. [See Canada, France, Germany, Hong Kong and Philippines terms.]\n NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,\nINDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY\nLOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO\nUSE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED\nTHROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER\nONLINE OR OFFLINE), OR ATTENDANCE AT A NIKE EVENT OR NIKE PARTNER EVENTS,\nOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF\nTHE PLATFORM, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH\nDAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM.\n\nYOUR ONLY REMEDY AGAINST NIKE IN CONNECTION WITH ANY DAMAGES ARISING\nFROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE\nPLATFORM. IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS\nWHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY\nCONTENT, NIKE'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU\nLIVE IN EUROPE. \n10. APP MARKETPLACES: You acknowledge that this agreement is between you and NIKE\nonly, and not with the app marketplace where you downloaded a NIKE app (e.g. for iOS users,\nthe App Store operated by Apple Inc. or for Android users, the Google Play store operated by\nGoogle Inc.). \nSubscriptions to NTC Premium. The following terms apply if you have purchased a\nsubscription to NTC Premium through your preferred app store: \nPayments for subscriptions to NTC Premium are charged through your preferred app store\naccount. You may elect to purchase either a monthly or an annual subscription. Your subscription\nwill automatically renew and your app store account will be automatically charged for the renewal\nunless you cancel at least 24 hours before the end of the current billing period. Cancel anytime\nby navigating to your NTC Profile, tap on Settings, and select “Premium Subscription”, which will\nlink you to the applicable app store subscription center. Any unused portion of a free trial period\n(if any) will be forfeited if you purchase a subscription during the free trial period. By subscribing\nto NTC Premium, you agree to our Privacy Policy and Terms of Sale.\nSUBSCRIPTIONS NON-REFUNDABLE: Refunds on subscriptions to NTC Premium are\nsubject to the applicable app store policy. Subscriptions to NTC Premium are non-refundable and\nthere is no right to refunds or credits unless required by applicable law or as otherwise permitted\nby the applicable app store policy.\n11. DISPUTES / ADDITIONAL TERMS\nChoice of Law/Jurisdiction\nIf you live in any of the following countries/regions, different “Choice of Law/Jurisdiction”\nterms may apply to you: Argentina, Austria, Brazil, Canada, China (for the purpose of\nthese Terms, excluding Hong Kong, Macao and Taiwan), France, Germany, Hong\nKong, Italy, Philippines, Poland, Switzerland and all other European countries.\nYou agree that this Platform is a passive platform solely based in Oregon, USA, which does\nnot give rise to personal jurisdiction over NIKE in jurisdictions other than Oregon.\nYou agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE\nshall be governed in all respects by Oregon law, without regard to choice of law provisions, and\nnot by the 1980 U.N. Convention on Contracts for the International Sale of Goods.\nExcept where prohibited by applicable law, and without limitation to any statutory rights for\nconsumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising\nout of or relating to the Platform (including but not limited to the purchase of NIKE products) shall\nbe resolved individually, without resort to any form of class action, and exclusively in the state or\nfederal courts located in Multnomah County, Oregon, USA.\nYou consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum”\nwith respect to venue and jurisdiction in the state and federal courts of Multnomah County,\nOregon.\nAll claims shall be brought within one (1) year after the claim arises, except to the extent a\nlonger period is required by applicable law.\nElectronic Communications\nBy using the Platform, you agree to receive certain electronic communications from NIKE,\nsubject to applicable law.\nYou agree that any notice, agreement, disclosure or other communication that NIKE sends\nyou electronically will satisfy any legal communication requirements, including that such\ncommunications be in writing.\n\nRight to Assign, No Waivers, Severability\nNIKE may assign its rights and duties under these Terms to any party at any time without\nnotice to you, unless notice to you is required by applicable law, but this will not affect your rights\nor our obligations under these Terms. \nNIKE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of\nany of these Terms or NIKE’s rights. Users should always assume these Terms apply.\nIf any provision in these Terms is held invalid or unenforceable, the remainder of these Terms\nshall continue to be enforceable.\nThanks for reading. Please enjoy our community!\nCOUNTRY/REGION SPECIFIC TERMS \nIf you live in one of the following countries ore regions these additional terms apply and override\nany inconsistent terms in the Terms of Use.\nARGENTINA\nSection 3 (POSTING CONTENT ON THE PLATFORM): the first bullet point paragraph under\nsub-section “USER CONTENT LICENSE” is deleted and replaced with the following:\n“You grant NIKE a non-exclusive, transferable, royalty-free, worldwide license to display the User\nContent that you post on or in connection with the Platform and to share it with other Users,\nincluding the right to translate, display, reproduce, modify, create derivative works of, sublicense\nand distribute the User Content.\nFor example, we need these rights so we can copy your User Content into our databases, display\nit in the correct format across our mobile applications, and send your User Content to vendors\nwho perform services on Nike’s behalf.”\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is hereby deleted and replaced with\nthe following (except the last bullet point regarding bringing claims, which remains unchanged):\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE\nshall be governed in all respects by Argentine law.”\nAUSTRALIA\nSection 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:\nThe sub-section titled “WARRANTY DISCALIMER” is modified by adding the following:\n“However, the Platform, Content, and the materials and products on this Platform come with\ncertain guarantees that cannot be excluded for the benefit of Australian customers under\nAustralian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of\npurpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or\nmodify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee,\nright or remedy implied by the ACL and which by law cannot be excluded, restricted or modified,\neven if any other term of these Terms would otherwise suggest that this might be the case.”\nBRAZIL\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted and replaced with the\nfollowing:\n\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE\nshall be governed in all respects by Brazilian law, without regard to choice of law provisions, and\nnot by the 1980 U.N. Convention on Contracts for the International Sale of Goods.\nExcept where prohibited, you agree that all disputes, claims and legal proceedings directly or\nindirectly arising out of or relating to the Platform (including but not limited to the purchase of\nNIKE products) shall be resolved individually, without resort to any form of class action, and\nexclusively in Brazil.”\nCANADA\nIntroductory Paragraph:\nThe section titled “Our Terms May Change” is qualified by the following:\n“(a) Nike must send to you, at least 30 days before the amendment comes into force, a written\nnotice drawn up clearly and legibly, setting out the new clause and the date of the coming into\nforce of the amendment; and\n(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential\nperformance, cancel the contract without cost, penalty or cancellation indemnity by sending Nike\na notice to that effect no later than 30 days after the amendment comes into force, if the\namendment entails an increase in your obligations or a reduction in Nike’s obligations.”\nMULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty\nDisclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by\nthe following:\n“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the\nlimitations and exclusions of warranties on purchased products. If these laws apply to\nyou, the exclusions or limitations in the following sections may not apply: Physical\nActivity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of\nLiability.”\nSECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at\nthe beginning of the section:\n“Consumer protection laws in some jurisdictions, such as Quebec, might require that your\nagreement be governed by the laws of your jurisdiction and heard by competent courts in\nyour jurisdiction. In addition, such laws may not allow you to waive your right to be part of\na class action or to limit your time limitation to commence legal proceedings. If these laws\napply to you, the following limitations may not be applicable.\"\nCHINA (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan)\nSection 1 (GROUND RULES): the sub-section titled “Eligibility” is deleted in entirety and\nreplaced by the following:\n\"You are eligible to use the Platform if: i) you are of legal age and have capacity for civil conduct\nin accordance with the laws of the People's Republic of China; or ii) you have the consent from\nyour parent or guardian. There may be a certain age requirement for specific Platform services in\neach country/region.\nIf you are a parent or guardian and find that your child is using the Platform without your consent,\nyou may contact us.”\n\nThe following terms are added to the end of the second paragraph under “Rules for\nRegistration”:\n“To comply with the laws and regulations of the People's Republic of China, you shall\ncomplete the real name verification in accordance with the applicable laws.”\nSection 11 (DISPUTES/ADDITIONAL TERMS):\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced\nwith the following:\n“Choice of Law/Jurisdiction \nYou agree that the Platform, Terms and any dispute between you and NIKE shall be\ngoverned in all respects by the laws of People’s Republic of China, without regard to choice of\nlaw provisions, and the 1980 U.N. Convention on Contracts for the International Sale of Goods\nshall not apply.\nUnless otherwise provided by applicable laws, you agree that all disputes and claims arising\nfrom your use of the Platform (including, but not limited to, the purchase of NIKE products) shall\nbe resolved through amicable negotiation between the two parties; if no agreement is reached,\neither party may file a lawsuit at the Yangpu District People's Court of Shanghai and both parties\nshall waive the right to file an objection to subject matter jurisdiction.\"\nCOLOMBIA\nSection 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “USER CONTENT\nLICENSE” is modified as follows:\nThe first bullet point paragraph under USER CONTENT LICENSE is deleted and replaced with\nthe following:\n“You grant NIKE a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide\nlicense to use any of the User Content that you post on or in connection with the Platform,\nincluding the likeness of any person that appears in the User Content, or any of the concepts or\nideas contained in the User Content, for any purpose, including commercial use, which includes\nthe right to translate, display, reproduce, modify, create derivative works, sublicense, distribute\nand assign these rights.”\nSection 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “LICENSE TO\nUSE COMMENTS, FEEDACK AND IDEAS”is deleted in its entirety and replaced with the\nfollowing:\n“AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS. You grant to NIKE an\nindefinite, worldwide authorization to use all comments, feedback and ideas you may share with\nus, without notice, compensation or acknowledgement to you, for any purposes whatsoever,\nincluding, but not limited to, developing, manufacturing and marketing products and services and\ncreating, modifying or improving products and services.”\nHONG KONG\nNike, Inc., an entity registered in the State of Oregon, USA and with its address at One\nBowerman Drive, Beaverton, OR 97005, USA) is: (1) the operator and manager of the NRC\nand NTC Apps, and (2) our contracting entity for these Terms with you.\nSection 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): This section is deleted and\nreplaced with the following:\n\"Indemnification and release. You agree to indemnify, defend, and hold harmless NIKE Inc., its\naffiliates, officers, directors, employees, agents, licensors and suppliers (the “NIKE Parties”) from\nand against all claims, losses, liabilities, expenses, damages and costs (including attorneys'\n\nfees), arising from or relating in any way to your User Content, your use of Content, your use of\nthe Platform, your conduct in connection with the Platform or with other Platform users, or any\nviolation of these Terms, any law or the rights of any third party. \nLimitation of liability. Except to the extent permitted by applicable laws, you agree:\nthat none of the NIKE Parties will be liable for any special, incidental or consequential\ndamages (including any lost profits or lost data) that result from the use of, or the inability to use,\nthe Platform or the performance of the products purchased through the Platform or the conduct of\nother Platform Users (whether online or offline), or attendance at a NIKE event or NIKE partner\nevents, or any User Content or any other activity in connection with the use of the Platform, even\nif NIKE has been advised of the possibility of such damages;\nyou assume total responsibility for your use of the Platform; and\nif NIKE is found to be liable to you for any damage or loss which is in any way connected with\nyour use of the Platform or any Content, NIKE's liability shall not exceed the greater of: (1) the\namount you have paid to us under these Terms for your use of the Platform or any Content, or (2)\nUS$100.00.”\nSection 11 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled\n\"CHOICE OF LAW/JURISDICTION\" is deleted in its entirety.\nJAPAN\nSection 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:\nThe sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the\nfollowing:\nLIMITATION OF LIABILITY. NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY\nSPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT\nLIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF,\nOR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS\nPURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM\nUSERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A NIKE EVENT OR NIKE\nPARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION\nWITH THE USE OF THE PLATFORM, EVEN IF NIKE HAS BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR\nUSE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST NIKE IN CONNECTION WITH\nANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO\nSTOP USING THE PLATFORM. IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY\nDAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE\nPLATFORM OR ANY CONTENT, NIKE'S LIABILITY SHALL NOT EXCEED US$100.00 OR\nEURO 100.00 IF YOU LIVE IN EUROPE. \nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced\nwith the following:\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE\nshall be governed in all respects by Japanese law, without regard to choice of law provisions, and\nnot by the 1980 U.N. Convention on Contracts for the International Sale of Goods.\nExcept where prohibited by applicable law, and without limitation to any statutory rights for\nconsumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising\nout of or relating to the Platform (including but not limited to the purchase of NIKE products) shall\nbe resolved individually, without resort to any form of class action, and exclusively in the courts\nlocated in Tokyo, Japan.\n\nAll claims shall be brought within one (1) year after the claim arises, except to the extent a\nlonger period is required by applicable law.\nKOREA\nThe following location-based service provider terms apply to your use of\nand access to the Nike Running Club app and the Nike Training Club app:\nlocation-based service provider terms. In the event of any conflict between\nthe location-based service provider terms and these Terms, these Terms\nshall govern.\nPHILIPPINES\nSection 2 (OWNERSHIP OF CONTENT): The third bullet point of this Section is revised as\nfollows:\nTo the extent NIKE approves the download or use of Content comprised of copyrights or\ncopyrightable works, NIKE grants you a limited, personal, non-transferable, and non-assignable\nright to access and use such copyrights or copyrightable works solely for their intended purpose\nand solely for as long as NIKE makes such Content generally available to the public. You do not\nacquire any ownership rights or any form of license in the Content (including any trademarks or\nother intellectual property included in the Content), and all such Content is intended for personal,\nnon-commercial use. NIKE reserves the right to monitor your use and to alter or revoke the\nsame or your access to the Content at any time and for any reason. NIKE reserves the right to\ntake down any Content in violation of these terms or NIKE’s intellectual property rights. NIKE\nallowing you this limited use does not constitute a waiver of any of Nike’s rights to the Content. \nSection 3 (POSTING CONTENT OF THE PLATFORM): This section is revised as follows:\nUser Content License. Some parts of the Platform allow you to post photos, videos, comments,\nand other content, which we refer to as “User Content.” Nike is not responsible for User Content\nothers post to the Platform. User Content is owned by you or whoever created it, but when you\npost User Content you agree as follows:\nYou represent that you have the right to post your User Content, and you agree to execute all\nrelevant documents to grant NIKE a non-exclusive, perpetual, transferable, sub-licensable,\nroyalty-free, worldwide license to use any of the User Content that you post on or in connection\nwith the Platform, including the likeness of any person that appears in the User Content, or any of\nthe concepts or ideas contained in the User Content, for any purpose, including commercial use,\nwhich includes the right to translate, display, reproduce, modify, create derivative works,\nsublicense, distribute and assign these rights. NIKE may, in its sole discretion, remove any User\nContent at any time. \nYou understand that deleted User Content may persist in NIKE’s systems and on the Platform\nto the extent your User Content has been publicly posted or shared with others who have not\ndeleted it, unless you or the relevant individual request deletion or blocking of personal data in\naccordance with applicable law. \nSection 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): The sub-section titled\n\"LIMITATION OF LIABILITY\" is deleted and replaced with the following:\n\"To the extent allowed under applicable law, none of the NIKE parties will be liable for any\nspecial, incidental or consequential damages, including without limitation for any lost profits or\nlost data, that result from the use of, or the inability to use, the Platform or the performance of the\nproducts purchased through the Platform or the conduct of other Platform Users (whether online\nor offline), or attendance at a NIKE event or NIKE partner events, or any User Content or any\nother activity in connection with the use of the Platform, even if NIKE has been advised of the\npossibility of such damages. If NIKE is found to be liable to you for any damage or loss which is\nin any way connected with your use of the Platform or any Content, NIKE's liability shall not\nexceed US$100.00 or Euro 100.00 if you live in Europe, without prejudice to any applicable law.\"\n\nSection 11 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled\n\"CHOICE OF LAW/JURISDICTION\" is deleted in its entirety.\nEUROPEAN COUNTRIES\nThe following revisions apply to all European countries,\nexcept Austria, France, Germany, Italy, Poland and Switzerland, which have other specific\nrevisions to these terms applicable to European Countries.\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced\nwith the following (except the last bullet point regarding bringing claims, which remains\nunchanged):\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, and any dispute between you and NIKE shall be governed\nin all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N.\nConvention on Contracts for the International Sale of Goods.\nExcept where prohibited and without limitation to any statutory rights for consumers, you\nagree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating\nto the Platform (including but not limited to the purchase of NIKE products) shall be resolved and\nexclusively in the competent courts of Amsterdam, the Netherlands.”\nAUSTRIA\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for\nEuropean Countries below, except the following is added at the end:\n“All claims shall be brought within three (3) years after the claim arises.”\nBELGIUM\nSection 3 (POSTING CONTENT ON THE PLATFORM): this section is modified as follows:\nThe first bullet point paragraph under the sub-section titled “USER CONTENT LICENSE” is\ndeleted in its entirety and replaced with the following:\n“You grant NIKE a non-exclusive, perpetual (or at least for the duration of the legal protection of\nthe intellectual property rights/image rights which may lie in the User Content), transferable, sub-\nlicensable, royalty-free, worldwide license to use any of the User Content that you post on or in\nconnection with the Platform, including the likeness of any person that appears in the User\nContent, or any of the concepts or ideas contained in the User Content, for any purpose,\nincluding commercial, promotional and operational use, which includes the right to translate,\ndisplay, reproduce, modify, create derivative works, sublicense, distribute and assign these\nrights.”\nThe sub-section titled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in\nits entirety and replaced with the following:\n“LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You grant to NIKE a perpetual (or\nat least for the duration of the legal protection of the intellectual property rights/image rights which\nmay lie in the comments, feedback and ideas), worldwide license to use all comments, feedback\nand ideas you may share with us, without notice, compensation or acknowledgement to you, for\nany purposes whatsoever, including, but not limited to, developing, manufacturing and marketing\nproducts and services and creating, modifying or improving products and services.”\nFRANCE\n\nSection 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in its\nentirety and replaced with the following:\n“If you believe that your work has been improperly copied to the Platform, such that it constitutes\ninfringement, please provide us with the following information:\n(1) date of the notification;\n(2) if the claimant is a natural person: name, surname, profession, address, nationality, place and\ndate of birth;\n(3) if the claimant is a legal person: name, form, registered office and the entity representing it for\nlegal purposes;\n(4) name and address of the recipient, or if a legal person, its name and registered office;\n(5) a description of the facts at issue and the precise location;\n(6) the grounds on which the content should be withdrawn, including relevant legal provisions and\njustification of facts; and\n(7) a copy of the correspondence sent to the author or editor of the litigious information or activity\nrequesting their interruption, withdrawal or modification or an explanation that the author or editor\ncould not be contact.”\nSection 9 (INDEMNIFICATION/LIABILITY): this section is modified as follows:\nThe sub-section titled “Indemnification and Release” is deleted in its entirety and replaced with\nthe following:\n“Indemnification. You agree to indemnify, defend, and hold harmless NIKE Inc., its affiliates,\nofficers, directors, employees, agents, licensors and suppliers (the “NIKE Parties”) from and\nagainst all claims, losses, liabilities, expenses, damages and costs, including, without limitation,\nattorneys' fees, arising from or relating in any way to your User Content, your use of Content,\nyour use of the Platform, your conduct in connection with the Platform or with other Platform\nusers, or any violation of these Terms of Use, any law or the rights of any third party.”\nThe sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety.\nSection 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF\nLAW/JURISDICTION” is deleted in its entirety and replaced with the following: \n “Choice of Law/Jurisdiction\nNothing in this paragraph shall deprive you of the protection afforded to consumers by the\nmandatory rules of law of the country in which you live.\nYou agree that the Platform, Terms, and any dispute between you and NIKE shall be governed\nin all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N.\nConvention on Contracts for the International Sale of Goods.\nExcept where prohibited and without limitation to any statutory rights for consumers, you\nagree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating\nto the Platform (including but not limited to the purchase of NIKE products) shall be resolved and\nexclusively in the competent courts of Amsterdam, the Netherlands.\nIf you have a complaint, please contact us. If you feel your complaint is not adequately\naddressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform\nthat you can access through http://ec.europa.eu/odr. In addition, you have the right to initiate a\nmediation procedure by contacting the mediator (s) as follows: Association des médiateurs\neuropéens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02\n69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and\n\nimpartially, reach an amicable resolution of the dispute. In case of mediation, each party is free\nto accept or reject the solution proposed by the mediator.”\nGERMANY\nSection 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:\nThe third bullet point in the summary box is deleted in its entirety and replaced with the following:\n“NIKE is not responsible for any damage (except liability for NIKE’s willful and gross negligent\nacts and NIKE’s personal injuries) caused by your interactions with other users. Please be\nresponsible and take precautions when interacting with people you don’t know.”\nThe last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in\nits entirety and replaced with the following:\n“To the maximum extent allowed by applicable law, NIKE is not responsible or liable for any\ndamages (except liability for NIKE’s willful and gross negligent acts and NIKE’s personal injuries)\nyou may sustain that result from your use of, or inability to use, the Platform.” \nThe sub- section titled “WARRANTY DISCLAIMER”, including all of the bullet points therein, is\ndeleted in its entirety.\nSection 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:\nThe sub-section titled “INDEMNIFICATION AND RELEASE” is deleted in its entirety.\nThe sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the\nfollowing:\n“LIMITATION OF LIABILITY. Any liability of NIKE and its affiliates, and their officers, directors,\nshareholders, employees and agents (the “Released Parties”) is limited to cases of intent or\ngross negligence. In cases of slight negligence the Released Parties are only liable if an essential\ncontractual duty, whose violation endangers the purpose of the contract or whose performance is\nrequired to achieve this purpose and in whose performance the consumer trusts (so called\n“cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical\nand foreseeable. This limitation of liability does not apply to claims under product liability law and\nin the case of bodily harm or death.”\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for\nEuropean Countries above, except the following is added at the end:\n“All claims shall be brought within two (2) years after the claim arises.”\nHUNGARY\nIntroductory Paragraphs: The second bullet point in the first section above titled “Terms of\nSale” is amended by adding the following:\n\"These Terms constitute an implied agreement between you and NIKE, unless otherwise meeting\nthe requirements of written agreements under Hungarian Law.\"\nITALY\nSection 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:\nThe last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in\nits entirety and replaced with the following:\n“To the maximum extent allowed by applicable law, NIKE is not responsible or liable for any\ndamages you may sustain that result from your use of, or inability to use, the features on the\n\nPlatform, except in the event of fraud or gross negligence by Nike.” \nThe sub-section titled “USER INTERACTIONS” is deleted in its entirety and replaced with the\nfollowing:\n“USER INTERACTIONS. We are not responsible for your interactions with other users of the\nPlatform or any damage or harm you may experience because of these interactions, except in\nthe event of fraud or gross negligence by Nike. \nBe responsible and take precautions when interacting with other users (including users you do\nnot know) on the Platform. Before you meet another person face-to-face, consider investigating,\nbringing a friend, choosing public locations and letting someone know where you will be. NIKE is\nunder no obligation to become involved with any user dispute (but may do so at its own\ndiscretion) except in the event of fraud or gross negligence by Nike.”\nSection 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF\nLAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last\nbullet point regarding bringing claims, which remains unchanged):\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, and any dispute between you and NIKE shall be governed\nin all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N.\nConvention on Contracts for the International Sale of Goods, subject to any statutory provisions\nof applicable law which may apply regardless of any different choice of law.\nExcept where prohibited and without limitation to any statutory rights for consumers, you\nagree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating\nto the Platform (including but not limited to the purchase of NIKE products) shall be resolved and\nexclusively in the court of the place where you are resident or domiciled.”\nPOLAND\nSection 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF\nLAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last\nbullet point regarding bringing claims, which remains unchanged):\n “Choice of Law/Jurisdiction\nThe Platform, Terms, and any dispute between you and NIKE shall be governed in all respects\nby Polish law.\nAll disputes, claims and legal proceedings directly or indirectly arising out of or relating to the\nPlatform (including but not limited to the purchase of NIKE products) shall be resolved in the\ncourts competent under applicable law.”\nSWITZERLAND\nSection 11 (DISPUTES/ADDITIONAL TERMS): the sub- section titled “CHOICE OF\nLAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last\nbullet point regarding bringing claims, which remains unchanged):\n“CHOICE OF LAW/JURISDICTION\nYou agree that the Platform, Terms, and any dispute between you and NIKE shall be governed\nin all respects by the substantive laws of Switzerland, without regard to any international conflict\nof law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the\nInternational Sale of Goods.\nYou agree that all disputes arising directly or indirectly out of or in connection with the Platform\nand these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of\nthe city of Zurich, Switzerland.”\n\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Strava","url":"https://www.strava.com/legal/terms","lang":"ENG","sector":"Sport","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"15.12.2020"},"document":{"title":"","text":"Strava Terms of Service\nEffective Date: December 15, 2020\nWelcome to Strava. We want you to know and understand your rights and our rights relating to the provision\nof the Services (as defined below). Please review them carefully. Here are a few highlights:\nYour privacy is critically important to us. See how we collect and use your personal information in\nour Privacy Policy.\nYou can cancel your subscription or delete your account at any time.\nYou own your content, but give us a right to use it.\nWe expect you to be respectful and we can cancel your account if you act inappropriately.\nStrava is not liable for your activities and no warranties are made by Strava.\nWe can cancel your account if you act inappropriately.\nWe want your feedback, and you allow us to use it.\nYou agree to arbitrate if there is a dispute between us (unless you reside in the European Union).\nThere are easy ways to reach us if you have questions or need help.\nTerms of Service\nThe Strava websites, related mobile applications and services (collectively, the “Services”) are made\navailable to you by Strava, Inc. with its address at 208 Utah Street, San Francisco, CA 94103, USA, subject\nto these Terms of Service (the “Terms”) and in accordance with the Strava Privacy Policy (the “Privacy\nPolicy”). More information about the Services may be found at https://strava.com. You agree to comply with\nthese Terms and any supplemental terms which Strava makes available to you on the Services which shall\nform part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY\nINFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR\nASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY\nSIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE\nTO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in\nEnglish. To the extent a translated version of the Terms conflict with the English version, the English version\ncontrols.\nIf you access or use the Services on behalf of a company or other entity, you represent that you have\nauthority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case,\nthe term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or\nuse the Services. These Terms contain disclaimers of warranties and limitations on liability that may be\napplicable to you.\nThe Strava Services cannot be provided and the agreement described in these Terms of Service cannot be\nperformed without Strava processing data about you, and other Strava athletes, including your location data.\nProcessing of the data you share with Strava, including location data, is essential to the Services which we\nprovide and a necessary part of our performance of the agreement we have with you.\nNotice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes\nbetween you and Strava are resolved, including an agreement to arbitrate, which will, unless you\nreside in the European Union, with limited exception, require you to submit claims you have against us\nto binding and final arbitration and limit you to claims against Strava on an individual basis, unless\nyou opt-out in accordance with the instructions below.\nRegistration and Accounts\nThe Services are intended solely for persons who are 13 years old or such higher age required in your\ncountry to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you\nrepresent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.\n\nTo use the Services, you must register. You agree to: (a) provide true, accurate, current and complete\ninformation about yourself (“Athlete Data”) and (b) maintain and promptly update the Athlete Data. You\nagree that Strava may use your Athlete Data to provide Services that you access or use and as otherwise set\nforth in these Terms. If you provide any Athlete Data that is inaccurate or not current, or Strava has\nreasonable grounds to suspect that such Athlete Data is inaccurate or not current, Strava has the right to\nsuspend or terminate your account and refuse current or future use of the Services. In consideration of your\nuse of the Services, you represent that you are not a person barred from receiving services under the laws of\nany applicable jurisdiction.\nYou are solely responsible for maintaining the confidentiality of the password associated with your account\nand for restricting access to your password, your computer and mobile device while logged into the Services.\nYou accept responsibility for all activities that occur under your account or from your computer and mobile\ndevices. We endeavor to use reasonable security measures to protect against unauthorized access to your\naccount. We cannot, however, guarantee absolute security of your account, your Content (as defined below)\nor the personal information you provide, and we cannot promise that our security measures will prevent\nthird-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify\nStrava of any unauthorized use of your account or password, or any other breach of security, and confirm that\nyou understand all risks of unauthorized access to Athlete Data and any other information or content you\nprovide to Strava.\nYou may register for or log-in to your account via a third-party network, such as Facebook or Google. If you\ndo so, you hereby authorize Strava to pre-populate the registration and other relevant information fields of\nyour account and/or to use such third-party credentials to log you into your account. If you connect your\naccount to a third-party network, you agree to comply with the terms and conditions and policies applicable\nto such third party.\nBy virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by\nthe Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in\nconnection with your use of such Services.\nPayments and Fees\nPayments\nTo pay any fee, you must designate and provide information about your preferred payment method (e.g.,\ncredit card, online payment service, a third party, like iTunes or Google Play, or any other payment method\nmade available by Strava) (the “Payment Method”). If you provide your payment information, you authorize\nus and certain third party service providers, payment card networks and payment processors to receive, store\nand encrypt your payment information. You may switch to a different Payment Method or update your\ninformation by visiting https://strava.com/account. If you paid through the Google Play or iTunes store, you\nmay change your Payment Method through the corresponding store account. No refunds or credits will be\nprovided by Strava, other than as set forth in these Terms. If your payment provider determines that there are\nfraudulent charges on your account resulting from use of your Payment Method at the Services, please\ncontact us immediately via https://support.strava.com.\nFees\nIn order to access certain functionality of the Services, you may be required to pay subscription fees.\nSubscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription\nfees are payable in advance. Athletes changing from monthly to annual subscriptions will have the annual\nrates take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other\ncharges you incur in connection with your Strava account, whether on a one-time or subscription basis.\nStrava reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any\ntime upon reasonable advance notice.\nAuto-Renewal\n\nSubscription fees will be billed automatically at the start of the monthly or annual period, as applicable.\nThese fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will\nbe the same as your initial charges unless you are otherwise notified in advance. You may cancel your\nsubscription at any time, as described below.\nCooling Off\nIf you reside outside the United States, you may be entitled to change your mind and receive a full refund\nwithin fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise\nredeemed or started to use the Services as a subscriber during the Cooling-off Period.\nCancellation\nCancellation of Subscription\nIf you signed up on Strava.com, you may cancel your subscription by visiting your “Account” page and\nselecting “Downgrade.” If you signed up through the Google Play or iTunes store, you may cancel your\nsubscription by downgrading through the corresponding store. The cancellation of a subscription will go into\neffect at the end of your current billing cycle. When your subscription ends, your account will remain and\nbecome a free subscription. You can renew your subscription at any time without opening a new account,\nalthough the subscription fees may have increased. You can delete your account at any time.\nFree Trials\nYour subscription may start with a free trial. The free trial period for any subscription will last for the period\nof time specified when you signed up. Free trials may not be combined with certain other offers, as specified.\nIf you begin your subscription with a free trial, we will begin billing your Payment Method for subscription\nfees at the end of the free trial period of your subscription unless you cancel your subscription prior to the\nend of the free trial period. Your Payment Method will be authorized for up to approximately one month of\nservice as soon as you register for a free trial. In some instances, your available balance or credit limit may\nbe reduced to reflect the authorization; however, no charges will be made against the Payment Method unless\nyou do not cancel prior to the end of your free trial period. You may cancel your subscription at any time by\ngoing to your account settings.\nContent and Conduct\nContent\nYou own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or\nother materials you make available in connection with the Services (“Content”), whether publicly posted,\nprivately transmitted, or submitted through a third party API (e.g. a photograph submitted via\nInstagram). Public segments and routes created by using the Services are not considered Content. You grant\nus a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify,\nadapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content\nand any name, username or likeness that you post on or in connection with the Services in all media formats\nand channels now known or later developed without compensation to you. This license ends when you delete\nyour Content or your account.\nYou understand that you, and not Strava, are entirely responsible for all Content that you upload, post, email,\ntransmit or otherwise make available via the Services. Strava does not routinely screen or monitor the\nContent posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of\nsuch Content. Strava may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or\nremove any Content that violates the Terms or is otherwise objectionable. You understand that by using the\nServices, you may be exposed to Content that is offensive, indecent or objectionable. Under no\ncircumstances will Strava be liable in any way for any Content, including, but not limited to, any errors or\n\nomissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content\nmade available on the Services. You agree to bear all risks associated with the use of any Content available in\nconnection with the Services, including any reliance on the accuracy, completeness, or usefulness of such\nContent.\nYou agree that Strava is not responsible for, and does not endorse, Content posted on the Services. If your\nContent violates these Terms, you may bear legal responsibility for that Content. As between you and Strava,\nany Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure\nof Content. You acknowledge and agree that your relationship with Strava is not a confidential, fiduciary, or\nother type of special relationship, and that your decision to submit any Content does not place Strava in a\nposition that is any different from the position held by members of the general public, including with regard\nto your Content. Your Content will not be subject to any obligation of confidence on the part of Strava other\nthan as set forth in our Privacy Policy and your privacy controls, and Strava will not be liable for any use or\ndisclosure of any Content you provide.\nThe Services may provide you with the ability to mark certain Content that you submit to the Services as\nprivate, public, or available only to select users of the Services. Strava will maintain the privacy of such\nContent in accordance with your elections. However, if you do not elect to mark your Content as private or\navailable for a limited group of athletes, or later change such designation to allow such Content to be made\navailable to anyone, you are responsible for the public nature of the content. Please review our Privacy\nPolicy for more information on how to manage your privacy controls.\nYou give us permission to use your profile name, profile photo, and information about your activities and\nactions you have taken, including your use of third party products, services, or devices, in ads, offers and\nother commercial contexts on the Strava service without compensation to you. For example, we may show\nyour Strava followers that you use a certain device, product, or service available from a brand that has paid\nus to display its ads on Strava. You may adjust settings to prevent your profile name and profile photo from\nappearing in an ad.\nConduct\nWe expect you to honor the Strava Community Standards. The Services are for your personal and\nnoncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish,\nlicense, create derivative works from, transfer or sell for any commercial purposes any portion of the\nServices, use of the Services or access to Content. You may not use the Services, or assist or encourage any\nother party, to engage in any of the following Prohibited Activities:\n1. Copying, framing or mirroring any part of the Services;\n2. Accessing the Services to monitor its availability, performance or functionality;\n3. Permitting any third party to access the Services;\n4. Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or\notherwise attempting to extract the source code of the software underlying the Services or any part\nthereof, unless expressly permitted or required by law, and in any case, without providing prior written\nnotice to Strava;\n5. Publishing, transmitting, distributing or storing content, material, information or data that: (1) is\nillegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2)\nis harmful to or interferes with the Services or any third party’s networks, equipment, applications,\nservices or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates\nor otherwise violates any privacy, intellectual property, publicity or other personal rights including,\nwithout limitation, copyrights, patents, trademarks, trade secrets or other proprietary information\n(including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or\nmisleading statements, claims or representations (such as “phishing”);\n6. Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the\ncomputers, services, Accounts or networks of any other party (including, without limitation,\n“hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to\nbreach security such as scanning, probing or other testing or vulnerability assessment activity, or\nengaging in or permitting any network or hosting activity that results in the blacklisting or other\nblockage of Strava internet protocol space;\n\n7. Avoiding payment of charges or fees payable by you with respect to the Services;\n8. Committing any act that may be harmful to minors;\n9. Distributing, or disclosing any part of the Services in any medium, including without limitation by any\nautomated or non-automated “scraping”;\n10. Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc.,\nto access the Services in a manner that sends more request messages to Strava than a human can\nreasonably produce in the same period of time by using a conventional web browser;\n11. Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or\ndisproportionately large load on our infrastructure;\n12. Collecting or harvesting any information relating to an identified or identifiable individual, including\naccount names and information about users of the Services, from the Services;\n13. Using the Services for any inappropriate commercial solicitation purposes;\n14. Accessing any content on the Services through any technology or means other than those provided or\nauthorized by the Services;\n15. Submitting to the Services or to Strava any personally identifiable information, except as necessary for\nthe establishment and operation of your account;\n16. Submitting to the Services or to Strava any information that may be protected from disclosure by\napplicable law;\n17. Bypassing the measures we may use to prevent or restrict access to the Services, including, without\nlimitation, features that prevent or restrict use or copying of any content or enforce limitations on use\nof the Services or the content therein;\n18. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could\nconstitute a criminal offense or give rise to civil liability;\n19. Removing any copyright, trademark or other proprietary rights notices contained in or on the Services;\nor\n20. Executing any form of network monitoring or running a network analyzer or packet sniffer or other\ntechnology to intercept, decode, mine or display any packets used to communicate between the\nService’s servers or any data not intended for you.\nYou are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial\nuse only, provided such link does not portray Strava or any of its products or services in a false, misleading,\nderogatory or otherwise defamatory manner, and provided further that the linking site does not contain any\npornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right\nto implement any RSS feeds located on the Services for your personal, non-commercial use, solely as\ndescribed on the Services. We reserve the right to revoke these licenses generally, or your right to use specific\nlinks or RSS feeds, at any time, with or without cause.\nYou understand that use of certain features of the Services may require you to purchase third party equipment\nor materials (e.g., GPS systems). While Strava may recommend the equipment or materials of certain third\nparty suppliers, Strava shall have no responsibility for your acquisition or use of any third party equipment or\nmaterials and does not guarantee that third party equipment or materials will function with the Services or\nwill be error-free.\nYou understand that you are responsible for any charges associated with sending communications via your\ndevice. You hereby acknowledge that you have the right to communicate with your contacts via the Services.\nYou represent and warrant that: (i) you are authorized to create your account, whether individually or on\nbehalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise\nhave the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your\nContent on or through the Services does not and will not violate, misappropriate or infringe on the rights of\nany third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights,\ntrademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any\nother monies owed by reason of Content you post on or through the Services.\nInteractions with Athletes\n\nThe Services function as a venue to connect athletes in a virtual information place. As a neutral facilitator,\nStrava is not directly involved in the actual interactions between athletes using the Services. As a result,\nStrava has no control over the truth, accuracy, quality, legality, or safety of postings made by athletes using\nthe Services. Strava shall have no responsibility to confirm the identity of athletes. Strava shall also have no\nresponsibility to confirm or verify the qualifications, background, or abilities of athletes using the Services.\nYou shall at all time exercise common sense and good judgment when dealing with any athlete using the\nServices.\nIf you elect to use our features to inform your contacts about the Services, track your activities via Strava\nBeacon, or share your information with others, Strava may require you to provide contact information. Strava\nmay contact that friend via a one-time email or text message. You represent that you are authorized to\nprovide any third party contact information that you provide to Strava, that you are authorized to use such\ninformation to contact (including for Strava to contact on your behalf) the third party and that Strava may\nprocess it pursuant to the Privacy Policy.\nProfessional and Verified Athletes\nIf you are a professional athlete, Strava may choose to verify your Strava account and place a badge on your\nprofile indicating your professional status. Verified professional athletes on Strava will receive a free\nsubscription. We expect all athletes to honor the Strava Community Standards and code of conduct as listed\nin these Terms of Service. We reserve the right to remove your verified status and badge, as well as cease\nyour free subscription, at any time.\nClubs\nStrava creates and administers certain clubs as well as the club verification program. Strava may choose to\nverify certain clubs and place a badge on their profile page. We reserve the right to revoke or transfer\nownership of clubs, remove content, remove a club’s verified status and badge, and remove a club at any\ntime. If you request a transfer of ownership of a club, Strava may require you to provide certain\ndocumentation.\nIf you, as an athlete or partner, create a club on Strava, you are responsible for ensuring that your club: (a)\nabides by these Terms of Service and our Community Standards; (b) does not claim or suggest an affiliation\nwith Strava whether by using Strava’s intellectual property or otherwise; (c) has the right to use or post all\nclub content, third party or otherwise, including rights to use name(s), logo(s), images, trademarks, trade\ndress, service marks, copyrights, or other intellectual property; and (d) does not use the club to advertise or\npromote any contests, sweepstakes, or other promotions. Club administrators hereby agree to indemnify and\nhold Strava harmless from any and all claims arising out of your club, including but not limited to claims of\nintellectual property infringement.\nThird Parties\nThird party products and services made available on the Services are made and offered directly by the\napplicable third party. When you pursue or purchase any such product or service, you acknowledge that you\nare contracting directly with such third party and not with Strava. Your interaction with, or participation in\npromotions of, third parties found on or through the Services, including payment and delivery of goods or\nservices, and any other terms, are solely between you and such third party. You are not obligated to use or\ntransact business with any third party that appears on the Services. YOU AGREE THAT STRAVA SHALL\nNOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE\nRESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR\nADVERTISERS AVAILABLE THROUGH THE SERVICES.\nStrava or third parties may provide links to other internet sites or resources through the Services. Strava does\nnot endorse and is not responsible or liable for any content, information, advertising, products or other\nmaterials on or available from such sites or resources. You acknowledge and agree that Strava is not\nresponsible for the availability of such external sites or resources.\n\nElectronic Communications\nThe Services may provide you with the ability to send or post messages to forums or chat rooms, speak via\ninternet voice connections or send similar messages and communications to third party service providers,\nadvertisers, your personal contacts, other athletes and/or Strava. You agree to use communication methods\navailable on the Services only to send communications and materials related to the subject matter for which\nStrava provided the communication method, and you further agree that all such communications by you shall\nbe deemed your Content and shall be subject to and governed by the Terms and applicable law (including\nlaws regulating direct marketing communications with which you will need to comply with, as applicable).\nBy using communications methods available on the Services, you agree that (a) all communications methods\nconstitute public, and not private, means of communication between you and the other party or parties, (b)\ncommunications sent to or received from third party service providers, advertisers or other third parties are\nnot be endorsed, sponsored or approved by Strava (unless expressly stated otherwise by Strava) and (c)\ncommunications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored\nby Strava in any manner, though Strava reserves the right to do so at any time at its sole discretion. You agree\nthat all notices, disclosures and other communications that we provide to you electronically shall satisfy any\nlegal requirement that such communications be in writing.\nProprietary Rights\nYou acknowledge and agree that the Services, any necessary software used in connection with the Services\n(if any), any aggregated data based on Content on the Services, and any Content available or made available\non the Services contain proprietary and confidential information that is protected by applicable intellectual\nproperty and other laws. Except as expressly permitted by applicable law or authorized by Strava or\napplicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell,\ndistribute or create derivative works based on the Services, the software or Content available on the Services\n(other than Content that you may submit), in whole or in part.\nStrava grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and\nlicense to access and use the Services; provided that you do not (and do not allow any third party to) copy,\nmodify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover\nany source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the\nServices, except where permitted by law. You agree not to access the Services by any means other than\nthrough the interfaces that are provided by Strava.\nThe term STRAVA, the Strava logo and other Strava logos and product and service names are the exclusive\ntrademarks of, and are owned by, Strava, Inc., and you may not use or display such trademarks in any manner\nwithout Strava’s prior written permission. Any third party trademarks or service marks displayed on the\nServices are the property of their respective owners.\nStrava reserves all rights not expressly granted hereunder.\nClaims of Infringement\nThe Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe\nthat material appearing on the internet infringes their rights under U.S. copyright law. Strava also reviews\nclaims of trademark infringement. If you believe in good faith that materials hosted by Strava infringe your\ncopyright or trademark rights, you (or your agent) may send us a notice requesting that the material be\nremoved, or access to it blocked. The notice must include the following information: (a) a physical or\nelectronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly\ninfringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if\nmultiple copyrighted works or trademarks located on the Services are covered by a single notification, a\nrepresentative list of such works); (c) identification of the material that is claimed to be infringing or the\nsubject of infringing activity, and information reasonably sufficient to allow Strava to locate the material on\nthe Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining\nparty; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner\n\ncomplained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a\nstatement that the information in the notification is accurate and, under penalty of perjury, that the\ncomplaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.\nPlease be advised that Strava will not respond to complaints that do not meet these requirements. If Strava\ndetermines that the materials alleged to infringe your copyright or trademark rights do not require removal,\nStrava will remove those materials only pursuant to a court order declaring the content or use of the materials\nunlawful.\nIf you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the\nDMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a)\nyour name, address, and telephone number; (b) the source of the content that was removed; (c) a statement\nunder penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a\nstatement that you consent to the jurisdiction of Federal District Court for the judicial district in which your\naddress is located; or, if your address is outside of the United States, for any judicial district in which Strava\nmay be found, and that you will accept service of process from the person who provided the original\ncomplaint; and (e) a physical or electronic signature (for example, typing your full name).\nNotices and counter-notices with respect to the Services must meet the then-current statutory requirements\nimposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent\nidentified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also,\nbe aware that there may be penalties for false claims under the DMCA.\nAgent to Receive Notices of Claimed Infringement:\nStrava Copyright Agent\n208 Utah Street\nSan Francisco, CA 94103\nUSA\[email protected]\n(415) 373-0220\nYour Feedback\nWe welcome your comments, feedback, suggestions, and other communications regarding the Services and\nthe information and services we make available through the Services (collectively, “Feedback”). If you\nprovide Feedback, you hereby grant to Strava a worldwide, non-exclusive, transferable, assignable, sub-\nlicensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly\ndisplay and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale,\nimport and export products and services based on such Feedback. For this reason, we ask that you not send\nStrava any Feedback that you do not wish to license to us as set forth above.\nDisclaimer of Warranties and Liability\nTHE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE\nTHROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY.\nSTRAVA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS\nAND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH\nINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT\nLIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS\nFOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. STRAVA AND ITS\nSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS\nMAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR\nCONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY,\nSECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE\nSERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS,\n\nSERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU\nTHROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE\nSERVICES WILL BE CORRECTED.\nYOU EXPRESSLY AGREE THAT STRAVA IS NOT PROVIDING MEDICAL ADVICE VIA THE\nSERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT,\nPHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO\nCLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT\nHOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE\nOF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT,\nCALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR\n(c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD\nYOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR\nOTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL\nYOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL\nADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED\nON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE\nSERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND\nRECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE\nINTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-\nPATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP\nBETWEEN YOU AND STRAVA.\nYOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED\nTO, CYCLING, RUNNING, OR FOLLOWING A STRAVA TRAINING PLAN OFFERED ON THE\nSERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE,\nBODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND\nUNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR\nPART BY THE ACTION, INACTION OR NEGLIGENCE OF STRAVA OR BY THE ACTION,\nINACTION OR NEGLIGENCE OF OTHERS.\nYOU EXPRESSLY AGREE THAT STRAVA DOES NOT ASSUME RESPONSIBILITY FOR THE\nINSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST,\nCHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT\nARE ORGANIZED BY A CLUB ADMINISTRATOR.\nYOU EXPRESSLY AGREE TO RELEASE STRAVA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS,\nAGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED\nPARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC\nACTIVITIES AND/OR USE OF THE STRAVA WEBSITES, MOBILE APPLICATIONS, CONTENT,\nSERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY STRAVA TRAINING\nPLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS,\nINJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN\nNO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR\nANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES\nARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE\nSERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED\nBY STRAVA (INCLUDING, WITHOUT LIMITATION, ANY STRAVA TRAINING PLAN) WHILE\nENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE\nPROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR\nINABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION,\nSOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES,\nWHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF STRAVA\nHAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.\nBECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS\nOR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR\nINCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT\n\nAPPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE\nREAD AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542\nOF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR\nTERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO\nCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT\nTHE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE\nMATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”\nSTRAVA DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER ATHLETE’S CONTENT AND\nSPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY\nFOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR\nOTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER\nBASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.\nTHE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS\nSHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT\nOF FEES PAID BY YOU TO STRAVA IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.\nIF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL\nREMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR\nLEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE\nSTATUTORY REMEDIES.\nIndemnity\nYou agree to indemnify and hold Strava and its subsidiaries, affiliates, officers, agents, representatives,\nemployees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees,\nmade by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make\navailable through the Services, your use of the Services, your athletic activities which generate the Content\nyou post or seek to post on the Services (including, but not limited to, athletic activities in connection with\nany contests, races, group rides, or other events which Strava sponsors, organizes, participates in, or whose\nServices are used in connection with), your connection to the Services, your violation of the Terms, your\nviolation of any data protection or privacy laws, or your violation of any rights of another person or entity.\nYour rights with respect to Strava are not modified by the foregoing indemnification if the laws of your\ncountry of residence, applicable as a result of your use of our Services, do not permit it.\nNotice for California Athletes\nUnder California Civil Code Section 1789.3, California Services athletes are entitled to the following specific\nconsumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the\nCalifornia Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N\n112, Sacramento, California 95834, or by telephone at (800) 952-5210.\nDispute Resolution\nArbitration\nThe parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through\ngood-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.\nExcept for disputes relating to the Strava’s intellectual property (such as trademarks, trade dress, domain\nnames, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims\narising out of or relating to this Agreement and your use of the Services shall be finally settled by binding\narbitration administered by JAMS in accordance with its provisions and procedures for consumer-related\ndisputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any\ncourt or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this\n\nAgreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.\nThe arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however,\nthat the arbitrator will not have authority to award damages, remedies, or awards that conflict with this\nAgreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any\ncourt of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a\nlawsuit, Strava will pay the additional cost. You and Strava hereby expressly waive trial by jury. You also\nagree not to participate in claims brought in a private attorney general or representative capacity, or\nconsolidated claims involving another person’s account, if Strava is a party to the proceeding. This dispute\nresolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users\nwho live in the European Union.\nThe parties understand that, absent this mandatory provision, they would have the right to sue in court and\nhave a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the\ncosts of litigation and that the right to discovery may be more limited in arbitration than in court.\nClass-Action Waiver\nThe parties further agree that any arbitration shall be conducted in their individual capacities only, and not as\na class action or other representative action. If any court or arbitrator determines that the class-action waiver\nset forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class\nbasis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the\nparties shall be deemed to have not agreed to arbitrate disputes.\nException—Litigation of Small Claims Court Claims\nNotwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek\nrelief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.\nThirty-Day Right to Opt Out\nYou have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth\nin this section by sending written notice of your decision to opt out to the following address: Strava, Inc.,\nAttn: Legal Department, 208 Utah Street, San Francisco, CA 94103, USA. The notice must be sent within 30\ndays of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with\nthese Terms. If you opt out of these arbitration provisions, Strava also will not be bound by them. In addition,\nif you elect to opt out of these arbitration provisions, Strava may terminate your use of the Services.\nTime Limitation on Claims\nYou agree that any claim you may have arising out of or related to your relationship with Strava and these\nTerms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This\nprovision does not apply if you are based in the European Union in which case time limitations shall be\ndetermined in accordance with governing law for EU users mentioned below.\nChoice of Law and Forum\nAny action related to the Terms, Content, the Services, and your relationship with the Strava shall be\ngoverned by, and construed and interpreted in accordance with, the laws of the State of California without\nregard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE\nUNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF\nGOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties\nirrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing\nSan Francisco, California and you consent to the exclusive jurisdiction of the federal or state courts\nembracing San Francisco, California. If any party hereto brings any suit or action against another for relief,\ndeclaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the\nother party, in addition to all court costs and disbursements, such sum as the court may adjudge to be\n\nreasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim\nor cause of action arising out of or related to use of the Services or the Terms must be filed within one (1)\nyear after such claim or cause of action arose or be forever barred. This paragraph does not apply to users\nwho reside in the European Union.\nIf you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts\nshall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws\nin your European Union Member State may allow you to take legal action against Strava in your Member\nState and to invoke certain local laws against Strava.\nUnited States Operation\nThis Services are controlled by Strava from its offices within the United States of America. Strava makes no\nrepresentation that the Content or the Services are appropriate or available for use in other locations. Access\nto or use of the Content or the Services from territories where such access or use is illegal is prohibited.\nThose who choose to access the Services from locations outside of the United States do so on their own\ninitiative and are responsible for compliance with applicable local laws. You may not use or export the\nContent in violation of U.S. export laws and regulations.\nTermination\nYou agree that Strava may, under certain serious circumstances and without prior notice, immediately\nsuspend or terminate your account and/or access to the Services. Cause for such suspension or termination\nshall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements,\npolicies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you\n(self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion\nthereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g)\nnonpayment of any fees owed by you in connection with the Services. Termination of your account may\ninclude (x) removal of access to all offerings within the Services, (y) deletion of your information, files and\nContent associated with your account, and (z) barring of further use of the Services. Further, you agree that\nall suspensions or terminations for cause shall be made in Strava’s sole discretion and that Strava shall not be\nliable to you or any third party for any suspension or termination of your account or access to the Services.\nThe following Sections shall survive termination of your account and/or the Terms: Content and Conduct,\nClubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law\nand Forum, and General.\nGeneral\nYou agree that no joint venture, partnership, joint controllership, employment or agency relationship exists\nbetween you and Strava as a result of the Terms or your use of the Services. The Terms constitute the entire\nagreement between you and Strava with respect to your use of the Services. The failure of Strava to exercise\nor enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any\nprovision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless\nagree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and\nthe other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise\ntransfer your account or your obligations under these Terms without the prior written consent of Strava.\nStrava has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms\nand will have the right to delegate or use third party contractors to fulfill its duties and obligations under\nthese Terms and in connection with the Services. Strava’s notice to you via email, regular mail or notices,\nposts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of\nthe Terms and of any notice given in electronic form shall be admissible in judicial or administrative\nproceedings based upon or relating to the Terms to the same extent and subject to the same conditions as\nother business documents and records originally generated and maintained in printed form. Section titles and\nheadings in the Terms are for convenience only and have no legal or contractual effect. Any rights not\nexpressly granted herein are reserved.\n\nModification of the Terms and Services\nCertain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or\nterms located on particular pages on the Services. Strava reserves the right to update the Terms at any time\nand for any reason in its sole discretion. Strava will notify you of any material changes to the Terms or to any\nservice or other features of the Services. By continuing to access or use the Services after we have provided\nyou with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified\nTerms are not acceptable to you, your only recourse is to cease using the Services.\nStrava and its third party service providers may make improvements and/or changes in the Services,\nproducts, services, mobile applications, features, programs, and prices described at any time and for any\nreason in its sole discretion. The mobile application may download and install upgrades, updates and\nadditional features in order to improve, enhance, and further develop the Services. Strava reserves the right at\nany time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or\nwithout notice. You agree that Strava shall not be liable to you or to any third party for any modification,\nsuspension or discontinuance of the Services.\nSupport and Questions\nWe will respond to any questions regarding the Services and these Terms via https://support.strava.com.\n© 2022 Strava\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"BlaBlaCar","url":"https://blog.blablacar.in/about-us/terms-and-conditions","lang":"ENG","sector":"Transport","hq":"France","hq_category":"EU","is_public":"Private","is_paid":"Free","date":""},"document":{"title":"","text":"Terms and Conditions\nTerms and Conditions | Privacy Policy | Cookies Policy\n1. GENERAL CONDITION OF USE\n1.1 Scope and Definitions\nThese General Conditions of Use apply to all services provided by BlaBlaCar (defined herein below).\nBlaBlaCar owns and operates the Site (defined herein below) in India.\nDefined Terms\n“BlaBlaCar” means Comuto SA, a company with capital of €127,312,41, registered in France under\ncompany number RCS Paris 491904546, and hereafter referred to as Comuto. The registered office of\nComuto is at 84 avenue de la République, 75011 Paris, France.\n“Car Sharing” means the sharing of a Vehicle for a Trip by a Car Owner carrying a Co-Traveller for\nthat Trip in exchange for a Cost Contribution;\n“Conditions” mean these General Conditions of Use, including the Good Conduct Charter and\nPrivacy Policy of BlaBlaCar as notified on the Site.\n“Cost Contribution” means the amount agreed between the Car Owner and the Co-Traveler in\nrelation to the Trip which is payable by the Co-Traveler as their contribution towards the costs of the\nTrip.\n“Co-Traveller” or “Passenger” means a Member who has accepted an offer to be transported by a\nCar Owner and includes all other persons who accompany such Member in the Vehicle for the Trip.\n“Car Owner” or “Driver” means a Member who through the Site offers to share a car journey with a\nCo-Traveller in exchange for the Cost Contribution.\n“Member” refers to a registered user of the Site.\n“Service” refers to any service provided by BlaBlaCar through the Site to any Member.\n\n\n“Site” means www.blablacar.co.in, www.blablacar.co.uk, www.blablacar.es, www.blablacar.it,\nwww.blablacar.fr, www.blablacar.nl, www.blablacar.pt,www.blablacar.pl and any other website\nmaintained or operated by BlaBlaCar which offers similar services including any microsites or sub-\nsites offered through any such website (e.g. “Agenda” and “Campus”).\n“Trip” means a given journey in relation to which a Car Owner and a Co-Traveler have agreed upon\na transaction through the Site.\n“User Account” means an account with the Site opened by a Member and used in order to access\nthe Service provided by BlaBlaCar through the Site.\n“Vehicle” means the vehicle offered by a Car Owner for Car Sharing.\n1.2 Acceptance of Conditions\nThe Conditions apply to any and all use of the Site by a Member. By using the Site, the Members\nsignify their acceptance to these Conditions in full and agree to be bound by them .\nNo access to the Services will be permitted unless the Conditions are accepted in full. No Member is\nentitled to accept part only of the Conditions. If a Member does not agree to the Conditions, such\nMember may not use the Services.\nAll Members agree to comply with the Conditions and accept that their personal data may be\nprocessed in accordance with the Privacy Policy.\nIn the event that any Member fails to comply with any of the Conditions, BlaBlaCar reserves the\nright, but not the obligation at its own discretion, to withdraw the User Account in question and\nsuspend or withdraw all Services to that Member without notice.\nThese Conditions are intended to create binding rights and obligations between Members and\nBlaBlaCar in accordance with the Indian Contract Act, 1872.\n1.3 Variation of the Conditions, Site and Service\nBlaBlaCar reserves the right to modify the Conditions at any time. In addition, BlaBlaCar may vary\nor amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of\nthe Site at any time without notice and without liability to Members.\nAny modification to the Site, Services or Conditions will take effect as soon as such changes are\npublished on the Site, subject to communication of any material change to the Conditions to the\nMembers in an e-mail.\nOffer a ride\n\n\nMembers will be deemed to have accepted any varied Conditions in the event that they use any\nServices offered through the Site following publication of the varied Conditions. Changes will not\napply to any bookings which have been made prior to publication of the varied Conditions.\n2. USE OF THE SERVICE\n2.1 User Account and Accuracy of Information\nIn order to use the Services each Member must create a User Account and agrees to provide any\npersonal information requested by BlaBlaCar. In particular, Members will be required to provide their\nfirst name, last name, age, title, valid telephone number and email address. Use of the Site is limited\nto those over the age of 18 years at the time of registration.\nMembers agree and accept that all of the information they provide to BlaBlaCar when setting up\ntheir User Account and at any other time shall be true, correct, complete and accurate in all respects.\nMembers also agree that any information supplied to BlaBlaCar or posted on the Site in connection\nwith any Trip, Vehicle or Car Sharing will be true, accurate and complete.\nMembers agree and understand that BlaBlaCar does not undertake any verification to confirm the\naccuracy of any information provided by the Members on the Site or to a Car Owner or Co-Traveler,\nas the case maybe. BlaBlaCar will not be liable to any Member in the event that any information\nprovided by another Member is false, incomplete, inaccurate, misleading or fraudulent.\nUnless expressly agreed by BlaBlaCar, Members are limited to one User Account per Member. No\nUser Account may be created on behalf of or in order to impersonate another person.\n2.2 No Commercial Activity and Status of BlaBlaCar\nThe Site and the Services are strictly limited to providing a Service for Car Owners and Co-Travelers\nto car share in a private capacity. The Services may not be used to offer or accept car sharing for\nhire or reward or for profit or in any commercial or professional context. The Services may be used\nonly to offer or accept car sharing in exchange for sharing the cost of the Trip between the Car\nOwner and the Co-Traveler.\nCar Owners agree not to obtain any hire or reward or make profit in any form, from any Trip. The\nService and the Cost Contribution may only be used to discharge the Car Owner’s costs and may\nnot be used to generate any hiring charges or reward or profit in any form for the Car Owner. The\nCar Owner is not entitled to make profit by virtue of the amount of the Cost Contribution, the types\nof Trips offered by a Car Owner, the frequency of such Trips or the number of Co-Travelers\nOffer a ride\n\n\ntransported. This applies to all activities, arrangements and Services booked using the Site and any\nadditional services or activities which may be agreed between Car Owner and Co-Traveler through\nthe Site.\nThe Car Owner must not provide any additional services to the Co-Traveler in exchange for hiring\ncharges or any reward or for profit or otherwise (and the Co-Traveler may not accept or ask for any\nsuch services) including (without limitation) package delivery, waiting time, additional drop offs and\npick-ups and collecting additional passengers (other than the Co-Traveler).\nAll Trips, collection points and destinations must be pre-agreed through the Site between the Car\nOwner and Co-Traveler. Car Owners may not collect any Co-Travelers from any location which has\nnot been pre-agreed with the Co-Traveler through the Site.\nMembers are reminded that using the Services and offering Trips for hire or reward or in a\ncommercial or professional capacity may invalidate a Car Owner’s insurance and invite adverse legal\nactions by the road transport authorities. BlaBlaCar shall not be in for any loss or damage incurred\nby a Member as a result of any or breach by a Member of these Conditions including where any\nCar Owner (in breach of these terms) offers Services through the Site in a professional or commercial\ncapacity (thereby potentially invalidating their insurance) and breach of any agreement between the\nCar Owner and the Co-Traveler. Any offering of Trips in violation of the Conditions shall be at the\nsole risk such Member and BlaBlaCar shall have no liability towards Members for such violations.\nStatus of BlaBlaCar\nNeither BlaBlaCar nor the Site provides any transport services. The Site is a communications platform\nfor Members to transact with one another. BlaBlaCar does not interfere with Trips, destinations or\ntimings. The agreement for car sharing is between the Car Owner and the Co-Traveler. BlaBlaCar is\nnot a party to any agreement or transaction between Members, nor is BlaBlaCar liable in respect of\nany matter arising which relates to a booking between Members. BlaBlaCar is not and will not act\nas an agent for any Member.\nAny breach of these Conditions will give rise to immediate suspension of such Member’s User\nAccount and they may be restricted from accessing any further Services.\n2.3 Types of Booking and Payment\nBlaBlaCar offers to its Members an online booking service (hereinafter, the “Booking Service”) with a\nview to facilitate the booking of seats by Passengers.\nOffer a ride\n\n\nBlaBlaCar reserves the right not to offer the Booking Service to a Trip o due to: (i) changes to\napplicable law, changes in the practice of regulatory authorities or changes in case law, (ii) changes\nto market practices or technology changes, (iii) changes of business considerations underlying the\nBooking Services, and (iv) other important and valid reasons\nBlaBlaCar reserves the right to limit the number and/or class of Members eligible to the Booking\nService for any Trip.\n2. How to book a Car-Sharing for a Trip: The Car Owner provides details of his or her Trip on the\nSite, specifying date and time for departure and destination points, the amount of the Cost\nContribution per seat and all other relevant travel conditions.\nThe Passenger books one or more seats in the car for that Trip from the Site exclusively by clicking\non the button « Book » (hereinafter, the “Booking”).\nBlaBlaCar will then send an email confirmation to each of the Driver and the Passenger confirming\nthe Booking (hereinafter, the “Booking Confirmation”). Once a Booking Confirmation has been sent,\nthe Booking is complete and a separate binding agreement for Car-Sharing relating to theTrip shall\nbe formed between the Car-Owner and Passenger.\nMembers accept that given the nature of the service Car Owners and Co-Travelers will have no\nrecourse to BlaBlaCar for any aspect of the transaction including in relation to cancellation, last\nminute changes, failure by the Car Owner or the Co-Traveler to turn up or non-payment of the Cost\nContribution. In particular it is the Car Owner’s responsibility to collect payment from the Co-Traveler\nat the time of the Trip.\nBlaBlaCar will not contact either party and will take no other steps whatsoever than those described\nabove to manage the booking. The operation of the Trip is solely managed by the respective Car\nOwner and Co-Traveler(s).\nPlease note that BlaBlaCar reserves the right to change any aspect of the Site or the Service which\nmay include adding new services (which may require payment) or withdrawing any existing Services.\nBlaBlaCar does not guarantee that the Site will be functional at all times and Services may be\nsuspended during such period when the Site is not in operation. BlaBlaCar will not be liable to any\nof the Members in case where the Site is non-operational.\n2.4 Car Owner and Co-Traveler Obligations\nCar Owner’s obligations\nThe Car Owner agrees:\nOffer a ride\n\n\nThat the Trip shall not be for any fraudulent, unlawful or criminal activity.\nThat they will procure for the Vehicle, a comprehensive insurance policy, which provides insurance\ncover to the occupants in the Vehicle and covers third party liability.\nThat they will present themselves on time and at the place agreed with the specified Vehicle;\nThat they will immediately inform all Co-Travelers of any change whatsoever to the Trip. If one or\nmore Co-Travelers have made a booking and the Car Owner decides to change any aspect of the\nTrip, the Car Owner undertakes to contact all Co-Travelers who have made a booking in relation to\nthat Trip and to obtain the agreement of all Co-Travelers to the change. If a Co-Traveler refuses the\nchange, they are entitled to a full refund and without any compensation being paid to the Car\nOwner.\nThe Car Owner must comply with the Good Conduct Charter at all times.\nThe Car Owner must wait for the Co-Traveler at the pickup point for at least 30 minutes after the\nagreed time (however, the Co-Traveler is expected to be punctual).\nCo-Traveler obligations\nThe Co-Traveler agrees:\nThat the Trip shall not be for any fraudulent, unlawful or criminal activity.\nThat they will present themselves on time and at the place agreed with the Car Owner;\nThat they will immediately inform the Car Owner or BlaBlaCar if they are required to cancel a Trip.\nThat they will comply with the Good Conduct Charter at all times.\nThe Co-Traveler agrees to wait at the pickup point for at least 30 minutes after the agreed time for\nthe Car Owner to arrive.\nThat they will pay the Cost Contribution to the Car Owner.\nIf the Co-Traveler or Car Owner fail to comply with any of these terms or any other Conditions\nBlaBlaCar reserves the right to keep information relating to the breach, to publish or disclose this\ninformation on the Member’s online profile and to suspend or withdraw the Member’s access to the\nSite.\nThat they shall ensure that all other persons who accompany the Co-Traveller in the Trip comply with\nthese Conditions as applicable to a Co-Traveller.\nOffer a ride\n\n\n2.5 Insurance\nThe Car Owner agrees and undertakes to take out and maintain a comprehensive insurance to\ncover third party liability, the occupants of the Vehicle and the Trip offered or booked through the\nSite. The Car Owner agrees that they will, on request, provide the Co-Traveler with evidence, in\nadvance of the Trip, of the complete validity of its insurance policy. The Car Owner also undertakes\nto hold a valid driving licence and that the Car Owner will own or will be entitled to use the Vehicle\nand that the Vehicle will have a valid PUC (Pollution Under Control) certificate and the Co-Traveler is\nentitled to request evidence of the Car Owner’s insurance, registration certificate (‘log book’), driving\nlicence and PUC certificate at any time up to completion of the Trip.\nIt is BlaBlaCar’s understanding that governmental authorities take the view that a Co-Traveler who\ncontributes only towards travel expenses is treated as travelling without hire or reward to the driver,\nand is therefore a third party passenger who is covered by comprehensive third party insurance\npolicy in India. However BlaBlaCar gives no warranty or assurance in this regard and it is the Car\nOwner’s responsibility to verify that their insurance provides adequate cover.\nIt is up to each Car Owner and Co-Traveler to confirm with each other that the Car Owner is\ncovered by valid insurance. The Car Owner must confirm that their insurance policy allows them to\ncarry Co-Travelers and that their insurance policy covers all Co-Travelers and any accident or\nincident which may occur during a Trip.\nThe Car Owner and the Co-Traveler are aware that standard non-commercial insurance policies\nmay refuse to cover loss or damage arising in the event that the Car Owner had made or was\nseeking to make a profit.\nThe Car Owner may collect no payment from the Co-Traveler other than the Cost Contribution and\nthe Car Owner must not in any event provide Vehicle on hire or for reward in any form.\nThe Car Owner therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs,\ndepreciation and insurance of their vehicle) and guarantees that the total Cost Contributions\nrequested from their Co-Travelers does not result in the Vehicle running for hire or for reward.\nIf the Car Owner does receive any hiring charges or reward, or if the insurers repudiate or refuse to\naccept any claim arising during a Trip for any other reason, the Car Owner will be responsible for\nthe financial consequences, losses and damages arising and BlaBlaCar will not be liable under any\ncircumstances to the Car Owner or the Co-Traveler.\nBlaBlaCar reserves the right, but not the obligation at its own discretion, to suspend immediately the\naccount of a user including the money displayed and to make aware to competent authorities any\nOffer a ride\n\n\nprofessional activity.\n2.6 Management of Disputes Between Members\nBlaBlaCar may at its sole discretion provide its Members with an online service for resolving disputes.\nThis service is non-binding. BlaBlaCar is under no obligation to seek to resolve disputes and this\nservice is offered at BlaBlaCar’s sole discretion and may be withdrawn at any time.\n2.7 Verification of IDs and Phone number\nBy accepting the terms and conditions contained herein, every Member or any person who wishes to\nregister as a Member hereby agrees and consents to the fact that BlaBlaCar may collect IDs /\ndocuments belonging to them including but not limited to passport, PAN card and Aadhaar card for\nthe purpose of verification of the information contained in such IDs / documents by third party\nservice providers.\nIn order to increase trustworthiness, prevent typos and wrong numbers, Member may verify their\nmobile number. The Member may do this by providing BlaBlaCar with their mobile phone number,\nafter which the Member will receive a SMS with a 4-digit code which can be validated on the Site.\nThis service is free of charge, except for the possible cost levied by a Member’s mobile phone\noperator for receiving the SMS.\n2.8 International Trips and International Bookings\nBookings may be made through the Site for international Trips. An International Trip means any Trip\nwhich includes any travel outside of India. If a booking is made for an International Trip Car Owners\nmust ensure that their insurance covers travel outside of India. The Car Owner must also ensure that\ntheir vehicle is compliant with all relevant rules and restrictions applicable in any overseas country.\n2.9 Messages between Members\nBlaBlaCar may review, scan, and moderate the messages the Members exchange with each others\nthrough the Site in particular for fraud prevention, customer support purposes, enforcement of the\ncontracts entered into with BlaBlaCar’s members (such as the Conditions) and ensure compliance\nwith applicable law. For example, in order to prevent the circumventing of its Booking Service,\nBlaBlaCar may scan and analyse messages sent through the platform to check that they do not\ninclude any contact details or references to other website.\nBy using the Site and accepting the T&C’s, the Member agrees that BlaBlaCar, in its sole discretion,\nmay review, analyse and moderate the messages exchanged through the Site.\nOffer a ride\n\n\nBy using the messaging feature of the Site, the Member undertakes not to write and/or send any\nmessage prohibited by applicable law. In particular the Member undertakes to refrain from\nwritting/sending any message which content:\nIn addition, the Member undertakes to send messages only with respect to the booking of Car-\nsharing and in line with the purposes of this Site. The Member undertakes to refrain from using the\nmessages for private or confidential communications.\nBlaBlaCar reserves the right to filter or delete the messages and suspend or terminate the User\nAccount of the Member and the access of the Member to the Site if it appears during the\nmoderation of the messages sent by the Member that s/he does not comply with the Conditions\nand/or applicable law.\n2.10 Contacting Members\n By accepting the terms and conditions contained herein, every Member hereby agrees and gives\nconsent to BlaBlaCar to communicate via phone calls, sms, email and such other means as\nBlaBlaCar may deem fit. Such communications to Members may be recorded through technical\nsupport provided by third parties for the purpose of training, quality and for regularly updating the\nMembers about the services of BlaBlaCar.\n3. DISCLAIMER OF LIABILITY\nbelongs to another person and to which the Member does not have any right to;\nis grossly harmful, harassing, blasphemous defamatory, obscene, pornographic ;\nharms minors in any way;\ninfringes any patent, trademark, copyright or other proprietary rights;\nviolates any law for the time being in force;\ndeceives or misleads the addressee about the origin of such messages or communicates any\ninformation which is grossly offensive or menacing in nature;\nimpersonates another person;\ncontains software viruses that limit the functionality of any computer resource; and\nthreatens the unity, integrity, defense, security or sovereignty of India, friendly relations with\nforeign states, or public order or causes incitement to the commission of any cognizable offence\nor prevents investigation of any offence or is insulting any other nation.\nOffer a ride\n\n\n3.1 Members may access the Services on the Site at their own risk and using their best and prudent\njudgment before entering into any arrangements with other Members through the Site. BlaBlaCar will\nneither be liable nor responsible for any actions or inactions of Members nor any breach of\nconditions, representations or warranties by the Members. BlaBlaCar hereby expressly disclaims and\nany and all responsibility and liability in arising out of the use of the Site.\n3.2 BlaBlaCar expressly disclaims any warranties or representations (express or implied) in respect of\nTrips, accuracy, reliability and completeness of information provided by Members, or the content\n(including details of the Trip and Cost Contribution) on the Site. While BlaBlaCar will take\nprecautions to avoid inaccuracies in content of the Site, all content and information, are provided on\nan as is where is basis, without warranty of any kind. BlaBlaCar does not implicitly or explicitly\nsupport or endorse any of the Members availing Services from the Site.\n3.3 BlaBlaCar is not a party to any agreement between a Car Owner and Co-Traveler and will not\nbe liable to either the Car Owner or the Co-Traveler unless the loss or damage incurred arises due\nto BlaBlaCar’s negligence.\n3.4 BlaBlaCar shall not be liable for any loss or damage arising as a result of:\nA false, misleading, inaccurate or incomplete information being provided by a Member;\nThe cancellation of a Trip by a Car Owner or Co-Traveler;\nAny failure to make payment of a Cost Contribution (for the free service without booking);\nAny fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a\nCar Owner or Co-Traveler before, during or after a Trip.\nBlaBlaCar will not be liable to any Member for any business, financial or economic loss or for any\nconsequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated\nsavings or lost opportunity arising as a result of the services provided by BlaBlaCar (whether\nsuffered or incurred as a result of the BlaBlaCar’s negligence or otherwise) except in the case of\nfraud, wilful concealment or theft.\nBlaBlaCar’s liability to any Member for all losses in respect of any Trip is capped at the sum of INR\n1,000/- (Indian Rupees One Thousand only).\nBlaBlaCar will not be liable to any Member in relation to any Trip unless BlaBlaCar is notified of a\nclaim relating to that Trip within 3 months of completion of the Trip\nGiven that Car Owners are required to hold valid insurance to cover a Trip and given that\nBlaBlaCar’s service is limited to putting Car Owners and Co-Travelers in touch with each other and\nOffer a ride\n\n\ncannot oversee any Trip, Members accept that the limitations on the BlaBlaCar’s liability set out\nabove are reasonable.\n4. INDEMNITY AND RELEASE\n4.1 Members will indemnify and hold harmless BlaBlaCar, its subsidiaries, affiliates and their\nrespective officers, directors, agents and employees, from any claim or demand, or actions including\nreasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your\nbreach of these Conditions or any document incorporated by reference, or your violation of any law,\nrules, regulations or the rights of a third party.\n4.2 Members release BlaBlaCar and/or its affiliates and/or any of its officers and representatives\nfrom any cost, damage, liability or other consequence of any of the actions/inactions of the\nMembers and specifically waiver any claims or demands that they may have in this behalf under\nany statute, contract or otherwise.\n5. GENERAL TERMS\n5.1 Relationship\nNo arrangement between the Members and BlaBlaCar shall constitute or be deemed to constitute\nan agency, partnership, joint venture or the like between the Members and BlaBlaCar.\n5.2 Suspension or Withdrawal of Site Access\nIn the event of non-compliance on your part with all or some of the Conditions, you acknowledge\nand accept that BlaBlaCar can at any time, without prior notification, interrupt or suspend,\ntemporarily or permanently, all or part of the service or your access to the Site (including in particular\nyour User Account).\n5.3 Intellectual Property\nThe format and content included on the Site, such as text, graphics, logos, button icons, images,\naudio clips, digital downloads, data compilations, and software, is the property of BlaBlaCar, its\naffiliates or its content suppliers and is protected by India and international copyright, authors’ rights\nand database right laws.\nAll rights are reserved in relation to any registered and unregistered trademarks (whether owned or\nlicensed to BlaBlaCar) which appear on the Site.\nOffer a ride\n\n\nThe Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or\notherwise exploited for any commercial purpose without the express written consent of BlaBlaCar.\nNo person is entitled to systematically extract and/or re-utilise parts of the contents of the Site\nwithout the express written consent of BlaBlaCar. In particular, the use of data mining, robots, or\nsimilar data gathering and extraction tools to extract (whether once or many times) for re-utilisation\nof any substantial parts of this Site is strictly prohibited.\n5.4 Content of the Site Provided by the Members\nBy displaying content on this Site, Members expressly grant a license to BlaBlaCar to display the\ncontent and to use it for any of our other business purposes.\nMembers of this Site are expressly asked not to publish any defamatory, misleading or offensive\ncontent or any content which infringes any other persons intellectual property rights (e.g. copyright).\nAny such content which is contrary to BlaBlaCar’s policy and BlaBlaCar does not accept liability in\nrespect of such content, and the Member responsible will be personally liable for any damages or\nother liability arising and agrees to indemnify BlaBlaCar in relation to any liability it may suffer as a\nresult of any such content. However as soon as BlaBlaCar becomes aware of infringing content,\nBlaBlaCar shall do everything it can to remove such content from the Site as soon as possible.\n5.5 Partner Sites\nBlaBlaCar reserves the right to reproduce any information that appears on the Site or on the partner\nsites.\nIn particular, ads published on one of the sites maintained or co-maintained by BlaBlaCar may be\nreproduced on other sites maintained or co-maintained by BlaBlaCar or third parties.\n6. LAW AND JURISDICTION\nThese terms shall be governed by the law of India and any disputes arising in relation to these terms\nshall be subject to the jurisdiction of the Courts of New Delhi.\n\n\n\nOffer a ride\n\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Bolt","url":"https://bolt.eu/en/legal/terms-for-riders/","lang":"ENG","sector":"Transport","hq":"Estonia","hq_category":"EU","is_public":"Private","is_paid":"Free","date":"19.06.2020"},"document":{"title":"","text":"This website uses cookies\nWe use cookies to ensure that we offer you the best experience while browsing our website.\nCheck our Cookie Declaration for more information.\nCUSTOMISE\nACCEPT\nLegal\nTerms and Conditions for Passengers\nThese General Terms and Conditions set out the terms and conditions applying to and\ngoverning the usage of the Bolt app - technology which connects passengers with drivers\nto help them move around cities more efficiently.\nThe term “us” or “we” refers to Bolt Operations OÜ a private limited company\nincorporated and registered under the laws of Republic of Estonia with registration code\n14532901, registered office Vana-Lõuna tn 15, Tallinn 10134, Republic of Estonia, or other\nBolt group company or cooperation partner where Bolt Services are not provided by Bolt\nOperations OÜ. The list of Bolt group companies and partners is available at\nhttps://bolt.eu/cities/\nIn order to use Bolt app you must agree to the terms and conditions that are set out\nbelow:\n1. Using the Bolt app\n1.1 Bolt provides an information society service through Bolt app that enables mediation\nof the requests for transport services between the passengers and drivers and Bolt does\nnot provide transport services. Transport services are provided by drivers under a\ncontract (with you) for the carriage of passengers. Drivers provide transport services on\nan independent basis (either in person or via a company) as economic and professional\nservice providers. Bolt is not responsible in any way for the fulfilment of the contract\nentered into between the passenger (you) and the driver. Disputes arising from consumer\nrights, legal obligations or from law applicable to the provision of transport services will\n\nbe resolved between the passengers and drivers. Data regarding the drivers and their\ntransport service is available in the Bolt app and receipts for journeys are sent to the\nemail address listed in passenger’s profile.\n1.2 . The passenger (you) enters into a contract with the driver for the provision of\ntransport services via the Bolt app. Depending on the payment options supported for\ngiven location of the journey, you can choose whether to pay the driver for the transport\nservice in cash or use Bolt in-App Payment. Payments for Bolt Business rides are handled\nby a separate agreement for Business journeys. Charges will be inclusive of applicable\ntaxes where required by law. Charges may include other applicable fees, tolls, and/or\nsurcharges including a booking fee, municipal tolls, airport surcharges or processing fees\nfor split payments. If you wish, you may also choose to pay a Tip to the driver directly or\nvia the use of Bolt in-App Payment. We may limit the maximum value of a Tip at our sole\ndiscretion.\n1.3 During the installation of Bolt app, passenger’s mobile number is linked to the\nrespective Bolt user account and added to our database. If you are no longer using your\nmobile number, you must notify Bolt within 7 days so we can anonymize your account\ndata. If you do not notify us about any change to your number, your mobile operator may\nissue the same mobile number to a new person who when using the Bolt app then may\nhave access to your data.\n2. Promotional Codes\n2.1 Bolt may send you promotional codes on a per promotion basis. Promotional code\ncredit can be applied towards payment on completion of a ride or other features or\nbenefits related to the service and/or a Third Party’s service and are subject any\nadditional terms that are established on a per promotional code basis. Expiration dates\nof promo codes will be reflected in-app once you have applied the promo code to your\naccount.\n2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance\nwill be automatically deducted from your accounts payment method. Similarly, a\npromotional code credit only applies on a per ride basis and cannot carry over to a next\nride/ trip and therefore will be forfeited. Only one promotional code may be applied per\ntrip.\n2.3 Bolt reserves the right to cancel any promotional code at any time for any reason.\nThis includes, but is not limited to, if Bolt deems that codes are being used in an unlawful\nor fraudulent manner, those issued mistakenly, and those which have expired.\n3. Bolt in-App Payment\n3.1 Depending on the payment options supported for the given location of the journey,\nYou can pay for the transport services with a card, mobile carrier billing or other payment\nmethods (e.g: Bolt Business) as and when available through Bolt App. By providing Bolt in-\n\nApp Payment service, Bolt acts as commercial agent for the providers of the transport\nservices. Every driver has authorised Bolt as their commercial agent for the mediation of\nconclusion of contracts between the driver and the passenger, including the power to\naccept payments from the passengers and to forward the payments to the driver. Your\nobligation to the provider of the transport service will be fulfilled when the payment order\nis given to transfer funds to Bolts’ bank account. You, as a passenger are responsible for\nensuring that the payment takes place and ensuring that sufficient funds are available.\n3.2 You may choose to pay a Tip to the driver using the Bolt In-app Payment service. The\nTp can be paid via the In-app Payment by means authorised by Bolt for that purpose.\nBolt will not hold a commission for the brokerage of the Tip and the Tip will be transferred\nto the driver in full amount, excluding any taxes, if applicable. Bolt reserves the right to\nwithhold the Tip, if the payment of the Tip is suspected as being fraudulent, illegal, for a\npurpose other than as a gratuity related to the service provided or used in conflict with\nBolt’s Terms and Conditions\n3.3 When making payments by Bolt in-App Payment, Bolt receives your payments and\nforwards money to the driver. Bolt may ask additional data from you to verify payment\nmethod.\n3.4 When making payments by Bolt in-App Payment for transport services, Bolt is not\nresponsible for possible third-party payment costs (e.g mobile operators, bank fees).\nThese service providers may charge you additional fees when processing payments in\nconnection with the Bolt in-App Payment. Bolt is not responsible for any such fees and\ndisclaims all liability in this regard. Your payment method may also be subject to\nadditional terms and conditions imposed by the applicable third-party payment service\nprovider; please review these terms and conditions before using your payment method.\n3.5 Bolt will be responsible for the functioning of Bolt in-App Payment and provide\nsupport in resolving problems. The resolution of disputes related to Bolt in-App Payment\nalso takes place through us. For payment support service please contact: [email protected].\nInquiries submitted by e-mail or Bolt App will receive a response within one business day.\nBolt will resolve Bolt in-App Payment related complaints and applications within two\nbusiness days.\n3.6. Upfront Fare. You may be offered to use a ride option that allows you to agree to a\nfixed Fare for a given instance of Transportation service provided by the Driver (i.e\nUpfront Fare). Upfront Fare is communicated to you via the Bolt App before the ride is\nrequested. Upfront Fare shall not be applied if you change the destination during the\nride, the ride takes materially longer than estimated due to traffic or other factors, or\nwhen other unexpected circumstances impact the characteristics of the ride materially\n(e.g a route is used where tolls apply).\n4. Ordering and cancelling transport\nservices\n\n4.1 If you order a transport service and the driver has agreed to undertake the work then\nthe transport service is considered to be ordered.\n4.2 Once a driver confirms that he/she will complete your journey, you will enter into a\nseparate agreement with the driver for the provision of the journey on such terms and\nconditions as you agree with the driver. Bolt does not provide journeys and is not a party\nto your agreement with the relevant driver.\n4.3 Cancelling the use of an ordered transport service is considered to be the situation\nwhere the driver has replied to your request and you subsequently reject, cancel or refuse\nthe transport service. When a transport service request is cancelled after certain time\nperiod you are required to pay a cancellation fee.\n4.4 If you cancel a transport service request on multiple successive instances within 24-\nhour we may temporarily block your account for warning. After multiple such warnings,\nwe may suspend your account for longer period (e.g 6 months). After that period you\ncould ask to reactivate your account and your application will be reviewed by Bolt.\n4.5 When driver notifies the passenger about the arrival of the vehicle to its destination\nand passenger or people for whom the transport was ordered do not arrive at the vehicle\nwithin certain time period as specified in the Bolt app, the request will be deemed\ncancelled. Sometimes driver may decide to cancel your request, please note that Bolt is\nnot responsible for such situations.\n4.6 Once the driver arrives and sends you a notification that he/she has arrived the Bolt\napp may begin charging fare on a waiting time basis according to the rates specified in\nthe Bolt app.\n4.7 If you have requested transport services using the Bolt app and cause damage to the\ndriver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or\ncausing the vehicle to stink), the driver will have the right to require you to pay a penalty\nof 50 EUR and require compensation for any damages exceeding the penalty. If you do\nnot pay the penalty and/or compensate the damage, Bolt may pursue the claims on\nbehalf of the provider of the transport service.\n5. License to use Bolt app\n5.1 As long as you comply with these General Terms and Conditions, we agree to grant\nyou a royalty free, revocable, non-exclusive, right to access and use the Bolt app in\naccordance with these General Terms and Conditions, the Privacy Notice and the\napplicable app-store terms. You may not transfer or sub-license this right to use the Bolt\napp. In the event that your right to use Bolt app is cancelled, the corresponding non-\nexclusive license will also be cancelled.\n6. Liability\n6.1 As the Bolt app is an information society service (a means of communication) between\npassengers and drivers, we cannot guarantee or take any responsibility for the quality or\n\nthe absence of defects in the provision of transport services. As the usage of Bolt app for\nrequesting transport services depends on the behaviour of the drivers, Bolt does not\nguarantee that you will always have offers available for the provision of the transport\nservices.\n6.2 The Bolt app does not offer or broker transport services for passengers. It is also not\nan transport agency service for finding passengers for transport providers. The Bolt app\nis used as the means for organising the provision of transport services.\n6.3 The consumer’s right of refund is not applied to Bolt app orders. Requesting a refund\nfrom the transport service does not withdraw you from the agreement in the course of\nwhich the provision of the transport service was ordered.\n6.4 The Bolt app is provided on an \"as is\" and “as available” basis. Bolt does not\nrepresent, warrant or guarantee that access to Bolt app will be uninterrupted or error\nfree. In case of any faults in the software, we will endeavour to correct them as soon as\npossible, but please keep in mind that the functioning of the app may be restricted due\nto occasional technical errors and we are not able to guarantee that the app will\nfunction at all times, for example a public emergency may result in a service interruption.\n6.5 Bolt, its representatives, directors and employees are not liable for any loss or\ndamage that you may incur as a result of using Bolt app or relying on, the journey\ncontracted for through the Bolt app, including but not limited to:\n6.5.1. any direct or indirect property damage or monetary loss;\n6.5.2. loss of profit;\n6.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may\narise from interruption of the business;\n6.5.4. loss or inaccuracy of data; and\n6.5.5. any other type of loss or damage.\n6.6 The financial liability of Bolt in connection with breach of the contract will be limited\nto 500 euros. You will have the right to claim for damages only if Bolt has deliberately\nviolated the contract. Bolt will not be liable for the actions or inactions of the driver and\nwill not be liable for damages that the driver causes to the passengers.\n6.7 You agree to fully indemnify and hold Bolt, their affiliate companies, representatives,\nemployees and directors harmless from any claims or losses (including liabilities,\ndamages, costs and expenses of any nature) that they suffer as a result of your use of the\nBolt app (including the journeys you obtain through your use of the Bolt app).\n6.8 Bolt may immediately end your use of the Bolt app if you breach these General Terms\nand Conditions or we consider it necessary to protect the integrity of Bolt or the safety of\ndrivers.\n7. Good practice using the Bolt app\n7.1 As Bolt is not a provider or broker of the transport services, any issues with defects or\nquality of the transport services will be resolved in accordance with the rules and\nregulations of the transport service provider or the relevant public authority.\n7.2 We ask to fill out a feedback form in the Bolt app. This enables us to offer suggestions\n\nto the drivers for improving the quality of their service.\n7.3 We expect that you use Bolt app in good faith and be respectful of the drivers who\noffer their services through Bolt app. Bolt retains the right to close your account if you\nhave violated the terms set out in this General Terms and Conditions or if your activities\nare malicious, i.e. withholding payment for the provision of the transport service, fraud,\nbeing disrespectful towards the drivers, etc. In these cases, your Bolt app account may\nbe revoked without prior notice.\n7.4 Bolt will make every effort to ensure that only drivers, who have integrity and are\nrespectful of their profession and passengers, use the Bolt app. However, we are in no\nposition to guarantee that every provider of transport services, located by the Bolt app,\nsatisfies the aforementioned criteria at all times. If you experience objectionable\ntransport service, please notify the company responsible for the service, a supervisory\nauthority or our customer support.\n8. Amendments to the General Terms and\nConditions\n8.1 If any substantial amendments are made to the General Terms and Conditions, then\nyou will be notified by e-mail or Bolt app notifications. If you continue using Bolt app, you\nwill be deemed to accept the amendments.\n9. Final Provisions\nThe General Terms and Conditions will be governed by and construed and enforced in\naccordance with the laws of Republic of Estonia. If the respective dispute resulting from\nGeneral Terms or Agreement could not be settled by the negotiations, then the dispute\nwill be finally solved in Harju County Court in Tallinn, Estonia. If any provision of the\nGeneral Terms is held to be unenforceable, the parties will substitute for the affected\nprovision an enforceable provision that approximates the intent and economic effect of\nthe affected provision.\nDate of entry into force: 19.06.2020.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":0,"explanation":"When the ToS allows for contractual rights’ transfer to another subject with user’s consent but only for the company"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Gett","url":"https://gett.com/legal/terms/","lang":"ENG","sector":"Transport","hq":"UK","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Terms & Conditions\nGett Terms of Use\nGETT CUSTOMER TERMS AND CONDITIONS\nIMPORTANT:\nTHESE TERMS AND CONDITIONS (“Conditions”) DEFINE THE\nBASIS UPON WHICH GETT WILL PROVIDE YOU WITH ACCESS\nTO THE GETT MOBILE APPLICATION PLATFORM, PURSUANT TO\nWHICH YOU WILL BE ABLE TO REQUEST CERTAIN\nTRANSPORTATION SERVICES FROM THIRD PARTY DRIVERS BY\nPLACING ORDERS THROUGH GETT’S MOBILE APPLICATION\nPLATFORM. THESE CONDITIONS (TOGETHER WITH THE\nDOCUMENTS REFERRED TO HEREIN) SET OUT THE TERMS OF\nUSE ON WHICH YOU MAY, AS A CUSTOMER, USE THE APP AND\nREQUEST TRANSPORTATION SERVICES. BY USING THE APP\nAND TICKING THE ACCEPTANCE BOX, YOU INDICATE THAT YOU\nACCEPT THESE TERMS OF USE WHICH APPLY, AMONG OTHER\nTHINGS, TO ALL SERVICES HERE IN UNDER TO BE RENDERED\nTO OR BY YOU VIA THE APP WITHIN THE UK AND THAT YOU\nAGREE TO ABIDE BY THEM. PLEASE READ THESE TERMS OF\nUSE CAREFULLY BEFORE YOU START TO USE THE APP AND/OR\nREQUEST TRANSPORTATION SERVICES. IF YOU DO NOT AGREE\nTO THESE TERMS OF USE, YOU MUST NOT USE THE APP OR\nREQUEST THE TRANSPORTATION SERVICES.\nYOUR ATTENTION IS PARTICULARLY DRAWN TO CONDITION 9\nWHICH LIMITS GETT’S LIABILITY TO YOU.\n1.DEFINITIONS AND INTERPRETATION\ni) In these Conditions (unless the context otherwise requires), the\nfollowing words and phrases shall have the following meanings:\n“App” means the mobile application which provides a platform for\nplacing Orders and is owned by Gett;\n\n“Cancellation Fee” means the fee charged for cancellation of an\nOrder as outlined in Condition 4.7;\n“Cancellation Policy” means Gett’s cancellation and no show policy\navailable on the website or by clicking here.\n“Collection Location” means the location notified by you via the App\nto be picked up by a Driver;\n“Customer” means the individual making a request via Gett’s mobile\napplication platform for Transportation Services. A reference to “you” or\n“your” shall be construed as a reference to the Customer;\n“Customer Account” means the Customer’s account with Gett which\ncontains the Customer’s personal information including their name,\naddress, email address, phone number and payment information;\n“Data Protection Laws” means (until 25 May 2018) the Data\nProtection Act 1998 and (from 25 May 2018) the General Data\nProtection Regulation, together with all legislation made thereunder\nand any other laws relating to the processing of Personal Data, in each\ncase as amended, superseded or replaced from time to time;\n“Driver” means a driver who is an independent contractor and has\nentered into a driver agreement with Gett to provide transportation\nservices to users of the App, including Customers;\n“Fees” means the fare charges payable by the Customer in\nconnection with the Transportation Services and the Technology Fee\nas further outlined in Condition 4;\n“Final Location” means the location notified by the Customer using\nthe App as the final destination for the Transportation Services;\n“Gett” means GT Gettaxi (UK) Limited a company established under\nthe laws of England and Wales with company number 07603404\nwhose registered office is at 1 Plough Place, London, EC4A 1DE and\nreferences to “us” or “we” shall be construed accordingly;\n“Intellectual Property Rights” means any and all patents,\ntrademarks and service marks, registered designs, design rights and\ncopyright, moral rights, rights in data and databases and other\nprotectable lists of information, rights in confidential information, trade\nsecrets, inventions and know how, trade and business names, domain\nnames, get ups, logos and trade dress (including all extensions,\nrevivals and renewals, where relevant) in each case whether\n\nregistered or unregistered and application for any of them and the\ngoodwill attaching to any of them and any rights or forms of protection\nof a similar nature and having equivalent or similar effect to any of\nthem which may subsist anywhere in the world;\n“Order” means a request for Transportation Services by the Customer\nvia the App;\n“Privacy Policy” means Gett’s privacy policy available on the Gett\nwebsite or by clicking here;\n“Personal Data” has the meaning set out in the Data Protection Laws;\n“Services” means the platform for ordering Drivers, through the App,\nfor performance of Transportation Services;\n“Standby Fee” means the sum of £0.50 for each minute a Driver is\nwaiting to collect you or such other sum as notified to you from time to\ntime via the App; and\n“Technology Fee” means the charge levied by Gett for the provision\nof the Services, including for the convenience of accessing\nTransportation Services via the App but not for the provision of\nTransportation Services;\n“Transportation Services” means transportation services to be\nprovided to you by a Driver.\n1. ii) In these Conditions (unless the context requires otherwise):\n2. a) the words “including”, “include”, or “in particular” means\nincluding, includes or in particular without limitation and words in\nthe singular include the plural and in the plural shall include the\nsingular;\n3. b) reference to a party shall, upon any assignment or other\ntransfer that is permitted by these Conditions, be construed to\ninclude those successors and permitted assigns or transferees;\n4. c) the contents list, headings, and any descriptive notes are for\nease of reference only and shall not affect the construction or\ninterpretation of these Conditions; and\n5. d) reference to any legislative provision shall be deemed to\ninclude any statutory instrument, by-law, regulation, rule,\nsubordinate or delegated legislation or order and any rules and\nregulations which are made under it, and any subsequent re-\nenactment or amendment of the same.\niii) These Conditions shall apply to the Customer’s access and use of\nthe Services and all Orders placed by the Customer through the App.\n2.SERVICES\n\n2.1 You must be 18 years of age or older to use the App and place\nOrders. Access to the App is permitted for personal use only.\n2.2 The App provides a means to enable Customers who seek\ntransportation to certain destinations to be connected with Drivers. Gett\ndo not provide transportation services, rather we are a technological\nservice provider that uses an electronic platform to provide the\nServices.\n2.3 Access to, and use of, the App is free of charge. You will need to\nset up a Customer Account and provide your payment details in order\nto access the Services. Any notice or other communication permitted\nor required in accordance with these Conditions by Gett will be in\nwriting and sent to the email address that you provided when setting\nup your Customer Account and/or the App.\n2.4 Notwithstanding the provisions of Condition 2.1, Gett does not\nguarantee availability nor uninterrupted or error free use of the App\nand shall not be liable for any damage, loss, claims, costs or expenses\nresulting from or as a consequence of scheduled or unscheduled\ndowntime, unavailability or slowness.\n3.TRANSPORTATION SERVICES\n3.1 In order to connect you to Drivers, you will be required to enter\nyour Collection Location into the App. Where you enter your Final\nLocation, we will provide you with an estimated Fee for the journey,\nbased on the information provided, and provide you with the availability\nof Drivers. If you wish to proceed with your request for Transportation\nServices, you should select the order button and you will be connected\nwith a Driver for Transportation Services and this shall constitute an\nOrder. By selecting the order button, you will enter into a contract for\nTransportation Services with a Driver and be provided with their details\nvia the App. For the avoidance of any doubt, your contract for\nTransportation Services will be with the Driver selected and will not be\nwith Gett. You acknowledge and agree that Gett is not a party to your\ncontract for Transportation Services.\n3.2 You acknowledge that your geo-location information must be\nprovided by your device in order to enable us to provide the Services.\nYou acknowledge and agree that your geo-location information will be\naccessible by the App and when you are logged-in your location will be\ndisplayed to Gett and Drivers.\n\n3.3 Transportation Services may be cancelled by you prior to the Driver\narriving at the Collection Location, subject to the payment of a\nCancellation Fee. If you are not at the Collection Location when the\nDriver arrives, you may be charged the Standby Fee. Drivers may\ncancel their provision of Transportation Services at any time.\n3.4 Following a Driver completing an Order, you will be able to rate\nyour Driver via the App. Where you chose to rate your Driver, you must\nprovide accurate feedback on the Driver in order to allow us to monitor\nthe quality of the Transportation Services they provide to users of the\nApp. Drivers may also be permitted to rate you as a Customer and\nsuch information may be used by Drivers when deciding whether to\naccept or reject your future Orders. Customers must (and where\nappropriate Customer’s must ensure their guests) at all times act in a\npolite and courteous manner towards Drivers and any other\npassengers of the vehicle.\n4.FEES\n4.1 In consideration of the Transportation Services, you will be charged\nthe Fees. The Fees may be calculated on either a fixed fee or a\nmetered basis and an additional Technology Fee may be added.\nWhere the Fees are paid on a fixed fee basis, the amount of the Fee\nwill be notified via the App and you will have the opportunity to place\nthe Order at your sole discretion at such fixed fees. If you chose to pay\non a metered basis, the Fee will be calculated in accordance with the\npublished hackney carriage fees. As a provider of Transportation\nServices, all Drivers are required by Gett to provide the Transportation\nServices in an effective, efficient and safe manner. Once the\nTransportation Services have been completed and payment made, we\nwill send you an electronic receipt. Details of past journeys are\navailable via the App.\n4.2 As part of the booking process, for every Order you place, you\nagree to Gett making a pre-authorisation payment on your payment\ncard provided on your Customer Account (“Pre-Authorisation\nPayment”). The amount of the Pre-Authorised Payment will either be:\n(i) the fixed fee; (ii) where you select a metered fare and provide a\nFinal Location, the estimated Fee; or (iii) in all other cases, the Fee\nestimated by Gett acting reasonably. This amount will not be debited\nfrom your account at the time of placing your Order, but is ring-fenced\nfor payment of the Fee. A request will be made against the card you\nprovided for payment of the Fee following completion of your Order. If,\nafter fulfilment of your Order, full payment is not successfully made by\n\nyou, the Pre-Authorised Payment may be used to settle, or as part\npayment, towards the outstanding Fee. If payment is received in full,\nthe Pre-Authorisation Payment will be released by Gett. Please note\nthat this may take your bank up to 5 working days to process.\n4.3 If you fail to make payment of the Fee either in full or in part Gett\nmay:\n4.3.1 suspend your access to the Services;\n4.3.2 permanently delete your Customer Account and access to the\nServices; or\n4.3.3 continue to attempt to charge your chosen payment card or any\nother payment cards registered on your account for any outstanding\nFee(s) until such Fee(s) have been paid in full.\n4.4 If you select to make payment of the Fee by cash and then fail to\ndo so, you authorise Gett to charge your payment card to recover such\nunpaid Fees.\n4.5 If you select a fixed fee payment and then, during the course of the\nTransportation Services, require the Driver to change his route in any\nmatter whatsoever, including making any unscheduled stops or using\nan alternative route, the fixed fee may be recalculated to take account\nof such changes. Fees will be recalculated based on the meter and\nsuch changes to the fixed fee will be notified to you via the App.\n4.6 If you are not waiting at the Collection Location when the Driver\narrives, you will be charged the Standby Fee. If you do not arrive in 5\nminutes, your Order will be cancelled and you will be charged the\nCancellation Fee and the Standby Fee.\n4.7 If during the provision of the Transportation Service you soil the\nDriver’s vehicle, you will be charged an additional soiling fee in\naccordance with the relevant local published hackney carriage fees.\n4.8 If after placing an Order you decide to cancel your Order, you will\nbe charged a Cancellation Fee or such other Cancellation Fee as Gett\nmay notify from time to time, as per the Cancellation Policy here.\n4.9 If you raise a complaint pursuant to clause 16 of these Terms and\nConditions then subject to Gett’s absolute discretion any refund that it\nmay determine to provide to you will be credited to the payment card\nyou used for the Journey or such other method as is deemed\nreasonable by Gett for cash payments.\n\n5.FEES AND PROMOTIONS\n5.1 From time to time, Gett may run promotional offers or bonuses for\nusing the Services and details of such promotions and bonuses shall\nbe made available via the App, text message or email. Gett will notify\nyou of offers that you are eligible to accept from time to time and any\nadditional promotional terms and conditions. Where a promotion offers\nCustomers or Drivers a bonus for submitting or completing a set\nnumbers of Orders, you must not do anything in fulfilment of this\npromotion which may be deemed fraudulent. All Orders must involve\nthe provision of Transportation Services to bone fide Customers and\nyou must not collude with Drivers and/or create any fake or fictitious\nCustomer profiles and/or submit fictitious journeys in order to qualify\nfor any promotional or bonus payment. Gett reserves the right to report\nany fraudulent activities to relevant law enforcement authorities.\n5.2 Where it is reasonably considered by Gett that you have acted in a\nmanner that is otherwise than in accordance with Condition 5.1 above,\nGett will notify you and, at its sole discretion, may withhold any\npromotional payment or discount and/or suspend or terminate your\naccess to the App. If you receive such a notification and you believe\nthat you have not breached the requirements of Condition 5.1, you can\nappeal this decision by writing to us\nat [email protected] within 48 hours of receipt of such\nnotification and providing full reasons for your dispute.\n6.DATA AND DATA PRIVACY\n6.1 By downloading and/or using the App you consent to Gett\nprocessing your Personal Data. Gett will process your Personal Data\nfor purposes connected with the Services. From time to time, Gett may\nprocess your Personal Data in order to notify you of opportunities\nconnected with the Services either directly or by an affiliate of Gett.\nWhen processing your Personal Data, Gett will take appropriate\ntechnological measures to protect and keep your Personal Data secure\nand shall process your information in accordance with Data Protection\nLaws. Your Personal Data may be processed outside of the EEA.\n6.2 In order to allow us to provide you with the Services and for Drivers\nto provide you with Transportation Services, your Personal Data may\nbe transferred by Gett to Drivers as well as other data such as your\ntelephone number. As an independent contractor, Gett advises all\nDrivers that they must ensure that they keep your Personal Data safe\nand secure at all times and not allow access to any third parties to\nsuch information. Drivers are advised that they are not permitted to\n\nstore your Personal Data on their mobile device or any other mobile\ntelephone (other than on the App) unless you provide them with\nexpress permission.\n6.3 We also process your Personal Data in accordance with Gett’s\nPrivacy Policy, please ensure that you read this document before using\nthe App. By using the App, you acknowledge and confirm that you\nhave understood the use of your Personal Data set out in the Privacy\nPolicy.\n6.4 Gett does not guarantee that the App will be secure or free from\nbugs or viruses. You must not misuse the App by knowingly introducing\nviruses, trojans, worms, logic bombs or other material which is\nmalicious or technologically harmful. You must not attempt to gain\nunauthorised access to the App, the server on which the App is stored\nor any server, device or database connected to the App. You must not\nattack the App via a denial-of-service attack or a distributed denial-of\nservice attack. By breaching this provision, you may commit a criminal\noffence under the Computer Misuse Act 1990. Gett will report any such\nbreach to the relevant law enforcement authorities and Gett will co-\noperate with those authorities by disclosing your identity to them. In the\nevent of such a breach, your right to use the App will cease\nimmediately.\n6.5 The App may include links to other websites, apps or material\nwhich is beyond Gett’s control and which are owned and controlled by\nthird parties. Gett is not responsible for the content on these links, the\ninternet or World Wide Web pages or any other site or app outside the\nApp. Where the App contain links to other sites or apps or materials\nprovided by third parties, these links are provided for your information\nonly. These links are provided as a courtesy to Gett’s users and are not\nadministered or verified in any way by Gett. Such links are accessed\nby you at your own risk and Gett makes no representations or\nwarranties about the content of such websites or apps and cannot be\nheld liable for the content and activities of these websites or any losses\nyou suffer as a result of using such third party websites. Gett may\nprovide links to third party websites or apps that use cookies on users\nto collect data and/or to solicit personal information. As a result, Gett\nstrongly recommends that you read the privacy policies and terms of\nuse of any third party websites or apps prior to using them.\n6.6 Electronic Communications\nWhen you use the App or send us emails or use pop-ups or make\ncalls, you may be communicating with Gett electronically. Gett will\n\ncommunicate with you by email, pop-up, phone, text or by posting\nnotices on the Gett website. You agree that all agreements, notices,\ndisclosures and other communications sent to you electronically satisfy\nany legal requirement that such communications should be in writing.\n7.INTELLECTUAL PROPERTY\nYou acknowledge that all Intellectual Property Rights and all other\nrights in the App are owned by Gett and remain vested in Gett at all\ntimes and you do not acquire any rights in or to the App under these\nConditions.\n8.SUSPENSION OR MODIFICATION\nGett reserves the right, at its sole discretion, to change, alter, suspend\nor indefinitely close the App and/or your access to the Services. From\ntime to time, Gett may also restrict access to some or all parts of the\nServices and/or the App.\n9.GETT’S LIABILITY\n9.1 Nothing in these Conditions excludes or limits Gett’s liability for\ndeath or personal injury arising from Gett’s negligence, or its fraud or\nfraudulent misrepresentation, or any other liability that cannot be\nexcluded or limited by English law.\n9.2 The material displayed on the App is provided without any\nguarantees, conditions or warranties as to its accuracy. You must bear\nthe risks associated with the use of the App, the Services and the\ninternet.\n9.3 To the fullest extent permitted by law, Gett (including its officers,\ndirectors and employees) and third parties (including any agents or\nsub-contractors) connected to it hereby expressly exclude:\n9.3.1 all conditions, warranties and other terms which might otherwise\nbe implied by statute, common law or the law of equity in it provision of\nthe Services and/or use of the App; and\n9.3.2 any liability arising under or in connection with:\n9.3.2.1 use of, or inability to use, the App and/or Services;\n9.3.2.2 use of or reliance on any content displayed on the App;\n9.3.2.3 incompatibility of the App with any of your electronic and/or\nmobile equipment, devices, software or telecommunications links; and\n\n9.3.2.4 unsuitability, unreliability or inaccuracy of the App and/or the\nServices.\n9.4 Gett shall not be liable to the Customer for the actions or omissions\nof any Driver or in connection with the Transportation Services. Your\ncontract for the Transportation Services is with the Driver directly and\ntherefore any claim that you may have in relation to the Transportation\nServices should be directed to the Driver. If you are unclear as to who\nprovided you with the Transportation Services, you can contact us\nat [email protected] and ask us to provide you with the\nDriver details.\n9.5 If we fail to comply with these Conditions, we are responsible for\nloss or damage you suffer that is a foreseeable result of our breaking\nof our contract with you or our failing to use reasonable care and skill,\nbut we are not responsible for any loss or damage that is not\nforeseeable. Loss or damage is foreseeable if either it is obvious that it\nwill happen or, if at the time these Conditions were accepted, both we\nand you knew it might happen. We only provide access to the App\nand/or Services for domestic and private use. You agree not to use the\nApp and/or Services for any commercial, business or re-sale purposes\nand we have no liability to you for any loss of profit or revenue, loss of\nbusiness, business interruption or loss of business opportunity.\n9.6 Gett will not be liable for any loss or damage caused by a virus,\ndistributed denial-of-service attack, or other technologically harmful\nmaterial that may infect your electronic and/or mobile equipment,\ncomputer programs, data or other proprietary material due to your use\nof the App and/or the Services or to your downloading of any content\non it, or on any website linked to it.\n9.7 Gett shall not be in breach of these Conditions nor liable for any\ndelay in performing, or failure to perform, any of its obligations under\nthese Conditions if such delay or failure results from events,\ncircumstances or causes beyond its reasonable control.\n9.8 Subject to the remainder of this Condition 9, Gett’s total liability to\nyou in connection with these Conditions and the Services, however\narising whether caused by tort (including negligence), breach of\ncontract or otherwise, shall be limited to the Fees payable by you in\nrelation to the Order in which the liability arose.\n10.TERMINATION\n\n10.1 These Conditions shall exist for an indefinite period of time.\nHowever, you may terminate your agreement with us at any time by\npermanently deleting the App installed on any device and deactivating\nyour account.\n10.2 Gett is entitled to terminate its provision of the Services to you or\nyour licence to use the App, with immediate effect, by disabling your\naccount or otherwise preventing you from accessing or using the App,\nat its sole discretion.\n11.VARIATIONS\n11.1 Gett reserves the right, in its sole discretion, to vary these\nConditions at any time. We will notify you of any changes by emails\nand/or through the App and the date of the most recent revisions will\nappear at the bottom of this page.\n11.2 If there is any inconsistency between Gett’s Privacy Policy and\nthese Conditions, the Privacy Policy shall prevail.\n12. ASSIGNMENT\nYour Customer Account and the Services are personal to you, and\ntherefore you may not assign, sub-licence or transfer in any other way\nyour rights and obligations under these Conditions of use to any third\nparty. However, if necessary, Gett may freely assign its rights and\nobligations without your consent and without the need to notify you\nbefore assigning them.\n13. INVALIDITY\nIf any part of these Conditions are disallowed or found to be ineffective\nby any court or regulator, the other provisions shall continue to apply to\nthe maximum extent permitted by law.\n14.THIRD PARTY RIGHTS\nRights under these Conditions only accrue to a person party to these\nConditions. Accordingly a person who is not a party to these\nConditions shall have no rights under the Contracts (Rights of Third\nParties) Act 1999 to enforce any of its Conditions, but this does not\naffect any right or remedy of a third party which exists or is available\napart from that Act.\n15.WAIVER\n\nNo failure or delay by Gett to exercise any right or remedy provided in\nthese Conditions or by law shall constitute a waiver of that or any right\nor remedy, nor shall it preclude or restrict the further exercise of that or\nany right or remedy. No single or partial exercise of such remedy shall\npreclude or restrict the further exercise of that or any other right or\nremedy.\n16.CONTACTING US AND COMPLAINTS\nIf you have any concerns, or wish to contact us for any reason, you\ncan do so by emailing us at [email protected] .\n17.JURISDICTION AND APPLICABLE LAW\nThese Conditions, and any non-contractual obligations arising out of\nthem, are governed and construed in accordance with the law of\nEngland and Wales and any proceedings resulting out of these terms\nof use, and any non-contractual obligations arising out of them, the\nPrivacy Policy, Services and/or the use of the App shall be held in the\nCourts of England and Wales.\n18.NO AGENCY\nNothing in these Conditions shall be construed as creating, in any\nform, an agency relationship between Gett and Customers under the\nlaws of England and Wales.\n19.YOUR STATUTORY RIGHTS\nThese Conditions are without prejudice to your statutory rights.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"iTaxi","url":"https://itaxi.pl/regulamin/","lang":"PL","sector":"Transport","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Optionally paid","date":"01.01.2022"},"document":{"title":"","text":"Poniżej znajduje się ogólny regulamin zawierający szczegółowe postanowienia i\nwarunki, dotyczące użytkowania Aplikacji iTaxi i zamawiania usług za\npośrednictwem Call Center i Aplikacji iTaxi oraz wszystkich związanych z tym\nfunkcjonalności i usług obowiązujący od dnia 01.01.2022 roku.\nREGULAMIN\nKORZYSTANIA Z APLIKACJI I\nZ APLIKACJI I\nZ APLIKACJI I\nZ APLIKACJI I\nZ APLIKACJI I\nUSŁUG ITAXI\nUSŁUG ITAXI\nUSŁUG ITAXI\nUSŁUG ITAXI\nUSŁUG ITAXI\nDefinicje\niTaxi – iTaxi.pl S.A. z siedzibą w Warszawie, ul. Przasnyska 6B, 01-756 Warszawa\n\nAplikacja iTaxi – oprogramowanie i serwis iTaxi służące do zamawiania Usług\nprzewozu osób i zawierania umów o przewóz osób przez użytkowników, których\nUrządzenia mobilne posiadają możliwość łączenia się z Internetem.\n\nCall Center – infolinia telefoniczna obsługiwana przez iTaxi za pośrednictwem\noperatorów i automatycznych systemów, za pośrednictwem których można zamówić\nusługi realizowane przez iTaxi.\n\nPasażer – zalogowany i akceptujący poniższy regulamin użytkownik Aplikacji iTaxi,\nktóry zamawia Usługę przewozu osób za pomocą Aplikacji iTaxi, i który zawiera\numowę przewozu osób. Pasażer logując się do Aplikacji iTaxi ma możliwość\nlogowania się na jeden z profili: prywatny lub biznesowy.\n\nKierowca – licencjonowany taksówkarz, który może przyjmować zlecenia na przewóz\nosób od Pasażera oraz wykonywać przewóz na mocy odrębnej umowy o współpracę\nz iTaxi.\n\nUrządzenia mobilne – przenośne urządzenia pozwalające na łączenie się z\nInternetem bezprzewodowo. Urządzenia za pomocą których następuje korzystanie z\nAplikacji iTaxi.\n\nUsługa przewozu osób – usługa transportu świadczona Pasażerom przez Kierowców\nza pomocą taksówki (w rozumieniu art. 2 pkt 43 ustawy z dnia 20.06.1997 r. prawo o\nruchu drogowym Dz. U. z 2005 r. nr 108 poz.908 z późn. zm., w związku z art. 4 pkt 1\nUstawy z 06.09.2001 r. o transporcie drogowym, Dz. U. 2007, nr 125, poz. 874).\n\nCena gwarantowana – usługa dostępna w ramach Aplikacji iTaxi, na zasadach\nokreślonych niniejszym regulaminem, dla Pasażerów logujących się do Aplikacji iTaxi\nna profil prywatny.\n§1. Ogólne uwagi dotyczące usług oferowanych przez iTaxi\n\n1. iTaxi udostępnia Pasażerowi nieodpłatnie Aplikację iTaxi (kosztami może być\nobjęte mobilne połączenie transmisji danych zgodne z taryfikatorem dostawcy\nInternetu), przeznaczoną do działania w Urządzeniach mobilnych. Zgodnie z\nponiższym regulaminem korzystający z Aplikacji iTaxi, Pasażer zamawia Usługę\nprzewozu osób wypełniając formularz i klikając w przycisk „ZAMÓW”, a tym\nsamym wyraża wolę zawarcia umowy dotyczącej przewozu osób z Kierowcą\n(licencjonowanym taksówkarzem). Informacje, w tym dane Pasażera wyświetlane\nsą po stronie zalogowanego Kierowcy, który potwierdza wolę wykonania usługi\npoprzez wciśnięcie przycisku „PRZYJMIJ ZLECENIE”. Pasażer otrzymuje\nkomunikat zwrotny od razu po zaakceptowaniu zlecenia przez Kierowcę wraz z\ninformacjami dotyczącymi aktualnej pozycji Kierowcy i danymi pozwalającymi na\njego identyfikację (Imię i Nazwisko, Samochód jakim porusza się Kierowca).\nPasażer ma również możliwość w każdej chwili połączyć się z bezpośrednio z\nKierowcą, który przyjął zlecenie, poprzez wciśnięcie w przycisk „ZADZWOŃ”.\nKierowca, który przyjął zamówioną usługę, w celu zawarcia umowy jest\nzobowiązany stawić się w lokalizacji wskazanej przez Pasażera. Umowa\nprzewozu osób zostaje zawarta poprzez złożenie oświadczeń woli: Pasażera po\nwciśnięciu przycisku „ZAMÓW”, którym potwierdza zamówienie usługi akceptując\njednocześnie wszystkie warunki przewozu, a następnie przez Kierowcę po\nwciśnięciu przycisku „PRZYJMIJ ZLECENIE”, którym potwierdza przyjęcie\ninformacji od Pasażera i wyraża zgodę na wykonanie usługi.\n2. Pasażer akceptuje fakt, że usługi wyszukiwania taksówkarza dla zamówionego\nprzejazdu wykonywane są bezpośrednio po przesłaniu zgłoszenia Pasażera przez\nAplikację iTaxi. Po wykonaniu usługi przez iTaxi, tj. po zaakceptowaniu zgłoszenia\nprzez taksówkarza, Pasażer traci prawo do odstąpienia od umowy wyszukania\ntaksówkarza, wobec uznania jej za wykonaną.\n3. Zawarcie umowy o przewóz osób nie jest skutkiem korzystania z Aplikacji iTaxi,\nale korzystanie z aplikacji może zakończyć się zawarciem takiej umowy. Umowa\nprzewozu osób może zostać zawarta wyłącznie pomiędzy Kierowcą a Pasażerem\nna warunkach opisanych w niniejszym regulaminie. Usługi iTaxi polegają\nwyłącznie na udostępnieniu funkcji Aplikacji iTaxi, w ramach których następuje\nm.in. przekazanie Pasażerowi informacji o dostępnych Kierowcach\n(licencjonowanych taksówkarzach) gotowych świadczyć Usługę przewozu osób, a\nKierowcy informacji o potrzebie uzyskania tej usługi przez Pasażera.\n§2. Opłaty i płatności\n1. iTaxi może pobierać dodatkowe opłaty za obsługę i zamawianie kursów w ramach\nUsługi przewozu osób w zależności od kanału jakim Usługa przewozu osób jest\nzamawiana i/lub miejsca realizacji Usługi przewozu osób, a także rodzaju\n\nzamówionej usługi dodatkowej. W takim przypadku opłata zostanie uwzględniona\ni doliczona do kwoty kursu w ramach Usługi przewozu osób za zrealizowany\nprzejazd. Aktualny cennik usług dodatkowych dostępny jest na\nstronie www.itaxi.pl.\n2. Skorzystanie z usługi iTaxi wymaga aktywnego połączenia z Internetem, jak\nrównież korzystanie z Aplikacji iTaxi wymaga dysponowania sprawnym\nUrządzeniem mobilnym. Pasażer we własnym zakresie i na własną\nodpowiedzialność musi zadbać o spełnienie wymogów technicznych urządzenia,\njego konfigurację, aktualność oprogramowania oraz o dostęp do Internetu. Koszty\nzakupu Urządzenia mobilnego oraz koszty połączenia z Internetem, za które\noperator lub dostawca może pobierać dodatkowe opłaty, ponosi w całości\nPasażer. iTaxi.pl nie realizuje bezpłatnego dojazdu do Pasażera. W związku z tym.\nPasażer zamawiając kurs, bez względu na sposób jego zamówienia (Call Center,\nAplikacja iTaxi, panel biznesowy), akceptuje naliczane opłaty za dojazd do\nPasażera. Dopłata stanowić będzie różnicę pomiędzy minimalną wartością kursu\nw ramach Usługi przewozu osób z bezpłatnym dojazdem a wartością\nzrealizowanego kursu w ramach Usługi przewozu osób. Minimalna wartość kursu\nw ramach Usługi przewozu osób dla poszczególnych typów zamawianych kursów\nwskazana jest cenniku usług dodatkowych, który dostępny jest na\nstronie www.itaxi.pl.\n3. Na podstawie zawartej umowy przewozu osób, pomiędzy Pasażerem a Kierowcą\nnastępuje rozliczenie Usługi przewozu osób. Rozliczenie następuje w oparciu o\nwystawiony przez Kierowcę paragon.\n4. Kierowca może posiadać fizyczną lub wirtualną kasę fiskalną. Kasa mająca\npostać oprogramowania zamiast drukowania paragonów fiskalnych\npotwierdzających wykonanie usługi może wysłać nabywcy e-Paragon. Pasażer\ninstalując Aplikację iTaxi i zamawiając kurs w ramach Usługi przewozu osób\nwyraża zgodę na otrzymywanie paragonu w wersji elektronicznej SMSem lub\nmailowo.\n5. iTaxi może wprowadzić formę rozliczania z Pasażerami za płatności mobilne. W\ntakim przypadku płatność za Usługę przewozu osób, zamówioną za pomocą\nAplikacji iTaxi, będzie pobierana od Pasażera za pomocą elektronicznego\npolecenia zapłaty, kart kredytowych czy innych systemów i opcji płatności\nmobilnych udostępnionych w Aplikacji iTaxi. W przypadku, gdy Pasażer\ndysponuje voucherem, posiada Kod Promocyjny lub przyznano mu rabat,\nKierowca nie pobiera należności od Pasażera bądź pobiera opłatę częściową\nzgodna z przyjętymi ustaleniami rozliczeń za voucher lub zgodnie z udzielonym\nrabatem. Rabaty, zniżki, Kody Promocyjne i vouchery podlegają rozliczeniom\npomiędzy Pasażerem i iTaxi i nie mają związku z realizacją zlecenia i wynikającymi\n\nz tego obowiązkami Kierowcy a jedynie z wysokością opłaty za zlecenie, którą w\nimieniu Kierowcy pobiera iTaxi.\n§3. Warunki rezygnacji z zamówionego przejazdu\n1. Jeżeli Pasażer rezygnuje z przejazdu po tym, jak Kierowca po akceptacji zlecenia\nPasażera rozpoczął jego realizację albo Kierowca przerwał realizację zlecenia po\nbezskutecznym oczekiwaniu na Pasażera pod adresem początkowym, do którego\nzostała przez Pasażera zamówiona taksówka iTaxi może naliczyć Pasażerowi\nopłatę za złożenie i przerwanie zlecenia, zgodnie z pkt. 2 i 3. Opłata, o której\nmowa w niniejszym ustępie, jeśli okoliczności na to pozwalają (np. w przypadku\npłatności elektronicznych) jest pobierana niezwłocznie po przerwaniu zlecenia, co\nPasażer akceptuje i zobowiązuje się w takim przypadku do niezwłocznego\nuiszczenia opłaty. W pozostałych przypadkach Pasażer zobowiązany jest do\nuiszczenia opłaty przy najbliższym kursie.\n2. iTaxi zastrzega sobie pobranie opłaty od Pasażera za złożenie i przerwanie\nzlecenia Usługi przewozu osób z winy Pasażera. Wysokość opłaty za złożenie i\nprzerwanie zlecenia Usługi przewozu osób z winy Pasażera dostępne są w\naktualnym cenniku usług dodatkowych, który dostępny jest na\nstronie www.itaxi.pl.\n3. W przypadku złożenia zlecenia Usługi przewozu osób obejmującego rezerwację\npojazdu o określonych przez Pasażera parametrach dodatkowych wiążących się z\nnaliczeniem dopłaty do takiego zlecenia, w przypadku przerwania realizacji\ntakiego zlecenia do opłaty określonej w ust. 2 powyżej zostanie również doliczone\n50% dopłaty określonej w cenniku, który dostępny jest na stronie www.itaxi.pl,\ndla danego zlecenia.\n4. Pasażer może wystąpić o zwrot nienależnie pobranej od niego opłaty za złożenie i\nprzerwanie zlecenia Usługi przewozu osób, jeżeli uznaje, że opłata została\npobrana bezzasadnie.\n5. Żądanie, o którym mowa w pkt. 4, należy przesłać na adres e-\nmail: [email protected] niezwłocznie po zakończeniu realizacji zlecenia jednak nie\npóźniej niż w ciągu 30 dni od pobrania opłaty.\n6. Po trzykrotnym przerwaniu zlecenia Usługi przewozu osób, o którym mowa w\nniniejszym paragrafie lub w przypadku nieuiszczenia opłaty za złożenie i\nprzerwanie zlecenia Usługi przewozu osób, o której mowa w niniejszym\nparagrafie, niezależnie od naliczonych opłat za złożenie i przerwanie zlecenia iTaxi\nma prawo do częściowego lub całkowitego ograniczenia funkcji Aplikacji iTaxi\nPasażera, w tym w szczególności ograniczenia czasowego możliwości\nzamawiania przejazdów, ograniczenia dostępnych form płatności lub\nzablokowania konta Pasażera.\n\n7. Powyższe zasady dotyczące rezygnacji z zamówionego przejazdu i przerwania\nzlecenia, w tym opłaty\n\nz tym związane, mają zastosowanie niezależnie od rodzaju konta (profil prywatny,\nprofil biznesowy), jak również niezależnie od formy złożenia lub rezygnacji z\nzamówienia (np. przez Aplikację, call center, panel biznesowy itp.).\n§4. Ogólne warunki korzystania z Kodów Promocyjnych\n1. Kod Promocyjny uprawnia do zniżkowego przejazdu taksówką, tj. Pasażer\nzobligowany jest do uiszczenia Kierowcy opłaty w wysokości kwoty wyświetlonej\nna taksometrze pomniejszonej o przysługującą Pasażerowi zniżkę wynikającą, z\nprzysługującego mu Kodu Promocyjnego. Wartość zniżki na pojedynczą usługę\nprzewozu osób jest przekazywana do wiadomości Pasażera wraz z Kodem\nPromocyjnym. Jeżeli kwota wyświetlona na taksometrze będzie równa lub niższa\nod kwoty przysługującej Pasażerowi z tytułu przyznanej mu zniżki, to taka Usługa\nprzewozu osób jest traktowana jako usługa bezpłatna, jednocześnie\nniewykorzystana część przysługującej Pasażerowi zniżki zostaje utracona.\nJakakolwiek wypłata ekwiwalentu Kodu Promocyjnego w gotówce lub w innej\nformie nie jest możliwa.\n2. Kody Promocyjne obowiązują jedynie do zamówień dokonanych przez Aplikację\niTaxi. Kod Promocyjny należy wpisać w menu Aplikacji iTaxi w zakładce kody\npromocyjne przed złożeniem zamówienia taksówki. Kod jest ważny dopiero, kiedy\nzostanie poprawnie zweryfikowany przez Aplikację iTaxi, tj. Aplikacja iTaxi\npoinformuje Pasażera, że kod jest prawidłowy.\n3. Kod Promocyjny może zostać wykorzystany tylko jeden raz przez Pasażera w\ntrakcie okresu ważności kodu. Kod Promocyjny może zostać wprowadzony do\nAplikacji iTaxi tylko jeden raz. Ponowne wprowadzenie kodu nie jest możliwe.\nNiewykorzystany Kod Promocyjny na koniec okresu ważności traci ważność.\n4. Aplikacja iTaxi uniemożliwia wykorzystanie kodu Pasażerom, którzy wcześniej\nkorzystali już z innych Kodów Promocyjnych. Oznacza to, że Pasażer w Aplikacji\niTaxi może zweryfikować poprawnie w danym momencie tylko jeden Kod\nPromocyjny na unikalny numer telefonu, bez względu na źródło pochodzenia\nkodu i jego wartość.\n5. Wyjątkiem od reguł zawartych w punktach §4.3 i §4.4 regulaminu są kody\nkilkukrotnego, lub wielorazowego użytku. Jeśli Pasażer jest w posiadaniu kodu\nuprawniającego do wielu zniżek, to może zweryfikować go tyle razy, ile razy może\nskorzystać ze zniżkowego przejazdu (informacja ile razy jest każdorazowo\nprzekazywana Pasażerowi wraz z Kodem Promocyjnym). W przypadku kodów\nkilkukrotnego/wielorazowego użytku Pasażer musi zweryfikować ten sam kod\nprzed każdym oddzielnym zamówieniem taksówki, np. jeśli kod uprawnia do\n\nzniżki na dwa przejazdy to należy go zweryfikować zarówno przed pierwszym jak i\nprzed drugim przejazdem, jeśli Pasażer nie zweryfikuje kodu przed drugim\nprzejazdem, to ten przejazd będzie pełnopłatny – w takiej sytuacji kod dalej jest\nważny, ale należy go zweryfikować przed kolejnym zamówieniem taksówki.\n6. W ramach jednego przejazdu nie można skorzystać jednocześnie z więcej niż\njednego Kodu Promocyjnego, zniżki, kuponów czy innych rabatów wpływających\nna kwotę należną Kierowcy za przejazd.\n7. Kod Promocyjny, który uległ zagubieniu lub kradzieży, nie może zostać\nwykorzystany, zabroniona jest również odsprzedaż kodu.\n8. Jeśli zajdzie podejrzenie o nieuprawnionym użyciu Kodu Promocyjnego lub\nnaruszeniu warunków niniejszego regulaminu, iTaxi ma prawo zablokować profil\nPasażera i odmówić Pasażerowi dostępu do usług możliwych za pośrednictwem\nAplikacji iTaxi. W przypadku zaistnienia takiej sytuacji Pasażerowi nie przysługują\nżadne roszczenia względem iTaxi dotyczące wartości niewykorzystanych Kodów\nPromocyjnych.\n9. iTaxi zastrzega sobie prawo do wyłączenia obowiązywania Kodów Promocyjnych\nz oferowanych form przejazdu.\n§5. Ogólne warunki korzystania z usługi „Cena gwarantowana”(dawniej „Bilet\niTaxi”)\n1. „Cena gwarantowana” to usługa dostępna w Aplikacji iTaxi.\n2. Wybór usługi „Cena gwarantowana” jest dobrowolnym wyborem dokonywanym\nprzez Pasażera i oznacza akceptację przedstawionych w Aplikacji iTaxi warunków\nprzejazdu. Pasażer klikając w Aplikacji iTaxi usługę przejazdu z „Ceną\ngwarantowaną” oświadcza, że zna i akceptuje przedstawione warunki przejazdu\nw tym w szczególności kwotę należności za przejazd na wybranej przez siebie\ntrasie.\n3. Pasażer oświadcza, że przyjmuje do wiadomości, i akceptuje fakt, że “Cena\ngwarantowana” na tej samej trasie w różnych porach dnia oraz w różnych dniach\nmoże się znacząco różnić, w zależności od przejezdności dróg oraz popytu i\npodaży na usługi taksówkowe.\n4. Z usługi „Cena gwarantowana” mogą korzystać tylko Pasażerowie logujący się w\nAplikacji iTaxi na profil prywatny. Przejazdy biznesowe wyłączone są z działania\nusługi „Cena gwarantowana”.\n5. „Cena gwarantowana” dostępna jest tylko w przypadku uzupełnienia pełnego\nadresu startu i końca przejazdu.\n6. Usługi „Cena gwarantowana” nie można zamówić dla:\nzamówień z dopłatami (np. BUS, kombi, premium),\n\nzamówień terminowych,\ndla przejazdów biznesowych (zalogowany pasażer biznesowy do Aplikacji\niTaxi),\ndla przejazdów na voucher biznesowy wpisany do Aplikacji iTaxi,\ndla kursów zamawianych na call center iTaxi,\ndla kursów ze stref np. na lotnisku Chopina.\n7. Usługa „Cena gwarantowana” zakłada przejazd z punktu odbioru do punktu\ndocelowego bez żadnych postojów na trasie, czy jakiejkolwiek zmiany trasy\noptymalnego przejazdu.\n8. Adres początkowy podany w Aplikacji iTaxi musi być identyczny z adresem\nodbioru pod którym Pasażer oczekuje na Kierowcę.\n9. Jeśli Kierowca będzie musiał oczekiwać na Pasażera dłużej niż 5 minut, oznacza\nto rezygnację z usługi “Cena gwarantowana” i rozliczenie przejazdu na podstawie\nwskazań taksometru.\n10. Jeśli Pasażer w trakcie trwania przejazdu na „Cena gwarantowana” będzie chciał\nzmienić trasę lub dodać jakikolwiek postój, usługa „Cena gwarantowana”\nprzestaje obowiązywać, a Pasażer zobowiązany jest na koniec kursu dokonać\npłatności na podstawie wskazań taksometru. W tym przypadku na koniec kursu\nzostaną wystawione 2 paragony: jeden na kwotę wskazaną w usłudze z „Ceną\ngwarantowną” oraz drugi na różnicę wynikającą ze wskazań taksometru i kwoty\nwidniejącej na usłudze z „Ceną gwarantowaną” podczas zamawiania usługi.\n11. W przypadku wystąpienia w trakcie realizacji zlecenia okoliczności niezależnych i\nniemożliwych do przewidzenia przez Pasażera lub Kierowcę, uniemożliwiających\nrealizację przejazdu z “Ceną gwarantowaną” zaplanowaną optymalną trasą\nprzejazdu – zlecenie to może być:\nzakończone w momencie ujawnienia tych okoliczności na żądanie Pasażera\nz obowiązkiem dokonania zapłaty według wskazania taksometru liczonego\nod rozpoczęcia realizacji zlecenia lub\nkontynuowane do adresu docelowego lub innego określonego przez\nPasażera z obowiązkiem dokonania zapłaty według wskazania taksometru\nliczonego od rozpoczęcia realizacji zlecenia\n12. Anulowanie lub przerwanie realizacji przejazdu z “Ceną gwarantowaną” przez\nPasażera lub przez Kierowcę z winy Pasażera podlega naliczeniu opłat za złożenie\ni przerwanie zlecenia, o której mowa w § 3 niniejszego regulaminu, o ile dane\nzlecenie nie jest następnie opłacone na podstawie wskazania taksometru.\n\n13. iTaxi zastrzega sobie prawo do wprowadzenia usługi „Cena gwarantowana” w\nwybranych miastach. Aktualna lista miast wraz ze strefami obowiązywania usługi\njest dostępna na stronie www.itaxi.pl.\n§6. Dostępność Aplikacji iTaxi i zaprzestanie świadczenia usług\n1. W ramach ogólnych warunków korzystania z Aplikacji iTaxi będzie dbać o\nzapewnienie najwyższej dostępności Aplikacji iTaxi jak również o jak najszybsze\nusuwanie wszelkich awarii spowodowanych błędnym działaniem Aplikacji iTaxi.\n2. iTaxi zastrzega sobie prawo do częściowego lub całkowitego zawieszenia\ndziałalności serwisu bez indywidualnego powiadomienia Pasażerów i Kierowców.\nW przypadku całkowitego zawieszenia działalności, na\nstronie www.itaxi.pl. zostanie opublikowany stosowny komunikat informujący o\nzaprzestaniu oferowania usług przez iTaxi.\n3. iTaxi zastrzega sobie prawo do zmian i dalszego rozwoju Aplikacji iTaxi oraz\nrozszerzania profilu świadczonych za pomocą Aplikacji iTaxi usług. Zmiany takie\nmogą być wprowadzane do Aplikacji iTaxi w dowolnej chwili bez konieczności\nuprzedniego poinformowania Pasażerów i Kierowców.\n§7. Ogólne prawa i obowiązki Pasażera\n1. Przed rozpoczęciem korzystania z usług iTaxi, Pasażer zobowiązany jest do\nzapoznania się z regulaminem i Rozpoczynając korzystanie z usług iTaxi Pasażer\nakceptuje zapisy obu dokumentów w aktualnym brzmieniu i zobowiązuje się do\nich przestrzegania.\n2. Pełne korzystanie z Aplikacji iTaxi wymaga rejestracji konta Pasażera poprzez\npodanie zgodnych z prawdą danych osobowych Pasażera (Imię, Nazwisko oraz\nnumer telefonu). W Aplikacji iTaxi umożliwia korzystanie z niektórych funkcji\nAplikacji iTaxi bez pełnej rejestracji konta Pasażera. Rejestracja konta lub\nkorzystanie z funkcji dostępnych bez pełnej rejestracji konta Pasażera, jest\njednoznaczna z akceptacją regulaminu. W toku rejestracji konta osoba\nrejestrująca konto ma możliwość dodania karty płatniczej do swojego konta, przy\nczym zasady weryfikacji takiej karty są określane przez dostawcę danej usługi\npłatniczej, w szczególności mogą być związane z zablokowaniem określonej\nkwoty w celu weryfikacji karty.\n3. Pasażer jest zobowiązany do podania kompletnych i zgodnych z prawdą danych\nosobowych wymaganych przez iTaxi oraz do ich sprawdzania i aktualizowania\nbez jakichkolwiek wezwań ze strony iTaxi.\n4. Pasażer zobowiązany jest do korzystania z Aplikacji iTaxi tylko w sposób zgodny z\njej przeznaczeniem. Pasażer nie będzie sam, ani przy udziale osób trzecich\nzmieniał, obchodził i łamał zabezpieczeń Aplikacji iTaxi, jak również nie będzie\n\nwywierał negatywnego wpływu na Aplikację iTaxi powodując jej uszkodzenia lub\nużywał w sposób doprowadzający do jej przeciążenia.\n5. Pasażerowi nie przysługują żadne prawa do udostępnionego przez iTaxi\noprogramowania, które pozostają własnością iTaxi. Zabrania się całkowitego lub\nczęściowego kopiowania, modyfikowania i rozpowszechniania oraz\nreprodukowania udostępnionego oprogramowania.\n6. Pasażer nie powinien umożliwiać osobom trzecim dostępu do Aplikacji iTaxi. Za\npoufność i bezpieczeństwo swojego profilu odpowiedzialny jest wyłącznie\nPasażer, który zobowiązany jest także do niezwłocznego poinformowania iTaxi o\nnieautoryzowanym wykorzystaniu jego profilu w Aplikacji iTaxi przez osoby\ntrzecie.\n7. Pasażer jest zobowiązany niezwłocznie poinformować iTaxi w przypadku, gdy\nosoby trzecie mogłyby dochodzić swych roszczeń w stosunku do iTaxi, ze\nwzględu na naruszenie prawa przez Pasażera.\n8. Pasażer nie może przetwarzać ani wykorzystywać danych osobowych\npozostałych użytkowników Aplikacji iTaxi, w tym innych Pasażerów i Kierowców,\nktóre zostaną mu udostępnione podczas korzystania z Aplikacji iTaxi.\n9. Konto w Aplikacji iTaxi może być usunięte, zarówno w zakresie profili prywatnych\njak i biznesowych. W celu usunięcia konta należy przesłać na\nadres [email protected] informację z żądaniem usunięcia konta w Aplikacji iTaxi, przy\nczym w zakresie konta (profilu) biznesowego usunięcie konta następuje wyłącznie\nna wniosek osoby zarządzającej takim kontem (administratora konta\nbiznesowego, tj. użytkownika, który zawarł umowę z iTaxi zgodnie z Regulaminem\nkorzystania z usług iTaxi i korzystania z Aplikacji iTaxi, przeznaczonym dla\nklientów biznesowych w zakresie działalności i małych firm). Konto jest usuwane\nniezwłocznie po dokonaniu prawidłowego zgłoszenia.\n§8. Odpowiedzialność iTaxi. Procedura reklamacyjna.\n1. Z zastrzeżeniem bezwzględnie obowiązujących przepisów prawa, iTaxi nie ponosi\nodpowiedzialności za autentyczność, poprawność i kompletność danych jakie są\nprzekazywane za pośrednictwem Aplikacji iTaxi pomiędzy Pasażerem a Kierowcą.\niTaxi nie ponosi również odpowiedzialności za to, iż dane zostaną otrzymane we\nwłaściwym czasie (zarówno przez Pasażera jak i przez Kierowcę).\n2. Zabezpieczenie danych znajdujących się w Urządzeniach mobilnych leży w gestii\nPasażera i Kierowcy.\n3. iTaxi zapewnia jedynie dostęp do Aplikacji iTaxi i usług świadczonych za pomocą\nAplikacji iTaxi. iTaxi nie świadczy Usług przewozu osób wykonywanych przez\nKierowcę, w związku z tym odpowiedzialność z tego tytułu, z zastrzeżeniem\n\nbezwzględnie obowiązujących przepisów prawa, spoczywa na stronach umowy o\nUsługę przewozu osób.\n4. Zabronione jest dostarczanie przez użytkowników Aplikacji iTaxi treści o\ncharakterze bezprawnym. Z zastrzeżeniem bezwzględnie obowiązujących\nprzepisów prawa, za treści upubliczniane i rozpowszechniane przez Pasażerów i\nKierowców w ramach Aplikacji iTaxi, odpowiedzialność ponoszą Pasażerowie i\nKierowcy je zamieszczający. iTaxi zastrzega sobie prawo do bezzwłocznego\nusunięcia publikacji, które w jakikolwiek sposób są sprzeczne z prawem,\nnaruszają ogólnie przyjęte normy i zasady współżycia społecznego jak również\nnormy moralne i obyczajowe.\n5. iTaxi stosuje następującą procedurę reklamacyjną:\nreklamacje należy składać za pośrednictwem formularza dostępnego na\nstronie https://itaxi.pl/reklamacja/ lub mailowo na adres [email protected],\nskładana reklamacja powinna zawierać: dane Pasażera, w tym adres e-mail\nna który zostanie przesłana odpowiedź, dane firmy (firma, NIP/REGON) jeśli\nprzejazd realizowany jest w ramach przejazdów biznesowych, dokładne\ninformacje dotyczące kursu będącego przedmiotem reklamacji (data,\ngodzina, trasa przejazdu), opis przyczyny reklamacji,\niTaxi udziela odpowiedzi na reklamację w terminie 14 dni roboczych od jej\nzłożenia. Odpowiedź jest udzielana na adres e-mail zgłaszającego, podany w\nzgłoszeniu reklamacyjnym, z tym zastrzeżeniem, że w przypadku reklamacji\ndotyczącej kursu biznesowego odpowiedź na reklamację udzielana jest\nosobie reprezentującej podmiot (firmę), w zakresie zawarcia i wykonania\numowy dotyczącej przejazdów biznesowych zawarta z iTaxi.pl (którą może\nbyć w szczególności administrator konta biznesowego),\ndla właściwego rozpatrzenia reklamacji iTaxi może zwrócić się z prośbą do\nzgłaszającego reklamację o złożenie dodatkowych pisemnych informacji lub\ndostarczenie dodatkowych dokumentów, jeżeli ich uzyskanie będzie\nniezbędne do właściwego rozpatrzenia reklamacji.\n6. Procedura reklamacyjna, o której mowa w ust. 5 stanowi:\nstosowaną przez iTaxi procedurę rozpatrywania reklamacji w rozumieniu art. 8\npkt 4 ustawy z dnia 30 maja 2014 r. o prawach konsumenta (Dz.U.2019.134\nt.j. z dnia 2019.01.23) – w zakresie dotyczącym konsumentów,\ntryb postępowania reklamacyjnego w rozumieniu art. 8 ust. 3 pkt 4 ustawy z\ndnia z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną\n\n(z.U.2019.123 t.j. z dnia 2019.01.21) – w zakresie dotyczącym usługi\nświadczonej drogą elektroniczną.\n7. W zakresie usług świadczonych na rzecz konsumentów i umów z konsumentami,\nprocedura reklamacyjna, o której mowa w ust. 5 nie wyłącza ani nie ogranicza\ninnych dopuszczalnych prawem sposobów zgłaszania reklamacji, przy czym, w\nprzypadku przyczyn, za które iTaxi nie odpowiada, niezachowania procedury\nreklamacyjnej ze strony zgłaszającego może wpłynąć na termin rozpatrzenia\nreklamacji.\n§9. Ochrona danych osobowych\n1. iTaxi zapewnia należytą ochronę danych osobowych Pasażera. Wszelkie dane\nosobowe przekazane przez Pasażera są przetwarzane zgodnie z powszechnie\nobowiązującymi przepisami prawa w zakresie danych osobowych, w\nszczególności zgodnie z przepisami Rozporządzenia Parlamentu Europejskiego i\nRady (UE) 2016/679 z dnia 27 kwietnia 2016 r. w sprawie ochrony osób fizycznych\nw związku z przetwarzaniem danych osobowych i w sprawie swobodnego\nprzepływu takich danych oraz uchylenia dyrektywy 95/46/WE (ogólne\nrozporządzenie o ochronie danych).\n2. Szczegółowe informacje na temat przetwarzania danych osobowych Pasażera\nprzez iTaxi znajdują się w Polityce prywatności.\n§10. System oceny Użytkowników\n1. Pasażer jest zobowiązany do rzetelnej oceny usług świadczonych przez\nKierowców, zarówno samego Kierowcy jak i pojazdu. Pasażer zobowiązuje się do\npodawania wyłącznie prawdziwych informacji.\n2. Pasażer wyraża zgodę na publikowanie zanonimizowanych ocen w Aplikacji iTaxi\noraz na stronie www.itaxi.pl.\n§11. Postanowienia końcowe\n1. Jeśli którekolwiek z postanowień niniejszego regulaminu (lub część\nktóregokolwiek z postanowień) zostanie uznane przez sąd lub inny uprawniony\norgan jako nieważne, niewykonalne lub niezgodne z prawem, pozostałe\npostanowienia pozostaną w mocy i w będą uznawane za obowiązujące i wiążące.\nPostanowienie uznane za nieważne, niewykonalne lub niezgodne z prawem\nzostanie zastąpione przez inne postanowienie, które najlepiej będzie odpowiadać\nekonomicznemu i gospodarczemu celowi korzystania z Aplikacji iTaxi.\n2. iTaxi zastrzega sobie prawo do zmiany treści regulaminu. O zmianie treści\nregulaminu iTaxi informuje Pasażerów na stronie internetowej www.itaxi.pl oraz w\nAplikacji iTaxi. Nowy regulamin obowiązuje od dnia umieszczenia nowej jego\n\nwersji na stronie internetowej www.itaxi.pl oraz w Aplikacji iTaxi, chyba, że\nkomunikat zawierający informację o zmianie treści Regulaminu podaje inny termin\nobowiązywania zmiany Regulaminu. Komunikat o zmianie wskazuje zakres\ndokonywanej zmiany. Wraz z komunikatem i wskazaniem daty obowiązywania\nzamieszczana jest nowa wersja Regulaminu. Regulamin w aktualnej wersji, jak\nrównież informacja o jego każdorazowej zmianie i dacie obowiązywania, dostępne\nsą na stronie www.itaxi.pl jak również w Aplikacji. iTaxi zapewnia stałą możliwość\nwglądu do regulaminu na stronie internetowej www.itaxi.pl. oraz w Aplikacji iTaxi,\nw tym również możliwość pobrania w formacie pdf. Zalogowanie do Aplikacji iTaxi\noznacza akceptację regulaminu w jego aktualnej wersji. Postanowienia\nniniejszego punktu mają zastosowanie do cennika usług dodatkowych, który\ndostępny jest na stronie www.itaxi.pl.\n3. Pasażer ma prawo do pisemnego zgłoszenia sprzeciwu do zmian\nwprowadzonych w regulaminie w terminie 7 dni od daty jego publikacji.\nZgłoszenie sprzeciwu spowoduje automatycznie ustanie uprawnień do\nkorzystania z Aplikacji iTaxi przez Pasażera, zaś brak zgłoszenia sprzeciwu\nskutkuje wejściem w życie zmian regulaminu po upływie terminu na zgłoszenie\nsprzeciwu.\n4. Prawem właściwym dla niniejszego regulaminu będzie prawo polskie, przy czym\nw odniesieniu do konsumenta, postanowienia niniejszego punktu nie prowadzą\ndo pozbawienia konsumenta ochrony przyznanej mu na podstawie przepisów,\nktórych nie można wyłączyć w drodze umowy, na mocy prawa, jakie zgodnie z\nwłaściwymi przepisami prawa byłoby właściwe w braku wyboru prawa.\nRegulamin wchodzi w życie z dniem 01.01.2022 roku.\nAktualna wersja regulaminu do pobrania w PDF.\n\nPoprzednia wersja regulaminu dostępna tutaj.\nÓ\n\nDefinicje\nWyrażając zgodę na poniższe warunki Pasażer akceptuje, aby iTaxi obciążyło kartę\ndebetową lub konto bankowe Pasażera (np. kartę kredytową, konto PayPal,\nelektroniczne polecenie zapłaty lub inną opcję płatności), które zostało wskazane\nprzez niego w aplikacji iTaxi w trakcie procesu płatności za usługę przewozu osób na\nkwotę potwierdzoną przez Pasażera.\nUżytkownik ma możliwość włączenia funkcji automatycznego pobierania środków za\nwykonanie usługi korzystając z domyślnie wybranego sposobu płatności, bez\nkonieczności każdorazowego potwierdzania kwoty transakcji.\n\nPoniższe warunki obowiązują łącznie z Regulaminem korzystania z aplikacji iTaxi przez\nPasażera.\n§1. Przedmiot usługi\n1. iTaxi oferuje możliwość płatności bezgotówkowej, do maksymalnej wysokości\nwyznaczonej przez iTaxi, za Usługę przewozu osób zamówioną za pomocą\nAplikacji iTaxi, w tym z tytułu wszelkich opłat dodatkowych z tym związanych.\nOpłata jest pobierana od Użytkownika za pomocą elektronicznego polecenia\nzapłaty, kart kredytowych lub systemów płatności mobilnych.\n2. W trakcie rejestracji usługi płatności mobilne, Pasażer ma możliwość wyboru\npreferowanego sposobu płatności bezgotówkowej, który może zostać zmieniony\nlub usunięty w dowolnej chwili, poza czasem trwania kursu.\n3. W przypadku płatności za pomocą usługi PayPal, Użytkownik zapłaci kwotę\npotwierdzoną w trakcie procesu płatności bez ujawniania świadczącemu usługę\nprzewozu swojego konta PayPal. Zgodnie z warunkami korzystania z serwisu\nPayPal Pasażer zobowiązany jest założyć konto w systemie PayPal i może zostać\nobciążony za dodatkową opłatą za skorzystanie z tej usługi. PayPal zastrzega\nsobie prawo do obciążenia konta PayPal Użytkownika w różnych kwotach w\nprocesie płatności.\n§2. Obowiązki Pasażera\n1. Pasażer ma pełną dowolność w przypadku wyboru sposobu płatności. Płatność\nmoże zostać dokonana gotówką lub kartą u Kierowcy bądź jedną z metod\nbezgotówkowych zgodnie z §1 ust 1.\n2. W przypadku płatności bezgotówkowej przyjmuje się do zapłaty wartość kwoty\nbrutto.\nOGÓLNE WARUNKI W RAMACH\nUSŁUGI\n\n„PŁATNOŚCI MOBILNE”\n\n3. Użytkownik zobowiązany jest do nieudostępniania swojego konta iTaxi osobom\nnieuprawnionym. W przypadku utraty urządzenia na którym Użytkownik korzysta\nz aplikacji iTaxi oraz usług płatności mobilnych, lub innego nieuprawnionego\nkorzystania z konta przez osoby trzecie, Pasażer jest zobligowany do\npowiadomienia iTaxi w formie pisemnej na adres ul. Przasnyska 6B, 01-756\nWarszawa, formie elektronicznej na adres [email protected] lub numerem telefonu +48\n22 439 00 66.\n4. W przypadku płatności bezgotówkowej za przejazd, potwierdzenia płatności\nzostaną wysłane w formie elektronicznej na adres email Pasażera, który został\npodany w trakcie rejestracji. Paragon za kurs Użytkownik otrzyma od podmiotu\nświadczącego usługę przejazdu. Dostęp do faktury znajduje się w panelu\nbiznesowym aplikacji iTaxi i na prośbę Użytkownika może zostać wysłana na\nadres email Pasażera lub na adres korespondencyjny.\n5. W przypadku, gdy zajdzie podejrzenie nadużycia lub nieuprawnionego\nkorzystania z aplikacji lub usługi płatności mobilne, iTaxi zastrzega sobie prawo\ndo zablokowania konta lub możliwości płatności bezgotówkowej Użytkownika na\nczas nieokreślony. Jednocześnie Pasażer zostanie powiadomiony niezwłocznie o\nzaistniałej sytuacji po zablokowania konta lub usługi płatności mobilnych wraz z\nuzasadnieniem takiego zdarzenia. Użytkownik może zostać również zablokowany\nw razie nieudanej próby ściągnięcia środków z konta w ciągu 24 godzin od\npierwszej próby podjęcia transakcji.\n6. iTaxi w indywidualnych przypadkach zastrzega sobie prawo do wyłączenia\nmożliwości płatności bezgotówkowych bez podania przyczyny.\n§3. Czas obowiązywania\n1. Ogólne warunki płatności w ramach usługi „Płatności mobilne” obowiązują przez\nczas nieokreślony od momentu zaakceptowania ich przez Użytkownika.\n2. Dopuszcza się możliwość zrezygnowania z usługi płatności mobilnych przez obie\nstrony w dowolnej chwili bez podania przyczyny. Wymaganą formą\npowiadomienia o rezygnacji z usługi jest forma pisemna za pośrednictwem poczty\nelektronicznej na adres [email protected].\n3. Pasażer po rezygnacji z usługi „Płatności mobilne” nie będzie mógł korzystać z\ndotychczasowych płatności bezgotówkowych za pomocą aplikacji iTaxi.\n§4. Zasady płatności\n1. Pasażer zobowiązuje się do zapewnienia wystarczających środków na koncie\nwykorzystywanym do płatności mobilnych. W przypadku braku wystarczających\nśrodków na koncie w chwili płatności bezgotówkowej skutkującym nieudaną\npróbą obciążenia konta Pasażera, iTaxi zastrzega sobie prawo do\n\nwyegzekwowania należnych opłat i kosztów w innej formie, np. przelew bankowy\nlub rozliczenie gotówką bezpośrednio u świadczącego usługę przejazdu.\n2. Z zastrzeżeniem bezwzględnie obowiązujących przepisów prawa iTaxi nie ponosi\nodpowiedzialności za proces płatności bezgotówkowych w tym proces\nobciążania karty kredytowej lub konta PayPal. W razie wystąpienia błędów\ndotyczących obciążeń, błędów rachunkowych lub awarii systemu płatniczego\nPasażer zobowiązany jest do bezpośredniego kontaktu z dostawcą usług\npłatniczych lub wystawcą instrumentu płatniczego.\n3. W przypadku powstania szkody spowodowanej używaniem konta, które zostało\nzgłoszone wcześniej przez Użytkownika do zablokowania, iTaxi zobowiązuje się\ndo pokrycia kosztów szkód.\n§5. Postanowienia końcowe\n1. iTaxi zastrzega możliwość zmiany niniejszych warunków w ramach usługi\n„Płatności Mobilne”, powiadamiając o zaistniałych zmianach na stronie\ninternetowej www.itaxi.pl i terminie wejścia w życie ich obowiązywania. Aktualny\nregulamin usługi „Płatności mobilne” znajduje się na stronie\ninternetowej www.itaxi.pl lub w aplikacji zainstalowanej na urządzeniu mobilnym.\n2. Pasażer po otrzymaniu informacji o wprowadzeniu zmiany w regulaminie usługi\n„Płatności mobilne”, może nie wyrazić zgody na dalsze korzystanie z usługi co\nskutkuje ustaniem uprawnień Pasażera do korzystania z możliwości płatności\nbezgotówkowej w aplikacji iTaxi.\n3. W przypadku uznania przez sąd właściwy, lub inny upoważnione organ, że któryś\nz wyżej wymienionych punktów regulaminu jest nieważny, podlegający\nunieważnieniu, pozbawiony mocy prawnej, nieobowiązujący lub niewykonalny,\nprzyjmuje się, że pozostałe części nadal będą wiążące i obowiązujące.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Lyft","url":"https://www.lyft.com/terms","lang":"ENG","sector":"Transport","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"01.04.2021"},"document":{"title":"","text":"Lyft Terms of\nService\nLast Updated: April 1, 2021\nThese Terms of Service constitute a legally binding agreement (the\n“Agreement”) between you and Lyft, Inc., its parents, subsidiaries,\nrepresentatives, affiliates, officers and directors (collectively, “Lyft,” “we,” “us” or\n“our”) governing your use of the Lyft application (the “Lyft App”), website, and\ntechnology platform (collectively, the “Lyft Platform”).\nPLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT\nGOVERN HOW CLAIMS BETWEEN YOU AND LYFT CAN BE BROUGHT\n(SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED\nEXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST\nLYFT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS,\nNOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR\nREPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER\nAPPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF\nARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN\nSECTION 17.\nBy entering into this Agreement, and/or by using or accessing the Lyft Platform\nyou expressly acknowledge that you understand this Agreement (including the\ndispute resolution and arbitration provisions in Section 17) and accept all of its\nterms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND\nCONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS\nTHE LYFT PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH\nTHE LYFT PLATFORM. If you use the Lyft Platform in another country, you\nagree to be subject to Lyft's terms of service for that country.\nWhen using the Lyft Platform, you also agree to conduct yourself in accordance\nwith our Community Guidelines, which shall form part of this Agreement\nbetween you and Lyft.\n\nThe Lyft Platform\nThe Lyft Platform provides a marketplace where, among other things, persons who seek\ntransportation to certain destinations (“Riders”) can be matched with transportation options to\nsuch destinations. One option for Riders is to request a ride from rideshare drivers who are\ndriving to or through those destinations (“Drivers”). Drivers and Riders are collectively\nreferred to herein as “Users,” and the driving services provided by Drivers to Riders shall be\nreferred to herein as “Rideshare Services.” As a User, you authorize Lyft to match you with\nDrivers or Riders based on factors such as your location, the requested pickup location, the\nestimated time to pickup, your destination, User preferences, driver mode, and platform\nefficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based\non the same considerations. Any decision by a User to offer or accept Rideshare Services is\na decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver\nto a Rider shall constitute a separate agreement between such persons.\nIn certain markets, Riders may have the option to rent bikes or scooters through the Lyft\nPlatform to ride to their destination. In some markets these bikes and scooters are owned by\nLyft. In other markets Lyft operates a bike-share or scooter-share program on behalf of third\nparties. In either case, your rental and use of bikes and scooters through the Lyft Platform is\nsubject to additional agreements between you and Lyft and third parties as applicable to the\nparticular market (“Supplemental Agreements”). Please review any applicable Supplemental\nAgreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND\nCONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE THE\nBIKES OR SCOOTERS IN SUCH MARKET. In the event of any conflict between this\nAgreement and the terms and conditions of any Supplemental Agreement, the terms of this\nAgreement shall control.\nModification to the Agreement\nLyft reserves the right to modify the terms and conditions of this Agreement, and such\nmodifications shall be binding on you only upon your acceptance of the modified Agreement.\nLyft reserves the right to modify any information on pages referenced in the hyperlinks from\nthis Agreement from time to time, and such modifications shall become effective upon\nposting. Continued use of the Lyft Platform or Rideshare Services after any such changes\nshall constitute your consent to such changes. Unless material changes are made to the\narbitration provisions herein, you agree that modification of this Agreement does not create a\nrenewed opportunity to opt out of arbitration (if applicable).\nEligibility\n\nThe Lyft Platform may only be used by individuals who have the right and authority to enter\ninto this Agreement and are fully able and competent to satisfy the terms, conditions, and\nobligations herein. The Lyft Platform is not available to Users who have had their User\naccount temporarily or permanently deactivated. You may not allow other persons to use\nyour User account, and you agree that you are the sole authorized user of your account. To\nuse the Lyft Platform, each User shall create a User account. Each person may only create\none User account, and Lyft reserves the right to deactivate any additional or duplicate\naccounts. Your participation in certain Lyft programs and use of certain Lyft products or\nservices may be subject to additional eligibility requirements as determined by Lyft.\nBy becoming a User, you represent and warrant that you are at least 18 years old.\nNotwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old\nminor you may create a Lyft account for such minor to use the Lyft Platform subject to the\nfollowing requirements and restrictions: (a) you ensure that the minor’s use of the Lyft\nPlatform is limited solely to accessing and using bike-share or scooter-share services where\nexpressly permitted under the Supplemental Agreement applicable to such services, (b) you\ndetermine that the bike-share and scooter-share services are suitable for the minor, (c) you\nensure that the minor’s use of the Lyft Platform and applicable bike-share or scooter-share\nservices is done in compliance and acknowledgement of all applicable safety instructions and\nwarnings in this Agreement, any applicable Supplemental Agreements, and the Lyft App, (d)\nyou ensure that the minor does not request or accept any Rideshare Services unless\naccompanied by you or an authorized guardian, (e) you explain the terms of this Agreement\nto the minor, and (f) you expressly guarantee the minor’s acceptance of the terms of this\nAgreement.\nBy creating a Lyft account for such minor, you hereby give permission and consent to the\nAgreement on the minor’s behalf, and you shall assume any and all responsibility and liability\nfor the minor's use of the Lyft Platform as provided by the terms of this Agreement and any\napplicable Supplemental Agreements. You will be responsible for any breach of the above\nrepresentations, warranties and/or this Agreement, and/or any attempt of the minor to\ndisaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to\nexecute this Agreement on behalf of yourself and all other parents or legal guardians of the\nminor rider.\nCharges\nAs a Rider, you understand that request or use of Rideshare Services may result in charges\nto you (“Charges”). Charges related to bikes and scooters are addressed in the applicable\nSupplemental Agreement. Charges for Rideshare Services include Fares and other\napplicable fees, tolls, surcharges, and taxes as set forth on your market’s Lyft Cities page\n(www.lyft.com/cities), plus any tips to the Driver that you elect to pay. Lyft has the authority\nand reserves the right to determine and modify pricing by posting applicable pricing terms to\n\nyour market’s Lyft Cities page or quoting you a price for a specific ride at the time you make a\nrequest. Pricing may vary based on the type of service you request (e.g., shared, economy,\nextra seats, luxury) as described on your market’s Lyft Cities page. You are responsible for\nreviewing the applicable Lyft Cities page or price quote within the Lyft App and shall be\nresponsible for all Charges incurred under your User account regardless of your awareness\nof such Charges or the amounts thereof.\nFares. There are two types of Fares, variable and quoted.\nVariable Fares. Variable fares consist of a base charge and incremental charges based on\nthe duration and distance of your ride. For particularly short rides, minimum fares may apply.\nPlease note that we use GPS data from your Driver’s phone to calculate the distance\ntraveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we\nlose signal we will calculate time and distance using available data from your ride.\nQuoted Fares. In some cases Lyft may quote you a Fare at the time of your request. The\nquote is subject to change until the ride request is confirmed. If during your ride you change\nyour destination, make multiple stops, or attempt to abuse the Lyft Platform, we may cancel\nthe fare quote and charge you a variable fare based on the time and distance of your ride.\nLyft does not guarantee that the quoted fare price will be equal to a variable fare for the same\nride. Quoted Fares may include the Fees and Other Charges below, as applicable.\nFees and Other Charges.\nService Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable\nLyft Cities page.\nPrime Time. At certain times, including times of high demand for Rideshare Services (“Prime\nTime”), you acknowledge that Charges may increase substantially. For all rides with a\nvariable fare, we will use reasonable efforts to inform you of any Prime Time increases in\neffect at the time of your request. For Quoted Fares we may factor in the Prime Time\nincreases into the quoted price of the ride.\nCancellation Fee. After requesting a ride you may cancel it through the Lyft App, but note\nthat in certain cases a cancellation fee may apply. You may also be charged if you fail to\nshow up after requesting a ride. Please check out our Help Center to learn more about Lyft’s\ncancellation policy, including applicable fees.\nDamage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you\nagree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as\ndetermined by Lyft in its sole discretion), towards vehicle repair or cleaning. Lyft reserves the\nright (but is not obligated) to verify or otherwise require documentation of damages prior to\nprocessing the Damage Fee.\nTolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help\nCenter and your market’s Lyft Cities page for more information about toll charges and a list of\napplicable tolls and return charges. We do not guarantee that the amount charged by Lyft will\nmatch the toll charged to the Driver, if any.\nOther Charges. Other fees and surcharges may apply to your ride, including: actual or\nanticipated airport fees, state or local fees, or event fees as determined by Lyft or its\nmarketing partners. In addition, where required by law Lyft will collect applicable taxes. See\nyour market’s Lyft Cities page for details on other Charges that may apply to your ride.\nTips. Following a ride, you may elect to tip your Driver in cash or through the Lyft Platform.\nYou may also elect to set a default tip amount or percentage through the Lyft App. Any tips\nwill be provided entirely to the applicable Driver.\n\nGeneral.\nFacilitation of Charges. All Charges are facilitated through a third-party payment processor\n(e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Lyft may replace its\nthird-party payment processor without notice to you. Charges shall only be made through the\nLyft Platform. With the exception of tips, cash payments are strictly prohibited. Your payment\nof Charges to Lyft satisfies your payment obligation for your use of the Lyft Platform and\nRideshare Services. Certain Charges may be collectively billed as a single purchase\ntransaction to your selected payment method based on the payment frequency indicated in\nyour settings. If you don't recognize a transaction, then check your ride receipts and payment\nhistory.\nNo Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times\nregardless of your decision to terminate usage of the Lyft Platform, any disruption to the Lyft\nPlatform or Rideshare Services, or any other reason whatsoever.\nCoupons. You may receive coupons that you can apply toward payment of certain Charges\nupon completion of a Ride. Coupons are only valid for use on the Lyft Platform, and are not\ntransferable or redeemable for cash except as required by law. Coupons cannot be combined\nunless expressly provided otherwise, and if the cost of your ride exceeds the applicable\ncredit or discount value we will charge your payment method on file for the outstanding cost\nof the Ride. For quoted or variable fares, Lyft may deduct the amount attributable to the\nService Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions\non coupons may apply as communicated to you in a relevant promotion or by clicking on the\nrelevant coupon within the Promotions section of the Lyft App.\nCredit Card Authorization. Upon addition of a new payment method or each ride request,\nLyft may seek authorization of your selected payment method to verify the payment method,\nensure the ride cost will be covered, and protect against unauthorized behavior. The\nauthorization is not a charge, however, it may reduce your available credit by the\nauthorization amount until your bank’s next processing cycle. Should the amount of our\nauthorization exceed the total funds on deposit in your account, you may be subject to\noverdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held\nresponsible for these charges and are unable to assist you in recovering them from your\nissuing bank. Check out our Help Center to learn more about our use of pre-authorization\nholds.\nPayments\nIf you are a Driver, you will receive payment for your provision of Rideshare Services\npursuant to the terms of the Driver Addendum, which shall form part of this Agreement\nbetween you and Lyft.\nLyft Communications\nBy entering into this Agreement or using the Lyft Platform, you agree to receive\ncommunications from us or communications related to the Lyft Platform at any of the phone\nnumbers provided to Lyft by you or on your behalf, including via e-mail, text message, calls,\nand push notifications. You agree that texts, calls or prerecorded messages may be\n\ngenerated by automatic telephone dialing systems. Communications from Lyft, its affiliated\ncompanies and/or Drivers, may include but are not limited to: operational communications\nconcerning your User account or use of the Lyft Platform or Rideshare Services, use of bikes\nand scooters through the Lyft Platform, updates concerning new and existing features on the\nLyft Platform, communications concerning marketing or promotions run by us or our third-\nparty partners, and news concerning Lyft and industry developments. If you change or\ndeactivate the phone number you provided to Lyft, you agree to update your account\ninformation to help prevent us from inadvertently communicating with anyone who acquires\nyour old number. Standard text messaging charges applied by your cell phone carrier will\napply to text messages we send.\nIF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE\nFROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS\nIN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL\nCALLS OR TEXTS, YOU MAY TEXT “END” TO 46080 FROM THE MOBILE DEVICE\nRECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED\nTO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF\nUSING THE LYFT PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF\nALL TEXTS OR CALLS FROM LYFT (INCLUDING OPERATIONAL OR TRANSACTIONAL\nTEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE\nMOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT\nOPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE LYFT\nPLATFORM OR RELATED SERVICES.\nYour Information\nYour Information is any information you provide, publish or post to or through the Lyft\nPlatform (including any profile information you provide) or send to other Users (including via\nin-application feedback, any email feature, or through any Lyft-related Facebook, Twitter or\nother social media posting) (your “Information”). You consent to us using your Information to\ncreate a User account that will allow you to use the Lyft Platform and participate in the\nRideshare Services. Our collection and use of personal information in connection with the\nLyft Platform and Rideshare Services is as provided in Lyft’s Privacy Policy located\nat www.lyft.com/privacy. You are solely responsible for your Information and your interactions\nwith other members of the public, and we act only as a passive conduit for your online\nposting of your Information. You agree to provide and maintain accurate, current and\ncomplete information and that we and other members of the public may rely on your\nInformation as accurate, current and complete. To enable Lyft to use your Information for the\npurposes described in the Privacy Policy and this Agreement, you grant to us a non-\nexclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable\n(through multiple tiers) right and license to exercise the copyright, publicity, and database\nrights you have in your Information, and to use, copy, perform, display and distribute such\n\nInformation to prepare derivative works, or incorporate into other works, such Information, in\nany media now known or not currently known. Lyft does not assert any ownership over your\nInformation; rather, as between you and Lyft, subject to the rights granted to us in this\nAgreement, you retain full ownership of all of your Information and any intellectual property\nrights or other proprietary rights associated with your Information.\nPromotions, Referrals, and\nLoyalty Programs\nLyft, at its sole discretion, may make available promotions, referral programs and loyalty\nprograms with different features to any Users or prospective Users. These promotions and\nprograms, unless made to you, shall have no bearing whatsoever on your Agreement or\nrelationship with Lyft. Lyft reserves the right to withhold or deduct credits or benefits obtained\nthrough a promotion or program in the event that Lyft determines or believes that the\nredemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal,\nor in violation of the applicable promotion or program terms or this Agreement. Lyft reserves\nthe right to terminate, discontinue or cancel any promotions or programs at any time and in\nits sole discretion without notice to you.\nCurrently, Lyft’s referral program provides you with incentives to refer your friends and family\nto become new Users of the Lyft Platform in your country (the “Referral Program”). Your\nparticipation in the Referral Program is subject to this Agreement and the additional Referral\nProgram rules.\nRestricted Activities\nWith respect to your use of the Lyft Platform and your participation in the Rideshare Services,\nyou agree that you will not:\na. impersonate any person or entity;\nb. stalk, threaten, or otherwise harass any person, or carry any weapons;\nc. violate any law, statute, rule, permit, ordinance or regulation;\nd. interfere with or disrupt the Lyft Platform or the servers or networks connected to the\nLyft Platform;\ne. post Information or interact on the Lyft Platform or Rideshare Services in a manner\nwhich is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing,\nor illegal;\nf. use the Lyft Platform in any way that infringes any third party’s rights, including:\nintellectual property rights, copyright, patent, trademark, trade secret or other\nproprietary rights or rights of publicity or privacy;\ng. post, email or otherwise transmit any malicious code, files or programs designed to\ninterrupt, damage, destroy or limit the functionality of the Lyft Platform or any computer\n\nsoftware or hardware or telecommunications equipment or surreptitiously intercept or\nexpropriate any system, data or personal information;\nh. forge headers or otherwise manipulate identifiers in order to disguise the origin of any\ninformation transmitted through the Lyft Platform;\ni. “frame” or “mirror” any part of the Lyft Platform, without our prior written authorization\nor use meta tags or code or other devices containing any reference to us in order to\ndirect any person to any other web site for any purpose;\nj. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise\ndisassemble any portion of the Lyft Platform;\nk. rent, lease, lend, sell, redistribute, license or sublicense the Lyft Platform or access to\nany portion of the Lyft Platform;\nl. use any robot, spider, site search/retrieval application, or other manual or automatic\ndevice or process to retrieve, index, scrape, “data mine”, or in any way reproduce or\ncircumvent the navigational structure or presentation of the Lyft Platform or its\ncontents;\nm. link directly or indirectly to any other web sites;\nn. transfer or sell your User account, password and/or identification, or any other User's\nInformation to any other party;\no. discriminate against or harass anyone on the basis of race, national origin, religion,\ngender, gender identity or expression, physical or mental disability, medical condition,\nmarital status, age or sexual orientation;\np. violate any of the Referral Program rules if you participate in the Referral Program; or\nq. cause any third party to engage in the restricted activities above.\nDriver Representations,\nWarranties and Agreements\nBy providing Rideshare Services as a Driver on the Lyft Platform, you represent, warrant, and\nagree that:\na. You possess a valid driver’s license and are authorized and medically fit to operate a\nmotor vehicle and have all appropriate licenses, approvals and authority to provide\ntransportation to Riders in all jurisdictions in which you provide Rideshare Services.\nb. You own, or have the legal right to operate, the vehicle you use when providing\nRideshare Services; such vehicle is in good operating condition and meets the industry\nsafety standards and all applicable statutory and state department of motor vehicle\nrequirements for a vehicle of its kind; and any and all applicable safety recalls have\nbeen remedied per manufacturer instructions.\nc. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle\nthat is unsafe to drive, permit an unauthorized third party to accompany you in the\nvehicle while providing Rideshare Services, provide Services as a Driver while under\nthe influence of alcohol or drugs, or take action that harms or threatens to harm the\nsafety of the Lyft community or third parties.\nd. You will only provide Rideshare Services using the vehicle that has been reported to,\nand approved by Lyft, and for which a photograph has been provided to Lyft, and you\nwill not transport more passengers than can securely be seated in such vehicle (and\nno more than seven (7) passengers in any instance).\n\ne. You will not, while providing the Rideshare Services, operate as a public or common\ncarrier or taxi service, accept street hails, charge for rides (except as expressly\nprovided in this Agreement), demand that a rider pay in cash, or use a credit card\nreader, such as a Square Reader, to accept payment or engage in any other activity in\na manner that is inconsistent with your obligations under this Agreement.\nf. You will not attempt to defraud Lyft or Riders on the Lyft Platform or in connection with\nyour provision of Rideshare Services. If we suspect that you have engaged in\nfraudulent activity we may withhold applicable Fares or other payments for the ride(s)\nin question and take any other action against you available under the law.\ng. You will not discriminate against Riders with disabilities and agree to review Lyft’s Anti-\nDiscrimination Policies. You will make reasonable accommodation as required by law\nand our Service Animal Policy and Wheelchair Policy for Riders who travel with their\nservice animals or who use wheelchairs (or other mobility devices) that can be folded\nfor safe and secure storage in the car’s trunk or backseat.\nh. You agree that we may obtain information about you, including your criminal and\ndriving records, and you agree to provide any further necessary authorizations to\nfacilitate our access to such records during the term of the Agreement.\ni. You have a valid policy of liability insurance (in coverage amounts consistent with all\napplicable legal requirements) that names or schedules you for the operation of the\nvehicle you use to provide Rideshare Services.\nj. You will pay all applicable federal, state and local taxes based on your provision of\nRideshare Services and any payments received by you.\nIntellectual Property\nAll intellectual property rights in the Lyft Platform shall be owned by Lyft absolutely and in\ntheir entirety. These rights include database rights, copyright, design rights (whether\nregistered or unregistered), trademarks (whether registered or unregistered) and other similar\nrights wherever existing in the world together with the right to apply for protection of the\nsame. All other trademarks, logos, service marks, company or product names set forth in the\nLyft Platform are the property of their respective owners. You acknowledge and agree that\nany questions, comments, suggestions, ideas, feedback or other information (“Submissions”)\nprovided by you to us are non-confidential and shall become the sole property of Lyft. Lyft\nshall own exclusive rights, including all intellectual property rights, and shall be entitled to the\nunrestricted use and dissemination of these Submissions for any purpose, commercial or\notherwise, without acknowledgment or compensation to you.\nLYFT and other Lyft logos, designs, graphics, icons, scripts and service names are registered\ntrademarks, trademarks or trade dress of Lyft in the United States and/or other countries\n(collectively, the “Lyft Marks”). If you provide Rideshare Services as a Driver, Lyft grants to\nyou, during the term of this Agreement, and subject to your compliance with the terms and\nconditions of this Agreement, a limited, revocable, non-exclusive license to display and use\nthe Lyft Marks solely on the Lyft stickers/decals, Lyft Amp, and any other Lyft-branded items\nprovided by Lyft directly to you in connection with providing the Rideshare Services\n(“License”). The License is non-transferable and non-assignable, and you shall not grant to\nany third party any right, permission, license or sublicense with respect to any of the rights\n\ngranted hereunder without Lyft’s prior written permission, which it may withhold in its sole\ndiscretion. The Lyft logo (or any Lyft Marks) may not be used in any manner that is likely to\ncause confusion, including but not limited to: use of a Lyft Mark in a domain name or Lyft\nreferral code, or use of a Lyft Mark as a social media handle or name, avatar, profile photo,\nicon, favicon, or banner. You may identify yourself as a Driver on the Lyft Platform, but may\nnot misidentify yourself as Lyft, an employee of Lyft, or a representative of Lyft.\nYou acknowledge that Lyft is the owner and licensor of the Lyft Marks, including all goodwill\nassociated therewith, and that your use of the Lyft logo (or any Lyft Marks) will confer no\ninterest in or ownership of the Lyft Marks in you but rather inures to the benefit of Lyft. You\nagree to use the Lyft logo strictly in accordance with Lyft’s Brand Guidelines, as may be\nprovided to you and revised from time to time, and to immediately cease any use that Lyft\ndetermines to nonconforming or otherwise unacceptable.\nYou agree that you will not: (1) create any materials that use the Lyft Marks or any derivatives\nof the Lyft Marks as a trademark, service mark, trade name or trade dress, other than as\nexpressly approved by Lyft in writing; (2) use the Lyft Marks in any way that tends to impair\ntheir validity as proprietary trademarks, service marks, trade names or trade dress, or use the\nLyft Marks other than in accordance with the terms, conditions and restrictions herein; (3)\ntake any other action that would jeopardize or impair Lyft’s rights as owner of the Lyft Marks\nor the legality and/or enforceability of the Lyft Marks, including, challenging or opposing Lyft’s\nownership in the Lyft Marks; (4) apply for trademark registration or renewal of trademark\nregistration of any of the Lyft Marks, any derivative of the Lyft Marks, any combination of the\nLyft Marks and any other name, or any trademark, service mark, trade name, symbol or word\nwhich is similar to the Lyft Marks; (5) use the Lyft Marks on or in connection with any product,\nservice or activity that is in violation of any law, statute, government regulation or standard.\nYou agree you will not rent, lease, lend, sell, or otherwise redistribute the Lyft driver amp, or\nmanufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Lyft\ndriver amps or other Lyft Marks or (including but not limited to signage, stickers, apparel, or\ndecals) from any source other than directly from Lyft.\nViolation of any provision of this License may result in immediate termination of the License,\nin Lyft’s sole discretion, a takedown request sent to the appropriate ISP, or social media\nplatform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or\nequivalent proceeding). If you create any materials (physical or digital) bearing the Lyft Marks\n(in violation of this Agreement or otherwise), you agree that upon their creation Lyft\nexclusively owns all right, title and interest in and to such materials, including any\nmodifications to the Lyft Marks or derivative works based on the Lyft Marks or Lyft copyrights.\nYou further agree to assign any interest or right you may have in such materials to Lyft, and\nto provide information and execute any documents as reasonably requested by Lyft to enable\nLyft to formalize such assignment.\nLyft respects the intellectual property of others, and expects Users to do the same. If you\nbelieve, in good faith, that any materials on the Lyft Platform infringe upon your copyrights,\n\nplease view our Copyright Policy for information on how to make a copyright complaint.\nDisclaimers\nThe following disclaimers are made on behalf of Lyft, our affiliates, subsidiaries, parents,\nsuccessors and assigns, and each of our respective officers, directors, employees, agents,\nand shareholders.\nLyft does not provide transportation services, and Lyft is not a transportation carrier. Lyft is\nnot a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a\nride to a Rider contacted through the Lyft Platform, and it is up to the Rider to decide whether\nor not to accept a ride from any Driver contacted through the Lyft Platform. We cannot ensure\nthat a Driver or Rider will complete an arranged transportation service. We have no control\nover the quality or safety of the transportation that occurs as a result of the Rideshare\nServices.\nThe Lyft Platform is provided on an “as is” basis and without any warranty or condition,\nexpress, implied or statutory. We do not guarantee and do not promise any specific results\nfrom use of the Lyft Platform and/or the Rideshare Services, including the ability to provide or\nreceive Rideshare Services at any given location or time. Lyft reserves the right, for example,\nto limit or eliminate access to the Lyft Platform for Rideshare Services in specific geographic\nareas and/or at specific times based on commercial viability, public health concerns, or\nchanges in law. To the fullest extent permitted by law, we specifically disclaim any implied\nwarranties of title, merchantability, fitness for a particular purpose and non-infringement.\nSome states do not allow the disclaimer of implied warranties, so the foregoing disclaimer\nmay not apply to you.\nWe do not warrant that your use of the Lyft Platform or Rideshare Services will be accurate,\ncomplete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet\nyour requirements, that any defects in the Lyft Platform will be corrected, or that the Lyft\nPlatform is free of viruses or other harmful components. We disclaim liability for, and no\nwarranty is made with respect to, connectivity and availability of the Lyft Platform or\nRideshare Services.\nWe cannot guarantee that each Rider or Driver is who he or she claims to be. Please use\ncommon sense when using the Lyft Platform and Rideshare Services, including looking at the\nphotos of the Driver or Rider you have matched with to make sure it is the same individual\nyou see in person. Please note that there are also risks of dealing with underage persons or\npeople acting under false pretense, and we do not accept responsibility or liability for any\ncontent, communication or other use or access of the Lyft Platform by persons under the age\nof 18 in violation of this Agreement. We encourage you to communicate directly with each\npotential Driver or Rider prior to engaging in an arranged transportation service.\n\nLyft is not responsible for the conduct, whether online or offline, of any User of the Lyft\nPlatform or Rideshare Services. You are solely responsible for your interactions with other\nUsers. We do not procure insurance for, nor are we responsible for, personal belongings left\nin the car by Drivers or Riders. By using the Lyft Platform and participating in the Rideshare\nServices, you agree to accept such risks and agree that Lyft is not responsible for the acts or\nomissions of Users on the Lyft Platform or participating in the Rideshare Services.\nYou are responsible for the use of your User account and Lyft expressly disclaims any liability\narising from the unauthorized use of your User account. Should you suspect that any\nunauthorized party may be using your User account or you suspect any other breach of\nsecurity, you agree to notify us immediately.\nIt is possible for others to obtain information about you that you provide, publish or post to or\nthrough the Lyft Platform (including any profile information you provide), send to other Users,\nor share during the Rideshare Services, and to use such information to harass or harm you.\nWe are not responsible for the use of any personal information that you disclose to other\nUsers on the Lyft Platform or through the Rideshare Services. Please carefully select the\ntype of information that you post on the Lyft Platform or through the Rideshare Services or\nrelease to others. We disclaim all liability, regardless of the form of action, for the acts or\nomissions of other Users (including unauthorized users, or “hackers”).\nOpinions, advice, statements, offers, or other information or content concerning Lyft or made\navailable through the Lyft Platform, but not directly by us, are those of their respective\nauthors, and should not necessarily be relied upon. Such authors are solely responsible for\nsuch content. Under no circumstances will we be responsible for any loss or damage\nresulting from your reliance on information or other content posted by third parties, whether\non the Lyft Platform or otherwise. We reserve the right, but we have no obligation, to monitor\nthe materials posted on the Lyft Platform and remove any such material that in our sole\nopinion violates, or is alleged to violate, the law or this agreement or which might be\noffensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or\nothers.\nLocation data provided by the Lyft Platform is for basic location purposes only and is not\nintended to be relied upon in situations where precise location information is needed or\nwhere erroneous, inaccurate or incomplete location data may lead to death, personal injury,\nproperty or environmental damage. Neither Lyft, nor any of its content providers, guarantees\nthe availability, accuracy, completeness, reliability, or timeliness of location data tracked or\ndisplayed by the Lyft Platform. Any of your Information, including geolocational data, you\nupload, provide, or post on the Lyft Platform may be accessible to Lyft and certain Users of\nthe Lyft Platform.\nLyft advises you to use the Lyft Platform with a data plan with unlimited or very high data\nusage limits, and Lyft shall not be responsible or liable for any fees, costs, or overage\ncharges associated with any data plan you use to access the Lyft Platform.\n\nThis paragraph applies to any version of the Lyft Platform that you acquire from the Apple\nApp Store. This Agreement is entered into between you and Lyft. Apple, Inc. (“Apple”) is not\na party to this Agreement and shall have no obligations with respect to the Lyft Platform. Lyft,\nnot Apple, is solely responsible for the Lyft Platform and the content thereof as set forth\nhereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this\nAgreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be\ndeemed to have accepted the right) to enforce this Agreement against you as a third-party\nbeneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application\nEnd User License Agreement, for purposes of which, you are “the end-user.” In the event of a\nconflict in the terms of the Licensed Application End User License Agreement and this\nAgreement, the terms of this Agreement shall control.\nAs a Driver, you may be able to use \"Lyft Nav built by Google\" while providing Rideshare\nServices on the Platform. Riders and Drivers may also use Google Maps while using the Lyft\nApp. In either case, you agree that Google may collect your location data when the Lyft App\nis running in order to provide and improve Google's services, that such data may also be\nshared with Lyft in order to improve its operations, and that Google's terms and privacy\npolicy will apply to this usage.\nLyft shall not be in breach of this Agreement nor liable for failure or delay in performing\nobligations under this Agreement if such failure or delay results from events, circumstances\nor causes beyond its reasonable control including (without limitation) natural disasters or acts\nof God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or\npandemic; chemical or biological contamination; strikes, riots, or acts of domestic or\ninternational terrorism; quarantines; national or regional emergencies; or any other cause,\nwhether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control.\nAll service dates under this Agreement affected by force majeure shall be tolled for the\nduration of such force majeure. The parties hereby agree, when feasible, not to cancel but\nreschedule the pertinent obligations as soon as practicable after the force majeure condition\nceases to exist.\nState and Local Disclosures\nCertain jurisdictions require additional disclosures to you. You can view any disclosures\nrequired by your local jurisdiction at www.lyft.com/terms/disclosures. We will update the\ndisclosures page as jurisdictions add, remove or amend these required disclosures, so\nplease check in regularly for updates.\nIndemnity\n\nYou will defend, indemnify, and hold Lyft including our affiliates, subsidiaries, parents,\nsuccessors and assigns, and each of our respective officers, directors, employees, agents, or\nshareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses\n(including reasonable attorneys’ fees) relating to or arising out of your use of the Lyft Platform\nand participation in the Rideshare Services, including: (1) your breach of this Agreement or\nthe documents it incorporates by reference; (2) your violation of any law or the rights of a\nthird party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your\nown interaction with such third party; (3) any allegation that any materials that you submit to\nus or transmit through the Lyft Platform or to us infringe or otherwise violate the copyright,\ntrademark, trade secret or other intellectual property or other rights of any third party; (4) your\nownership, use or operation of a motor vehicle or passenger vehicle, including your provision\nof Rideshare Services as a Driver; and/or (5) any other activities in connection with the\nRideshare Services. This indemnity shall be applicable without regard to the negligence of\nany party, including any indemnified person.\nLimitation of Liability\nIN NO EVENT WILL LYFT, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS,\nSUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS,\nDIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “LYFT”\nFOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL,\nSPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES\n(INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF\nPROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT\nMAINTAINED OR TRANSMITTED BY THE LYFT PLATFORM, SERVICE INTERRUPTIONS,\nOR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF\nOR IN CONNECTION WITH THE LYFT PLATFORM, RIDESHARE SERVICES, OR THIS\nAGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR\nAGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES. THE LYFT PLATFORM MAY BE USED BY YOU TO\nREQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH\nTHIRD-PARTY PROVIDERS, BUT YOU AGREE THAT LYFT HAS NO RESPONSIBILITY\nOR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER\nSERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS\nEXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT\nALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS\nAPPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR\nLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.\nTerm and Termination\n\nThis Agreement is effective upon your acceptance of this Agreement. This Agreement may\nbe terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Lyft; or\nb) by either Party immediately, without notice, upon the other Party’s material breach of this\nAgreement, including but not limited to any breach of Section 9 or breach of Section 10(a)\nthrough (i) of this Agreement. In addition, Lyft may terminate this Agreement or deactivate\nyour User account immediately in the event: (1) you no longer qualify to provide Rideshare\nServices or to operate the approved vehicle under applicable law, rule, permit, ordinance or\nregulation; (2) you fall below Lyft’s star rating or cancellation threshold; (3) Lyft has the good\nfaith belief that such action is necessary to protect the safety of the Lyft community or third\nparties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be\ngiven notice of the potential or actual deactivation and an opportunity to attempt to cure the\nissue to Lyft’s reasonable satisfaction prior to Lyft permanently terminating the Agreement.\nFor all other breaches of this Agreement, you will be provided notice and an opportunity to\ncure the breach. If the breach is cured in a timely manner and to Lyft’s satisfaction, this\nAgreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license),\n11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.\nDISPUTE RESOLUTION AND\nARBITRATION AGREEMENT\n(a) Agreement to Binding Arbitration Between You and Lyft.\nYOU AND LYFT MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO\nRESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE\nTO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to\narbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if\nthe FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the\nlaws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to\nchoice of law principles. This Arbitration Agreement survives after the Agreement terminates\nor your relationship with Lyft ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL\nTAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS\nARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement\napplies to all Claims (defined below) between you and Lyft, including our affiliates,\nsubsidiaries, parents, successors and assigns, and each of our respective officers, directors,\nemployees, agents, or shareholders. This Arbitration Agreement also applies to claims\nbetween you and Lyft’s service providers, including but not limited to background check\nproviders and payment processors; and such service providers shall be considered intended\nthird-party beneficiaries of this Arbitration Agreement.\nExcept as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A\n“CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY\nBINDING ARBITRATION SOLELY BETWEEN YOU AND LYFT. These Claims include, but\n\nare not limited to, any dispute, claim or controversy, whether based on past, present, or\nfuture events, arising out of or relating to: this Agreement and prior versions thereof\n(including the breach, termination, enforcement, interpretation or validity thereof), the Lyft\nPlatform, the Rideshare Services, rental or use of bikes or scooters through the Lyft Platform,\nLyft promotions, gift card, referrals or loyalty programs, any other goods or services made\navailable through the Lyft Platform, your relationship with Lyft, the threatened or actual\nsuspension, deactivation or termination of your User Account or this Agreement, background\nchecks performed by or on Lyft’s behalf, payments made by you or any payments made or\nallegedly owed to you, any promotions or offers made by Lyft, any city, county, state or\nfederal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest\nperiods, expense reimbursement, wrongful termination, discrimination, harassment,\nretaliation, fraud, defamation, emotional distress, breach of any express or implied contract\nor covenant, claims arising under federal or state consumer protection laws; claims arising\nunder antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair\nCredit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights\nAct of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older\nWorkers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act,\nEmployee Retirement Income Security Act of 1974 (except for individual claims for employee\nbenefits under any benefit plan sponsored by Lyft and covered by the Employee Retirement\nIncome Security Act of 1974 or funded by insurance), and state statutes, if any, addressing\nthe same or similar subject matters, and all other federal and state statutory and common law\nclaims. All disputes concerning the arbitrability of a Claim (including disputes about the\nscope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall\nbe decided by the arbitrator, except as expressly provided below.\nBY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND LYFT ARE\nWAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS,\nEXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.\nThis Arbitration Agreement is intended to require arbitration of every claim or dispute that can\nlawfully be arbitrated, except for those claims and disputes which by the terms of this\nArbitration Agreement are expressly excluded from the requirement to arbitrate.\n(b) Prohibition of Class Actions and Non-Individualized Relief.\nYOU UNDERSTAND AND AGREE THAT YOU AND LYFT MAY EACH BRING CLAIMS IN\nARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON\nA CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION\nWAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND LYFT BOTH ARE WAIVING\nTHE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS\nMEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE\nPROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL\nNOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS\nBROUGHT AGAINST LYFT, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).\n\nThe arbitrator shall have no authority to consider or resolve any Claim or issue any relief on\nany basis other than an individual basis. The arbitrator shall have no authority to consider or\nresolve any Claim or issue any relief on a class, collective, or representative basis. The\narbitrator may award declaratory or injunctive relief only in favor of the individual party\nseeking relief and only to the extent necessary to provide relief warranted by that party's\nindividual claims.\nNotwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA\nRules, disputes regarding the interpretation, applicability, or enforceability of the Class Action\nWaiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the\ndispute is filed as a class, collective, or representative action and (2) there is a final judicial\ndetermination that the Class Action Waiver is unenforceable with respect to any Claim or any\nparticular remedy for a Claim (such as a request for public injunctive relief), then that Claim\nor particular remedy (and only that Claim or particular remedy) shall be severed from any\nremaining claims and/or remedies and may be brought in a court of competent jurisdiction,\nbut the Class Action Waiver shall be enforced in arbitration on an individual basis as to all\nother Claims or remedies to the fullest extent possible.\n(c) Representative PAGA Waiver.\nNotwithstanding any other provision of this Agreement or the Arbitration Agreement, to the\nfullest extent permitted by law: (1) you and Lyft agree not to bring a representative action on\nbehalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor\nCode § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private\nattorney general basis, including under the California PAGA, both you and Lyft agree that any\nsuch dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve\nwhether you have personally been aggrieved or subject to any violations of law), and that\nsuch an action may not be used to resolve the claims or rights of other individuals in a single\nor collective proceeding (i.e., to resolve whether other individuals have been aggrieved or\nsubject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding\nany other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes\nregarding the scope, applicability, enforceability, revocability or validity of this representative\nPAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an\narbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or\nunlawful for any reason: (i) the unenforceable provision shall be severed from this\nAgreement; (ii) severance of the unenforceable provision shall have no impact whatsoever\non the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on\nan individual basis pursuant to the Arbitration Agreement; and (iii) any such representative\nPAGA or other representative private attorneys general act claims must be litigated in a civil\ncourt of competent jurisdiction and not in arbitration. To the extent that there are any Claims\nto be litigated in a civil court of competent jurisdiction because a civil court of competent\njurisdiction determines that the representative PAGA Waiver is unenforceable with respect to\nthose Claims, the Parties agree that litigation of those Claims shall be stayed pending the\noutcome of any individual Claims in arbitration.\n(d) Rules Governing the Arbitration.\n\nAny arbitration conducted pursuant to this Arbitration Agreement shall be administered by the\nAmerican Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are\nin effect at the time the arbitration is initiated, as modified by the terms set forth in this\nAgreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the\n“AAA Rules”). Notwithstanding the foregoing, if requested by you and if proper based on the\nfacts and circumstances of the Claims presented, the arbitrator shall have the discretion to\nselect a different set of AAA Rules, but in no event shall the arbitrator consolidate more than\none person’s Claims, or otherwise preside over any form of representative, collective, or\nclass proceeding. The parties may select a different arbitration administrator upon mutual\nwritten agreement.\nAs part of the arbitration, both you and Lyft will have the opportunity for reasonable discovery\nof non-privileged information that is relevant to the Claim. The arbitrator may award any\nindividualized remedies that would be available in court. The arbitrator may award\ndeclaratory or injunctive relief only in favor of the individual party seeking relief and only to\nthe extent necessary to provide relief warranted by that party's individual claims. The\narbitrator will provide a reasoned written statement of the arbitrator’s decision which shall\nexplain the award given and the findings and conclusions on which the decision is based.\nThe arbitrator will decide the substance of all claims in accordance with applicable law, and\nwill honor all claims of privilege recognized by law. The arbitrator shall not be bound by\nrulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior\narbitrations involving the same Rider or Driver to the extent required by applicable law. The\narbitrator’s award shall be final and binding and judgment on the award rendered by the\narbitrator may be entered in any court having jurisdiction thereof, provided that any award\nmay be challenged in a court of competent jurisdiction.\n(e) Arbitration Fees and Awards.\nThe payment of filing and arbitration fees will be governed by the relevant AAA Rules subject\nto the following modifications:\n1. If Lyft initiates arbitration under this Arbitration Agreement, Lyft will pay all AAA filing\nand arbitration fees.\n2. With respect to any Claims brought by Lyft against a Driver, or for Claims brought by a\nDriver against Lyft that: (A) are based on an alleged employment relationship between\nLyft and a Driver; (B) arise out of, or relate to, Lyft’s actual deactivation of a Driver’s\nUser account or a threat by Lyft to deactivate a Driver’s User account; (C) arise out of,\nor relate to, Lyft’s actual termination of a Driver’s Agreement with Lyft under the\ntermination provisions of this Agreement, or a threat by Lyft to terminate a Driver’s\nAgreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including\nLyft’s commission or fees on the Fares), tips, or average hourly guarantees owed by\nLyft to Drivers for Rideshare Services, other than disputes relating to referral bonuses,\nother Lyft promotions, or consumer-type disputes, or (E) arise out of or relate to\nbackground checks performed in connection with a user seeking to become a Driver\n(the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Driver\nClaims”), Lyft shall pay all costs unique to arbitration (as compared to the costs of\nadjudicating the same claims before a court), including the regular and customary\n\narbitration fees and expenses (to the extent not paid by Lyft pursuant to the fee\nprovisions above). However, if you are the party initiating the Driver Claim, you shall be\nresponsible for contributing up to an amount equal to the filing fee that would be paid\nto initiate the claim in the court of general jurisdiction in the state in which you provide\nRideshare Services to Riders, unless a lower fee amount would be owed by you\npursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as\nto whether a cost is unique to arbitration shall be resolved by the arbitrator. For\npurposes of this Section 17(e)(2), the term “Driver” shall be deemed to include both\nDrivers and Driver applicants who have not been approved to drive.\n3. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents,\neach party shall pay its own attorneys’ fees and pay any costs that are not unique to\nthe arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a\ncourt such as costs to subpoena witnesses and/or documents, take depositions and\npurchase deposition transcripts, copy documents, etc.).\n4. At the end of any arbitration, the arbitrator may award reasonable fees and costs or\nany portion thereof to you if you prevail, to the extent authorized by applicable law.\n5. Although under some laws Lyft may have a right to an award of attorneys' fees and\nnon-filing fee expenses if it prevails in an arbitration, Lyft agrees that it will not seek\nsuch an award unless you are represented by an attorney or the arbitrator has\ndetermined that the claim is frivolous or brought for an improper purpose (as measured\nby the standards of Federal Rule of Civil Procedure 11(b)).\n6. If the arbitrator issues you an award that is greater than the value of Lyft’s last written\nsettlement offer made after you participated in good faith in the optional Negotiation\nprocess described in subsection (k) below, then Lyft will pay you the amount of the\naward or U.S. $1,000, whichever is greater.\n(f) Location and Manner of Arbitration.\nUnless you and Lyft agree otherwise, any arbitration hearings between Lyft and a Rider will\ntake place in the county of your billing address, and any arbitration hearings between Lyft\nand a Driver will take place in the county in which the Driver provides Rideshare Services. If\nAAA arbitration is unavailable in your county, the arbitration hearings will take place in the\nnearest available location for a AAA arbitration. Your right to a hearing will be determined by\nthe AAA Rules.\n(g) Exceptions to Arbitration.\nThis Arbitration Agreement shall not require arbitration of the following types of claims: (1)\nsmall claims actions brought on an individual basis that are within the scope of such small\nclaims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA\nor other private attorneys general acts, to the extent the representative PAGA Waiver in\nSection 17(c) of such action is deemed unenforceable by a court of competent jurisdiction\nunder applicable law not preempted by the FAA; (3) claims for workers’ compensation, state\ndisability insurance and unemployment insurance benefits; (4) claims that may not be subject\nto arbitration as a matter of generally applicable law not preempted by the FAA; and (5)\nindividual claims of sexual assault or sexual harassment in connection with the use of the Lyft\nPlatform or Rideshare Services. Where these claims are brought in a court of competent\njurisdiction, Lyft will not require arbitration of those claims. Lyft's agreement not to require\narbitration of these claims does not waive the enforceability of any other provision of this\nArbitration Agreement (including without limitation the waivers provided in Section 17(b)), or\n\nof the enforceability of this Arbitration Agreement as to any other dispute, claim, or\ncontroversy.\nNothing in this Arbitration Agreement prevents you from making a report to or filing a claim or\ncharge with the Equal Employment Opportunity Commission, U.S. Department of Labor,\nSecurities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of\nFederal Contract Compliance Programs, or similar local, state or federal agency, and nothing\nin this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an\nadministrative claim before any agency in order to fulfill the party's obligation to exhaust\nadministrative remedies before making a claim in arbitration However, should you bring an\nadministrative claim, you may only seek or recover money damages of any type pursuant to\nthis Arbitration Provision, and you knowingly and voluntarily waive the right to seek or\nrecover money damages of any type pursuant to any administrative complaint, except for a\ncomplaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only\nrecover money damages if such recovery does not arise from or relate to a claim previously\nadjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover\nmoney damages under this Arbitration Provision if you have already adjudicated such claim\nwith the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your\nparticipation in an investigation by a government agency of any report, claim or charge\notherwise covered by this Arbitration Provision.\n(h) Severability.\nExcept as otherwise provided in the severability provisions in subsections (b) and (c) above,\nin the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable\nunder applicable law not preempted by the FAA, such provision shall be severed and the\nremainder of the Arbitration Agreement shall be given full force and effect.\n(i) Driver Claims in Pending Settlement.\nIf you are a member of a putative class in a lawsuit against Lyft involving Driver Claims and a\nMotion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit\nprior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration\nAgreement shall not apply to your Driver Claims in that particular class action. Instead, your\nDriver Claims in that Pending Settlement Action shall continue to be governed by the\narbitration provisions contained in the applicable Agreement that you accepted prior to this\nAgreement’s effective date.\n(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.\nAs a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims\ndefined in Section 17(e)(2) (except as limited by Section 17(i) above) pursuant to the terms of\nthis subsection if you have not previously agreed to an arbitration provision in Lyft’s Terms of\nService where you had the opportunity to opt out of the requirement to arbitrate. If you have\npreviously agreed to such an arbitration provision, you may opt out of any revisions to your\nprior arbitration agreement made by this provision in the manner specified below, but opting\nout of this arbitration provision has no effect on any previous, other, or future arbitration\nagreements that you may have with Lyft. If you have not previously agreed to such an\n\narbitration provision and do not wish to be subject to this Arbitration Agreement with respect\nto Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than\nthose in a Pending Settlement Action, by notifying Lyft in writing of your desire to opt out of\narbitration for such Driver Claims, which writing must be dated, signed and delivered by\nelectronic mail to [email protected].\nIn order to be effective, (A) the writing must clearly indicate your intent to opt out of this\nArbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement\nAction, (B) the writing must include the name, phone number, and email address associated\nwith your User Account, and (C) the email containing the signed writing must be sent within\n30 days of the date this Agreement is executed by you. Should you not opt out within the 30-\nday period, you and Lyft shall be bound by the terms of this Arbitration Agreement in full\n(including with respect to Driver Claims that are not part of a Pending Settlement Action). As\nprovided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver\nClaims that are part of a Pending Settlement Action and your Driver Claims in any such\nPending Settlement Action shall continue to be governed by the arbitration provisions that\nare contained in the applicable Lyft Terms of Use that you agreed to prior to the effective date\nof this Agreement.\nCases have been filed against Lyft and may be filed in the future involving Driver Claims. You\nshould assume that there are now, and may be in the future, lawsuits against Lyft alleging\nclass, collective, and/or representative Driver Claims in which the plaintiffs seek to act on\nyour behalf, and which, if successful, could result in some monetary recovery to you. But if\nyou do agree to arbitration of Driver Claims with Lyft under this Arbitration Agreement, you\nare agreeing in advance that you will bring all such claims, and seek all monetary and other\nrelief, against Lyft in an individual arbitration, except for the Driver Claims that are part of a\nPending Settlement Action. You are also agreeing in advance that you will not participate in,\nor seek to recover monetary or other relief, for such claims in any court action or class,\ncollective, and/or representative action. You have the right to consult with counsel of your\nchoice concerning this Arbitration Agreement and you will not be subject to retaliation if you\nexercise your right to assert claims or opt-out of any Driver Claims under this Arbitration\nAgreement.\n(k) Optional Pre-Arbitration Negotiation Process.\nBefore initiating any arbitration or proceeding, you and Lyft may agree to first attempt to\nnegotiate any dispute, claim or controversy between the parties informally for 30 days, unless\nthis time period is mutually extended by you and Lyft. A party who intends to seek negotiation\nunder this subsection must first send to the other a written notice of the dispute (“Notice”).\nThe Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth\nthe specific relief sought. All offers, promises, conduct and statements, whether oral or\nwritten, made in the course of the negotiation by any of the parties, their agents, employees,\nand attorneys are confidential, privileged and inadmissible for any purpose, including as\nevidence of liability or for impeachment, in arbitration or other proceeding involving the\n\nparties, provided that evidence that is otherwise admissible or discoverable shall not be\nrendered inadmissible or non-discoverable as a result of its use in the negotiation.\nConfidentiality\nYou agree not to use any technical, financial, strategic and other proprietary and confidential\ninformation relating to Lyft’s business, operations and properties, information about a User\nmade available to you in connection with such User’s use of the Platform, which may include\nthe User’s name, pick-up location, contact information and photo (“Confidential Information”)\ndisclosed to you by Lyft for your own use or for any purpose other than as contemplated\nherein. You shall not disclose or permit disclosure of any Confidential Information to third\nparties, and you agree not to store separate and outside of the Lyft Platform any User\nInformation obtained from the Lyft Platform. As a Driver, you understand that some of Rider\nInformation you receive may be protected by federal and/or state confidentiality laws, such as\nthe Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the\nprivacy and security of protected (patient) health information. In the event that you know a\nRider, you should not disclose to anyone the identity of the Rider or the location that you\npicked up, or dropped off the Rider, as this could violate HIPAA. You understand that any\nviolation of the Agreement’s confidentiality provisions may violate HIPAA or state\nconfidentiality laws and could result in civil or criminal penalties against you. You agree to\ntake all reasonable measures to protect the secrecy of and avoid disclosure or use of\nConfidential Information of Lyft in order to prevent it from falling into the public domain.\nNotwithstanding the above, you shall not have liability to Lyft with regard to any Confidential\nInformation which you can prove: was in the public domain at the time it was disclosed by\nLyft or has entered the public domain through no fault of yours; was known to you, without\nrestriction, at the time of disclosure, as demonstrated by files in existence at the time of\ndisclosure; is disclosed with the prior written approval of Lyft; becomes known to you, without\nrestriction, from a source other than Lyft without breach of this Agreement by you and\notherwise not in violation of Lyft’s rights; or is disclosed pursuant to the order or requirement\nof a court, administrative agency, or other governmental body; provided, however, that You\nshall provide prompt notice of such court order or requirement to Lyft to enable Lyft to seek a\nprotective order or otherwise prevent or restrict such disclosure.\nRelationship with Lyft\nAs a Driver on the Lyft Platform, you acknowledge and agree that you and Lyft are in a direct\nbusiness relationship, and the relationship between the parties under this Agreement is\nsolely that of independent contracting parties. You and Lyft expressly agree that (1) this is not\nan employment agreement and does not create an employment relationship between you\nand Lyft; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is\n\nintended or created by this Agreement. You have no authority to bind Lyft, and you undertake\nnot to hold yourself out as an employee, agent or authorized representative of Lyft.\nLyft does not, and shall not be deemed to, direct or control you generally or in your\nperformance under this Agreement specifically, including in connection with your provision of\nRideshare Services, your acts or omissions, or your operation and maintenance of your\nvehicle. You retain the sole right to determine when, where, and for how long you will utilize\nthe Lyft Platform. Lyft does not, and shall not be deemed to, unilaterally prescribe specific\ndates, times of day, or any minimum number of hours for you to utilize the Lyft Platform. You\nretain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via\nthe Lyft Platform, or to cancel an accepted request for Rideshare Services via the Lyft\nPlatform, subject to Lyft’s then-current cancellation policies. Lyft does not, and shall not be\ndeemed to, require you to accept any specific request for Rideshare Services as a condition\nof maintaining access to the platform. With the exception of any signage required by law or\npermit/license rules or requirements, Lyft shall have no right to require you to: (a) display\nLyft’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing\ndisplaying Lyft’s names, logos or colors. You acknowledge and agree that you have complete\ndiscretion to provide Rideshare Services or otherwise engage in any other business or\nemployment activities, including but not limited to providing services similar to the Rideshare\nServices to other companies, and that Lyft does not, and shall not be deemed to, restrict you\nfrom engaging in any such activity.\nOther Services\nIn addition to connecting Riders with Drivers, the Lyft Platform may enable Users to provide\nor receive services from other third parties. For example, Users may be able to use the Lyft\nPlatform to plan and reserve rides on public transportation, take a ride in an autonomous\nvehicle provided by a third party, rent vehicles, or obtain financial services provided by third\nparties (collectively, the “Other Services”). You understand that the Other Services are\nsubject to the terms and pricing of the third-party provider. If you choose to purchase Other\nServices through the Lyft Platform, you authorize Lyft to charge your payment method on file\naccording to the pricing terms set by the third-party provider. You agree that Lyft is not\nresponsible and may not be held liable for the Other Services or the actions or omissions of\nthe third-party provider. Such Other Services may not be investigated, monitored or checked\nfor accuracy, appropriateness, or completeness by us, and we are not responsible for any\nOther Services accessed through the Lyft Platform. This Agreement incorporates by\nreference ADT Mobile Security Monitoring Terms. In the event of a conflict in the terms of the\nADT Mobile Security Monitoring Terms and this Agreement, the terms of this Agreement shall\ncontrol with respect to Lyft and your agreements with Lyft herein, and the limitations of liability\nset forth in Section 15 above shall also apply to ADT. The Dispute Resolution and Arbitration\nAgreement provisions in Section 17 above shall apply instead of any terms in the ADT Mobile\n\nSecurity Monitoring Terms for all purposes except with respect to claims that are solely\nagainst ADT.\nGeneral\nExcept as provided in Section 17, this Agreement shall be governed by the laws of the State\nof California without regard to choice of law principles. This choice of law provision is only\nintended to specify the use of California law to interpret this Agreement and is not intended to\ncreate any other substantive right to non- Californians to assert claims under California law\nwhether by statute, common law, or otherwise. If any provision of this Agreement is or\nbecomes invalid or non- binding, the parties shall remain bound by all other provisions of this\nAgreement. In that event, the parties shall replace the invalid or non-binding provision with\nprovisions that are valid and binding and that have, to the greatest extent possible, a similar\neffect as the invalid or non-binding provision, given the contents and purpose of this\nAgreement. You agree that this Agreement and all incorporated agreements may be\nautomatically assigned by Lyft, in our sole discretion by providing notice to you. Except as\nexplicitly stated otherwise, any notices to Lyft shall be given by certified mail, postage prepaid\nand return receipt requested to Lyft, Inc., 548 Market Street, #68514 San Francisco, CA\n94104. Any notices to you shall be provided to you through the Lyft Platform or given to you\nvia the email address or physical you provide to Lyft during the registration process.\nHeadings are for reference purposes only and in no way define, limit, construe or describe\nthe scope or extent of such section. The words “include”, “includes” and “including” are\ndeemed to be followed by the words “without limitation”. A party’s failure to act with respect to\na breach by the other party does not constitute a waiver of the party’s right to act with respect\nto subsequent or similar breaches. This Agreement sets forth the entire understanding and\nagreement between you and Lyft with respect to the subject matter hereof and supersedes all\nprevious understandings and agreements between the parties, whether oral or written.\nIf you have any questions regarding the Lyft Platform or Rideshare Services, please contact\nus through our Help Center.\nLyft Privacy Policy\nLast Updated: June 30, 2021\nAt Lyft our mission is to improve people’s lives with the world’s best\ntransportation, providing a platform to help you get from point A to point B. To\n\ndo that, we need to collect, use, and share some of your personal information.\nThis Privacy Policy is meant to help you understand how Lyft does that and\nhow to exercise the choices and rights you have in your information.\nLyft’s privacy homepage provides additional information about our commitment\nto respecting your personal information, including ways for you to access and\ndelete that information.\nThe Scope of This Policy\nThis policy applies to all Lyft users, including Riders and Drivers (including Driver applicants),\nand to all Lyft platforms and services, including our apps, websites, features, and other\nservices (collectively, the “Lyft Platform”). Please remember that your use of the Lyft Platform\nis also subject to our Terms of Service.\nThe Information We Collect\nWhen you use the Lyft Platform, we collect the information you provide, usage information,\nand information about your device. We also collect information about you from other sources\nlike third-party services, and optional programs in which you participate, which we may\ncombine with other information we have about you. Here are the types of information we\ncollect about you:\nA. Information You Provide to Us\nAccount Registration. When you create an account with Lyft, we collect the information you\nprovide us, such as your name, email address, phone number, birth date, and payment\ninformation. You may choose to share additional info with us for your Rider profile, like your\nphoto or saved addresses (e.g., home or work), and set up other preferences (such as your\npreferred pronouns).\nDriver Information. If you apply to be a Driver, we will collect the information you provide in\nyour application, including your name, email address, phone number, birth date, profile\nphoto, physical address, government identification number (such as social security number),\ndriver’s license information, vehicle information, and car insurance information. We collect\nthe payment information you provide us, including your bank routing numbers, and tax\ninformation. Depending on where you want to drive, we may also ask for additional business\nlicense or permit information or other information to manage driving and programs relevant to\nthat location. We may need additional information from you at some point after you become a\nDriver, including information to confirm your identity (like a photo).\n\nRatings and Feedback. When you rate and provide feedback about Riders or Drivers, we\ncollect all of the information you provide in your feedback.\nCommunications. When you contact us or we contact you, we collect any information that\nyou provide, including the contents of the messages or attachments you send us.\nB. Information We Collect When You Use the Lyft Platform\nLocation Information. Great rides start with an easy and accurate pickup. The Lyft Platform\ncollects location information (including GPS and WiFi data) differently depending on your Lyft\napp settings and device permissions as well as whether you are using the platform as a\nRider or Driver:\nRiders: We collect your device’s precise location when you open and use the Lyft app,\nincluding while the app is running in the background from the time you request a ride until it\nends. Lyft also tracks the precise location of scooters and e-bikes at all times.\nDrivers: We collect your device’s precise location when you open and use the app, including\nwhile the app is running in the background when it is in driver mode. We also collect precise\nlocation for a limited time after you exit driver mode in order to detect ride incidents, and\ncontinue collecting it until a reported or detected incident is no longer active.\nUsage Information. We collect information about your use of the Lyft Platform, including ride\ninformation like the date, time, destination, distance, route, payment, and whether you used a\npromotional or referral code. We also collect information about your interactions with the Lyft\nPlatform like our apps and websites, including the pages and content you view and the dates\nand times of your use.\nDevice Information. We collect information about the devices you use to access the Lyft\nPlatform, including device model, IP address, type of browser, version of operating system,\nidentity of carrier and manufacturer, radio type (such as 4G), preferences and settings (such\nas preferred language), application installations, device identifiers, advertising identifiers, and\npush notification tokens. If you are a Driver, we also collect mobile sensor data from your\ndevice (such as speed, direction, height, acceleration, deceleration, and other technical\ndata).\nCommunications Between Riders and Drivers. We work with a third party to facilitate\nphone calls and text messages between Riders and Drivers without sharing either party’s\nactual phone number with the other. But while we use a third party to provide the\ncommunication service, we collect information about these communications, including the\nparticipants’ phone numbers, the date and time, and the contents of SMS messages. For\nsecurity purposes, we may also monitor or record the contents of phone calls made through\nthe Lyft Platform, but we will always let you know we are about to do so before the call\nbegins.\nAddress Book Contacts. You may set your device permissions to grant Lyft access to your\ncontact lists and direct Lyft to access your contact list, for example to help you refer friends to\nLyft. If you do this, we will access and store the names and contact information of the people\nin your address book.\n\nCookies, Analytics, and Third-Party Technologies. We collect information through the use\nof “cookies”, tracking pixels, data analytics tools like Google Analytics, SDKs, and other third-\nparty technologies to understand how you navigate through the Lyft Platform and interact\nwith Lyft advertisements, to make your Lyft experience safer, to learn what content is popular,\nto improve your site experience, to serve you better ads on other sites, and to save your\npreferences. Cookies are small text files that web servers place on your device; they are\ndesigned to store basic information and to help websites and apps recognize your browser.\nWe may use both session cookies and persistent cookies. A session cookie disappears after\nyou close your browser. A persistent cookie remains after you close your browser and may\nbe accessed every time you use the Lyft Platform. You should consult your web browser(s) to\nmodify your cookie settings. Please note that if you delete or choose not to accept cookies\nfrom us, you may miss out on certain features of the Lyft Platform.\nC. Information We Collect from Third Parties\nThird-Party Services. Third-party services provide us with information needed for core\naspects of the Lyft Platform, as well as for additional services, programs, loyalty benefits, and\npromotions that can enhance your Lyft experience. These third-party services include\nbackground check providers, insurance partners, financial service providers, marketing\nproviders, and other businesses. We obtain the following information about you from these\nthird-party services:\nInformation to make the Lyft Platform safer, like background check information for drivers;\nInformation about your participation in third-party programs that provide things like insurance\ncoverage and financial instruments, such as insurance, payment, transaction, and fraud\ndetection information;\nInformation to operationalize loyalty and promotional programs or applications, services, or\nfeatures you choose to connect or link to your Lyft account, such as information about your\nuse of such programs, applications, services, or features; and\nInformation about you provided by specific services, such as demographic and market\nsegment information.\nEnterprise Programs. If you use Lyft through your employer or other organization that\nparticipates in one of our Lyft Business enterprise programs, we will collect information about\nyou from those parties, such as your name and contact information.\nConcierge Service. Sometimes another business or entity may order you a Lyft ride. If an\norganization has ordered a ride for you using our Concierge service, they will provide us your\ncontact information and the pickup and drop-off location of your ride.\nReferral Programs. Friends help friends use the Lyft Platform. If someone refers you to Lyft,\nwe will collect information about you from that referral including your name and contact\ninformation.\nOther Users and Sources. Other users or public or third-party sources such as law\nenforcement, insurers, media, or pedestrians may provide us information about you, for\nexample as part of an investigation into an incident or to provide you support.\n\nHow We Use Your Information\nWe use your personal information to:\nProvide the Lyft Platform;\nMaintain the security and safety of the Lyft Platform and its users;\nBuild and maintain the Lyft community;\nProvide customer support;\nImprove the Lyft Platform; and\nRespond to legal proceedings and obligations.\nProviding the Lyft Platform. We use your personal information to provide an intuitive,\nuseful, efficient, and worthwhile experience on our platform. To do this, we use your personal\ninformation to:\nVerify your identity and maintain your account, settings, and preferences;\nConnect you to your rides and track their progress;\nCalculate prices and process payments;\nAllow Riders and Drivers to connect regarding their ride and to choose to share their location\nwith others;\nCommunicate with you about your rides and experience;\nCollect feedback regarding your experience;\nFacilitate additional services and programs with third parties; and\nOperate contests, sweepstakes, and other promotions.\nMaintaining the Security and Safety of the Lyft Platform and its Users. Providing you a\nsecure and safe experience drives our platform, both on the road and on our apps. To do\nthis, we use your personal information to:\nAuthenticate users;\nVerify that Drivers and their vehicles meet safety requirements;\nInvestigate and resolve incidents, accidents, and insurance claims;\nEncourage safe driving behavior and avoid unsafe activities;\nFind and prevent fraud; and\nBlock and remove unsafe or fraudulent users from the Lyft Platform.\nBuilding and Maintaining the Lyft Community. Lyft works to be a positive part of the\ncommunity. We use your personal information to:\nCommunicate with you about events, promotions, elections, and campaigns;\nPersonalize and provide content, experiences, communications, and advertising to promote\nand grow the Lyft Platform; and\nHelp facilitate donations you choose to make through the Lyft Platform.\nProviding Customer Support. We work hard to provide the best experience possible,\nincluding supporting you when you need it. To do this, we use your personal information to:\nInvestigate and assist you in resolving questions or issues you have regarding the Lyft\nPlatform; and\n\nProvide you support or respond to you.\nImproving the Lyft Platform. We are always working to improve your experience and\nprovide you with new and helpful features. To do this, we use your personal information to:\nPerform research, testing, and analysis;\nDevelop new products, features, partnerships, and services;\nPrevent, find, and resolve software or hardware bugs and issues; and\nMonitor and improve our operations and processes, including security practices, algorithms,\nand other modeling.\nResponding to Legal Proceedings and Requirements. Sometimes the law, government\nentities, or other regulatory bodies impose demands and obligations on us with respect to the\nservices we seek to provide. In such a circumstance, we may use your personal information\nto respond to those demands or obligations.\nHow We Share Your Information\nWe do not sell your personal information. To make the Lyft Platform work, we may need to\nshare your personal information with other users, third parties, and service providers. This\nsection explains when and why we share your information.\nA. Sharing Between Lyft Users\nRiders and Drivers.\nRider information shared with Driver: Upon receiving a ride request, we share with the Driver\nthe Rider’s pickup location, name, profile photo, rating, Rider statistics (like approximate\nnumber of rides and years as a Rider), and information the Rider includes in their Rider\nprofile (like preferred pronouns). Upon pickup and during the ride, we share with the Driver\nthe Rider’s destination and any additional stops the Rider inputs into the Lyft app. Once the\nride is finished, we also eventually share the Rider’s rating and feedback with the Driver. (We\nremove the Rider’s identity associated with ratings and feedback when we share it with\nDrivers, but a Driver may be able to identify the Rider that provided the rating or feedback.)\nDriver information shared with Rider: Upon a Driver accepting a requested ride, we will share\nwith the Rider the Driver’s name, profile photo, preferred pronouns, rating, real-time location,\nand the vehicle make, model, color, and license plate, as well as other information in the\nDriver’s Lyft profile, such as information Drivers choose to add (like country flag and why you\ndrive) and Driver statistics (like approximate number of rides and years as a Driver).\nAlthough we help Riders and Drivers communicate with one another to arrange a pickup, we\ndo not share your actual phone number or other contact information with other users. If you\nreport a lost or found item to us, we will seek to connect you with the relevant Rider or Driver,\nincluding sharing actual contact information with your consent.\n\nShared Ride Riders. When Riders use a Lyft Shared ride, we share each Rider’s name and\nprofile picture to ensure safety. Riders may also see each other’s pickup and drop-off\nlocations as part of knowing the route while sharing the ride.\nRides Requested or Paid For by Others. Some rides you take may be requested or paid\nfor by others. If you take one of those rides using your Lyft Business Profile account, a code\nor coupon, a subsidized program (e.g., transit or government), or a corporate credit card\nlinked to another account, or another user otherwise requests or pays for a ride for you, we\nmay share some or all of your ride details with that other party, including the date, time,\ncharge, rating given, region of trip, and pick up and drop off location of your ride.\nReferral Programs. If you refer someone to the Lyft Platform, we will let them know that you\ngenerated the referral. If another user referred you, we may share information about your use\nof the Lyft Platform with that user. For example, a referral source may receive a bonus when\nyou join the Lyft Platform or complete a certain number of rides and would receive such\ninformation.\nB. Sharing With Third-Party Service Providers for Business Purposes\nDepending on whether you’re a Rider or a Driver, Lyft may share the following categories of\nyour personal information for a business purpose (as we have done for the preceding 12\nmonths) to provide you with a variety of the Lyft Platform’s features and services:\nPersonal identifiers, such as your name, address, email address, phone number, date of\nbirth, government identification number (such as social security number), driver’s license\ninformation, vehicle information, and car insurance information;\nFinancial information, such as bank routing numbers, tax information, and any other payment\ninformation you provide us;\nCommercial information, such as ride information, Driver/Rider statistics and feedback, and\nDriver/Rider transaction history;\nInternet or other electronic network activity information, such as your IP address, type of\nbrowser, version of operating system, carrier and/or manufacturer, device identifiers, and\nmobile advertising identifiers; and\nLocation data.\nWe disclose those categories of personal information to service providers to fulfill the\nfollowing business purposes:\nMaintaining and servicing your Lyft account;\nProcessing or fulfilling rides;\nProviding you customer service;\nProcessing Rider transactions;\nProcessing Driver applications and payments;\nVerifying the identity of users;\nDetecting and preventing fraud;\nProcessing insurance claims;\nProviding Driver loyalty and promotional programs;\nProviding marketing and advertising services to Lyft;\nProviding financing;\nProviding requested emergency services;\n\nProviding analytics services to Lyft; and\nUndertaking internal research to develop the Lyft Platform.\nC. For Legal Reasons and to Protect the Lyft Platform\nWe may share your personal information in response to a legal obligation, or if we have\ndetermined that sharing your personal information is reasonably necessary or appropriate to:\nComply with any applicable federal, state, or local law or regulation, civil, criminal or\nregulatory inquiry, investigation or legal process, or enforceable governmental request;\nRespond to legal process (such as a search warrant, subpoena, summons, or court order);\nEnforce our Terms of Service;\nCooperate with law enforcement agencies concerning conduct or activity that we reasonably\nand in good faith believe may violate federal, state, or local law; or\nExercise or defend legal claims, protect against harm to our rights, property, interests, or\nsafety or the rights, property, interests, or safety of you, third parties, or the public as required\nor permitted by law.\nD. In Connection with Sale or Merger\nWe may share your personal information while negotiating or in relation to a change of\ncorporate control such as a restructuring, merger, or sale of our assets.\nE. Upon Your Further Direction\nWith your permission or upon your direction, we may disclose your personal information to\ninteract with a third party or for other purposes.\nHow We Store and Protect Your\nInformation\nWe retain your information for as long as necessary to provide you and our other users the\nLyft Platform. This means we keep your profile information for as long as you maintain an\naccount. We retain transactional information such as rides and payments for at least seven\nyears to ensure we can perform legitimate business functions, such as accounting for tax\nobligations. If you request account deletion, we will delete your information as set forth in the\n“Deleting Your Account” section below.\nWe take reasonable and appropriate measures designed to protect your personal\ninformation. But no security measures can be 100% effective, and we cannot guarantee the\nsecurity of your information, including against unauthorized intrusions or acts by third parties.\nYour Rights And Choices\nRegarding Your Data\n\nAs explained more below and on our privacy homepage, Lyft provides ways for you to access\nand delete your personal information as well as exercise other data rights that give you\ncertain control over your personal information.\nA. All Users\nEmail Subscriptions. You can always unsubscribe from our commercial or promotional\nemails by clicking unsubscribe in those messages. We will still send you transactional and\nrelational emails about your use of the Lyft Platform.\nText Messages. You can opt out of receiving commercial or promotional text messages by\ntexting the word END to 46080 from the mobile device receiving the messages. You may also\nopt out of receiving all texts from Lyft (including transactional or relational messages) by\ntexting the word STOPALL to 46080 from the mobile device receiving the messages. Note\nthat opting out of receiving all texts may impact your use of the Lyft Platform. Drivers can also\nopt out of driver-specific messages by texting STOP in response to a driver SMS. To re-\nenable texts you can text START in response to an unsubscribe confirmation SMS.\nPush Notifications. You can opt out of receiving push notifications through your device\nsettings. Please note that opting out of receiving push notifications may impact your use of\nthe Lyft Platform (such as receiving a notification that your ride has arrived).\nProfile Information. You can review and edit certain account information you have chosen to\nadd to your profile by logging in to your account settings and profile.\nLocation Information. You can prevent your device from sharing location information\nthrough your device’s system settings. But if you do, this may impact Lyft’s ability to provide\nyou our full range of features and services.\nCookie Tracking. You can modify your cookie settings on your browser, but if you delete or\nchoose not to accept our cookies, you may be missing out on certain features of the Lyft\nPlatform.\nDo Not Track. Your browser may offer you a “Do Not Track” option, which allows you to\nsignal to operators of websites and web applications and services that you do not want them\nto track your online activities. The Lyft Platform does not currently support Do Not Track\nrequests at this time.\nDeleting Your Account. If you would like to delete your Lyft account, please visit our privacy\nhomepage. In some cases, we will be unable to delete your account, such as if there is an\nissue with your account related to trust, safety, or fraud. When we delete your account, we\nmay retain certain information for legitimate business purposes or to comply with legal or\nregulatory obligations. For example, we may retain your information to resolve open\ninsurance claims, or we may be obligated to retain your information as part of an open legal\nclaim. When we retain such data, we do so in ways designed to prevent its use for other\npurposes.\n\nB. California Residents\nThe California Consumer Privacy Act provides some California residents with the additional\nrights listed below. To exercise these rights see the “Exercising Your California Privacy\nRights” section or visit our privacy homepage. For metrics regarding rights requests, see\nhere.\nRight to Know. You have the right to know and see what data we have collected about you\nover the past 12 months, including:\nThe categories of personal information we have collected about you;\nThe categories of sources from which the personal information is collected;\nThe business or commercial purpose for collecting your personal information;\nThe categories of third parties with whom we have shared your personal information; and\nThe specific pieces of personal information we have collected about you.\nRight to Delete. You have the right to request that we delete the personal information we\nhave collected from you (and direct our service providers to do the same). There are a\nnumber of exceptions, however, that include, but are not limited to, when the information is\nnecessary for us or a third party to do any of the following:\nComplete your transaction;\nProvide you a good or service;\nPerform a contract between us and you;\nProtect your security and prosecute those responsible for breaching it;\nFix our system in the case of a bug;\nProtect the free speech rights of you or other users;\nComply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546\net seq.);\nEngage in public or peer-reviewed scientific, historical, or statistical research in the public\ninterests that adheres to all other applicable ethics and privacy laws;\nComply with a legal obligation; or\nMake other internal and lawful uses of the information that are compatible with the context in\nwhich you provided it.\nOther Rights. You can request certain information about our disclosure of personal\ninformation to third parties for their own direct marketing purposes during the preceding\ncalendar year. This request is free and may be made once a year. You also have the right not\nto be discriminated against for exercising any of the rights listed above.\nExercising Your California Privacy Rights. To request access to or deletion of your\npersonal information, or to exercise any other data rights under California law, please contact\nus using one of the following methods:\nWebsite: You may visit our privacy homepage to authenticate and exercise rights via our\nwebsite.\nEmail webform: You may write to us to exercise rights.\n\nTo respond to some rights we will need to verify your request either by asking you to log in\nand authenticate your account or otherwise verify your identity by providing information about\nyourself or your account. Authorized agents can make a request on your behalf if you have\ngiven them legal power of attorney or we are provided proof of signed permission, verification\nof your identity, and confirmation that you provided the agent permission to submit the\nrequest.\nResponse Timing and Format. We aim to respond to a consumer request for access or\ndeletion within 45 days of receiving that request. If we require more time, we will inform you\nof the reason and extension period in writing.\nChildren’s Data\nLyft is not directed to children, and we don’t knowingly collect personal information from\nchildren under the age of 13. If we find out that a child under 13 has given us personal\ninformation, we will take steps to delete that information. If you believe that a child under the\nage of 13 has given us personal information, please contact us at our Help Center.\nLinks to Third-Party Websites\nThe Lyft Platform may contain links to third-party websites. Those websites may have privacy\npolicies that differ from ours. We are not responsible for those websites, and we recommend\nthat you review their policies. Please contact those websites directly if you have any\nquestions about their privacy policies.\nChanges to This Privacy Policy\nWe may update this policy from time to time as the Lyft Platform changes and privacy law\nevolves. If we update it, we will do so online, and if we make material changes, we will let you\nknow through the Lyft Platform or by some other method of communication like email. When\nyou use Lyft, you are agreeing to the most recent terms of this policy.\nContact Us\nIf you have any questions or concerns about your privacy or anything in this policy, including\nif you need to access this policy in an alternative format, we encourage you to contact us.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Booking.com","url":"https://www.booking.com/content/terms.en-gb.html","lang":"ENG","sector":"Travel","hq":"Netherlands","hq_category":"EU","is_public":"Indirectly public","is_paid":"Free","date":"14.02.2022"},"document":{"title":"","text":"Customer terms of service\nUpdated 14 February 2022\nTable of contents\nA. All Travel Experiences\nB. Accommodations\nC. Attractions\nD. Car rentals\nE. Flights\nF. Private and Public Transport\nBooking.com dictionary\nPrevious terms of service\nA. All Travel Experiences\nA1. Definitions\nA2. About these terms\nA3. About Booking.com\nA4. Our Platform\nA5. Our values\nA6. Prices\nA7. Payment\nA8. Policies\nA9. Privacy and cookies\nA10. Accessibility requests\nA11. Insurance\nA12. Genius\nA13. Rewards, Credits & Wallet\nA14. Intellectual property rights\nA15. What if something goes wrong?\nA16. Communication with the Service Provider\nA17. Measures against unacceptable behaviour\nA18. Limitation of liability\nA19. Applicable law and forum\nA20. Linked travel arrangements\nA1. Definitions\n1. Some of the words you’ll see have very specific meanings, so\nplease check out the ‘Booking.com dictionary’ at the end of\nthese Terms.\nA2. About these terms\n\n1. When you complete your Booking, you accept these Terms and any other\nterms that you’re provided with during the booking process.\n2. If anything in these Terms is (or becomes) invalid or, unenforceable:\nit will still be enforced to the fullest extent permitted by law\nyou will still be bound by everything else in the Terms.\n3. These Terms are laid out like this:\nSection A: general terms, for all types of Travel Experiences.\nSections B to F: specific terms, for just one type of Travel Experience:\nSection B: Accommodations\nSection C: Attractions\nSection D: Car rentals\nSection E: Flights\nSection F: Private and Public Transport\nIf there’s any mismatch between general and specific terms, the specific\nterms will apply.\n4. The English version of these Terms is the original. If there’s any dispute\nabout the Terms, or any mismatch between the Terms in English and in\nanother language, the Terms as they appear in English will apply. (You can\nchange the language at the top of this page.)\nA3. About Booking.com\n1. When you book an accommodation, flight or attraction, Booking.com B.V.\nprovides and is responsible for the Platform – but not the Travel Experience\nitself (see A4.4 below).\n2. When you book a rental car, or private or public transport, Booking.com\nTransport Limited provides and is responsible for the Platform – but not the\nTravel Experience itself (see A4.4 below).\n3. We work with companies that provide local support services (e.g. Customer\nSupport or account management). They don’t:\ncontrol or manage our Platform\nhave their own Platform\nhave any legal or contractual relationship with you\nprovide Travel Experiences\nrepresent us, enter into contracts or accept legal documents in our name\noperate as our ‘process or service agents’.\nA4. Our Platform\n1. We take reasonable care in providing our Platform, but we can’t guarantee\nthat everything on it is accurate (we get information from the Service\nProviders). To the extent permitted by law, we can’t be held responsible for\nany errors, any interruptions, or any missing bits of information - although we\nwill do everything we can to correct/fix them as soon as we can.\n2. Our Platform is not a recommendation or endorsement of any Service\nProvider or its products, services, facilities, vehicles, etc.\n3. We’re not a party to the terms between you and the Service Provider. The\nService Provider is solely responsible for the Travel Experience.\n4. To make a Booking, you may need to create an Account. Please make sure\nall your info (including payment and contact details) is correct and up to date,\nor you might find you can’t access your Travel Experience(s). You’re\nresponsible for anything that happens with your Account, so please don’t let\nanyone else use it, and please keep your username and password secret.\n\n5. We will show you the offers that are available to you, in (what we think is)\nthe right language for you. You can change to another language whenever\nyou like.\n6. Unless otherwise indicated, you need to be at least 16 to use the Platform.\nA5. Our values\n1. You will:\nabide by Our values\ncomply with all applicable laws\ncooperate with any anti-fraud/anti-money laundering checks we need to\ncarry out\nnot use the Platform to cause a nuisance or make fake Bookings\nuse the Travel Experience and/or Platform for their intended purpose\nnot cause any nuisance or damage, and not behave inappropriately to the\nService Provider’s personnel (or anyone else, for that matter).\nA6. Prices\n1. When you make a Booking, you agree to pay the cost of the Travel\nExperience, including any charges and taxes that may apply.\n2. Some of the prices you see may have been rounded to the nearest whole\nnumber. The price you pay will be based on the original, 'non-rounded' price\n(although the actual difference will be tiny anyway).\n3. Obvious errors and misprints are not binding. For example: if you book a\npremium car or a night in a luxury suite that was mistakenly offered for €1, we\nmay simply cancel that Booking and refund anything you’ve paid.\n4. A crossed-out price indicates the price of a like-for-like Booking without the\nprice reduction applied (‘like-for-like’ means same dates, same policies, same\nquality of accommodation/vehicle/class of travel, etc.).\nA7. Payment\n1. For some products/services, the Service Provider will require an Upfront\nPayment and/or a payment taken during your Travel Experience.\nIf we organise your payment, we (or, in some cases, our affiliate in the\ncountry your payment originates from) will be responsible for managing\nyour payment and ensuring the completion of your transaction with our\nService Provider. In this case, your payment constitutes final settlement of\nthe 'due and payable' price.\nIf the Service Provider charges you, this will usually be in person at the\nstart of your Travel Experience, but it could also be (for example) that\nyour credit card is charged when you book, or you pay when you check\nout of your Accommodation. This depends on the Upfront Payment policy\nof the Service Provider as communicated to you in the booking process.\n2. If the Service Provider requires an Upfront Payment, it may be taken or pre-\nauthorised when you make your Booking, and it may be non-refundable. So\nbefore you book, please check the Service Provider’s Upfront Payments\npolicy (available during the booking process), which we don’t influence and\naren’t responsible for.\n3. If you know of or suspect any fraud or unauthorised use of your Payment\nMethod, please contact your payment provider, who may cover any resulting\ncharges, possibly minus an excess.\n4. If the currency selected on the Platform isn't the same as the Service\nProvider's currency, we may:\nshow prices in your own currency\noffer you the Pay In Your Own Currency option.\nYou’ll see our Currency Conversion Rate during checkout, in the Booking\ndetails of your Account, or (if you don’t have an Account) in the email we send\nyou. If we charge you fees in connection with any such services, you’ll find the\n\nfee expressed as a percentage over European Central Bank rates. Your card\nissuer may charge you a foreign transaction fee.\n5. We will store your Payment Method details for future transactions after\ncollecting your consent.\nA8. Policies\n1. When you make a Booking, you accept the applicable policies as displayed\nin the booking process. You'll find each Service Provider's cancellation policy\nand any other policies (about age requirements, security/damage deposits,\nadditional supplements for group Bookings, extra beds, breakfast, pets, cards\naccepted, etc.) on our Platform: on the Service Provider information pages,\nduring the booking process, in the fine print, and/or in the confirmation email\nor ticket (if applicable).\n2. If you cancel a Booking or don’t show up, any cancellation/no-show fee and\nany refund will depend on the Service Provider’s cancellation/no-show policy.\n3. Some Bookings can’t be cancelled for free, while others can only be\ncancelled for free before a deadline.\n4. If you book a Travel Experience by paying in advance (including all price\ncomponents and/or a damage deposit if applicable), the Service Provider may\ncancel the Booking without notice if they can't collect the balance on the date\nspecified. If they do, any non-refundable payment you’ve made will only be\nrefunded at their discretion. It's your responsibility to make sure the payment\ngoes ahead on time (that your bank, debit card or credit card details are\ncorrect, and that there's enough money available in your account).\n5. If you think you're not going to arrive on time, please contact your Service\nProvider and tell them when they can expect you, so they don't cancel your\nBooking. If you’re late, we are not liable for the consequences (e.g. the\ncancellation of your Booking, or any fees the Service Provider may charge).\n6. As the person making the Booking, you are responsible for the actions and\nbehaviour (in relation to the Travel Experience) of everyone in the group. You\nare also responsible for obtaining their permission before providing us with\ntheir personal data.\nA9. Privacy and cookies\n1. If you book an accommodation, flight, or attraction, please see our Privacy\nand Cookies Statement for more information on privacy, cookies, and how we\nmight contact you and process personal data\n2. If you book ground transport, please see the Rentalcars.com Privacy\nStatement, Cars.booking.com Privacy Statement, or Taxi.booking.com Privacy\nStatement as appropriate to find out how we process your personal data.\nA10. Accessibility requests\n1. If you have any accessibility requests:\nabout our Platform and/or services, please contact our Customer Service\nteam\nabout your Travel Experience (wheelchair access, walk-in baths, etc.),\nplease contact your Service Provider - or the airport, train station, etc.\nA11. Insurance\n1. If you have bought insurance through our Platform, please\nrefer to the policy document(s) for the terms and for further\ninformation. These Terms do not apply to insurance.\nA12. Genius\n1. The Genius rate is a discounted rate offered by participating Service\nProviders for certain products/services.\n2. Genius rates are for members of the Booking.com Genius programme.\nThere are no membership fees, and it’s easy to become a member - just\ncreate an Account. Membership and rates are non-transferable. Membership\nis linked to a specific Account. Membership can also be linked to specific\ncampaigns or incentives.\n3. There are different ‘Genius Levels’, based on how many Accommodation\nBookings you’ve made in a given period. Each level provides different travel\nrewards.\n\n4. We may change any feature of the Genius programme, including the\nmembership levels and the way the programme is structured.\n5. For more details, visit https://www.booking.com/genius.html.\nA13. Rewards, Credits & Wallet\n1. We may issue Rewards to you – at our sole discretion, and subject to (a)\nthe terms here in A13 and (b) any Individual Reward Criteria that apply. If we\nmake a clerical error (i) in calculating your Rewards or (ii) in converting\ncurrencies related to your Rewards, we can always change or correct any\nbalances shown.\n2. How to get Rewards. You might, for example, get a Reward by booking at\na participating hotel, or by making a certain number of Bookings in a given\ntime period. When a Reward is available, we’ll explain what the specific\nconditions are and how to use it.\n3. Where to find your Rewards. Once you’ve received one or more\nRewards, you’ll find a ‘Rewards and Wallet’ link in your Booking.com Account\nmenu. Under the ‘Rewards’ tab, you’ll see all the Rewards you’ve earned,\nwhat actions (if any) still need to be taken to obtain the Reward(s), and any\nother terms and conditions.\n4. Types of Rewards. Rewards give you (a) Credits in your Wallet or (b)\nsomething different (e.g. a Credit Card Cashback, or a voucher). We’ll explain\neach Reward at the appropriate time.\n5. How to get Credits. Credits are usually issued as a result of getting a\nReward. But we may issue Credits for other reasons - if your Travel\nExperience didn’t live up to our usual high standards, for example.\n6. Where to find your Credits. Once you’ve received some Credits, you’ll\nfind a ‘Rewards and Wallet’ link in your Booking.com Account menu. Under\nthe ‘Wallet’ tab, you’ll see your total Credits balance (split into Travel Credits\nand Cash Credits, if you have both kinds). You’ll see when Credits were\nreceived or spent, and when they’ll expire. If you have Cash Credits, you’ll\nalso see a link to cash them out.\n7. Types of Credits. Travel Credits can only be spent on certain Travel\nExperiences. We’ll show you which Travel Experiences you can pay for with\nTravel Credits (which specific accommodations, attractions, car rentals, etc.).\nCash Credits can be cashed out to your Payment Method (click ‘Withdraw\nCash Credit’), or spent on any Travel Experience that you can pay for with\nTravel Credits.\nRewards\n8. To receive any type of Rewards, you must, when qualifying for and using\nthe Credits:\nhave an Account with us\nbe at least 18 years old\nmeet the Individual Reward Criteria\nnot violate the Rewards & Wallet Terms, and\nhave a valid credit card, to qualify for Credit Card Cashback Rewards.\n9. When a Reward is available, the Individual Reward Criteria will explain how\n(and if) you can qualify for it. There may be:\ntime-sensitive restrictions (e.g. offers with expiry dates)\nplatform restrictions (e.g. promotional codes that can only be used in our\napp)\nproperty restrictions (e.g. offers that can only be used with specific\nService Providers)\na minimum spend (e.g. a Reward that you’ll only earn when you spend at\nleast a certain amount on a Booking)\na maximum Reward value (for either monetary or non-monetary\nRewards).\n\n10. Rewards cannot be sold, encumbered or transferred in any way to a third\nparty. In the event of an Account holder’s death, their Account will be closed\nand their Rewards (if any) will be cancelled.\nCredits\n11. You can put either Cash Credits or Travel Credits towards the cost of an\neligible Travel Experience on a participating Platform (e.g. www.booking.com\nor a Group Company website).\n12. If that Travel Experience costs less than you have in Credits, your unused\nCredits will remain available in your Wallet.\n13. If that Travel Experience costs more than you have in Credits, you must\nmake up the rest of the cost in time, using another accepted Payment Method\n- or your purchase will be cancelled, and your Credits returned to your Wallet.\n14. If you have various Credits with more than one expiration date, the Credits\nwith the earliest expiration date will be used first.\n15. If you cancel a Travel Experience that you’ve paid for (in part or in full)\nwith Credits, the Service Provider’s cancellation policy will determine whether\nor not your money and/or Credits are refunded. Our Customer Service team\nwill be able to refund any Credits that you may be entitled to.\n16. You can cash out Cash Credits (but not Travel Credits) to a Payment\nMethod.\n17. Your Wallet’s default currency is determined by your location, residency or\nanother currency we may elect. If you get any Credits or Credit Card\nCashbacks in another currency, we’ll convert them to your default currency, or\nanother currency we may elect, using our Currency Conversion Rate.\n18. If a Reward was issued because you booked a Travel Experience, any\nassociated Credits that haven’t been used will be deleted from your Wallet if\nthat Travel Experience is cancelled.\n19. We reserve the right to cancel any Reward that was obtained by fraud.\n20. If you think you’ve not received a Reward that you should have, please\ncontact our Customer Service team no more than 12 months after you did\nwhatever it was that you believe qualified you for it. Please provide any\nsupporting documentation you have. If you don’t do this within 12 months, you\nwon’t be able to claim the Reward.\n21. All Credits have an expiration date, which you’ll find in the ‘Credits’ section\nof your Wallet.\nWallet\n22. All data, including personal data, will be processed in accordance with our\nprivacy policy and applicable data protection laws and regulations. It will be\nshared with Group Companies or Service Providers as required by the Wallet\nprogramme. Lost, stolen or expired Rewards will not be replaced.\n23. Your obligations:\nYou’re responsible for making sure that all information is (and stays)\ncorrect, complete and up to date\nIf we ask you for proof of ID, please provide it within 30 days\nYou’re responsible for keeping your Wallet sign-in details safe and secure.\n24. If you don’t adhere to the rules in this section, we may automatically\nsuspend or cancel your Wallet.\n25. You may not use your Wallet or Rewards in any way that is misleading,\nunfair or harmful.\n26. We may set off/settle any or all of your Credits against any claim we (or a\nGroup Company) have against you. We may do this at any time, and without\nadvance notice.\n27. We may change, suspend or end any aspect of the Wallet, Rewards and\nCredits. In particular, we might change:\nthese Rewards & Wallet terms\nwhich users we allow to have a Wallet\nwhich Rewards or Credits we provide\nthe expiration dates of any Rewards or Credits\n\nany Individual Reward Criteria.\n28. We will make reasonable efforts to give you prior notice if we make any\nchanges or stop providing Wallets altogether.\n29. If we stop providing Wallets, all Credits and Rewards that haven’t expired\nwill be valid for another 12 months.\nA14. Intellectual property rights\n1. Unless otherwise stated, all rights in our Platform (technology, content,\ntrademarks, look & feel, etc.) are owned by Booking.com (or its licensors) and\nby using our Platform you agree to do so for its intended purpose only and\nrespecting the conditions set out below in paragraphs A14.2 and A14.3.\n2. You’re not allowed to monitor, copy, scrape/crawl, download, reproduce or\notherwise use anything on our Platform for any commercial purpose without\nwritten permission of Booking.com or its licensors.\n3. We keep a close eye on every visit to our Platform, and we’ll block anyone\n(and any automated system) we suspect of:\nconducting an unreasonable amount of searches\nusing any device or software to gather prices or other information\ndoing anything that places undue stress on our Platform.\n4. By uploading any picture to our Platform (with a review, for example),\nyou’re confirming that it complies with our criteria and that:\nit’s truthful (you haven’t altered the picture, for example, or uploaded a\npicture of a different property)\nit doesn’t contain any viruses\nyou’re allowed to share it with us\nwe’re allowed to use it on our platform and in relation to further\ncommercial purposes (including in a promotional context), everywhere,\nforever (when you let us know we can no longer use it we will consider\nany such reasonable request)\nit doesn’t infringe the privacy rights of other people\nyou accept full responsibility for any legal claims against Booking.com\nrelated to it.\n5. Just to make it clear: we’re not responsible and liable for any picture\nuploaded to our Platform, we’re allowed to remove any picture upon our\ndiscretion (for instance, if we detect that a picture does not meet the above\ncriteria).\nA15. What if something goes wrong?\n1. If you have a query or complaint, please contact our Customer Service\nteam. You can do this by accessing your Booking, or through our app, or\nthrough our Help Centre (where you’ll also find some useful FAQs). You can\nhelp us help you as quickly as possible - by providing:\nyour Booking confirmation number, your contact details, your PIN code (if\nyou have one) and the email address you used when you made your\nBooking\na summary of the issue, including how you’d like us to help you\nany supporting documents (bank statement, pictures, receipts, etc.)\n2. All queries and complaints are recorded, and the most urgent ones are\ntreated as highest priority.\n3. If you're a resident of the European Economic Area and you’re not happy\nwith the way we handle your complaint, you may be able to complain via the\nEuropean Commission's ODR (Online Dispute Resolution) platform\n(ec.europa.eu/odr). It depends on what your complaint was about:\n\nif it was about an accommodation, flight or attraction, you can use that\nODR platform\nif it was about ground transport, you can’t (because ground transport is\nbooked with Booking.com Transport Limited, and the UK has left the EU).\n4. If you’re a resident of the Czech Republic and you’re not happy with the\nway we handle your complaint, you can complain to the Czech Trade\nInspection Authority - Central Inspectorate, ADR Department, registered office\nŠtěpánská 15, Prague 2, postal code: 120 00, email: [email protected],\nhttps://www.coi.cz/informace-o-adr/.\n5. If you’re a resident of Brazil and you're not happy with the way we handle\nyour complaint, you can complain via the Brazilian Federal Consumer Dispute\nResolution Platform (consumidor.gov.br/).\n6. We do try to resolve disputes internally, and we’re not obliged to submit to\nany alternative dispute resolution procedures handled by independent\nproviders.\nA16. Communication with the Service Provider\n1. We may help you communicate with your Service Provider,\nbut we can’t guarantee that they’ll read anything from you, or\nthat they’ll do what you ask. In itself, the fact that you contact\nthem, or that they contact you, doesn’t mean you have any\ngrounds for legal action.\nA17. Measures against unacceptable behaviour\n1. We have the right to stop you making any Bookings, to cancel any\nBookings you’ve already made, and/or to stop you using our Platform, our\nCustomer Service, and/or your Account. Of course, we’ll only do this if, in our\nopinion, there’s a good reason to - for example:\nfraud or abuse\nnon-compliance with Our values, or with applicable laws or regulations\ninappropriate or unlawful behaviour (e.g. violence, threats or invasion of\nprivacy) in relation to us, any of the companies we work with – or anyone\nelse, for that matter.\n2. If we cancel a Booking as a result, you won’t be entitled to a refund. We\nmay tell you why we've cancelled your Booking, unless telling you would (a)\ncontravene applicable laws and/or (b) prevent or obstruct the detection or\nprevention of fraud or other illegal activities. If you believe we have incorrectly\ncancelled your Booking, please contact our Customer Service team.\nA18. Limitation of liability\n1. To the extent permitted by mandatory consumer law, we’ll only be liable for\ncosts you incur as a direct result of a failure on our behalf. This means, to the\nextent permitted by law, we won’t be liable for (e.g.) any:\nindirect loss or indirect damage\ninaccurate information about a Service Provider\nproduct, service or action of a Service Provider or other business partner\nmistake in an email address, phone number or credit card number (unless\nit’s our fault)\nforce majeure or event beyond our control.\n2. If you are in breach of these Terms and/or the Service Provider’s terms, to\nthe extent permitted by law:\nwe won’t be liable for any costs you incur as a result, and\n\nyou won’t be entitled to any refund.\n3. To the extent permitted by law, the most that we, or any Service Provider,\nwill be liable for (whether for one event or a series of connected events) is the\ncost of your Booking, as set out in your confirmation email.\n4. Nothing in these terms will limit our (or the Service Provider’s) liability in\nrespect of our (or their) own (i) negligence that leads to death or personal\ninjury or (ii) fraud or fraudulent misrepresentation.\n5. We don’t make any promises about Service Providers’ products and\nservices (apart from what we expressly state in these Terms). Making the right\nchoice(s) is entirely your responsibility.\n6. Just to make it clear: nothing in these Terms will entitle any third party other\nthan the Service Provider to anything.\n7. You may be protected by mandatory consumer protection laws and\nregulations, which guarantee you rights that no company’s terms can\noverrule. In that case, our liability is determined not just by these Terms, but\nalso by any applicable consumer protection laws and regulations.\nA19. Applicable law and forum\n1. To the extent permitted by mandatory local (consumer) law, these Terms\nand our services will be governed by Dutch law (for accommodations, flights\nor attractions) or English law (for car rentals and private/public transport).\n2. To the extent permitted by mandatory local (consumer) law, any dispute will\nexclusively be submitted to the competent courts in Amsterdam (for\naccommodations, flights or attractions) or England and Wales (for car rentals\nand private/public transport).\nA20. Linked travel arrangements\n1. If:\nafter selecting and paying for one travel service, you book additional\ntravel services for your trip or holiday during the same visit to the\nPlatform; or\nyou book additional travel services for your trip or holiday via a link\nprovided to you by us not later than 24 hours after receiving confirmation\nof your initial Booking with us,\nyou will NOT benefit from rights applying to packages under the EU’s\nDirective (EU) 2015/2302 or the UK's Package Travel and Linked Travel\nArrangements Regulations 2018 (together, the ‘Package Travel\nRequirements’). Therefore, we will not be responsible for the proper\nperformance of those travel services. In case of problems, please contact the\nrelevant Service Provider.\n2. In either of these cases, the travel services will become part of a linked\ntravel arrangement and not a package. In that case Booking.com has, as\nrequired by EU and UK law, protection in place to refund your payments to\nBooking.com for services not performed because of Booking.com's\ninsolvency. Please note that this does not provide a refund in the event of the\ninsolvency of the relevant Service Provider.\n3. Booking.com has voluntarily extended this insolvency protection to\ncustomers outside of the EU and UK who have booked multiple travel\nservices via Booking.com that constitute Linked Travel Arrangements within\nthe meaning of the Package Travel Requirements. This extension only applies\nto payments received by Booking.com.\n4. Booking.com has taken out insolvency protection by way of a bank\nguarantee with Deutsche Bank administered by Sedgwick International UK for\nany monies paid directly to Booking.com.\n5. Travellers may contact Sedgwick International UK (60 Fenchurch Street,\nLondon EC3M 4AD, the United Kingdom, tel. +44 207 530 0600, email:\[email protected]) if the services are denied because of\nBooking.com's insolvency.\n6. Note: This insolvency protection does not cover contracts with parties other\nthan Booking.com, which can be performed despite Booking.com's\ninsolvency.\n7. Please see Directive (EU) 2015/2302 as transposed into national law in the\nEuropean Union or in the United Kingdom.\n\nB. Accommodations\nB1. Scope of this section\nB2. Contractual relationship\nB3. What we will do\nB4. What you need to do\nB5. Price and payment\nB6. Amendments, cancellations and refunds\nB7. What else do you need to know?\nB1. Scope of this section\n1. This section contains the specific terms for Accommodations\nproducts and services.\nB2. Contractual relationship\n1. When you make a Booking, it’s directly with the Service\nProvider. We’re not a ‘contractual party’ to your Booking.\n2. Booking.com B.V. owns and operates the Platform.\n3. Our Platform only shows Accommodations that have a\ncommercial relationship with us, and it doesn’t necessarily\nshow all their products or services.\n4. Information about Service Providers (e.g. facilities, house\nrules and sustainability measures) and their Travel Experiences\n(e.g. prices, availability and cancellation policies) is based on\nwhat they provide to us. They’re responsible for making sure\nit’s accurate and up to date.\nB3. What we will do\n1. We provide the Platform on which Service Providers can\npromote and sell their Accommodations – and you can search\nfor, compare and book them.\n2. Once you’ve booked your Accommodation, we will provide\nyou and the Service Provider with details of your Booking,\nincluding the names of the guest(s).\n3. Depending on the terms of your Booking, we may be able to\nhelp you change or cancel it if you wish to.\nB4. What you need to do\n1. Fill in all your contact details correctly, so we and/or the\nService Provider can provide you with information about your\nBooking and, if necessary, contact you.\n2. Read these Terms and the terms displayed during the\nbooking process carefully.\n3. Take care of the Accommodation and its furniture, fixtures,\nelectronics and other contents, and leave things in the same\nstate they were when you got there. If anything is broken,\ndamaged or lost, make sure you report it to the staff there (as\nsoon as you can, and certainly before you check out).\n\n4. Maintain the security of the Accommodation and its contents\nduring your stay. So don’t, for example, leave doors or windows\nunlocked.\nB5. Price and payment\n1. See ‘Prices’ (A6) and ‘Payment’ (A7) above.\nB6. Amendments, cancellations and refunds\n1. See ‘Policies’ (A8) above.\nB7. What else do you need to know?\nWe Price Match\n1. We want you to get the best possible price every time. If,\nafter you've booked your Accommodation with us, you find the\nsame Accommodation (with the same conditions) for less on\nanother website, we promise to refund the difference, subject\nto the We Price Match terms and conditions.\nPartner offer\n2. Some offers on our Platform are marked as 'Partner offers', which means\nthey come to us through a Booking.com partner company, rather than straight\nfrom a Service Provider. Unless otherwise indicated, any Partner offer that\nyou reserve:\nMust be paid for at the time of booking\nCan't be modified. However, if it offers free cancellation, you will be able\nto cancel it for free, as long as you do it in time.\nCan't be combined with any other offers (promotions, incentives or\nrewards)\nCan't be scored or reviewed on our Platform.\nPrice incentives by Booking.com\n3. Some of the price reductions you see are funded by us, not\nby the Service Provider. We simply pay some of the cost\nourselves.\nDamage policy\n4. When you’re booking, you may see that some Service Providers refer to a\n‘damage policy’. This means that if anyone in your group loses or damages\nanything:\nyou should inform the Service Provider\ninstead of charging you for it directly, the Service Provider will have 14\ndays to submit a damage payment request through our Platform, under\nyour reservation number\nif they do, we’ll tell you, so you can tell us if you have any comments, and\nwhether or not you agree with the charge - and then:\nif you agree, we’ll charge you on their behalf\nif you disagree, we’ll look into it and decide whether or not to discuss it\nfurther*.\n5. There’s a limit (which is shown while you’re booking) to how\nmuch the Service Provider can charge you under the damage\npolicy through our Platform.\n\n6. Any payment you make would be between the Service\nProvider and you – we’d just be organising it on the Service\nProvider’s behalf.\n7. The damage policy doesn’t relate to general cleaning,\nordinary wear and tear, any crimes (such as theft), or any non-\nphysical ‘damages’ (e.g. fines for smoking or bringing pets).\n8. The Service Provider might require a ‘damage deposit’\nbefore or at check-in. If they do, we’ll tell you about it while\nyou’re booking – but it has nothing to do with the ‘damage\npolicy’. We won’t be involved in any financial settlement related\nto damage deposits.\n* If there is any damage, the Service Provider can always\ndecide to initiate a (legal) claim against you outside of the\ndamage policy, in which case the limit (see 5 above) wouldn’t\napply.\nHow We Work\n9. For info on reviews, ranking, how we make money (and\nmore), check out How We Work.\nC. Attractions\nC1. Scope of this section\nC2. Contractual relationship\nC3. What we will do\nC4. What you need to do\nC5. Price and payment\nC6. Amendments, cancellations and refunds\nC7. What else do you need to know?\nC1. Scope of this section\n1. This section contains the specific terms for Attractions\nproducts and services.\nC2. Contractual relationship\n1. We do not (re)sell, offer or provide any Attractions on our\nown behalf - when you book an Attraction, you enter into a\ncontract directly with (a) the Service Provider or (b) a Third-\nParty Aggregator (if they’re reselling the Attraction), as\ndisclosed during the booking process.\n2. We act solely as the Platform and are not involved in the\nThird-Party Terms. We are not responsible for your ticket and\n(to the fullest extent permitted by law) have no liability to you in\nrelation to your Booking.\nC3. What we will do\n\n1. We provide the Platform on which Service Providers and\n(from time to time) Third-Party Aggregators can promote and\nsell Travel Experiences – and you can search for, compare and\nbook them.\n2. Once you’ve booked your Attraction, we’ll provide you and\nthe Service Provider with details of the Booking; if the Service\nProvider needs more than your name, we’ll tell you at the time\nof booking.\n3. Depending on the terms of your Booking, we may be able to\nhelp you change or cancel it if you wish to.\nC4. What you need to do\n1. You must fill in all your contact details correctly, so we and/or\nthe Service Provider can provide you with information about\nyour Booking and, if necessary, contact you.\n2. You must read and agree to comply with our Terms and the\nThird-Party Terms (which will be displayed at checkout) – and\nacknowledge that breaching them may lead to additional\ncharges and/or the cancellation of your Booking.\nC5. Price and payment\n1. When you book an Attraction, we will organise your payment.\nFor details of how this works (including the related rights and\nobligations), please see ‘Payment’ (A7) above.\nC6. Amendments, cancellations and refunds\n1. Please see ‘Policies’ (A8) above.\nC7. What else do you need to know?\nHow We Work\n1. For info on reviews, ranking, how we make money (and\nmore), check out How We Work.\nD. Car rentals\nD1. Scope of this section\nD2. Contractual relationship\nD3. What we will do\nD4. What you need to do\nD5. Price and payment\nD6. Amendments, cancellations and refunds\nD7. What else do you need to know?\nD1. Scope of this section\n1. This section contains the specific terms for Car Rental\nproducts and services.\nD2. Contractual relationship\n1. When you book a Rental, your Booking is either (a) with us or (b) directly\nwith the Service Provider. Either way:\n\nour Terms govern the booking process; when we send you your Booking\nConfirmation, you’ll enter a contract with us\nthe Rental Agreement governs the Rental itself; when you sign this at the\nrental counter, you’ll enter a contract with the Service Provider (but you’ll\nsee and accept the key terms of it while you’re booking your car).\n2. In most cases, you’ll get your Booking Confirmation as soon as you\ncomplete your Booking – but if the Service Provider doesn't confirm your\nRental immediately, we won’t take payment or send you your Booking\nConfirmation until they’ve done so.\n3. If there’s any mismatch between these Terms and the Rental Agreement,\nthe Rental Agreement will apply.\nD3. What we will do\n1. We provide the Platform on which Service Providers can promote and sell\ntheir Travel Experiences – and you can search for, compare and book them.\n2. We don’t guarantee the precise make and model you’re booking (unless we\nexpressly say so). The phrase ‘or similar’ means you could get a similar car\n(i.e. the same size, with the same kind of gearbox, etc.). So the car pictures\nare illustrative only.\n3. Once you’ve booked your Rental:\nwe’ll give the Service Provider the Booking details (e.g. the Main Driver's\nname and contact phone number)\nwe’ll provide you with Pick-up information (e.g. the Service Provider's\ncontact details, and details of what you need to take with you).\nD4. What you need to do\n1. You must provide all the information we need to arrange your Booking\n(contact details, Pick-up time, etc.).\n2. You must read and agree to comply with these Terms and the Rental\nAgreement - and acknowledge that if you breach them:\nyou might have to pay additional charges\nyour Booking might be cancelled\nthe counter staff might refuse to hand over the keys at the rental counter.\n3. You must check your Rental's specific requirements, as many details\n(driving licence requirements, security deposit size, paperwork needed,\npayment cards accepted, etc.) vary per Rental. So please make sure you\ncarefully read:\nthese Terms\nthe key terms of the Rental Agreement, which you'll see while you’re\nbooking, and\nthe Rental Agreement itself, which you'll receive at Pick-up.\n4. You must be at the rental counter by your Pick-up Time: if you’re late, the\ncar may no longer be available, and you won’t be entitled to a refund. If you\nthink you might be late, it's vital that you contact the Service Provider or us,\neven if it's because of a flight delay and you’ve provided your flight number.\n5. The key terms of your Rental tell you what the Main Driver needs at Pick-\nup. You must ensure that when they get to the rental counter, they bring\neverything they need (e.g. driving licence, any required ID, and a credit card\nin their own name, with enough available funds to cover the security deposit).\n6. You must make sure the Main Driver is both eligible and fit (in the Service\nProvider’s opinion) to drive the car.\n7. You must have all the documents (such as ID, voucher and driving licence)\nthat you need at Pick-up.\n8. You must show the counter staff each driver's full, valid driving licence,\nwhich they must have held for at least 1 year (or longer, in many cases). If any\ndriver has endorsements/points on their licence, please let us know as soon\nas possible, as the Service Provider may not allow them to drive.\n\n9. You must ensure that any driver with a driving licence issued in England,\nScotland or Wales obtains a licence 'check code' no more than 21 days\nbefore Pick-up.\n10. You must ensure that every driver has their own International Driving\nPermit (if they need one) as well as their driving licence. Note that all drivers\nmust carry their driving licence (and International Driving Permit, if they need\none) at all times.\n11. You must ensure that every child has an appropriate child seat if they\nneed one.\n12. You must, if anything goes wrong during your Rental (accident,\nbreakdown, etc.):\ncontact the Service Provider\nnot authorise any repairs without the Service Provider's consent\nkeep all documentation (repair bills, police reports, etc.) to share with us /\nthe Service Provider / an insurance company.\nD5. Price and payment\n1. Booking.com Transport Limited is the merchant of record for\nyour Booking. For details of our payment process, please see\n‘Payment’ (A7) above.\nAdditional costs and fees\n2. In many cases, the Service Provider will charge a young driver fee for each\ndriver under a certain age (e.g. 25). In some cases, they may charge a senior\ndriver fee for each driver over a certain age (e.g. 65). When booking on our\nPlatform, you must enter the Main Driver's age, so we can show you details of\nany age-related fee(s) – which you would pay at Pick-up.\n3. In many cases, the Service Provider will charge a one-way fee if you drop\nthe car off at a different location. If you intend to do this, you need to enter the\ndrop-off location while booking, so we can tell you if it’s possible, and show\nyou details of any one-way fee – which you would pay at Pick-up.\n4. In many cases, the Service Provider will charge a cross-border fee for\ntaking the car to a different country/state/island. If you intend to do this, it's\nvital you tell us and/or the Service Provider as soon as you can (it must be\nbefore Pick-up).\n5. The price of your Rental is calculated based on 24-hour units, so (e.g.) a\n25-hour rental will cost as much as a 48-hour rental.\n6. If, after Pick-up, you decide you want to keep the car for longer, please\ncontact the Service Provider. They'll tell you how much this would cost, and\nyou'll enter a new contract with them directly. If you drop the car off late\nwithout agreeing this in advance, they may charge an additional fee as well.\nExtras\n7. In some cases, you'll pay for any optional extras (child seats, GPS, winter\ntyres, etc.) when you book your car – in which case, you're guaranteed to get\nthem at Pick-up.\n8. In other cases, you'll merely request any extras when you book your car –\nin which case:\nyou'll pay for them at Pick-up, and\nthe Service Provider doesn't guarantee they'll be available for you.\nD6. Amendments, cancellations and refunds\n1. We go above and beyond our legal obligations. Even though local laws\ndon’t require us to offer specific cancellation rights, we guarantee that we will\nhonour our refunds policy if you cancel your Booking.\n2. The following ‘Cancellation and Amendments’ terms apply to all Bookings\napart from:\nBookings with Dollar or Thrifty that were booked before 26 January 2021\n(please check your rental terms)\nBookings that are labelled ‘non-refundable’ (you cannot amend a non-\nrefundable Booking, and you won’t receive a refund if you cancel it).\n\nCancellations\n3. If you cancel:\nMORE THAN 48 hours before your rental is due to start, you’ll receive a\nfull refund.\nLESS THAN 48 hours before, or while you’re at the rental counter, we’ll\nrefund what you paid minus the cost of 3 days of your rental - so there\nwon’t be any refund if your car was booked for 3 days or less.\nAFTER your rental is due to start (or you just don’t turn up) you’ll receive\nno refund.\n4. The counter staff may refuse you the car if (for example):\nYou don’t arrive on time\nYou are not eligible to rent the car\nYou don’t have the documentation you need\nThe main driver doesn’t have a credit card in their own name, with\nenough available funds for the car’s security deposit.\nIf that happens, please call us from the rental counter to cancel your Booking,\nand you’ll receive a refund, minus the cost of 3 days of your rental. Otherwise,\nyou won’t be entitled to a refund.\nAmendments (changes to your Booking)\n5. You can make changes to your Booking anytime before you’re due to pick\nthe car up.\n6. In most cases, the easiest way to do this is via our app - or our website\n(under ‘Manage Booking’).\n7. There is no administration fee for changing your Booking, but any changes\nyou make may affect the rental price. Sometimes, the only way we can\nchange a Booking is to cancel it and make another one, in which case we\nmay charge you a cancellation fee on the rental company’s behalf.\n8. If changing your Booking would change the price or incur a cancellation\nfee, we will tell you in advance.\nChanges made by us\n9. If we/the Service Provider need to change your Booking (e.g. if the Service\nProvider can’t provide the car), we’ll tell you as soon as we can. If you don't\naccept that change, you’ll be entitled to cancel and claim a full refund (no\nmatter how close the start of your Rental is) but we will have no additional\nliability for any direct or indirect costs you may incur (e.g. hotel rooms or\ntaxis).\nD7. What else do you need to know?\nGeneral\n1. In all cases, drivers must be at least a minimum age to rent or\ndrive a car. In some cases, they must also be below a maximum\nage. The limit(s) can vary by Service Provider, by location and\nby type of car.\n2. Only eligible drivers whose names appear on the Rental\nAgreement may drive the car.\n3. You must not take the car to a different country/state/island\nand/or drop it off at a different location without arranging this in\nadvance.\nLate Pick-up/early drop-off\n\n4. If you pick your car up later (please see D4.4 above) or drop\nit off earlier than agreed in your Booking Confirmation, the\nService Provider will not refund you for the 'unused' time.\nHow We Work\n5. For info on reviews, ranking, how we make money (and\nmore), check out How We Work.\nE. Flights\nE1. Scope of this section\nE2. Contractual relationship\nE3. What we will do\nE4. What you need to do\nE5. Price and payment\nE6. Amendments, cancellations and refunds\nE7. What else do you need to know?\nE1. Scope of this section\n1. This section contains the specific terms for Flights products\nand services.\nE2. Contractual relationship\n1. Most Flights on our Platform are provided via a Third-Party Aggregator,\nwhich acts as an intermediary to the airline(s).\n2. When you make a Booking, it’s directly with the airline. We’re not a\n‘contractual party’ to your Booking. When booking, you enter into (i) an\nIntermediation Contract with the Third-Party Aggregator (for the ticket) and (ii)\na Contract of Carriage with the airline (for the Flight itself).\n3. If you book any extras (additional baggage, insurance, etc.), you’ll enter\ninto a direct contract with the Third-Party Aggregator or another company. We\nwill not be involved in this contract.\n4. We act solely as the Platform and are not involved in the Third-Party Terms.\nWe are not responsible for your ticket or any extras you may buy and (to the\nfullest extent permitted by law) have no liability to you in relation to your\nBooking.\nE3. What we will do\n1. We provide the Platform on which Service Providers can promote and sell\ntheir Travel Experiences and you can search for, compare and book them.\n2. Once you’ve booked your Flight, your Booking details (e.g. the names of\nthe traveller(s)) will be provided to the Service Provider.\n3. Depending on the Contract of Carriage, we may be able to help you change\nor cancel your Booking if you wish to.\nE4. What you need to do\n1. You must fill in all your contact details correctly, so we and/or the Service\nProvider can provide you with information about your Booking and, if\nnecessary, contact you.\n2. You must read and agree to comply with our Terms and the Third-Party\nTerms (which will be displayed at checkout) – and acknowledge that\nbreaching them may lead to additional charges and/or the cancellation of your\nBooking.\nE5. Price and payment\n1. When you book a Flight, your payment will be organised by\nus, by the Third-Party Aggregator (or a party specified by\nthem), or by a third party such as an airline. For details of how\n\nwe organise payments (including the related rights and\nobligations) please see ‘Payment’ (A7) above.\nE6. Amendments, cancellations and refunds\n1. You’ll find the cancellation policy in the Contract of Carriage, which is\navailable while you’re booking your Flight.\n2. There may be a fee for changing or cancelling your Flight.\n3. Airlines reserve the right to reschedule or cancel flights at their discretion.\n4. Different tickets from the same airline may have different restrictions or\ninclude different services.\n5. If you have any questions about changes, cancellations or refunds, please\ncontact our Customer Service team.\nE7. What else do you need to know?\nCode share\n1. Some airlines have ‘code share’ agreements with other\nairlines. So you may buy your ticket from one airline (your\n‘ticketing carrier’), but fly in a plane that’s owned by another\nairline (your ‘operating carrier’). In most cases like this, you will\ncheck in with your operating carrier – but please confirm this\nwith your ticketing carrier ahead of time.\n2. While you’re booking your Flight, you’ll be informed if it’s a\n‘code share’ Flight.\nAirline prohibited practices\n3. Most airlines don’t allow people to buy tickets that include\nflights they don’t intend to use – for example, a round-trip\nticket if the person doesn’t intend to use the return flight. For\nmore examples, just enter \"point-beyond ticketing\", \"hidden-\ncity ticketing\" or \"back-to-back ticketing\" into a search engine.\n4. When you purchase a Flight, you agree not to do this, and to\nindemnify us against any airline claims for any difference\nbetween the cost of your actual journey and the cost of the full\njourney specified on your ticket(s).\nUse of flight segments\n5. Most airlines require customers to use their flights in order.\nSo if you don’t take your first Flight, your airline may\nautomatically cancel the rest of your itinerary.\n6. If your airline does allow you to ‘skip’ any Flights in your\nitinerary, please make sure you cancel the Flight(s) you don’t\nwant, in line with the cancellation policy. Note that you may not\nbe entitled to a full refund (or any refund) for these unused\nFlights.\nOne-way tickets\n7. If you buy two one-way tickets rather than a single round-trip\nticket:\nyou’ll be making two separate Bookings, each with its own rules and\npolicies\n\nany changes to one Flight will not affect the other (for example, if your\ninitial Flight is cancelled, you won’t be guaranteed a refund for your\nsecond Flight).\n8. If you’re travelling abroad, you may need to prove to the\nCheck-in and/or Immigration staff that you have a return Flight\n(see ‘International travel’ below for more on passports, visas,\netc).\nCharges, taxes and fees\n9. Your fare will include any taxes and fees charged by an airline\nor government (except entry/exit fees - see ‘Entry/exit fees’\nbelow). You may be responsible for dealing with any retroactive\nchange in the tax rate.\nBooking fee\n10. We don’t charge any booking fees - but the Third-Party\nAggregator might, depending on which Flight you’ve chosen.\n11. If they do, the fee will be included in the price of your ticket.\nFees for baggage and other extras\n12. Your airline may charge for checked baggage,\nexcess/overweight baggage, priority boarding, allocated\nseating, onboard entertainment, food and drink and/or airport\ncheck-in.\n13. If they do, the charge(s) will be on top of the price of your\nticket (unless it’s expressly stated that your Flight included the\nextra(s)).\nInternational travel\n14. It’s your responsibility to:\ncarry a valid passport and/or visa if required\ncomply with any entry requirements\nfind out if you need a visa to pass through a country that isn’t your final\ndestination\ncheck with the relevant embassy in advance to see if there’s been any\nchange in passport, visa or entry requirements\nreview any warnings or advice from your country of residence/origin\nbefore you go to/through a country or region.\n15. By arranging travel to or from any location, we are not\nguaranteeing that it is without risk – and, to the fullest extent\npermitted by law, we will not be liable for any resulting damages\nor losses.\n16. It’s not a common practice, but international law allows\n‘disinsection’ of aircraft to kill insects. To do this, personnel\nmight spray the aircraft’s cabin with an aerosolised insecticide\nwhile passengers are on board, or treat its interior surfaces with\na residual insecticide while they’re not on board. Before you\n\ntravel, we advise you to find out about disinsection, including\nwhere it might happen.\nEntry/exit fees\n17. Your fare will not include any fee that a country or airport\ncharges people entering/leaving the country and that is\ncollected directly at the airport. Before you travel, we advise\nyou to find out if you’ll have to pay this kind of fee.\nUK: Your financial protection\n18. ATOL Holder: Booking.com B.V.\n19. ATOL Licence Number: 11967\n20. Within the UK, we provide full financial protection for our\nATOL protected flight only sales by way of our Air Travel\nOrganiser's Licence number 11967, issued by the Civil Aviation\nAuthority, Aviation House, Beehive Ringroad, West Sussex, RH6\n0YR, UK, telephone +44 (0)333 103 6350, email\[email protected].\n21. When you buy an ATOL protected flight from us you will\nreceive an ATOL Certificate. This lists what is financially\nprotected, where you can get information on what this means\nfor you and who to contact if things go wrong.\n22. We, or the suppliers identified on your ATOL Certificate, will\nprovide you with the services listed on the ATOL Certificate (or\na suitable alternative). In some cases, where neither we nor the\nsupplier are able to do so for reasons of insolvency, an\nalternative ATOL holder may provide you with the services you\nhave bought or a suitable alternative (at no extra cost to you).\nYou agree to accept that in those circumstances the alternative\nATOL holder will perform those obligations and you agree to\npay any money outstanding to be paid by you under your\ncontract to that alternative ATOL holder. However, you also\nagree that in some cases it will not be possible to appoint an\nalternative ATOL holder, in which case you will be entitled to\nmake a claim under the ATOL scheme (or your credit card\nissuer where applicable).\n23. If we, or the suppliers identified on your ATOL certificate,\nare unable to provide the services listed (or a suitable\nalternative, through an alternative ATOL holder or otherwise)\nfor reasons of insolvency, the Trustees of the Air Travel Trust\nmay make a payment to (or confer a benefit on) you under the\nATOL scheme. You agree that in return for such a payment or\nbenefit you assign absolutely to those Trustees any claims\nwhich you have or may have arising out of or relating to the\nnon-provision of the services, including any claim against us,\n\nthe travel agent (or your credit card issuer where applicable).\nYou also agree that any such claims may be reassigned to\nanother body, if that other body has paid sums you have\nclaimed under the ATOL scheme.\nEU: Passengers' rights under EU Regulation 261/2004\n24. If your flight is delayed or cancelled, or you’re denied\nboarding, you may be entitled to compensation/assistance\nunder EU Regulation 261/2004 if:\nYou’re flying into the European Union (EU)\nYou’re flying out of the EU\nYour Flight is provided by an EU airline\nEU: Airline carrier liability under EU Regulation 889/2002\n25. If there’s an accident that happens within the EU, EU\nRegulation 889/2002 might apply to you.\nEU: Rights of disabled persons and persons with reduced\nmobility when travelling by air under EU Regulation\n1107/2006\n26. EU Regulation 1107/2006 provides for certain rights for\npeople who are disabled or have reduced mobility.\nHow We Work\n27. For info on reviews, ranking, how we make money (and\nmore), check out How We Work.\nF. Private and Public Transport\nF1. Scope of this section\nF2. Contractual relationship\nF3. What we will do\nF4. What you need to do\nF5. Price and payment\nF6. Amendments, cancellations and refunds\nF7. What else do you need to know?\nF1. Scope of this section\n1. This section contains the specific terms for Private and\nPublic Transport products and services.\nF2. Contractual relationship\n1. When you pre-book Private or Public Transport, your Booking\nwill be directly with the Service Provider. When you book an\nOn-Demand Private Transport, your Booking will be with the\nThird-Party Aggregator. In all cases, our Terms will govern the\nbooking process.\n2. Pre-Booked Private Transport. You and the Service\nProvider both agree to comply with these Terms.\n\n3. Public Transport and On-Demand Private Transport.\nYou’ll be provided with the Service Provider’s terms during the\nbooking process. If there is any mismatch between their terms\nand our Terms, their terms will apply.\n4. On-Demand Private Transport. By making a Booking, you are\nconfirming that you:\nhave read and accept the Service Provider's terms\nagree to contact the Service Provider directly about anything that goes\nwrong\nunderstand that the Service Provider is responsible for arranging and\nproviding your Private Transport, choosing routes, setting prices, and\nproviding all relevant information\naccept that we just provide a booking platform (known as an API service),\nand will not be liable for any loss you suffer because of anything the\ndriver/Service Provider does or does not do.\nNot all Service Providers have their own terms, but you’re\nwelcome to check out all the terms that we’ve been provided\nwith.\nF3. What we will do\n1. We provide the Platform on which Service Providers can promote and sell\ntheir Travel Experiences – and you can search for, compare and book them.\n2. Once you’ve made your Booking, we’ll give the Service Provider your\ndetails (e.g. your name, phone number and pick-up location).\n3. All Private Transport. We’ll give you the Service Provider's contact details.\n4. Pre-Booked Private Transport. We’ll make sure the Service Provider\nknows what size of vehicle you’ve requested.\n5. Public Transport. We’ll give you (or tell you how to collect) your ticket(s).\nF4. What you need to do\n1. You must check the details of your Booking carefully, and\nprovide all the information we need to arrange your Booking\n(your requirements, contact details, etc.).\n2. You must make sure everyone in your group complies with\nour Terms and (where applicable) the Service Provider’s terms,\nwhich you saw and accepted during the booking process. You\nacknowledge that if you breach them:\nyou might have to pay additional charges\nyour Booking might be cancelled\nyour driver may refuse to transport you.\n3. You must bear in mind that estimated journey times don’t\ntake traffic conditions into account.\n4. All Private Transport. You must make sure all passengers\nare at the pick-up location on time.\n5. All Private Transport. At and around your Pick-up Time, you\nmust have the phone (whose number you entered when you\nmade your Booking) switched on and able to receive calls/texts,\n\nin case the driver needs to contact you. We can't guarantee\nthey’ll be able to reach you through messaging applications\nsuch as WhatsApp or Viber.\n6. Pre-Booked Private Transport. For any airport pick-up, you\nmust give us your flight details at least 24 hours before your\nPick-up Time, so your Service Provider can adjust the Pick-up\nTime if your flight is delayed. If they can’t provide a Private\nTransport following a flight delay or cancellation, please\ncontact our Customer Service team.\n7. Public Transport. You must make sure all passengers arrive\non time, leaving enough time to collect tickets if necessary.\n8. You must be 18 or older to make a Booking, and any\npassenger under 18 must be accompanied by a responsible\nadult.\n9. You must make sure no passenger behaves inappropriately -\ne.g. being abusive or doing anything that might endanger\nsomeone.\n10. You must make sure you choose Public/Private Transport\nthat’s suitable (in terms of party size, amount of luggage,\naccessibility requirements, etc.).\nF5. Price and payment\n1. Booking.com Transport Limited is the merchant of record for\nyour Booking. For details of our payment process, please see\n‘Payment’ (A7) above.\n2. Pre-Booked Private Transport. Price includes any tolls,\ncongestion charges, taxes and peak surcharges. Payment is\ntaken at the time of booking.\n3. On-Demand Private Transport. Price will be confirmed\n(and payment taken) when your driver drops you off. The price\nmight be different from the price estimated when you booked.\nYou are responsible for any tolls, congestion charges, taxes,\npeak surcharges and gratuities.\n4. Public Transport. Payment is taken when your Booking is\nconfirmed. Before departure, the Service Provider may need to\nsee your ticket(s)/e-ticket(s). Please keep it/them with you at all\ntimes, or you might have to pay again.\n5. The Service Provider/driver doesn’t have to agree to any\nchanges to the Journey that you request in person. If they do,\nthey may charge extra.\nF6. Amendments, cancellations and refunds\nCancellation\n1. In most cases...\nPre-Booked Private Transport. You can cancel for free up to 24 hours\nbefore your Pick-Up Time (2 hours in some cases - please see your\n\nconfirmation). If you don't cancel on time, you won't be entitled to a\nrefund.\nOn-Demand Private Transport. You can cancel anytime before your\nPick-Up Time, but the Service Provider may charge you a cancellation\nfee.\nPublic Transport. You probably won’t be entitled to a refund once your\nBooking is confirmed. If your plans change, please contact our Customer\nService team to discuss any options that might be available.\n2. If your Service Provider has a different cancellation policy\n(which you’ll see while booking), their policy will apply instead.\n3. We and/or the Service Provider may cancel the Booking with\nlittle or no notice - but this would only happen in very specific\nsituations. For example, if:\nthe Service Provider becomes insolvent or is genuinely unable to honour\nyour Booking – in which case we'll do our best to arrange alternative\ntransport (and we'll refund you in full if we can't)\nyou are in breach of these Terms and/or the Service Provider's terms – in\nwhich case you won't be entitled to any refund.\nAmendments (changes) before your Journey begins\n4. Pre-Booked Private Transport. Your confirmation email will\ntell you how much notice you need to give (ahead of your Pick-\nup Time) to request any changes to your Booking (such as\nlocation or time).\n5. On-Demand Private Transport. To change your Booking,\nyou may need to cancel it (which might incur a cancellation fee)\nand make a new one.\n6. Public Transport. You cannot change your Booking once it's\nconfirmed.\n7. If we/the Service Provider need to change your Booking (for\nexample, if there’s a strike that interferes with your journey),\nwe’ll tell you as soon as we can. If you then decide to cancel:\nAny Transport. Unless you cancel for one of the reasons in the next\nbullet, you’ll be entitled to a full refund (no matter how close your journey\nis).\nAny Private Transport. If the change is simply a new driver, a new\nService Provider, or a new (similar) vehicle, you won’t be entitled to a\nrefund (unless you’re cancelling with enough notice).\nEither way, neither we nor the Service Provider will be liable for\nany costs you may incur (e.g. alternative transport or hotel\nrooms).\nRefunds\n8. If you wish to apply for a refund, you must do so in writing no\nmore than 14 days after your Pick-up Time.\n9. Any refund may take up to 5 working days to arrive in your\naccount.\n\n10. All Private Transport. If your driver isn’t at the pick-up\nlocation on time, you can apply for a refund, and we’ll\ninvestigate this for you.\n11. All Private Transport. You won't be entitled to a refund if\nyour Journey doesn't go ahead as planned because:\nthe driver/Service Provider can't contact you\none or more passengers isn't at the pick-up location on time, and you\nhaven't requested a new Pick-up Time\nyou request unreasonable changes to the Pick-up Time or Journey\nyou don’t tell us / the Service Provider / the driver about a change you\nwant to make\nyou’d provided incorrect details when booking your Private Transport\n(pick-up location, contact details, number of people, amount of luggage,\netc.)\nof something that one or more passengers did/didn’t do.\nF7. What else do you need to know?\nPre-Booked Private Transport\n1. Please check your confirmation email to see how long the\ndriver will wait at the pick-up location.\nOn-Demand Private Transport\n2. The driver may not wait beyond the Pick-up Time - and if\nthey do, they may charge you for the time spent waiting. If you\naren’t at the pick-up location on time, you may be charged a\ncancellation fee.\nRepair or cleaning charges\n3. If anything needs to be repaired or cleaned because\nsomeone in your group has done something unreasonable or is\nin breach of these terms, you will be responsible for the cost of\nrepairs/cleaning.\nHow We Work\n4. For info on reviews, ranking, how we make money (and\nmore), check out How We Work.\nBooking.com dictionary\n‘Account’ means an account (with Booking.com or a Group\nCompany), through which you can book Travel Experiences on\nour Platform.\n‘Accommodation’ means the provision of an accommodation\nservice by a Service Provider (throughout Section B, ‘Service\nProvider’ means the provider of the accommodation service).\n‘Attraction’ means the provision of an Attraction service by a\nService Provider (throughout Section C, ‘Service Provider’\nmeans the provider of the Attraction service).\n\n‘Attraction service(s)’ includes, but is not limited to, tours,\nmuseums, attractions, activities and experiences.\n‘Booking’ means the booking of a Travel Experience on our\nPlatform, whether you pay for it now or later.\n‘Booking.com’, ‘us’, ‘we’ or ‘our’ means Booking.com B.V. (for\naccommodation, flights or attractions) or Booking.com\nTransport Limited (for any ground transport service). Corporate\ncontact\n‘Booking Confirmation’ (in the ‘Car rentals’ section) means the\nconfirmation email and voucher we send you, explaining the\ndetails of your Booking.\n‘Cash Credits’ means a benefit with a monetary value that you\ncan ‘cash out’ to the Payment Method that we have on file for\nyou, or put towards the cost of a future Travel Experience.\n‘Contract of Carriage’ means the contract between you and the\nService Provider, which deals with your Flight.\n‘Credits’ means a benefit with a monetary value. There are\n‘Cash Credits’ and ‘Travel Credits’.\n‘Credit Card Cashback’ means a benefit with a monetary value\nthat can be cashed out to the credit card that we have on file\nfor you, but can’t be put towards the cost of a future Travel\nExperience.\n‘Currency Conversion Rate’ means the rate that we use to\nconvert currency; this is currently the WM/Refinitiv Closing\nSpot Rate, but this may change.\n‘Eligible Booking’ means a Booking that meets the criteria to\nqualify for a Reward.\n‘Flight’ means the provision of a flight by a Service Provider\n(throughout Section E, ‘Service Provider’ means the airline).\n‘Group Company’ means an affiliate of Booking.com – either a\ndirect shareholding of Booking.com or part of the Booking\nHoldings Inc. group.\n‘Individual Reward Criteria’ means rules that apply to certain\nRewards – in addition to the general ‘Rewards, Credits & Wallet’\nterms (A13) above.\n‘Intermediation Contract’ (in the ‘Flights’ section) means the\ncontract between you and the Third-Party Aggregator, which\ndeals with the way they arrange your Flight ticket (and, in some\ncases, any extras) with the airline or another company.\n‘Main Driver’ means the driver whose details were entered\nduring the booking process – the only person who can change\nor cancel that Booking, or discuss it with us (unless they tell us\nthey nominate someone else to do this).\n\n‘On-Demand Private Transport’ means a private vehicle that\nyou request when you arrive at the pick-up location (or just\nbefore).\n‘Our Services’ (in the ‘Car rentals’ section) means our online car\nhire reservation system, through which Service Providers can\noffer their products and services – and you can book them.\n‘Pay In Your Own Currency’ means the payment option that we\nsometimes offer when a Service Provider doesn’t use your\ncurrency. This option lets you pay in your currency instead.\n‘Payment Method’ means the method (credit card, debit card,\nbank account, PayPal, ApplePay, etc.) used to make a payment\nor transfer money.\n‘Pick-up’ (in the ‘Car rentals’ section) means the process at the\nstart of your Rental, when you provide the required ID and other\ndocumentation, pay for any fees and additional extras, enter\ninto the Rental Agreement, and collect your car.\n‘Pick-up Time’ (in the ‘Car rentals’ section) means the (local)\ndate and time you’re due to pick up your car, as stated in your\nBooking Confirmation.\n‘Pick-up Time’ (in the ‘Private and Public Transport’ section)\nmeans the (local) time when a Pre-Booked Private Transport is\ndue to reach the pick-up location, or when an On-Demand\nPrivate Transport actually reaches the pick-up location.\n‘Platform’ means the website/app on which you can book Travel\nExperiences, whether owned or managed by Booking.com or by\na third-party affiliate.\n‘Pre-Booked Private Transport’ means a private vehicle that you\nrequest at least 2 hours before you arrive at the pick-up\nlocation.\n‘Private Transport Journey’ means the private transport journey\nas set out in the Booking (including any changes after the\nBooking was made).\n‘Public Transport’ means trains, buses, trams and other types\nof public transport.\n‘Public Transport Journey’ means the public transport journey\nas set out in the Booking (including any changes after the\nBooking was made).\n‘Rental’ (or ‘Car Rental’) means the provision of a car by a\nService Provider (throughout Section D, ‘Service Provider’\nmeans the rental company that provides the car).\n‘Rental Agreement’ means the contract between you and the\nService Provider, which you sign at Pick-up. You’ll be provided\nwith a summary of the key terms during the booking process.\n\n‘Rewards’ means a benefit that you are promised. In most\ncases, Rewards will be Travel Credits, Cash Credits, a Credit\nCard Cashback, or a voucher for an item of some kind.\n‘Service Provider’ means the provider of a travel-related\nproduct or service on the Platform, including but not limited to:\nthe owner of a hotel or other property (for an 'accommodation'\nBooking), a museum or park (for an 'attraction' Booking), or a\ncar rental company or airline (for a 'transport' Booking).\n‘Services’ (in the ‘Private and Public Transport’ section) means\nthe provision of a Public Transport Journey or Private Transport\nJourney.\n‘Terms’ means these terms of service.\n‘Third-Party Aggregator’ means a company that acts as either\n(a) an intermediary between you and the Service Provider or (b)\na reseller of the Travel Experience.\n‘Third-Party Terms’ (in the ‘Flights’ section) means both the\nIntermediation Contract and the Contract of Carriage.\n‘Travel Credits’ means a benefit with a monetary value that you\ncan put towards the cost of a future Travel Experience, but\ncan’t ‘cash out’.\n‘Travel Experience’ means one of the travel-related products or\nservices on the Platform.\n‘Upfront Payment’ means a payment that you make when you\nbook a product or service (rather than when you actually use\nit).\n‘Wallet’ means a dashboard in your Account that shows your\nRewards, Credits and other incentives.\nVERSION: 1.0\nDATE: 14 February 2022\nWe'll update these terms of service on a regular basis (once or twice per\nyear).\nFor reservations made before 14 February 2022\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":1,"explanation":"When the company reserves the right to change the contract with a valid reason specified in the contract or does not reserve a right to change it at all"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Hotels.com","url":"https://ie.hotels.com/customer_care/terms_conditions.html","lang":"ENG","sector":"Travel","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Paid","date":"06.12.2021"},"document":{"title":"","text":"Terms and Conditions\n1. INTRODUCTION\n \nIn these terms and conditions the terms \"we\", \"us\", \"Company\" and \"Hotels.com\" refer to\nHotels.com, L.P., a Texas Limited Partnership having its registered office at 5400 LBJ\nFreeway, Suite 500, Dallas, Texas 75240 , USA, its affiliates and/or their respective suppliers\nand providers, and \"you\" refers to the individual person creating an account with us and/or\nthe customer booking a reservation directly through this website, or indirectly through any of\nour affiliates through whom we provide services.\n \nThese terms and conditions have the following sections:\n(1) Introduction\n(2) Use of Hotels.com website\n(3) Privacy Statement\n(4) Types of Products and Services\n(5) Supplier Rules and Restrictions\n(6) Travel Destinations and Travel Advice\n(7) How We Order Your Search Results\n(8) Prices\n(9) Service Fees, Taxes and Tax Recovery Charges\n(10) Payments\n(11) Currency Converter\n(12) Price Guarantee\n(13) Discount Codes\n(14) Secret Prices\n(15) Hotels.com™ Rewards\n(16) User Reviews, Comments, Photos and Content\n(17) Photo Submission Guidelines\n(18) Notification of Infringements of Intellectual Property\n(19) Customer Complaints\n(20) Liability\n(21) Indemnification\n(22) Links to Third-Party Sites\n(23) Software Available on this Website\n(24) General\n(25) Governing Law and Jurisdiction\n(26) Use of App\n \n2. USE OF HOTELS.COM WEBSITE\n \nThe Hotels.com website is provided by Hotels.com solely to assist customers in researching,\nfinding and determining the availability of travel-related goods and services and to make\nlegitimate reservations or otherwise transact business with suppliers, and for no other\npurposes.\n \nThis website is offered to you and is conditioned on your acceptance without modification of\nthe conditions, terms and notices contained in these terms and conditions as they exist at the\ntime of your relevant use of the website including when any travel reservation is made (as\napplicable). All use of your account by you and use by us of the information related to your\naccount are subject to these terms and conditions. In addition, these terms and conditions\n(and any supplier rules and restrictions referenced below and/or made available to you\nbefore you complete any booking) apply to the offering and providing of services via this\nwebsite. Your use of this website constitutes your agreement to all such conditions, terms\nand notices contained in these terms and conditions and it is your responsibility to familiarise \n\nyourself with these terms and conditions and any supplier rules and restrictions. If you do not\nagree with these terms and conditions, then you are not authorized to use this website.\nHotels.com may extend the benefit of the arrangements in these terms and conditions to\naffiliates which offer an online travel service.\n \nHotels.com reserves the right to change the terms, conditions, and notices contained in or\nreferred to in these terms and conditions and under which this website/these services are\noffered at any time and suppliers may change supplier rules and restrictions referred to in\nthese terms and conditions at any time, and you agree to accept and be bound by those\nterms that are in effect at the time of your relevant use of this website and its facilities\nincluding when any travel reservation is made by you (as applicable). These terms and\nconditions may not be changed by any unauthorized person, including employees of\nHotels.com.\n \nWe recommend you save or print a copy of these terms and conditions when making a\nbooking/reservation, for reference.\n \nYou warrant that you are at least 18 years of age (or the age of majority in your country) and\npossess the legal authority to enter into this agreement and to use this website in accordance\nwith all terms, conditions and notices herein.\n \nYou agree to be financially responsible for all of your use of this website (as well as for use of\nyour account by others, including, without limitation, minors living with you), including that\nyou shall be completely responsible for all charges, fees, duties, taxes and assessments\narising out of your use of this website. You agree to supervise all usage of this website by\nminors under your name or account. You also warrant that all information supplied by you or\nmembers of your household in using this website is true and accurate.\n \nThis website is for your personal and non-commercial use only. The content and information\non this website (including, without limitation, price and availability of travel services), as well\nas the infrastructure used to provide such content and information, is proprietary to\nHotels.com or its suppliers and providers. Accordingly, as a condition of using this website,\nyou agree not to use this website or its contents or information for any commercial or non-\npersonal purpose (direct or indirect). While you may make limited copies of your travel\nitinerary (and related documents) for travel or services purchased through this website, you\nagree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license,\ncreate derivative works from, transfer, or sell or re-sell any information, software, products, or\nservices obtained from this website. In addition you agree not to: \n \nuse this website or its contents for any commercial purpose, such as (but not limited to)\nmaking reservations for travel services or other products for the purposes of resale;\naccess, monitor or copy any content or information of this website using any robot,\nspider, scraper or other automated means or any manual process for any purpose\nwithout express written permission of Hotels.com;\nviolate the restrictions in any robot exclusion headers on this website or bypass or\ncircumvent other measures employed to prevent or limit access to this website;\ntake any action that imposes, or may impose, in the discretion of Hotels.com, an\nunreasonable or disproportionately large load on the Hotels.com infrastructure; \ndeep-link to any portion of this website (including, without limitation, the purchase path\nfor any travel services) for any purpose without express written permission of\nHotels.com; or\nuse this website for any purpose that is unlawful or prohibited by these terms and\nconditions.\n \nYou agree that the travel services reservations facilities of this website shall be used only to\nmake legitimate reservations or purchases for you or for another person for whom you are\n\nlegally authorized to act. Without limitation, any speculative, false, or fraudulent reservation\nor any reservation in anticipation of demand is prohibited. You understand that overuse,\nsuspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this\nwebsite may result in Hotels.com cancelling any bookings associated with your name, email\naddress, or account, and closing any associated Hotels.com accounts. Hotels.com may also\ncancel any bookings associated with your name, email address, or account, and close any\nassociated Hotels.com accounts if you have made multiple reservations on this website and\nHotels.com considers (acting reasonably) that any such reservation is for the purposes of\nreselling. If such reservations cancelled are non-refundable bookings, Hotels.com reserves\nthe right not to refund you for the cancelled reservations.\n \nIf you have conducted any fraudulent activity, Hotels.com reserves the right to take any\nnecessary legal action and you may be liable for monetary losses to Hotels.com, including\nlitigation costs and damages.\n \nTo contest the cancellation of a booking, or freezing or closure of an account, please contact\ncustomer service at the telephone and further details set out in the ‘contact us’ portal under\n‘Support and FAQs’ on the website.\n \n3. PRIVACY STATEMENT\n \nHotels.com believes in protecting your privacy. Please click here to view our current Privacy\nStatement, which also governs your use of the website, to understand our current practices.\n \n4. TYPES OF PRODUCTS AND SERVICES\n \n4.1. Accommodation bookings\n \n4.1.1. Pay now/online or Pay later/at property\nWith certain properties, when booking via the website, you may be presented with\nthe payment option to \"pay now/pay online” or to \"pay later/pay at property”. If you select\nthe \"pay now/pay online\" payment option, we will make the service available to you directly\nand you will be charged the amount in the currency that you select immediately. The\ncompany taking that payment and charging your credit card will be TPX or another member\nof the Hotels.com companies (as defined below) doing business as Hotels.com, taking such\npayment on behalf of Hotels.com L.P. ‘TPX’ means Travel Partner Exchange S.L. whose\nregistered office is Paseo Milicias de Garachico 1, Edificio Hamilton, oficina 79 38002 Santa\nCruz de Tenerife Islas Canarias, Spain. \n \nIf you select the \"pay later/pay at property\" option, the property will charge you in the\nselected currency of the relevant property at the time of your stay. Where the \"pay later/pay\nat property\" option has been selected, the property makes the service available to you\ndirectly. For these transactions, you will enter into a contract with the property and we will act\nsolely as an intermediary between you and the property (but not as a payment intermediary),\ntransmitting the details of your reservation to the relevant property and sending you a\nconfirmation email for and on behalf of the property. If you select the \"pay later/pay at\nproperty\" option and you do not show up or cancel the booking, the property may impose a\nno-show or cancellation fee (the detail of any fee will be notified to you as part of the booking\nprocess). In this event, either the property or we will charge the property’s no-show or\ncancellation fee in the property’s relevant currency.\n \nWhether the service is made available to you by us when you pay online, or made available\nby the property when you opt to pay later, you will be provided with the terms and conditions\nand rules and restrictions of the property during the course of booking and in your\nconfirmation email. \n \n4.1.2.Confirming, changing or cancelling accommodation bookings \n\n \nThe Booking Confirmation, which includes the essential elements such as the description of\nthe service(s) booked and the price, will be sent to you by e-mail. If you do not receive a\nBooking Confirmation e-mail within 24 hours of placing the booking, please contact customer\nservices. It is expressly agreed that the data stored in the information systems of Hotels.com\nor its suppliers shall constitute proof with respect to the bookings made by you. Data stored\nin computers or electronic media are valid proof and shall therefore be acceptable under the\nsame conditions and with the same evidential value as a physical written document.\n \nYou can change or cancel your lodging booking either online under Reservations when\nsigned into your Hotels.com account, by emailing our customer services at [email protected]\nor contacting customer services at the further details set out in the ‘contact us’ portal under\n‘Support & FAQs’ on the website.\n \nYou do not have an automatic right to cancel your contract with us or booking with the\nproperty unless such rights are provided by the property to which your reservation relates\nunder their specific rules and restrictions, which will be provided to you prior to you\ncompleting any booking.\n \nYou agree to pay any supplier required cancellation or change fees that you incur when\nthe property makes the service available to you directly. When we make the service available\nto you, we reserve the right to pass along to you any cancellation or change fees we incur\nwhen cancelling or changing your reservation(s) with the property. In some cases, some\nproperties do not permit changes to or cancellations of reservations after they are made, as\nindicated in the rules and restrictions for the reservation. You agree to abide by the terms and\nconditions imposed with respect to your reservations.\n \nYou can change your guest name, bed type, smoking preference, special requests,\naccessibility options, room type, number of guests and travel dates at no charge to you by\nHotels.com, however suppliers may impose change and/or cancellation fees. Charges vary\nby reservation, so please review the rules and restrictions made available to you prior to\nmaking any booking. You can also see your confirmation email for details.\n \nHotels.com (and the applicable suppliers) reserve the right to cancel a reservation if full\npayment for any amounts including any applicable change fee relating to the reservation are\nnot received in a timely fashion.\n \nIn the event that a property is unable to honour your booking, Hotels.com will not be liable for\nany cost incurred due to relocation.\n \nIf you do not show for the first night of your reservation but plan to check-in for subsequent\nnights in the reservation, you must confirm the reservation with Hotels.com no later than the\noriginal date of check-in to prevent cancellation of the whole booking. If you do not confirm\nthe booking changes with Hotels.com the whole booking may be cancelled and refunds will\nonly be due to you in line with the Rules and Restrictions of the particular property, as notified\nin the booking process. \n \n4.1.3.Large group and long stay bookings\n \nYou may not book more than 8 rooms online for the same property/stay dates. If we\ndetermine that you have booked more than 8 rooms in total in separate reservations, we may\ncancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-\nrefundable deposit, your deposit will be forfeited. If you wish to book 9 or more rooms, you\nmust contact our group travel specialists by phone or by filling out the group travel form\nonline. One of our group travel specialists will research your request and contact you to\ncomplete your reservation. You may be asked to sign a written contract and/or pay a non-\nrefundable deposit.\n \n\nYou may not book more than 28 nights online for the same property. If we determine that you\nhave booked more than 28 nights in total in separate reservations, we may cancel your\nreservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable\ndeposit, your deposit will be forfeited. If you wish to book 29 nights or more, you must contact\nHotels.com’s long stay travel specialists by phone or by filling out the long stay travel form\nonline. One of our long stay travel specialists will research your request and contact you to\ncomplete your reservation. You may be asked to sign a written contract and/or pay a non-\nrefundable deposit.\n \n4.2. Linked travel arrangements\n \n'Linked Travel Arrangement’ means the same as the definition of a “linked travel\narrangement” in the Directive (EU) 2015/2302 of the European Parliament and of the Council\nof 25 November 2015 on Package Travel and Linked Travel Arrangements as implemented\ninto national law (‘Directive (EU) 2015/2302’). Directive (EU) 2015/2302 as transposed into\nnational law is available here: https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32\n015L2302.\n \nIn certain circumstances and depending on the travel services offered from time to time, a\nLinked Travel Arrangement may be formed as a result of travel services you decide to book\non or via this website. Where this possibility arises, you will be directed to read the important\ninformation below.\n \nIf, after selecting and paying for one travel service, you book additional travel services for\nyour trip or holiday via Hotels.com, you will NOT benefit from rights applying to packages\nunder Directive (EU) 2015/2302. Therefore, Hotels.com will not be responsible for the proper\nperformance of those additional travel services. In case of problems please contact the\nrelevant service provider.\n \nHowever, if you book a product with a third party such as car rental for your trip via a link on\nthe confirmation page or confirmation email not later than 24 hours after receiving the\nconfirmation of the property booking from Hotels.com, those travel services will become part\nof a linked travel arrangement. In that case Hotels.com has, as required by EU law,\nprotection in place to refund your payments to Hotels.com for services not performed\nbecause of Hotels.com's insolvency. Please note that if any of your payments go directly to\nthe relevant travel service provider Hotels.com has not taken out any protection to refund you\nin the event of the insolvency of the relevant service provider. More information on\ninsolvency protection is set out below:\n \nHotels.com has taken out insolvency protection by way of an insurance with International\nPassenger Protection Limited and underwritten by Liberty Mutual Insurance Europe SE, for\nany monies paid directly to Hotels.com. Travellers may contact International Passenger\nProtection Limited (Claims Office, IPP House, 22-26 Station Road, West Wickham, Kent,\nBR4 0PR, Tel 0345 2661872, Email: [email protected]) or via the contact\nand claim options at https://www.ipplondon.co.uk/claims-consumers.asp if the services are\ndenied because of Hotels.com's insolvency. Note: This insolvency protection does not cover\ncontracts with parties other than Hotels.com, (for example which can be performed despite\nHotels.com's insolvency).\n \n5. SUPPLIER RULES AND RESTRICTIONS\nWhere we make the services available to you directly, these terms and conditions incorporate\nthe suppliers' terms or conditions/rules and restrictions which are made available to you\nbefore any booking is made and which you accept at the moment that a booking is actually\nplaced. Please read these supplier terms carefully. You agree to abide by these terms and\nconditions as well as the suppliers' terms or conditions/rules and restrictions, including, but\nnot limited to, payment of all amounts when due and compliance with the supplier's rules and\nrestrictions regarding availability and use of fares, products, or services. It is your \n\nresponsibility to familiarise yourself with the suppliers' terms and conditions before making a\nbooking.\n \nYou acknowledge that some third-party providers offering certain services and/or activities\nmay require you to sign their liability waiver prior to participating in the service and/or activity\nthey offer. You understand that any violation of any such supplier's terms and conditions may\nresult in cancellation of your reservation(s) or purchase, in your being denied access to any\nflights, properties, or automobiles, in your forfeiting any monies paid for such reservation(s)\nor purchase, and in Hotels.com debiting your account for any costs Hotels.com incurs as a\nresult of such violation. You shall be completely responsible for all charges, fees, duties,\ntaxes, and assessments arising out of the use of this website.\n \n6. TRAVEL DESTINATIONS AND TRAVEL ADVICE\n \nYou are responsible for ensuring that you meet foreign entry requirements and that your\ntravel documents, such as passports and visas (transit, business, tourist, and otherwise), are\nin order and any other foreign entry requirements are met.\n \nAlthough most travel, including travel to international destinations, is completed without\nincident, travel to certain destinations may involve greater risk than others. Hotels.com urges\npassengers to review travel prohibitions, warnings, announcements and advisories issued by\nthe relevant Government Authority (eg https://www.dfa.ie/travel/travel-advice/). \n \nBY FEATURING TRAVEL PRODUCTS IN PARTICULAR DESTINATIONS ON THE\nWEBSITE, HOTELS.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO\nSUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND WILL NOT BE LIABLE\nFOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH\nDESTINATIONS.\n \nHealth: Recommended inoculations for travel may change at any time and you should\nconsult your doctor on current recommendations before you depart. It is your responsibility to\nensure that you obtain the recommended inoculations, take all recommended medication and\nfollow all medical advice in relation to your trip. \n \n7. HOW WE ORDER YOUR SEARCH RESULTS\nThere are many travel options available on our sites and we want to make your search\nresults as relevant as possible. That’s why we offer lots of ways to help you search for and\nplan your travel.\nOur site uses complex, dynamic algorithms to ensure your search results are ordered\nefficiently.\nOn the search results page, you can select how to sort the results we display, and also use\nfilter options to see only those search results that meet your chosen preferences. If you don’t\ndecide to use these features, then you’ll see our chosen default sort order which orders\nresults as follows:\nfor Accommodation\nResults are ordered starting with the most relevant and competitive offers based on a\nrange of factors, including a property’s offered price compared to its historical prices, its\nguest rating, number of reviews, number of bookings to date, and location (relative to\nyour destination search).\nThey are also further differentiated by traveller satisfaction factors, including the range\nand quality of images and information provided for properties, the number of guest\nrelocations and the number of refunds due to complaints about stays, property\navailability on our sites, and the overall price competitiveness for our travellers.\nIn addition, how much we are paid (eg: commissions from accommodation or\ncompensation on bookings) when you book a property and such booking is completed\nis one of the factors taken into consideration when determining the relative order of\nproperties with similar offers in our search results listings. What we are paid recognises\n\nthe part we play in listing the property on our site, facilitating the booking and facilitating\nyour stay at the property. Where we are displaying properties with a similar offer, then a\nbooking from which we are paid more commission or compensation will feature higher\nin our search results listing compared to other properties with similar offers where we\nare paid less commission or compensation on the booking.\nfor Things to Do\nResults are ordered by taking into account factors such as price, searched-for\nexperiences, location including distance from accommodation options, traveller reviews\nand local research. In addition, they may also take into account number of bookings to\ndate and compensation we may earn on a booking.\nfor Flights\nResults are ordered lowest to highest price. Where two flights have the same price, the\nshorter flight is listed first.\nfor Combined Searches and Vacation Packages\nResults are ordered by the criteria outlined above for each individual component.\nIf you select a specific sort order option such as those prioritising price, deals, guest\nreviews, property class or rating, distance from centre, etc., the results list will be ordered\nwith a focus on your selected priorities, using the factors described above as they relate to\nyour search. This will also be the case for some pages that showcase offers in a destination\nor for a style of accommodation, etc.\nIf you apply a filter, the results list will be presented using the factors described above as\nthey relate to your search, filtered by the specific feature(s) and amenity(ies) you’ve selected.\nWe’re constantly updating our systems and testing new ways to refine your results to make\nthem as relevant as possible to accommodate your needs.\n8. PRICES\n \nThe price of the travel services will be as quoted on the website from time to time, except in\ncases of obvious error. Prices are liable to change at any time, but changes will not affect\nbookings already accepted, except in cases of obvious error. Despite Hotels.com’s best\nefforts, some of the travel services listed on the website may be incorrectly priced.\nHOTELS.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING\nERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN\nINCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE\nOPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR\nWE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Neither Hotels.com nor any\nproperty is under any obligation to provide travel services to you at an incorrect (lower) price,\neven after you have been sent confirmation of your booking.\n \nYou acknowledge that Hotels.com pre-negotiates certain room rates with properties to\nfacilitate the booking of reservations. The room rate displayed on the website is a\ncombination of the pre-negotiated room rate and an amount retained by Hotels.com. You\nauthorize Hotels.com to book reservations for the total reservation price, which includes the\nroom rate displayed on the website, plus applicable taxes or tax recovery charges, service\nfees, and where applicable, taxes on the Hotels.com services. You agree that your credit\ncard will be charged by Hotels.com for the total reservation price. Upon submitting your\nreservation request you authorize Hotels.com, including Travelscape, LLC or Travel Partner\nExchange, S.L. (TPX), to facilitate your reservations, including making payment\narrangements with properties.\n \n9. SERVICE FEES, TAXES AND TAX RECOVERY CHARGES\n \n\nWe retain service fees as part of our compensation for making your travel reservation.\nService fees vary based on the amount and type of reservation.\n \nYou acknowledge that, depending on applicable law, Hotels.com may collect taxes on “pay\nnow/pay online” property transactions for remittance directly to applicable taxing authorities\nor it may collect tax recovery charges. Tax recovery charges are a recovery of the\nestimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.)\nthat Hotels.com pays to the property supplier for taxes due on the property's rental rate for\nthe room. If a tax recovery charge applies, the property suppliers invoice or charge\nHotels.com for certain amounts, including the tax recovery charge amount. The property\nsuppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. \n \nTaxability and the appropriate tax rate vary greatly by location. Hotel.com's actual tax cost\npaid to the vendor may vary from the tax recovery charge, depending upon the rates,\ntaxability, etc. in effect at the time of your actual use of the property.\n \nTAXES\n \nAccommodations\n \nSales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge\nfor our services (service fee and/or facilitation fee) in certain jurisdictions. In some\njurisdictions, we are required to collect and remit state and/or local taxes on either the entire\namount of your booking or on the room rate paid to the hotel. The actual tax amounts on our\nservices may vary depending on the rates in effect at the time of your hotel stay. \nOther Travel Services\n \nIn some jurisdictions, we may be required to collect and remit state and/or local sales taxes\non the total amount of your booking or, in some cases, on the rate that we pay to the travel\nsupplier (i.e. rental car company, etc.).\n \n10. PAYMENTS\n \nThe price of services booked on the website or by telephone must be paid either to (i)\nHotels.com or TPX or (ii) directly to the suppliers. Payment may be charged by more than\none party (as will be shown on your bank or credit card statement) however the total amount\ncharged will not exceed the total price of the services. Please refer to the details shown\nduring the reservation process to confirm how and when payment will be made. \n \nTax rates and foreign exchange rates could change in the time between booking and stay.\nYou shall provide the details of your payment card and the supplier or Hotels.com will often\nhave to verify: (i) the validity of the payment card (through a charge of a nominal value that is\neither refunded within a few days or deducted from the final payment due to the supplier)\nand, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing\nyour credit card). Hotels.com and properties reserve the right to cancel your booking if full\npayment is not received in a timely fashion. \n \nMany bank and credit card companies charge their account holders a transaction fee when\nthe card issuer and the merchant location (as defined by the card brand (e.g. Visa,\nMasterCard, American Express) are in different countries. The currency exchange rate, if\napplicable, and any transaction fee are determined solely by the bank or other agency\nprocessing the transaction. These fees may be applied by the card issuer as a charge to the\ncardholders account. This means the amount listed on your credit or debit card statement\nmay be a different figure than the figure shown on the billing summary page for a reservation\nbooked on this website. If you have any questions about these fees or any exchange rate\napplied to your booking, please contact your bank. Some banks and card issuing companies\nimpose fees for cross border or international transactions. For example, if you are making a\n\nbooking using a card issued in a different country from the merchant's location, your card\nissuing company may charge you a cross border or international transaction fee. In addition,\nsome banks and card issuing companies impose fees for currency conversion. For example,\nif you are making a booking in a currency other than the currency of your credit card, your\ncredit card company may convert the booking amount to the currency of your credit card and\ncharge you a conversion fee. If you have any questions about these fees or the exchange\nrate applied to your booking, please contact your bank or card issuing company.\n \nIn addition to card payments, you may be presented with further payment options, such as\npayment by instalments, offered by parties other than Hotels.com (“3rd Party Payment\nOptions”). If you select a 3rd Party Payment Option you will do so pursuant to such 3rd\nparty’s applicable terms and conditions which shall be read and accepted by you when\nselecting the relevant payment option and will form a contract between yourself and such 3rd\nParty. Our customer care agents are unable to provide advice regarding 3rd Party Payment\nOptions. Questions related to 3rd Party Payment Options must be directed to such 3rd Party\ndirectly.\n \n11. CURRENCY CONVERTER\n \nIf a currency converter is available on the website, the currency rates displayed are based on\nvarious publicly available sources and should be used as guidelines only and we and/or our\nrespective suppliers do not warrant or guarantee accuracy.\n \n12. PRICE GUARANTEE\n \nIf you find a lower rate on Hotels.com or on another website by 23:59 local time the day\nbefore your stay, we will offer you the difference subject to the price guarantee terms and\nconditions below.\n \nPackage reservations and reservations of non lodging services are not eligible for this\nguarantee, and other terms and conditions apply, as per the below.\n \n12.1. Submitting a Claim\n \n• For non-refundable bookings: Hotels.com will compensate you by issuing a coupon for\nuse on a lodging booking on the website with a value corresponding to the price difference.\nThe coupon can be used on a future pre-paid lodging booking on the Hotels.com website.\nYou must contact the customer call centre or submit your request using the online Price\nGuarantee form by 23:59 local time the day before your stay. The room with the lower rate\nmust be available for booking at the time you contact us, as determined by our customer\nservice representatives. Coupons will be sent to you by email promptly after your request\nhas been made and verified by Hotels.com. Coupon terms and conditions will apply (see\nbelow under ‘Discount Codes’).\n \n• For refundable bookings: \na) Where the cheaper rate is found on Hotels.com: You can either call the customer call\ncentre by 23:59 local time the day before your stay or cancel your existing booking online\nunder Your Bookings when signed into your Hotels.com account and rebook online at the\ncheaper price. If you call us, the room with the lower rate must be available for booking at the\ntime you contact us, as determined by our customer service representatives. At your request,\nthe customer service representative will rebook the room found at the lower rate using the\npayment details that you give on the phone. Your original booking will be cancelled by our\ncustomer service representative, and you will receive a refund for the price originally paid.\nRefunds will be processed by Hotels.com immediately, but your bank can take up to 30 days\nto process the refund.\nb) Where the cheaper rate is found on a competitor’s website: Hotels.com will refund the\nprice difference. You must contact the customer call centre or submit your request using the\nonline Price Guarantee form by 23:59 local time the day before your stay. The room with the\n\nlower rate must be available for booking at the time you contact us, as determined by our\ncustomer service representatives. Refunds will be processed by Hotels.com upon verification\nof your request, but your bank can take up to 30 days to process the refund.\nVerified refund requests will receive a credit to the card used for the reservation. Where you\nhave paid for your property at the time of booking, we will send your refund upon verification\nof your request. Where you have chosen to pay for your Hotels.com booking later at the\nproperty and you have found the cheaper price on another website, you must pay the\nproperty the original price upon arrival and we will send your refund after you have completed\nyour stay. Note, any refunds may take up to 30 days or the next billing cycle to appear on\nyour statement.\n12.2. Comparison must be to same itinerary\n \nThe Price Guarantee is available only for exact itinerary matches, including property, room\ntype, applicable cancellation policy, and dates of travel as booked through Hotels.com. In\naddition, the comparison must be to the same property purchased stand-alone through\nanother website. For example, properties booked on another website as part of a package\nwill not be eligible for the Price Guarantee. The Price Guarantee applies to the cost of\nbooked travel, including any taxes and fees collected by us from you at the time of booking.\nThe Price Guarantee does not apply to any taxes or fees collected by any third party from\nyou, such as those taxes and fees a property may collect directly from you when you stay at\nthe property. The Price Guarantee is not available for bookings on websites where the\nproperty or other booking details are unknown until after purchase. You must meet all\nrequirements imposed on the lower price (if any), including, without limitation, residency,\nregional and age-related requirements.\n \n12.3. Comparison must be available to the general public\n \nThe Price Guarantee applies only to prices both advertised and available to the general\npublic. It also applies to our Secret Prices. The Price Guarantee does not apply to rates\noffered on competitors' membership program websites; corporate discounts or rates; group,\ncharter, rewards program, incentive, meeting, convention, consolidator or interline prices;\nprices obtained via auction or similar process; or prices available only by using a coupon or\nother promotion not offered to the general public. The lower rate may not come from a\nwebsite where you call to get the rate, or from an e-mail that you received. \n \n12.4. Claim Verification\n \nAll requests are subject to verification by Hotels.com. We will not accept screenshots or other\npurported evidence of a lower price that we cannot independently confirm. Nor will we verify\nany request that we believe, in our sole discretion, is the result of a printing or other error or\nis made fraudulently or in bad faith. \n \n12.5. Changes to Price Guarantee\n \nWe reserve the right in our sole discretion to modify or discontinue the Price Guarantee or to\nrestrict its availability to any person, at any time, for any or no reason, and without prior\nnotice or liability to you. The terms that are in effect at the time of your booking will determine\nyour eligibility under the Price Guarantee. Our failure to enforce any provision of these Price\nGuarantee terms and conditions shall not constitute a waiver of that provision.\n \n13. DISCOUNT CODES\n \nFrom time to time, there may be discount codes which are available for use on this website. \nDiscount codes (\"Coupons\") may be applied to pre-paid property bookings, excluding\nbookings at non-participating properties whose list will be made available along with each\nspecific Coupon. Participating properties are subject to change at any time. Coupons are\nsubject to the rules below and for further specific restrictions on use of Coupons please see\nthe relevant Coupon communication. \n\n \nCoupons with a discount in a specific currency (e.g. 10 Euro off) cannot be used for\nbookings paid for in a different currency. \nIn case of booking of multiple rooms (i.e., when you book 2 or more rooms in the same\nbooking) (i) the discount only applies to the price of the first room included in the\nbooking request, and (ii) any minimum spend requirements must be met in the booking\nof that first room, before taxes and fees.\nCoupons cannot be combined with other coupons, promotions, or special offers or used\nwhen redeeming your Hotels.com Reward Night(s). \nOnly one Coupon per booking may be used. Usual booking terms and conditions\napply, and all bookings are subject to availability. Coupons cannot be sold or\ntransferred.\nAll taxes, fees, charges, and surcharges are applicable to reservations made using\nCoupons. These charges must be paid at the time of the reservation or directly at the\nproperty and are your responsibility.\nCoupons have value only when redeemed in accordance with all terms and conditions\nof the offer. Except as otherwise stated in Coupon’s terms and conditions, Coupons\nhave no cash value and no refunds or cash alternative will be offered if a Coupon is\nredeemed in part.\nSingle-use Coupons will be deemed fully used once a qualifying reservation has been\nmade and will not be returned or replaced and there will be no refund if a Coupon is\nredeemed in part. Multiple-use Coupons will be deemed fully used in accordance with\nthe restrictions set out in the individual Coupon terms and conditions. \nIf the travel stay dates are changed after the use of a Coupon, then that Coupon will not\napply to the changed travel schedule. Coupons may not be used for any previously\npurchased reservation. \nCoupons may not be (a) published, transferred or sold by you, or (b) obtained through\nunauthorised channels, altered, copied, forged or tampered with in any way. Such\naction will result in the Coupons being deemed void and may constitute fraud.\nCoupons cannot be used by travel agencies affiliated to the Hotels.com travel agency\nprogram.\n \nHotels.com may in its absolute discretion and without giving any reasons, cancel all bookings\nmade using Coupons if in its reasonable opinion you have (a) breached these terms and\nconditions or the Coupon's terms and conditions, (b) used a void Coupon, (c) used Coupons\nwith a view to re-selling any accommodation booked, or (d) otherwise acted fraudulently.\nHotels.com reserves the right not to refund you for the cancelled bookings, including any\nnon-refundable bookings.\n \nHotels.com reserves the right to vary the Coupon conditions of use or to withdraw Coupons\nat any time and to cancel any bookings made where the Coupons have been used to make\nany speculative, false or fraudulent bookings, any bookings in anticipation of demand or any\nbookings made with Coupons sent in error.\n \n14. SECRET PRICES\n \n \nHotels.com Secret Prices (\"Secret Prices\") are available to the following customers:\n \nHotels.com Rewards members;\nIf you are signed in to your Hotels.com account when browsing the website, you\nwill automatically be shown Secret Prices on selected properties where the \"Your\nSecret Price\" banner is displayed.\nusers of the Mobile Application (as defined in these terms and conditions below).\nWhen using the Mobile Application, you will automatically be shown Secret Prices\non selected properties where the \"Your Secret Price\" banner is displayed. A user\n\nof the Mobile Application will not see Secret Prices when accessing the website\nvia other platforms, unless they are signed in as a Hotels.com Rewards Member.\n \nSecret Prices are available on selected properties and on selected dates only. Secret Prices\nwill only be displayed where applicable to your search and are liable to change at any time.\nWhere a Secret Price is displayed next to a price which has been struck out (e.g.\n\"£150 $100\"), the struck-out price is based on the property’s standard rate on our site, as\ndetermined and supplied by the property. The \"Prices\" section of these terms and conditions\nwill also apply to Secret Prices.\n \n \n15. Hotels.com™ REWARDS\n \nHotels.com Rewards is a Hotels.com loyalty program (the “Program”). For each night you\nbook and stay at an eligible Hotels.com Rewards property you collect one stamp (“Stamp”).\nWhen you collect 10 Stamps with us, we give you 1 reward night to redeem (“Reward\nNight”). This Reward Night does not include taxes and fees, which you must pay when\nredeeming your Reward Night. You will also need to pay a redemption fee (“Redemption\nFee”) when redeeming your Reward Night on our desktop/mobile website. You will not be\ncharged a Redemption Fee when redeeming your Reward Night on our mobile app. All\nbookings must be made online or on our mobile app. You can only collect Stamps or redeem\nReward Nights at an eligible Hotels.com Rewards property.\n \nThe Program is open to anyone over 18 years old (or the age of majority in your country) who\nsigns up to Hotels.com with a valid email address, and then joins the Program. Companies,\nassociations, or other groups may not join.\n \n15.1. Rewards tiers\n \nThe Program has 3 tiers:\n \nHotels.com Rewards,\nHotels.com Rewards Silver and\nHotels.com Rewards Gold.\n \nYou will join as a Hotels.com Rewards member. When you collect 10-29 Stamps in a\nmembership year, you will qualify for Hotels.com Rewards Silver. When you collect 30\nStamps or more in a membership year, you will qualify for Hotels.com Rewards Gold. A\nmembership year runs for a year from the date you first created an account, and each\nanniversary after that.\n \nSilver and Gold members have a dedicated phone number they can call 24/7 to make or\ndiscuss their bookings and there are other benefits like early sale access and exclusive\noffers. These will all be available within 2 weeks of qualifying for Silver or Gold and will last\nfor the rest of that membership year and the whole of the following membership year. If you\ndo not collect enough Stamps to stay in Silver or Gold, we will move you down a tier for the\nnext membership year.\n \n15.2. Collecting stamps\n \nYou will collect 1 Stamp for every night you stay at an eligible Hotels.com Rewards property.\nCollect 10 Stamps and we give you 1 Reward Night. You must be signed in to your\nHotels.com account when you book online and on our mobile app so we can add the Stamps\nyou collect to your account after your stay. If you make a booking with us by phone, you must\ntell us the email address on your account so we know where to add the Stamps. Only\n\nHotels.com Rewards members collect Stamps. Other guests on the same booking do not,\nand you cannot collect Stamps for any property bookings you made before you joined the\nProgram.\n \nWe will add any Stamps you collect to your account up to 72 hours after you check out of the\nHotels.com Rewards property. If you collect Stamps but we later believe that you did not\ncomplete your stay (an “Invalid Stamp”), we reserve the right to remove these Invalid\nStamps from your account. This could happen if you cancel your booking or did not check-in\nat the property, which would make the Stamps invalid. Invalid Stamps do not count towards\nthe 10 Stamps you need to redeem a Reward Night. You may need to wait up to 35 days to\nredeem your Rewards Night if a number of your Stamps are collected via the “pay later/pay\nat property” option.\n \nYou can check your account to see how many Stamps you have collected at any time. Just\nsign in at Hotels.com, use our mobile app, or phone our call centre. You are responsible for\nmaking sure your account is correct. If you believe that you have not collected the correct\namount of Stamps, we will look into this for you. If any bookings are invalid as mentioned\nearlier, we will remove them from your account.\n \nIn addition to the information above, you will not collect Stamps for the following:\nBookings made with an affiliate Hotels.com website\nBookings made before you joined the Program\nPackage bookings i.e. property + flight\nSome bookings made using a discount coupon, voucher or code – you will need to\ncheck the terms for each of these\nBookings made through Group Travel Services\nBookings that do not cost you anything, i.e. are free\n \n15.3. Redeeming Reward Nights\n \nWhen you collect 10 Stamps, we will give you 1 Reward Night to redeem at any eligible\nHotels.com Rewards property. You can redeem your Reward Night online and on our mobile\napp.\n \nThe maximum value of your Reward Night is based on the value of the 10 Stamps you\ncollected as long as they have not expired. This value is equal to the average daily rate,\nexcluding taxes and fees, of the Stamps you previously collected. If you collected a Stamp at\na Hotels.com Secret Price (defined above), this price rather than the regular price will be\nused for the purposes of the calculation. You must pay for taxes, fees, meals and any other\ncosts associated with your Reward Night. You must also pay the Redemption Fee when you\nredeem your Reward Night on our desktop/mobile website. You will not be charged a\nRedemption Fee when you redeem your Reward Night on our mobile app.\n \nIf you used different currencies when collecting your 10 Stamps, the value of each Stamp is\ncurrently calculated using the currency associated with the territory you were in when you\njoined the Program.\n \nReward Night stays are subject to all applicable booking terms and conditions. You will not\ncollect a Stamp when you redeem your Reward Night. Stamps have no cash value, and you\ncannot redeem your Reward Night for cash.\n \nIf you redeem your Reward Night on a stay that is less than the maximum value of your\nReward Night, you will not get the difference in cash, credit or anything else. You can redeem\nyour Reward Night on a stay that costs more than the maximum value of your Reward Night\n– you just pay the difference.\n \n\nIf you have more than 1 Reward Night to redeem, you can choose which booking you want to\napply it to. If you opt to use multiple Reward Nights on the same booking you will be charged\na Redemption Fee for each Reward Night you redeem. You cannot combine your Reward\nNight with any other offer, discount coupon, voucher or code, unless the terms for each of\nthese say you can. This means that when you book a stay and redeem your Reward Night,\nyou generally will not be able to get an additional discount on that booking.\n \nIf you redeem your Reward Night on a booking that is longer than 1 night, we will\nautomatically apply its value to the most expensive night in that booking, subject to its\nmaximum value.\n \nReward Night stays are subject to all applicable cancellation policies that are passed onto us\nby the Hotels.com Rewards property. If you cancel a Reward Night for which, had you paid\nfor the booking and cancelled it you would have been entitled to a full refund, we will return\nthe Reward Night to your account and refund any Redemption Fee. If you cancel a Reward\nNight for which, had you paid for the booking and cancelled it you would have been entitled\nto a 1-99% refund, the Reward Night will not be returned to your account but we will return to\nyou any Redemption Fee. If you cancel a Reward Night for which, had you paid for the\nbooking and cancelled it you would have not been entitled to any refund, the Reward Night\nwill not be returned to your account and any Redemption Fee will not be refunded to you.\n \nIf you want to change the dates of a booking that includes the Reward Night you redeemed,\nyou will need to cancel the booking, wait for the Reward Night to be returned to your account,\nthen rebook so you can apply your Reward Night to your new booking.\n \n15.4. VIP Access properties \n \nSilver and Gold Hotels.com Rewards members are eligible for exclusive amenities at\nselected VIP Access properties. Eligibility for the amenities is based on your Hotels.com\nRewards tier at time of booking and the amenities to be provided will be as shown on the\nproperty listing at the time of booking. Amenities can vary by property and are subject to\nchange at any time. A minimum length of stay may be required.\n \nProperties participating in the VIP Access property network offer benefits which can vary by\nproperty and are subject to change at any time without notice. The amenities are intended for\nthe primary account holder and will only be extended to additional travellers booked via the\nSilver and Gold member's account at the property’s discretion and subject to availability.\n \nSilver and Gold members are guaranteed complimentary WiFi at VIP Access properties. This\nrefers to standard WiFi. Premium WiFi may be available for an extra charge. This is subject\nto change at any time. \n \nGold members may qualify to receive upgrades at check-in at participating VIP Access\nproperties, subject to availability. Eligibility for the room upgrade is based on Hotels.com\nRewards tier at time of booking. VIP Access property upgrades are intended for the primary\naccount holder and will only be extended to additional rooms booked via the Gold member's\naccount at the property’s discretion and subject to availability. Room upgrades may include\ncomplimentary upgrades to a room category of greater value or quality. Instead of a room\nupgrade, travellers may receive assignment to a preferred floor or assignment to a preferred\nlocation on a floor, such as away from the lifts or ice machine. Room upgrade cannot be\nreserved. \n \nGold members may receive early check-in and late check-out at participating VIP Access\nproperties, subject to availability. Eligibility for early check-in and late check-out is based on\nHotels.com Rewards tier at time of booking. Early check-in and late check-out are intended\nfor the primary account holder and will only be extended to additional travellers booked via\nthe Gold member's account at the property's discretion and subject availability.\n \n\n15.5. Changes to Hotels.com™ Rewards, stamp expiry and program\ntermination\n \nYour Stamps will not expire as long as you keep your account active at least once every 12\nmonths. This means you must collect a Stamp or redeem a Reward Night in that time, and\nwhen you do, the expiry date will be extended for another 12 months. If you do not collect\nStamps or redeem Reward Nights in a 12 month period, your Stamps will expire and we may\ndeactivate your account. If this happens, your Stamps will not be reissued. Sign into your\naccount to check when your Stamps are due to expire.\n \nWe may change our Hotels.com Rewards terms and conditions at any time, with or without\nnotice, including the rules for collecting Stamps, the different membership tiers and their\nqualification requirements and associated benefits, the rules for redeeming your Reward\nNight, the list of eligible Hotels.com Rewards properties, and the maximum value of a\nReward Night. We may communicate these changes to you by email or on our Hotels.com\nwebsite so please make sure you check your account regularly.\n \nHotels.com Rewards has no end date and will continue until we close it, which could happen\nat any time. If we do close the Program, you will have 30 days from when we announce its\nclosure to redeem any Reward Nights you have in your account. After that date, you will lose\nyour Reward Nights and you will not be compensated.\n \nBy continuing to collect Stamps and redeem Reward Nights with Hotels.com Rewards, you\naccept any changes to these terms and conditions. You are responsible for keeping up to\ndate on any changes that we may make. The most current version will always be available\non our website.\n \n15.6. Hotels.com™ Rewards General\n \nWe reserve the right to discontinue your membership if you act fraudulently or use the\nProgram in a way that does not comply with our terms and conditions, or any federal or state\nlaws, regulations, statutes or ordinances. If we discontinue your membership, you may lose\nyour collected Stamps and benefits. We also have the right to take appropriate administrative\nand/or legal action, including criminal prosecution if necessary.\n \nWhile you are signed up to Hotels.com Rewards, we may communicate any updates to your\naccount or transactions to you by email. We may take back your Stamps at any time. You\ncannot sell or transfer your Stamps or combine them with another member’s Stamps.\nStamps and Reward Nights are not transferable if a member dies, if there is a domestic\nrelations issue, or otherwise by operation of law. You agree that all disputes, claims and\ncauses of action like these are resolved individually exclusively by the appropriate court of\nIreland.\n \nIf you have any questions about these Hotels.com Rewards terms and conditions or your\nrights and obligations, these will be governed, and construed in accordance with, the laws of\nIreland.\n \nThe Program is void where prohibited by law. Our failure to enforce any provision of these\nHotels.com Rewards terms and conditions shall not constitute a waiver of that or any other\nprovision.\n \nOur decision on all questions or disputes regarding the Program is final.\n \n16. USER REVIEWS, COMMENTS, PHOTOS AND CONTENT\n \nHotels.com may display reviews, comments, photos and other material in relation to\nproperties as well as other holiday and travel experiences (\"Reviews\"). Hotels.com may also\noffer a facility allowing users of this website to post Reviews (\"User Reviews\"). You disclaim\n\nany proprietary rights you may have in such User Reviews, and the same may be freely\nused, copied, distributed and made available in any medium and in any form by Hotels.com\nor its affiliates without your permission. Where this posting facility is offered, you expressly\nagree only to submit User Reviews that are appropriate to that service, complying with these\nterms and conditions and also any accompanying guidelines made available on this website.\n \nYou grant Hotels.com and its subsidiaries and corporate affiliates (collectively, the\n\"Hotels.com Companies\") and the affiliated, co-branded and/or linked website partners\nthrough whom we provide service (collectively, the \"Hotels.com Affiliates\"), a nonexclusive,\nroyalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:\n \n(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from\nand publicly display and perform such User Reviews throughout the world in any media, now\nknown or hereafter devised; and\n \n(b) use the name that you submit in connection with such User Reviews. You acknowledge\nthat the Hotels.com Companies may choose to provide attribution of your User Reviews (for\nexample, listing your name and hometown on a property review that you submit) at our\ndiscretion, and that such User Reviews may be shared with our supplier partners.\n \nYou further grant the Hotels.com Companies the right to pursue at law any person or entity\nthat violates your or the Hotels.com Companies' rights in the User Reviews by a breach of\nthese terms and conditions. You acknowledge and agree that User Reviews are non-\nconfidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including\nrights of attribution or integrity) that may subsist in your User Reviews and agree that you\nhave no objection to the publication, use, modification, deletion or exploitation of your User\nReviews by us, the Hotels.com Affiliates, Hotels.com Companies or any of our partners or\nlicensees.\n \nSpecifically, by using such a service, you represent and warrant that:\n \nyou own or otherwise control all of the rights to the User Reviews that you post;\nas at the date of posting, the User Reviews submitted are accurate;\nUser Reviews that you supply do not breach any Hotels.com terms and conditions of\nuse, guidelines or policies (as applicable from time to time);\nyou will not intentionally or recklessly post information that could cause injury or offend\nany person or their business and in particular: you will not post any comments,\ninformation or material that is untrue; malicious; defamatory; abusive; obscene or could\nreasonably be taken as such; \nyou will not act in any way to deceive or mislead and will not engage in or encourage\nany fraudulent or illegal activity;\nyou will not to post or distribute any information or material that is owned by any third\nparty without the express written consent of such party to do so; \nall photos submitted are subject to our Photo Submission Guidelines.\n \nWe draw your attention to the fact that the reviews displayed on this website originate from\nverified users who stayed in a property booked on Hotels.com or on the website of other\nbrands of the Expedia group. Hotels.com claims no ownership, affiliation with, or\nendorsement of any photos that are submitted by end users through our websites. \nHotels.com does not edit Reviews or User Reviews submitted and to the fullest extent\npermitted by law will not be in any way responsible or liable for such Reviews or User\nReviews or their subsequent posting, use or distribution. In addition, Hotels.com does not\nverify, endorse or approve the views or comments expressed in any Reviews or User\nReviews which are the personal views of the individuals submitting them. Any decisions\nmade on the basis of Reviews or comments appearing on the website are taken at your own\nrisk. From time to time Hotels.com may offer customers incentives to leave User Reviews\n\n(i.e. discount coupon, entry into prize draws etc.). It is important to us that User Reviews are\nimpartial and honest; these incentives will be available to customers regardless of whether\nthe User Review is positive or negative.\n \nHotels.com reserves the right for any reason in its sole discretion to refuse to post or remove\n(without notice) any Reviews or User Reviews. Amongst other things, this includes situations\nwhere Hotels.com receives a third party complaint and/or has reason to believe that there\nhas been a breach of these terms and conditions or review/photo submission guidelines.\n \n17. PHOTO SUBMISSION GUIDELINES\n \nChildren under 16 may not submit photos or other materials to the website.\n \nYou agree that any photos you submit must be:\n \nOn topic – All photos must be relevant to accommodation, restaurant, location, or\ngeneral travel experiences.\nCommunity/family friendly.\nOriginal – You may only submit your own photos.\nSmaller than 5MB file size for each individual photo. Photos submitted must be either\n.jpg, .bmp, .gif or .png format.\n \nYou agree that you will not submit any photos or materials that\n \nare illegal, obscene, pornographic, profane, vulgar, offensive or insulting; \ninvade the privacy or violate any personal right of any person or entity;\nare of or about children or any third parties without their consent (or their parent’s\nconsent in the case of a child under 18 years of age);\nare not your original work or are from any other source (personal or commercial);\ninfringe the copyright, trademark, or other property right of any third party;\ninclude logos, branding, promotional material, or any other content intended for\ncommercial purposes; or\ncontain viruses or other harmful code that is either intended or may result in damage to\nthe computers and systems of Hotels.com and/or those using it.\n \n18. NOTIFICATIONS OF INFRINGEMENT OF INTELLECTUAL PROPERTY\n \n18.1. Hotels.com respects the intellectual property rights of others and expects\nyou to do the same. Hotels.com has and enforces a policy of not permitting users to\npost any materials that infringe the copyrights or trademark rights of others, and\nunder appropriate circumstances Hotels.com will terminate the account of subscribers\nand account holders who are repeat infringers. Repeat postings of infringing material\nare cause for termination of service.\n \n18.2. Copyright Claims. Pursuant to the Digital Millennium Copyright Act (in\nthe US), the E-Commerce Directive (in the EU), and similar laws relating to\ncopyrighted online content, if you believe your copyrighted work is being infringed on\nor through the website, please complete and submit a written Hotels.com Copyright\nInfringement Complaint Form (the “Notice”) to Hotels.com’s Designated Copyright\nAgent listed below. Upon receipt of a Notice, Hotels.com will take appropriate action,\nincluding removal of the challenged material from the website and/or termination of\nthe account of the Hotels.com user in appropriate circumstances.\n \nPlease include in the Notice: \n\n(1) Identification of the copyrighted work claimed to have been infringed, or, if\nmultiple copyrighted works at a single online website are covered by a single\nnotification, a representative list of such works at that website.\n(2) Identification of the images or material that is allegedly infringing your\ncopyrighted work or is the subject of infringing activity and that you believe\nshould be removed, with sufficient information to enable Hotels.com to locate\nthe specific images or material.\n(3) Your contact information, including your name, address, telephone number,\nand, if available, an email address at which you may be contacted.\n(4) The following statement: I have a good faith belief that use of the material\nin the manner complained of is not authorized by the copyright owner, its agent,\nor the law.\n(5) The following statement: The information in this Notice is accurate, and,\nunder penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I\nam authorized to act on behalf of the owner, of an exclusive right that is\nallegedly infringed.\n(6) And a physical or electronic signature of a person authorized to act on\nbehalf of the owner of the exclusive right that is allegedly being infringed.\n \nDeliver the Notice to Hotels.com’s Designated Copyright Agent:\nMichael R. Graham\nc/o Expedia, Inc.\nLegal Department – Copyrights\n1111 Expedia Group Way W\nSeattle, Washington 98119\nUnited States of America\n \n Email: [email protected]\nTelephone: 206-481-7200\n \nTo expedite review of and action in response to your Notice, please download,\ncomplete, \nand \nreturn \nthe \nHotels.com \nCopyright \nInfringement \nComplaint\nForm accompanying these terms and conditions.\n \n18.3. Copyright Counter Notices. If material you have posted has been\ntaken down based on a copyright claim, you may file a counter notice by email or\nregular mail that sets forth the information specified below. You may want to seek\nlegal counsel prior to doing so.\n \nPlease include the following details: \n (1) Identification of the specific content that was removed or disabled\nand the location that content appeared on the website. Please provide the URL\naddress if possible.\n (2) Your name, mailing address, telephone number and email address.\n(3) A statement that you consent to the jurisdiction of Federal District Court for\nthe judicial district in which your address is located, or if your address is outside\nof the United States, for any judicial district in which Hotels.com may be found,\nand that you will accept service of process from the party who reported your\ncontent, or that party’s agent.\n(4) The following statement: \"I swear, under penalty of perjury, that I have a good\nfaith belief that the content identified above was removed or disabled as a\nresult of a mistake or misidentification.”\nSign the paper and send the written communication to the following address or\nemail:\n \nHotels.com’s Designated Copyright Agent:\nMichael R. Graham\nHotels.com L.P., c/o Expedia, Inc.\n\nLegal Department – Copyrights\n1111 Expedia Group Way W\nSeattle, Washington 98119\nUnited States of America\n \n Email: [email protected]\nTelephone: 206-481-7200\n \nTo expedite review of and action in response to your Notice, please download,\ncomplete, and return the Hotels.com Copyright Infringement Counter Notices\nForm accompanying these terms and conditions.\n \n18.4. Trademark Claims. If you believe the website, a listing or any content is\ninfringing or misusing your trademark, please complete a written Hotels.com\nTrademark Misuse Complaint Form and deliver it to Hotels.com’s trademark agent\nlisted below. Upon receipt of a Notice, Hotels.com will take appropriate action,\nincluding informing the supplier or user that posted the allegedly infringing use of the\ncomplaint with a request to consider and respond to the complaint, removal of clearly\ninfringing designations from the listing or website and/or termination of the account of\nthe Hotels.com user in appropriate circumstances.\n \nPlease include in the Notice:\n(1) Identification of the trademark claimed to have been infringed.\n(2) Identification of the website or listings on which the trademark is allegedly\nbeing misused.\n(3) Your contact information, including your name, address, telephone number,\nand, if available, an email address at which you may be contacted.\n(4) The following statement: I have a good faith belief that use of the above\ndesignation in the manner complained of is not authorized nor permissible.\n(5) The following statement: The information in this Notice is accurate, and,\nunder penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I\nam authorized to act on behalf of the owner, of an exclusive right that is\nallegedly infringed.\n(6) And a physical or electronic signature of a person authorized to act on\nbehalf of the owner of the exclusive right that is allegedly being infringed.\n \nDeliver the Notice to:\nTrademark Claims\nHotels.com L.P., c/o Expedia, Inc.\nLegal Department\n1111 Expedia Group Way W\nSeattle, Washington 98119\nUnited States of America\n \n Email: [email protected]\nTelephone: 206-481-7200\n \nTo expedite review of and action in response to your complaint, please download, complete,\nand return the Hotels.com Trademark Misuse Complaint Form accompanying these terms\nand conditions.\n \n18.5. Patent Notices. One or more patents owned by Hotels.com and/or other\nHotels.com Companies may apply to this website and to the features and services\naccessible via the website. Portions of this website operate under license of one or\nmore patents. Other patents pending. \n19. CUSTOMER COMPLAINTS\n \n\nHotels.com is here to provide assistance to you in respect of any queries or complaints you\nmay have in relation to your booking of a service via the website. In the event you raise a\ncomplaint and/or are entitled to compensation from the provider of the travel service following\na problem with your booked service then Hotels.com will assist you and (where relevant) the\nthird party provider of the travel service in an effort to try to resolve the problem.\nQueries or requests for information or complaints during a trip and post travel can be sent\nto the email address, or you can call customer services at the details set out, in the ‘contact\nus’ portal under ‘Support & FAQs’ on the website which will receive complaints on behalf of\nthe providers of the relevant travel services.\nPlease raise any issues you experience during their trip via the number or email referred to\nabove (or as soon as reasonably practicable) so that measures can be taken to resolve the\nproblem and help limit the damage suffered by you. For ease of resolution, you are\nencouraged to raise any complaint(s) within 30 days of the end of a trip.\nComplaints about loss of, theft of or damage to luggage, clothing or personal belongings that\nwere not under your control during the stay should be addressed to the property or relevant\nprovider of the travel service.\nAny hard copy complaints should be directed either to the relevant provider of the travel\nservices using the address provided in their rules and restrictions or to Hotels.com.\nThe European Commission’s Online Dispute Resolution Platform is available at http://ec.euro\npa.eu/odr.\n \n20. LIABILITY\n \n20.1. Liability of Hotels.com\n \nHotels.com owns and operates the website which acts as an interface between you and the\nrelevant providers of travel services. When making a booking you enter into a contract with\nthe relevant provider of travel services and liability in respect of such travel services will be\nas set out in Section 20.2 below. \nIn respect of any damages you suffer resulting from your use of the website (but excluding\nany damages relating to a travel service booked via the website (which shall be as set out in\nSection 20.2 below)) then subject to the limitations set out in these terms and conditions, you\nagree that neither Hotels.com nor its affiliates will be liable for any direct, indirect, punitive,\nspecial, incidental or consequential losses or damages from the use of the website, any\ndelay or inability to use the website, or from your use of links from the website. In respect of\nliability for Hotels.com obligations under these terms and conditions, or if Hotels.com is found\nliable for any loss or damage under these terms and conditions (excluding any liability set out\nin Section 20.2 which shall be subject to the limitations in that section), then Hotels.com.\nshall only be liable to you for direct damages that were:\n(i) reasonably foreseeable by both you and Hotels.com;\n(ii) actually suffered or incurred by you; and\n(iii) directly attributable to the actions of Hotels.com,\nand in the event of any liability of Hotels.com, such liability will in no event exceed, in the\naggregate, the greater of (a) the cost paid by you for the travel services in question, or (b)\none-hundred dollars (US$100.00) or the equivalent in local currency.\nInformation displayed on the website has been provided to Hotels.com by suppliers who\nprovide the information describing their services which Hotels.com then displays on the\nwebsite to you (such as photographs, product descriptions, amenities, health and safety\nstandards, rules and restrictions and the terms and conditions for the service). It is the\nresponsibility of the supplier(s) of the travel service to ensure that such information provided\nto Hotels.com is accurate, complete and up to date. Hotels.com. will not be liable for any\ninaccuracies of such information, unless, and only to the extent that, Hotels.com\ndirectly caused such inaccuracies, and this also includes any inaccuracies with property\nratings, which are intended as guidance only and may not be an official rating.\nExcept as expressly set out in these terms and conditions, all the information, software, or\nservices displayed on the website is provided without any warranty (either express or\nimplied) or implied term of any kind, including but not limited to any implied warranties or\nimplied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All\n\nsuch implied terms and warranties are excluded. The inclusion or offering of services on this\nwebsite does not constitute any endorsement or recommendation of such services by\nHotels.com or any of its affiliates.\n \n20.2. Liability in respect of the travel services booked via the website\n \nWhere Hotels.com has made available the relevant service (as set out in these terms and\nconditions), then to the extent permitted by law and subject to the exceptions and limitations\nset out in these terms and conditions and/or the relevant rules and restrictions applicable to\nthe travel service you have booked, then Hotels.com shall only be liable to you for direct\ndamages that were:\n \n(i) reasonably foreseeable by both you and Hotels.com;\n(ii) actually suffered or incurred by you; and\n(iii) directly attributable to the actions of Hotels.com in providing the travel services,\n \nand in the event of any liability of Hotels.com under this Section 20.2, such liability will in no\nevent exceed, in the aggregate, the cost paid by you to Hotels.com for the service in\nquestion.\n \nWhere the service is provided to you by a third party (ie by an accommodation provider with\na pay later booking) the liability of that travel service provider will be as set out in the relevant\nrules and restrictions applicable to the travel service which rules and restrictions are made\navailable to you before you complete your booking. These providers of travel services are\nindependent contractors and not agents or employees of Hotels.com or its affiliates.\nHotels.com and its affiliates are not liable for the acts, errors, omissions, representations,\nwarranties, breaches or negligence of any such suppliers or for any personal injuries, death,\nproperty damage or other damages or expenses resulting therefrom.\n \nYou have certain statutory rights. The exclusions and limitations contained in these terms\nand conditions apply only to the extent permitted by law. Nothing in these terms and\nconditions shall, be deemed to limit or exclude Hotels.com liability for fraud, personal injury or\ndeath caused by Hotels.com’s negligence.\n \n \n21. INDEMNIFICATION \n \nYou agree to defend and indemnify Hotels.com, its affiliates, and/or their respective suppliers\nand any of their officers, directors, employees and agents from and against any claims,\ncauses of action, demands, recoveries, losses, damages, fines, penalties or other costs or\nexpenses of any kind or nature including but not limited to reasonable legal and accounting\nfees, brought by third parties as a result of: (a)your breach of these terms and conditions or\nthe rules and restrictions/documents referenced herein;(b) your violation of any law or the\nrights of a third party; or (c)your use of this website. \n \n22. LINKS TO THIRD-PARTY SITES\n \nThis website may contain hyperlinks to websites operated by parties other than Hotels.com.\nSuch hyperlinks are provided for your reference only. Hotels.com does not control such\nwebsites and is not responsible for their contents or your use of them. Hotels.com's inclusion\nof hyperlinks to such websites does not imply any endorsement of the material on such\nwebsites or any association with their operators. \n \n23. SOFTWARE AVAILABLE ON THIS WEBSITE \nAny software that is made available to download from this website (\"Software\") is the\ncopyrighted work of Hotels.com, its affiliates, and/or their suppliers. Your use of the Software\nis governed by the terms of the end user license agreement, if any, which accompanies, or is\n\nincluded with, the Software (\"License Agreement\"). You may not install or use any Software\nthat is accompanied by or includes a License Agreement unless you first agree to the\nLicense Agreement terms.\n \nFor any Software not accompanied by a License Agreement, Hotels.com, L.P. hereby grants\nto you, the user, a personal, non-transferable license to use the Software for viewing and\notherwise using this website in accordance with these terms and conditions and for no other\npurpose. Any software is provided to you free of any fees or charges.\nYour use of mapping available on this website is governed by the Google Terms of Use and\nMicrosoft Terms of Use and Google Privacy Statement and Microsoft Privacy Statement.\nGoogle and Microsoft reserve the right to change their Terms of Use and Privacy Statements\nat any time, at their sole discretion. Please click here for additional information:\n \nhttp://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html\nhttps://policies.google.com/terms\nhttp://maps.google.com/help/terms_maps.html\nhttps://policies.google.com/privacy\nhttp://www.microsoft.com/maps/assets/docs/terms.aspx\nhttps://privacy.microsoft.com/en-us/privacystatement\n \nPlease note that all Software, including, without limitation, all HTML code and Active X\ncontrols contained on this website, is owned by Hotels.com, its affiliates, and/or their\nsuppliers, and is protected by copyright laws and international treaty provisions. Any\nreproduction or redistribution of the Software is expressly prohibited by law and may result in\nsevere civil and criminal penalties. Violators will be prosecuted to the maximum extent\npossible.\n \nWITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE\nSOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION\nOR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS\nWARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE\nAGREEMENT.\n \nYou acknowledge that the Software and any accompanying documentation and/or technical\ninformation are subject to applicable export control laws and regulations of the USA. You\nagree not to export or re-export the Software, directly or indirectly, to any countries that are\nsubject to USA export restrictions.\n \n24. GENERAL\n \nYou agree that no joint venture, partnership, employment, or agency relationship exists\nbetween you and Hotels.com as a result of these terms and conditions or use of this website.\n \nHotels.com's performance under these terms and conditions is subject to existing laws and\nlegal process, and nothing contained in these terms and conditions is in derogation of\nHotels.com's right to comply with law enforcement requests or requirements relating to your\nuse of this website or information provided to or gathered by Hotels.com with respect to such\nuse.\n \nIf any part of these terms and conditions is determined to be invalid or unenforceable\npursuant to applicable law including, but not limited to, the warranty disclaimers and liability\nlimitations set forth above, then the invalid or unenforceable provision will be deemed\nsuperseded by a valid, enforceable provision that most closely matches the intent of the\noriginal provision and these terms and conditions shall continue in effect.\n \nIf Hotels.com does not invoke one of the provisions of these terms and conditions at any one\nmoment, this must not be interpreted as a cession of the right to invoke it at a later date.\n \n\nThese terms and conditions (and any other rules and restrictions/ terms and conditions\nreferenced herein) constitutes the entire agreement between you and Hotels.com with\nrespect to this website and supersedes all prior or contemporaneous communications and\nproposals, whether electronic, oral, or written, between you and Hotels.com with respect to\nthis website. A printed version of these terms and conditions and of any notice given in\nelectronic form shall be admissible in judicial or administrative proceedings based upon or\nrelating to these terms and conditions to the same extent and subject to the same conditions\nas other business documents and records originally generated and maintained in printed\nform.\n \nFictitious names of companies, products, people, characters, and/or data mentioned on the\nwebsite or in these terms and conditions are not intended to represent any real individual,\ncompany, product, or event.\n \nAny rights not expressly granted herein are reserved.\n \n25. GOVERNING LAW AND JURISDICTION\n \nThis agreement is governed by the laws of Ireland. You hereby consent to the exclusive\njurisdiction and venue of the Irish courts in all disputes arising out of or relating to the use of\nthis website. Use of this website is unauthorized in any jurisdiction that does not give effect to\nall provisions of these terms and conditions, including, without limitation, this section.\n \n26. USE OF APP.\n \nThis section sets out the additional terms and conditions (“App Terms of Use”) governing\nyour use on your mobile phone, smartphone or other mobile device, of our application called\n“Hotels.com Mobile” (the “Mobile Application”). By selecting the \"Accept\" button using the\nApplication you are agreeing to be bound by:\n \nthese terms and conditions\nthese App Terms of Use; and\nour Privacy Statement;\n \ntogether being referred to below as “our Policies/Mobile App Policies”. If you do not agree\nto be bound by our Policies, you may not use the Mobile Application and you must select the\n“Decline” button and remove the Mobile Application from your device.\n \nIn consideration of you agreeing to be bound by our Policies, we grant to you a non-exclusive\nnon-transferable license to download, install and use the Mobile Application and access the\ncontent and information available within the Mobile Application (“the Content”) (including,\nwithout limitation, price and availability of travel services) in accordance with the provisions of\nour Policies.\n \nAll of the terms and conditions set out above governing:\n \nyour use of our website;\nall content, services, features, software, coupons and reward programs available to you\nthrough our website;\nour legal relationship (including but not limited to our liability to you); and\nthe rights available to us;\n \nshall equally and fully apply and shall govern the basis upon which Hotels.com makes the\nMobile Application and the Content available for your use. All references to “website” in the\n\nabove terms and conditions shall be deemed to include references to the Mobile Application\nand/or Content and shall apply to your use of the Mobile Application and/or Content as the\ncontext requires. All references to “agreement” or “terms and conditions” shall also be\ndeemed to include references to these App Terms of Use as the context requires. \n \nThis Mobile Application is for your personal and non-commercial use.\n \nAs a condition of your use of this Mobile Application and the Content, you warrant that you\nwill not use this Mobile Application and the Content for any purpose that is unlawful or\nprohibited by our Policies\n \nYour device must be connected to the internet for the Mobile Application to function correctly.\nYou are responsible for making all arrangements necessary for your device to have internet\nconnectivity and are responsible for all sums your service provider may charge you arising\nout of the Mobile Application transmitting and receiving data (including but not limited to data\nroaming charges). Please note, the Mobile Application will automatically transfer a small\namount of data as part of its normal operation, please see the “Information about you and\nyour use of the Mobile Application” section below for further information.\n \nExcept as expressly set out in these terms and conditions or as permitted by any local law,\nyou, undertake:\n \nnot to copy the Mobile Application or the Content except where such copying is\nincidental to normal use of the Mobile Application;\n not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Mobile\nApplication or the Content;\nnot to make alterations to, or modifications of, the whole or any part of the Mobile\nApplication or the Content, nor permit the Mobile Application or the Content or any part\nof either to be combined with, or become incorporated in, any other programs;\nnot to disassemble, decompile, reverse engineer or create derivative works based on,\nthe whole or any part of the Mobile Application or the Content nor attempt to do any\nsuch thing except to the extent that such actions cannot be prohibited by law; and\nnot to provide or otherwise make available the Mobile Application or the Content in\nwhole or in part (including but not limited to program listings, object and source\nprogram listings, object code and source code), in any form to any third party.\n \nYou acknowledge:\n \nthat all intellectual property rights, title to and interests in the Mobile Application and the\nContent belong to either Hotels.com or our suppliers and providers. These rights are\nprotected by laws and treaties around the world. All such rights are reserved\nthat you have no rights in, or to, the Mobile Application and the Content other than the\nlimited right to use these in accordance with our Policies\nthat the Mobile Application and any accompanying documentation and/or technical\ninformation are subject to applicable export control laws and regulations of the USA.\nYou agree not to export or re-export the Mobile Application, directly or indirectly, to any\ncountries that are subject to USA export restrictions.\nthe Mobile Application is provided to you free of charge.\n \nInformation about you and your use of the Mobile Application\n \nWe process information about you in accordance with our Privacy Statement. By using this\nMobile Application, you consent to such processing so please read our privacy statement\ncarefully. \n\n \nAs further described in our Privacy Statement the Mobile Application will automatically collect\ninformation about:\n \nhow you use the Mobile Application\nwhich Content you access\ntechnical errors or problems which the Application may encounter while being used.\n \nBy using the Mobile Application, you acknowledge, agree and consent to the automatic\ncollection of this information.\n \nWhen you use the ‘find deals near me’ or ‘use current location’ features of the Mobile\nApplication, we use available geo-location data from your device using GPS or cellular\nnetwork data to determine properties near your location. Although this information is\ncollected anonymously, this information may reveal to us your precise or approximate\nlocation for the Mobile Application. We only use this information to locate properties, as\nfurther described in our Privacy Statement. We do not collect location data through the\nMobile Application unless you activate the ‘find hotels near you’ feature within the Mobile\nApplication. By using the ‘find hotels near you’ feature you acknowledge, agree and consent\nto Hotels.com using the aforementioned location data to provide Content and services\nrelevant to your location through the Mobile Application. Sharing of location data through the\nMobile Application can be switched off at any time in the settings menu.\n \nTermination\n \nHotels.com may terminate these Mobile App Policies and terms of use immediately by written\nnotice to you if:\n \nYou commit a material or persistent breach of these policies or terms of use; or\nHotels.com, at its sole discretion, decides to withdraw the Mobile Application whether in\nwhole or in part\n \nUpon termination for any reason:\n \nall rights granted to you in the Mobile Application or Content under these Terms of Use\nshall cease\nyou must cease all use of the Mobile Application and Content; and\nyou must delete or remove the Mobile Application from your device.\n \nThese Mobile App Policies and terms of use are binding on you and us, and on our\nrespective successors and assigns. You may not transfer, assign, charge or otherwise\ndispose of these Mobile App Policies and terms of use, or any of your rights or obligations\narising under these Mobile App Policies and terms of use, without our prior written consent.\nWe may transfer, assign, charge, sub-contract or otherwise dispose of these Mobile App\nPolicies and terms of use, or any of our rights or obligations arising under these, at any time.\n \nIf we fail, at any time, to insist upon strict performance of any of your obligations under these\nMobile App Policies and terms of use, or if we fail to exercise any of the rights or remedies to\nwhich we are entitled under these Mobile App Policies and terms of use, this shall not\nconstitute a waiver of such rights or remedies and shall not relieve you from compliance with\nsuch obligations. A waiver by us of any default shall not constitute a waiver of any\nsubsequent default. No waiver by us of any of these Mobile App Policies and terms of use\n\nshall be effective unless it is expressly stated to be a waiver and is communicated to you in\nwriting\n \nApple Devices\n \nIf you are using the Mobile Application on an Apple device (e.g. iPhone, iPod, iPad) then in\naddition to the above you also agree as follows:\n \nyou acknowledge that the Terms of Use are between us and you only, and not with\nApple Inc. of One Infinite Loop, Cupertino, California 95014, U.S.A. (“Apple”);\nthe license granted to you to use the Mobile Application is limited to a non-transferable\nlicense to use the Mobile Application on an Apple mobile operating system (iOS)\nproduct that you own or control;\n you acknowledge that Apple has no obligation whatsoever to furnish any maintenance\nand support services with respect to the Mobile Application;\nin the event of any failure of the Mobile Application to conform to any applicable\nwarranty you may notify Apple, and Apple will refund the purchase price (if any) for the\nMobile Application to you and, to the maximum extent permitted by applicable law,\nApple will have no other warranty obligation whatsoever with respect to the Mobile\nApplication;\nyou acknowledge that we, not Apple, are responsible for addressing any claims of\nyours or any third party relating to the Mobile Application;\nyou acknowledge that, in the event of any third party claim that the Mobile Application\nor your possession and use of that Application infringes that third party’s intellectual\nproperty rights, Apple will not be responsible for the investigation, defence, settlement\nand discharge of any such intellectual property infringement claim;\nyou represent and warrant that you are not located in a country that is subject to a U.S.\nGovernment embargo or that has been designated by the U.S. Government as a\n“terrorist supporting” country and you are not listed on any U.S. Government list of\nprohibited or restricted parties; and\n you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party\nbeneficiaries of the Mobile App Policies and terms of use, and that, upon your\nacceptance of these, Apple will have the right (and will be deemed to have accepted\nthe right) to enforce the these against you as a third party beneficiary thereof.\n \nSELLER OF TRAVEL\n \nHotels.com is a registered seller of travel in each of the states listed below:\nCalifornia registration number: 2083949-50 \nFlorida registration number: ST-36670 \nHawaii registration number: TAR 7105\nIowa registration number: 862 \nNevada registration number: 2007-0019\nRegistration as a seller of travel in California does not constitute the state's approval.\n \nNEW YORK STATE TAX REGISTRATION\n \nHotels.com, L.P.’s New York sales tax vendor registration number is 752942061 and its New\nYork City hotel occupancy tax registration number is 033984. \n \nPlease click here for additional information: New York State certificate New York City\ncertificate.\n \nRevised 6th December, 2021\n \n\n© 2021 Hotels.com, L.P. All rights reserved.\n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":0,"explanation":"Setting out in the ToS the main parameters used in the recommender system but not in a clear, accessible and easily comprehensible manner"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"KAYAK","url":"https://www.kayak.de/terms-of-use","lang":"ENG","sector":"Travel","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Free","date":"17.09.2019"},"document":{"title":"","text":"Please read these terms and conditions of use carefully before accessing, using or\nobtaining any materials, information, products or services. By accessing the KAYAK\nwebsite, mobile or tablet application, or any other feature or other KAYAK platform\n(collectively, 'Our Website'), you agree to be bound by these terms and conditions\n('Terms') and our Privacy Policy. If you do not accept all of these Terms, then you may not\nuse Our Website. In these Terms, 'we', 'us', 'our' and 'KAYAK' refer to KAYAK Software\nCorporation, and 'you' and 'your' refers to you, the user of Our Website.\nTHESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT\nTO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.\nWe may modify these Terms for any reason—at any time—by posting a new version on\nOur Website; these changes do not affect rights and obligations that arose prior to such\nchanges. Your continued use of Our Website following the posting of modified Terms will\nbe subject to the Terms in effect at the time of your use. Please review these Terms\nperiodically for changes. If you object to any provision of these Terms or any subsequent\nmodifications to these Terms or become dissatisfied with Our Website in any way, your\nonly recourse is to immediately terminate use of Our Website.\n1. We do not sell travel products\nOur Website is a travel search engine. KAYAK does not provide, own or control any of the\ntravel services and products that you can access through Our Website, such as flights,\naccommodations, rental cars, packages, or travel insurance (the 'Travel Products'). The\nTravel Products are owned, controlled or made available by third parties (the 'Travel\nProviders') either directly (e.g., airline) or as an agent (e.g., online travel agency). The\nTravel Providers are responsible for the Travel Products. The Travel Provider’s terms and\nprivacy policies apply to your booking, so you must agree to and understand those terms.\nFurthermore, the terms of the actual travel provider (airline, hotel, tour operator, etc.)\napply to your travel, so you must also agree to and understand those terms. Your\ninteraction with any Travel Provider accessed through Our Website is at your own risk;\nKAYAK does not bear any responsibility should anything go wrong with your booking or\nduring your travel.\nThe display on Our Website of a Travel Product or Travel Provider does not—in any way—\nimply, suggest, or constitute a recommendation by KAYAK of that Travel Product or Travel\nProvider, or any sponsorship or approval of KAYAK by such Travel Provider, or any\naffiliation between such Travel Provider and KAYAK.\nKAYAK hosts content, including prices, made available by or obtained from Travel\nProviders. KAYAK is in no way responsible for the accuracy, timeliness or completeness\nof such content. Since KAYAK has no control over the Travel Products and does not verify\nTerms & Conditions\n\nthe content uploaded by the Travel Providers, it is not possible for us to guarantee the\nprices displayed on Our Website. Prices change constantly and additional charges (e.g.,\npayment fees, services charges, checked-in luggage fees, local taxes and fees) may\napply, so you should always check whether the price asked for a booking is the one you\nexpected. More details here. Some Travel Products may also be sold in another currency\nthan the one preset or chosen by you for the display of the search results. Our currency\nconversion is for informational purposes only and should not be relied upon as accurate\nor real-time; actual rates may vary, and your payment provider (e.g., your credit card\ncompany) may charge conversion fees and apply another date’s currency rate.\n2. Booking through KAYAK\nIf you make a booking through Our Website for Travel Products, that booking is made\nwith the Travel Provider named on the booking page and Our Website only acts as a user\ninterface. Accordingly, KAYAK has no responsibility for the booking or the Travel Product\nbecause KAYAK has no involvement in creating the description of the Travel Product, in\ndefining the price and any fees, or in providing the Travel Products that you book. If you\nhave any issues or disputes with your booking and/or the Travel Product, you agree to\naddress and resolve these with the Travel Provider and not with us.\n3. Intellectual property\nWe, along with our corporate affiliates, the Travel Providers and other licensors, own all of\nthe text, images, software, trademarks, service marks and other material contained on\nOur Website. You will not copy or transmit any of the material except if you are doing so\nfor your personal, non-commercial use. All copyright, trademark and other proprietary\nrights notices presented on Our Website must appear on all copies you print. Other non-\nKAYAK product, service, or company designations on Our Website belong to those\nrespective third parties and may be mentioned in Our Website for identification purposes\nonly. You should contact the appropriate third party for more complete information\nregarding such designations and their registration status. Your use of and access to Our\nWebsite does not grant you any licence or right to use any of the marks included on Our\nWebsite.\n4. Use of Our Website\nYou may only use and register to become a user of Our Website or Trips if you are of\nsufficient legal age and can enter into binding contracts. If you become a registered user\nor make a booking resulting in the creation of a Trips account, you are responsible for\nmaintaining the secrecy of your passwords, login and account information. You will be\nresponsible for all use of Our Website by you, anyone using your password and login\ninformation (with or without your permission) and anyone who you allow to access your\ntravel itineraries. All information that you provide to us must be accurate and up-to-date.\nIf any of your information changes, you must immediately update it. If you have reason to\nbelieve that your account is no longer secure (e.g., loss, theft or unauthorised disclosure\n\nor use of your information or computer or mobile device used to access Our Website),\nyou must promptly change your Personal information that is affected.\nIf you decide to have messages or other communications from Our Website sent directly\nto your mobile device, you are solely responsible for keeping us updated with your\ncurrent phone number, respectively updating to the latest version of the mobile app, and\nfor any charges incurred by receiving such messages. We will not be liable for information\nsent to a device that is associated with your outdated mobile phone number or using an\noutdated mobile app. If you install any software or enable any service that stores\ninformation from Our Website on any mobile device or computer, it is your responsibility,\nprior to transfer or disposal of such device, to remove your information or otherwise\ndisable access to such software or service in order to prevent unauthorised access to\nyour information or account.\nYou may only use Our Website to search for legitimate travel deals; you may not use Our\nWebsite to make any false, fraudulent or speculative reservation or any reservation in\nanticipation of demand. By using Our Website, you agree to comply with laws that apply\nto the United States and your own country, including laws that apply to exporting\ntechnical data.\nIn addition, you agree not to do any of the following without prior express written\npermission from KAYAK:\n(i) access the site with any manual or automated process for any purpose other than your\npersonal use or for inclusion of KAYAK pages in a search index. Use of any automated\nsystem or software to extract data from Our Website ('screen scraping'), for commercial\nor non-commercial purposes, is prohibited;\n(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or\ncircumvent other measures employed to prevent or limit access to Our Website;\n(iii) deep-link to any portion of Our Website for any purpose;\n(iv) use any device, software or routine that interferes or attempts to interfere with the\nnormal operation of Our Website or take any action that imposes an unreasonable load on\nour computer or network equipment;\n(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;\n(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise\nobjectionable or inappropriate, as determined by us;\n(vii) post or distribute any material on Our Website that violates the rights of any third\nparty or applicable law;\n(viii) use Our Website to collect or store personal data about others;\n\n(ix) use Our Website for any commercial purpose; or\n(x) transmit any ad or promotional materials on Our Website\nWe may, at our sole discretion, at any time and without advance notice or liability,\nsuspend, terminate or restrict your access to any or all component(s) of Our Website.\nFurthermore, you can always delete your account here.\nYou further agree not to:\nCircumvent, disable or otherwise interfere with security-related features of Our Website or\nfeatures that prevent or restrict use or copying of any content or enforce limitations on the\nuse of Our Website or any content on the Website;\nImpersonate any person or entity, or otherwise misrepresent Your affiliation with a person\nor entity;\nIntentionally or unintentionally violate or encourage others to violate any applicable law,\nstatute, ordinance or regulation;\nProvide false or deceptive information;\nSolicit personal information from anyone;\nDelete, add or otherwise change other people’s User Content;\nRemove or alter any copyright or other proprietary notices on or in connection with any\ncontent on the Website;\nPublicly disparage anyone or any User Content;\nPublish or post threats of violence, or promote or encourage others to engage in violence\nor illegal activity.\nPlease report abusive content to [email protected] if you see it.\n5. Trips\nIf you use Trips, you are solely responsible for the travel information and other content\nthat you upload, transmit or share with us or others on or through Trips (collectively, the\n'Trips Information'), and you represent and warrant that you are not transmitting or\nsharing Trips information that you do not have permission to share. It is your job to create\nbackup copies and replace any Trips information you provide us with at your expense.\nWhen you provide us with Trips information or make a booking through KAYAK, you\nauthorise us to make copies as we deem necessary in order to facilitate the storage and\nassimilation of the Trips information. By providing us Trips information, you represent and\nwarrant that you have the right to give us an irrevocable, perpetual, non-exclusive,\ntransferable, fully-paid, worldwide licence (with the right to freely sublicense) to use, copy,\nmodify, reformat, translate, syndicate and distribute that Trips information that we receive\nfrom you for any purpose, including business, commercial, marketing, advertising, or\notherwise, and to prepare derivative works of (or incorporate into other works) that Trips\ninformation. You may remove your Trips information from Trips at any time, but the licence\nthat you have granted will remain in effect. You understand that we do not control nor are\n\nwe responsible for reviewing Trips information. However, we reserve the right to review,\nedit, or delete any Trips information or your account at any time.\n6. Your intellectual property rights\nWe respect the intellectual property rights of others and we prohibit users from uploading,\nposting or otherwise transmitting on Our Website or otherwise through Trips any materials\nthat violate another person's intellectual property rights. If you believe that your\ntrademark or copyright rights have been violated, please send us a written notification to\nthe address disclosed in Section 14.\n7. Warranty disclaimer\nOur Website, all content and services provided on Our Website and all itineraries that you\nobtain through Trips are provided on an 'as-is' and 'as available' basis. Our content is\nlargely generated in an automated fashion; errors can and do happen. We usually have\nmany search results, but we are not comprehensive and do not display all available\nproviders and offers. 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The use of prohibited\nticketing practices may result in the air carrier taking actions, including the cancellation of\nthe ticket, denied boarding, revocation of frequent flier miles and other benefits,\nadditional charges to the purchaser's credit card, additional charges collected at the\nairport, or future invoicing.\n12. Hacker Fare\nIn the case of a Hacker Fare, Our Website displays search results for a combination of\nTravel Products (e.g., separate flight and hotel results, or two one-way flights, instead of a\nreturn trip). If you use these search results, you will make two different bookings with\ndifferent rules and policies (for example, for baggage fees, change fees, and refunds). Any\nchanges made to one of your bookings will not affect the other booking (for example, if\nyour initial flight is cancelled by either you or the airline, the other airline with which you\nbooked your return flight is not obligated to issue a refund or change your itinerary). If you\nare travelling internationally, you may need to provide proof that you have a return flight at\ncheck-in and at immigration.\n13. General requirements\nWe may change the site and these Terms at any time, in our sole discretion and without\nnotice to you. You are responsible for remaining knowledgeable about these Terms. Your\ncontinued use of the site constitutes your acceptance of any changes to these Terms and\nany changes will supersede all previous versions of the Terms. Unless otherwise specified\nherein, all changes to these Terms apply to all users, including those enrolled before the\ndate the changes take effect. Furthermore, we may terminate this agreement with you\nunder these Terms at any time by notifying you in writing (including by email) and/or, if you\nare a registered user, by cancelling your account and your access to your account.\n\nNothing contained in these Terms will be deemed to constitute either party as the agent\nor representative of the other party, or both parties as joint venturers or partners for any\npurpose. You may not assign, delegate or transfer your rights or obligations under these\nTerms. We may assign our rights and duties under these Terms without such assignment\nbeing considered a change to the Terms and without notice to you, provided your rights\nunder these Terms are not prejudiced. One or more patents may apply to this site and to\nthe features and services accessible via the site, including—without limitation—United\nStates Patent Numbers: 8,095,536; 7,979,457; 7,917,387; 7,774,331; 7,668,811;\n7,668,809; 7,627,606; 7,587,678; 7,483,883; and 6,529,908.\nIf we fail to act with respect to your breach or anyone else's breach on any occasion, we\nare not waiving our right to act with respect to future or similar breaches. If a court finds\nany of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest\nextent permitted by applicable law and the other Terms will remain valid and enforceable.\nThese Terms, together with those agreements made a part of these Terms by reference,\nmake up the entire agreement between us relating to your use of Our Website, including\nTrips, and replace any prior understandings or agreements (whether oral or written)\nregarding your use of Our Website.\nTo the extent permitted by law, the laws of Switzerland, without regard to its conflict of\nlaws rules, will govern these Terms, as well as your and our observance of them and any\ndispute or claim arising out of or in connection with them or their subject matter (including\nnon-contractual disputes or claims). If you take any legal action relating to your use of\nOur Website, including Trips, or these Terms, or our services, you agree to file such action\nonly in the courts of Zurich, Switzerland; if you are a consumer, the law may allow you to\nbring proceedings also in the courts for the place where you are domiciled, as well as to\nhave recourse to rights provided by the consumer protection laws of such place. In any\nsuch action or any action we may initiate, the prevailing party will be entitled to the extent\npermitted by law to recover all legal expenses incurred in connection with the action,\nincluding but not limited to costs, both taxable and non-taxable, and reasonable attorney\nfees. To the extent permitted by law, you agree that any disputes, claims and causes of\naction arising out of or connected with Our Website and/or these Terms, will be resolved\nindividually, without resort to any form of class action.\n14. Your feedback\nWe encourage you to share your comments and questions with us here, but we may not\nbe able to respond to all of them. Please note that we assume no responsibility for\nreviewing unsolicited ideas for our business (like product or advertising ideas) and will not\nincur any liability as a result of any similarities between those ideas and materials that\nmay appear in future KAYAK products or services. Also, please remember that you are\nresponsible for whatever material you submit, including its reliability, originality, and\ncopyright. Please do not reveal trade secrets or other confidential information in your\nmessages. Any and all rights to materials submitted to us become the exclusive property\nof KAYAK. Furthermore, by submitting Feedback, you are granting us an irrevocable,\n\nperpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to\nfreely sublicense) to use, copy, modify, publicly perform, publicly display, reformat,\ntranslate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we\nreceive from you for any purpose, including business, commercial, marketing, advertising,\nor otherwise.\nLegal notices\nGoogle Play and the Google Play logo are trademarks of Google LLC. Apple, the Apple\nlogo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other\ncountries and regions. App Store is a service mark of Apple Inc.\nOur Website is operated by:\nKAYAK Europe GmbH\n\nFraumünsterstrasse 16\n\n8001 Zürich\n\nSwitzerland\nLast updated: 17 September 2019\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"moBiLET","url":"https://mobilet.pl/portal/public/login.jsf","lang":"PL","sector":"Travel","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Free","date":""},"document":{"title":"","text":"Regulamin Systemu moBiLET \n \n \nstr. 1 \nwww.mobilet.pl \n \nRegulamin Systemu moBILET \n \nNiniejszy Regulamin określa zasady korzystania z Systemu moBiLET na obszarze Rzeczypospolitej Polskiej \ni odnosi się do wszystkich stosunków pomiędzy Użytkownikiem a operatorem Systemu moBiLET. \n \n \n§ 1 \nPostanowienia ogólne \n \n1. \nSystem moBiLET - system autoryzacji i rozliczeń płatności mobilnych. \n2. \nmoBiLET – Mobile Traffic DATA Sp. z o.o. z siedzibą w Poznaniu, NIP: 972-11-88-889, zarejestrowaną przez Sąd \nRejonowy Poznań Nowe Miasto i Wilda w Poznaniu, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego, \npod numerem KRS 0000314214. \n3. \nKrajowa Instytucja Płatnicza – przedsiębiorca pełniący rolę instytucji rozliczeniowej w Systemie moBiLET. \n4. \nmoBiLET Komunikacja – integralna część Systemu moBiLET, umożliwiająca zakup elektronicznego biletu \ni zalegalizowanie przejazdu środkami komunikacji miejskiej i podmiejskiej, dalekobieżnej, w tym kolejowej, \nza pomocą urządzenia mobilnego. \n5. \nmoBiLET Parkowanie – integralna część Systemu moBiLET umożliwiająca rozliczanie rzeczywistego czasu postoju \nw strefach płatnego parkowania oraz na parkingach prywatnych, za pomocą urządzenia mobilnego. \n6. \nAplikacja – oprogramowanie na telefon komórkowy lub inne urządzenie mobilne, konieczne do korzystania \nz Systemu moBiLET, dostarczana przez moBiLET. \n7. \nUrządzenie – telefon komórkowy lub inne urządzenie mobilne, posiadające możliwość łączenia się z Internetem, \nkompatybilne z Systemem moBiLET, zdolne do pobrania i instalacji na nim Aplikacji, a także zdolne \ndo prawidłowej obsługi pobranej Aplikacji. \n8. \nOperator - przedsiębiorca dostarczający publiczną sieć telekomunikacyjną. \n9. \nKarta SIM - karta mikroprocesorowa wydana przez Operatora, umożliwiająca dostęp do sieci Operatora \nna zasadach określonych w oddzielnej umowie z Operatorem. \n10. Użytkownik - osoba fizyczna posiadająca co najmniej częściową zdolność do czynności prawnych, osoba prawna \nlub jednostka organizacyjna nieposiadająca osobowości prawnej, uprawniona do korzystania z Systemu moBiLET. \n11. Rachunek Rozliczeniowy - rachunek prowadzony przez Krajową Instytucję Płatniczą, na którym rozliczane są \ntransakcje Systemu moBiLET. \n12. Konto moBiLET – nazywane też Kontem Użytkownika to rachunek ewidencyjny, do którego przypisany jest \nindywidualny dla każdego Użytkownika wirtualny numer Rachunku Rozliczeniowego. \n13. Rejestracja - założenie Konta Użytkownika w Systemie moBiLET. \n14. Umowa - umowa zawierana z chwilą Rejestracji pomiędzy moBiLET a Użytkownikiem na świadczenie usług \nw ramach Systemu moBiLET. \n15. Portal Użytkownika – strona internetowa Systemu moBiLET umożliwiająca Rejestrację w Systemie moBiLET \noraz zarządzanie Kontem moBiLET danego Użytkownika. \n16. BOK - Biuro Obsługi Klienta Systemu moBiLET. \n17. Konsultant - pracownik BOK. \n18. Druk Rezygnacji - formularz służący do zgłaszania przez Użytkownika woli rozwiązania Umowy. \n19. Regulamin – Regulamin Systemu moBiLET. \n \n§ 2 \nRejestracja w Systemie moBiLET \n \n1. \nRejestracja w Systemie moBiLET odbywa się poprzez wypełnienie formularza rejestracyjnego na Portalu \nUżytkownika. Użytkownik otrzymuje możliwość pobrania i zainstalowania na swoim Urządzeniu Aplikacji, \nkoniecznej do korzystania z Systemu moBiLET. \n2. \nUżytkownicy mają możliwość pobrania i zainstalowania Aplikacji poprzez sklep internetowy, odpowiedni \ndo używanego systemu operacyjnego. Rejestracja w Systemie moBiLET może wówczas odbywać się poprzez \nAplikację. \n3. \nUżytkownik używający System moBiLET poprzez inną platformę, np. bankową, dokonuje rejestracji wg regulacji \nprzewidzianych dla danej platformy. \n4. \nRejestracja jest jednoznaczna z akceptacją treści niniejszego Regulaminu oraz zawarciem Umowy pomiędzy \nmoBiLET a Użytkownikiem na świadczenie usług w ramach Systemu moBiLET, zgodnie z zasadami określonymi \nw niniejszym Regulaminie. \n5. \nW chwili zawarcia niniejszej umowy, moBiLET udziela Użytkownikowi niewyłączną i nieodpłatną licencję \nna korzystanie z Aplikacji. Licencji udziela się wyłącznie w celach korzystania z usług Systemu moBILET. Każde \ninne użycie, jak również dokonywanie zmian w Aplikacji, jej dekompilacja, sprzedaż, rozpowszechnianie, \nużyczanie, udzielanie dalszych licencji są zakazane. \n6. \nRejestrując się w Systemie moBiLET Użytkownik wyraża zgodę na otrzymywanie informacji związanych \nz funkcjonowaniem Systemu moBiLET. \n \n§ 3 \nPrawa i obowiązki Użytkownika \n \n1. \nW celu korzystania z Systemu moBILET, a w szczególności do pobrania i zainstalowania Aplikacji, Użytkownik \nmusi posiadać Urządzenie z aktywną Kartą SIM jednego z Operatorów oraz dokonać pełnej Rejestracji \nw Systemie moBiLET. \n2. \nUżytkownik przyjmuje do wiadomości, że do realizacji Umowy konieczne jest podanie poprawnych i aktualnych \ndanych osobowych, wykorzystywanych podczas korzystania z Sytemu moBiLET. \n\nRegulamin Systemu moBiLET \n \n \nstr. 2 \nwww.mobilet.pl \n3. \nW celu realizacji Umowy, Użytkownik jest ponadto zobowiązany na bieżąco aktualizować swoje dane osobowe \nw Systemie moBiLET, niezwłocznie po zaistniałej zmianie. Obowiązek ten dotyczy szczególnie zmiany numeru \ntelefonu komórkowego lub przekazania obecnego numeru telefonu osobie trzeciej. \n4. \nW przypadku podejrzenia użycia Aplikacji przez osoby trzecie, utraty bądź kradzieży Urządzenia z zainstalowaną \nAplikacją, jak również w przypadku blokady lub utraty karty SIM, Użytkownik jest zobowiązany niezwłocznie \npowiadomić moBiLET o zaistniałym zdarzeniu. \n5. \nHasło Użytkownika, które zostanie ustanowione podczas rejestracji lub zmienione w późniejszym czasie przez \nUżytkownika, nie może być przekazywane osobom trzecim i musi być chronione w sposób uniemożliwiający jego \npodgląd osobom trzecim. Jeśli wystąpi podejrzenie ze strony Użytkownika, iż dostęp do hasła uzyskała osoba \ntrzecia, należy o tym fakcie niezwłocznie poinformować moBiLET. \n6. \nW razie zgłoszenia przez Użytkownika sytuacji wskazanej w pkt. 4 i/lub 5 powyżej, Konto Użytkownika zostanie \nnatychmiast zablokowane. Ponowne odblokowanie Konta Użytkownika będzie możliwe tylko i wyłącznie przez \nkonsultanta BOK. \n7. \nJeśli Użytkownik nie wywiąże się z wyżej wymienionych obowiązków i poprzez to narazi moBiLET, Krajową \nInstytucję Płatniczą, jednostkę samorządu terytorialnego lub inną firmę na straty, to poszkodowanemu \nprzysługuje prawo do dochodzenia roszczeń bezpośrednio od Użytkownika. moBILET jest ponadto upoważniony \nw takich przypadkach do zablokowania Konta Użytkownika. \n \n§ 4 \nPrawa i obowiązki moBiLET \n \n1. \nmoBiLET zobowiązany jest zapewnić ciągły dostęp do Systemu moBiLET poprzez Portal Użytkownika oraz \nAplikację, jak i zapewnić bezpieczeństwo realizowanych za ich pomocą transakcji. \n2. \nmoBiLET zobowiązany jest do realizacji transakcji dokonywanych przez Użytkowników w ramach Systemu \nmoBiLET. \n3. \nmoBiLET nie ponosi odpowiedzialności za jakiekolwiek szkody poniesione przez Użytkownika w wyniku \nfunkcjonowania Urządzeń, z których Użytkownik realizuje transakcje. Urządzenia muszą spełniać wymogi \ni standardy przewidziane dla sieci telekomunikacyjnej, w której są wykorzystywane i użytkowane zgodnie \nz zaleceniami producenta. moBiLET nie ponosi również odpowiedzialności względem Użytkownika niebędącego \nosobą fizyczną korzystającą z Systemu moBiLET w celu niezwiązanym bezpośrednio z jej działalnością zawodową \nlub gospodarczą za jakiekolwiek szkody poniesione przez Użytkownika wskutek użycia Aplikacji, jak również \nkorzystania z Systemu moBiLET chyba, że szkoda wynikła z winy umyślnej moBiLET. \n4. \nmoBiLET nie ponosi odpowiedzialności za funkcjonowanie interfejsów oraz łączy telekomunikacyjnych, które \nnie są jego własnością lub nie są przez niego obsługiwane, w szczególności interfejsów służących do wykonywania \ntransakcji przez Użytkownika. \n5. \nmoBiLET zastrzega sobie prawo do czasowego zawieszenia działania Systemu moBiLET, w szczególności w celu \nprzeprowadzenia \nkoniecznej \nkonserwacji, \ndokonania \nzmian \nlub \nzapobieżenia \newentualnym \nszkodom. \nO zawieszeniu działalności moBiLET zobowiązany jest poinformować Użytkowników. \n6. \nW przypadku, gdy moBILET poweźmie uzasadnione podejrzenie, iż Konto Użytkownika jest lub może zostać \nwykorzystane do nadużyć, lub niezgodnie z obowiązującymi przepisami prawa, lub z postanowieniami Umowy, \nmoBiLET zastrzega sobie prawo do zablokowania Konta Użytkownika, co będzie oznaczać brak możliwości \nrealizacji jakichkolwiek usług za pośrednictwem danego Konta Użytkownika. W przypadku podejrzenia \npopełnienia przestępstwa przez Użytkownika moBiLET, po ustaleniu stanu faktycznego, moBiLET może złożyć \nzawiadomienie o podejrzeniu popełnienia przestępstwa do upoważnionych organów. \n7. \nW przypadku zablokowania Konta Użytkownika, na wezwanie moBiLET, Użytkownik zobowiązany jest \nwspółdziałać z moBiLET celem wyjaśnienia nieprawidłowości, w szczególności dostarczyć wyjaśnienia \ni odpowiednie dokumenty. \n8. \nmoBiLET rozpatruje reklamację Użytkownika w terminie nie dłuższym niż 14 dni od dnia jej doręczenia. \n \n§ 5 \nmoBiLET Komunikacja \n \n1. \nSystem moBiLET umożliwia Użytkownikowi zalegalizowanie przejazdu środkami komunikacji miejskiej \ni podmiejskiej, przejazdu środkami komunikacji dalekobieżnej, w tym kolejowej poprzez zakup biletu w postaci \nzapisu elektronicznego oraz jego obsługę na Urządzeniu. Wybór organizatora, przewoźnika, rodzaju biletu, ilości \nbiletów, relacji oraz odpowiedniej taryfy, następuje za pośrednictwem Aplikacji i wymaga weryfikacji szczegółów \ndanego biletu przez Użytkowania. Użytkownik otrzyma potwierdzenie na swoje Urządzenie, które będzie zawierać \nwszystkie informacje dotyczące rodzaju biletu, czasu, ważności, itp. \n2. \nOpłaty za bilety dostępne w Systemie moBILET są określone w aktualnej taryfie przewozu osób i bagażu danego \nprzewoźnika lub organizatora. \n3. \nUżytkownik przyjmuje do wiadomości i zgadza się na to, iż Aplikacja służy tylko i wyłącznie do zakupu biletów \nw postaci zapisu elektronicznego na przejazdy komunikacją miejską i podmiejską. Wydruki biletów oraz \nich potwierdzeń z komputerów lub innych urządzeń nie będą honorowane jako elektroniczny bilet uprawniający \ndo korzystania z usługi przewozu i mogą one służyć wyłącznie do celów reklamacyjnych, chyba że postanowienia \ndanego przewoźnika stanowią inaczej. \n4. \nUżytkownik przyjmuje do wiadomości i zgadza się na to, iż w trakcie kontroli biletów zobowiązany jest \ndo okazania kontrolerowi otrzymanego potwierdzenia na swoim Urządzeniu. \n5. \nKasowanie biletu następuje natychmiastowo po dokonaniu odpowiednich operacji w Aplikacji. Stabilność \npołączenia zależy od danego Operatora. Z tego powodu moBiLET nie bierze odpowiedzialności za niemożność \npołączenia się z Systemem moBiLET w związku ze słabym sygnałem sieci lub jego brakiem, a także w przypadku, \ngdy połączenie z serwerem zostanie przerwane przez inne aplikacje na Urządzenie Użytkownika. \n6. \nW przypadku niemożności skorzystania z Systemu moBiLET, Użytkownik zobowiązany jest do nabycia \ni/lub skasowania tradycyjnego biletu na przejazd środkami komunikacji. \n\nRegulamin Systemu moBiLET \n \n \nstr. 3 \nwww.mobilet.pl \n7. \nWymagany moment zakupu biletu określają odpowiednie przepisy porządkowe bądź regulamin danego \nprzewoźnika. \n8. \nLegalizacja i/lub zakup biletu, w trakcie kontroli przez upoważnionego kontrolera, jest niedopuszczalne i będzie \nuznawane za brak ważnego biletu na przejazd. W przypadkach spornych, z reklamacją należy zwrócić się \ndo organu, odpowiedzialnego za rozpatrywanie odwołań od decyzji kontrolerów. \n \n§ 6 \nmoBILET Parkowanie \n \n1. \nSystem moBiLET umożliwia Użytkownikowi zalegalizowanie postoju w strefie płatnego parkowania oraz \nna parkingach prywatnych, poprzez rozpoczęcie, przedłużenie oraz zakończenie naliczania rzeczywistego czasu \npostoju za pomocą Aplikacji. Wybór miasta, strefy, parkingu, maksymalnego czasu naliczania oraz numeru \nrejestracyjnego pojazdu, następuje za pośrednictwem Aplikacji i wymaga weryfikacji szczegółów danego postoju \nprzez Użytkowania. Użytkownik otrzyma potwierdzenie na swoje Urządzenie, które będzie zawierać wszystkie \ninformacje dotyczące miasta, strefy, czasu ważności itp. \n2. \nOpłaty za postój w danej strefie płatnego parkowania są określone w aktualnej uchwale odpowiedniego organu \njednostki samorządu terytorialnego. Opłaty za postój na parkingu poza pasem drogowym określa regulamin \ndanego parkingu. \n9. \nUżytkownik przyjmuje do wiadomości i zgadza się na to, iż Aplikacja służy tylko i wyłącznie do wnoszenia opłat \nza parkowanie z wykorzystaniem Urządzenia. Wydruki biletów lub ich potwierdzeń z komputerów lub innych \nurządzeń nie będą honorowane jako elektroniczny bilet parkingowy, mogą one służyć wyłącznie do celów \nreklamacyjnych, chyba że odpowiednia uchwała lub postanowienia regulaminu stanowią inaczej. \n10. Korzystając z moBiLET Użytkownik zobowiązany jest do każdorazowego oznakowania swojego pojazdu, \numieszczając za przednią szybą w widocznym miejscu „winietę moBiLET”, którą można wydrukować ze strony \ninternetowej www.mobilet.pl lub pobrać w formie naklejki w biurze obsługi klienta strefy płatnego parkowania lub \nparkingu, chyba że lokalne regulacje stanowią inaczej. \n11. Rozpoczęcie naliczania rzeczywistego czasu postoju następuje poprzez powiadomienie Systemu moBiLET \nnatychmiastowo po dokonaniu odpowiednich operacji w Aplikacji. Stabilność połączenia zależy od danego \nOperatora. Dlatego też moBILET nie bierze odpowiedzialności za niemożność połączenia się z Systemem moBiLET \nw związku ze słabym sygnałem sieci lub jego brakiem, a także w przypadku, gdy połączenie z serwerem zostanie \nprzerwane przez inne aplikacje na Urządzenie Użytkownika. \n12. W przypadku niemożności skorzystania z Systemu moBiLET, Użytkownik zobowiązany jest do wykupienia \ntradycyjnego biletu parkingowego. \n13. System moBiLET powinien być powiadomiony o rozpoczęciu postoju niezwłocznie po zaparkowaniu pojazdu. \nRozpoczynanie procedury powiadomienia Systemu moBiLET w trakcie kontroli pojazdu przez upoważnionego \nkontrolera jest niedopuszczalne i będzie uznane za brak biletu parkingowego. W przypadkach spornych, \nz reklamacją należy zwrócić się do organu, odpowiedzialnego za rozpatrywanie odwołań od decyzji kontrolerów. \n \n§ 7 \nRozliczenia i koszty \n \n1. \nPobranie Aplikacji na Urządzenie oraz późniejsze korzystanie z Aplikacji, jest związane z wykorzystaniem \ntransmisji danych (Internet) według stawek poszczególnych Operatorów. \n2. \nKoszty korzystania z Systemu moBiLET reguluje Załącznik nr 1 – Taryfy prowizji i opłat w Systemie moBiLET. \n3. \nUżytkownik przyjmuje do wiadomości, że wszelkie rozliczenia pieniężne za korzystanie z usług realizowanych \nw Systemie moBiLET realizowane są przez Krajowe Instytucje Płatnicze lub podmiot posiadający zgodę Komisji \nNadzoru Finansowego na prowadzenie działalności związanej z rynkiem finansowym. \n \n§ 8 \nRozwiązanie Umowy \n \n1. \nKażda ze stron jest uprawniona do rozwiązania Umowy za wypowiedzeniem ze skutkiem na koniec miesiąca \nkalendarzowego. Wypowiedzenie umowy przez użytkownika wymaga zachowania formy pisemnej lub formy \nelektronicznej przy wykorzystaniu formularza – Druk Rezygnacji - dostępny na stronie internetowej Systemu \nmoBiLET. Forma elektroniczna jest dochowana, gdy Użytkownik prześle prawidłowo wypełniony Druk Rezygnacji \nna \nadres \npoczty \nelektronicznej \nBOK. \nPo \nrozwiązaniu \numowy \nUżytkownik \nzostanie \npoinformowany \nza pośrednictwem poczty elektronicznej na adres podany w trakcie rejestracji w Systemie moBiLET o zamknięciu \nKonta moBILET. \n2. \nUmowa może ulec rozwiązaniu bez wypowiedzenia w przypadkach przewidzianych niniejszym Regulaminem. \n3. \nW przypadku rozwiązania Umowy Użytkownik ma prawo żądać zwrotu niewykorzystanych środków. \n4. \nZwrot środków następuje w terminie 14 dni od zgłoszenia na konto bankowe, z którego środki wcześniej \nprzelano. \n \n§ 9 \nPrzetwarzanie i ochrona danych osobowych. \n \n1. \nUżytkownik przyjmuje do wiadomości, że do realizacji Umowy konieczne jest przetwarzanie danych osobowych \nna warunkach przewidzianych w ustawie z dnia 29.08.1997 r. o ochronie danych osobowych (Dz. U. z 2016 roku, \npoz. 922 ze zm.). Art.6 ust. 1 lit.b Rozporządzenia Parlamentu Europejskiego i Rady (UE) 2016/679/UE z \n27.04.2016 r. w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych i w sprawie \nswobodnego przepływu takich danych oraz uchylenia dyrektywy 95/46/WE (ogólne rozporządzenie o ochronie \ndanych) (Dz.Urz. UE L 119, s. 1) \n2. \nUżytkownik rozumie i akceptuje fakt, iż Administratorem Danych Osobowych jest moBiLET. \n\nRegulamin Systemu moBiLET \n \n \nstr. 4 \nwww.mobilet.pl \n3. \nUżytkownik rozumie i akceptuje fakt, że jego dane osobowe przekazywane będą do Krajowej Instytucji Płatniczej \nw zakresie niezbędnym do realizowania rozliczeń w ramach Systemu moBiLET. \n4. \nUżytkownik rozumie i akceptuje, iż dane osobowe zbierane podczas rejestracji w Systemie moBiLET \nsą wykorzystywane tylko i wyłącznie dla potrzeb niezbędnych do Rejestracji Użytkownika w Systemie moBiLET \noraz realizacji Umowy, zaś ich podanie podczas Rejestracji jest dobrowolne, lecz niezbędne do realizacji umowy. \n5. \nŻądanie usunięcia przez Użytkownika danych osobowych udostępnionych moBiLET, bez których nie jest możliwa \nrealizacja obowiązków wynikających z Umowy zawartej z Użytkownikiem, jest jednoznaczne z rezygnacją przez \nUżytkownika z usług moBiLET i rozwiązaniem Umowy. \n6. \nUżytkownik ma ciągły dostęp do swoich danych osobowych poprzez strony internetowe Systemu moBILET. \nLogując się do Portalu Użytkownika, może on na bieżąco przeglądać, uaktualniać oraz poprawiać swoje dane \nosobowe. \n7. \nPo rozwiązaniu Umowy przez Użytkownika lub moBiLET, zarówno dane osobowe Użytkownika jak i informacje \nna temat dokonanych przez Użytkownika transakcji w Systemie moBILET są przechowywane w bazie danych \nSystemu moBiLET przez okres 5 lat. \n8. \nCelem zapobieżenia pozyskiwaniu i modyfikacji przez osoby nieuprawnione danych osobowych przesyłanych \ndrogą elektroniczną, System moBiLET udostępnia środki techniczne służące zabezpieczeniu transmisji danych \nelektronicznych. \n9. \nDane osobowe Użytkowników Systemu moBiLET nie będą przekazywane podmiotom trzecim w celach \nmarketingowych. \n \n§ 10 \nPostanowienia końcowe. \n \n1. \nmoBiLET jest uprawniony do jednostronnego wprowadzenia zmian lub uzupełnień w każdym czasie w niniejszym \nRegulaminie. Informacja o zmianach wraz z nowym brzmieniem Regulaminu oraz datą wejścia w życie będzie \ndoręczana Użytkownikowi za pośrednictwem poczty elektronicznej na adres wskazany w procesie rejestracji \nw Systemie moBiLET. Ponadto informacja o wprowadzonych zmianach będzie udostępniana na Portalu \nUżytkownika oraz stronach internetowych Systemu moBiLET, wraz ze wskazaniem daty wejścia w życie zmian. \n2. \nJeżeli przed datą wejścia w życie proponowanych zmian Użytkownik nie zgłosi sprzeciwu do moBiLET wobec tych \nzmian, uznaje się, że Użytkownik wyraził na nie zgodę. Zgłoszenie sprzeciwu jest równoznaczne \nz wypowiedzeniem Umowy przez Użytkownika ze skutkiem natychmiastowym. \n3. \nPromocje moBILET, programy lojalnościowe oraz inne działania o charakterze marketingowym prowadzone są \nwg zapisów odpowiedniego regulaminu. \n4. \nmoBiLET oraz Użytkownik zobowiązują się do podjęcia wszelkich działań, mających na celu polubowne \nrozwiązanie ewentualnego sporu. \n5. \nWe wszystkich sprawach dotyczących korzystania z Systemu moBiLET nieuregulowanych niniejszym \nRegulaminem zastosowanie mają odpowiednie przepisy powszechnie obowiązującego prawa na terytorium \nRzeczpospolitej Polskiej. \n6. \nNiniejszy Regulamin nie ma zastosowania na terenie innych krajów, gdzie System moBiLET jest dostępny. \nW takim przypadku obowiązuje oddzielny regulamin, którego zapisy dostosowane są do regulacji obowiązujących \nw danym kraju. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nRegulamin Systemu moBiLET \n \n \nstr. 5 \nwww.mobilet.pl \n \n \n \nZałącznik Nr 1 \nTaryfy prowizje i opłat w Systemie moBiLET \nDotyczy funkcjonowania Systemu moBiLET na terenie Rzeczypospolitej Polskiej * \n \n \nRodzaj czynności \nOpłaty/ Prowizje \nRejestracja w systemie moBiLET \n0 zł \nRejestracja w systemie poprzez SMS \nkoszt zgodnie z cennikiem \noperatora komórkowego \nOpłata miesięczna za korzystanie z systemy moBiLET \n0 zł \nKoszt zasilenia konta moBiLET \n0 zł \nZwrot środków wpłaconych \n0 zł \nAktywacja usługi Konto Grupowe \n0 zł \nOpłata miesięczna usługa Konto Grupowe \n0 zł \nOpłata za zakup biletu komunikacji miejskiej \n0 zł \nOpłata za aktywację biletu parkingowego \n** 0 zł \nOpłata za inne płatności czy bilety dostępne w Systemie \n0 zł \n \n \n* System moBiLET funkcjonuje również poza granicami Polski. Zasady funkcjonowania Systemu moBiLET określa \nwówczas regulamin dostosowany do warunków formalno-prawnych danego kraju. \n \n** Nie dotyczy opłat w strefie płatnego parkowania w Szczecinie, Krakowie oraz Poznaniu. Opłata w wysokości 1,7 % \nwartości biletu liczona jest od ostatecznej ceny biletu. Opłata stanowi koszt procesowanie środków przez Krajową \nInstytucję Płatniczą. \n \n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Skyscanner","url":"https://www.skyscanner.net/terms-of-service","lang":"ENG","sector":"Travel","hq":"UK","hq_category":"Other","is_public":"Indirectly public","is_paid":"Free","date":""},"document":{"title":"","text":"Help\nFlights\nHotels\nCar Hire\nTerms of Service\nWho are we?\nSkyscanner (“us”, “we” or “our” as the context requires)\nprovides online travel search services (including flight, hotel and car hire price\ncomparison) and other\ntravel related services (the “Services”) to travellers throughout the world via our\nwebsites, apps and other\nplatforms (the “Platforms”).\nSkyscanner is not a travel agent and is not responsible for providing, setting or controlling the prices\napplicable to, any of the travel\noptions or products which you find and book via our Services\n(“Third Party Travel Products”). All such Third Party Travel Products are\nprovided by\nindependent travel agents, airlines, hotels, tour operators or other third parties (“Travel\nProviders”) and are subject to the\nterms and conditions of those third parties.\nOur Services and Platforms are provided by Skyscanner Limited, a private limited company incorporated and\nregistered in England &\nWales with company number 04217916. Other entities that directly or\nindirectly control, are controlled by, or are under common control\nwith Skyscanner and referred to in these\nterms as “Skyscanner Group Companies”. You can find our details, including correspondence\naddress and registered office, on our Company\nDetails page.\nThese Terms\nThese terms and conditions (“Terms”) govern your access to and use of our Services and\nPlatforms, together with our privacy\npolicy, cookie\npolicy and community\nguidelines. By accessing or using the Services or Platforms, you are confirming that you have read,\nunderstood and agreed to these Terms and those of the privacy policy, cookie policy and community\nguidelines.\nSome of our Services and Platforms (for example, our ‘Skyscanner for Business’ products) impose different\nterms and conditions on your\nuse of those services. Where that is the case, you will be clearly notified and\nthose terms will operate in place of or together with these\nTerms as appropriate.\nWe may amend these Terms at any time at our discretion. If these Terms are amended, we will publish the\nrevised terms and conditions\nand you will be deemed to have accepted any amendments if you continue using\nour Services or Platforms after the amendments are\ndisplayed. If you do not accept all of these Terms then\nyou should not use our Services or Platforms.\nUsing our Services\nYou may only use our Services and Platforms in compliance with applicable laws and for legitimate purposes.\nIn consideration of you\nagreeing to these Terms, we grant you a non-transferable, non-exclusive licence to\ndownload, access and use our Services and\nPlatforms for your own personal, non-commercial purposes and for\nno other purpose. We grant this licence subject to you agreeing that\nyou shall not:\n1. use our Services or Platforms for any purpose that is improper, unlawful, or to post, share or transmit\nany material that: (i) is\ndefamatory, offensive, obscene or otherwise objectionable; (ii) is in breach\nof confidence or privacy or of any third party’s rights\nincluding copyright, trade mark or other\nintellectual property rights; (iii) is posted, shared or transmitted for the purpose of\nadvertising or\npromoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or\nwhich in any way\nsuggests that you are sponsored, affiliated or connected with Skyscanner; or (v) you do\nnot otherwise have any rights or the\npermissions you need to make available;\n2. use our Services or Platforms for any commercial purpose or in any manner which may cause damage to\nSkyscanner or bring\nSkyscanner into disrepute;\n3. disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware\ncontained in or available via\nour Services or Platforms, except as legally permitted;\n4. copy, distribute, communicate to the public, sell, rent, lend or otherwise use our Services or\nPlatforms, or seek to violate or\ncircumvent any security measures in place to restrict your access to or\nuse of our Services or Platforms;\n5. use or interfere with our Services or Platforms in a way that could damage, disable, overburden, impair\nor compromise our systems\nor security or interfere with other users;\n6. introduce onto, or transmit via our Services or Platforms any disruptive or malicious code, virus, worm,\nor trojan horse, or a ‘denial\nof service’ or ‘spam’ attack; or\nLog in\n\n7. remove, alter or replace any notices of authorship, trade marks, business names, logos or other\ndesignations of origin on our\nServices or Platforms, or pass off or attempt to pass off our Services or\nPlatforms as the product of anyone other than Skyscanner.\nYou also agree not to use any unauthorised automated computer program, software agent, bot, spider or other\nsoftware or application\nto scan, copy, index, sort or otherwise exploit our Services or Platforms or the\ndata contained on them. Skyscanner has made a\nsubstantial investment in collecting, processing and\npresenting thousands of travel data suppliers, and offers access to travel data on a\ncommercial API basis,\nso any breach of this provision is a material breach of these terms and Skyscanner reserves the right to\ntake any\ntechnical or legal action to detect and restrict unauthorised automated access to our Services and\nPlatforms.\nWhere you sign up to our Services or Platforms with a log-in account or password, you are responsible for\nkeeping those password and\nlog-in details confidential and secure. If you become aware, or suspect for any\nreason, that the security of your log-in details has been\ncompromised, please let us know via our Helpdesk immediately.\nOur Services and Platforms are not intended for children under 16 years of age, and no one under the age of\n16 may provide any\ninformation to or via our Services or Platforms. We do not knowingly collect personal\ninformation from children under 16, and if we learn\nthat we have collected or received personal information\nfrom a child under 16, we will delete that information in accordance with\nour Privacy Policy.\nTo the extent that any part of our Services or Platforms is hosted on a third party website (for example,\nFacebook or another social\nmedia website) and there are separate terms of use relating to that website, you\nagree to comply with those terms and conditions in\naddition to these Terms.\nSharing information with us\nWe take your privacy seriously and operate at all times in accordance with applicable data protection laws.\nYou acknowledge that any\npersonal data (as defined in our privacy policy) which you submit to or via our\nServices or Platforms may be used by us in accordance with\nour privacy policy. You agree to ensure that all\npersonal data you provide to us is accurate and up to date and that you have all consents,\nlicenses or\napprovals necessary to allow us to use that information in accordance with these Terms, our community\nguidelines and our\nprivacy policy.\nTo the extent that our Services or Platforms allow you to post, upload, transmit or otherwise make available\nany information, images,\nvideo, or other data with Skyscanner or other Skyscanner users (“User\nContent”), you agree that:\n1. you are solely responsible for User Content that you upload and you represent and agree that you will\nnot share anything which you\ndo not have the permission or right to share or for which you cannot grant\nthe licence in paragraph 2 below;\n2. although all intellectual property rights subsisting in any User Content will be owned by you or your\nlicensors and you are always\nfree to share your User Content with anyone else, you hereby grant\nSkyscanner and the Skyscanner Group Companies a non-\nexclusive, perpetual, royalty-free, worldwide,\ntransferrable and sub-licensable right to host, use, reproduce both electronically and\notherwise,\npublicly display, distribute, modify, adapt, publish, translate, and create derivative works from any\nand all such User\nContent (in accordance with our privacy policy) including for the purposes of\nadvertising and marketing our Services and\nPlatforms. For example, we may make User Content available to\nour business partners or other Skyscanner Group Companies to\ndisplay on their own sites. You are in\ncontrol of the User Content you upload to the Skyscanner Services and can terminate this\nlicence any\ntime by either deleting the User Content or your Skyscanner account. Deleted User Content will be\npromptly removed\nwithin 48 hours.\n3. we are under no obligation to store, retain, publish or make available any User Content uploaded by you\nand that you shall be\nresponsible for creating backups of your own User Content.\nIf you provide us with any suggestions, comments, improvements, ideas or other feedback\n(“Feedback”), you hereby irrevocably assign\nownership of all intellectual property rights\nsubsisting in that feedback to us and acknowledge that we can use and share such Feedback\nfor any purpose at\nour discretion. You can provide feedback to us by clicking on the ‘feedback’ tab or through our Helpdesk.\nSkyscanner’s property\nExcept as set out elsewhere in these Terms, all intellectual property rights including copyright (including\ncopyright in computer\nsoftware), patents, trade marks or business names, design rights, database rights,\nknow-how, trade secrets and rights of confidence in\nour Services and Platforms (together, the\n“Intellectual Property Rights”) are owned by or licensed to Skyscanner. You acknowledge\nthat\nby using the Services or Platforms, you will not acquire any right, title or interest in or to them\nexcept for the limited licence to use them\ngranted to you by these Terms. You also acknowledge that you have\nno right to have access to any of the Services or Platforms in\nsource-code form unless it is released under\na license specifically permitting such access.\nOther people’s property\n\nWe respect the intellectual property rights of others. If you have reason to believe that your copyright is\nbeing infringed by any content\non our Services or Platforms, please send a written notification of the\nalleged infringement to [email protected], for the attention of\nthe Legal Department. Alternatively, you can contact us in writing at:\nSkyscanner Legal Department\nQuartermile One, 15 Lauriston Place, Edinburgh, EH3 9EN\nTo assist us with resolving any alleged infringement, and where applicable in order to make a valid\nnotification under the Digital Millennium\nCopyright Act (for which purposes the Legal Department are the\ndesignated agent) please include the following information in your\nnotice:\n1. identification of the copyrighted work claimed to have been infringed;\n2. identification of the claimed infringing material and enough information for us to reasonably locate it\non our Services (providing the\nURL(s) of the materials is fine);\n3. enough information for Skyscanner to contact you, such as an address, telephone number, and, if\navailable, an email address;\n4. a statement by you that you have a good faith belief that the disputed use is not authorized by the\ncopyright owner, its agent, or\nthe law;\n5. for claims under the DMCA only, a statement by you, made under penalty of perjury, that the above\ninformation in your notification\nis accurate and that you are the copyright owner or are authorized to\nact on the copyright owner’s behalf, and your physical or\nelectronic signature.\nPrice accuracy and warranty disclaimer\nYour use of the Services and Platforms is entirely at your own risk.\nAlthough we enforce strict price accuracy policies with all Travel Providers who supply our travel data and\ndo our best to ensure that the\ncontent displayed on or via our Services and Platforms is up to date and\naccurate, we cannot guarantee the reliability or accuracy of\nsuch content.\nLikewise, our price forecasts are based on data that we hold that relates to past pricing trends, but there\nis no guarantee that our\nforecasts will be correct.\nWe provide the Services and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions\nand guarantees of any kind,\nwhether express or implied, including but not limited to, the implied warranties\nof title, non-infringement, merchantability and accuracy,\nas well as any warranties implied by usage of\ntrade, course of dealing or course of performance. To the extent permitted by law, we make\nno\nrepresentations and do not warrant to you that our Services or Platforms (a) are accurate, complete or up to\ndate; (b) will always be\navailable; (c) will meet your expectations; or (d) are secure or are free from\nerrors, faults, defects, viruses or malware.\nPrice forecasting\nSkyscanner may provide you with flight forecasting information if you choose to sign up to price alerts. Our\nprice forecasts are the best\nguess that we can provide at any given time based on the data that we hold that\nrelates to past trends. There is no guarantee that our\nforecasts will be correct, since pricing and\navailability depends on third parties, as explained above. While you may choose to rely on our\nforecasts, we\ndo not and cannot guarantee their accuracy and accept no liability for any inaccuracy or unavailability of\nindicative prices.\nMaking travel bookings via Skyscanner\nSkyscanner is not a travel agent and is not responsible for providing any travel options displayed via the\nServices or Platforms or for\nsetting or controlling the prices we display. Any Third Party Travel Products\nwhich you find and/or book via our Services or Platforms are\nprovided by independent Travel Providers.\nSkyscanner facilitates your bookings with Travel Providers but is not responsible and has no liability to you\nin respect of such bookings.\nThe identity of the relevant Travel Provider and the terms and conditions\napplicable to your booking with them (“Travel Provider Terms”)\nwill be notified to you at\nthe time of booking and you should ensure that you read and fully understand them before completing your\nbooking. The only exception to this is if you’ve booked with Skyscanner’s Travel Service, which is subject\nto a different set of terms and\nconditions. Unless your booking confirmation has come from Skyscanner, then\nthis is unlikely to affect you.\nThe Travel Provider Terms should set out what rights you have against the Travel Provider and will explain\ntheir liability to you in the event\nof anything going wrong.\nYou agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel\nProvider Terms could result in\nthe cancellation of tickets or reservations, revocation of frequent flier\nmiles and other benefits, and additional charges.\n\nWhere you have used our Platforms to book two or more related travel products within a 24-hour period (for\nexample a flight and hotel\nbooked separately but within 24 hours of each other) then this may be classified\nas a “Linked Travel Arrangement” depending on where\nyou are located and the applicable consumer protection\nlaws that apply. Where a Linked Travel Arrangement has been created, you will\nnot have the same level of\nconsumer protection that you would get where you book both a flight and hotel together through one single\nagent (where you may then get the benefits that apply to booking holiday packages). This means that you need\nto rely on each individual\nTravel Provider to perform their services, and do not have legal recourse to the\norganiser or the retailer of a package. In the event of the\ninsolvency of one of the providers involved in\nthe Linked Travel Arrangement, the protections available under the EU Package Travel\nRegulations will not\napply.\nLimitations and exclusions of liability\nThese Terms set out the full extent of Skyscanner’s obligations and liabilities in respect of our Services\nand Platforms.\nSkyscanner has no responsibility whatsoever for any arrangements you make with any third party as a result of\nyour use of our Services\nor Platforms (including, without limitation, any Travel Provider). If you encounter\nany problems with any booking you make or attempt to\nmake via Skyscanner, you acknowledge that you should\nresolve that issue with the relevant Travel Provider and that your sole remedy in\nsuch circumstances,\nincluding any refund, lies with the relevant Travel Provider and not with Skyscanner. Where our Services or\nPlatforms\ncontain links to other sites and resources provided by third parties, these links are provided for\nyour information only. We have no control\nover the contents of those sites or resources and accept no\nresponsibility for them or for any loss or damage that may arise from your\nuse of them.\nYou may see advertising material submitted by third parties on our Services and Platforms. Each individual\nadvertiser is solely responsible\nfor the content of its advertising material and Skyscanner accepts no\nresponsibility for the content of advertising material, including,\nwithout limitation, any errors, omissions\nor inaccuracies.\nTo the maximum extent permitted by law, we (together with our officers, directors, employees,\nrepresentatives, affiliates, providers and\nthird parties) do not accept any liability for (a) any\ninaccuracies or omissions in the content displayed on or via our Services or Platforms;\nor (b) any act of\ngod, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or\ndamage of any kind\n(including, without limitation, lost profits or lost savings), whether based in contract,\ntort (including negligence), strict liability or\notherwise, incurred by you arising out of or in connection\nwith your access to, use of, or inability to access or use, our Services or\nPlatforms or their contents.\nSubject to these Terms and to the extent permitted by law, our maximum aggregate liability to you arising out\nof or in connection with\nthese Terms or your access to, use of, or inability to access or use, our Services\nor Platforms shall be limited to the sum of £100 (one\nhundred pounds sterling).\nNothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused\nby our negligence or for our\nfraud or fraudulent misrepresentation; (b) any other liability that cannot be\nexcluded by law; or (c) your statutory rights.\nYour liability to us\nSubject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs,\ndamages, losses and expenses\n(including, without limitation, legal fees) incurred by us or the Skyscanner\nGroup Companies, and each of our officers, directors,\nemployees and agents, arising out of or in any way\nconnected with your use of our Services or Platforms or breach of these Terms.\nTermination\nSkyscanner may in its absolute discretion immediately terminate any agreement with you under these Terms at\nany time upon notice to\nyou and/or, if you have a log-in account, by cancelling your membership and your\naccess to your account and removing any User Content\nyou have uploaded to our Services or Platforms.\nSkyscanner may suspend your access and use in whole or in part without notice at any\ntime, for example to\nprevent you from uploading any User Content, without incurring any liability to you whatsoever.\nGeneral provisions\nYou acknowledge that your unauthorised use of our Services or Platforms may result in irreparable damage and\ninjury to Skyscanner\nand/or its affiliates or licensors for which money damages would be inadequate.\nConsequently, in the event of such unauthorised use, we\nand our affiliates and/or licensors (as applicable)\nshall have the right, in addition to any other legal remedies available, to seek an\nimmediate injunction\nagainst you.\nThe invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the\nvalidity or enforceability of the\nremaining provisions (in whole or part). The whole or part of any\nprovision which is held by a court of competent jurisdiction to be invalid\nor unenforceable shall be deemed\ndeleted from these Terms.\n\nThese Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any\nthird party without our prior\nwritten consent.\nThese Terms represent the entire agreement between us and you and supersede and replace all and any previous\nterms, conditions,\nagreements and arrangements in respect of your use of our Services or Platforms.\nWe will act promptly to any indications of User Content that is in breach of these Terms. Where you know of\nor suspect any illegal\nactivities, please contact us at our helpdesk.\nAny failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to\nsubsequently enforce any of these\nTerms.\nA person who is not a party to these Terms shall have no right to enforce any provision of these Terms.\nIrrespective of the country from which you access or use Services or Platforms, to the extent permitted by\nlaw these Terms and your use\nshall be governed in accordance with the laws of England and Wales and you are\ndeemed to have submitted to the non-exclusive\njurisdiction of the courts of England and Wales to resolve any\ndisputes which may arise hereunder. If you are using the Platforms or\nServices for commercial purposes, or\nvia an unauthorised computer program as further described and prohibited under the “using our\nservices”\nsection of these Terms, then you submit to the exclusive jurisdiction of the courts of England and Wales for\nany disputes arising\nhereunder unless there is an existing commercial agreement between us governing your\nuse which specifies otherwise.\nContact us\nIf you require further information about Skyscanner or have any suggestions concerning how to improve our\nServices or Platforms,\nplease contact our helpdesk.\nAlternatively, you can write to us at Quartermile One, 15 Lauriston Place, Edinburgh EH3 9EN marked for the\nattention of our ‘Chief Legal Officer’.\nExplore\nCities \nAirports \nCountries / Regions \nAirlines \nFlights \nHotels \nCar hire \nApp \nSitemap \nPartners\nWork with us \nAdvertise with us \nTravel Insight \nAffiliates \nTravel APIs \nCompany\nAbout us \nWhy Skyscanner? \nMedia \nOur people \nAccessibility \nSustainability \nBrand story \nCompany Details \nJobs \nTravel features & news \nCookie policy \nPrivacy policy \nTerms of service \nLegal notices \nModern slavery \nHelp\nHelp \nPrivacy settings \nSecurity \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"TripAdvisor","url":"https://tripadvisor.mediaroom.com/ie-terms-of-use","lang":"ENG","sector":"Travel","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"01.10.2018"},"document":{"title":"","text":"Terms of Use\nUSE OF THE SERVICES\nADDITIONAL PRODUCTS\nPROHIBITED ACTIVITIES\nPRIVACY POLICY AND DISCLOSURES\nREVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT\nRestricting Tripadvisor’s Licence Rights\nBOOKING WITH THIRD-PARTY SUPPLIERS THROUGH Tripadvisor\nUse of Tripadvisor Booking Services\n\n \nThird-Party Suppliers\n\n \nBooking Holiday Rentals, Restaurant Reservations and Experiences with Third-Party Suppliers Listed on\nCorporate Affiliate Sites\n\n \nTRAVEL DESTINATIONS\n\n \nInternational Travel\nLIABILITY DISCLAIMER\nINDEMNIFICATION\nLINKS TO THIRD-PARTY SITES\nSOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENCES\nCOPYRIGHT AND TRADEMARK NOTICES\nNotice and Take-Down Policy for Illegal Content\nMODIFICATIONS TO THE SERVICES; TERMINATION\nJURISDICTION AND GOVERNING LAW\nCURRENCY CONVERTER\nGENERAL PROVISIONS\nSERVICE HELP\nWelcome to the Tripadvisor websites and mobile properties located at www.Tripadvisor.ie and applicable country top\nlevel domains (including sub-domains associated with them), related software applications (sometimes referred to as\n“apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of\nthese items shall be referred to herein as the “Services”; more generally, the Tripadvisor websites and mobile\nproperties shall hereinafter be referred to herein as “websites”). The Services are offered to you conditioned upon\nyour acceptance of the terms, conditions and notices set forth below (collectively, this “Agreement”). By accessing or\nusing the Services, you agree to be bound by this Agreement and represent that you have read and understood its\nterms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on\nthese rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of\nthese terms and conditions, you are not authorised to use the Services. If you have a Tripadvisor account and wish to\nterminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the\nServices (a description of how to do so is available here).\nAny information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of\nmaterials that you can view on, access or otherwise interact with through the Services shall be referred to as\n“Content”. The terms “we”, “us”, “our” and “Tripadvisor” refer to TripAdvisor LLC, a Delaware limited liability company\nlocated in the United States of America (“Tripadvisor”). “Services” as defined above refers to those provided by\n\nTripadvisor or our corporate affiliates (Tripadvisor and such entities, when one or more are referred to, shall be\ncollectively defined as the “Tripadvisor Companies”). For the avoidance of doubt, the websites are all owned and\ncontrolled by Tripadvisor. However, some specific Services made available via the websites may be owned and\ncontrolled by Tripadvisor’s corporate affiliates, for example Services facilitating the booking of Holiday Rentals,\nRestaurant Reservations and Experiences with third-party suppliers (see below). \nThe term “you” refers to the individual, company, business organisation or other legal entity using the Services and/or\ncontributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services\nshall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”\nThe Services are provided solely to:\nA. Assist customers in gathering travel information, posting Content and searching for and booking travel services\nand reservations; and\nB. Assist travel, tourism and hospitality businesses in engaging with customers and potential customers, by way of\nfree and/or paid-for services offered by or through the Tripadvisor Companies.\nWe may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein,\nand you understand and agree that your continued access or use of the Services after such change signifies your\nacceptance of the updated or modified Agreement. We will note the date that revisions were last made to this\nAgreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered\nusers of our Services (such registered users to be referred to as “Account Holders”) of material changes to these\nterms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or\nby placing a notice on our websites. Be sure to return to this page periodically to review the most current version of\nthis Agreement.\nUSE OF THE SERVICES\nAs a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to the\nTripadvisor Companies is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard\nyour account information and will supervise and be completely responsible for any use of your account by anyone\nother than you, (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age\nrequirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you\npossess the legal authority to enter into this Agreement and to use the Services, including our websites in\naccordance with all terms and conditions herein. The Tripadvisor Companies do not knowingly collect the information\nof anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at\nany time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services,\nincluding any products or services that facilitate the sharing of Content to or from third party sites, you understand\nthat you are solely responsible for any information that you share with the Tripadvisor Companies. You may access\nthe Services solely as intended through the provided functionality of the Services and as permitted under this\nAgreement.\nCopying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or\n(b) the Services more generally is strictly prohibited without the prior written permission of the Tripadvisor Companies.\nTo request permission, please direct your request to:\nDirector, Partnerships and Business Development\nTripAdvisor LLC\n400 1st Avenue\nNeedham, MA 02494, USA\nIn order to access certain features of the Services, you will need to become an Account Holder by creating an\naccount. When you create an account, you must provide complete and accurate information. You are solely\nresponsible for the activity that occurs on your account, including your interaction and communication with others,\nand you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your\ncontact information up to date. \nIf you are creating a Tripadvisor account for commercial purposes and are accepting this Agreement on behalf of a\ncompany, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the\nauthority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement\nshall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business\nRepresentative”.\nThrough your use of the Services you may encounter links to third party sites and apps or be able to interact with\nthird party sites and apps. This may include the ability to share Content from the Services, including your Content,\n\nwith such third party sites and apps. Please be aware that third party sites and apps may publicly display such\nshared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of\ntheir websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before\nproceeding with any transaction with any third party to determine whether a charge will be incurred. Where the\nTripadvisor Companies provide details of fees or charges for such third party content or services, such information is\nprovided for convenience and information purposes only. Any interactions with third party sites and apps are at your\nown risk. You expressly acknowledge and agree that the Tripadvisor Companies are in no way responsible or liable\nfor any such third party sites or apps.\nSome Content you see or otherwise access on or through the Services is used for commercial purposes. You agree\nand understand that the Tripadvisor Companies may place advertising and promotions on the Services alongside,\nnear, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before,\nduring or after its presentation), as well as the Content of others.\nADDITIONAL PRODUCTS\nThe Tripadvisor Companies may, from time to time, decide to change, update or discontinue certain products and\nfeatures of the Services. You agree and understand that the Tripadvisor Companies have no obligation to store or\nmaintain your Content or other information you provide, except to the extent required by applicable law.\nWe also offer other services that may be governed by additional terms or agreements. If you use any other such\nservices, the additional terms will be made available and will become part of this Agreement, except where such\nadditional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase\nsuch additional services for commercial or business purposes, you must agree to the applicable additional terms. To\nthe extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern\nto the extent of the conflict with respect to those specific services.\nPROHIBITED ACTIVITIES\nThe Content and information available on and through the Services (including, but not limited to, messages, data,\ninformation, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as\nthe infrastructure used to provide such Content and information, is proprietary to the Tripadvisor Companies or\nlicensed to the Tripadvisor Companies by third parties. For all Content other than your Content, you agree not to\notherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works\nfrom, transfer or sell or re-sell any information, software, products or services obtained from or through the Services.\nAdditionally, you agree not to:\n(i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes\nexplicitly permitted under this Agreement and related guidelines as made available by the Tripadvisor\nCompanies;\n(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit\nany Content of the Services, including but not limited to, user profiles and photos, using any robot, spider,\nscraper or other automated means or any manual process for any purpose not in accordance with this\nAgreement or without our express written permission;\n(iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other\nmeasures employed to prevent or limit access to the Services;\n(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large\nload on our infrastructure;\n(v) deep-link to any portion of the Services for any purpose without our express written permission;\n(vi) \"frame\", \"mirror\" or otherwise incorporate any part of the Services into any other websites or service without\nour prior written authorisation;\n(vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software\nprograms used by the Tripadvisor Companies in connection with the Services;\n(viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that\nprevent or restrict use or copying of any Content; or\n(ix) download any Content unless it’s expressly made available for download by the Tripadvisor Companies.\nPRIVACY POLICY AND DISCLOSURES\nAny personal information you post on or otherwise submit in connection with the Services will be used in accordance\nwith our Privacy Policy. Click here to view our Privacy Policy.\nREVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT\nWe appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via\nemail, posting via any Tripadvisor synchronisation product, via the services and applications of others, or otherwise,\nincluding any of your Content that is transmitted to your Tripadvisor account by virtue of any Tripadvisor Companies\nproduct or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in\n\nany of your Content, you grant the Tripadvisor Companies a nonexclusive, royalty-free, perpetual, transferable,\nirrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish,\ncreate derivative works from and publicly display and perform such Content of yours throughout the world in any\nmedia, now known or hereafter devised; (b) make your Content available to the rest of the world and to let others do\nthe same; (c) to provide, promote, and improve the Services and to make your Content shared on the Services\navailable to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or\npublication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement;\nand (d) use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge\nthat Tripadvisor may choose to provide attribution of your Content at our discretion. You further grant the Tripadvisor\nCompanies the right to pursue at law any person or entity that violates your or the Tripadvisor Companies’ rights in\nyour Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and\nnon-proprietary. You affirm, represent and warrant that you own or have the necessary licences, rights (including\ncopyright and other proprietary rights), consents and permissions to publish and otherwise use (and for the\nTripadvisor Companies to publish and otherwise use) your Content as authorised under this Agreement.\nIf it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby\ndeclare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying\ninformation be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b)\nyou have no objection to the publication, use, modification, deletion and exploitation of your Content by the\nTripadvisor Companies or their licensees, successors and assigns; (c) you forever waive and agree not to claim or\nassert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release the\nTripadvisor Companies and their licensees, successors and assigns, from any claims that you could otherwise assert\nagainst the Tripadvisor Companies by virtue of any such moral rights.\nNote that any feedback and other suggestions you provide may be used at any time and we are under no obligation\nto keep them confidential.\nThe Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which\nyou may post your Content, such as reviews of travel experiences, messages, materials or other items (\"Interactive\nAreas\"). If Tripadvisor provides such Interactive Areas on the websites, you are solely responsible for your use of\nsuch Interactive Areas and use them at your own risk. The Tripadvisor Companies do not guarantee any\nconfidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent\nthat any entity that is one of the Tripadvisor Companies provides any form of private communication channel between\nAccount Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help\nsafeguard our community and the Services. You understand that the Tripadvisor Companies do not edit or control the\nuser messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or\nother communications forums, and will not be in any way responsible or liable for such messaging. In particular,\nTripadvisor does not edit or control users’ Content that appears on the websites. The Tripadvisor Companies\nnevertheless reserve the right to remove without notice any such messaging or other Content from the Services,\nwhere they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is\nreasonably necessary to safeguard the rights of the Tripadvisor Companies and/or other users of the Services.\nShould you disagree with the removal of your Content from the websites, you may contact Tripadvisor using the Help\nCenter to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours\nthat complies with Tripadvisor’s published guidelines, as are in force at the time of submission and made available to\nyou by Tripadvisor. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish\nthrough the Services any Content of yours that:\na. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,\nharassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights,\nabusive, inflammatory, fraudulent or otherwise objectionable;\nb. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical\nharm of any kind against any group or individual;\nc. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense,\ngive rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create\nliability or violate any local, national or international law, including, without limitation, the regulations of the U.S.\nSecurities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited\nto, the New York Stock Exchange (NYSE), the NASDAQ or the London Stock Exchange;\nd. Provides instructional information about illegal activities such as making or buying illegal weapons, violating\nsomeone’s privacy or providing or creating computer viruses;\ne. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.\nIn particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as\nproviding pirated computer programs or links to them, providing information to circumvent manufacturer-\ninstalled copy-protect devices, or providing pirated music or links to pirated music files;\nf. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;\ng. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including\nthe Tripadvisor Companies;\n\nh. Is private information of any third party, including, without limitation, addresses, phone numbers, email\naddresses, National Insurance numbers and credit card numbers. Note that an individual’s surname (family\nname) may be posted to our websites, but only where express permission of the identified individual has been\nsecured beforehand;\ni. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from\nanother accessible page);\nj. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;\nk. Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or\nl. In the sole judgment of Tripadvisor, (a) violates the previous subsections herein, (b) violates Tripadvisor’s related\nguidelines as made available to you by Tripadvisor, (c) is objectionable, (d) restricts or inhibits any other person\nfrom using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose any of the\nTripadvisor Companies or their users to any harm or liability of any type.\nThe Tripadvisor Companies take no responsibility and assume no liability for any Content posted, stored, transmitted\nor uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content\nmore generally), or for any loss or damage thereto, nor are the Tripadvisor Companies liable for any mistakes,\ndefamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a\nprovider of interactive services, Tripadvisor is not liable for any statements, representations or any other Content\nprovided by its users (including you as to your Content) in the websites or any other forum. Although Tripadvisor has\nno obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area,\nTripadvisor reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any\nContent posted or stored on the Services at any time and for any reason, or to have such actions performed by third\nparties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you\npost or otherwise submit to us or store on the Services at your sole cost and expense.\nAny use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this\nAgreement and may result in, among other things, termination or suspension of your rights to use the Interactive\nAreas and/or the Services more generally.\nRestricting Tripadvisor’s Licence Rights.You may elect on a going forward basis to limit the Tripadvisor\nCompanies’ use of your Content under this Agreement (as described above) by opting to provide the Tripadvisor\nCompanies with a more limited licence as described further below (such limited licence to be referred to herein as a\n“Restricted Licence”). You may make this election by selecting such Restricted Licence grant here (note that to do\nso you shall need to be logged into your account). If you make this election, the rights you grant the Tripadvisor\nCompanies to your Content pursuant to the licence terms set forth above (referred to as the “Standard Licence”)\nshall be limited in some important ways described in paragraphs 1 through 6 directly below, such that the Tripadvisor\nCompanies shall not hold a Standard Licence to any of your Content other than the text-based reviews and\nassociated bubble ratings you post (as to which the Tripadvisor Companies shall continue to be granted a Standard\nLicence), but shall be granted a “Restricted Licence” as to the balance of your Content as defined below: \n1. When you post your Content to the Services, the licence you grant the Tripadvisor Companies in Your Content\nshall be limited to a nonexclusive, royalty-free, transferable, sublicensable and worldwide licence to host, use,\ndistribute, modify, run, reproduce, publicly display or perform, translate and create derivative works of your\nContent for purposes of displaying such on the Services, as well as using your name and/or trademark in\nconnection with that Content. Subject to Paragraph 6 below, the Restricted Licence applies to any of your\nContent (again, other than text-based reviews and associated bubble ratings) you or another on your behalf\n(e.g. a third party that contributes to or otherwise manages your account) make available on or in connection\nwith the Services.\n \n2. As to any individual item of your Content that is subject to the Restricted Licence, you can terminate the\nTripadvisor Companies’ licence rights hereunder to such by deleting such post from the Services. \nCorrespondingly, you may terminate the Tripadvisor Companies’ licence rights in all of your Content that is\nsubject to the Restricted Licence by terminating your account (a description of how to do so is available here). \nNotwithstanding anything to the contrary, your Content (a) shall remain on the Services to the extent you shared\nit with others and they copied it or stored it prior to you deleting it or terminating your account, (b) may continue\nto be displayed upon the Services for a reasonable amount of time after you delete it or terminate your account\nas we seek to remove it, and/or (c) may be retained (but not publicly displayed) for technical, fraud moderation,\nregulatory or legal reasons in backup copy form for a period of time.\n \n3. The Tripadvisor Companies will not use your Content in advertisements for the products and services of third\nparties to others without your separate consent (including sponsored Content), although you agree and\nunderstand that the Tripadvisor Companies may place advertising and promotions on the Services alongside,\nnear, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content,\nbefore, during or after its presentation), as well as the Content of others. In all instances in which your Content\nis displayed on the Services, we shall provide attribution by using the name and/or trademark that you submit in\nconnection with your Content. \n \n\n4. The Tripadvisor Companies will not give third parties the right to publish your Content beyond the Services.\nHowever, sharing your Content on the Services (save for our “Trips” feature, which can be made private) shall\nresult in your Content being made \"public\" and we will enable a feature that allows other users to share (by way\nof embedding that public post or otherwise) such Content of yours (save, as noted, Trips you configure to be\nprivate) onto third-party services, and we will enable search engines to make that public Content of yours\nfindable through their services. \n \n5. Except as modified by paragraphs 1 through 6 of this section of this Agreement, your and our rights and\nobligations shall remain subject to the balance of the terms of this Agreement. The licence you grant the\nTripadvisor Companies as modified by these paragraphs 1-6 shall be referred to as a “Restricted Licence”.\n \n6. For the sake of clarity, the Content you submit to the Services in connection with other Tripadvisor Companies\nservices or programmes is not subject to the Restricted Licence, but shall instead be governed by the terms\nand conditions associated with that specific Tripadvisor service or programme.\nBOOKING WITH THIRD-PARTY SUPPLIERS THROUGH Tripadvisor\nUse of Tripadvisor Booking Services. The Tripadvisor Companies offer you the ability to search for, select, and\nbook travel reservations with third-party suppliers without leaving the Services. By booking travel reservations via the\nwebsites, you will become an Account Holder if you are not one already.\nBy booking via the websites, you acknowledge that you accept the practices described in our Privacy Policy and this\nAgreement. In addition, you warrant, either in your individual capacity or as a Business Representative, that you are\n18 years of age or older, that you possess the legal authority to enter into this Agreement and use the Services\n(including the Tripadvisor Companies’ booking facilitation services) in accordance with this Agreement, and that all\ninformation you supply is true and accurate. You further agree that you will use the Tripadvisor Companies’ booking\nfacilitation services only to make legitimate reservations for you or others for whom you are legally authorised to act.\nAny false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her\naccount terminated.\nAS A USER OF THE SERVICES, INCLUDING Tripadvisor COMPANIES’ BOOKING FACILITATION SERVICES, YOU\nUNDERSTAND AND AGREE THAT: (1) THE Tripadvisor COMPANIES WILL NOT HAVE ANY LIABILITY TO YOU OR\nOTHERS FOR ANY UNAUTHORISED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2)\nTHE UNAUTHORISED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO\nTripadvisor, ITS CORPORATE AFFILIATES AND/OR OTHERS.\nWhen you book a reservation facilitated by the Tripadvisor Companies, your payment information will be collected\nand transmitted to the supplier to complete the transaction, as described in our Privacy Policy. Please note that the\nsupplier, not the Tripadvisor Companies, is responsible for processing your payment and fulfilling your reservation.\nThe Tripadvisor Companies will not interfere with reservations arbitrarily, but reserve the right to withdraw booking\nfacilitation services because of certain extenuating circumstances, such as when a reservation is no longer available\nor when we have reasonable cause to suspect that a reservation request may be fraudulent. The Tripadvisor\nCompanies also reserve the right to take steps to verify your identity to process your reservation request.\nIn the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-\nin, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.\nThird-Party Suppliers. The Tripadvisor Companies are not travel agencies and do not provide or own transportation\nservices, accommodations, restaurants, tours, activities or experiences. Although the Tripadvisor Companies display\ninformation about properties owned by third-party suppliers and facilitate reservations with certain suppliers on or\nthrough the Tripadvisor Companies’ websites, such actions do not in any way imply, suggest or constitute the\nTripadvisor Companies’ sponsorship or approval of third-party suppliers, or any affiliation between the Tripadvisor\nCompanies and third-party suppliers. Although Account Holders may rate and review particular transportation\nservices, accommodations, restaurants, tours, activities or experiences based on their own experiences, the\nTripadvisor Companies do not endorse or recommend the products or services of any third-party suppliers, save that\nTripadvisor does issue certain businesses awards that are based on the reviews posted by Account Holders. The\nTripadvisor Companies do not endorse any Content posted, submitted or otherwise provided by any user or\nbusiness, or any opinion, recommendation or advice expressed therein, and the Tripadvisor Companies expressly\ndisclaim any and all liability in connection with such Content. You agree that the Tripadvisor Companies are not\nresponsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the\nServices.\nIf you book a reservation with a third-party supplier, then in addition to this Agreement, you agree to review and be\nbound by the supplier’s terms and conditions of purchase and website use, privacy policy and any other rules or\npolicies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. The\nTripadvisor Companies will have no liability with respect to the acts, omissions, errors, representations, warranties,\n\nbreaches or negligence of any third-party suppliers or for any personal injuries, death, property damage or other\ndamages or expenses resulting from your interactions with third-party suppliers.\nThe Services may link you to supplier sites or other sites that Tripadvisor does not operate or control. For further\ninformation, please refer to the “Links to Third-Party Sites” section below.\nBooking Holiday Rentals, Restaurant Reservations and Experiences with Third-Party Suppliers Listed on\nCorporate Affiliate Sites. Some of Tripadvisor’s corporate affiliates act as marketplaces to facilitate travellers’ ability\nto (1) enter into holiday rental agreements with property owners and managers (“Holiday Rentals”), (2) make\nreservations for restaurants (“Restaurants”) and/or (3) make reservations for tours, activities and attractions (variously,\n“Experiences”) with third-party suppliers of such Experiences (each such supplier of a holiday rental and/or\nExperience to be referred to as an “Advertiser”). Those corporate affiliates of Tripadvisor syndicate their\nadvertisements to other entities within the Tripadvisor Companies group and that is why you see them on the\nTripadvisor Companies’ websites. As a user, you must be responsible for your use of the Services (including, in\nparticular, the Tripadvisor Companies’ websites), and any transaction involving Holiday Rentals, Restaurants or\nExperiences facilitated by Tripadvisor’s corporate affiliates. We do not own, manage or contract for any Holiday\nRental, Restaurant or Experience listed on the Services.\nBecause neither Tripadvisor nor its corporate affiliates are parties to Holiday Rental transactions, Restaurant\nreservations or Experience-related transactions between travellers and Advertisers, any dispute or conflict involving\nan actual or potential transaction between you and an Advertiser, including the quality, condition(s), safety or legality\nof a listed Holiday Rental, Restaurant or Experience, the accuracy of the listing Content, the Advertiser’s ability to rent\na Holiday Rental property, provide you with a reservation, meal or other service at a Restaurant or provide an\nExperience, or your ability to pay for a Holiday Rental property, a Restaurant meal or service or an Experience, is\nsolely the responsibility of each user.\nOne of Tripadvisor’ corporate affiliates may act as an Advertiser’s limited agent solely for the purpose of transmitting\nyour payment to the Advertiser. You agree to pay an Advertiser, or a Tripadvisor corporate affiliate acting as limited\npayment collection agent on behalf of an Advertiser, any specified fee(s) charged by the Advertiser for any Holiday\nRental reservation or Experience.\nFor further information on Holiday Rental fees, security deposits, fees for Experiences, payment processing, refunds\nand the like, please consult our affiliates’ terms and conditions (for Experiences visit Viator; for Restaurants visit The\nFork; for holiday rentals, visit Tripadvisor Companies' Holiday Rentals. By making a Holiday Rental reservation,\nRestaurant reservation or Experience reservation facilitated by one of our corporate affiliates, you will have to\nacknowledge and agree to its terms and conditions, as well as its privacy policy.\nIf you enter into a dispute with an Advertiser in the EU, alternative methods for resolving that dispute are available\nonline here: http://ec.europa.eu/consumers/odr/.\nTRAVEL DESTINATIONS\nInternational Travel. When you book international travel reservations with third-party suppliers or plan international\ntrips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your\ntravel documents, including passports and visas, are in order.\nFor passport and visa requirements, please consult the relevant embassy or consulate for information. Because\nrequirements may change at any time, be sure to check for up-to-date information before booking and departure.\nThe Tripadvisor Companies accept no liability for travellers who are refused entry onto a flight or into any country\nbecause of the traveller’s failure to carry the travel documents required by any airline, authority or country, including\ncountries the traveller may just be passing through en route to his or her destination.\nIt is also your responsibility to consult your physician for current recommendations on inoculations before you travel\ninternationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to\nyour trip.\nAlthough most travel, including travel to international destinations, is completed without incident, travel to certain\ndestinations may involve greater risk than others. Tripadvisor urges travellers to investigate and review travel\nprohibitions, warnings, announcements and advisories issued by their own governments and destination country\ngovernments prior to booking travel to international destinations. For example, information on conditions in various\ncountries and the level of risk associated with travel to particular international destinations is provided by the United\nStates Government\nat www.state.gov, www.tsa.gov,www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.\nBY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, THE\nTripadvisor COMPANIES DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR\nWITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH\nDESTINATIONS.\n\nLIABILITY DISCLAIMER\nPLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE Tripadvisor COMPANIES’ LIABILITY TO\nYOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT\nUNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A\nLAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.\nTHE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA\nTHE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND\nPRICING ERRORS. THE Tripadvisor COMPANIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL\nLIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION\nOF THE ACCOMODATION, EXPERIENCES, AIR, CRUISE, RESTAURANT OR ANY OTHER TRAVEL PRODUCTS\nDISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY,\nPHOTOGRAPHS, LIST OF ACCOMODATION, EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER TRAVEL\nPRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, THE\nTripadvisor COMPANIES EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING\nERRORS ON THE SERVICES AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.\nTripadvisor MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES,\nINCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY\nPURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES\nOR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR\nRECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY Tripadvisor, NOTWITHSTANDING ANY\nAWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND\nSERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED \"AS IS\" WITHOUT\nWARRANTY OF ANY KIND. Tripadvisor DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY\nKIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM Tripadvisor, ARE FREE\nOF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE\nLAW, Tripadvisor HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS\nINFORMATION, SOFTWARE, PRODUCTS AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND\nCONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,\nTITLE, QUIET POSSESSION AND NONINFRINGEMENT.\nTHE Tripadvisor COMPANIES ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION OR OTHER TERM\nOF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND\nTHROUGH THE SERVICES.\nTHE THIRD PARTY SUPPLIERS PROVIDING ACCOMODATIONS, FLIGHT, RENTALS, EXPERIENCES, RESTAURANTS\nOR CRUISE INFORMATION, TRAVEL OR OTHER SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT\nCONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE Tripadvisor COMPANIES. THE Tripadvisor\nCOMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,\nBREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY\nDAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Tripadvisor HAS NO LIABILITY AND\nWILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE\nMAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY\nADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.\nSUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL THE\nTripadvisor COMPANIES (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT,\nINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF\nINCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM\nOR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY\nCONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR\nINABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE\nUPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN\nHORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE\nSERVICES (INCLUDING, BUT NOT LIMITED TO ANY Tripadvisor COMPANIES’ SYNCRONISATION PRODUCT);\nPERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF\nTHE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION\nSTORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY\nKIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS\nTO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT,\nTORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF Tripadvisor OR ITS CORPORATE AFFILIATES HAS BEEN\nADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\nIf the Tripadvisor Companies are found liable for any loss or damage that arises out of or is in any way connected\nwith your use of the Services, then the Tripadvisor Companies’ liability will in no event exceed, in the aggregate, the\n\ngreater of (a) the transaction fees paid to the Tripadvisor Companies for the transaction(s) on or through the Services\ngiving rise to the claim, or (b) One-Hundred Dollars (US $100.00).\nThe limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will\nsurvive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.\nThe limitations of liability provided in these terms inure to the benefit of the Tripadvisor Companies.\nTHESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY\nLEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER\nPROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR\nEXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY\nDISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.\nINDEMNIFICATION\nYou agree to defend and indemnify the Tripadvisor Companies and any of their officers, directors, employees and\nagents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or\nother costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees,\nbrought by third parties as a result of:\n(i) your breach of this Agreement or the documents referenced herein;\n(ii) your violation of any law or the rights of a third party; or\n(iii) your use of the Services, including the Tripadvisor Companies’ websites.\nLINKS TO THIRD-PARTY SITES\nThe Services may contain hyperlinks to websites operated by parties other than the Tripadvisor Companies. Such\nhyperlinks are provided for your reference only. The Tripadvisor Companies do not control such websites and are not\nresponsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take\nprecautions to ensure that whatever links you select or software you download (whether from this or any other\nwebsite) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The\nTripadvisor Companies’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on\nsuch third party websites or apps or any association with their operators.\nIn some cases, you may be asked by a third-party site or app to link your Tripadvisor account profile to a profile on\nanother third-party site. You are responsible for deciding if you choose to do so, it is purely optional, and the decision\nto allow this information to be linked can be disabled (with the third-party site or app) at any time. If you do choose to\nlink your Tripadvisor account to a third party site or app, the third party site or app will be able to access the\ninformation you have stored on your Tripadvisor account, including information regarding other users with whom you\nshare information. You should read the terms and conditions and privacy policy of the third party sites and apps that\nyou visit as they have rules and permissions about how they use your information that may differ from the Services,\nincluding our websites. We encourage you to review these third party sites and apps and to use them at your own\nrisk.\nSOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENCES\nSoftware from the Services is further subject to United States export controls. No software from the Services may be\ndownloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North\nKorea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S.\nTreasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny\nOrders. By using the Services, you represent and warrant that you are not located in, under the control of, or a\nnational or resident of any such country or on any such list.\nAs noted above, the Services include software, which at times may be referred to as “apps”. Any software that is\nmade available to download from the Services (\"Software\") is the copyrighted work of Tripadvisor or other party as\nidentified. Your use of such Software is governed by the terms of the end user licence agreement, if any, which\naccompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or\nincludes a licence agreement unless you first agree to the terms of such licence agreement. For any Software made\navailable for download by way of the Services and which is not accompanied by a licence agreement, we hereby\ngrant to you, the user, a limited, personal, nontransferable licence to use the Software for viewing and otherwise\nusing the Services in accordance with this Agreement’s terms and conditions (including those policies referenced\nherein) and for no other purpose.\nPlease note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained\nin the Services, is owned or licensed by Tripadvisor, and is protected by copyright laws and international treaty\n\nprovisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil\nand criminal penalties. Violators will be prosecuted to the maximum extent possible.\nPortions of Tripadvisor mobile software may use copyrighted material, the use of which Tripadvisor acknowledges. In\naddition, there are specific terms that apply to use of certain Tripadvisor mobile applications. Please visit the Mobile\nLicences page for notices specific to Tripadvisor mobile applications.\nWITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER\nSERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE\nSOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREEMENT OR\nTHIS AGREEMENT (AS APPLICABLE).\nCOPYRIGHT AND TRADEMARK NOTICES\nTripadvisor, the owl logo, the ratings bubbles and all other product or service names or slogans displayed on the\nServices are registered and/or common law trademarks of TripAdvisor LLC and/or its suppliers or licensors, and may\nnot be copied, imitated or used, in whole or in part, without the prior written permission of Tripadvisor or the\napplicable trademark holder. In addition, the look and feel of the Services, including our websites, as well as all page\nheaders, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade\ndress of Tripadvisor and may not be copied, imitated or used, in whole or in part, without the prior written permission\nof Tripadvisor. All other trademarks, registered trademarks, product names and company names or logos mentioned\non the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement,\nreference to any products, services, processes or other information, by trade name, trademark, manufacturer,\nsupplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by\nTripadvisor.\nAll rights reserved. Tripadvisor is not responsible for content on websites operated by parties other than Tripadvisor.\nNotice and Take-Down Policy for Illegal Content\nTripadvisor operates on a \"notice and takedown\" basis. If you have any complaints or objections to Content, including\nuser messages posted on the Services, or if you believe that material or content posted on the Services infringes a\ncopyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here\nto view the Copyright Policy and procedure. Once this procedure has been followed, Tripadvisor will respond to\nvalid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content\nwithin a reasonable time.\nMODIFICATIONS TO THE SERVICES; TERMINATION\nTripadvisor may change, add or delete these terms and conditions of this Agreement or any portion thereof from time\nto time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due\nto changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by\nthe terms and conditions of this Agreement as amended.\nThe Tripadvisor Companies may change, suspend or discontinue any aspect of the Services at any time, including\navailability of any of the Services’ features, databases or Content. The Tripadvisor Companies may also impose limits\nor otherwise restrict your access to all or parts of the Services without notice or liability for technical or security\nreasons, to prevent against unauthorised access, loss of, or destruction of data or where Tripadvisor and/or its\ncorporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or\nof any law or regulation and where Tripadvisor and/or its corporate affiliates decide to discontinue providing any\naspect of the Services.\nYOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY\nCHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.\nTripadvisor may terminate this Agreement with you at any time, without advanced notice, where it believes in good\nfaith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to\nsafeguard the rights of the Tripadvisor Companies and/or others users of the Services. That means that we may stop\nproviding you with Services.\nJURISDICTION AND GOVERNING LAW\nThis website is owned and controlled by TripAdvisor LLC, a U.S. limited liability company. This Agreement and any\ndispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject\nmatter or formation shall be governed by and construed in accordance with the law of the Commonwealth of\nMassachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts, USA\nand stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and\nnon-contractual, arising out of or relating to the use of the Services by you or any third party. You agree that all claims\n\nyou may have against TripAdvisor LLC arising from or relating to the Services must be heard and resolved in a court\nof competent subject matter jurisdiction located in the Commonwealth of Massachusetts. Use of the Services is\nunauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including,\nwithout limitation, this paragraph. Nothing in this clause shall limit the right of TripAdvisor LLC to take proceedings\nagainst you in any other court, or courts, of competent jurisdiction. The foregoing shall not apply to the extent that\napplicable law in your country of residence requires application of another law and/or jurisdiction – in particular, if you\nare using the Services as a consumer – and this cannot be excluded by contract and will not be governed by the\nUnited Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. If you use the\nServices as a consumer, and not as business or Business Representative, you may be entitled to bring claims against\nTripadvisor in the Courts of your country of residence. This clause shall otherwise apply to the maximum extent\nallowed in your country or residence.\nCURRENCY CONVERTER\nCurrency rates are based on various publicly available sources and should be used as guidelines only. Rates are not\nverified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The\ninformation supplied is believed to be accurate, but the Tripadvisor Companies do not warrant or guarantee such\naccuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to\nverify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than\nyour personal use and you are expressly prohibited from the resale, redistribution and use of this information for\ncommercial purposes.\nGENERAL PROVISIONS\nWe reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any\nreason without liability to you.\nYou agree that no joint venture, agency, partnership or employment relationship exists between you and Tripadvisor\nand/or its corporate affiliates as a result of this Agreement or use of the Services.\nOur performance of this Agreement is subject to existing laws and legal process, and nothing contained in this\nAgreement limits our right to comply with law enforcement or other governmental or legal requests or requirements\nrelating to your use of the Services or information provided to or gathered by us with respect to such use. To the\nextent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to\nyour access or use of the Services within two (2) years from the date on which such claim or action arose or accrued\nor such claim or cause of action will be irrevocably waived.\nIf any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but\nnot limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable\nprovision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the\noriginal provision and the remaining provisions in this Agreement shall continue in effect.\nThis Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between\nyou and Tripadvisor with respect to the Services and it supersedes all prior or contemporaneous communications\nand proposals, whether electronic, oral or written, between you and Tripadvisor with respect to the Services. A\nprinted version of this Agreement and of any notice given in electronic form shall be admissible in judicial or\nadministrative proceedings based upon or relating to this Agreement to the same extent and subject to the same\nconditions as other business documents and records originally generated and maintained in printed form.\nThe following sections shall survive any termination of this Agreement:\nAdditional Products\nProhibited Activities\nReviews, Comments and Use of Other Interactive Areas; Licence Grant\nRestricting Tripadvisor’s Licence Rights\nTravel Destinations\nInternational Travel\nLiability Disclaimer\nIndemnification\nSoftware as Part of Services; Additional Mobile Licences\nCopyright and Trademark Notices\nNotice and Take-Down Policy for Illegal Content\nModifications to the Services; Termination\nJurisdictions and Governing Law\nGeneral Provisions\nService Help\n\nThe terms and conditions of this Agreement are available in the language of the Tripadvisor websites and/or apps on\nwhich Services may be accessed.\nThe websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular\nbasis and consequently are not required to register as editorial product under any relevant law.\nFictitious names of companies, products, people, characters and/or data mentioned in, on or through the Services\nare not intended to represent any real individual, company, product or event.\nNothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that Tripadvisor’s\ncorporate affiliates shall be deemed express third party beneficiaries of this Agreement.\nYou are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our\nconsent.\nAny rights not expressly granted herein are reserved.\nSERVICE HELP\nFor answers to your questions or ways to contact us, visit our Help Centre. Or, you can write to us at:\nTripAdvisor LLC\n400 1st Avenue\nNeedham, MA 02494, USA\nPlease note that TripAdvisor LLC does not accept legal notices or service of legal process by any means other than\nhard copy post delivered to the address immediately above. For the avoidance of doubt and without limitation, we\ntherefore do not accept notices or legal service deposited upon any of our affiliates or subsidiaries.\n©2018 TripAdvisor LLC. All rights reserved. \nLast updated 1 October, 2018.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"trivago","url":"https://www.trivago.ie/en-IE/st/terms-of-service","lang":"ENG","sector":"Travel","hq":"Germany","hq_category":"EU","is_public":"Public","is_paid":"Free","date":""},"document":{"title":"","text":"Terms of Service\ntrivago is a hotel search and offers users information about different types of accommodation (such\nas hotels, holiday homes, etc.), travel areas and services associated with travel.\n1. Scope of Service\n1.1. These terms and conditions are subject to occasional changes and apply to all our services\nthat are directly or indirectly provided (i.e. via third parties) via the internet, on mobile devices, by\nemail or by telephone.\n1.2. By using our website, you confirm that you have read, understood and agree to these terms\nand conditions, as well as the privacy policy, including the use of cookies.\n2. Services and Contract\n2.1. On the trivago website, you have the ability to compare third party services via the trivago\nsystem.\n2.2. In addition, for some hotels, users have the possibility of booking the selected hotel through a\ndirect connection to the hotel booking sites (third parties) (‘trivago Express Booking’ Booking’ and\n‘trivago Book & Go’). As a result, the booking will be made directly on the hotel booking site and\nnot on the trivago sites. In such cases, trivago is not the travel operator or the contractual party for\nthe user, but only an agent providing the technical connection to the hotel booking site of a third\nparty. By making a booking on the website of the third party, users agree to be bound by the terms\nand conditions of that booking site. These terms and conditions can be viewed on the website of\nthe third party. Once a booking is made on the website of a third party, a contract is concluded\nbetween the booking site and the user, and therefore no contract is concluded between the user\nand trivago. trivago is no contractual party to the hotel booking and all and any claims of the user\nunder the hotel reservation are to be asserted against the third party (the booking site) and not\nagainst trivago. For the avoidance of doubt, bookings through trivago Express Booking or trivago\nBook & Go are not relevant bookings for the purpose of linked travel arrangements under the\nDirective (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on\npackage travel and linked travel arrangements.\n2.3. Furthermore, you may also search for travel destination products such as, e.g., tours, events,\nattractions, cruises and others on the trivago website. trivago does not provide, own or control any\nof the destination travel products, but the travel destination products are owned, controlled or made\navailable by third parties, either directly (e.g., a tour operator) or through a facilitator (e.g., an online\ntravel company) via a booking site. Bookings will be made directly with the third parties as set out\non the booking site. By making a booking on the website, you agree to be bound by the terms and\nconditions of that booking site. Once a booking is made on the booking site, a contract is\nconcluded between the booking site/third party and the user, and therefore no contract is\nconcluded between the user and trivago. trivago is no contractual party to the booking of a travel\ndestination product and all and any claims of the user under the reservation of the travel\ndestination product are to be asserted against the third party (the booking site) and not against\ntrivago.\n2.4. This agreement is not affected by any other agreements between the hotel or the travel\nproduct provider and users.\n3. trivago Community and Member Area\n\n3.1. Users have the option of joining the trivago Community (hereafter “Community”) and/ or\ncreating a member account within the trivago Member Area. Users who register for the Community\ncan publish self-generated content, as well as actively participate in the platform’s development via\nthe administrative functions. Unregistered users may read the content on trivago for free.\n3.2. Using the trivago Member Area users have the option to administer and store their searches.\nIn order to create the account users are being asked to provide personal information. Despite from\nthe Users name, no personal information is made visible. For further information please check our\nprivacy policy. By deleting the account any and all of the User’s data will be permanently removed.\n3.3. A user cannot register multiple times. The user is responsible for the accuracy and\ncompleteness of their personal information.\n3.4. The user is responsible for the confidentiality of their user account information, in particular\ntheir password. They are also responsible for the use of their account with regard to trivago and\nthird parties. The user should not divulge this data to the use by third parties.\n3.5. In the event of unauthorised use of the trivago services using the wrong username and\npassword, the registered user must notify trivago immediately.\n4. Privacy, Email Advertisements\n4.1. The protection of personal data provided by the user is of the highest priority for trivago. As\nsuch, trivago makes every effort to ensure compliance with data protection. For more information,\nplease read our privacy policy.\n4.2. trivago collects, processes and uses your personal data (hereafter “data”) only if we have\nobtained your consent or a statutory provision allows for the collection, processing or use of your\ndata.\n4.3. trivago will only raise, process and use data necessary for the provision of the services\nrendered by trivago, for the use and operation of the websites / apps and the services offered. For\nthe use of the ‘trivago Express Booking’ facility, the user expressly agrees to the processing of\nhis/her credit card data by trivago N.V., which may relay these to the hotel booking sites for\ncompleting the hotel reservation.\n4.4. If the user has agreed to receive information about trivago during registration for the\nCommunity or at another time using trivago’s services, the user will receive periodic product\ninformation. The consent may be revoked at any time by written communication or by email. The\nconsent to receive emails follows after the confirmation email from trivago is sent. By clicking on\nthe link in the email, you will be registered to receive newsletters.\n5. User Obligations\n5.1. The user is responsible for the acquisition of rights to the content (text, photos, reviews, links,\netc.) they upload to trivago. They ensure that they have all the rights in respect to the content they\npublish on the trivago platform and thereby do not violate the rights of any third parties.\n5.2. The user guarantees not to use the trivago services to create content that:\nis advertising disguised as reviews,\ndoes not have specific content for a reviewed item,\nis not objective or intentionally untrue,\nimmoral, pornographic or in any other way offensive,\ninfringes upon the rights of third parties, in particular copyright,\n\nviolates applicable laws in any way or constitutes a criminal offense,\ncontains viruses or other computer programmes that may damage software or hardware or that may affect\nthe use of computers,\nis a survey or chain letter,\nis aimed at collecting or using personal data from other users, especially for commercial purposes.\n5.3. The user guarantees not to use programmes or functions to generate automated page\nimpressions or content on trivago.\n5.4. If there is a breach in the terms and conditions, trivago reserves the right to remove content\nwithout declaration of reason, to withhold payments earned in the trivago Community and to\npermanently ban members from trivago. The right to prosecution of criminal acts remains\nunaffected.\n6. Termination\n6.1. trivago reserves the right to terminate a user’s access and to delete their registration within a\nperiod of one week after receipt of relevant information via email about improper use of the\nwebsite. The user may also terminate their own access and registration within the same period.\nThe right to immediate termination for good cause remains unaffected.\n7. Liability\n7.1. trivago is not liable for the accuracy, quality, completeness, reliability or credibility of content\nprovided by users and/or booking sites. In particular, there is no advice or information from trivago\nregarding the selection of accommodations or other travel products.\n7.2. All agreements that arise through this service are between the trivago user and the respective\nexternal contracting booking site. In particular, trivago does not act as organiser or travel agency at\nany time. The terms and conditions of the respective organiser or travel agency apply exclusively,\nespecially regarding the right to cancel and to withdraw. The contact for the processing of bookings\nand payments, as well as questions about the contract, is the respective contracting booking site.\ntrivago remains uninvolved in such contractual arrangements, agreements and claims between the\ntrivago user and the respective external contracting booking site.\n7.3. trivago does not verify the accuracy of content uploaded by booking sites or the members of\nthe Community. This content is provided by booking sites/Community for publication on our website\nwith reference to the respective hotel. trivago has no influence on this information (in particular\nimages, comments, reviews, etc.). The publication of user-generated content and reports on\ntrivago does not reflect the opinion of trivago, in particular, trivago does not claim this content as its\nown.\n7.4. In particular, hyper links, advertising banners, information about accommodations, travel\ndestinations or providers and the like are provided by booking sites and Community members and\ndo not represent recommendations or information from trivago. For technical reasons, no updating\nof the prices we receive from booking sites are done in real time. Therefore it is possible that the\nprice that appears on the booking site does not correspond to the price specified on the trivago\nsites. trivago does not guarantee the accuracy of information, in particular prices and availability.\n7.5. trivago is not liable for technical malfunctions for which the cause is not within trivago’s sphere\nof responsibility or for damages caused by force majeure. trivago does not guarantee uninterrupted\navailability of data and may perform technical maintenance during a freely chosen time period.\n8. Changes to the Terms and Conditions\n\nThe current terms and conditions when using trivago apply. Registered users receive notifications\nabout changes by email. Users may download and print the current terms and conditions on their\nown computer system.\n9. Applicable Law and Place of Jurisdiction\nThe laws of the Federal Republic of Germany apply. For business persons or individuals that do\nnot have general jurisdiction in Germany, Düsseldorf applies as the place of jurisdiction. Otherwise\nthe legal jurisdiction applies.\nThe German translation takes precedence.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Yanosik","url":"https://www.sklep.yanosik.pl/regulamin-uslugi","lang":"PL","sector":"Travel","hq":"Poland","hq_category":"Poland","is_public":"Public","is_paid":"Paid","date":"15.05.2019"},"document":{"title":"","text":"Regulamin świadczenia usługi Yanosik\n§ 1 Postanowienia ogólne\n1. Niniejszy regulamin określa zakres i warunki wykonywania przez Neptis usługi dostępu do systemu Yanosik.\n2. Niniejszy regulamin został wydany na podstawie ustawy o świadczeniu usług drogą elektroniczną.\n3. Neptis świadczy Usługi drogą elektroniczną zgodnie z Regulaminem.\n4. Użytkownik zobowiązany jest do przestrzegania postanowień Regulaminu.\n§ 2 Definicje\nUżyte w niniejszym regulaminie określenia posiadają następujące znaczenie:\nNEPTIS – Neptis SA z siedzibą przy ulicy Perkuna 25 w Poznaniu, wpisana do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego, prowadzonego przez\nSąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego, pod numerem KRS: 0000447152, NIP:\n9721187720, Regon 300942514, o kapitale zakładowym w wysokości 100.000,00 złotych.\nUżytkownik - osoba fizyczna, osoba prawna lub inna jednostka organizacyjna niebędąca osobą prawną, której ustawa przyznaje zdolność prawną,\nprowadząca we własnym imieniu działalność gospodarczą lub zawodową, która zakupiła Terminal Yanosik.\nTerminal – urządzenie Yanosik z odbiornikiem GPS oraz preinstalowaną kartą SIM podłączone przez Użytkownika do źródła zasilania (zapalniczki\nsamochodowej) znajdującego się na wyposażeniu pojazdu.\nUsługa – pakiet transmisji danych umożliwiający dostęp do systemu Yanosik na terenie Polski\nSystem Yanosik – teleinformatyczny system wymiany informacji drogowej pomiędzy Użytkownikami oparty na technologiach GPS i GPRS.\nAktywacja usługi – przesłanie przez Użytkownika do Neptis wiadomości tekstowej SMS zawierającą numer urządzenia oraz adres e-mail Użytkownika wg\nschematu i na numer wskazany na opakowaniu Terminala.\nOkres ważności – przedział czasowy na jaki została wykupiona usługa.\nNumer Terminala – unikalny numer Terminala zamieszczony w formie naklejki z kodem kreskowym na urządzeniu oraz opakowaniu.\nNewsletter usługa dostarczania przez\nNEPTIS na wyraźną zgodę Użytkownika bezpłatnych , cyklicznych informacji na temat oferty NEPTIS, na adres poczty elektronicznej podany przez\nUżytkownika.\nRegulamin - niniejszy regulamin.\n§3 Poufność danych\n1. Neptis zgodnie z obowiązującymi przepisami prawa zachowuje należytą staranność, w zakresie przestrzegania tajemnicy dotyczącej w szczególności\npoufności informacji przekazywanych podczas korzystania z usług oraz danych dotyczących Użytkowników, a także informacji o świadczonych na rzecz\nUżytkowników usługach, jeżeli nie są jawne z zasady lub ich ujawnienie nie jest niezbędne dla prawidłowego świadczenia usług, których dotyczą.\n2. Informacje objęte tajemnicą mogą być przetwarzane przez Neptis jeżeli stanowi to przedmiot usługi świadczonej Użytkownikom, jest niezbędne dla jej\nprawidłowego wykonania lub nadzoru nad prawidłowym działaniem systemu teleinformatycznego Neptis.\n3. Neptis zachowuje należytą staranność, w zakresie uzasadnionym względami technicznymi lub ekonomicznymi, przy zabezpieczaniu urządzeń\nteleinformatycznych, sieci teleinformatycznych oraz zbiorów danych przed ujawnieniem danych poufnych w rozumieniu niniejszego paragrafu.\n4. W ramach świadczonych usług Neptis jest uprawniony do pobierania, gromadzenia i dysponowania, w tym udostępniania, danych zebranych z urządzeń w\noparciu o system teleinformatyczny Neptis, zgodnie z dodatkowymi funkcjami urządzeń GPS nie stanowiącymi treści usługi z zastrzeżeniem iż w ramach\npowyższych czynności nie będzie następowała identyfikacja podmiotu generującego dane.\n5. Neptis zastrzega sobie prawo do wykorzystywania danych opisanych w pkt 4. powyżej przy zachowaniu identyfikacji podmiotu generującego dane na\npotrzeby kontaktów pomiędzy Neptis a Użytkownikiem oraz w celu realizacji przez Neptis zleceń i świadczenia usług.\n§4 Usługa Yanosik\n1. Poprzez Usługę Yanosik w myśl niniejszego Regulaminu rozumie się umożliwienie Użytkownikom wymiany informacji drogowych w czasie rzeczywistym z\ninnymi Użytkownikami systemu Yanosik za pomocą Terminala.\n2. Neptis może modyfikować zakres oferowanych usług bez konieczności zmiany Regulaminu, przy czym zakres ten nie może być węższy niż powyżej.\n§5 Warunki techniczne i ewentualne zagrożenia\n1. Do prawidłowego funkcjonowania Usługi Yanosik i współpracy z systemem teleinformatycznym Neptis wymagane są:\na. posiadanie sprawnego Terminala Yanosik\nb. pojazd wyposażony w sprawne gniazdo zapalniczki samochodowej o napięciu 12 V.\n\n2. Neptis zastrzega, że korzystanie z usług może wiązać się ze szczególnymi zagrożeniami, które określone zostały w Załączniku numer 1. do Regulaminu,\nktóry zawiera jednocześnie informacje o funkcji i celu oprogramowania dodatkowego lub danych nie stanowiących treści Usługi.\n§6 Aktywacja i dostęp do Usługi\nPierwsze 10 km przejechanych z Terminalem nie wymaga jego aktywacji.\nPo przekroczeniu dystansu 10 km należy aktywować usługę poprzez wysłanie wiadomości SMS wg wytycznych na opakowaniu. W przeciwnym wypadku\nurządzenie utraci funkcjonalność co będzie potwierdzone stosownym komunikatem na Terminalu.\nAktywacja usługi poprzez SMS umożliwia korzystanie z pełnej funkcjonalności Terminala oraz uruchamia pakiet transmisji danych.\nOpłata za usługę musi zostać uregulowana w ciągu 30 dni liczonych od daty aktywacji Usługi poprzez SMS. W przeciwnym wypadku Terminal utraci\nfunkcjonalność.\nAktywacja urzadzenia, jak i przedłużenie transmisji musi odbywać się na terenie Polski.\nDatą uruchomienia pakietu transmisji danych jest data aktywacji usługi za pomocą SMS.\nZakup usługi w okresie późniejszym niż termin wskazany w pkt. 4 nie powoduje zmiany daty aktywacji SMS.\nUżytkownik uzyskuje dostęp do Usługi po :\naktywacji urządzenia za pomocą wiadomości tekstowej SMS, która jest jednoznaczna z akceptacją niniejszego Regulaminu,\npodłączeniu Terminala do źródła zasilania.\nNeptis uruchamia usługę niezwłocznie za wyjątkiem aktywacji SMS zawierającej niepoprawny format danych – inny niż wskazany na opakowaniu.\nWłaścicielem kart SIM wbudowanych w urządzeniach jest Neptis S.A\n§7 Prace konserwacyjne\n1. Neptis zastrzega sobie prawo do prowadzenia prac konserwacyjnych systemu teleinformatycznego mogących powodować czasowe utrudnienia lub\nuniemożliwienie korzystania z usług przez Użytkowników.\n2. Terminy wskazanych powyżej prac konserwacyjnych oraz przewidywany czas ich trwania będą publikowane na stronie www.Yanosik.pl przed rozpoczęciem\nprac.\n3. W szczególnych przypadkach mających wpływ na bezpieczeństwo lub stabilność systemu teleinformatycznego Neptis zastrzega sobie prawo do czasowego\nzaprzestania lub ograniczenia świadczenia usług, bez wcześniejszego powiadomienia, celem przywrócenia bezpieczeństwa i stabilności systemu\nteleinformatycznego.\n§ 8 Zawarcie Umowy\nZłożenie zamówienia oraz dokonanie płatności oznacza przyjęcie oferty zawarcia umowy złożonej przez Neptis. Przyjęcie oferty jest równoznaczne z\nzaakceptowaniem Regulaminu.\n§ 9 Czas trwania Umowy\nUmowa o świadczenie usługi Yanosik zawierana jest na czas określony zgodny z okresem na jaki dokonana została płatność i liczony jest od dnia rozpoczęcia\nświadczenia usługi przez Neptis.\n§ 10 Rozwiązanie Umowy\n1. Neptis ma prawo rozwiązać Umowę i zaprzestać świadczenia Usługi bez obowiązku zwrotu całości lub części opłaty w następujących przypadkach:\na. stwierdzenia naruszenia przez Użytkownika postanowień Regulaminu, Umowy, bądź przepisów prawa,\nb. wykorzystywania przez Użytkownika Usługi niezgodnie z jej przeznaczeniem,\nc. Użytkownik wykorzystuje usługę niezgodnie z przepisami prawa.\n2. Użytkownik ma prawo do rozwiązania Umowy bez zachowania terminu wypowiedzenia w przypadku rażącego nieprzestrzegania przez Neptis warunków\nUmowy.\n3. Z dniem rozwiązania Umowy Neptis zaprzestaje świadczenia na rzecz Użytkownika Usług objętych rozwiązaną Umową.\n4. W przypadku rozwiązania Umowy z winy Użytkownika nie podlegają zwrotowi poniesione opłaty.\n5. Aktywacja abonamento to natychmiastowe wykonanie umowy o świadczenie usług i przyjmuję do wiadomości, że utracę przysługujące mi prawo do\nodstąpienia od umowy z chwilą pełnego wykonania umowy o świadczenie usług.\n§ 11 Wygaśnięcie Umowy\n1. Umowa wygasa wskutek upływu czasu na jaki została zawarta, chyba że Użytkownik dokona płatności na kolejny okres.\n2. O terminie zakończenia ważności pakietu Neptis poinformuje Użytkownika z 7-dniowym wyprzedzeniem.\n§ 12 Opłaty, zasady ich naliczania, rachunki.\n\n1. Opłata za Usługę pobierana jest z góry na okres adekwatny do aktualnej oferty dostępnej na www.yanosik.pl\n2. Zmiany dotyczące opłat za usługi będą obowiązywać aktualnych Użytkowników po upływie ich okresu ważności. Pozostałe zmiany obowiązują od dnia\nwejścia ich w życie.\n3. Zmiany cen usług nie stanowią zmiany warunków Umowy i nie wymagają jej wypowiedzenia, ani zmiany.\n4. Zakup produktu możliwy będzie m.in. przy pomocy karty płatniczej Visa, Visa Electron MasterCard, MasterCard Eletronic oraz Maestro.\n5. W przypadku dokonania zwrotu towaru dla zamówienia opłaconego kartą płatniczą, Klient otrzyma środki na rachunek karty płatniczej użytej do opłacenia\nzamówienia.\n§ 13 Odpowiedzialność Neptis\n1. Neptis nie ponosi odpowiedzialności:\na. w przypadku nie zapewnienia przez Użytkownika pojazdu wyposażonego w poprawnie funkcjonujące źródło zasilania\nb. wobec Użytkownika za szkody powstałe w związku z niewykonaniem bądź nienależytym wykonaniem niniejszej Umowy, wyłącznie na zasadzie winy\numyślnej,\nc. za brak dostępu do Usług wynikający z przyczyn od niego niezależnych,\nd. za szkody wynikłe z niewykonania lub nienależytego wykonania Usługi będących następstwem w szczególności:\ni. siły wyższej rozumianej jako zdarzenie nadzwyczajne, zewnętrzne, któremu nie można było zapobiec,\nii. nieprawidłowego lub niepełnego funkcjonowania systemów zewnętrznych z którymi współpracuje system a mianowicie miedzy innymi GPS, GPRS\n(transmisja danych z wykorzystaniem sieci telefonii komórkowych),\niii. utratę przez Użytkownika danych spowodowanych działaniem czynników zewnętrznych (np. awaria sprzętu, oprogramowania, itd.) lub też innymi\nokolicznościami niezależnymi od Usługodawcy (działanie osób trzecich),\niv. prowadzonych stosownie do postanowień niniejszego Regulaminu prac konserwacyjnych,\nv. korzystania przez Użytkowników z usług w sposób sprzeczny z Regulaminem lub przepisami prawa,\nvi. braku ciągłości dostarczania Usług, będące następstwem okoliczności, za które Neptis nie ponosi odpowiedzialności,\nvii. innych okoliczności, za które w myśl przepisów kodeksu cywilnego zobowiązany do świadczenia nie ponosi odpowiedzialności.\ne. wobec osób trzecich, którym Użytkownik udostępnił korzystanie z usługi Yanosik,\nf. za szkody powstałe w związku z udostępnieniem bądź korzystaniem z usług przez osoby trzecie, w szczególności z tytułu wykorzystania danych przez\nosoby nieuprawnione lub w celu niezgodnym z przeznaczeniem systemu.\n2. Odpowiedzialność Neptis dotyczy jedynie szkody rzeczywistej, a nie obejmuje utraconych przez Użytkownika korzyści i ograniczona jest do wysokości\nponiesionej wpłaty.\n3. W przypadku niewywiązania się bądź nienależytego wywiązania się z postanowień Umowy, z wyłączeniem sytuacji, za które Neptis nie ponosi\nodpowiedzialności, na pisemny wniosek Użytkownika Neptis może przyznać odszkodowanie.\n§ 14 Odstąpienie od Umowy\n1. Użytkownik będący konsumentem w rozumieniu art. 221 ustawy kodeks cywilny przy zakupie przez Internet, może bez podania jakiejkolwiek przyczyny\nodstąpić od Umowy w terminie 14 dni od daty otrzymania Usługi.\n2. W przypadku odstąpienia przez Użytkownika od Umowy, musi on poinformować o tym Neptis poprzez złożenie jednoznacznego oświadczenia o odstąpieniu.\n3. Użytkownik może złożyć oświadczenie o odstąpieniu od Umowy w formie wypełnionego formularza odstąpienia od Umowy (Załącznik nr 2) lub\njakiegokolwiek innego oświadczenia, według swojego wyboru.\n4. Do zachowania terminu do odstąpienia od umowy wystarczy wysłanie oświadczenia o odstąpieniu od umowy przed upływem terminów określonych w\nRegulaminie.\n5. Jeżeli Użytkownik odstąpi od umowy, Neptis zwróci mu wszystkie otrzymane od niego płatności.\n6. Użytkownik otrzyma od Neptis zwrot płatności niezwłocznie, a w każdym przypadku nie później niż w terminie 14 dni roboczych od dnia, w którym Neptis\notrzymał oświadczenie Użytkownika o odstąpieniu od umowy, przy użyciu takich samych sposobów płatności, jakie zostały przez Użytkownika użyte w\npierwotnej transakcji. W przypadku, gdy z przyczyn niezależnych od Neptis ustalenie numeru rachunku bankowego, na który ma zostać dokonany zwrot\npłatności, nie jest możliwe, Neptis niezwłocznie skontaktuje się z Użytkownikiem za pomocą poczty elektronicznej lub telefonicznie w celu ustalenia numeru\nrachunku bankowego do zwrotu płatności. W takim wypadku bieg 14-dniowego terminu rozpoczyna się w dniu, w którym Użytkownik dokonał wskazania\ntakiego numeru rachunku bankowego.\n§ 15 Reklamacje\n1. Użytkownik jest uprawniony do składania reklamacji w sprawach dotyczących usług.\n2. Reklamacje dotyczące usług świadczonych na podstawie niniejszego Regulaminu należy zgłaszać w formie pisemnej listem skierowanym do Działu\nReklamacji na następujący adres Neptis S.A., Dział Reklamacji ul. Perkuna 25, 61-615 Poznań lub na adres mailowy [email protected].\n3. Za dzień wniesienia reklamacji przyjmuje się dzień wpływu do Neptis listu zawierającego zgłoszenie reklamacyjne.\n4. Prawidłowo złożona reklamacja powinna zawierać co najmniej następujące dane:\n\na. oznaczenie Użytkownika,\nb. numer seryjny Terminala\nc. określenie przedmiotu reklamacji,\nd. przytoczenie okoliczności uzasadniających reklamacje,\ne. oczekiwany przez Użytkownika sposób rekompensaty.\n5. Reklamacje nie zawierające powyższych danych nie będą rozpatrywane.\n6. Zgłoszona reklamacja zostanie rozpatrzona w terminie 14 dni od daty jej wniesienia.\n7. O rozpatrzeniu reklamacji Dział Reklamacji poinformuje Użytkownika w piśmie zawierającym stanowisko Neptis w sprawie uznania bądź nieuznania\nreklamacji, uzasadnienie faktyczne oraz prawne, a także pouczenie o trybie odwoławczym. Jeżeli Neptis nie ustosunkuje się do reklamacji złożonej przez\nUżytkownika będącego konsumentem w terminie 14 dni od dnia jej otrzymania, uznaje się, że Neptis uznał reklamację za uzasadnioną.\n8. Jeżeli Neptis uzna reklamację za uzasadnioną, Użytkownik może wybrać pomiędzy przedłużeniem terminu ważności usługi o czas w jakim z winy Neptis nie\nbyła świadczona lub zażądać zwrotu za każdy dzień, zgodnie z zasadą pro rata temporis.\n9. W przypadku zwrotu niewykorzystanej części transmisji danych kwota podlegająca zwrotowi zostanie zwrócona na wskazany przez Użytkownika\nrachunek bankowy po uprzednim podpisaniu i dostarczeniu wymaganych prawem dokumentów finansowo-księgowych.\n10. Jeśli jednak Neptis nie dokona czynności wymienionych w pkt. 8 powyżej, a wada Usługi będzie istotna, Użytkownik może odstąpić od Umowy. Prawo\nodstąpienia od Umowy przysługuje Użytkownikowi bez względu na to, czy wada jest istotna, jeśli Usługa była już wymieniana na wolną od wad lub naprawiana,\nalbo jeżeli Neptis nie uczynił zadość obowiązkowi wymiany lub usunięcia wady.\n11. Jeżeli reklamacja okaże się zasadna, jej koszty pokrywa Neptis.\n12. W wypadku negatywnego rozpatrzenia reklamacji, Użytkownik ma prawo wnieść pisemne odwołanie do Działu Reklamacji w terminie 14 dni od daty\ndoręczenia pisma informującego o negatywnym rozpatrzeniu reklamacji. Wniesienie odwołania nie wpływa na obowiązek zapłacenia kwestionowanej kwoty.\n§ 16 Zmiana Regulaminu\n1. Neptis ma prawo do jednostronnej zmiany Regulaminu. Zmiany Regulaminu wchodzą w życie po upływie 7 dni od daty umieszczenia zmienionego\nRegulaminu w witrynie WWW o następującym adresie www.Yanosik.pl.\n2. Neptis poinformuje Użytkowników o wszelkich zmianach Regulaminu umieszczając odpowiednie informacje na stronie www.yanosik.pl\n3. Zmiany Regulaminu nie uprawniają Użytkowników do wypowiedzenia Umowy.\n§ 17 Poufność i dane osobowe\n1. Administratorem Danych Osobowych jest Neptis S.A., ul. Perkuna 25, 61-615 Poznań, który przetwarza dane osobowe zgodnie z przepisami prawa, w tym w\nszczególności z przepisami Rozporządzenia Parlamentu Europejskiego i Rady 2016/679 z dnia 27 kwietnia 2016 r., ustawy z dnia 10 maja 2018 r. o ochronie\ndanych osobowych (Dz.U. z 2018 r. poz. 1000 ze zm.) oraz ustawy z dnia 18 lipca 2002 roku o świadczeniu usług drogą elektroniczną (Dz.U. z 2019 r. poz. 123\nze zm.).\n2.W momencie akceptacji niniejszego Regulaminu, Użytkownik wyraża zgodę na przetwarzanie jego danych osobowych przez Neptis S.A. do celów realizacji\numowy o świadczenie usług Yanosik, zgodnie z warunkami niniejszego Regulaminu.\n3. W przypadku wyrażenia przez Klienta dodatkowej zgody dane osobowe będą przetwarzane przez Neptis S.A. w celu informowania Klienta o nowych\ntowarach, promocjach i usługach.\n4. Każdy ma prawo wglądu do swoich danych osobowych, poprawiania ich oraz żądania usunięcia,\n5. Podanie danych osobowych jest dobrowolne, jednak brak zgody na ich przetwarzanie uniemożliwia zrealizowanie umowy o świadczenie usługi Yanosik.\nKlient ponosi odpowiedzialność za podanie nieprawdziwych danych osobowych.\n6. W kwestii ochrony danych osobowych Użytkownik może skontaktować się z Administratorem za pośrednictwem wyznaczonego przez niego Inspektora\nOchrony Danych Osobowych poprzez wiadomość e-mail wysłaną pod adres [email protected].\n§ 18 Newsletter\n1. Administratorem danych jest NEPTIS S.A. z siedzibą przy ul. Perkuna 25, 61-615 Poznań.\n2. Dane osobowe zbierane są w celu świadczenia usługi „Newsletter”, w związku z którą Neptis S.A. pozyskuje od osób zainteresowanych adresy poczty\nelektronicznej.\n3.Każdy posiada prawo dostępu do treści swoich danych oraz możliwości ich poprawiania\n4. Podanie danych osobowych jest dobrowolne, jednak niezbędne do realizacji usługi „Newsletter”.\n§19 Prawo właściwe, rozwiązywanie sporów, nagłówki\n1. Wskazane w niniejszym Regulaminie nagłówki mają wyłącznie charakter pomocniczy i pozostają bez wpływu na wykładnię jego postanowień.\n2. Regulamin oraz Umowy o świadczenie usługi podlegają prawu polskiemu.\n3. W sprawach nieuregulowanych w Regulaminie zastosowanie mają przepisy Kodeksu cywilnego oraz innych bezwzględnie obowiązujących przepisów prawa.\n\n4. Właściwym do rozstrzygania sporów powstałych na gruncie Regulaminu bądź umów o świadczenie usługi jest sąd powszechny właściwy miejscowo dla\nsiedziby Neptis.\n \n.................................................................\n \nZałącznik nr 1\n\ndo Regulamin świadczenia usługi Yanosik z dnia 15.05.2019 r.\nZagrożenia związane z korzystaniem z usług\n§ 1 Zagrożenia związane z korzystanie z usług drogą elektroniczną\n1. Korzystanie z usług świadczonych drogą elektroniczną niesie za sobą możliwość „zainfekowania” systemu teleinformatycznego przez różnego rodzaju\noprogramowanie tworzone głównie w celu wyrządzania szkód. Takim oprogramowaniem są m.in.:\na. konie trojańskie czyli specjalne programy ukryte wewnątrz innych programów, mające na celu umożliwienie uzyskanie dostępu i przejęcie kontroli\nnad komputerem użytkownika. Koń trojański może udawać wygaszacz ekranu, grę lub każde inne pozornie pożyteczne, nieszkodliwe\noprogramowanie. Nieświadomy użytkownik samodzielnie uruchamia program, najczęściej otrzymany pocztą elektroniczną od nieprzyjaznego mu\nnadawcy. Najlepszą ochroną przed koniami trojańskimi jest ostrożne traktowanie oprogramowania otrzymanego z niepewnych źródeł - nieznanych\nnadawców lub stron WWW. Istnieje oprogramowanie chroniące przed koniami trojańskimi rozpowszechnianymi przy pomocy poczty elektronicznej,\ninformujące o zagrożeniach w konkretnych wiadomościach, rozbrajając potencjalnie niebezpieczne załączniki i wskazując sposoby bezpiecznego\nich otwierania.\nb. wirusy czyli programy, których głównym celem jest powielanie się i rozpowszechnianie. Obecnie do tego celu najczęściej używana jest poczta\nelektroniczna i sieci P2P. W przypadku zainfekowania wirus bez wiedzy użytkownika rozsyła się do osób, których adresy znalazł w książce\nadresowej lub w historii korespondencji. Aby jak najdłużej pozostać ukryty wirus podaje fałszywego nadawcę wiadomości, najczęściej także adres\nznaleziony w programie pocztowym ofiary. Odbiorcy w pierwszej chwili trudno zidentyfikować zarażony komputer. Nie mając pewności co do\npersonaliów prawdziwego nadawcy nie należy odpowiadać na takie wiadomości, gdyż dodatkowo potęguje to obciążenie sieci generowane przez\ndziałalność wirusów. Oprócz rozmnażania się wirusy najczęściej wykazują także typowo destrukcyjne zachowania, na przykład kasują pliki lub\nuszkadzają system na zarażonym komputerze. Wirusy mogą także zarażać inne programy znalezione w systemie doklejając do nich swój kod.\nNajskuteczniejszą metodą zabezpieczenia się przed wirusami jest używanie bezpiecznego programu skonfigurowanego w sposób uniemożliwiający\ndziałanie wirusów.\n1. By uniknąć w/w zagrożeń, w tym pojawiających się w momencie otwierania e-mail’i, ważne jest, by Użytkownik zaopatrzył swój komputer, który\nwykorzystuje podłączając się do Internetu, w program antywirusowy i stale go aktualizował, instalując jego najnowsze wersje, niezwłocznie po pojawieniu\nsię ich na rynku. Usługodawca informuje również, że szczególne zagrożenia związane z korzystaniem z usługi świadczonej drogą elektroniczną, w tym i\nopisywanej w Regulaminie, wiążą się z działalnością tzw. hackerów, zmierzających do włamania się zarówno do systemu Usługodawcy (np. ataki na jego\nwitryny), jak i Użytkownika. Użytkownik przyjmuje zatem do wiadomości, że mimo stosowania przez Usługodawcę rozmaitych, nowoczesnych technologii\n„obronnych” nie istnieje perfekcyjne zabezpieczenie chroniące przed opisanymi wyżej niepożądanymi działaniami. \n \n.................................................................\n \nZałącznik nr 2.\n\ndo Regulamin świadczenia usługi Yanosik z dnia 15.05.2019 r.\nFORMULARZ ODSTĄPIENIA OD UMOWY\nADRESAT:\nNEPTIS SPÓŁKA AKCYJNA\nUL. PERKUNA 25\n61-615 POZNAŃ\n \nUŻYTKOWNIK:\nImię i nazwisko/nazwa Użytkownika:\nAdres:\ne-mail:\ntel. Kontaktowy:\nOŚWIADCZENIE O ODSTĄPIENIU\nInformuję niniejszym o moim odstąpieniu od umowy usługi Yanosik:\nNumer urządzenia:\n\nCena brutto:\nData zawarcia umowy:\nZaznacz sposób zwrotu płatności:\n zwrot płatności przy użyciu takich samych sposobów płatności, jakie zostały użyte w pierwotnej transakcji, albo\n zwrot płatności na rachunek bankowy prowadzony przez bank:\n…………………………………………………………………………………………………………………\no numerze:\n…………………………………………………………………………………………………………………\nPOUCZENIE\no prawie odstąpienia od umowy usługi Yanosik\nMają Państwo prawo odstąpić od umowy w terminie 14 dni bez podania jakiejkolwiek przyczyny.\nTermin odstąpienia od umowy wygasa po upływie 14 dni od dnia zawarcia umowy.\nAby skorzystać z prawa odstąpienia od umowy, muszą Państwo poinformować nas (Neptis S.A. z siedzibą w Poznaniu (61-615) przy ul. Perkuna 25) o\nswojej decyzji o odstąpieniu od umowy w drodze jednoznacznego oświadczenia. Mogą Państwo skorzystać z niniejszego wzoru formularza odstąpienia.\nAby zachować termin do odstąpienia od umowy wystarczy, aby wysłali Państwo informację dotyczącą wykonania przysługującego Państwu prawa\nodstąpienia od umowy przed upływem terminu odstąpienia od umowy.\nNie mogą jednak odstąpić Państwo od umowy, której przedmiotem jest świadczenie usługi drogą elektroniczną, jeżeli spełnione są następujące warunku\nwskazane w Regulaminie:\nwyrazili Państwo zgodę na dostarczanie Państwu usługi przed upływem terminu 14 dni od dnia zawarcia umowy, oraz\nzostali Państwo poinformowani przez Neptis S.A. o utracie przysługującego Państwu prawa do odstąpienia od umowy wskutek wyrażenia zgodny\ndostarczanie usługi, przed udzieleniem takiej zgody.\nW przypadku odstąpienia od umowy, zwracamy Państwu wszystkie otrzymane od Państwa płatności niezwłocznie, a w każdym przypadku nie później niż\n14 dni od dnia, w którym zostaliśmy poinformowani o Państwa decyzji o wykonaniu prawa odstąpienia od umowy lub wskazania przez Państwa numeru\nrachunku bankowego, w przypadkach wskazanych w Regulaminie. Zwrotu płatności dokonamy przy użyciu takich samych sposobów płatności, jakie\nzostały przez Państwa użyte w pierwotnej transakcji, chyba że wyraźnie wybraliście Państwo inne rozwiązanie (zwrot płatności na wskazany rachunek\nbankowy), w każdym przypadku nie poniosą Państwo żadnych opłat w związku z tym zwrotem.\nZapoznałem(/-am) się z Regulaminem świadczenia usługi Yanosik i zawartymi w nim zasadami dokonywania odstąpienia.\nImię, Nazwisko i podpis Użytkownika:____________________ Data:______________________\n \n \n.................................................................\n \nZałącznik nr 3.\ndo Regulamin świadczenia usługi Yanosik z dnia 15.05.2019 r.\nFORMULARZ REKLAMACJI\nNiniejszym składam reklamację w odniesieniu do usługi Yanosik:\nADRESAT:\nNEPTIS SPÓŁKA AKCYJNA\nUL. PERKUNA 25\n61-615 POZNAŃ\nUŻYTKOWNIK:\nImię i nazwisko Użytkownika:\nAdres:\ne-mail:\ntel. Kontaktowy:\nUSŁUGA:\nNumer urządzenia:\n\nCena brutto:\nNumer seryjny Terminala:\nData zawarcia umowy:\nData rozpoczęcia świadczenia usługi:\nData stwierdzenia wady:\nPRZYCZYNA REKLAMACJI:\n usługa niekompletna:\n usługa złej jakości:\n wada ukryta:\n wada jawna:\n Inna (jaka?): ……………………………………………………………………………\nOpis przyczyny reklamacji:\n………………………………………………………………………………………………………………………………………………………………………………………………\nŻądanie w przypadku reklamacji:\n Wymiana\n Naprawa\n Obniżenie rachunku o usługę (jakie?): …………………………………………………………\n Inne (jakie?): …………………………………………………………………………………………………\nPOUCZENIE: Szczegółowe zasady dokonywania i rozpatrywania reklamacji zawarte są w Regulaminie usługi Yanosik, dostępnego pod adresem\nhttp://yanosik.pl\nZapoznałem(/-am) się z Regulaminem świadczenia usługi Yanosik oraz z zawartymi w nim zasadami dokonywania i rozpatrywania reklamacji.\nImię, Nazwisko i podpis Użytkownika:____________________ Data:______________________\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Adobe","url":"https://www.adobe.com/ie/legal/terms.html","lang":"ENG","sector":"Various","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"16.04.2020"},"document":{"title":"","text":"Adobe General Terms of Use\nPublished 16 March2020. Effective as of 16 April2020. These Terms replace and supersede all\nprior versions.\nTHE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION\n14 (DISPUTE RESOLUTION) BELOW GOVERN THE RESOLUTION OF DISPUTES. PLEASE\nREAD THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE MANDATORY\nARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE TERMS, PLEASE DO\nNOT USE THE SERVICES OR SOFTWARE.\nThese General Terms of Use (“General Terms”), along with any applicable Additional Terms\n(see section 1.2 (Additional Terms) below) (collectively, the “Terms”) govern your use of and\naccess to our website, customer support, discussion forums or other interactive areas or\nservices and services such as Creative Cloud (collectively, the “Services”) and software that\nwe include as part of the Services, as well as any applications, including mobile applications,\nSample Files and Content Files (defined below), scripts, instruction sets and related\ndocumentation (collectively, the “Software”). If you have agreed to the Subscription and\nCancellation Terms, then such terms are also considered part of the Terms. If you are using\nand accessing the Services and Software through Adobe’s Value Incentive Plan (“VIP”)\nprogramme, then the Subscription and Cancellation Terms do not apply to you, but the\nremainder of these Terms will govern your use of and access to the Services and Software. If\nyou have entered into another agreement with us concerning specific Services or Software,\nthen the terms of that agreement control where it conflicts with the Terms. \nYou must be 13 or older to register for an individual Adobe ID. Schools that participate\nin the primary and secondary education named user offering may issue a child under\n13 an enterprise-level Adobe ID, consistent with the K-12 (Primary and Secondary) and\nHigher Education Additional Terms for Student Data.\n1. Your Agreement with Adobe.\n1.1 Choice of Law and Contracting Entity. If you reside in North America (inclusive of\nUnited States, Canada, Mexico, United States territories and possessions and United\nStates military bases wherever located), your relationship is with Adobe Inc., a United\nStates company and the Terms are governed by the law of California, U.S.A., unless\npreempted by U.S. federal law, without regard to conflict of law rules. If you reside\noutside of North America, your relationship is with Adobe Systems Software Ireland\nLimited and the Terms are governed by the law of Ireland. For customers in Australia,\nAdobe Systems Software Ireland Limited is acting as an authorised agent of Adobe Systems\nPty Ltd. and is entering into this contract in its capacity as agent for Adobe Systems Pty Ltd.\n\nYou may have additional rights under your local law. We do not seek to limit those rights\nwhere it is prohibited to do so by law.\n1.2 Additional Terms. Our Services and Software are licensed, not sold, to you and may also\nbe subject to one or more of the additional terms below (“Additional Terms”). If there is any\nconflict between the terms in the General Terms and the Additional Terms, then the Additional\nTerms govern in relation to that Service or Software. The Additional Terms are subject to\nchange as described in section 1.6 (Updates to Terms) below.\nAdobe Developer\nAdobe Substance\n3D Assets\nDemo Assets\nMedium\nAdobe Fonts\nAdobe Substance\n3D Community\nAssets\nDocument Cloud\nMixamo\nAdobe Sign\nBehance\nFuse\nSoftware\nAdobe Spark\nBusiness Catalyst InDesign Server\nAdobe Stock\nBusiness\nCustomers\nK-12 and Higher\nEducation\nAdobe Stock\nContributor\nCreative Cloud\nExpress\nLightroom\n1.3 Business Users. If you received an “Entitlement” (which is defined as the right to use,\naccess and consume the Software and Services) from an organisation or group, including but\nnot limited to a business or any other commercial entity, government entity, non-profit\norganization or educational institution (each, a “Business”) under one of Adobe’s business\nplans (such as Creative Cloud for Teams, Creative Cloud for Enterprise or Document Cloud),\nthen (A) you are a “Business User” of such Business; (B) your Adobe profile associated with\nsuch Entitlement is a “Business Profile”; and (C) all references to “you” in these Terms will\nmean such Business. If you are a Business User, you agree that, due to your receipt of\nEntitlements from such Business, (1) Adobe may provide such Business with the ability to\naccess, use, remove, retain and control your Business Profile and all Content therein whether\nuploaded or imported before or after the date these Terms were last updated; (2) your use of\nthe Services and Software is governed by such Business’s agreement with Adobe; and (3)\nAdobe may provide your personal information to such Business. If you are a Business User\nwith Entitlements from multiple Businesses, you may have separate Business Profiles\nassociated with each Business. As a Business User, you may have different agreements with\nor obligations to a Business, which may affect your Business Profile or your Content. Adobe is\nnot responsible for any violation by you of such agreements or obligations. If you did not\nreceive Entitlements from a Business (e.g., you purchased a Creative Cloud for individuals\nplan and received Entitlements through this plan), then (a) you are a “Personal User”; (b)\nyour Adobe profile is a personal profile; (c) you maintain sole access and control over all\nContent in your personal account or personal profile (except as otherwise indicated in the\nPrivacy Policy); and (d) all references to “you” in these General Terms will mean you as an\nindividual. If you received Entitlements through a personal plan and from a Business, then you\n\nare both a Personal User and a Business User. You are a Personal User when you utilise the\nEntitlements you obtained through your personal plan and you are a Business User when you\nutilise your Entitlements provided by a Business.\n1.4 Business Email Domains. As a Personal User or a Business User, you may create an\nAdobe account using an email address provided or assigned to you by a Business (such as\nyour work email address). If the Business establishes a direct relationship with us, they may\nwant to add your account to such relationship. If this happens, the Business may, with prior\nnotice, roll your account into the Business’s account. This means the Business may (A)\naccess the account; (B) take control over the account and any Content therein whether\nstored, uploaded or imported before or after the date these Terms were last updated; and (C)\nrecommend any non-Business Content associated with such account to be moved to a new\naccount that utilises an email address not associated with such Business. You, as an\nindividual or a Business User, also acknowledge that Adobe may provide your personal\ninformation to such Business, such as your name or email address. If you do not want a\nBusiness to access, use, remove, retain or control an account or profile, then do not use a\nBusiness email address with that account. Information regarding how you may change the\nemail address associated with your account may be found here. \n1.5 Ownership. You (as a Business or an individual, as applicable) retain all rights and\nownership of your Content. We do not claim any ownership rights to your Content.\n1.6 Updates to Terms. We may make changes to the Terms from time to time and if we do,\nwe will notify you by revising the date at the top of the Terms and, in some cases, we may\nprovide you with additional notice. You should look at the Terms regularly. Unless otherwise\nnoted, the amended Terms will be effective immediately and your continued use of our\nServices and Software will confirm your acceptance of the changes. If you do not agree to the\namended Terms, you must stop using our Services and Software. \n2. Privacy.\n2.1 Privacy. For information about how we collect, use, share or otherwise process\ninformation about you and your use of our apps and websites, please see our Privacy Policy.\nYou have the option to manage information preferences here.\n2.2 Our Access to Your Content. Where permitted by law, we will only access, view or listen\nto your Content (defined in section 4.1 (Content) below) in limited ways. For example, in order\nto perform the Services, we may need to access, view or listen to your Content to (A) respond\nto Feedback or support requests; (B) detect, prevent or otherwise address fraud, security,\nlegal or technical issues; and (C) enforce the Terms. Our automated systems may analyse\nyour Content using techniques such as machine learning in order to improve our Services and\nSoftware and the user experience. Learn more about the machine learning we do.\n\n2.3 Data Processing Agreement. Where customer information includes personal\ninformation and where you are considered a “Data Controller” and Adobe is a “Data\nProcessor” as defined under the General Data Protection Regulation EU Regulation 2016/679\n(“GDPR”), the terms of the Adobe Data Processing Agreement (“DPA”) (available here),\nincluding the European Commission approved Standard Contractual Clauses, as applicable,\nshall apply to the processing of such personal information and are incorporated by reference\ninto the Terms.\n2.4 Sensitive Personal Information. You agree not to collect, process or store any Sensitive\nPersonal Information using the Services or Software. You agree not to transmit, disclose or\nmake available Sensitive Personal Information to Adobe or Adobe’s third-party providers.\n“Sensitive Personal Information” means an individual’s financial information, sexual\npreferences, medical or health information protected under any health data protection laws,\nbiometric data (for purposes of uniquely identifying an individual), personal information of\nchildren protected under any child data protection laws (such as the personal information\ndefined under the US Children’s Online Privacy Protection Act (“COPPA”)) and any additional\ntypes of information included within this term or any similar term (such as “sensitive personal\ndata” or “special categories of personal information”) as used in applicable data protection or\nprivacy laws.\n2.5 Transfer of Personal Information. We process and store information in the U.S. and\nother countries. By using our apps and websites, you agree that you authorise Adobe to\ntransfer your personal information across national borders and to other countries where\nAdobe and its partners operate. For example, personal information collected from users in\nChina will be exported outside of China.\n3. Use of Services and Software.\n3.1 Licence. Subject to your compliance with the Terms and applicable law, you may access\nand use the Services and Software that we make available and that you license from us. Your\nlicence(s) expire at the end of the term set forth in your order document. The version(s) of the\nServices and Software available at your renewal date may be different from the version(s)\navailable when you first purchased your licence(s) from Adobe. The versions of the Services\nand Software that Adobe supports can be found here. You agree that your decision to use or\npurchase Software or Services is not contingent on the delivery of any future functionality or\nfeatures or dependant on any oral or written public comments made by us regarding future\nfunctionality or features.\n3.2 Adobe Intellectual Property. We (and our licensors) remain the sole owner of all right,\ntitle and interest in the Services and Software. Except as stated in the Terms, we do not grant\nyou any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect\nto the items in the Services or Software. We reserve all rights not granted under the Terms. \n\n3.3 Storage. We recommend that you back up your Content and Creative Cloud Customer\nFonts elsewhere regularly if the Services provide storage and this functionality is enabled by\nthe applicable Services. We may create reasonable technical limits on file size, storage space,\nprocessing capacity and other technical limits. We may suspend the Services until you are\nwithin the storage space limit associated with your account. At the end of your licence term,\nwe will use commercially reasonable efforts to allow you to transition your Content out of the\nServices. The transition must be completed within 30 days from the date of the termination or\nexpiration of your licence term. At the end of this 30-day transition period, we reserve the\nright to delete your Content. You should download any Content that you have stored in the\nServices before your licence ends.\n3.4 User-Generated Content. We may host user-generated content from our users. If you\naccess our Services, you may come across user-generated content that you find offensive or\nupsetting. Your sole remedy is to stop viewing the content. If available, you may also click the\n“Report” button to report offensive user-generated content to us.\n3.5 Sample Files. “Sample Files” means Adobe-provided audio, visual, video or other\ncontent files for use in tutorials, demonstrations and for other trial purposes, which may be\nidentified as sample files. Sample Files cannot be used for any other purpose than for which\nthey were provided. You cannot distribute Sample Files in any way that allows a third party to\nuse, download, extract or access the Sample Files as a stand-alone file and you cannot claim\nany rights in the Sample Files.\n3.6 Content Files. “Content Files” means Adobe assets provided as part of the Services and\nSoftware. Unless documentation or specific licences (including but not limited to Additional\nTerms) state otherwise, we grant you a personal, non-exclusive, non-sublicensable and non-\ntransferable licence to use the Content Files to create your end use (i.e., the derivative\napplication or product authored by you) into which the Content Files or derivations thereof,\nare embedded for your use (“End Use”). You may modify the Content Files prior to\nembedding them in the End Use. You may reproduce and distribute Content Files only in\nconnection with your End Use, however, under no circumstances can you distribute the\nContent Files on a stand-alone basis, outside of the End Use.\n3.7 Free memberships, offers and trials. Adobe may offer free memberships, offers and\ntrial memberships in its sole discretion. If access to the Services or Software is provided to\nyou for free or for trial purposes, such access is governed by these Terms. At any time prior to\nor during the free or trial period, Adobe may, in its sole discretion, terminate the free or trial\naccess without prior notice and without any liability to you, to the extent permitted under\napplicable law, for any reason, including to prevent abuse of the free or trial access. After the\nfree or trial access period expires, you may only continue using the Services or Software by\nenrolling in a paid subscription, if available or as otherwise permitted by Adobe. During the\nfree or trial period, no express or implied warranties shall apply to the Services and Software,\nall Services and Software are provided “as-is” with all defects and no technical or other\nsupport is included.\n\n3.8 NFR Version. Adobe may also designate the Services or Software as “trial, “evaluation,”\n“not for resale” or other similar designation (“NFR Version”). You may install and use the NFR\nVersion only for the period and purposes stated when we provide the NFR Version. You must\nnot use any materials you produce with the NFR Version for any commercial purposes. \n3.9 Adobe Talent.\n(A) You may not post jobs that point to specific work contests or other opportunities that\nsolicit customised and unpaid creative work from creative professionals. Any such postings\nmay be removed without refund.\n(B) We offer a paid “Talent Search” feature to recruiters and companies looking to discover\nand hire creative talents. By uploading a public profile or public project on the Services, you\nagree that the public information may be included in Talent Search results. \n3.10 Creative Cloud Customer Fonts.\n(A) For any font or font file you upload or submit to the Services and Software (“Creative\nCloud Customer Fonts”) you represent and warrant that you have all necessary rights to\nallow us to use, reproduce, display, host and distribute the Creative Cloud Customer Fonts\nthrough the Services and Software for your use. Creative Cloud Customer Fonts are not\nconsidered Content, as defined in the Terms. Adobe does not represent or warrant that any\nsuch Creative Cloud Customer Fonts will be compatible with or be suitable for use with the\nServices or Software. \n(B) In the event we are informed by a third party or become aware that you haven't got the\nrights to which you warrant in section 3.10(A) (Creative Cloud Customer Fonts) or that your\nCreative Cloud Customer Fonts violate third-party Intellectual Property Rights, then we may\nremove the Creative Cloud Customer Fonts from your account, from the Services or from the\nContent that uses that Creative Cloud Customer Fonts. If we remove your Creative Cloud\nCustomer Fonts from your account, the Services or the Content that uses the Creative Cloud\nCustomer Fonts, the display of your Content may change. Learn more about how your\nContent may change.\n(C) You may revoke our access to your Creative Cloud Customer Fonts and terminate our\nrights at any time by deleting your Creative Cloud Customer Fonts from the Service. \n(D) Upon any termination or closure of your account, we reserve the right to delete your\nCreative Cloud Customer Fonts. Some copies of your Creative Cloud Customer Fonts may be\nretained as part of our routine backups.\n(E) We may collect information connected to your use of the Creative Cloud Customer Fonts,\nsuch as names of the Creative Cloud Customer Fonts that you upload and how you use the\nCreative Cloud Customer Fonts.\n3.11 Other Licence Types.\n(A) Prerelease or Beta Version. We may designate the Services or Software or a feature of\nthe Services or Software, as a prerelease or beta version (“Beta Version”). A Beta Version\ndoes not represent the final product and may contain bugs that may cause system or other\nfailure and data loss. We may choose not to release a commercial version of the Beta Version.\n\nYou must promptly cease using the Beta Version and destroy all copies of the Beta Version if\nwe request you to do so. In exchange for your use of a Beta Version, you agree that Adobe\nmay collect data regarding your use of the Beta Version to improve our products and\npersonalise your experience, regardless of whether or not you have opted-out of data\ncollection for non-Beta Versions. If you do not wish to have your usage tracked, you must\ndiscontinue your use of the Beta Version by uninstalling such Beta Version or utilising a non-\nBeta Version of the Services or Software. Any separate agreement we enter into with you\ngoverning the Beta Version will supersede these provisions.\n(B) Education Version. If we designate the Services or Software to be for use by educational\nusers (“Educational Version”), then you may only use the Educational Version if you meet\nthe eligibility requirements stated here. You may install and use the Educational Version only\nin the country where you are qualified as an educational user. If you reside in the European\nEconomic Area, then the word “country” in the prior sentence means the European Economic\nArea.\n3.12 Third-Party Services and Software. The Services and Software may include third-\nparty services and software and you are responsible for complying with any and all third-party\nterms that apply. Some third-party terms that may be applicable to your use of the Services\nand Software are available. Access to third-party services and software is provided for\nconvenience only and Adobe has no responsibility for such third-party services and software. \n4. Your Content.\n4.1 Content. “Content” means any text, information or material, such as audio files, video\nfiles, electronic documents or images, that you upload and import into, or create with the\nServices or Software in connection with or through your use of the Services. You must not\nupload any Content that is prohibited by any applicable law. We reserve the right to remove\nContent or restrict access to Content, Services and Software if any of your Content is found\nto be in violation of these Terms. We do not review all Content uploaded to the Services or\nSoftware, but we may use available technologies, vendors or processes to screen for certain\ntypes of illegal content (for example, child pornography) or other abusive content or\nbehaviour (for example, patterns of activity that indicate spam or phishing or keywords that\nindicate adult content has been posted outside of the adult wall).\n4.2 Licences to Your Content in Order to Operate the Services and Software. Solely for\nthe purposes of operating or improving the Services and Software, when you upload Content\nto the Services or Software, you grant us a nonexclusive, worldwide, royalty-free,\nsublicensable and transferrable licence to use, reproduce, publicly display, distribute, modify\n(so as to better showcase your Content, for example), publicly perform and translate the\nContent. \n4.3 Sharing Your Content.\n(A) Sharing. Some Services and Software may provide features that allow you to Share your\nContent with other users or to make it public. “Share” means to email, post, transmit, stream,\n\nupload or otherwise make available (whether to us or other users) through your use of the\nServices and Software. Other users may use, copy, modify or re-share your Content in many\nways. Please carefully consider what you choose to Share or make public as you are\nresponsible for the Content that you Share.\n(B) Level of Access. We do not monitor or control what others do with your Content. You are\nresponsible for determining the limitations that are placed on your Content and for applying\nthe appropriate level of access to your Content. If you do not choose the access level to apply\nto your Content, the system may default to its most permissive setting. It is your responsibility\nto let other users know how your Content may be Shared and to adjust the setting related to\naccessing or sharing your Content.\n(C) Comments. Any comments that you submit through the Services and Software are not\nanonymous and may be viewed by other users. Your comments may be deleted by you, by\nother users or by us.\n4.4 Termination of Licence. You may revoke this licence to your Content and terminate our\nrights at any time by removing your Content from the Service. Some copies of your Content\nmay be retained as part of our routine backups, however. \n4.5 Feedback. You have no obligation to provide us with ideas, suggestions, proposals or\nbug or crash reports (“Feedback”). If you submit Feedback to us however, then you grant us\na non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable and\ntransferable licence to make, use, sell, have made, offer to sell, import, export, reproduce,\npublicly display, distribute, modify and publicly perform the Feedback.\n5. Your Account.\n5.1 Account Information. You are responsible for all activity that occurs via your account\neven if that activity is not by you or is without your knowledge or consent. Please notify\nCustomer Support immediately if you become aware of any unauthorised use of your\naccount. You may not (A) share your account information (except with an authorised account\nadministrator), whether intentionally or unintentionally; or (B) use another person’s account.\nYour account administrator may use your account information to manage your use and\naccess to the Services and Software. For PhoneGap, we reserve the right to monitor and\nenforce subscription plan limits and restrictions, including, but not limited to, the right to\ncharge for overages.\n5.2 Free Account Inactivity. You are responsible for keeping your account active, which\nmeans you must sign in periodically to avoid any disruption or loss of access to the Services\nand Software or termination of your account. If you don't sign into your account periodically,\nwe reserve the right to assume your account is inactive and you agree that we may close it for\nyou. You understand that you will lose access to any Content stored in your account upon\nclosure. Prior to closing your account for inactivity, we will attempt to provide notice to you.\nFor the avoidance of doubt, this section 5.2 (Account Inactivity) does not apply to paid\naccounts in good standing. \n\n6. User Conduct.\n6.1 Responsible Use. The Adobe communities often consist of users who expect a certain\ndegree of courtesy and professionalism. You must use the Services and Software responsibly.\n6.2 Misuse. You must not misuse the Services or Software. For example, you must not:\n(A) use the Services or Software without, or in violation of, a written licence or agreement with\nAdobe;\n(B) copy, modify, host, stream, sublicence or resell the Services or Software;\n(C) enable or allow others to use the Services or Software using your account information;\n(D) offer, use or permit the use of the Services or Software in a computer services business,\nthird-party outsourcing service, on a membership or subscription basis, on a service bureau\nbasis, on a time-sharing basis, as a part of a hosted service or on behalf of any third party;\n(E) use the Software to construct any kind of database or dataset;\n(F) access or attempt to access the Services or Software by any means other than the\ninterface we provide or authorise;\n(G) circumvent any access or use restrictions put into place to prevent certain uses of the\nServices or Software;\n(H) Share Content or Creative Cloud Customer Fonts or otherwise engage in behaviour that\nviolates anyone’s Intellectual Property Rights. “Intellectual Property Rights” means\ncopyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right\nof privacy, right of publicity and any other proprietary rights;\n(I) Share any Content that is unlawful, harmful, threatening, obscene, violent, abusive,\ntortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, hateful or\notherwise objectionable;\n(J) Share any Content that sexualises minors or that is intended to facilitate inappropriate\ninteractions with minors, other Adobe users or the public; \n(K) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation\nwith a person or entity;\n(L) attempt to disable, impair or destroy the Services or Software;\n(M) upload, transmit, store or make available any Content, Creative Cloud Customer Fonts or\ncode that contains any viruses, malicious code, malware or any components designed to\nharm or limit the functionality of the Services or Software; \n(N) disrupt, interfere with, or inhibit any other user from using the Services or Software (such\nas stalking, intimidation, harassment or incitement or promotion of violence or self-harm);\n(O) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, fraudulent\nactivities or other unsolicited messages;\n(P) place an advertisement of any products or services in the Services except with our prior\nwritten approval;\n(Q) use any data mining or similar data gathering and extraction methods in connection with\nthe Services or Software, including data scraping for machine learning or other purposes;\n(R) artificially manipulate or disrupt the Services or Software (such as manipulating\nappreciations on Behance or driving users to third-party sites);\n\n(S) create Adobe accounts for the purpose of violating these terms or for circumventing\naccount termination or other types of actions taken by Adobe; \n(T) manipulate or otherwise display the Services or Software by using framing or similar\nnavigational technology; or\n(U) violate applicable law.\n7. Fees and Payment.\n7.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees\n(including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan\ncharges, credit card fees, foreign exchange fees and foreign transaction fees). We are not\nresponsible for these fees. Contact your financial institution with questions about fees. We\nmay take steps to collect the fees you owe us. You are responsible for all related collection\ncosts and expenses. If you are located in a different country from the applicable Adobe entity\nwith which you are transacting (i.e., Adobe Inc. for North American customers and Adobe\nSystems Software Ireland Limited for customers in all other countries), your payments will be\nmade to a foreign entity.\n7.2 Credit Card Information. You authorise us to store your payment method and use it in\nconnection with your use of the Services and Software as described in your Subscription and\nCancellation Terms. To avoid interruption of your service, we may participate in programmes\nsupported by your card provider to try to update your payment information. You authorise us\nto continue billing your account with the updated information that we obtain.\n8. Your Warranty and Indemnification Obligations.\n8.1 Warranty. By uploading your Content to the Services or Software, you agree that you\nhave: (A) all necessary licences and permissions to use and Share your Content; and (B) the\nrights necessary to grant the licences in the Terms.\n8.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents,\nemployees, partners and licensors from any claim, demand, loss or damage, including\nreasonable solicitors’ fees, arising out of or related to your Content, Creative Cloud Customer\nFonts, your use of the Services or Software (as applicable) or your violation of the Terms. We\nhave the right to control the defence of any claim, action or matter subject to indemnification\nby you with counsel of our own choosing. You will fully cooperate with us in the defence of\nany such claim, action or matter.\n9. Disclaimers of Warranties.\n9.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-\nIS.” To the maximum extent permitted by law, we disclaim all warranties, express or\nimplied, including the implied warranties of non-infringement, merchantability and\nfitness for a particular purpose. We make no commitments about the content within\n\nthe Services. We further disclaim any warranty that (A) the Services or Software will\nmeet your requirements or will be constantly available, uninterrupted, timely, secure\nor error-free; (B) the results obtained from the use of the Services or Software will be\neffective, accurate or reliable; (C) the quality of the Services or Software will meet\nyour expectations; or (D) any errors or defects in the Services or Software will be\ncorrected.\n9.2 We specifically disclaim all liability for any actions resulting from your use of any\nServices or Software. You may use and access the Services or Software at your own\ndiscretion and risk and you are solely responsible for any damage to your computer\nsystem or loss of data that results from the use of and access to any Service or\nSoftware.\n9.3 If you post your Content on our servers to publicly Share through the Services, we\nare not responsible for: (A) any loss, corruption or damage to your Content; (B) the\ndeletion of Content by anyone other than Adobe; or (C) the inclusion of your Content\nby third parties on other websites or in other media.\n10. Limitation of Liability.\n10.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for\nany special, incidental, indirect, consequential, moral, exemplary or punitive damages\nwhatsoever, regardless of cause, including losses and damages (A) resulting from loss\nof use, data, reputation, revenue or profits; (B) based on any theory of liability,\nincluding breach of contract or warranty, negligence or other tortious action; or (C)\narising out of or in connection with your use of or access to the Services or Software.\nNothing in the Terms limits or excludes our liability for gross negligence, intentional\nmisconduct of Adobe or its employees, death or personal injury.\n10.2 Our total liability in any matter arising out of or related to the Terms is limited to\nthe greater of (A) US $100; or (B) the aggregate amount that you paid for access to the\nServices and Software during the three-month period preceding the event giving rise\nto the liability. \n10.3 These limitations and exclusions in this section 10 (Limitation of Liability) apply to\nthe maximum extent permitted by law even if (A) a remedy does not fully compensate\nyou for any losses or fails of its essential purpose; or (B) we knew or should have\nknown about the possibility of damages.\n10.4 These Terms set forth the entire liability of Adobe and its affiliates as well as your\nexclusive remedy with respect to access and use of the Services and Software.\n11. Termination.\n\n11.1 Termination by You. You may stop using the Services and Software at any time.\nTermination of your account does not relieve you of any obligation to pay any outstanding\nfees.\n11.2 Termination by Us. If we terminate the Terms or your use of the Service(s) or Software\nfor reasons other than for cause, we will make reasonable efforts to notify you at least 30\ndays prior to termination via the email address you provide to us with instructions on how to\nretrieve your Content. Please note you may lose access to your Content upon termination, as\ndescribed in Section 4.4 (Termination of Licence). Unless stated in any Additional Terms, we\nmay, at any time, terminate or suspend your right to use and access the Services or Software\nif:\n(A) you breach any provision of the Terms (or act in a manner that clearly shows you do not\nintend to, or are unable to, comply with the Terms);\n(B) you fail to make the timely payment of fees for the Services or Software, if any;\n(C) you physically, verbally or through other means abuse, threaten, bully or harass us or our\npersonnel (in such circumstances, we may alternatively suspend or restrict your access to the\nServices or Software);\n(D) you have repeatedly made complaints in bad faith or without a reasonable basis and\ncontinue to do so after we have asked you to stop (in such circumstances, we may\nalternatively suspend or restrict your access to the Services or Software); \n(E) we are required to do so by law (for example, where the provision of the Services or\nSoftware to you is or becomes, unlawful);\n(F) we elect to discontinue the Services or Software, in whole or in part (such as if it becomes\nimpractical for us to continue offering Services in your region due to change of law); or\n(G) there has been an extended period of inactivity in your free account. \n11.3 Survival. Upon the expiration or termination of the Terms, some or all of the Services and\nSoftware may cease to operate without prior notice. Your indemnification obligations, our\nwarranty disclaimers and limitations of liabilities and dispute resolution provisions stated in\nthe Terms will survive.\n12. Trade Sanctions and Export Control Compliance. The Services and Software and your\nuse of them, are subject to laws, restrictions and regulations of the United States and other\njurisdictions that (A) govern the import, export and use of the Services and Software; and (B)\nmay prohibit us from providing the Services and Software to you without notice. By using the\nServices and Software, you agree to comply with all such laws, restrictions and regulations\nand you warrant that you are not prohibited from receiving the Services and Software by the\nlaws of any jurisdiction. \n13. Australian Consumer Law. Nothing in the Terms is intended to exclude, restrict or\nmodify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or\nany other legislation which may not be excluded, restricted or modified by agreement. If the\nCCA or any other legislation implies a condition, warranty or term into the Terms or provides\nstatutory guarantees in connection with the Terms, in respect of goods or services supplied\n\n(if any), our liability for breach of such a condition, warranty, other term or guarantee is limited\n(at our election), to the extent it is able to do so: (A) in the case of supply of goods, us doing\nany one or more of the following: (1) replacing the goods or supplying equivalent goods; (2)\nrepairing the goods; (3) paying the cost of replacing the goods or of acquiring equivalent\ngoods; and (4) paying the cost of having the goods repaired; or (B) in the case of supply of\nservices, our doing either or both of the following: (1) supplying the services again; and (2)\npaying the cost of having the services supplied again.\n14. Dispute Resolution.\n14.1 Process. If you have any concern or dispute, you agree to first try to resolve the dispute\ninformally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any\nresulting legal actions must be resolved through final and binding arbitration, including any\nquestion of whether arbitration is required, except that you may assert claims in small claims\ncourt if your claims qualify. Claims related to the Terms, Services or Software are permanently\nbarred if not brought within one year of the event resulting in the claim. \n14.2 Rules. If you reside in the Americas, JAMS will administer the arbitration in Santa Clara\nCounty, California pursuant to its Comprehensive Arbitration Rules and Procedures. If you\nreside in Australia, New Zealand, Japan, mainland China, Hong Kong SAR of China, Macau\nSAR of China, Taiwan region, South Korea, India, Sri Lanka, Bangladesh, Nepal or a member\nstate of the Association of Southeast Asian Nations (ASEAN), then the Singapore International\nArbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of\nArbitration, which rules are deemed to be incorporated by reference in this section.\nOtherwise, the London Court of International Arbitration (LCIA) will administer the arbitration\nin London under the LCIA Arbitration Rules. There will be one arbitrator that you and Adobe\nmutually select. The arbitration will be conducted in the English language, but any witness\nwhose native language is not English may give testimony in the witness’ native language, with\nsimultaneous translation into English (at the expense of the party presenting the witness).\nJudgement upon the award rendered may be entered and will be enforceable in any court of\ncompetent jurisdiction having jurisdiction over you and us.\n14.3 No Class Actions. You may only resolve disputes with us on an individual basis and\nyou may not bring a claim as a plaintiff or a class member in a class, consolidated or\nrepresentative action.\n14.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’\nunauthorised access to or use of the Services or Software in violation of the Terms, you agree\nthat we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal\nrelief) in any jurisdiction.\n15. Audit Rights. If you are a Business, then we may, no more than once every 12 months,\nupon seven 7 days’ prior notice to you, appoint our personnel or an independent third-party\nauditor who is obliged to maintain confidentiality to inspect (including manual inspection,\n\nelectronic methods or both) your records, systems and facilities to verify that your installation\nand use of any and all Services or Software is in conformity with its valid licences from us.\nAdditionally, you will provide us with all records and information requested by us within 30\ndays of our request in order for us to verify that the installation and use of any and all Services\nand Software is in conformity with your valid licences. If the verification discloses a shortfall in\nlicences for the Services or Software, you will immediately acquire any necessary licences,\nsubscriptions and applicable back maintenance and support. If the underpaid fees exceed\n5% of the value of the payable licence fees, then you will also pay for our reasonable cost of\nconducting the verification.\n16. Updates to Services and Software and Availability.\n16.1 Updates to the Services and Software. We may modify, update or discontinue the\nServices or Software (including any portions or features) at any time, without liability to you or\nanyone else. However, for changes to paid offerings, we will make reasonable efforts to notify\nyou of the modification, update or discontinuation. If we discontinue the Services or Software\nin its entirety, we will use reasonable commercial efforts to allow you to transition your\nContent and we may provide you with a pro rata refund for any unused fees for that Service or\nSoftware that you prepaid.\n16.2 Availability. Webpages describing the Services are accessible worldwide, but this does\nnot mean all Services or service features are available in your country or that user-generated\ncontent available via the Services is legal or available in your country. Access to certain\nServices (or certain Service features, Sample Files or Content Files) in certain countries may\nbe blocked by us or foreign governments. It is your responsibility to make sure your use of the\nServices is legal or available where you use them. Services are not available in all languages.\n17. No Modifications, Reverse Engineering. Except as expressly permitted in the Terms,\nyou may not (A) modify, port, adapt or translate any portion of the Services or Software; or (B)\nreverse engineer (including but not limited to monitoring or tracking the inputs and outputs\nflowing through a system or an application in order to recreate that system), decompile,\ndisassemble or otherwise attempt to discover, within any Service or Software, the source\ncode, data representations or underlying algorithms, processes, methods and any other\nportion of such Service or Software. If the laws of your jurisdiction give you the right to\ndecompile the Services or Software to obtain information necessary to render the licensed\nportions of the Services or Software interoperable with other software, you must first request\nsuch information from us. We may, in our discretion, either provide such information to you or\nimpose reasonable conditions, including a reasonable fee, on your decompilation of the\nServices or Software to ensure that our and our suppliers’ proprietary rights in the Services\nand Software are protected.\n18. Miscellaneous.\n\n18.1 English Version. The English version of the Terms will be the version used when\ninterpreting or construing the Terms.\n18.2 Notice to Adobe. You may send notices to us at the following address: Adobe Inc., 345\nPark Avenue, San Jose, California, 95110-2704, USA, Attention: General Counsel.\n18.3 Notice to You. We may notify you by email, postal mail, postings within the Services or\nother legally accepted means. It is your responsibility to keep your account information\ncurrent to receive notifications. \n18.4 Non-Assignment. You may not assign or otherwise transfer the Terms or your rights\nand obligations under the Terms, in whole or in part, without our written consent and any such\nattempt will be void. We may transfer our rights under the Terms to a third party.\n18.5 Government Terms. If you are an U.S. government entity or if the Terms become\nsubject to the Federal Acquisition Regulations (FAR), then, the Services and Software,\nprovided under the Terms are “Commercial Item(s),” as that term is defined at 48 C.F.R.\n§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software\nDocumentation” and services related thereto, as such terms are used in 48 C.F.R. §12.212 or\n48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-\n1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial\nComputer Software Documentation are being licensed to U.S. Federal Government End-users\n(A) only as Commercial Items; and (B) with only those rights as are granted to all other end-\nusers pursuant to the terms and conditions of the Terms. Unpublished rights are reserved\nunder the laws of the United States- Adobe Inc., 345 Park Avenue, San Jose, CA 95110-2704,\nUSA.\n18.6 Headings. Headings used in the Terms are provided for convenience only and will not be\nused to construe meaning or intent.\n18.7 Severability. If any provision of the Terms is held invalid or unenforceable for any reason,\nthe remainder of the Terms will continue in full force and effect.\n18.8 No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of\nthat provision.\n18.9 Force Majeure. Neither party will be liable to the other for any delay or failure to perform\nany obligation (other than your payment obligations to Adobe) under the Terms if the delay or\nfailure is due to unforeseen events, which occur after the effectiveness of the Terms and\nwhich are beyond the reasonable control of the parties, such as strikes, blockade, war,\nterrorism, riots, natural disasters, refusal of licence by the government or other governmental\nagencies, in so far as such an event prevents or delays the affected party from fulfilling its\nobligations and such party is not able to prevent or remove the force majeure at reasonable\ncost.\n\n19. DMCA. We respect the Intellectual Property Rights of others and we expect our users to\ndo the same. We will respond to clear notices of copyright infringement consistent with the\nDigital Millennium Copyright Act (“DMCA”). You can learn more about Adobe’s IP Takedown\npolicies and practices here.\nAdobe Inc.: 345 Park Avenue, San Jose, California 95110-2704\nAdobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business Campus,\nSaggart, Dublin 24\nAdobe_General_Terms_of_Use-en_US-20200416\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Apple","url":"https://www.apple.com/ie/legal/internet-services/itunes/ie/terms.html","lang":"PL","sector":"Various","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"20.09.2021"},"document":{"title":"","text":"Apple Media Services Terms and\nConditions\nThese terms and conditions create a contract between you and Apple (the “Agreement”). Please read the\nAgreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”\nA. INTRODUCTION TO OUR SERVICES\nThis Agreement governs your use of Apple’s Services (“Services” – e.g., and where available, App Store, Apple\nArcade, Apple Books, Apple Fitness+, Apple Music, Apple News, Apple News+, Apple One, Apple Podcasts,\nApple Podcast Subscriptions, Apple TV, Apple TV+, Apple TV Channels, Game Center, iTunes), through which\nyou can buy, get, license, rent or subscribe to content, Apps (as defined below), and other in-app services\n(collectively, “Content”). Content may be offered through the Services by Apple or a third party. Our Services are\navailable for your use in your country or territory of residence (“Home Country”), as well as any other EU member\nstate in which you are temporarily present. By creating an account for use of the Services in a particular country\nor territory you are specifying it as your Home Country. To use our Services, you need compatible hardware,\nsoftware (latest version recommended and sometimes required) and Internet access (fees may apply). Our\nServices’ performance may be affected by these factors.\nB. USING OUR SERVICES\nPAYMENTS, TAXES, AND REFUNDS\nYou can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.”\nBy each Transaction you acquire a license to use the Content only. Each Transaction is an electronic contract\nbetween you and Apple, and/or you and the entity providing the Content on our Services. However, if you are a\ncustomer of Apple Distribution International Ltd., Apple Distribution International Ltd. is the merchant of record\nfor some Content you acquire from Apple Books, Apple Podcasts, or App Store) as displayed on the product\npage and/or during the acquisition process for the relevant Service. In such case, you acquire the Content from\nApple Distribution International Ltd., which is licensed by the Content provider (e.g., App Provider (as defined\nbelow), book publisher, etc.). When you make your first Transaction, we will ask you to choose how frequently we\nshould ask for your password for future Transactions. If you enable Touch ID for Transactions, we will ask you to\nauthenticate all Transactions with your fingerprint, and if you enable Face ID for Transactions, we will ask you to\nauthenticate all Transactions using facial recognition. Manage your password settings at any time by following\nthese instructions: https://support.apple.com/HT204030.\nApple will charge your selected payment method (such as your credit card, debit card, gift card/code, or other\nmethod available in your Home Country) for any paid Transactions, including any applicable taxes. If you have\nalso added it to your Apple Wallet, Apple may charge your selected payment method in Apple Wallet using Apple\nPay. You can associate multiple payment methods with your Apple ID, and you agree that Apple may store and\ncharge those payment methods for Transactions. Your primary payment method appears at the top of your\naccount settings payments page.\nIf your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you\nauthorize Apple to attempt to charge your other eligible payment methods in order from top to bottom as they\nappear on your account settings payments page. If we cannot charge you, you remain responsible for any\nuncollected amounts, and we may attempt to charge you again or request that you provide another payment\nmethod. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel\nprior to the Content’s availability). In accordance with local law, Apple may automatically update your payment\ninformation regarding your payment methods if provided such information by the payment networks or your\nfinancial institutions. For more details about how Transactions are billed, please\nvisit http://support.apple.com/HT201359. You agree to receipt of all invoices in an electronic format, which may\ninclude email. Content prices may change at any time. If technical problems prevent or unreasonably delay\ndelivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price\npaid, as determined by Apple. From time to time, Apple may suspend or cancel payment or refuse a refund\nrequest if we find evidence of fraud, abuse, or unlawful or other manipulative behavior that entitles Apple to a\ncorresponding counterclaim. Terms related to store credit and gift cards/codes are available\nhere: https://www.apple.com/legal/internet-services/itunes/giftcards/.\nRight of cancellation: If you choose to cancel your order, you may do so within 14 days from when you received\nyour receipt without giving any reason.\nTo cancel your order, you must inform us of your decision. To ensure immediate processing we recommend you\nuse Report a Problem to cancel all items with the exception of Complete My Season and unredeemed iTunes\nGifts purchased directly from Apple, which can be cancelled by contacting iTunes Support. Subscription services\ncan only be cancelled following the initial subscription and not upon each automatic renewal. You also have the\n\nright to inform us using the model cancellation form below or by making any other clear statement. If you use\nReport a Problem we will communicate acknowledgement of receipt of your cancellation to you without delay.\nTo meet the cancellation deadline, you must send your communication of cancellation before the 14-day period\nhas expired.\nEffects of cancellation: We will reimburse you no later than 14 days from the day on which we receive your\ncancellation notice. We will use the same means of payment as you used for the transaction, and you will not\nincur any fees for such reimbursement.\nException to the right of cancellation: You cannot cancel your order for the supply of Content if the delivery has\nstarted upon your request and acknowledgement that you thereby lose your cancellation right.\nModel cancellation form:\n- To Apple Distribution International Ltd., iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill,\nCork, Republic of Ireland:\n- I hereby give notice that I withdraw from my contract for the following:\n[INSERT ORDER ID, ITEM, ARTIST AND TYPE]\n- Ordered on [INSERT DATE] / received on [INSERT DATE]\n- Name of consumer\n- Address of consumer\n- Email address of consumer (optional)\n- Date\nACCOUNT\nUsing our Services and accessing your Content may require an Apple ID. An Apple ID is the account you use\nacross Apple’s ecosystem. Use of Game Center is subject to this Agreement and also requires a Game Center\naccount. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Apple\nis not responsible for any losses arising from the unauthorized use of your account. Please contact Apple if you\nsuspect that your account has been compromised.\nYou must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to\ncreate an account and use our Services. Apple IDs for persons under this age can be created by a parent or legal\nguardian using Family Sharing or by an approved educational institution. A parent or legal guardian who is\ncreating an account for a child under the age of majority should review this Agreement with the child to ensure\nthat they both understand it.\nYou may add, notify, or remove a Legacy Contact for your Apple ID as described\nin http://support.apple.com/HT212360. A Legacy Contact’s access to your Apple ID is limited as described\nin http://support.apple.com/HT212361.\nPRIVACY\nYour use of our Services is subject to Apple’s Privacy Policy, which is available\nat https://www.apple.com/legal/privacy/.\nSERVICES AND CONTENT USAGE RULES\nYour use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other\nuse of the Services and Content is a material breach of this Agreement. Apple may monitor your use of the\nServices and Content to ensure that you are following these Usage Rules.\nAll Services:\n- You may use the Services and Content only for personal, noncommercial purposes (except as set forth in the\nApp Store Content section below).\n- Apple’s delivery of Services or Content does not transfer any commercial or promotional use rights to you, and\ndoes not constitute a grant or waiver of any rights of the copyright owners.\n- You can use Content from up to five different Apple IDs on each device.\n- For any Service, you can have up to 10 devices (but only a maximum of 5 computers) signed in with your Apple\nID at one time, though simultaneous streams or downloads of Content may be limited to a lower number of\ndevices as set out below under Apple Music and Apple TV content. Each computer must also be authorized\nusing the same Apple ID (to learn more about authorization of computers,\n\nvisit https://support.apple.com/HT201251). Devices can be associated with a different Apple ID once every 90\ndays.
\n- Manipulating play counts, downloads, ratings, or reviews via any means — such as (i) using a bot, script, or\nautomated process; or (ii) providing or accepting any kind of compensation or incentive — is prohibited.\n- It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back\nup your Content regularly.\n- You may not tamper with or circumvent any security technology included with the Services.\n- You may access our Services only using Apple’s software, and may not modify or use modified versions of\nsuch software.\n- Video Content requires an HDCP connection.\nAudio and Video Content Sales and Rentals:\n- You can use Digital Rights Management (DRM)-free Content on a reasonable number of compatible devices\nthat you own or control. DRM-protected Content can be used on up to five computers and any number of\ndevices that you sync to from those computers.\n- Content rentals are viewable on a single device at a time, and must be played within 30 days, and completed\nwithin 48 hours of the start of play (stopping, pausing or restarting does not extend this period).\n- You may burn an audio playlist of purchased music to disc for listening purposes up to seven times; this\nlimitation does not apply to DRM-free Content. Other Content may not be burned to disc. You may use the disc\nto which you have burned your Content in the same ways in which you may use a disc purchased from a retail\nstore, subject to local copyright laws.\n- Purchased Content will generally remain available for you to download, redownload, or otherwise access from\nApple. Though it is unlikely, subsequent to your purchase, Content may be removed from the Services (for\ninstance, because the provider removed it) and become unavailable for further download or access from Apple.\nTo ensure your ability to continue enjoying Content, we encourage you to download all purchased Content to a\ndevice in your possession and to back it up.\nApp Store Content:\n- The term “Apps” includes apps and App Clips for any Apple platform and/or operating system, including any\nin-app purchases, extensions (such as keyboards), stickers, and subscriptions made available in such apps or\nApp Clips.\n- Individuals acting on behalf of a commercial enterprise, governmental organization or educational institution (an\n“Enterprise”) may download and sync non-Arcade Apps for use by either (i) a single individual on one or more\ndevices owned or controlled by an Enterprise; or (ii) multiple individuals on a single shared device owned or\ncontrolled by an Enterprise. For the sake of clarity, each device used serially or collectively by multiple users\nrequires a separate license.\nApple Music:\n- An Individual Apple Music membership allows you to stream on a single device at a time; a Family membership\nallows you or your Family members to stream on up to six devices at a time.\nApple Arcade:\n- Apple Arcade Apps may only be downloaded, or redownloaded, with a valid Apple Arcade trial or subscription.\n- If your subscription ends, Apps downloaded via Apple Arcade will no longer be accessible to you.\nApple TV Content:\n- For most channels, you can stream Content on up to three devices simultaneously.\n- Learn more about Apple TV Content Usage Rules at https://support.apple.com/HT210074.\nDOWNLOADS\nYou may be limited in the amount of Content you may download, and some downloaded Content may expire\nafter a given amount of time after downloaded or first played. Certain Content may not be available for download\nat all.\nYou may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in\nwith the same Apple ID (“Associated Devices”). You can see Content types available for Redownload in your\nHome Country at https://support.apple.com/HT204632. Content may not be available for Redownload if that\nContent is no longer offered on our Services.\n\nContent also may be removed from our Services at any time, after which it cannot be downloaded,\nredownloaded, or otherwise accessed from Apple.\nSUBSCRIPTIONS\nThe Services and certain Apps may allow you to purchase access to Content or Services on a subscription basis\n(“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions\nsection of your account settings. To learn more about cancelling your subscriptions,\nvisit https://support.apple.com/HT202039. We will notify you if the price of a Paid Subscription increases and, if\nrequired, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest\nPaid Subscription period. If we cannot charge your payment method for any reason (such as expiration or\ninsufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected\namounts, and we will attempt to charge the payment method as you may update your payment method\ninformation. This may result in a change to the start of your next Paid Subscription period and may change the\ndate on which you are billed for each period. We reserve the right to cancel your Paid Subscription if we are\nunable to successfully charge your payment method to renew your subscription. Certain Paid Subscriptions may\noffer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription\nbefore we start charging your payment method, cancel the subscription at least 24 hours before the free trial\nends.\nIf you start a free trial to a Paid Subscription offered by Apple as Content provider (an “Apple Paid Subscription”)\nand cancel before it ends, you cannot reactivate the free trial.\nFree trials or free offers to Apple Paid Subscriptions, excluding iCloud, cannot be combined with any free trials or\noffers of Apple One. If you are in a free trial or free offer for any Apple Paid Subscriptions, and you subscribe to\nApple One, your free trial(s) or offer(s) will not be paused even if you have access to such Apple Paid\nSubscription(s) through your Apple One subscription. You acknowledge that your free trial or free offer may\nexpire while you are a Paid Subscriber to Apple One, and Apple shall have no obligation to reinstate, reimburse,\nor otherwise compensate you for any part of such expired free trial or free offer.\nWhen your Paid Subscription to any Service or Content ends, you will lose access to any functionality or Content\nof that Service that requires a Paid Subscription.\nCONTENT AND SERVICE AVAILABILITY\nTerms found in this Agreement that relate to Services, Content types, features or functionality not available in\nyour Home Country are not applicable to you unless and until they become available to you. To see the Content\ntypes available to you in your Home Country, go to the Services or visit https://support.apple.com/HT204411.\nCertain Services and Content available to you in your Home Country may not be available to you when traveling\noutside of your Home Country except if required by law.\nTHIRD-PARTY DEVICES AND EQUIPMENT\nYou may not be able to use all features of the Services when accessing them on a non-Apple-branded device.\nAdditionally, certain Services may require, direct, or suggest you use third-party equipment in some\ncircumstances and/or for certain activities; such use is subject to the terms and conditions of such equipment\nand should be made in accordance with the applicable manufacturer’s instructions. By using the Services, you\nagree that Apple may automatically download and install minor updates to its software on third-party equipment\nfrom time to time.\nC. YOUR SUBMISSIONS TO OUR SERVICES\nOur Services may allow you to submit or post materials such as comments, ratings and reviews, pictures,\nvideos, and podcasts (including associated metadata and artwork). Your use of such features must comply with\nthe Submissions Guidelines below, which may be updated from time to time, and if we become aware of\nmaterials that violate our Submission Guidelines we will remove them. If you see materials that do not comply\nwith the Submissions Guidelines, please use the Report a Concern feature. Except to the extent prohibited by\nlaw, you hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you\nsubmit within the Services and related marketing, and Apple internal purposes. Apple may monitor and decide to\nremove or edit any submitted material.\nSubmissions Guidelines: You may not use the Services to:\n- post any materials that (i) you do not have permission, right or license to use, or (ii) infringe on the rights of any\nthird party;\n- post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content;\n- post personal, private or confidential information belonging to others;\n- request personal information from a minor;\n- impersonate or misrepresent your affiliation with another person, or entity;\n\n- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional\nmaterials, or informational announcements;\n- post, modify, or remove a rating or review in exchange for any kind of compensation or incentive; \n- post a dishonest, abusive, harmful, misleading, or bad-faith rating or review, or a rating or review that is\nirrelevant to the Content being reviewed;\n- plan or engage in any illegal, fraudulent, or manipulative activity.\nD. FAMILY SHARING\nThe organizer of a Family (“Organizer”) must be 18 years or older and the parent or legal guardian of any Family\nmember under age 13 or the equivalent minimum age in their Home Country (as set forth in the registration\nprocess). Apple devices are required for access to all of the Family Sharing features.\nPurchase Sharing: Family Sharing’s Purchase Sharing feature allows eligible Content to be shared among up to\nsix members of a Family. The Organizer invites other members to participate, and agrees to pay for all\nTransactions initiated by Family members. The Organizer's eligible payment methods are used to pay for any\nTransaction initiated by a Family member (except when the Family member’s account has store credit, which is\nalways used first). Family members are acting as agents for the Organizer when the Organizer’s eligible payment\nmethods are used. The Organizer hereby agrees (1) to pay for such Transactions; (2) that Transactions initiated by\nFamily members are authorized; and (3) Transactions will be charged to eligible payment methods in the manner\nindicated in Section B above. Organizers are responsible for complying with their payment method contracts,\nand assume all risk related to sharing access to their eligible payment methods with Family members. A receipt\nor invoice for any Family member Transaction is sent to the initiating Family member and the Organizer.\nAsk to Buy: Ask to Buy is a convenient feature that allows an Organizer to approve Transactions initiated by a\nFamily member under age 18 (or the equivalent age of majority in your Home Country). The Organizer must be\nthe parent or legal guardian of any Family member for whom Ask to Buy is activated. Content shared by Family\nmembers or acquired via content codes may not be subject to Ask to Buy.\nFamily Member changes: When a Family member leaves or is removed from the Family, the remaining Family\nmembers may no longer be able to access the former member’s Content, including Content acquired with the\nOrganizer’s payment method.\nFamily Sharing Rules: You can only belong to one Family at a time, and may join any Family no more than twice\nper year. You can change the Apple ID you associate with a Family no more than once every 90 days. All Family\nmembers must share the same Home Country. Not all Content, including In-App Purchases, subscriptions, and\nsome previously acquired Apps, are eligible for Purchase Sharing. Apple TV+, Apple TV Channels, Apple One\nFamily, Apple One Premier, Apple Music Family, Apple Arcade, Apple News+, and Apple Fitness+ subscriptions\nare automatically enabled for Family Sharing. Subscriptions shared by a Family may be subject to Content usage\nlimitations on a per subscription basis.\nE. PERSONALIZED RECOMMENDATION FEATURES\nThe Services may recommend Content to you based on your downloads, purchases and other activities. You\nmay opt out from receiving such personalized recommendations for some Services in your account settings.\nF. ADDITIONAL ITUNES STORE TERMS\nSEASON PASS AND MULTI-PASS\nA Pass allows you to purchase and receive television Content as it becomes available. A Season Pass applies to\ntelevision Content that has a limited number of episodes per season; a Multi-Pass applies to television Content\nthat is available on an ongoing basis. The full price of a Season Pass or Multi-Pass is charged at the time of the\nTransaction. Season Pass or Multi-Pass Content is available for download up to 90 days after the last episode\nbecomes available. If automatic renewal is selected when you obtain a Multi-Pass, you will be charged the full\nprice of each subsequent Multi-Pass cycle. You can turn off automatic renewal at least 24 hours prior to the\nbeginning of the next Multi-Pass cycle in your account settings. If a Content provider delivers to Apple fewer TV\nepisodes than planned when you purchased a Season Pass, we will credit to your Apple ID the retail value of the\ncorresponding number of episodes that were not provided to Apple.\nG. ADDITIONAL APP STORE TERMS (EXCLUDING APPLE ARCADE APPS)\nLICENSE OF APP STORE CONTENT\nApp licenses are provided to you by Apple or a third party developer (“App Provider”). If you are a customer of\nApple Distribution International Ltd., the merchant of record is Apple Distribution International Ltd., which means\nthat you acquire the App license from Apple Distribution International Ltd., but the App is licensed by the App\nProvider. An App licensed by Apple is an “Apple App;” an App licensed by an App Provider is a “Third Party\nApp.” Apple acts as an agent for App Providers in providing the App Store and is not a party to the sales\ncontract or user agreement between you and the App Provider. Any App that you acquire is governed by the\nLicensed Application End User License Agreement (“Standard EULA”) set forth below, unless Apple or the App\n\nProvider provides an overriding custom license agreement (“Custom EULA”). The App Provider of any Third\nParty App is solely responsible for its content, warranties, and claims that you may have related to the Third Party\nApp. You acknowledge and agree that Apple is a third-party beneficiary of the Standard EULA or Custom EULA\napplicable to each Third Party App and may therefore enforce such agreement. Certain Apps, such as stickers\nand iMessage apps, may not appear on the device springboard but can be accessed and used in the Messages\napp drawer.\nIN-APP PURCHASES\nApps may offer content, services or functionality for use within such Apps (“In-App Purchases”). In-App\nPurchases that are consumed during the use of the App (for example, virtual gems) cannot be transferred among\ndevices and can be downloaded only once. You must authenticate your account before making In-App\nPurchases – separate from any authentication to obtain other Content – by entering your password or using\nTouch ID or Face ID. You will be able to make additional In-App Purchases for fifteen minutes without re-\nauthenticating unless you’ve asked us to require a password for every purchase or have enabled Touch ID or\nFace ID. You can turn off the ability to make In-App Purchases by following these\ninstructions: https://support.apple.com/HT201304.\nAPP MAINTENANCE AND SUPPORT\nApple is responsible for providing maintenance and support for Apple Apps only, or as required under applicable\nlaw. App Providers are responsible for providing maintenance and support for Third Party Apps.\nAPP BUNDLES\nSome Apps may be sold together as a bundle (“App Bundle”). The price displayed with an App Bundle is the\nprice you will be charged upon purchasing the App Bundle. The App Bundle price may be reduced to account\nfor Apps you have already purchased or acquired, but may include a minimum charge to complete the App\nBundle.\nLICENSED APPLICATION END USER LICENSE AGREEMENT\nApps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to\nyour prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a\ncustom end user license agreement between you and the Application Provider (“Custom EULA”), if one is\nprovided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and\nyour license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application\nProvider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the\n“Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to\nthe Licensed Application not expressly granted to you under this Standard EULA.\na. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any\nApple-branded products that you own or control and as permitted by the Usage Rules. The terms of this\nStandard EULA will govern any content, materials, or services accessible from or purchased within the Licensed\nApplication as well as upgrades provided by Licensor that replace or supplement the original Licensed\nApplication, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules,\nyou may not distribute or make the Licensed Application available over a network where it could be used by\nmultiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application\nexcept as expressly permitted in this Agreement and, if you sell your Apple Device to a third party, you must\nremove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted\nby this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of,\nmodify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and\nonly to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be\npermitted by the licensing terms governing use of any open-sourced components included with the Licensed\nApplication).\nb. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—\nincluding but not limited to technical information about your device, system and application software, and\nperipherals—that is gathered periodically to facilitate the provision of software updates, product support, and\nother services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it\nis in a form that does not personally identify you, to improve its products or to provide services or technologies to\nyou.\nc. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this\nStandard EULA will terminate automatically if you fail to comply with any of its terms.\nd. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and\nwebsites (collectively and individually, \"External Services\"). You agree to use the External Services at your sole\nrisk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External\nServices, and shall not be liable for any such third-party External Services. Data displayed by any Licensed\nApplication or External Service, including but not limited to financial, medical and location information, is for\ngeneral informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External\nServices in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual\n\nproperty rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk,\nthreaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services\nmay not be available in all languages or in your Home Country, and may not be appropriate or available for use in\nany particular location. To the extent you choose to use such External Services, you are solely responsible for\ncompliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose\naccess restrictions or limits on any External Services at any time without notice or liability to you.\ne. WARRANTY: Licensor will use reasonable care and skill with respect to the provision of the Licensed\nApplication and any External Services performed or provided by the Licensed Application to you. Licensor does\nnot make any other promises or warranties about the External Services and in particular does not warrant that:\n(i) your used of the External Services will be uninterrupted or error-free;\n(ii) the External Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security\nintrusion, and Licensor disclaims any liability relating thereto. You shall be responsible for backing up your own\nsystem, including any Licensed Application that is stored on your system.\nf. Limitation of Liability.\n(i) Except as set out in section (ii) hereunder, in no case shall Licensor, its directors, officers, employees, affiliates,\nagents, contractors, principals or licensors be liable for any loss or damage caused by Licensor, its employees or\nagents where:\n(1) there is no breach of a legal duty of care owed to you by Licensor or by any of its employees or agents;\n(2) it is not a reasonably foreseeable result of any such breach;\n(3) any increase in loss or damage results from breach by you of any term of this End User Licence Agreement\n(\"Agreement\");\n(4) it results from a decision by Licensor to warn you, to suspend or terminate your access to the External\nServices, or to take any other action during the investigation of a suspected violation or as a result of Licensor’s\nconclusion that a violation of this Agreement has occurred;\n(5) it relates to loss of income, business or profits, or any loss or corruption of data in connection with your use of\nthe Licensed Application.\n(ii) Nothing in this Agreement removes or limits Licensor’s liability for fraud, gross negligence, wilful misconduct,\nor for death or personal injury caused by its negligence.\ng. You may not use or otherwise export or re-export the Licensed Application except as authorized by United\nStates law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but\nwithout limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed\ncountries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S.\nDepartment of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent\nand warrant that you are not located in any such country or on any such list. You also agree that you will not use\nthese products for any purposes prohibited by United States law, including, without limitation, the development,\ndesign, manufacture, or production of nuclear, missile, or chemical or biological weapons.\nh. U.S. Government End Users. The Licensed Application and related documentation are \"Commercial Items\",\nas that term is defined at 48 C.F.R. §2.101, consisting of \"Commercial Computer Software\" and \"Commercial\nComputer Software Documentation\", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as\napplicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the\nCommercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S.\nGovernment end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end\nusers pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the\nUnited States.\ni. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship\nbetween you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law\nprovisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within\nthe county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are\nnot a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d)\nyou are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from\nthis Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law\nprovisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state,\nprovince or country identified below whose law governs:\nIf you are a resident of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the\ngoverning law and forum shall be the laws and courts of your usual place of residence.\nSpecifically excluded from application to this Agreement is that law known as the United Nations Convention on\nthe International Sale of Goods.\n\nH. ADDITIONAL TERMS FOR CERTAIN CONTENT ACQUIRED FROM THIRD PARTIES\nSome Content available in Apple Books, App Store, and Apple Podcasts (including Apple Podcast\nSubscriptions) are acquired by You from the third-party provider of such Content (as displayed on the product\npage and/or during the acquisition process for the relevant Content), not Apple. For example, Apple Books\nContent is acquired from book publishers, not Apple. In such case, Apple acts as an agent for the Content\nprovider in providing the Content to you, and therefore Apple is not a party to the Transaction between you and\nthe Content provider. However, if you are a customer of Apple Distribution International Ltd., Apple Distribution\nInternational Ltd. is the merchant of record for the Content you acquire, but such Content is licensed by the\nContent provider. The Content provider reserves the right to enforce the terms of use relating to such Content.\nThe Content provider is solely responsible for such Content, any warranties to the extent that such warranties\nhave not been disclaimed, and any claims that you or any other party may have relating to such Content.\nI. ADDITIONAL APPLE MUSIC TERMS\niCloud Music Library is an Apple Music feature that allows you to access your matched or uploaded songs,\nplaylists and music videos acquired from Apple Music, the iTunes Store or another source (“iCloud Music Library\nContent”) on your Apple Music-enabled devices. iCloud Music Library is turned on automatically when you set\nup your Apple Music membership. iCloud Music Library collects information about your iCloud Music Library\nContent. This information is associated with your Apple ID, and compared to iCloud Music Library Content\ncurrently available on Apple Music. iCloud Music Library Content that is not matched is uploaded to Apple’s\niCloud Music Library servers (in a format determined by Apple). You can upload up to 100,000 songs. Songs\nacquired from the iTunes Store do not count against this limit. Songs that do not meet certain criteria (for\nexample, excessively large files) or that are not authorized for your device are not eligible for iCloud Music\nLibrary. When you use iCloud Music Library, Apple logs information such as the tracks you play, stop or skip, the\ndevices you use, and the time and duration of playback. You agree to use iCloud Music Library only for lawfully\nacquired content. iCloud Music Library is provided on an “AS IS” basis and could contain errors or inaccuracies.\nYou should back up your data and information prior to using iCloud Music Library. If you are not an Apple Music\nmember, you may purchase an iTunes Match subscription, which uses iCloud Music Library. When your Apple\nMusic membership ends, you will lose access to your iCloud Music Library, including iCloud Music Library\nContent that is uploaded to iCloud Music Library servers.\nJ. ADDITIONAL APPLE FITNESS+ TERMS\nApple Fitness+ is for entertainment and/or informational purposes only and is not intended to provide any\nmedical advice. You should always seek the advice of an appropriately qualified healthcare professional\nregarding (a) the safety and advisability of any given activity, or (b) any specific medical condition or symptoms.\nK. CARRIER MEMBERSHIP\nWhere available, you may be offered to purchase a Service membership from your wireless carrier (a “Carrier\nMembership”). If you purchase a Carrier Membership, your carrier is the merchant of record, which means that\nyou acquire the Service license from your carrier, which will bill you for the cost of your Service membership, but\nthe Service is licensed and provided by Apple. Your purchase relationship with the carrier is governed by the\ncarrier’s terms and conditions, not this Agreement, and any billing disputes related to a Carrier Membership must\nbe directed to your carrier, not Apple. By using a Service through a Carrier Membership, you agree that your\ncarrier may exchange your carrier account information, telephone number and subscription information with\nApple, and that Apple may use this information to determine the status of your Carrier Membership.\nL. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES\nDEFINITION OF APPLE\nDepending on your Home Country, “Apple” means:\nApple Inc., located at One Apple Park Way, Cupertino, California, for users in the United States, including Puerto\nRico;\nApple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in\nCanada;\nApple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida, for users in Mexico,\nCentral or South America, or any Caribbean country or territory (excluding Puerto Rico);\niTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan;\nApple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia or New\nZealand, including in any of their territories, or affiliated jurisdictions; and\nApple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all\nother users.\nCONTRACT CHANGES\n\nApple reserves the right at any time to modify this Agreement and to add new or additional terms or conditions\non your use of the Services. Such modifications and additional terms and conditions will be communicated to\nyou and if accepted, will be effective immediately and will be incorporated into this Agreement. In the event you\nrefuse to accept such changes, Apple will have the right to terminate the Agreement.\nTHIRD-PARTY MATERIALS\nApple is not responsible or liable for third party materials included within or linked from the Content or the\nServices.\nINTELLECTUAL PROPERTY\nYou agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips,\neditorial content, and the scripts and software used to implement the Services, contain proprietary information\nand material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and\nother laws, including but not limited to copyright. You agree that you will not use such proprietary information or\nmaterials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance\nwith this Agreement. No portion of the Content or Services may be transferred or reproduced in any form or by\nany means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or\ndistribute the Services or Content in any manner, and you shall not exploit the Services in any manner not\nexpressly authorized.\nThe Apple name, the Apple logo, iTunes, iTunes Store, App Store, Apple Books, Apple Music, Apple TV, Apple\nTV+, Apple Arcade, Apple News, Apple News+, Apple One, Apple Podcasts, Apple Fitness+, and other Apple\ntrademarks, service marks, graphics, and logos used in connection with the Services are trademarks or\nregistered trademarks of Apple in the U.S. and other countries throughout the world. You are granted no right or\nlicense with respect to any of the aforesaid trademarks.\nCOPYRIGHT\nUnless otherwise noted, Services and Content provided by Apple are copyrights of Apple Inc. and its\nsubsidiaries.\nIf you believe that any Content available through the Services infringe a copyright claimed by you, please contact\nApple at the following locations:\n- Third Party Apps: https://www.apple.com/legal/internet-services/itunes/appstorenotices/\n- Apple Books: https://www.apple.com/legal/internet-services/itunes/applebooksnotices/\n- Apple TV+ and Apple Fitness+: https://www.apple.com/legal/internet-services/itunes/appletvplusnotices/\n- Apple News: https://www.apple.com/legal/internet-services/itunes/applenewsnotices/\n- All other Services (including but not limited to iTunes Store, Apple Music, and Apple\nPodcasts): https://www.apple.com/legal/internet-services/itunes/itunesstorenotices/\nTERMINATION AND SUSPENSION OF SERVICES\nIf you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple\nmay, without notice to you: (i) terminate this Agreement and/or your Apple ID, and you will remain liable for all\namounts due under your Apple ID up to and including the date of termination; and/or (ii) terminate your license to\nthe software; and/or (iii) preclude your access to the Services.\nApple further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at\nany time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise\nsuch rights. To the extent possible, Apple will warn you in advance of any modification, suspension or\ndiscontinuance of the Service. Termination of the Service will not affect the Content that you have already\nacquired. However, you may be unable to authorise additional computers to use the Content.\nDISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS\na. Apple will provide the Services with reasonable care and skill. Apple does not make any other promises or\nwarranties about the Services and in particular does not warrant that:\n(i) your use of the Service will be uninterrupted or error-free. You agree that from time to time Apple may remove\nthe Service for indefinite periods of time, or cancel the Services at any time for technical or operational reasons\nand will, to the extent practicable, notify you of this;\n(ii) the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion\nwhich shall be events of Force Majeure, and Apple disclaims any liability relating thereto. You shall be responsible\nfor backing up your own system, including any Content purchased, acquired or rented from the Service.\nb. YOU AGREE THAT UNLESS REQUIRED BY APPLICABLE LAW, APPLE HAS NO RESPONSIBILITY TO\nCONTINUE MAKING CONTENT AVAILABLE TO YOU THROUGH OUR SERVICES, AND APPLE WILL NOT BE\n\nLIABLE TO YOU IF CONTENT, INCLUDING PURCHASED CONTENT, BECOMES UNAVAILABLE FOR\nDOWNLOAD OR STREAMING.\nc. Except as set out in (e) below, or in the event that you are exercising any applicable statutory right to refund or\ncompensation, in no case shall Apple, its directors, officers, employees, affiliates, agents, contractors, or\nlicensors be liable for any loss or damage caused by Apple, its employees or agents where:\n(i) there is no breach of a legal duty of care owed to you by Apple or by any of our employees or agents;\n(ii) it is not a reasonably foreseeable result of any such breach;\n(iii) any increase in loss or damage results from breach by you of any term of this Agreement;\n(iv) it results from a decision by Apple to remove or refuse to process any information or content, to warn you, to\nsuspend or terminate your access to the Service, or to take any other action during the investigation of a\nsuspected violation or as a result of Apple’s conclusion that a violation of this Agreement has occurred; or\n(v) it relates to loss of income, business or profits, or any loss of data or corruption of data in connection with\nyour use of the Services.\nd. Apple shall use reasonable efforts to protect information submitted by you in connection with the Services\nincluding from fraudulent use.\ne. Nothing in this Agreement removes or limits Apple’s liability for fraud, gross negligence, wilful misconduct, or\nfor death or personal injury.\nf. If you breach this Agreement, you will be liable to Apple, its directors, officers, employees, affiliates, agents,\ncontractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by\nApple as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or\ndecision that a violation of this Agreement has occurred.\ng. APPLE IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE\nOF THE SERVICES.\nSTATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS\nIf you are a qualified public educational or government institution and any part of this Agreement, such as, by\nway of example, all or part of the indemnification section, is invalid or unenforceable against you because of\napplicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the\ncase may be, and instead construed in a manner most consistent with applicable governing law.\nGOVERNING LAW\nExcept to the extent expressly provided in the following paragraph, this Agreement and the relationship between\nyou and Apple, and all Transactions on the Services shall be governed by the laws of the State of California,\nexcluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction\nof the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this\nAgreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service\nfrom the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute\nor claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to\nany conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts\nlocated in the state, province or country identified below whose law governs:\nIf you are a resident of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the\ngoverning law and forum shall be the laws and courts of your usual place of residence.\nSpecifically excluded from application to this Agreement is that law known as the United Nations Convention on\nthe International Sale of Goods.\nOTHER PROVISIONS\nThis Agreement constitutes the entire agreement between you and Apple and governs your use of the Services,\nsuperseding any prior agreements with respect to the same subject matter between you and Apple. You also\nmay be subject to additional terms and conditions that may apply when you use affiliate services, third-party\ncontent, third-party software, or additional services such as the Volume Purchase Program. If any part of this\nAgreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with\napplicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions\nshall remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will not\nconstitute a waiver of such or any other provision. Apple will not be responsible for failures to fulfill any\nobligations due to causes beyond its control.\nYou agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that\napply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all\n\nelectronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Apple\nemployee or agent has the authority to vary this Agreement.\nApple may notify you with respect to the Services by sending an email message to your email address or a letter\nvia postal mail to your mailing address, or by a posting on the Services. Notices shall become effective\nimmediately. Apple may also contact you by email or push notification to send you additional information about\nthe Services.\nAlternative Dispute Resolution. The EU is operating a voluntary Online Dispute Resolution platform accessible via\nthe following link: http://ec.europa.eu/consumers/odr, in which Apple Distribution International Ltd. has opted not\nto participate. In case you experience a problem, contact iTunes Support\nhttps://www.apple.com/support/itunes/contact/.\nYou hereby grant Apple the right to take steps Apple believes are reasonably necessary or appropriate to enforce\nand/or verify compliance with any part of this Agreement. You agree that Apple has the right, without liability to\nyou, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third\nparty, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part\nof this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your\nuse of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is\nunlawful and/or infringes such third party's rights).\nLast Updated: 20 September 2021\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":0,"explanation":"Setting out in the ToS the main parameters used in the recommender system but not in a clear, accessible and easily comprehensible manner"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Cisco","url":"https://www.cisco.com/c/en/us/about/legal/cloud-and-software/end_user_license_agreement.html","lang":"ENG","sector":"Various","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"06.11.2020"},"document":{"title":"","text":"End User License Agreement\nCisco has simplified our licensing documents. Our EULA\nnow contains terms of use applicable to all Cisco software\n(on-premise and cloud-hosted), so we no longer rely on the\nUniversal Cloud Agreement (UCA) to govern the use of\ncloud-hosted software. Cisco’s updated End User License\nAgreement reduces duplication for our customers and\nsimplifies selling for our channel. \nEffective: November 6, 2020\nEnd User License Agreement (PDF - 621 KB)\nTable of Contents\nSection 1. Scope and Applicability\n\nSection 2. Using Cisco Technology\n\nSection 3. Additional Conditions of Use\n\nSection 4. Fees\n\nSection 5. Confidential Information and Use of Data\n\nSection 6. Ownership\n\nSection 7. Indemnification\n\nSection 8. Warranties and Representations\n\nSection 9. Liability\n\nSection 10. Termination and Suspension\n\nSection 11. Verification\n\nSection 12. General Provisions\n\nSection 13. Definitions\n\n\nSection 1. Scope and Applicability\nThis End User License Agreement (“EULA”) between You\nand Cisco covers Your use of the Software and Cloud\nServices \n(“Cisco \nTechnology”). \nThis \ndocument \nalso\nincorporates any Product Specific Terms that may apply to\nthe Cisco Technology You acquire. Definitions of capitalized\nterms are in Section 13 (Definitions).\nYou agree to be bound by the terms of this EULA through\n(a) Your download, installation, or use of the Cisco\nTechnology; or (b) Your express agreement to this EULA.\nIf You do not have authority to enter into this EULA or You\ndo not agree with its terms, do not use the Cisco\nTechnology. You may request a refund for the Software\nwithin 30 days of Your initial purchase provided You return\nthe Software to the Approved Source and disable or\nuninstall it. This paragraph does not apply where You have\nexpressly agreed to end user license terms with Cisco as\npart of a transaction with an Approved Source.\n Section 2. Using Cisco Technology\n2.1. License and Right to Use. Cisco grants You a non-\nexclusive, non-transferable (except with respect to\nSoftware as permitted under the Cisco Software Transfer\nand Re-Use Policy) (a) license to use the Software;\nand (b) right to use the Cloud Services, both as acquired\nfrom an Approved Source, for Your direct benefit during\n\nthe Usage Term and as set out in Your Entitlement and\nthis EULA (collectively, the “Usage Rights”).\n2.2. Use by Third Parties. You may permit Authorized Third\nParties to exercise the Usage Rights on Your behalf,\nprovided that You are responsible for (a) ensuring that\nsuch Authorized Third Parties comply with this EULA\nand (b) any breach of this EULA by such Authorized\nThird Parties.\n2.3. Beta and Trial Use. If Cisco grants You Usage Rights in\nthe applicable Cisco Technology on a trial, evaluation,\nbeta or other free-of-charge basis (“Evaluation Software\nand Services”), You may only use the Evaluation\nSoftware and Services on a temporary basis for the\nperiod limited by the license key or specified by Cisco in\nwriting. If there is no period identified, such use is\nlimited to 30 days after the Evaluation Software and\nServices are made available to You. If You fail to stop\nusing and/or return the Evaluation Software and\nServices or the equipment on which it is authorized for\nuse by the end of the trial period, You may be invoiced\nfor its list price and agree to pay such invoice. Cisco, in\nits discretion, may stop providing the Evaluation\nSoftware and Services at any time, at which point You\nwill no longer have access to any related data,\ninformation, and files and must immediately cease using\nthe Cisco Technology. The Evaluation Software and\nServices may not have been subject to Cisco’s usual\ntesting and quality assurance processes and may\n\ncontain bugs, errors, or other issues. Except where\nagreed to in writing by Cisco, You will not put Evaluation\nSoftware and Services into production use. Cisco\nprovides Evaluation Software and Services “AS-IS”\nwithout support or any express or implied warranty or\nindemnity for any problems or issues, and Cisco will not\nhave any liability relating to Your use of the Evaluation\nSoftware and Services.\n2.4. Upgrades or Additional Copies of Software. You may\nonly use Upgrades or additional copies of the Software\nbeyond Your license Entitlement if You have (a) acquired\nsuch rights under a support agreement covering the\napplicable Software; or (b) You have purchased the right\nto use Upgrades or additional copies separately.\n2.5. Interoperability of Software. If required by law and upon\nYour request, Cisco will provide You with the information\nneeded to achieve interoperability between the Software\nand another independently created program, provided\nYou agree to any additional terms reasonably required\nby Cisco. You will treat such information as Confidential\nInformation.\n2.6. Subscription Renewal. \nUsage \nRights \nin \nCisco\nTechnology acquired on a subscription basis will\nautomatically renew for the renewal period indicated on\nthe order You or Your Cisco Partner placed with\nCisco (“Renewal Term”) unless: (a) You notify Your\nApproved Source in writing at least 45 days before the\n\nend of Your then-current Usage Term of Your intention\nnot to renew; or (b) You or Your Cisco Partner elect not\nto auto-renew at the time of the initial order placed with\nCisco. Your Approved Source will notify You reasonably\nin advance of any Renewal Term if there are fee\nchanges. The new fees will apply for the upcoming\nRenewal Term unless You or Your Cisco Partner\npromptly notify Cisco in writing, before the renewal date,\nthat You do not accept the fee changes. In that case,\nYour subscription will terminate at the end of the current\nUsage Term.\nSection 3. Additional Conditions of Use\n3.1. Cisco Technology Generally. Unless expressly agreed\nby Cisco, You may not (a) transfer, sell, sublicense,\nmonetize or make the functionality of any Cisco\nTechnology available to any third party; (b) use the\nSoftware on second hand or refurbished Cisco\nequipment not authorized by Cisco, or use Software that\nis licensed for a specific device on a different device\n(except as permitted under Cisco’s Software License\nPortability Policy); (c) remove, modify, or conceal any\nproduct identification, copyright, proprietary, intellectual\nproperty notices or other marks; (d) reverse engineer,\ndecompile, decrypt, disassemble, modify, or make\nderivative works of the Cisco Technology; or (e) use\nCisco Content other than as part of Your permitted use\nof the Cisco Technology.\n\n3.2. Cloud Services. You will not intentionally (a) interfere\nwith other customers’ access to, or use of, the Cloud\nService, or with its security; (b) facilitate the attack or\ndisruption of the Cloud Service, including a denial of\nservice attack, unauthorized access, penetration testing,\ncrawling, or distribution of malware (including viruses,\ntrojan horses, worms, time bombs, spyware, adware,\nand cancelbots); (c) cause an unusual spike or increase\nin Your use of the Cloud Service that negatively impacts\nthe Cloud Service’s operation; or (d) submit any\ninformation that is not contemplated in the applicable\nDocumentation.\n3.3. Evolving Cisco Technology. Cisco may: (a) enhance or\nrefine a Cloud Service, although in doing so, Cisco will\nnot materially reduce the core functionality of that Cloud\nService, except as contemplated in this Section; and (b)\nperform scheduled maintenance of the infrastructure and\nsoftware used to provide a Cloud Service, during which\ntime You may experience some disruption to that Cloud\nService. Whenever reasonably practicable, Cisco will\nprovide \nYou \nwith \nadvance \nnotice \nof \nsuch\nmaintenance. You acknowledge that, from time to time,\nCisco may need to perform emergency maintenance\nwithout providing You advance notice, during which time\nCisco may temporarily suspend Your access to, and use\nof, the Cloud Service. \n Cisco may end the life of Cisco Technology, including\ncomponent functionality (“EOL”), by providing written\n\nnotice on Cisco.com. If You or Your Approved Source\nprepaid a fee for Your use of the Cisco Technology that\nbecomes EOL before the expiration of Your then-current\nUsage Term, Cisco will use commercially reasonable\nefforts to transition You to a substantially similar Cisco\nTechnology. If Cisco does not have substantially similar\nCisco Technology, then Cisco will credit You or Your\nApproved Source any unused portion of the prepaid fee\nfor the Cisco Technology that has been declared EOL\n(“EOL Credit”). The EOL Credit will be calculated from\nthe last date the applicable Cisco Technology is\navailable to the last date of the applicable Usage\nTerm. Such credit can be applied towards the future\npurchase of Cisco products.\n3.4. Protecting Account Access. You will keep all account\ninformation up to date, use reasonable means to protect\nYour account information, passwords and other login\ncredentials, and promptly notify Cisco of any known or\nsuspected unauthorized use of or access to Your\naccount. \n3.5. Use with Third Party Products. If You use the Cisco\nTechnology together with third-party products, such use\nis at Your risk. You are responsible for complying with\nany third-party provider terms, including its privacy\npolicy. Cisco does not provide support or guarantee\nongoing integration support for products that are not a\nnative part of the Cisco Technology.\n\n3.6. Open Source Software. Open source software not\nowned by Cisco is subject to separate license terms as\nset out at www.cisco.com/go/opensource. The applicable\nopen source software licences will not materially or\nadversely affect Your ability to exercise Usage Rights in\napplicable Cisco Technology.\nSection 4. Fees\n\nTo the extent permitted by law, orders for the Cisco\nTechnology are non-cancellable. Fees for Your use of Cisco\nTechnology are set out in Your purchase terms with Your\nApproved Source. If You use Cisco Technology beyond\nYour Entitlement (“Overage”), the Approved Source may\ninvoice You, and You agree to pay, for such Overage.\nSection 5. Confidential Information and Use of Data\n5.1. Confidentiality. Recipient will hold in confidence and use\nno less than reasonable care to avoid disclosure of any\nConfidential Information to any third party, except for its\nemployees, affiliates, and contractors who have a need\nto know (“Permitted Recipients”). Recipient: (a) must\nensure that its Permitted Recipients are subject to\nwritten confidentiality obligations no less restrictive than\nthe Recipient’s obligations under this EULA, and (b) is\nliable for any breach of this Section by its Permitted\nRecipients. Such nondisclosure obligations will not apply\nto information that: (i) is known by Recipient without\nconfidentiality obligations; (ii) is or has become public\nknowledge through no fault of Recipient; or (iii) is\n\nindependently developed by Recipient. Recipient may\ndisclose Discloser’s Confidential Information if required\nunder a regulation, law or court order provided that\nRecipient provides prior notice to Discloser (to the extent\nlegally permissible) and reasonably cooperates, at\nDiscloser’s \nexpense, \nregarding \nprotective \nactions\npursued by Discloser. Upon the reasonable request of\nDiscloser, Recipient will either return, delete or destroy\nall Confidential Information of Discloser and certify the\nsame.\n5.2. How We Use Data. Cisco will access, process and use\ndata in connection with Your use of the Cisco\nTechnology in accordance with applicable privacy and\ndata protection laws. For further detail, please\nvisit Cisco’s Security and Trust Center.\n5.3. Notice and Consent. To the extent Your use of the Cisco\nTechnology requires it, You are responsible for providing\nnotice to, and obtaining consents from, individuals\nregarding the collection, processing, transfer and\nstorage of their data through Your use of the Cisco\nTechnology. \nSection 6. Ownership\nExcept where agreed in writing, nothing in this EULA\ntransfers ownership in, or grants any license to, any\nintellectual property rights. You retain any ownership of\nYour content and Cisco retains ownership of the Cisco\nTechnology and Cisco Content. Cisco may use any\n\nfeedback You provide in connection with Your use of\nthe Cisco Technology as part of its business operations.\nSection 7. Indemnification\n7.1. Claims. Cisco will defend any third-party claim against\nYou that Your valid use of Cisco Technology under Your\nEntitlement infringes a third party's patent, copyright or\nregistered trademark (the “IP Claim”). Cisco will\nindemnify You against the final judgment entered by a\ncourt of competent jurisdiction or any settlements arising\nout of an IP Claim, provided that You: (a) promptly notify\nCisco in writing of the IP Claim; (b) fully cooperate with\nCisco in the defense of the IP Claim; and (c) grant Cisco\nthe right to exclusively control the defense and\nsettlement of the IP Claim, and any subsequent\nappeal. Cisco will have no obligation to reimburse You\nfor attorney fees and costs incurred prior to Cisco's\nreceipt of notification of the IP Claim. You, at Your own\nexpense, may retain Your own legal representation.\n7.2. Additional Remedies. If an IP Claim is made and\nprevents Your exercise of the Usage Rights, Cisco will\neither procure for You the right to continue using the\nCisco Technology or replace or modify the Cisco\nTechnology \nwith \nfunctionality \nthat \nis \nat \nleast\nequivalent. Only if Cisco determines that these\nalternatives are not reasonably available, Cisco may\nterminate Your Usage Rights granted under this EULA\nupon written notice to You and will refund You a prorated\n\nportion of the fee You paid for the Cisco Technology for\nthe remainder of the unexpired Usage Term.\n7.3. Exclusions. Cisco has no obligation with respect to any\nIP Claim based on: (a) compliance with any designs,\nspecifications, or requirements You provide or a third\nparty provides on Your behalf; (b) Your modification of\nany Cisco Technology or modification by a third party; (c)\nthe amount or duration of use made of the Cisco\nTechnology, revenue You earned, or services You\noffered; (d) combination, operation, or use of Cisco\nTechnology with non-Cisco products, software or\nbusiness processes; (e) Your failure to modify or replace\nCisco Technology as required by Cisco; or (f) any Cisco\nTechnology provided on a no charge, beta or evaluation\nbasis.\n7.4. This Section 7 states Cisco’s entire obligation and Your\nexclusive remedy regarding any IP Claims against You.\nSection 8. Warranties and Representations\n8.1. Performance. Cisco warrants that: (a) for a period of 90\ndays from the Delivery Date or longer as stated in\nDocumentation, or on www.cisco.com/go/warranty, the\nSoftware substantially complies with the Documentation;\nand (b) during the Usage Term, it provides the Cloud\nServices with commercially reasonable skill and care in\naccordance with the Documentation and Product\nSpecific Terms.\n\n8.2. Malicious Code. Cisco will use commercially reasonable\nefforts to deliver the Cisco Technology free of Malicious\nCode.\n8.3. Qualifications. Sections 8.1 and 8.2 do not apply if the\nCisco Technology or the equipment on which it is\nauthorized for use: (a) has been altered, except by Cisco\nor its authorized representative; (b) has been subjected\nto abnormal physical conditions, accident or negligence,\nor installation or use inconsistent with this EULA or\nCisco’s instructions; (c) is acquired on a no charge, beta\nor evaluation basis; (d) is not a Cisco-branded product or\nservice; or (e) has not been provided by an Approved\nSource. Upon Your prompt written notification to the\nApproved Source during the warranty period of Cisco’s\nbreach of this Section 8, Your sole and exclusive remedy\n(unless otherwise required by applicable law) is, at\nCisco’s option, either (i) repair or replacement of the\napplicable Cisco Technology or (ii) a refund of the (a)\nlicense fees paid or due for the non-conforming\nSoftware, or (b) the fees paid for the period in which the\nCloud Service did not comply, excluding any amounts\npaid under a service level agreement/objective, if\napplicable. \n Where Cisco provides a refund of license fees paid for\nSoftware, You must return or destroy all copies of the\napplicable Software. Except as expressly stated in this\nSection, to the extent allowed by applicable law, Cisco\nexpressly disclaims all warranties and conditions of any\n\nkind, express or implied, including without limitation any\nwarranty, condition or other implied term as to\nmerchantability, fitness for a particular purpose or non-\ninfringement, or that the Cisco Technology will be\nsecure, uninterrupted or error free. If You are a\nconsumer, You may have legal rights in Your country of\nresidence that prohibit the limitations set out in this\nSection from applying to You, and, where prohibited,\nthey will not apply.\nSection 9. Liability\nNeither party will be liable for indirect, incidental, exemplary,\nspecial or consequential damages; loss or corruption of data\nor interruption or loss of business; or loss of revenues,\nprofits, goodwill or anticipated sales or savings. The\nmaximum aggregate liability of each party under this EULA\nis limited to (a) for claims solely arising from Software\nlicensed on a perpetual basis, the fees received by Cisco for\nthat Software; or (b) for all other claims, the fees received by\nCisco for the applicable Cisco Technology and attributable to\nthe 12 month period immediately preceding the first event\ngiving rise to such liability.\nThese limitations of liability do not apply to liability arising\nfrom (a) Your failure to pay all amounts due; or (b) Your\nbreach of Sections 2.1 (License and Right to Use), 3.1\n(Cisco Technology Generally), 3.2 (Cloud Services) or 12.8\n(Export). This limitation of liability applies whether the claims\nare in warranty, contract, tort (including negligence),\n\ninfringement, or otherwise, even if either party has been\nadvised of the possibility of such damages. Nothing in this\nEULA limits or excludes any liability that cannot be limited or\nexcluded under applicable law. This limitation of liability is\ncumulative and not per incident.\nSection 10. Termination and Suspension\n10.1. Suspension. Cisco may immediately suspend Your\nUsage Rights if You breach Sections 2.1 (License and\nRight to Use), 3.1 (Cisco Technology Generally), 3.2\n(Cloud Services) or 12.8 (Export). \n10.2. Termination. If a party materially breaches this EULA\nand does not cure that breach within 30 days after\nreceipt of written notice of the breach, the non-\nbreaching party may terminate this EULA for cause.\nCisco may immediately terminate this EULA if You\nbreach Sections 2.1 (License and Right to Use), 3.1\n(Cisco Technology Generally), 3.2 (Cloud Services) or\n12.8 (Export). Upon termination of the EULA, You must\nstop using the Cisco Technology and destroy any\ncopies of Software and Confidential Information within\nYour control. If this EULA is terminated due to Cisco’s\nmaterial breach, Cisco will refund You or Your\nApproved Source, the prorated portion of fees You\nhave prepaid for the Usage Rights beyond the date of\ntermination. Upon Cisco’s termination of this EULA for\nYour material breach, You will pay Cisco or the\nApproved Source any unpaid fees through to the end of\n\nthe then-current Usage Term. If You continue to use or\naccess any Cisco Technology after termination, Cisco\nor the Approved Source may invoice You, and You\nagree to pay, for such continued use.\nSection 11. Verification\nDuring the Usage Term and for a period of 12 months after\nits expiry or termination, You will take reasonable steps to\nmaintain complete and accurate records of Your use of the\nCisco Technology sufficient to verify compliance with this\nEULA (“Verification Records”). Upon reasonable advance\nnotice, and no more than once per 12 month period, You\nwill, within 30 days from Cisco’s notice, allow Cisco and its\nauditors access to the Verification Records and any\napplicable books, systems (including Cisco product(s) or\nother equipment), and accounts during Your normal\nbusiness hours. If the verification process discloses\nunderpayment of fees: (a) You will pay such fees; and (b)\nYou will also pay the reasonable cost of the audit if the fees\nowed to Cisco as a result exceed the amounts You paid for\nYour Usage Rights by more than 5%.\n\nSection 12. General Provisions\n12.1. Survival. Sections 4, 5, 6, 8, 9, 10, 11 and 12 survive\ntermination or expiration of this EULA.\n12.2. Third Party Beneficiaries. This EULA does not grant\nany right or cause of action to any third party.\n\n12.3. Assignment and Subcontracting. Except as set out\nbelow, neither party may assign or novate this EULA in\nwhole or in part without the other party’s express\nwritten consent. Cisco may (a) by written notice to You,\nassign or novate this EULA in whole or in part to an\nAffiliate of Cisco, or otherwise as part of a sale or\ntransfer of any part of its business; or (b) subcontract\nany performance associated with the Cisco Technology\nto third parties, provided that such subcontract does\nnot relieve Cisco of any of its obligations under this\nEULA. \n12.4. U.S. Government End Users. The Software, Cloud\nServices and Documentation are deemed to be\n“commercial computer software” and “commercial\ncomputer software documentation” pursuant to FAR\n12.212 and DFARS 227.7202. All U.S. Government\nend users acquire the Software, Cloud Services and\nDocumentation with only those rights set forth in this\nEULA. Any provisions that are inconsistent with federal\nprocurement regulations are not enforceable against\nthe U.S. Government.\n12.5. Cisco Partner Transactions. If You purchase Cisco\nTechnology from a Cisco Partner, the terms of this\nEULA apply to Your use of that Cisco Technology and\nprevail over any inconsistent provisions in Your\nagreement with the Cisco Partner.\n\n12.6. Modifications to the EULA. Cisco may change this\nEULA or any of its components by updating this EULA\non Cisco.com. Changes to the EULA apply to any\nEntitlements acquired or renewed after the date of\nmodification. \n12.7. Compliance with Laws. Each party will comply with all\nlaws and regulations applicable to their respective\nobligations under this EULA. Cisco may restrict the\navailability of the Cisco Technology in any particular\nlocation or modify or discontinue features to comply\nwith applicable laws and regulations. \n If You use the Cisco Technology in a location with\nlocal laws requiring a designated entity to be\nresponsible for collection of data about individual end\nusers and transfer of data outside of that jurisdiction\n(e.g. Russia and China), You acknowledge that You are\nthe entity responsible for complying with such laws.\n12.8. Export. Cisco’s Software, Cloud Services, products,\ntechnology \nand \nservices \n(collectively \nthe\n“Cisco Products”) are subject to U.S. and local export\ncontrol and sanctions laws. You acknowledge and\nagree to the applicability of and Your compliance with\nthose laws, and You will not receive, use, transfer,\nexport or re-export any Cisco Products in a way that\nwould cause Cisco to violate those laws. You also\nagree \nto \nobtain \nany \nrequired \nlicenses \nor\nauthorizations. \n\n12.9. Governing Law and Venue. This EULA, and any\ndisputes arising from it, will be governed exclusively by\nthe applicable governing law below, based on Your\nprimary place of business and without regard to\nconflicts of laws rules or the United Nations Convention\non the International Sale of Goods. The courts located\nin the applicable venue below will have exclusive\njurisdiction to adjudicate any dispute arising out of or\nrelating to the EULA or its formation, interpretation or\nenforcement. Each party hereby consents and submits\nto the exclusive jurisdiction of such courts. Regardless\nof the below governing law, either party may seek\ninterim injunctive relief in any court of appropriate\njurisdiction with respect to any alleged breach of\nCisco’s intellectual property or proprietary rights. \nYour Primary Place of\nBusiness\nGoverning Law\nJurisdiction and Venue\nAny location not\nspecified below\nState of California, United\nStates of America\nSuperior Court of California,\nCounty of Santa Clara and\nFederal Courts of the Northern\nDistrict of California\nAustralia\nLaws of the State of New\nSouth Wales, Australia\nState and Federal Courts of New\nSouth Wales\nCanada\nProvince of Ontario, Canada\nCourts of the Province of Ontario\nChina\n\nLaws of the People’s Republic\nof China\nHong Kong International\nArbitration Center\nEurope (excluding\nItaly), Middle East,\nAfrica, Asia (excluding\nJapan and China),\nOceania (excluding\nAustralia)\nLaws of England\nEnglish Courts \nItaly\nLaws of Italy\nCourt of Milan\nJapan\nLaws of Japan\nTokyo District Court of Japan\nUnited States, Latin\nAmerica or the\nCaribbean\nState of California, United\nStates of America\nSuperior Court of California,\nCounty of Santa Clara and\nFederal Courts of the Northern\nDistrict of California\nIf You are a United States public sector agency or\ngovernment institution located in the United States, the laws\nof the primary jurisdiction in which You are located will\ngovern the EULA and any disputes arising from it. For U.S.\nFederal Government customers, this EULA will be controlled\nand construed under the laws of the United States of\nAmerica. \n12.10. Notice. Any notice delivered by Cisco to You under\nthis EULA will be delivered via email, regular mail or\npostings on Cisco.com. Notices to Cisco should be\n\nsent to Cisco Systems, Office of General Counsel, 170\nTasman Drive, San Jose, CA 95134 unless this EULA,\napplicable Product Specific Terms or an order\nspecifically allows other means of notice. \n12.11. Force Majeure. Except for payment obligations,\nneither party will be responsible for failure to perform\nits obligations due to an event or circumstances\nbeyond its reasonable control.\n12.12. NoWaiver. Failure by either party to enforce any right\nunder this EULA will not waive that right.\n12.13. Severability. If any portion of this EULA is not\nenforceable, it will not affect any other terms.\n12.14. Entire agreement. This EULA is the complete\nagreement between the parties with respect to the\nsubject matter of this EULA and supersedes all prior or\ncontemporaneous communications, understandings or\nagreements (whether written or oral). \n12.15. Translations. Cisco may provide local language\ntranslations of this EULA in some locations. You agree\nthat those translations are provided for informational\npurposes only and if there is any inconsistency, the\nEnglish version of this EULA will prevail.\n12.16. Order of Precedence. If there is any conflict between\nthis EULA and any Product Specific Terms expressly\nreferenced in this EULA, the order of precedence is:\n\n(a) such Product Specific Terms; (b) this EULA\n(excluding the Product Specific Terms and any Cisco\npolicies); then (c) any applicable Cisco policy expressly\nreferenced in this EULA. \nSection 13. Definitions\n“Affiliate” means any corporation or company that directly or\nindirectly controls, or is controlled by, or is under common\ncontrol with the relevant party, where “control” means to: (a)\nown more than 50% of the relevant party; or (b) be able to\ndirect the affairs of the relevant party through any lawful\nmeans (e.g., a contract that allows control).\n“Approved Source” means Cisco or a Cisco Partner.\n“Authorized Third Parties” means Your Users, Your Affiliates,\nYour third-party service providers, and each of their\nrespective Users permitted to access and use the Cisco\nTechnology on Your behalf as part of Your Entitlement.\n“Cisco” “we” “our” or “us” means Cisco Systems, Inc. or its\napplicable Affiliate(s).\n“Cisco Content” means any (a) content or data provided by\nCisco to You as part of Your use of the Cisco Technology\nand (b) content or data that the Cisco Technology\ngenerates or derives in connection with Your use. Cisco\nContent includes geographic and domain information, rules,\nsignatures, threat intelligence and data feeds and Cisco’s\ncompilation of suspicious URLs.\n\n“Cisco Partner” means a Cisco authorized reseller,\ndistributor or systems integrator authorized by Cisco to sell\nCisco Technology.\n“Cloud Service” means the Cisco hosted software-as-a-\nservice offering or other Cisco cloud-enabled feature\ndescribed in the applicable Product Specific Terms. Cloud\nService includes applicable Documentation and may also\ninclude Software.\n“Confidential Information” means non-public proprietary\ninformation of the disclosing party (“Discloser”) obtained by\nthe receiving party (“Recipient”) in connection with this\nEULA, which is (a) conspicuously marked as confidential or,\nif verbally disclosed, is summarized in writing to the\nRecipient within 14 days and marked as confidential; or (b)\nis information which by its nature should reasonably be\nconsidered confidential whether disclosed in writing or\nverbally.\n“Delivery Date” means the date agreed in Your Entitlement,\nor where no date is agreed: (a) where Usage Rights in\nSoftware or Cloud Services are granted separately: (i) for\nSoftware, the earlier of the date Software is made available\nfor download or installation, or the date that Cisco ships the\ntangible media containing the Software, and (ii) for Cloud\nServices, the date on which the Cloud Service is made\navailable for Your use; or (b) where Usage Rights in\nSoftware and Cloud Services are granted together, the\nearlier of the date Software is made available for download,\n\nor the date on which the Cloud Service is made available for\nYour use.\n“Documentation” means the technical specifications and\nusage materials officially published by Cisco specifying the\nfunctionalities and capabilities of the applicable Cisco\nTechnology.\n“Entitlement” means the specific metrics, duration, and\nquantity of Cisco Technology that You commit to acquire\nfrom an Approved Source through individual acquisitions or\nYour participation in a Cisco buying program.\n“Malicious Code” means code that is designed or intended\nto disable or impede the normal operation of, or\nprovide unauthorizedaccess to, networks, systems,\nSoftware or Cloud Services other than as intended by the\nCisco Technology (for example, as part of some of Cisco’s\nsecurity products).\n“Product Specific Terms” means additional product related\nterms applicable to the Cisco Technology You acquire as set\nout at www.cisco.com/go/softwareterms.\n“Software” means the Cisco computer programs including\nUpgrades, firmware and applicable Documentation.\n“Upgrades” means all updates, upgrades, bug fixes, error\ncorrections, enhancements and other modifications to the\nSoftware.\n\n“Usage Term” means the period commencing on the\nDelivery Date and continuing until expiration or termination\nof the Entitlement, during which period You have the right to\nuse the applicable Cisco Technology.\n“User” means the individuals (including contractors or\nemployees) permitted to access and use the Cisco\nTechnology on Your behalf as part of Your Entitlement.\n“You” means the individual or legal entity purchasing the\nCisco Technology.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":0,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract, but only in relation to businesses"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Google","url":"https://policies.google.com/terms?hl=en&fg=1","lang":"ENG","sector":"Various","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Free","date":"05.01.2022"},"document":{"title":"","text":"GOOGLE TERMS OF SERVICE\nEffective January 5, 2022\nArchived versions\nCountry version: Poland\nWhat’s covered in these terms\nWe know it’s tempting to skip these Terms of Service, but\nit’s important to establish what you can expect from us as\nyou use Google services, and what we expect from you.\nThese Terms of Service reflect the way Google’s business works, the laws that apply to our company, and\ncertain things we’ve always believed to be true. As a result, these Terms of Service help define Google’s\nrelationship with you as you interact with our services. For example, these terms include the following topic\nheadings:\nWhat you can expect from us, which describes how we provide and develop our services\nWhat we expect from you, which establishes certain rules for using our services\nContent in Google services, which describes the intellectual property rights to the content you find in\nour services — whether that content belongs to you, Google, or others\nIn case of problems or disagreements, which describes other legal rights you have, and what to expect\nin case someone violates these terms\nUnderstanding these terms is important because, to use our services, you must accept these terms.\nBesides these terms, we also publish a Privacy Policy. Although it’s not part of these terms, we encourage\nyou to read it to better understand how you can update, manage, export, and delete your information.\nTerms\n\nService provider\nIn the European Economic Area (EEA) and Switzerland, Google services are provided by, and you’re\ncontracting with:\nGoogle Ireland Limited\nincorporated and operating under the laws of Ireland\n(Registration Number: 368047 / VAT Number: IE6388047V)\nGordon House, Barrow Street\nDublin 4\nIreland\nAge requirements\nIf you’re under the age required to manage your own Google Account, you must have your parent or legal\nguardian’s permission to use a Google Account. Please have your parent or legal guardian read these terms\nwith you.\nIf you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to\nyou and you’re responsible for your child’s activity on the services.\nSome Google services have additional age requirements as described in their service-specific additional\nterms and policies.\nYour relationship with Google\nThese terms help define the relationship between you and Google. Broadly speaking, we give you permission\nto use our services if you agree to follow these terms, which reflect how Google’s business works and how\nwe earn money. When we speak of “Google,” “we,” “us,” and “our,” we mean Google Ireland Limited and its\naffiliates.\n\nWhat you can expect from us\nProvide a broad range of useful services\nWe provide a broad range of services that are subject to these terms, including:\napps and sites (like Search and Maps)\nplatforms (like Google Shopping)\nintegrated services (like Maps embedded in other companies’ apps or sites)\ndevices (like Google Nest)\nMany of these services also include content that you can stream or interact with.\nOur services are designed to work together, making it easier for you to move from one activity to the next.\nFor example, if your Calendar event includes an address, you can click on that address and Maps can show\nyou how to get there.\nDevelop, improve, and update Google services\nWhile we use a broad definition of “services” throughout these terms as described above, applicable law\ndraws distinctions between “digital content”, “services”, and “goods” in certain situations. That’s why we use\nthe more specific terms in this section and the Legal guarantee section.\nWe’re constantly developing new technologies and features to improve our services. For example, we use\nartificial intelligence and machine learning to provide you with simultaneous translations, and to better\ndetect and block spam and malware.\nAs part of the continual evolution of our digital content, services, and goods, we make modifications such as\nadding or removing features and functionalities, increasing or decreasing usage limits, and offering new\ndigital content or services or discontinuing old ones. We may also change our digital content or services for\nthese other reasons:\nto adapt to new technologies\n\nto reflect increases or decreases in the number of people who use a particular service\nto respond to key changes in the licenses and partnerships we have with others\nto prevent abuse or harm\nto address legal, regulatory, safety, or security issues\nIn particular, we sometimes make legally-required updates, which are modifications that keep digital content,\nservices, or goods in conformity with the law. We make these updates to our digital content, services, and\ngoods for safety or security reasons, and to make sure they meet the quality standards that you expect, such\nas those described in the Legal guarantee section. We may automatically install updates that address\nsignificant safety or security risks. For other updates, you can choose whether you want them installed.\nWe maintain a rigorous product research program, so before we change or stop offering a service, we\ncarefully consider your interests as a user, your reasonable expectations, and the potential impact on you\nand others. We only change or stop offering services for valid reasons.\nIf a modification negatively affects your ability to access or use our digital content or services, or if we stop\noffering a service all together, we’ll provide you with reasonable advance notice by email — including a\ndescription of the changes, when they’ll take place, and your right to end your contract with us if our\nmodifications create more than a minor negative impact — except in urgent situations such as preventing\nabuse or harm, responding to legal requirements, or addressing security and operability issues. We’ll also\nprovide you with an opportunity to export your content from your Google Account using Google Takeout,\nsubject to applicable law and policies.\nWhat we expect from you\nFollow these terms and service-specific additional terms\nThe permission we give you to use our services continues as long as you comply with:\nthese terms\nservice-specific additional terms, which could, for example, include things like additional age\nrequirements\n\nWe also make various policies, help centers, and other resources available to you to answer common\nquestions and to set expectations about using our services. These resources include our Privacy Policy,\nCopyright Help Center, Safety Center, and other pages accessible from our policies site.\nAlthough we give you permission to use our services, we retain any intellectual property rights we have in the\nservices.\nRespect others\nWe want to maintain a respectful environment for everyone, which means you must follow these basic rules\nof conduct:\ncomply with applicable laws, including export control, sanctions, and human trafficking laws\nrespect the rights of others, including privacy and intellectual property rights\ndon’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example,\nby misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others\ndon’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in\nfraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or\nprotective measures. When we index the web to bring you search results, we respect standard usage\nrestrictions that website owners specify in their websites’ code, so we require the same when others\nuse our services\nOur service-specific additional terms and policies provide additional details about appropriate conduct that\neveryone using those services must follow. If you find that others aren’t following these rules, many of our\nservices allow you to report abuse. If we act on a report of abuse, we also provide the process described in\nthe Taking action in case of problems section.\nPermission to use your content\nSome of our services are designed to let you upload, submit, store, send, receive, or share your content. You\nhave no obligation to provide any content to our services and you’re free to choose the content that you want\nto provide. If you choose to upload or share content, please make sure you have the necessary rights to do\nso and that the content is lawful.\n\nLicense\nYour content remains yours, which means that you retain any intellectual property rights that you\nhave in your content. For example, you have intellectual property rights in the creative content you\nmake, such as reviews you write. Or you may have the right to share someone else’s creative content\nif they’ve given you their permission.\nWe need your permission if your intellectual property rights restrict our use of your content. You\nprovide Google with that permission through this license.\nWhat’s covered\nThis license covers your content if that content is protected by intellectual property rights.\nWhat’s not covered\nThis license doesn’t affect your data protection rights — it’s only about your intellectual\nproperty rights\nThis license doesn’t cover these types of content:\npublicly-available factual information that you provide, such as corrections to the\naddress of a local business. That information doesn’t require a license because it’s\nconsidered common knowledge that everyone’s free to use.\nfeedback that you offer, such as suggestions to improve our services. Feedback is\ncovered in the Service-related communications section below.\nScope\nThis license is:\nworldwide, which means it’s valid anywhere in the world\nnon-exclusive, which means you can license your content to others\nroyalty-free, which means there are no monetary fees for this license\n\nRights\nThis license allows Google to:\nhost, reproduce, distribute, communicate, and use your content — for example, to save your\ncontent on our systems and make it accessible from anywhere you go\npublish, publicly perform, or publicly display your content, if you’ve made it visible to others\nmodify your content, such as reformatting or translating it\nsublicense these rights to:\nother users to allow the services to work as designed, such as enabling you to share\nphotos with people you choose\nour contractors who’ve signed agreements with us that are consistent with these terms,\nonly for the limited purposes described in the Purpose section below\nPurpose\nThis license is for the limited purpose of:\noperating and improving the services, which means allowing the services to work as designed\nand creating new features and functionalities. This includes using automated systems and\nalgorithms to analyze your content:\nfor spam, malware, and illegal content\nto recognize patterns in data, such as determining when to suggest a new album in\nGoogle Photos to keep related photos together\nto customize our services for you, such as providing recommendations and\npersonalized search results, content, and ads (which you can change or turn off in Ads\nSettings)\nThis analysis occurs as the content is sent, received, and when it is stored.\nusing content you’ve shared publicly to promote the services. For example, to promote a\nGoogle app, we might quote a review you wrote. Or to promote Google Play, we might show a\nscreenshot of the app you offer in the Play Store.\n\ndeveloping new technologies and services for Google consistent with these terms\nDuration\nThis license lasts for as long as your content is protected by intellectual property rights.\nIf you remove from our services any content that’s covered by this license, then our systems will\nstop making that content publicly available in a reasonable amount of time. There are two\nexceptions:\nIf you already shared your content with others before removing it. For example, if you shared a\nphoto with a friend who then made a copy of it, or shared it again, then that photo may continue\nto appear in your friend’s Google Account even after you remove it from your Google Account.\nIf you make your content available through other companies’ services, it’s possible that search\nengines, including Google Search, will continue to find and display your content as part of their\nsearch results.\nUsing Google services\nYour Google Account\nIf you meet these age requirements you can create a Google Account for your convenience. Some services\nrequire that you have a Google Account in order to work — for example, to use Gmail, you need a Google\nAccount so that you have a place to send and receive your email.\nYou’re responsible for what you do with your Google Account, including taking reasonable steps to keep your\nGoogle Account secure, and we encourage you to regularly use the Security Checkup.\nUsing Google services on behalf of an organization or business\n\nMany organizations, such as businesses, non-profits, and schools, take advantage of our services. To use\nour services on behalf of an organization:\nan authorized representative of that organization must agree to these terms\nyour organization’s administrator may assign a Google Account to you. That administrator might\nrequire you to follow additional rules and may be able to access or disable your Google Account.\nIf you’re based in the European Union, then these terms don’t affect the rights you may have as a business\nuser of online intermediation services — including online platforms such as Google Play — under the EU\nPlatform-to-Business Regulation.\nService-related communications\nTo provide you with our services, we sometimes send you service announcements and other information. To\nlearn more about how we communicate with you, see Google’s Privacy Policy.\nIf you choose to give us feedback, such as suggestions to improve our services, we may act on your\nfeedback without obligation to you.\nContent in Google services\nYour content\nSome of our services give you the opportunity to make your content publicly available — for example, you\nmight post a product or restaurant review that you wrote, or you might upload a blog post that you created.\nSee the Permission to use your content section for more about your rights in your content, and how\nyour content is used in our services\nSee the Removing your content section to learn why and how we might remove user-generated content\nfrom our services\n\nIf you think someone is infringing your intellectual property rights, you can send us notice of the\ninfringement and we’ll take appropriate action. For example, we suspend or close the Google Accounts of\nrepeat copyright infringers as described in our Copyright Help Center.\nGoogle content\nSome of our services include content that belongs to Google — for example, many of the visual illustrations\nyou see in Google Maps. You may use Google’s content as allowed by these terms and any service-specific\nadditional terms, but we retain any intellectual property rights that we have in our content. Don’t remove,\nobscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please\nsee the Google Brand Permissions page.\nOther content\nFinally, some of our services give you access to content that belongs to other people or organizations — for\nexample, a store owner’s description of their own business, or a newspaper article displayed in Google\nNews. You may not use this content without that person or organization’s permission, or as otherwise\nallowed by law. The views expressed in other people or organizations’ content are theirs, and don’t\nnecessarily reflect Google’s views.\nSoftware in Google services\nSome of our services include downloadable software. We give you permission to use that software as part\nof the services.\nThe license we give you is:\nworldwide, which means it’s valid anywhere in the world\nnon-exclusive, which means that we can license the software to others\nroyalty-free, which means there are no monetary fees for this license\npersonal, which means it doesn’t extend to anyone else\n\nnon-assignable, which means you’re not allowed to assign the license to anyone else\nSome of our services include software that’s offered under open source license terms that we make\navailable to you. Sometimes there are provisions in the open source license that explicitly override parts of\nthese terms, so please be sure to read those licenses.\nYou may not copy, modify, distribute, sell, or lease any part of our services or software.\nIn case of problems or disagreements\nBoth the law and these terms give you the right to (1) a certain quality of service, and (2) ways to fix\nproblems if things go wrong. If you’re a consumer, then you enjoy all legal rights granted to consumers under\napplicable law, as well as any additional rights provided under these terms or service-specific additional\nterms.\nLegal guarantee\nIf you’re an EEA-based consumer, and you’ve agreed to our Terms of Service, then EEA consumer laws\nprovide you with a legal guarantee covering the digital content, services, or goods that we provide you. Under\nthis guarantee, we’re liable for any lack of conformity that you discover:\nwithin two years of the delivery of goods (such as a phone) or the one-time supply of digital content or\nservices (such as purchasing a movie)\nat any time during the “continuous” supply of digital content or services (such as Maps or Gmail)\nYour national laws may provide an even longer guarantee. Your rights under these legal guarantees aren’t\nlimited by any other commercial guarantees that we provide. If you want to make a guarantee claim, please\ncontact us.\nLiabilities\n\nFor all users\nThese terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for\nfraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.\nOther than the liabilities described above, Google is liable only for its breaches of these terms or applicable\nservice-specific additional terms, subject to applicable law.\nFor business users and organizations only\nIf you’re a business user or organization:\nTo the extent allowed by applicable law, you’ll indemnify Google and its directors, officers, employees,\nand contractors for any third-party legal proceedings (including actions by government authorities)\narising out of or relating to your unlawful use of the services or violation of these terms or service-\nspecific additional terms. This indemnity covers any liability or expense arising from claims, losses,\ndamages, judgments, fines, litigation costs, and legal fees.\nIf you’re legally exempt from certain responsibilities, including indemnification, then those\nresponsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain\nimmunities from legal obligations and these terms don’t override those immunities.\nGoogle won’t be responsible for the following liabilities:\nloss of profits, revenues, business opportunities, goodwill, or anticipated savings\nindirect or consequential loss\npunitive damages\nGoogle’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2)\n125% of the fees that you paid to use the relevant services in the 12 months before the breach\nTaking action in case of problems\nBefore taking action as described below, we’ll provide you with advance notice when reasonably possible,\ndescribe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably\nbelieve that doing so would:\n\ncause harm or liability to a user, third party, or Google\nviolate the law or a legal enforcement authority’s order\ncompromise an investigation\ncompromise the operation, integrity, or security of our services\nRemoving your content\nIf we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms\nor policies, (2) violates applicable law, or (3) could harm our users, third parties, or Google, then we reserve\nthe right to take down some or all of that content in accordance with applicable law. Examples include child\npornography, content that facilitates human trafficking or harassment, terrorist content, and content that\ninfringes someone else’s intellectual property rights.\nSuspending or terminating your access to Google services\nGoogle reserves the right to suspend or terminate your access to the services or delete your Google Account\nif any of these things happen:\nyou materially or repeatedly breach these terms, service-specific additional terms or policies\nwe’re required to do so to comply with a legal requirement or a court order\nwe reasonably believe that your conduct causes harm or liability to a user, third party, or Google — for\nexample, by hacking, phishing, harassing, spamming, misleading others, or scraping content that\ndoesn’t belong to you\nFor more information about why we disable accounts and what happens when we do, see this Help Center\npage. If you believe your Google Account has been suspended or terminated in error, you can appeal.\nOf course, you’re always free to stop using our services at any time. If you’re an EEA-based consumer, you\ncan also withdraw from these terms within 14 days of accepting them. If you do stop using a service, we’d\nappreciate knowing why so that we can continue improving our services.\nHandling requests for your data\n\nRespect for the privacy and security of your data underpins our approach to responding to data disclosure\nrequests. When we receive data disclosure requests, our team reviews them to make sure they satisfy legal\nrequirements and Google’s data disclosure policies. Google Ireland Limited accesses and discloses data,\nincluding communications, in accordance with the laws of Ireland, and EU law applicable in Ireland. For more\ninformation about the data disclosure requests that Google receives worldwide, and how we respond to\nsuch requests, see our Transparency Report and Privacy Policy.\nSettling disputes, governing law, and courts\nFor information about how to contact Google, please visit our contact page.\nIf you’re a resident of, or an organization based in, the European Economic Area (EEA) or Switzerland, these\nterms and your relationship with Google under these terms and service-specific additional terms, are\ngoverned by the laws of your country of residence, and you can file legal disputes in your local courts. If\nyou’re an EEA-based consumer, please contact us to resolve issues directly. The European Commission also\noffers an Online Dispute Resolution platform, but Google isn’t legally required to use this or other alternative\ndispute resolution platforms.\nAbout these terms\nBy law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are\nin no way intended to restrict those rights.\nThese terms describe the relationship between you and Google. They don’t create any legal rights for other\npeople or organizations, even if others benefit from that relationship under these terms.\nWe want to make these terms easy to understand, so we’ve used examples from our services. But not all\nservices mentioned may be available in your country.\nIf it turns out that a particular term is not valid or enforceable, this will not affect any other terms.\nIf you don’t follow these terms or the service-specific additional terms, and we don’t take action right away,\nthat doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.\n\nWe may update these terms and service-specific additional terms (1) to reflect changes in our services or\nhow we do business — for example, when we add new services, features, technologies, pricing, or benefits\n(or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.\nIf we materially change these terms or service-specific additional terms, we’ll provide you with reasonable\nadvance notice and the opportunity to review the changes, except (1) when we launch a new service or\nfeature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If\nyou don’t agree to the new terms, you should remove your content and stop using the services. You can also\nend your relationship with us at any time by closing your Google Account.\nEEA instructions on withdrawal\nIf you’re an EEA-based consumer, then starting on May 28, 2022, EEA consumer law gives you the right to\nwithdraw from this contract as described in the EU’s Model Instructions on Withdrawal, provided below.\nRight of withdrawal\nYou have the right to withdraw from this contract within 14 days without giving any reason.\nThe withdrawal period will expire after 14 days from the day of the conclusion of the contract.\nTo exercise the right of withdrawal, you must inform us of your decision to withdraw from this\ncontract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can contact us by\nemail at [email protected]; by phone +353 1 533 9837 (see below for country-\nspecific telephone numbers); or by writing to us at Google Ireland Limited, Gordon House, Barrow\nStreet, Dublin 4, Ireland. You may use the attached model withdrawal form, but it is not obligatory.\nYou can also electronically fill in and submit the model withdrawal form or any other unequivocal\nstatement on our website (g.co/EEAWithdrawalForm). If you use this option, we will communicate to\nyou an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail)\nwithout delay.\nTo meet the withdrawal deadline, it is sufficient for you to send your communication concerning your\nexercise of the right of withdrawal before the withdrawal period has expired.\n\nEffects of withdrawal\nIf you withdraw from this contract, we shall reimburse to you all payments received from you,\nincluding the costs of delivery (with the exception of the supplementary costs resulting from your\nchoice of a type of delivery other than the least expensive type of standard delivery offered by us),\nwithout undue delay and in any event not later than 14 days from the day on which we are informed\nabout your decision to withdraw from this contract. We will carry out such reimbursement using the\nsame means of payment as you used for the initial transaction, unless you have expressly agreed\notherwise; in any event, you will not incur any fees as a result of such reimbursement.\nModel withdrawal form\n(complete and return this form only if you wish to withdraw from the contract)\n— To Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland,\[email protected]:\n— I hereby give notice that I withdraw from my contract of sale for the provision of the following\nservice, _____________\n— Ordered on, _____________\n— Name of consumer, _____________\n— Address of consumer, _____________\n— Signature of consumer (only if this form is notified on paper), _____________\n— Date _____________\nContact Google to withdraw from these terms\nCountry\nPhone number\nAustria\n0800 001180\nBelgium\n0800 58 142\n\nBulgaria\n0800 14 744\nCroatia\n0800 787 086\nCyprus\n80 092492\nCzechia\n800 720 070\nDenmark\n80 40 01 11\nEstonia\n8002 643\nFinland\n0800 520030\nFrance\n0 805 98 03 38\nGermany\n0800 6270502\nGreece\n800 4920 00536\nHungary\n06 68 020 0148\nIceland\n800 4177\nIreland\n1800 832 663\nItaly\n800 598 905\nLatvia\n80 205 391\nLiechtenstein\n800 566 814\nLithuania\n8 800 00 163\nLuxembourg\n800 40 005\nMalta\n8006 2257\nNetherlands\n0800 3600010\nNorway\n800 62 068\nPoland\n800 331 1426\nPortugal\n808 203 430\nRomania\n0800 672 350\nSlovakia\n0800 500 932\nSlovenia\n080 688882\nSpain\n900 906 451\nSweden\n020-012 52 41\nDEFINITIONS\n\naffiliate\nAn entity that belongs to the Google group of companies, which means Google LLC and its subsidiaries,\nincluding the following companies that provide consumer services in the EU: Google Ireland Limited, Google\nCommerce Limited, and Google Dialer Inc.\nbusiness user\nAn individual or entity who is not a consumer (see consumer).\ncommercial guarantee\nA commercial guarantee is a voluntary commitment that certain quality standards will be met and that if\nthose standards aren’t met, the company offering the guarantee is responsible for repairing, replacing, or\nrefunding the consumer for defective items.\nconsumer\nAn individual who uses Google services for personal, non-commercial purposes outside of their trade,\nbusiness, craft, or profession. This includes “consumers” as defined in Article 2.1 of the EU Consumer Rights\nDirective. (See business user)\ncopyright\nA legal right that allows the creator of an original work (such as a blog post, photo, or video) to decide if and\nhow that original work may be used by others, subject to certain limitations and exceptions.\ncountry version\nWe associate your Google Account with a country (or territory) so that we can determine:\nthe Google affiliate that provides the services to you and that processes your information as you use\nthe services\n\nthe version of the terms that govern our relationship\nThe country associated with your account is: Poland. If you think this country association is incorrect, you\ncan learn more and contact us.\ndisclaimer\nA statement that limits someone’s legal responsibilities.\nEU Platform-to-Business Regulation\nThe Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online\nintermediation services.\nindemnify or indemnity\nAn individual or organization’s contractual obligation to compensate the losses suffered by another\nindividual or organization from legal proceedings such as lawsuits.\nintellectual property rights (IP rights)\nRights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works\n(copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks). IP\nrights may belong to you, another individual, or an organization.\nlack of conformity\nA legal concept that defines the difference between how something should work and how it actually works.\nUnder the law, how something should work is based on how the seller or trader describes it, whether its\nquality and performance are satisfactory, and its fitness for the usual purpose of such items.\nlegal guarantee\n\nA legal guarantee is a requirement under the law that a seller or trader is liable if their digital content,\nservices, or goods are defective (that is, that they lack conformity).\nliability\nLosses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or\nother reason, and whether or not those losses could have been reasonably anticipated or foreseen.\norganization\nA legal entity (such as a corporation, non-profit, or school) and not an individual person.\nservices\nThe Google services that are subject to these terms are the products and services listed at\nhttps://policies.google.com/terms/service-specific, including:\napps and sites (like Search and Maps)\nplatforms (like Google Shopping)\nintegrated services (like Maps embedded in other companies’ apps or sites)\ndevices and other goods (like Google Nest)\nMany of these services also include content that you can stream or interact with.\ntrademark\nSymbols, names, and images used in commerce that are capable of distinguishing the goods or services of\none individual or organization from those of another.\nwarranty\nAn assurance that a product or service will perform to a certain standard.\n\nyour content\nThings that you create, upload, submit, store, send, receive, or share using our services, such as:\nDocs, Sheets, and Slides you create\nblog posts you upload through Blogger\nreviews you submit through Maps\nvideos you store in Drive\nemails you send and receive through Gmail\npictures you share with friends through Photos\ntravel itineraries that you share with Google\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":0,"explanation":"Only Businesses entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Microsoft","url":"https://www.microsoft.com/en/servicesagreement/","lang":"ENG","sector":"Various","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"15.06.2021"},"document":{"title":"","text":"Print\nYour Privacy\nYour Content\n1. Your Privacy. Your privacy is important to us. Please read the Microsoft Privacy\nStatement (https://go.microsoft.com/fwlink/?LinkId=521839) (the \"Privacy Statement\") as\nit describes the types of data we collect from you and your devices (\"Data\"), how we use\nyour Data, and the legal bases we have to process your Data. The Privacy Statement also\ndescribes how Microsoft uses your content, which is your communications with others;\npostings submitted by you to Microsoft via the Services; and the files, photos, documents,\naudio, digital works, livestreams and videos that you upload, store, broadcast or share\nthrough the Services (\"Your Content\"). Where processing is based on consent and to the\nextent permitted by law, by agreeing to these Terms, you consent to Microsoft’s collection,\nuse and disclosure of Your Content and Data as described in the Privacy Statement. In some\ncases, we will provide separate notice and request your consent as referenced in the Privacy\nStatement.\n2. Your Content. Many of our Services allow you to store or share Your Content or receive\nmaterial from others. We don’t claim ownership of Your Content. Your Content remains Your\nContent and you are responsible for it.\na. When you share Your Content with other people, you understand that they may be\nable to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share\nand display Your Content for the purpose that you made Your content available on the\nServices, without compensating you. If you do not want others to have that ability, do\nnot use the Services to share Your Content. You represent and warrant that for the\nduration of these Terms, you have (and will have) all the rights necessary for Your\nContent that is uploaded, stored, or shared on or through the Services and that the\ncollection, use, and retention of Your Content will not violate any law or rights of others.\nMicrosoft does not own, control, verify, pay for, endorse or otherwise assume any liability\nfor Your Content and cannot be held responsible for Your Content or the material others\nupload, store or share using the Services.\nb. To the extent necessary to provide the Services to you and others, to protect you and\nthe Services, and to improve Microsoft products and services, you grant to Microsoft a\nworldwide and royalty-free intellectual property license to use Your Content, for example,\nto make copies of, retain, transmit, reformat, display, and distribute via communication\ntools Your Content on the Services. If you publish Your Content in areas of the Service\nwhere it is available broadly online without restrictions, Your Content may appear in\ndemonstrations or materials that promote the Service. Some of the Services are\nPublished: April 1, 2021\nEffective: June 15, 2021\nMicrosoft Services Agreement\nThese terms (\"Terms\") cover the use of those Microsoft consumer products, websites, and services listed at the end of\nthese Terms here (#serviceslist) (the \"Services\"). You accept these Terms by creating a Microsoft account, through your\nuse of the Services, or by continuing to use the Services after being notified of a change to these Terms.\n\nTop of page\nCode of Conduct\nsupported by advertising. Controls for how Microsoft personalizes advertising are\navailable at https://choice.live.com. We do not use what you say in email, chat, video\ncalls or voice mail, or your documents, photos or other personal files to target\nadvertising to you. Our advertising policies are covered in detail in the Privacy\nStatement.\n3. Code of Conduct.\na. By agreeing to these Terms, you’re agreeing that, when using the Services, you will\nfollow these rules:\ni. Don’t do anything illegal.\nii. Don’t engage in any activity that exploits, harms, or threatens to harm children.\niii. Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk\nemail, postings, contact requests, SMS (text messages), instant messages, or similar\nelectronic communications. Phishing is sending emails or other electronic\ncommunications to fraudulently or unlawfully induce recipients to reveal personal or\nsensitive information, such as passwords, dates of birth, Social Security Numbers,\npassport numbers, credit card information, financial information, or other sensitive\ninformation, or to gain access to accounts or records, exfiltration of documents or\nother sensitive information, payment and/or financial benefit.\niv. Don’t publicly display or use the Services to share inappropriate content or\nmaterial (involving, for example, nudity, bestiality, pornography, offensive language,\ngraphic violence, or criminal activity) or Your Content or material that does not\ncomply with local laws or regulations.\nv. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for\nmoney under false pretenses, impersonating someone else, manipulating the\nServices to increase play count, or affect rankings, ratings, or comments) or libelous\nor defamatory.\nvi. Don’t circumvent any restrictions on access to or availability of the Services.\nvii. Don’t engage in activity that is harmful to you, the Services or others (e.g.,\ntransmitting viruses, stalking, posting terrorist or violent extremist content,\ncommunicating hate speech, or advocating violence against others).\nviii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of\ncopyrighted music or other copyrighted material, resale or other distribution of Bing\nmaps, or photographs).\nix. Don’t engage in activity that violates the privacy or data protection rights of\nothers.\nx. Don’t help others break these rules.\nb. Enforcement. If you violate these Terms, we may, in our sole discretion, stop\nproviding Services to you or we may close your Microsoft account. We may also block\ndelivery of a communication (like email, file sharing or instant message) to or from the\nServices in an effort to enforce these Terms, or we may remove or refuse to publish Your\nContent for any reason. When investigating alleged violations of these Terms, Microsoft\nreserves the right to review Your Content in order to resolve the issue, and you hereby\nauthorize such review. However, we cannot monitor the entire Services and make no\nattempt to do so.\nc. Application to Xbox Services. Click here (https://go.microsoft.com/fwlink/?\nlinkid=868531) for more information about how this Code of Conduct applies to the Xbox\nonline service, Xbox Game Pass, Games for Windows Live and Xbox Game Studios\n\nTop of page\nUsing the Services & Support\ngames, applications, services and content provided by Microsoft. Violation of the Code of\nConduct through Xbox Services (defined in section 13.a.i) may result in suspensions or\nbans from participation in Xbox Services, including forfeiture of content licenses, Xbox\nGold Membership time, and Microsoft account balances associated with the account.\n4. Using the Services & Support.\na. Microsoft account. You’ll need a Microsoft account to access many of the Services.\nYour Microsoft account lets you sign in to products, websites and services provided by\nMicrosoft and some Microsoft partners.\ni. Creating an Account. You can create a Microsoft account by signing up online.\nYou agree not to use any false, inaccurate or misleading information when signing\nup for your Microsoft account. In some cases, a third party, like your Internet\nservice provider, may have assigned a Microsoft account to you. If you received your\nMicrosoft account from a third party, the third party may have additional rights over\nyour account, like the ability to access or delete your Microsoft account. Please\nreview any additional terms the third party provided you, as Microsoft has no\nresponsibility regarding these additional terms. If you create a Microsoft account on\nbehalf of an entity, such as your business or employer, you represent that you have\nthe legal authority to bind that entity to these Terms. You cannot transfer your\nMicrosoft account credentials to another user or entity. To protect your account,\nkeep your account details and password confidential. You are responsible for all\nactivity that occurs under your Microsoft account.\nii. Account Use. You must use your Microsoft account to keep it active. This means\nyou must sign in at least once in a two-year period to keep your Microsoft account,\nand associated Services, active, unless a longer period is provided in the Microsoft\naccount activity policy at https://go.microsoft.com/fwlink/p/?linkid=2086738 or in an\noffer for a paid portion of the Services. If you don’t sign in during this time, we will\nassume your Microsoft account is inactive and will close it for you. Please see\nsection 4.a.iv.2 for the consequences of a closed Microsoft account. You must sign\ninto your Outlook.com inbox and your OneDrive (separately) at least once in a one-\nyear period, otherwise we will close your Outlook.com inbox and your OneDrive for\nyou. You must sign into the Xbox Services at least once in a five-year period to keep\nthe gamertag associated with your Microsoft account. If we reasonably suspect that\nyour Microsoft account is at risk of being used by a third party fraudulently (for\nexample, as a result of an account compromise), Microsoft may suspend your\naccount until you can reclaim ownership. Based on the nature of the compromise,\nwe may be required to disable access to some or all of Your Content. If you are\nhaving \ntrouble \naccessing \nyour \nMicrosoft \naccount, \nplease \nvisit \nthis\nwebsite: https://go.microsoft.com/fwlink/?LinkId=238656.\niii. Kids and Accounts. By creating a Microsoft account or using the Services, you\naccept and agree to be bound by these terms and represent that you have either\nreached the age of \"majority\" or \"legal responsibility\" where you live or your parent\nor legal guardian agrees to be bound by these Terms on your behalf. If you do not\nknow whether you have reached the age of majority or \"legal responsibility\" where\nyou live, or do not understand this section, please ask your parent or legal guardian\nfor help. If you are the parent or legal guardian of a minor, you and the minor\naccept and agree to be bound by these Terms and are responsible for all use of the\n\nMicrosoft account or Services, including purchases, whether the minor’s account is\nnow open or created later.\niv. Closing Your Account.\n1. You can cancel specific Services or close your Microsoft account at any time\nand \nfor \nany \nreason. \nTo \nclose \nyour \nMicrosoft \naccount, \nplease\nvisit https://go.microsoft.com/fwlink/p/?linkid=618278. When you ask us to\nclose your Microsoft account, you can choose to put it in a suspended state for\neither 30- or 60-days just in case you change your mind. After that 30- or 60-\nday period, your Microsoft account will be closed. Please see section 4.a.iv.2\nbelow for an explanation as to what happens when your Microsoft account is\nclosed. Logging back in during the suspension period will reactivate your\nMicrosoft account.\n2. If your Microsoft account is closed (whether by you or us), a few things\nhappen. First, your right to use the Microsoft account to access the Services\nstops immediately. Second, we’ll delete Data or Your Content associated with\nyour Microsoft account or will otherwise disassociate it from you and your\nMicrosoft account (unless we are required by law to keep it, return it, or\ntransfer it to you or a third party identified by you). You should have a regular\nbackup plan as Microsoft won’t be able to retrieve Your Content or Data once\nyour account is closed. Third, you may lose access to products you’ve acquired.\nb. Work or School Accounts. You can sign into certain Microsoft services with a work\nor school email address. If you do, you agree that the owner of the domain associated\nwith your email address may be notified of the existence of your Microsoft account and\nits associated subscriptions, control and administer your account, and access and\nprocess your Data, including the contents of your communications and files, and that\nMicrosoft may notify the owner of the domain if the account or Data is compromised.\nYou further agree that your use of the Microsoft services may be subject to the\nagreements Microsoft has with you or your organization and these Terms may not apply.\nIf you already have a Microsoft account and you use a separate work or school email\naddress to access Services covered under these Terms, you may be prompted to update\nthe email address associated with your Microsoft account in order to continue accessing\nsuch Services.\nc. Additional Equipment/Data Plans. To use many of the Services, you’ll need an\ninternet connection and/or data/cellular plan. You might also need additional equipment,\nlike a headset, camera or microphone. You are responsible for providing all connections,\nplans, and equipment needed to use the Services and for paying the fees charged by the\nprovider(s) of your connections, plans, and equipment. Those fees are in addition to any\nfees you pay us for the Services and we will not reimburse you for such fees. Check with\nyour provider(s) to determine if there are any such fees that may apply to you.\nd. Service Notifications. When there’s something we need to tell you about a Service\nyou use, we’ll send you Service notifications. If you gave us your email address or phone\nnumber in connection with your Microsoft account, then we may send Service\nnotifications to you via email or via SMS (text message), including to verify your identity\nbefore registering your mobile phone number and verifying your purchases. We may also\nsend you Service notifications by other means (for example by in-product\nmessages). Data or messaging rates may apply when receiving notifications via\nSMS.\ne. \nSupport. \nCustomer \nsupport \nfor \nsome \nServices \nis \navailable\nat support.microsoft.com (https://support.microsoft.com). Certain Services may offer\nseparate \nor \nadditional \ncustomer \nsupport, \nsubject \nto \nthe \nterms \navailable\nat www.microsoft.com/support-service-agreement, unless otherwise specified. Support\n\nTop of page\nTop of page\nUsing Third-Party Apps and Services\nService Availability\nmay not be available for preview or beta versions of features or Services. The Services\nmight not be compatible with software or services provided by third parties, and you are\nresponsible for familiarizing yourself with compatibility requirements.\nf. Ending your Services. If your Services are canceled (whether by you or us), first\nyour right to access the Services stops immediately and your license to the software\nrelated to the Services ends. Second, we’ll delete Data or Your Content associated with\nyour Service or will otherwise disassociate it from you and your Microsoft account (unless\nwe are required by law to keep it, return it, or transfer it to you or a third party identified\nby you). As a result you may no longer be able to access any of the Services (or Your\nContent that you’ve stored on those Services). You should have a regular backup plan.\nThird, you may lose access to products you’ve acquired. If you have canceled your\nMicrosoft account and have no other account able to access the Services your Services\nmay be canceled immediately.\n5. Using Third-Party Apps and Services. The Services may allow you to access or acquire\nproducts, services, websites, links, content, material, games, skills, integrations, bots or\napplications from independent third parties (companies or people who aren’t Microsoft)\n(\"Third-Party Apps and Services\"). Many of our Services also help you find, make\nrequests to, or interact with Third-Party Apps and Services or allow you to share Your\nContent or Data, and you understand that by using our Services you are directing them to\nmake Third-Party Apps and Services available to you. The Third-Party Apps and Services may\nalso allow you to store Your Content or Data with the publisher, provider or operator of the\nThird-Party Apps and Services. The Third-Party Apps and Services may present you with a\nprivacy policy or require you to accept their terms before you can install or use the Third-\nParty App or Service. See section 13.b for additional terms for applications acquired through\ncertain Stores owned or operated by Microsoft or its affiliates (including, but not limited to,\nthe Office Store, the Microsoft Store on Xbox and the Microsoft Store on Windows. You\nshould review the third-party terms and privacy policies before acquiring, using, requesting,\nor linking your Microsoft Account to any Third-Party Apps and Services. Any third-party terms\ndo not modify these Terms. Microsoft does not license any intellectual property to you as part\nof any Third-Party Apps and Services. You agree to assume all risk and liability arising from\nyour use of these Third-Party Apps and Services and that Microsoft is not responsible for any\nissues arising out of your use of them. Microsoft is not responsible or liable to you or others\nfor information or services provided by any Third-Party Apps and Services.\n6. Service Availability.\na. The Services, Third-Party Apps and Services, or material or products offered through\nthe Services may be unavailable from time to time, may be offered on a limited basis, or\nmay vary depending on your region or device. If you change the location associated with\nyour Microsoft account, you may need to re-acquire the material or applications that\nwere available to you and paid for in your previous region. You agree not to access or\nuse material or Services which are illegal or not licensed for use in the country from\nwhich you access or use such material or Services, or to conceal or misrepresent your\nlocation or identity in order to access or use such material or Services.\n\nTop of page\nTop of page\nUpdates to the Services or Software,\nand Changes to These Terms\nSoftware License\nb. We strive to keep the Services up and running; however, all online services suffer\noccasional disruptions and outages, and Microsoft is not liable for any disruption or loss\nyou may suffer as a result. In the event of an outage, you may not be able to retrieve\nYour Content or Data that you’ve stored. We recommend that you regularly backup Your\nContent and Data that you store on the Services or store using Third-Party Apps and\nServices.\n7. Updates to the Services or Software, and Changes to These Terms.\na. We may change these Terms at any time, and we’ll tell you when we do. Using the\nServices after the changes become effective means you agree to the new terms. If you\ndo not agree to the new terms, you must stop using the Services, close your Microsoft\naccount and, if you are a parent or guardian, help your minor child close his or her\nMicrosoft account.\nb. Sometimes you will need software updates to keep using the Services. We may\nautomatically check your version of the software and download software updates or\nconfiguration changes. You may also be required to update the software to continue\nusing the Services. Such updates are subject to these Terms unless other terms\naccompany the updates, in which case, those other terms apply. Microsoft isn't obligated\nto make any updates available and doesn't guarantee that we will support the version of\nthe system for which you purchased or licensed the software, apps, content or other\nproducts. Such updates may not be compatible with software or services provided by\nthird parties. You may withdraw your consent to future software updates at any time by\nuninstalling the software.\nc. Additionally, there may be times when we need to remove or change features or\nfunctionality of the Service or stop providing a Service or access to Third-Party Apps and\nServices altogether. Except to the extent required by applicable law, we have no\nobligation to provide a re-download or replacement of any material, Digital Goods\n(defined in section 13.k), or applications previously purchased. We may release the\nServices or their features in a preview or beta version, which may not work correctly or\nin the same way the final version may work.\nd. So that you can use material protected with digital rights management (DRM), like\nsome music, games, movies, books and more, DRM software may automatically contact\nan online rights server and download and install DRM updates.\n8. Software License. Unless accompanied by a separate Microsoft license agreement (for\nexample, if you are using a Microsoft application that is included with and a part of Windows,\nthen the Microsoft Software License Terms for the Windows Operating System govern such\nsoftware), any software provided by us to you as part of the Services is subject to these\nTerms. Applications acquired through certain Stores owned or operated by Microsoft or its\naffiliates (including, but not limited to the Office Store, Microsoft Store on Windows and\nMicrosoft Store on Xbox) are subject to section 13.b.i below.\n\nTop of page\nPayment Terms\na. If you comply with these Terms, we grant you the right to install and use one copy of\nthe software per device on a worldwide basis for use by only one person at a time as\npart of your use of the Services. For certain devices, such software may be pre-installed\nfor your personal, non-commercial use of the Services. The software or website that is\npart of the Services may include third-party code. Any third-party scripts or code, linked\nto or referenced from the software or website, are licensed to you by the third parties\nthat own such code, not by Microsoft. Notices, if any, for the third party code are\nincluded for your information only.\nb. The software is licensed, not sold, and Microsoft reserves all rights to the software not\nexpressly granted by Microsoft, whether by implication, estoppel, or otherwise. This\nlicense does not give you any right to, and you may not:\ni. circumvent or bypass any technological protection measures in or relating to the\nsoftware or Services;\nii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any\nsoftware or other aspect of the Services that is included in or accessible through the\nServices, except and only to the extent that the applicable copyright law expressly\npermits doing so;\niii. separate components of the software or Services for use on different devices;\niv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or\nthe Services, unless Microsoft expressly authorizes you to do so;\nv. transfer the software, any software licenses, or any rights to access or use the\nServices;\nvi. use the Services in any unauthorized way that could interfere with anyone else’s\nuse of them or gain access to any service, data, account, or network;\nvii. enable access to the Services or modify any Microsoft-authorized device (e.g.,\nXbox consoles, Microsoft Surface, etc.) by unauthorized third-party applications.\n9. Payment Terms. If you purchase a Service, then these payment terms apply to your\npurchase and you agree to them.\na. Charges. If there is a charge associated with a portion of the Services, you agree to\npay that charge in the currency specified. The price stated for the Services excludes all\napplicable taxes and currency exchange settlements, unless stated otherwise. All prices\nfor Skype paid products are inclusive of applicable taxes, unless otherwise stated. You\nare solely responsible for paying such taxes or other charges. Skype calculates taxes\nbased on the residential address associated with your billing information. You are\nresponsible for ensuring that this address is up to date and accurate. Except for Skype\nproducts, taxes are calculated based on your location at the time your Microsoft account\nwas registered unless local law requires a different basis for the calculation. We may\nsuspend or cancel the Services if we do not receive an on time, full payment\nfrom you. Suspension or cancellation of the Services for non-payment could result in a\nloss of access to and use of your account and its content. Connecting to the Internet via\na corporate or other private network that masks your location may cause charges to be\ndifferent from those displayed for your actual location. Depending on your location, some\ntransactions might require foreign currency conversion or be processed in another\ncountry. Your bank might charge you additional fees for those services when you use a\ndebit or credit card. Please contact your bank for details.\nb. Your Billing Account. To pay the charges for a Service, you will be asked to provide\na payment method at the time you sign up for that Service. For all Services other than\n\nSkype, you can access and change your billing information and payment method on\nthe Microsoft account management website \n(https://go.microsoft.com/fwlink/p/?\nlinkid=618281) and for Skype software and products by signing into your account portal\nat https://skype.com/go/myaccount. Additionally, you agree to permit Microsoft to use\nany updated account information regarding your selected payment method provided by\nyour issuing bank or the applicable payment network. You agree to promptly update\nyour account and other information, including your email address and payment method\ndetails, so we can complete your transactions and contact you as needed in connection\nwith your transactions. Changes made to your billing account will not affect charges we\nsubmit to your billing account before we could reasonably act on your changes to your\nbilling account.\nc. Billing. By providing Microsoft with a payment method, you (i) represent that you are\nauthorized to use the payment method you provided and that any payment information\nyou provide is true and accurate; (ii) authorize Microsoft to charge you for the Services\nor available content using your payment method; and (iii) authorize Microsoft to charge\nyou for any paid feature of the Services you choose to sign up for or use while these\nTerms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c)\nshortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may\ncharge you up to the amount you have approved, and we will notify you in advance of\nany change in the amount to be charged for recurring subscription Services. We may bill\nyou at the same time for more than one of your prior billing periods for amounts that\nhaven't previously been processed.\nd. Recurring Payments. When you purchase the Services on a subscription basis (e.g.,\nmonthly, every 3 months or annually), you agree that you are authorizing recurring\npayments, and payments will be made to Microsoft by the method and at the recurring\nintervals you have agreed to, until the subscription for that Service is terminated by you\nor by Microsoft. You must cancel your Services before the next billing date to stop being\ncharged to continue your Services. We will provide you with instructions on how you may\ncancel the Services. By authorizing recurring payments, you are authorizing Microsoft to\nprocess such payments as either electronic debits or fund transfers, or as electronic\ndrafts from your designated account (for Automated Clearing House or similar\npayments), or as charges to your designated account (for credit card or similar\npayments) (collectively, \"Electronic Payments\"). Subscription fees are generally\ncharged in advance of the applicable subscription period. If any payment is returned\nunpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its\nservice providers reserve the right to collect any applicable return item, rejection or\ninsufficient funds fee and process any such payment as an Electronic Payment.\ne. Online Statement and Errors. For all Services other than Skype, Microsoft will\nprovide you with an online billing statement on the Microsoft account management\nwebsite (https://go.microsoft.com/fwlink/p/?linkid=618282), where you can view and\nprint your statement. For Skype, you can access your online statement by signing into\nyour account at www.skype.com (https://www.skype.com). This is the only billing\nstatement that we provide. If we make an error on your bill, you must tell us within 90-\ndays after the error first appears on your bill. We will then promptly investigate the\ncharge. If you do not tell us within that time, you release us from all liability and claims\nof loss resulting from the error and we won't be required to correct the error or provide\na refund, unless otherwise required by law. If Microsoft has identified a billing error, we\nwill correct that error within 90-days. This policy does not affect any statutory rights that\nmay apply.\nf. Refund Policy. Unless otherwise provided by law or the terms of a particular Service\noffer, all purchases are final and non-refundable. If you believe that Microsoft has\ncharged you in error, you must contact us within 90-days of such charge. No refunds will\nbe given for any charges more than 90-days old, unless otherwise required by law. We\n\nreserve the right to issue refunds or credits at our sole discretion unless otherwise\nrequired by law. If we issue a refund or credit, we are under no obligation to issue the\nsame or similar refund in the future. This refund policy does not affect any statutory\nrights that may apply. For more refund information, please visit our help\ntopic (https://go.microsoft.com/fwlink/p/?linkid=618283). If you live in Taiwan or Israel,\nplease note that according to the Consumer Protection Act and its relevant regulations,\nall purchases pertaining to digital content provided via intangible form and/or on-line\nservices are final and non-refundable when such content or service has been provided\non line. You are not entitled to claim any cooling off period or any refund.\ng. Canceling the Services. You may cancel a Service at any time, with or without\ncause. Cancelling paid Services stops future charges to continue the Service. To cancel a\nService and request a refund, if you are entitled to one, visit the Microsoft account\nmanagement website. For Skype, please complete the Withdrawal Form using the\ninformation provided here (https://go.microsoft.com/fwlink/p/?linkid=618286). You\nshould refer back to the offer describing the Services as (i) you may not receive a refund\nat the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii)\nyou may be obligated to pay all charges made to your billing account for the Services\nbefore the date of cancellation; and (iv) you may lose access to and use of your account\nwhen you cancel the Services; or, if you live in Taiwan or Israel, (v) you may receive a\nrefund in the amount equal to the unused fees you paid for a Service calculated at the\ntime of cancellation. If you live in Israel you may cancel by any of the means listed\non \nhttps://support.microsoft.com/help/4027815. \nPlease \ncontact \na \nMicrosoft\nrepresentative by telephone to obtain a refund if you are eligible for it. We will process\nyour Data as described above in section 4. If you cancel, your access to the Services\nends at the end of your current Service period or, if we bill your account on a periodic\nbasis, at the end of the period in which you canceled. If you initiate a chargeback or\nreversal with your bank for your payment of Services, we will deem you to have canceled\nas of the date that the original payment was made, and you authorize us to immediately\ncancel your service and/or revoke any content that was provided to you in exchange for\nsuch payment.\nh. Trial-Period Offers. If you are taking part in any trial-period offer, you may be\nrequired to cancel the trial Service(s) within the timeframe communicated to you when\nyou accepted the offer in order to avoid being charged to continue the Service(s) at the\nend of the trial period.\ni. Promotional Offers. From time to time, Microsoft may offer Services for free for a\ntrial period. Microsoft reserves the right to charge you for such Services (at the normal\nrate) if Microsoft determines (in its reasonable discretion) that you are abusing the terms\nof the offer.\nj. Price Changes. We may change the price of the Services at any time and if you have\na recurring purchase, we will notify you by email, or other reasonable manner, at least\n15 days before the price change. If you do not agree to the price change, you must\ncancel and stop using the Services before the price change takes effect. If there is a\nfixed term and price for your Service offer, that price will remain in force for the fixed\nterm.\nk. Payments to You. If we owe you a payment, then you agree to timely and\naccurately provide us with any information we need to get that payment to you. Subject\nto applicable law, you are responsible for any taxes and charges you may incur as a\nresult of this payment to you. You must also comply with any other conditions we place\non your right to any payment. If you receive a payment in error, we may reverse\nor require return of the payment. You agree to cooperate with us in our\nefforts to do this. We may also reduce the payment to you without notice to\nadjust for any previous overpayment.\n\nTop of page\nContracting Entity, Choice of Law, &\nLocation for Resolving Disputes\nl. Gift Cards. Redemption and use of gift cards (other than Skype gift cards) are\ngoverned \nby \nthe \nMicrosoft \nGift \nCard \nTerms \nand\nConditions (https://support.microsoft.com/help/10562/microsoft-account-gift-card-terms-\nand-conditions). Information on Skype gift cards is available on Skype’s Help\npage (https://go.microsoft.com/fwlink/?LinkId=615383).\nm. Bank Account Payment Method. You may register an eligible bank account with\nyour Microsoft account to use it as a payment method. Eligible bank accounts include\naccounts held at a financial institution capable of receiving direct debit entries (e.g., a\nUnited States-based financial institution that supports automated clearing house (\"ACH\")\nentries, a European financial institution that supports Single Euro Payments Area\n(\"SEPA\") or \"iDEAL\" in the Netherlands). Terms you agreed to when adding your bank\naccount as a payment method in your Microsoft account (e.g., the \"mandate\" in the case\nof SEPA) also apply. You represent and warrant that your registered bank account is held\nin your name or you are authorized to register and use this bank account as a payment\nmethod. By registering or selecting your bank account as your payment method, you\nauthorize Microsoft (or its agent) to initiate one or more debits for the total amount of\nyour purchase or subscription charge (in accordance with the terms of your subscription\nservice) from your bank account (and, if necessary, initiate one or more credits to your\nbank account to correct errors, issue a refund or similar purpose), and you authorize the\nfinancial institution that holds your bank account to deduct such debits or accept such\ncredits. You understand that this authorization will remain in full force and effect until\nyou remove your bank account information from your Microsoft account. Contact\ncustomer support as outlined above in section 4.e as soon as possible if you believe you\nhave been charged in error. Laws applicable in your country may also limit your liability\nfor any fraudulent, erroneous or unauthorized transactions from your bank account. By\nregistering or selecting a bank account as your payment method, you acknowledge that\nyou have read, understand and agree to these Terms.\n10. Contracting Entity, Choice of Law, & Location for Resolving Disputes. For your\nuse of free and paid consumer Skype-branded Services, if you live outside of Europe, the\nMiddle East and Africa, you are contracting with, and all references to \"Microsoft\" in these\nTerms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg.\nFor free or paid consumer Skype-branded Services, if you live outside of Europe, the Middle\nEast and Africa, Luxembourg law governs the interpretation of these Terms and claims for\ntheir breach, regardless of conflict of law principles. The laws of the province or country\nwhere you live govern all other claims (including consumer protection, unfair competition,\nand tort claims). If you live outside of Europe, the Middle East and Africa, you and we\nirrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all\ndisputes arising out of or relating to the consumer Skype-branded Services. For all other\nServices, the entity with which you are contracting, the governing law, and the location to\nresolve disputes appear below:\na. Canada. If you live in (or, if a business, your principal place of business is in) Canada,\nyou are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA\n98052, U.S.A. The laws of the province where you live (or, if a business, your principal\nplace of business) govern the interpretation of these Terms, claims for their breach, and\nall other claims (including consumer protection, unfair competition, and tort claims),\nregardless of conflict of law principles. You and we irrevocably consent to the exclusive\n\njurisdiction and venue of the courts in Ontario for all disputes arising out of or relating to\nthese Terms or the Services.\nb. North or South America outside the United States and Canada. If you live in\n(or, if a business, your principal place of business is in) North or South America outside\nthe United States and Canada, you are contracting with Microsoft Corporation, One\nMicrosoft Way, Redmond, WA 98052, U.S.A. Washington State law governs the\ninterpretation of these Terms and claims for their breach, regardless of choice of law\nprinciples. The laws of the country to which we direct your Services govern all other\nclaims (including consumer protection, unfair competition, and tort claims).\nc. Middle East, Africa or Europe. If you live in (or, if a business, your principal place\nof business is in) the Middle East, Africa or in Europe excluding the European Union\n(EU), Iceland, Lichtenstein, Norway, Switzerland, and the United Kingdom, and you are\nusing free portions of the Services (such as Bing and MSN), you are contracting with\nMicrosoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A., except that if\nyou are using free portions of Skype, you are contracting with Microsoft Ireland\nOperations Limited, One Microsoft Place, South County Business Park, Leopardstown,\nDublin 18, Ireland. If you paid to use a portion of the Services, you are contracting with\nMicrosoft Ireland Operations Limited, One Microsoft Place, South County Business Park,\nLeopardstown, Dublin 18, Ireland. For free and paid Services, the laws of Ireland govern\nthe interpretation of these Terms and claims for their breach, regardless of conflict of\nlaws principles. The laws of the country to which we direct your Services govern all other\nclaims (including consumer protection, unfair competition, and tort claims). You and we\nirrevocably agree to the exclusive jurisdiction and venue of the courts of Ireland for all\ndisputes arising out of or relating to these Terms or the Services.\nd. Asia or the South Pacific, unless your country is specifically called out\nbelow. If you live in (or, if a business, your principal place of business is in) Asia (except\nChina, Japan, the Republic of Korea, or Taiwan) or the South Pacific, and you are using\nfree portions of the Services (such as Bing and MSN), you are contracting with Microsoft\nCorporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you paid to use a\nportion of the Services, or are using the free Outlook.com service in Singapore or Hong\nKong, you are contracting with Microsoft Regional Sales Pte Ltd., a corporation organized\nunder the laws of Singapore, with its registered address at 80 Raffles Place, #32-01,\nUOB Plaza, Singapore 048624; provided, that if you live in (or, if a business, your\nprincipal place of business is in) Australia, you are contracting with Microsoft Pty Ltd, 1\nEpping Road, North Ryde, NSW 2113, Australia and if you live in (or, if a business, your\nprincipal place of business is in) New Zealand, you are contracting with Microsoft New\nZealand Limited, Level 5, 22 Viaduct Harbour Avenue, PO Box 8070 Symonds Street,\nAuckland, 1150 New Zealand. For free and paid Services, Washington State law governs\nthe interpretation of these Terms and claims for their breach, regardless of conflict of\nlaws principles. The laws of the country to which we direct your Services govern all other\nclaims (including consumer protection, unfair competition, and tort claims). Any dispute\narising out of or in connection with these Terms or the Services besides Skype, including\nany question regarding their existence, validity, or termination, will be referred to and\nfinally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the\nSingapore International Arbitration Center (SIAC), which rules are deemed to be\nincorporated by reference into this clause. The Tribunal will consist of one arbitrator to\nbe appointed by the President of SIAC. The language of arbitration will be English. The\ndecision of the arbitrator will be final, binding, and incontestable, and it may be used as\na basis for judgment in any country or region.\ne. Japan. If you live in (or, if a business, your principal place of business is in) Japan,\nand you are using free portions of the Services (such as Bing and MSN), you are\ncontracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A.\nIf you paid to use a portion of the Services, you are contracting with Microsoft Japan Co.,\n\nTop of page\nWarranties\nLtd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075.\nFor free and paid Services, the laws of Japan govern these Terms and any matters\narising out of or relating to them or the Services. You and we irrevocably agree to the\nexclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising\nout of or relating to these Terms or the Services.\nf. Republic of Korea. If you live in (or, if a business, your principal place of business is\nin) the Republic of Korea, and you are using free portions of the Services (such as Bing\nand MSN), you are contracting with Microsoft Corporation, One Microsoft Way, Redmond,\nWA 98052, U.S.A. If you paid to use a portion of the Services, you are contracting with\nMicrosoft Korea, Inc., 11th Floor, Tower A, K-Twin Tower, Jongro 1 gil 50, Jongro-gu,\nSeoul, Republic of Korea, 110-150. For free and paid Services, the laws of the Republic\nof Korea govern these Terms and any matters arising out of or relating to them or the\nServices. You and we irrevocably agree to exclusive original jurisdiction and venue of the\nSeoul Central District Court for all disputes arising out of or relating to these Terms or\nthe Services.\ng. Taiwan. If you live in (or, if a business, your principal place of business is in) Taiwan,\nand you are using free portions of the Services (such as Bing and MSN), you are\ncontracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A.\nIf you paid to use a portion of the Services, you are contracting with Microsoft Taiwan\nCorp., 18F, No. 68, Sec. 5, Zhongxiao E. Rd., Xinyi District, Taipei 11065, Taiwan. For free\nand paid Services, the laws of Taiwan govern these Terms and any matters arising out of\nor relating to them or the Services. For more details regarding Microsoft Taiwan Corp.,\nplease \nview \nthe \nwebsite \nprovided \nby \nthe \nMinistry \nof \nEconomic \nAffairs\nR.O.C. (https://gcis.nat.gov.tw/main/index.jsp). You and we irrevocably designate the\nTaipei District Court as the court of first instance having jurisdiction over any disputes\narising out of or relating to these Terms or the Services, to the maximum extent\npermitted by Taiwan laws.\nYour local consumer laws may require some local laws to govern or give you the right to\nresolve disputes in another forum despite these Terms. If so, the choice of law and forum\nprovisions in section 10 apply as much as your local consumer laws allow.\n11. Warranties.\na. MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS,\nMAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH\nRESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE\nSERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN \"AS\nIS\" BASIS \"WITH ALL FAULTS\" AND \"AS AVAILABLE.\" MICROSOFT DOESN'T GUARANTEE\nTHE ACCURACY OR TIMELINESS OF THE SERVICES. YOU MAY HAVE CERTAIN RIGHTS\nUNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE\nRIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND\nTELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS\nOF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE\nUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T\nOCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM\nCOMPUTER NETWORKS.\nb. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED\nWARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS\n\nTop of page\nTop of page\nLimitation of Liability\nFOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.\nc. For consumers living in Australia: Our goods and services come with\nguarantees that cannot be excluded under the Australian Consumer Law. For\nmajor failures with the service, you are entitled:\nto cancel your service contract with us; and\nto a refund for the unused portion, or to compensation for its reduced\nvalue.\nYou are also entitled to choose a refund or replacement for major failures\nwith goods. If a failure with the goods or a service does not amount to a\nmajor failure, you are entitled to have the failure rectified in a reasonable\ntime. If this is not done you are entitled to a refund for the goods and to\ncancel the contract for the service and obtain a refund of any unused portion.\nYou are also entitled to be compensated for any other reasonably foreseeable\nloss or damage from a failure in the goods or service.\nd. For consumers living in New Zealand, you may have statutory rights under\nthe New Zealand Consumer Guarantees Act, and nothing in these Terms is\nintended to affect those rights.\n12. Limitation of Liability.\na. If you have any basis for recovering damages (including breach of these Terms), to\nthe extent permitted by the applicable law, you agree that your exclusive remedy is to\nrecover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and\nServices providers, and vendors, direct damages up to an amount equal to your Services\nfee for the month during which the loss or breach occurred (or up to USD$10.00 if the\nServices are free).\nb. To the extent permitted by the applicable law, you can't recover any (i) consequential\nlosses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect);\n(iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract\nor business or other losses or damages arising from your use of the Services in a non-\npersonal capacity; (v) special, indirect, incidental or punitive losses or damages; and (vi)\nto the extent permitted by law, direct losses or damages in excess of the caps specified\nin section 12.a above. These limitations and exclusions apply if this remedy doesn't fully\ncompensate you for any losses or fails of its essential purpose or if we knew or should\nhave known about the possibility of the damages. To the maximum extent permitted by\nlaw, these limitations and exclusions apply to anything or any claims related to these\nTerms, the Services, or the software related to the Services.\nc. Microsoft is not responsible or liable for any failure to perform or delay in performing\nits obligations under these Terms to the extent that the failure or delay is caused by\ncircumstances beyond Microsoft’s reasonable control (such as labor disputes, acts of\nGod, war or terrorist activity, malicious damage, accidents or compliance with any\napplicable law or government order). Microsoft will endeavor to minimize the effects of\nany of these events and to perform the obligations that aren’t affected.\n\nTop of page\nService-Specific Terms\nXbox\n13. Service-Specific Terms. The terms before and after section 13 apply generally to all\nServices. This section contains service-specific terms that are in addition to the general\nterms. These service-specific terms govern if there are any conflicts with the general terms.\na. Xbox.\ni. Personal Noncommercial Use. The Xbox online service, Xbox Game\nStudios (https://www.xbox.com/xbox-game-studios) games (including Mojang\nGames), applications, subscriptions (e.g., Xbox Game Pass for PC, Xbox Game Pass\nfor Console, Xbox Game Pass Ultimate), services (e.g., Xbox Live), and content\nprovided by Microsoft (collectively, the \"Xbox Services\") are only for your personal\nand noncommercial use.\nii. Xbox Services. When you sign up to receive Xbox Services, information about\nyour game play, activities and usage of games and Xbox Services will be tracked and\nshared with applicable third-party game developers in order for Microsoft and the\nthird-party game developers to operate their games and to deliver the Xbox\nServices. If you choose to link your Microsoft Xbox Services account with your\naccount on a non-Microsoft service or sign in to your Xbox Services account to\naccess a non-Microsoft Service (for example, a non-Microsoft game publisher of\nThird-Party Apps and Services), you agree that: (a) Microsoft may share limited\naccount information (including without limitation gamertag, gamerscore, game\nscore, game history, and friends list), with that non-Microsoft party as stated in the\nMicrosoft Privacy Statement, and (b) if allowed by your Xbox privacy settings, the\nnon-Microsoft party may also have access to Your Content from in-game\ncommunications when you are signed into your account with that non-Microsoft\nparty. Also, if allowed by your Xbox privacy settings, Microsoft can publish your\nname, gamertag, gamerpic, motto, avatar, gameclips and games that you’ve played\nin communications to people you allow.\niii. Your Content. As part of building the Xbox Services community, you grant to\nMicrosoft, its affiliates and sublicensees a free and worldwide right, to use, modify,\nreproduce, distribute, broadcast, share and display Your Content or your name,\ngamertag, motto, or avatar that you posted for any Xbox Services.\niv. Game Managers. Some games may use game managers, ambassadors, or\nhosts. Game managers and hosts are not authorized Microsoft spokespersons. Their\nviews do not necessarily reflect those of Microsoft.\nv. Kids on Xbox. If you are a minor using the Xbox Services, your parent or\nguardian may have control over many aspects of your account and may receive\nreports about your use of the Xbox Services.\nvi. Game Currency or Virtual Goods. The Xbox Services may include a virtual,\ngame currency (like gold, coins or points) that may be purchased from or on behalf\nof Microsoft using actual monetary instruments if you have reached the age of\n\"majority\" where you live. The Xbox Services may also include virtual, digital items\nor goods that may be purchased from or on behalf of Microsoft using actual\nmonetary instruments or using game currency. Game currency and virtual goods\n\nTop of page\nStore\nmay never be redeemed for actual monetary instruments, goods or other items of\nmonetary value from Microsoft or any other party. Other than a limited, personal,\nrevocable, non-transferable, non-sublicensable license to use the game currency and\nvirtual goods in the Xbox Services only, you have no right or title in or to any such\ngame currency or virtual goods appearing or originating in the Xbox Services, or any\nother attributes associated with use of the Services or stored within the Xbox\nServices. Microsoft may at any time regulate, control, modify and/or eliminate the\ngame currency and/or virtual goods associated with any one or more Xbox games or\napps as it sees fit in its sole discretion to the maximum extent permitted by your\nlocal laws.\nvii. Software Updates. For any device that can connect to Xbox Services, we may\nautomatically check your version of Xbox console software or the Xbox app software\nand download Xbox console or Xbox app software updates or configuration changes,\nincluding those that prevent you from accessing the Xbox Services, using\nunauthorized Xbox games or Xbox apps, or using unauthorized hardware peripheral\ndevices with an Xbox console.\nviii. Gamertag Expiration. You must sign into Xbox Services at least once in a\nfive-year period, otherwise you may lose access to the gamertag associated with\nyour account and that gamertag may become available for use by others.\nix. Cheating and Tampering Software. For any device that can connect to Xbox\nServices, we may automatically check your device for unauthorized hardware or\nsoftware that enables cheating or tampering in violation of the Code of Conduct or\nthese Terms, and download Xbox app software updates or configuration changes,\nincluding those that prevent you from accessing the Xbox Services, or from using\nunauthorized hardware or software that enables cheating or tampering.\nb. Store. \"Store\" refers to a Service that allows you to browse, download, purchase, and\nrate and review applications (the term “application” includes games) and other digital\ncontent. These Terms cover use of certain Stores owned or operated by Microsoft or its\naffiliates (including, but not limited to, the Office Store, Microsoft Store on Windows and\nMicrosoft Store on Xbox). “Office Store” means a Store for Office products and apps for\nOffice, Microsoft 365, SharePoint, Exchange, Access and Project (2013 versions or later),\nor any other experience that is branded Office Store. “Microsoft Store on Windows”\nmeans a Store, owned and operated by Microsoft or its affiliates, for Windows devices\nsuch as phone, PC and tablet, or any other experience that is branded Microsoft Store\nand accessible on Windows devices such as phone, PC, or tablet. “Microsoft Store on\nXbox” means a Store owned and operated by Microsoft or its affiliates for Xbox consoles,\nor any other experience that is branded Microsoft Store and made available on an Xbox\nconsole.\ni. License Terms. We will identify the publisher of each application available in the\nrelevant Store. Unless different license terms are provided with the application, the\nStandard Application License Terms (\"SALT\") at the end of these Terms are an\nagreement between you and the application publisher setting forth the license terms\nthat apply to an application you download through any Store owned or operated by\nMicrosoft or its affiliates (excluding the Office Store). For clarity, these Terms cover\nthe use of, and services provided by, Microsoft Services. Section 5 of these Terms\nalso applies to any Third-Party Apps and Services acquired through a Store.\n\nTop of page\nTop of page\nMicrosoft Family Features\nGroup Messaging\nApplications downloaded through the Office Store are not governed by the SALT and\nhave separate license terms that apply.\nii. Updates. Microsoft will automatically check for and download updates to your\napplications, even if you’re not signed into the relevant Store. You can change your\nStore or system settings if you prefer not to receive automatic updates to Store\napplications. However, certain Office Store applications that are entirely or partly\nhosted online may be updated at any time by the application developer and may not\nrequire your permission to update.\niii. Ratings and Reviews. If you rate or review an application or other Digital\nGood in the Store, you may receive email from Microsoft containing content from\nthe publisher of the application or Digital Good. Any such email comes from\nMicrosoft; we do not share your email address with publishers of applications or\nother Digital Goods you acquire through the Store.\niv. Safety Warning. To avoid possible injury, discomfort or eye strain, you should\ntake periodic breaks from use of games or other applications, especially if you feel\nany pain or fatigue resulting from usage. If you experience discomfort, take a break.\nDiscomfort might include feelings of nausea, motion sickness, dizziness,\ndisorientation, headache, fatigue, eye strain, or dry eyes. Using applications can\ndistract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings,\nfragile or valuable items that could be damaged. A very small percentage of people\nmay experience seizures when exposed to certain visual images like flashing lights\nor patterns that may appear in applications. Even people with no history of seizures\nmay have an undiagnosed condition that can cause these seizures. Symptoms may\ninclude lightheadedness, altered vision, twitching, jerking or shaking of limbs,\ndisorientation, confusion, loss of consciousness, or convulsions. Immediately stop\nusing and consult a doctor if you experience any of these symptoms, or consult a\ndoctor before using the applications if you’ve ever suffered symptoms linked to\nseizures. Parents should monitor their children’s use of applications for signs of\nsymptoms.\nc. Microsoft Family Features. Parents and kids can use Microsoft family features,\nincluding Microsoft Family Safety, to build trust based on a shared understanding of what\nbehaviors, websites, apps, games, physical locations, and spending is right in their\nfamily. Parents can create a family by going to https://account.microsoft.com/family (or\nby following the instructions on their Windows device or Xbox console) and inviting kids\nor other parents to join. There are many features available to family members, so please\ncarefully review the information provided when you agree to create or join a family and\nwhen you purchase Digital Goods for family access. By creating or joining a family, you\nagree to use the family in accordance with its purpose and won’t use it in an\nunauthorized way to unlawfully gain access to another person’s information.\n\nTop of page\nSkype, Microsoft Teams, and GroupMe\nd. Group Messaging. Various Microsoft services allow you to send messages to others\nvia voice or SMS (\"messages\"), and/or allow Microsoft and Microsoft-controlled affiliates\nto send such messages to you and one or more other users on your behalf. WHEN YOU\nINSTRUCT MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES TO SEND SUCH\nMESSAGES TO YOU OR TO OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU\nAND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE\nSUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM\nMICROSOFT \nAND \nMICROSOFT-CONTROLLED \nAFFILIATES. \n\"Administrative \ntext\nmessages\" are periodic transactional messages from a particular Microsoft service,\nincluding but not limited to a \"welcome message\" or instructions on how to stop\nreceiving messages. You or group members no longer wishing to receive such messages\ncan opt-out of receiving further messages from Microsoft or Microsoft-controlled affiliates\nat any time by following the instructions provided. If you no longer wish to receive such\nmessages or participate in the group, you agree that you will opt out through the\ninstructions provided by the applicable program or service. If you have reason to believe\nthat a group member no longer wishes to receive such messages or participate in the\ngroup, you agree to remove them from the group. You also represent and warrant to us\nthat you and each person you have instructed us to message understands that each\ngroup member is responsible for the costs of any message charges assessed by his or\nher mobile carrier, including any international message charges that may apply when\nmessages are transmitted from US-based numbers.\ne. Skype, Microsoft Teams, and GroupMe.\ni. Emergency Services. There are important differences between traditional\nmobile or fixed line telephone services and Skype, Microsoft Teams, and GroupMe.\nMicrosoft is not required to offer access to Emergency Services for Skype, Microsoft\nTeams, and GroupMe under any applicable local or national rules, regulations or law.\nSkype software and products are not intended to support or carry emergency calls\nto any type of hospitals, law enforcement agencies, medical care units or any other\nkind of services that connect a user to emergency services personnel or public\nsafety answering points (\"Emergency Services\").\nii. APIs or Broadcasting. If you want to use Skype software and products in\nconnection with any broadcast, you must comply with the \"Broadcast TOS\"\nat https://www.skype.com/go/legal.broadcast. If you want to use any application\nprogram interface (\"API\") exposed or made available by Skype you must comply\nwith the applicable licensing terms, which are available at www.skype.com/go/legal.\niii. Fair Use Policies. Fair usage policies may apply to your use of Skype software\nand products. Please review these policies which are designed to protect against\nfraud and abuse and may place limits on the type, duration or volume of calls or\nmessages that you are able to make. These policies are incorporated in these Terms\nby \nreference. \nYou \ncan \nfind \nthese \npolicies\nat https://www.skype.com/go/terms.fairusage/.\niv. Mapping. Skype software and products contain features that allow you to submit\ninformation to, or plot yourself on a map using, a mapping service. By using those\nfeatures, you agree to these Terms and the Google Maps terms available\nat https://www.google.com/intl/en_ALL/help/terms_maps.html or such Google Maps\nterms available in your country.\n\nv. Personal/Noncommercial Use. The use of Skype software and products is for\nyour personal and noncommercial use. You are permitted to use Skype at work for\nyour own business communications.\nvi. Skype Number/Skype To Go. If Microsoft provides you with a Skype Number\nor Skype To Go number, you agree that you do not own the number or have a right\nto retain that number forever. In certain countries, a number may be made available\nto you by a Microsoft partner rather than Microsoft, and you may need to enter into\na separate agreement with such partner. For more details on Skype Number\nsee https://go.skype.com/home.skype-number.\nvii. Skype Manager. A \"Skype Manager Admin Account\" is created and managed\nby you, acting as an individual administrator of a Skype Manager group and not as a\nbusiness entity. You may link your individual Microsoft account to a Skype Manager\ngroup (\"Linked Account\"). You may appoint additional administrators to your\nSkype Manager group subject to their acceptance of these Terms. If you allocate\nSkype Numbers to a Linked Account, you are responsible for compliance with any\nrequirements related to the residency or location of your Linked Account users. If\nyou choose to unlink a Linked Account from a Skype Manager group, any allocated\nsubscriptions, Skype Credit or Skype Numbers will not be retrievable and Your\nContent or material associated with the unlinked account will no longer be\naccessible by you. You agree to process any personal information of your Linked\nAccount users in accordance with all applicable data protection laws.\nviii. Skype Charges. All prices for Skype paid products are inclusive of applicable\ntaxes, unless otherwise stated. The charges payable for calling phones outside of a\nsubscription consist of a connection fee (charged once per call) and a per-minute\nrate as set out on www.skype.com/go/allrates. Call charges will be deducted from\nyour Skype Credit balance. Microsoft may change its calling rates at any time by\nposting such change at www.skype.com/go/allrates. The new rate will apply to your\nnext call after publication of the new rates. Please check the latest rates before you\nmake your call. Fractional call minutes and fractional charges will be rounded up to\nthe next whole unit. In some countries, Skype paid products are provided by\nMicrosoft’s local partner and the partner’s terms of use will apply to such\ntransactions. Notwithstanding the foregoing, you may be entitled, under applicable\nlaw, to a refund, upon request, of any pre-paid subscription balance in the event\nyou switch your Skype Number to another provider.\nix. Skype Credit. Microsoft does not guarantee that you will be able to use your\nSkype Credit balance to purchase all Skype paid products. If you do not use your\nSkype Credit for a period of 180-days, Microsoft will place your Skype Credit on\ninactive status. You can reactivate the Skype Credit by following the reactivation link\nat https://www.skype.com/go/store.reactivate.credit. If you are located in Japan\nand you buy Skype Credit from the Skype website, the preceding two sentences do\nnot apply to you and your Skype Credit shall expire 180 days after the date of\npurchase. Once your credit expires, you will no longer be able to reactivate it or use\nit. You can enable the Auto Recharge feature when you buy Skype Credit by ticking\nthe appropriate box. If enabled, your Skype Credit balance will be recharged with\nthe same amount and your chosen payment method every time your Skype balance\ngoes below the threshold set by Skype from time to time. If you purchased a\nsubscription with a payment method other than credit card, PayPal or Moneybookers\n(Skrill), and you have enabled Auto-Recharge, your Skype Credit balance will be\nrecharged with the amount necessary to purchase your next recurring subscription.\nYou can disable Auto-Recharge at any time by accessing and changing your settings\nin your account portal in Skype.\n\nTop of page\nTop of page\nBing and MSN\nCortana\nx. International Message Fees. GroupMe and Microsoft Teams currently uses US-\nbased numbers for each group created. Every text message sent to or received from\na GroupMe or Microsoft Teams number will count as an international text message\nsent to or received from the United States. Please check with your provider for the\nassociated international rates.\nf. Bing and MSN.\ni. Bing and MSN Materials. The articles, text, photos, maps, videos, video players\nand third-party material available on Bing and MSN, including through Microsoft\nbots, applications and programs, are for your noncommercial, personal use only.\nOther uses, including downloading, copying or redistributing these materials, or\nusing these materials or products to build your own products, are permitted only to\nthe extent specifically authorized by Microsoft or rights holders, or allowed by\napplicable copyright law. Microsoft or other rights holders reserve all rights to the\nmaterial not expressly granted by Microsoft under the license terms, whether by\nimplication, estoppel, or otherwise.\nii. Bing Maps. You may not use Bird's eye imagery of the United States, Canada,\nMexico, New Zealand, Australia or Japan for governmental use without our separate\nwritten approval.\niii. Bing Places. When you provide your Data or Your Content to Bing Places, you\ngrant Microsoft a worldwide, royalty-free intellectual property license to use,\nreproduce, save, modify, aggregate, promote, transmit, display or distribute as part\nof a service, and sub-license those rights to third parties.\ng. Cortana.\ni. Personal Noncommercial Use. Cortana is Microsoft’s personal assistant\nService. \nThe \nfeatures, \nservices \nand \ncontent \nprovided \nby \nCortana\n(collectively \"Cortana Services\") are only for your personal and noncommercial\nuse.\nii. Functionality and Content. Cortana provides a range of features, some of\nwhich are personalized. Cortana Services may allow you to access services,\ninformation or functionality provided by other Microsoft Services or Third-Party Apps\nand Services. The service-specific Terms of section 13 also apply to your use of\napplicable Microsoft Services accessed through Cortana Services. Cortana provides\ninformation for your planning purposes only and you should exercise your own\nindependent judgment when reviewing and relying on this information. Microsoft\ndoes not guarantee the reliability, availability or timeliness of personalized\nexperiences provided by Cortana. Microsoft is not responsible if a Cortana feature\ndelays or prevents you from receiving, reviewing or sending a communication or\nnotification, or obtaining a service.\niii. Third-Party Apps and Services. As part of delivering the Cortana Services,\nCortana may suggest and help you interact with Third-Party Apps and Services\n\nTop of page\nTop of page\nOffice Services\nMicrosoft Health Services\n(third-party skills or connected services). If you choose, Cortana may exchange\ninformation with Third-Party Apps and Services, such as your zip code and queries\nand responses returned by the Third-Party App and Services, to help you obtain\nrequested services. Cortana may enable you to make purchases through Third-Party\nApps and Services using the account preferences and settings you have established\ndirectly with those Third-Party Apps and Services. You can disconnect your Cortana\nService from Third-Party Apps and Services at any time. Your use of Cortana\nServices to connect with Third-Party Apps and Services is subject to section 5 of\nthese Terms. Publishers of Third-Party Apps and Services may change or discontinue\nthe functionality or features of their Third-Party Apps and Services or integration\nwith Cortana Services. Microsoft is not responsible or liable for manufacturer\nprovided software or firmware.\niv. Cortana-Enabled Devices. Cortana-enabled devices are products or devices\nthat are enabled to access Cortana Services, or products or devices that are\ncompatible with Cortana Services. Cortana-enabled devices include third-party\ndevices or products that Microsoft does not own, manufacture, or develop. Microsoft\nis not responsible or liable for these third-party devices or products.\nv. Software Updates. We may automatically check your version of Cortana\nServices software and download software updates or configuration change or\nrequire any manufacturers of Cortana enabled devices to keep the Cortana Services\nsoftware up to date.\nh. Office Services.\ni. Microsoft 365 Home, Microsoft 365 Personal, Office Online, Sway, OneNote.com\nand any other Microsoft 365 subscription or Office-branded Services are for your\npersonal, noncommercial use, unless you have commercial use rights under a\nseparate agreement with Microsoft. Use of apps such as Word, Excel, PowerPoint,\nOutlook, OneDrive, Access and Publisher in Microsoft 365 Family, Microsoft 365\nPersonal and any other Microsoft 365 subscription Services is governed by\nsupplemental license terms located at https://aka.ms/useterms together with these\nTerms.\nii. Outlook. Outlook includes use of Bing Maps. Any content provided through Bing\nMaps, including geocodes, can only be used within the product through which the\ncontent is provided. Your use of Bing Maps is governed by the Bing Maps End User\nTerms of Use available at go.microsoft.com/?linkid=9710837 and the Microsoft\nPrivacy Statement available at go.microsoft.com/fwlink/?LinkID=248686.\ni. Microsoft Health Services.\nMicrosoft Band. Microsoft Band device and application are not medical devices\nand are intended for fitness and wellness purposes only. They are not designed or\nintended for use in the diagnosis of disease or other conditions, or in the cure,\nmitigation, treatment, or prevention of disease or other conditions. Microsoft is not\n\nTop of page\nTop of page\nDigital Goods\nTop of page\nOneDrive\nMicrosoft Rewards\nresponsible for any decision you make based on information you receive from\nMicrosoft Band.\nj. Digital Goods. Through Microsoft Groove, Microsoft Movies & TV, Store, Xbox\nServices and any other related and future services, Microsoft may enable you to obtain,\nlisten to, view, play or read (as the case may be) music, images, video, text, books,\ngames or other material (\"Digital Goods\") that you may get in digital form. The Digital\nGoods are only for your personal, noncommercial entertainment use. You agree not to\nredistribute, broadcast, publicly perform or publicly display or transfer any copies of the\nDigital Goods. Digital Goods may be owned by Microsoft or by third parties. In all\ncircumstances, you understand and acknowledge that your rights with respect to Digital\nGoods are limited by these Terms, copyright law, and the Usage Rules located\nat https://go.microsoft.com/fwlink/p/?LinkId=723143. You agree that you will not\nattempt to modify any Digital Goods obtained through any of the Services for any reason\nwhatsoever, including for the purpose of disguising or changing ownership or source of\nthe Digital Goods. Microsoft or the owners of the Digital Goods may, from time to time,\nremove Digital Goods from the Services without notice.\nk. OneDrive.\ni. Storage Allocation. If you have more content stored in your OneDrive account\nthan is provided to you under the terms of your free or paid subscription service for\nOneDrive and you do not respond to notice from Microsoft to fix your account by\nremoving excess content or moving to a new subscription plan with more storage,\nwe reserve the right to close your account and delete or disable access to Your\nContent on OneDrive.\nii. Service Performance. Depending on factors such as your equipment, internet\nconnection and Microsoft’s efforts to maintain the performance and integrity of its\nservice, you may occasionally experience delays in uploading or syncing content on\nOneDrive.\nl. Microsoft Rewards.\ni. Microsoft Rewards (the \"Program\") enables you to earn redeemable points for\nactivities such as qualified searches, acquisitions, and other offers from Microsoft.\nOffers may vary by market. A search is the act of an individual user manually\nentering text for the good faith purpose of obtaining Bing search results for such\nuser’s own research purposes and does not include any query entered by a bot,\nmacro, or other automated or fraudulent means of any kind (\"Search\"). An\nacquisition is the process of purchasing goods or downloading and acquiring a\n\nlicense for digital content from Microsoft, whether free or paid (\"Acquisition\").\nRewards points are not offered for every purchase from Microsoft. Microsoft may\noffer additional opportunities to earn points from time to time, and each points-\nearning offer will not be available in perpetuity. Your earned points can be redeemed\nfor \nrewards \nlisted \non \nthe \nredeem \npage\nat https://aka.ms/redeemrewards (\"Rewards\"). For more information see the\nRewards section at support.microsoft.com (https://support.microsoft.com) (\"FAQ\").\n1. Program Requirements. You need a valid Microsoft account and your devices\nmust \nmeet \nthe \nminimum \nsystem\nrequirements (https://account.microsoft.com/rewards/). The Program is open to\nusers who reside in the markets listed in the FAQ. Individuals can have no more\nthan one Program account, even if an individual has multiple email addresses,\nand households are limited to six accounts. The Program is solely for your\npersonal and noncommercial use.\n2. Points. Except for sharing points within your Microsoft family (limits may\napply) or donating your points to a nonprofit organization listed on the redeem\npage, you cannot transfer points. Points are not your personal property, and\nyou may not obtain any cash or money in exchange for them. Points are\nawarded to you on a promotional basis. You cannot purchase points. Microsoft\nmay limit the quantity of points or Rewards per person, per household, or over\na set period (e.g., a day) provided that you are not disadvantaged in breach of\ngood faith. You may redeem no more than 550,000 points per calendar year in\nthe Program. Points earned in the Program are not valid in, and may not be\nused in combination with, any other program offered by Microsoft or third\nparties. Unredeemed points expire if you do not earn or redeem any\npoints for 18 months.\n3. Rewards. You may redeem your points or you may contribute points to a\nlisted \nnonprofit \norganization \nby \nvisiting \nthe \nredeem\npage (https://aka.ms/redeemrewards) or by signing up for automatic\ncontributions to non-profit organizations through a giving program. There may\nbe a limited number of a particular Reward available, and those Rewards will be\ndelivered on a first-come, first-served basis. You may be required to provide\nadditional information, like your mailing address and a telephone number (other\nthan a VOIP or toll-free number), and you may also be asked to enter a fraud-\nprevention code or sign additional legal documents to redeem points for\nRewards. Once you order a Reward, you cannot cancel it or return it for a\nrefund of points except in the case of defective products or as required by\napplicable law. If you order a Reward that is out of stock or unavailable for\nother reasons, we may substitute a Reward of comparable value or refund your\npoints. Microsoft may update the Rewards offered on the redeem page or\ndiscontinue offering specific Rewards. Some Rewards may have age eligibility\nrequirements. Any such requirements will be included in the relevant offer. You\nare responsible for all federal, state, and local taxes and any other costs of\naccepting and using the Reward. Rewards will be emailed to the email address\nassociated with your Microsoft account, so keep your email address up to date.\nRewards that are undeliverable will not be reissued and are therefore forfeited.\nRewards are not for resale. For more information about contributing points\nautomatically \nto \nnon-profit \norganizations, \nsee \nthe \nGive \nwith \nBing\nFAQs (https://www.microsoft.com/rewards/give-mode-overview).\n4. Cancelling Your Participation in the Program. If you no longer wish to\nparticipate in the Microsoft Rewards program, follow the instructions on the opt\nout page (https://account.microsoft.com/rewards/optout?confirm=false). If you\nopt out, you will immediately lose all of your available points. Your Program\n\nTop of page\nTop of page\nAzure\nMiscellaneous\naccount may be cancelled if you do not log in at least once in an 18-month\nperiod. Additionally, Microsoft reserves the right to cancel the Program account\nof a specific user for tampering with, abusing or defrauding the Program, or for\nbreach of these terms. Upon Program cancellation (by you or us) or if the\nProgram is suspended, you will have 90 days to redeem your points; otherwise,\nthose points will be forfeited. At the point of cancellation, your right to use the\nProgram and accrue future points ends.\n5. Other Conditions. Microsoft reserves the right to disqualify you; disable your\naccess to the Program or your Rewards account; and/or withhold points,\nRewards and charitable contributions, if Microsoft believes you are tampering\nwith or abusing any aspect of the Program, ineligible to receive a Reward for\nlegal reasons (such as export laws), or may be engaging in activities that\nviolate these Terms.\nm. Azure. Your use of the Azure service is governed by the terms and conditions of the\nseparate agreement under which you obtained the services, as detailed on the Microsoft\nAzure Legal Information page at https://aka.ms/AA7z67v.\n14. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before the end of\nthese Terms), 10, 11, 12, 15, 17 and those that by their terms apply after these Terms end\nwill survive any termination or cancellation of these Terms. To the extent permitted by\napplicable law, we may assign these Terms, subcontract our obligations under these Terms,\nor sublicense our rights under these Terms, in whole or in part, at any time without notice to\nyou. You may not assign these Terms or transfer any rights to use the Services. This is the\nentire agreement between you and Microsoft for your use of the Services. It supersedes any\nprior agreements between you and Microsoft regarding your use of the Services. In entering\ninto these Terms, you have not relied on any statement, representation, warranty,\nunderstanding, undertaking, promise or assurance other than as expressly set out in these\nTerms. All parts of these Terms apply to the maximum extent permitted by relevant law. If a\ncourt or arbitrator holds that we can't enforce a part of these Terms as written, we may\nreplace those terms with similar terms to the extent enforceable under the relevant law, but\nthe rest of these Terms won't change. These Terms are solely for your and our benefit. These\nTerms are not for the benefit of any other person, except for Microsoft’s successors and\nassigns. Section headings are for reference only and have no legal effect.\n15. Claims Must Be Filed Within One Year. Any claim related to these Terms or the\nServices must be filed in court (or arbitration if section 10.d applies) within one year of the\ndate you could first file the claim, unless your local law requires a longer time to file claims. If\nnot filed within that time, then it's permanently barred.\n16. Export Laws. You must comply with all domestic and international export laws and\nregulations that apply to the software and/or Services, which include restrictions on\ndestinations, end users, and end use. For further information on geographic and export\nrestrictions, visit https://www.microsoft.com/exporting.\n\nTop of page\nNOTICES\n17. Reservation of Rights and Feedback. Except as expressly provided under these\nTerms, Microsoft does not grant you a license or any other rights of any type under any\npatents, know-how, copyrights, trade secrets, trademarks or other intellectual property\nowned or controlled by Microsoft or any related entity, including but not limited to any name,\ntrade dress, logo or equivalents. If you give to Microsoft any idea, proposal, suggestion or\nfeedback, including without limitation ideas for new products, technologies, promotions,\nproduct names, product feedback and product improvements (\"Feedback\"), you give to\nMicrosoft, without charge, royalties or other obligation to you, the right to make, have made,\ncreate derivative works, use, share and commercialize your Feedback in any way and for any\npurpose. You will not give Feedback that is subject to a license that requires Microsoft to\nlicense its software, technologies or documentation to any third party because Microsoft\nincludes your Feedback in them.\nNotices \nand \nprocedure \nfor \nmaking \nclaims \nof \nintellectual \nproperty\ninfringement. Microsoft respects the intellectual property rights of third parties. If you wish\nto send a notice of intellectual property infringement, including claims of copyright\ninfringement, \nplease \nuse \nour \nprocedures \nfor \nsubmitting \nNotices \nof\nInfringement \n(https://www.microsoft.com/info/cpyrtInfrg.html). \nONLY \nINQUIRIES\nRELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.\nMicrosoft uses the processes set out in Title 17, United States Code, Section 512 to respond\nto notices of copyright infringement. In appropriate circumstances, Microsoft may also disable\nor terminate accounts of users of Microsoft services who may be repeat infringers.\nNotices \nand \nprocedures \nregarding \nintellectual \nproperty \nconcerns \nin\nadvertising. \nPlease \nreview \nour \nIntellectual \nProperty\nGuidelines (https://go.microsoft.com/fwlink/?LinkId=243207) regarding intellectual property\nconcerns on our advertising network.\nCopyright and trademark notices. The Services are copyright © Microsoft Corporation\nand/or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A. All rights reserved. The\nTerms incorporate Microsoft Trademark & Brand Guidelines (https://www.microsoft.com/en-\nus/legal/intellectualproperty/trademarks/usage/general.aspx) (as amended from time to\ntime). Microsoft and the names, logos, and icons of all Microsoft products, software, and\nservices may be either unregistered or registered trademarks of the Microsoft group of\ncompanies in the United States and/or other jurisdictions. The following is a non-exhaustive\nlist \nof \nMicrosoft’s \ntrademarks \nat \nhttps://www.microsoft.com/en-\nus/legal/intellectualproperty/trademarks/EN-US.aspx. The names of actual companies and\nproducts may be the trademarks of their respective owners. Any rights not expressly granted\nin these Terms are reserved. Certain software used in certain Microsoft website servers is\nbased in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas\nG. Lane. All rights reserved. \"gnuplot\" software used in certain Microsoft website servers is\ncopyright © 1986‑1993 Thomas Williams, Colin Kelley. All rights reserved.\nMedical notice. Microsoft does not provide medical or any other health care advice,\ndiagnosis or treatment. Always seek the advice of your physician or other qualified health\ncare provider with any questions you may have regarding a medical condition, diet, fitness or\nwellness program. Never disregard professional medical advice or delay in seeking it because\nof information you accessed on or through the Services.\nStock quotes and index data (including index values). Financial information provided\nthrough the Services is for your personal, noncommercial use only. You may not use any of\nthe finance data or marks of any third-party licensor in connection with the issuance,\n\nTop of page\nSTANDARD APPLICATION LICENSE\nTERMS\ncreation, sponsorship, trading, marketing, or promotion of any financial instruments or\ninvestment products (for example, indices, derivatives, structured products, investment\nfunds, exchange-traded funds, investment portfolios, etc., where the price, return and/or\nperformance of the instrument or investment product is based on, related to, or intended to\ntrack any of the finance data) without a separate written agreement with the third-party\nlicensor.\nFinancial notice. Microsoft isn't a broker/dealer or registered investment advisor under\nUnited States federal securities law or securities laws of other jurisdictions and doesn't advise\nindividuals as to the advisability of investing in, purchasing, or selling securities or other\nfinancial products or services. Nothing contained in the Services is an offer or solicitation to\nbuy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data\nendorse or recommend any particular financial products or services. Nothing in the Services\nis intended to be professional advice, including without limitation, investment or tax advice.\nNotice about the H.264/AVC, MPEG-4 Visual, and VC-1 Video Standards. The\nsoftware may include H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be\nlicensed by MPEG LA, L.L.C. This technology is a format for data compression of video\ninformation. MPEG LA, L.L.C. requires this notice:\nTHIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL, AND THE VC-1\nPATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A\nCONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS (\"VIDEO\nSTANDARDS\") AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL, AND VC-1 VIDEO THAT\nWAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL\nACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH\nVIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF\nWHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO\nLICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL\nINFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA\nWEBSITE (https://www.mpegla.com).\nFor clarification purposes only, this notice does not limit or inhibit the use of the software\nprovided under these Terms for normal business uses that are personal to that business\nwhich do not include (i) redistribution of the software to third parties, or (ii) creation of\nmaterial with the VIDEO STANDARDS compliant technologies for distribution to third parties.\nSTANDARD APPLICATION LICENSE TERMS\nMICROSOFT STORE, MICROSOFT STORE ON WINDOWS, AND MICROSOFT STORE\nON XBOX\nThese license terms are an agreement between you and the application publisher. Please\nread them. They apply to the software applications you download from the Microsoft Store,\nthe Microsoft Store on Windows or the Microsoft Store on Xbox (each of which is referred to\nin these license terms as the \"Store\"), including any updates or supplements for the\napplication, unless the application comes with separate terms, in which case those terms\napply.\nBY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY\nOF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE\nNO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.\n\nThe application publisher means the entity licensing the application to you, as\nidentified in the Store.\nIf you comply with these license terms, you have the rights below.\n1. INSTALLATION AND USE RIGHTS; EXPIRATION. You may install and use the\napplication on Windows devices or Xbox consoles as described in Microsoft's Usage\nRules (https://go.microsoft.com/fwlink/p/?LinkId=723143). Microsoft reserves the right\nto modify Microsoft's Usage Rules (https://go.microsoft.com/fwlink/p/?LinkId=723143)\nat any time.\n2. INTERNET-BASED SERVICES.\na. Consent for Internet-based or wireless services. If the application connects\nto computer systems over the Internet, which may include via a wireless network,\nusing the application operates as your consent to the transmission of standard\ndevice information (including but not limited to technical information about your\ndevice, system and application software, and peripherals) for Internet-based or\nwireless services. If other terms are presented in connection with your use of\nservices accessed using the application, those terms also apply.\nb. Misuse of Internet-based services. You may not use any Internet-based\nservice in any way that could harm it or impair anyone else’s use of it or the wireless\nnetwork. You may not use the service to try to gain unauthorized access to any\nservice, data, account, or network by any means.\n3. SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives\nyou some rights to use the application. If Microsoft disables the ability to use the\napplications on your devices pursuant to your agreement with Microsoft, any associated\nlicense rights will terminate. The application publisher reserves all other rights. Unless\napplicable law gives you more rights despite this limitation, you may use the application\nonly as expressly permitted in this agreement. In doing so, you must comply with any\ntechnical limitations in the application that only allow you to use it in certain ways. You\nmay not:\na. Work around any technical limitations in the application.\nb. Reverse engineer, decompile, or disassemble the application, except and only to\nthe extent that applicable law expressly permits, despite this limitation.\nc. Make more copies of the application than specified in this agreement or allowed\nby applicable law, despite this limitation.\nd. Publish or otherwise make the application available for others to copy.\ne. Rent, lease, or lend the application.\nf. Transfer the application or this agreement to any third party.\n4. DOCUMENTATION. If documentation is provided with the application, you may copy\nand use the documentation for personal reference purposes.\n5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to\nUnited States or international technology control or export laws and regulations. You\nmust comply with all domestic and international export laws and regulations that apply\nto the technology used or supported by the application. These laws include restrictions\non destinations, end users, and end use. For information on Microsoft branded products,\ngo to the Microsoft exporting website (https://go.microsoft.com/fwlink/?linkid=868967).\n6. SUPPORT SERVICES. Contact the application publisher to determine what support\nservices are available. Microsoft, your hardware manufacturer and your wireless carrier\n(unless one of them is the application publisher) aren’t responsible for providing support\nservices for the application.\n\n7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy, any additional\nterms that accompany the application, and the terms for supplements and updates are\nthe entire license agreement between you and application publisher for the application.\n8. APPLICABLE LAW.\na. United States and Canada. If you acquired the application in the United\nStates or Canada, the laws of the state or province where you live (or, if a\nbusiness, where your principal place of business is located) govern the\ninterpretation of this agreement and applies to claims for breach of it, and\nall other claims (including consumer protection, unfair competition, and\ntort claims) regardless of conflict of laws principles.\nb. Outside the United States and Canada. If you acquired the application\nin any other country, the laws of that country apply.\n9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other\nrights under the laws of your state or country. This agreement doesn’t change your\nrights under the laws of your state or country if the laws of your state or country don’t\npermit it to do so.\n10. DISCLAIMER OF WARRANTY. Subject to applicable law, the application is\nlicensed \"as-is\", \"with all faults\" and \"as available\". You bear all risk of using\nit. The application publisher, on behalf of itself, Microsoft (if Microsoft isn’t\nthe application publisher), wireless carriers over whose network the\napplication is provided, and each of our respective affiliates, vendors, agents\nand suppliers (\"Covered Parties\"), gives no express warranties, guarantees, or\nconditions in relation to the application. The entire risk as to the quality,\nsafety, comfort, and performance of the application is with you. Should the\napplication prove defective, you assume the entire cost of all necessary\nservicing or repair. You may have additional consumer rights under your local\nlaws that this agreement can't change. To the extent permitted under your\nlocal laws, Covered Parties exclude any implied warranties or conditions,\nincluding those of merchantability, fitness for a particular purpose, safety,\ncomfort and non-infringement.\n11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the\nextent not prohibited by law, if you have any basis for recovering damages,\nyou can recover from the application publisher only direct damages up to the\namount you paid for the application or USD$1.00, whichever is greater.\nSubject to applicable law, you will not, and waive any right to, seek to recover\nany other damages, including consequential, lost profits, special, indirect or\nincidental damages from the application publisher. If your local laws impose a\nwarranty, guarantee or condition even though these terms do not, subject to\napplicable law, its duration is limited to 90-days from when you download the\napplication.\nThis limitation applies to:\nAnything related to the application or services made available through the\napplication; and\nClaims for breach of contract, warranty, guarantee, or condition; strict\nliability, negligence, or other tort; violation of a statute or regulation; unjust\nenrichment; or under any other theory; all to the extent permitted by\napplicable law.\nIt also applies even if:\nThis remedy doesn’t fully compensate you for any losses; or\n\nTop of page\nCovered Services\nThe application publisher knew or should have known about the possibility of\nthe damages.\nThe following products, apps and services are covered by the Microsoft Services Agreement,\nbut may not be available in your market.\nAccount.microsoft.com\nBing Apps\nBing Dictionary\nBing Image and News (iOS)\nBing Maps\nBing Pages\nBing Rebates\nBing Search APIs/SDKs\nBing Search app\nBing Translator\nBing Webmaster\nBing.com\nBingplaces.com\nCortana skills by Microsoft\nCortana\nDefault Homepage and New Tab Page on Microsoft Edge\nDev Center App\nDevice Health App\nDictate\neducation.minecraft.net\nFace Swap\nFeedback Intake Tool for Azure Maps (aka “Azure Maps Feedback”)\nForms.microsoft.com\nforzamotorsport.net\nGroove Music Pass\nGroove\nGroupMe\nLineBack\nMaps App\nMicrosoft 365 Business Standard and Microsoft 365 Apps*\n*Until a commercial domain is established for use of these services, at which time\nseparate Microsoft commercial terms will govern instead.\nMicrosoft 365 Consumer\nMicrosoft 365 Family\nMicrosoft 365 Personal\nMicrosoft Academic\nMicrosoft account\nMicrosoft Add-Ins for Skype\nMicrosoft Bots\nMicrosoft Educator Community\nMicrosoft Family\nMicrosoft Health\nMicrosoft Launcher\nMicrosoft Math Solver\nMicrosoft Movies & TV\n\nMicrosoft Pay\nMicrosoft Pix\nMicrosoft Research Interactive Science\nMicrosoft Research Open Data\nMicrosoft Search in Bing\nMicrosoft Soundscape\nMicrosoft Start\nMicrosoft Support and Recovery Assistant for Office 365\nMicrosoft Teams\nMicrosoft Translator\nMicrosoft Wallpaper\nMicrosoft XiaoIce\nMinecraft games\nMinecraft Realms Plus and Minecraft Realms\nMixer\nMSN Dial Up\nMSN Explorer\nMSN Food & Drink\nMSN Health & Fitness\nMSN Money\nMSN News\nMSN Premium\nMSN Sports\nMSN Travel\nMSN Weather\nMSN.com\nNext Lock Screen\nOffice 365 Pro Plus optional connected experiences\nOffice for the web (formerly Office Online)\nOffice in Microsoft 365 Consumer\nOffice in Microsoft 365 Family\nOffice in Microsoft 365 Personal\nOffice Store\nOffice Sway\nOffice.com\nOneDrive.com\nOneDrive\nOneNote.com\nOutlook.com\nPaint 3D\nPresentation Translator\nRinna\nrise4fun\nSeeing AI\nSend\nSkype in the Classroom\nSkype Manager\nSkype.com\nSkype\nSmart Search\nSnip Insights\nSpreadsheet Keyboard\nStore\nSway.com\nto-do.microsoft.com\n\nTranslator for Microsoft Edge\nTranslator Live\nUrWeather\nux.microsoft.com\nVideo Breakdown\nVisio Online\nWeb Translator\nwhiteboard.office.com\nWindows games, apps and websites published by Microsoft\nWindows Live Mail\nWindows Live Writer\nWindows Movie Maker\nWindows Photo Gallery\nWindows Store\nXbox Game Pass\nXbox Game Studios games, apps and websites\nXbox Live Gold\nXbox Live\nXbox Music\nXbox Store\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":0,"explanation":"Setting out in the ToS the main parameters used in the recommender system but not in a clear, accessible and easily comprehensible manner"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Yahoo","url":"https://legal.yahoo.com/us/en/yahoo/terms/otos/index.html","lang":"ENG","sector":"Various","hq":"US","hq_category":"US","is_public":"Indirectly public (previously public, delisted)","is_paid":"Optionally paid","date":"25.01.2022"},"document":{"title":"","text":"Yahoo Terms of Service\nExciting news! Our parent company has been acquired by funds managed by affiliates\nof Apollo Global Management, Inc. and its consolidated subsidiaries. Read more in\nour press release. For now, the way we process your information and the company\nproviding the sites and apps you use remain the same.\nIn June 2017, we announced that Yahoo and AOL joined to become a unified digital and\nmobile media company. We are now operating under these unified Yahoo Terms of\nService. If you have a Yahoo or an AOL account, you will need to agree to these Terms.\n(Note, if you have not yet agreed to these Terms, the legacy Yahoo Terms of\nService or legacy Oath Terms of Service (for AOL) still apply to your account.) For all\nYahoo products or services that are accessed without signing into an account, the\nTerms below apply to those products and services effective May 25, 2018. If you are\ncreating a new account, the Terms below apply starting today.\nYahoo Terms of Service\n1. Welcome to Yahoo\n\nYahoo Inc. and all of its brands listed in Section 13 (including Yahoo and AOL brands)\nand the corporate entities listed in Sections 13 and Section 14 (collectively, “Yahoo”,\n“us,” “we” or “our”) are part of the Yahoo family of companies. Our brands, websites,\napps, products, services and technologies (“Services”) are provided by the entities\nlisted in Section 13 below. Please carefully read Sections 1 through 13, 14.1, and 14.2,\nwhich are the sections that apply to you.\n\nBy using the Services, you agree to these terms, the policies in our Privacy Center,\nand any community guidelines and supplemental terms provided to you for the\nServices that you use (collectively, “Terms”). Please read the Terms carefully, as they\nform your entire agreement with us.\n\nTHESE TERMS CONTAIN LIMITATIONS OF OUR LIABILITY IN SECTION 9. \n\nU.S. USERS: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT\nAND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION\n14.2 BELOW, WHICH ARE APPLICABLE TO ALL U.S. USERS.\n2. Using the Services\na. Authority. You agree that you are permitted to use the Services under applicable law.\nIf you are using the Services on behalf of a company, business or other entity, you\nrepresent that you have the legal authority to accept these Terms on behalf of that\nentity, in which case that entity accepts these Terms, and \"you\" means that entity. If\nyou are accessing an account(s) on behalf of the account owner (e.g., as an\nadministrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of\nthe account owner.\nb. Indemnity. If you are using the Services on behalf of a company, business or other\nentity, or if you are using the Services for commercial purposes, you and the entity\nwill hold harmless and indemnify the Yahoo Entities (defined in Section 8 below) from\nany suit, claim or action arising from or related to the use of the Services or violation\nof these Terms, including any liability or expense arising from claims (including claims\nfor negligence), losses, damages, suits, judgments, litigation costs and attorneys’\nfees.\nc. Age. If you are under the Minimum Age (as defined for your region in Section 14) you\nmay not register for an account. Unless you are the holder of an existing account in\nthe United States that is a Yahoo Family Account, you must be at least the Minimum\nAge to use the Services. Certain portions of the Services contain adult and/or mature\ncontent. Please do not access that content unless you are an adult (i.e., at least the\nage of majority in your country) or unless otherwise expressly indicated.\nd. Member conduct. You agree not to use the Services in any manner that\nviolates these Terms or our Community Guidelines, including to:\ni. obtain or attempt to obtain unauthorized access to the Services or to our servers,\nsystems, network, or data;\nii. make available any content that is harmful to children, threatening, abusive,\nharassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's\nprivacy, hateful, or racially, ethnically, or otherwise objectionable;\n\niii. violate any applicable laws or regulations;\niv. impersonate any person or entity; or forge or manipulate headers or identifiers to\ndisguise the origin of any content transmitted through the Service;\nv. make available any content that you do not have the right to make available or that\ninfringes any patent, trademark, trade secret, copyright or other proprietary rights of\nany person or entity;\nvi. post content containing advertisements or other commercial solicitations without our\nprior written permission;\nvii. make available viruses or any other computer code, files, programs or content\ndesigned to interrupt, destroy or limit the functionality of the Services or affect other\nusers; or\nviii. interfere with or disrupt the Services or servers, systems or networks connected to\nthe Services in any way.\ne. Use of Services. You must follow any guidelines or policies associated with the\nServices. You must not misuse or interfere with the Services or try to access them\nusing a method other than the interface and the instructions that we provide. You may\nuse the Services only as permitted by law. Unless otherwise expressly stated, you\nmay not access or reuse the Services, or any portion thereof, for any commercial\npurpose.\nf. Export Control. You agree to comply with the export control laws and regulations of\nthe United States and trade controls of other applicable countries, including without\nlimitation the Export Administration Regulations of the U.S Department of Commerce,\nBureau of Industry and Security and the embargo and trade sanctions programs\nadministered by the U.S. Department of Treasury, Office of Foreign Assets Control.\nYou represent and warrant that you: (1) are not a prohibited party identified on any\ngovernment export exclusion lists (see\ne.g., http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm); (2) will not\nre-export or use the Services to transfer software, technology, or other technical data\nto prohibited parties or countries; and (3) will not use the Services for military, nuclear,\n\nmissile, chemical or biological weaponry end uses or conduct any other activities\ninvolving the Services that violate the export and import laws of the U.S. or other\napplicable countries.\ng. Anti-Corruption Laws. You agree to comply with all applicable anti-corruption laws\nincluding laws that prohibit unlawful payments to anyone for a corrupt purpose in\nrelation to these Terms.\nh. Ownership and Reuse. Using the Services does not give you ownership of any\nintellectual or other property rights or interests in the Services or the content you\naccess. You must not use any branding or logos used in the Services unless we have\ngiven you separate explicit written permission. You may not remove, obscure, or alter\nany legal notices displayed in or along with the Services. Unless you have explicit\nwritten permission, you must not reproduce, modify, rent, lease, sell, trade, distribute,\ntransmit, broadcast, publicly perform, create derivative works based on, or exploit for\nany commercial purposes, any portion or use of, or access to, the Services (including\ncontent, advertisements, APIs, and software).\ni. Software License. Subject to your continuing compliance with these Terms, we\ngrant you a personal, royalty-free, non-transferable, non-assignable, revocable, and\nnon-exclusive license to use the software and APIs we may provide to you as part of\nthe Services. This license is for the sole purpose of enabling you to use and enjoy the\nbenefit of the Services we provide, in the manner permitted by these Terms and any\nadditional terms or guidelines. You may not reverse engineer or attempt to extract the\nsource code of our software, unless applicable laws prohibit those restrictions or you\nhave our explicit written permission. Our software may automatically download and\ninstall security or other updates without prior notification to you.\nj. Support. Unless otherwise expressly stated, we do not promise to provide you with\nany support for the Services. If we provide you with support, it is at our sole discretion\nand does not mean that we will continue to provide you with support in the future.\nk. Fees. We reserve the right to charge fees for use of or access to the Services (and\nany associated support), whether currently in existence or not, in our sole discretion.\nIf we decide to charge fees, our payment terms will apply and we will provide you with\nprior notice.\n\nl. Different Versions of the Services. Different features may be available in different\nversions of the Services and not all features may be available in your country or\nregion. Also, not all features may be available if the user that you are communicating\nwith is using a different version of the Services, or is using third party software.\nm. Anti-Abuse Policy. We prohibit sending unsolicited emails or messages using\nour Services. You may not in connection with the Services engage in commercial\nactivity on non-commercial properties or apps or high volume activity without our prior\nwritten consent. You may not engage in conduct or activity that is disruptive to the\nServices or the experience of other users.\nn. Envrmnt 360 Terms. U.S. Users: The Envrmnt 360 terms apply to you and can be\nfound here and here in Spanish.\no. RSS Feeds. If you use an RSS feed provided by us (each, a “Yahoo RSS Feed”), you\nare only permitted to display the content that is provided in the feed, without\nmodification, and you must provide attribution to our source website and link to the\nfull article on Yahoo RSS Feed content. You may not incorporate advertising into\nany Yahoo RSS Feed. We reserve the right to discontinue any Yahoo RSS Feed at\nany time and to require anyone to cease use of a Yahoo RSS Feed at any time for\nany reason. Each of our products or services may also have more specific terms of\nuse for related Yahoo RSS Feeds.\n3. Your Account; Notices\na. Account Information. You may need an account to use some Services. You must\nensure that your account information (that is, the information you provided when you\nregistered for or subscribed to a Service) remains current, complete, accurate and\ntruthful. With the exception of AOL accounts, all Yahoo accounts are non-\ntransferable, and any rights to them terminate upon the account holder’s death.\nb. Access to Your Account. You are responsible for all activity that happens on or\nthrough your account. To protect your account, keep your password confidential. Do\nnot reuse your account password with other services. Without prejudice to your\nstatutory rights, if you forget your password and otherwise cannot validate your\naccount to Yahoo, you acknowledge and agree that your account may be\ninaccessible to you and that all data associated with the account may not be\nretrievable.\n\nc. Notices. Yahoo may provide you with notices, including service announcements and\nnotices regarding changes to these Terms, by, but not limited to, email, regular mail,\ntext message or SMS, MMS, push notification or in-app message, postings on the\nServices, telephone, or other reasonable means now known or hereafter developed.\nYou consent to receive these notices by any and all of the foregoing means. You may\nnot receive notices if you violate the Terms by accessing the Services in an\nunauthorized manner, and you will be deemed to have received any and all notices\nthat would have been delivered had you accessed the Services in an authorized\nmanner.\n4. Privacy and Data Protection\n\nOur Privacy Center explains how we treat your personal data. By using the Services,\nyou agree to our privacy policies and that we can use your information in accordance\nwith our privacy policies. By using and benefitting from Yahoo's Services you\nrecognize that personalization lies at the core of many of our services. We can\nonly provide many of these Services by using your personal data to provide\npersonalized content and ads. Please visit our Privacy Center to learn more\nabout personalization.\n5. Procedure for Copyright or Other Intellectual Property Infringement Claims\nWe respect the intellectual property of others, and we expect our users to do the\nsame. We may, in appropriate circumstances and at our discretion, disable, terminate,\nand/or take other appropriate steps relating to the accounts of users who may be\ninfringers. If you believe that your copyright or intellectual property rights have been\ninfringed, please follow the instructions provided here.\n6. Content in the Services and License Grant to Yahoo \na. Content. Our Services display some content that we did not create and do not own.\nThis content is the sole responsibility of the entity or person that makes it\navailable. We assume no responsibility for the conduct of third parties, including\npersons or entities with which you communicate using the Services. Many of the\nServices enable you to submit content. You – not Yahoo – are entirely responsible for\nany content that you upload, post, email, transmit, or otherwise make available via\nthe Services. We may remove and refuse to display content that violates the Terms or\n\napplicable laws or regulations, but that does not mean that we monitor the Services\nor review or screen any content. By using or accessing the Services you understand\nand agree that you may be exposed to offensive, indecent, or objectionable content.\nb. IP Ownership and License Grant. Except as otherwise provided in the\nspecific product terms or guidelines for one of our Services, when you upload, share\nwith or submit content to the Services you retain ownership of any intellectual\nproperty rights that you hold in that content and you grant to us a worldwide, royalty-\nfree, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a)\nuse, host, store, reproduce, modify, prepare derivative works (such as translations,\nadaptations, summaries or other changes), communicate, publish, publicly perform,\npublicly display, and distribute this content in any manner, mode of delivery or media\nnow known or developed in the future; and (b) permit other users to access,\nreproduce, distribute, publicly display, prepare derivative works of, and publicly\nperform your content via the Services, as may be permitted by the functionality of\nthose Services (e.g., for users to re-blog, re-post or download your content). In some\nof the Services, there may be specific terms or settings allowing a different scope of\nuse of the content submitted in those Services. You must have the necessary rights\nto grant us the license described in this Section 6(b) for any content that you upload,\nshare with or submit to the Services.\n7. Modifying and Terminating the Services; Terminating Accounts\na. We are constantly innovating, changing and improving the Services. Unless stated\ndifferently for your country in Section 14, we may, without notice, add or remove\nfunctionalities or features, create new limits to the Services, or temporarily or\npermanently suspend or stop a Service.\nb. You can stop using the Services at any time. You may cancel and delete your AOL\naccount at any time by clicking here and you may cancel and delete your Yahoo\naccount by clicking here. For more information, please visit the relevant Help Center.\nc. Unless stated differently for your country in Section 14, we may temporarily or\npermanently suspend or terminate your account or impose limits on or restrict your\naccess to parts or all of the Services at any time, without notice and for any reason,\nincluding, but not limited to, violation of these Terms, court order, or inactivity.\n\nd. Subject to any statutory rights you might have, if your account is terminated, access\nto your username, password, and all related information, files, and content associated\nwith your account may be terminated and your username may be recycled for use by\nothers. If the Service is a paid service, please consult our payment terms which can\nbe found by clicking here.\n8. Our Warranties and Disclaimers\na. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG\nWITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS,\nDIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS\nAND DISTRIBUTORS (COLLECTIVELY YAHOO ENTITIES) DO NOT MAKE ANY\nREPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED,\nABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL\nFAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING\nCONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT\nREPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE\nUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND\nAND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR\nINFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE\nSECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR\nIMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR\nWARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT\nLINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE\nSERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF\nTHE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY,\nAVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN\nOUTPUTS OR ACHIEVE CERTAIN RESULTS.\nb. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH\nAS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT\nPERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR\nEXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.\n9. Limitation of Liability\nTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND\n\nUNDERSTAND THAT YAHOO ENTITIES WILL NOT BE LIABLE FOR: ANY\nINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER\nMULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING\nFROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE\nSERVICES. YAHOO ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST\nPROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN\nVALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF\nPERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY,\n“LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR\nUSE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO,\nLOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF,\nALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED\nOR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR\nTERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF\nINFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE\nUNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR\nTRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR\nTHIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH\nOR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR\nTHROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH\nADVERTISERS. YAHOO ENTITIES WILL NOT BE LIABLE FOR PROBLEMS\nCAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD\nPARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE\nTERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR\nSHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.\nTO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE\nSTATED IN SECTION 14, YAHOO ENTITIES ARE NOT LIABLE IN CONNECTION\nWITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR\nSERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US\nFOR THE SERVICES.\n0. Feedback\n\nYou agree that any recommendation, idea, proposal, suggestion, feedback or other\ninput (“Feedback”) you submit to us related to our products, services, websites, apps,\nor technology may be used by us without any notice, obligation, restriction,\n\nreimbursement or compensation to you and you waive (or agree not to enforce) any\nand all rights that may now or in future exist (including moral and equivalent rights) in\nany Feedback.\n1. Fee-Based Services and Billing. Unless otherwise specified in the additional terms\nthat apply to the Services you are using, the terms in this Section 11 apply to you.\na. We offer products and subscriptions for a fee (“fee-based Services”). These fee-\nbased Services are governed by the additional terms you agree to when you register\nfor the fee-based Service and these Terms. If you register for a fee-based Service,\nyou must designate a payment method and provide us with accurate billing and\npayment information and you have the continuing obligation to keep it up to date.\nMany fee-based Services require you to have, or register for, a Yahoo or AOL ID. If\nyou are an AOL Dial-Up customer, please see additional terms by clicking here.\nb. The following important provisions apply to all of our fee-based services:\ni. Third-Party products. If the fee-based Service includes a third-party product, you\nunderstand and agree that your purchase and use of the Service is also subject to\nthe third party’s terms of service and privacy policy, which you should read\nthoroughly before agreeing to them.\nii. Payments. You represent that you are at least the minimum age required to enter\ninto a legal agreement. You agree to pay us for any fee-based Services you\npurchase from us, as well as all other charges incurred under your account,\nincluding applicable taxes and fees. You are responsible for all charges incurred\nunder your account, including purchases made by you or anyone you allow to use\nyour account or any sub-or linked accounts (including any person with implied,\nactual, or apparent authority) or anyone who gains access to your account as a\nresult of your failure to safeguard your authentication credentials.\niii. Payment Methods. You authorize and direct us to charge your designated payment\nmethod for these charges or, if it fails, to charge any other payment method you\nhave on file with us, even if we received it in association with other fee-based\nservices. You are responsible for all charges even if your payment method fails or is\ndenied. You authorize and direct us to retain all information about any payment\nmethod(s) associated with your account. We may import payment information you\nentered during a prior purchase and provide you the option to use that payment\n\ninformation during purchase of a new product. You permit us to obtain and use\nupdated information from the issuer of your payment method in accordance with the\npolicies and procedures of any applicable card brands. We may in some instances\ncontinue charging a payment method past its expiration date at our discretion and\nsubject to the payment processors' or issuing bank's approval. Surcharges may\napply if you use certain payment methods, such as payment from your checking or\nsavings account.\niv. Payment Terms. We may charge for fee-based Services in advance and on a daily,\nmonthly, yearly, lump sum, or other basis in accordance with the stated terms, as\nlong as your subscription remains active, even if you have not downloaded or used\nthe Service or accessed your online account.\nv. Auto-Renewal. We use auto-renewal for many of our fee-based Services. At the\nexpiration of each subscription term for such fee-based Services, we will\nautomatically renew your subscription and charge the credit card or other payment\nmethod you have provided to us, unless you cancel your subscription at least 48\nhours before the end of the current period. Unless otherwise stated in Section 14,\nyour subscription will be automatically renewed at the then-current price, excluding\npromotional and discount pricing. We may, in our sole discretion, post charges to\nyour payment method individually or aggregate charges for some or all of your fee-\nbased Services with us.\nvi. Fraud Protection. We may take steps to verify the validity of the credit card\ninformation you provide to us, including debiting amounts less than $1.00 from your\ncredit card and then immediately crediting it back. You authorize us to do so for\nverification and anti-fraud purposes.\nvii. Free Trials. We may offer you free trials, so that you may try a fee-based Service\nsubscription without charge or obligation (\"Free Trial\"). Unless otherwise stated and\nunless you cancel your subscription prior to the expiration of the Free Trial, periodic\nsubscription fees will be charged at the then-applicable rate upon expiration of the\nFree Trial period and will continue to be charged until the subscription is canceled. If\nyou are not satisfied with a particular fee-based Service, you must cancel the\nsubscription before the Free Trial ends to avoid charges. We reserve the right to\nlimit you to one free trial or promotion of a fee-based Service and to prohibit the\ncombining of free trials or other promotional offers.\n\nviii. No Refunds. All charges are nonrefundable unless provided otherwise in the terms\nyou agree to when you register for a fee-based Service, unless stated differently for\nyour country in Section 14 or as otherwise specified below.\nix. Termination. We, in our sole discretion, may change, discontinue or terminate any or\nall aspects of a fee-based Service without notice, including access to support\nservices, content and other products or services ancillary to the fee-based Service,\nsubject to providing an appropriate refund for any portions of a specified but no\nlonger available term. You may cancel a fee-based Service at any time by logging\ninto your online account and terminating the subscription.\nx. Change in Fees and Billing Method. We may change our fees and billing methods at\nany time. We will provide you with notice of any price increase at least thirty (30)\ndays in advance. Subject to applicable law, (i) if you disagree with any proposed\nchange, your sole remedy is to cancel your fee-based Service before the price\nchange takes effect and (ii) your continued use of or subscription to the Service after\nthe price change takes effect constitutes your agreement to pay the new price for\nthe Service.\nxi. Delinquency. After 30 days from the date of any unpaid charges, your fee-based\nService will be deemed delinquent and we may terminate or suspend your account\nand fee-based Service for nonpayment. You are liable for any fees, including\nattorney and collection fees, incurred by us in our efforts to collect any remaining\nbalances from you.\nxii. 90-Day Notice Period. You must notify us about any billing problems or\ndiscrepancies within 90 days after they first appear on your billing method\nstatement. If you do not bring them to our attention within 90 days, you agree that\nyou waive your right to dispute such problems or discrepancies.\n2. About these Terms\na. Third Party Beneficiaries and Conflicts. These Terms control the relationship between\nyou and us. They do not create any third party beneficiary rights. If there is a conflict\nor inconsistency between the terms in this document and the additional terms\nassociated with a particular Service, the additional terms will control solely for that\nconflict or inconsistency.\n\nb. Modification of the Terms. Unless stated differently for your country in Section 14, we\nmay modify the Terms from time to time. Unless we indicate otherwise, modifications\nwill be effective as of the date they are posted on this page or any successor page.\nYou should look at the Terms regularly. We will provide notice (in accordance with\nSection 3(c) above) of material modifications.\nc. Continued Use of the Services. You may stop using the Services at any time, but your\ncontinued use of or subscription to a Service after the effective date of any\nmodifications to the Terms or the means that you agree to the Terms as modified.\nd. Waiver and Severability of Terms. Our failure to exercise or enforce any right or\nprovision of these Terms will not constitute a waiver of such right or provision. If any\nprovision (or part of a provision) of these Terms is found to be invalid,\nyou and we nevertheless agree to give effect to the intentions as reflected in the\nprovision, and the other provisions of these Terms remain in full force and effect.\ne. Assignment by Us. We may freely assign these Terms and all of the policies and\nother documents incorporated or referenced in it (including all rights, licenses, and\nobligations under it or them), in whole or in part and without notice, for any reason,\nincluding for the purpose of internal restructuring (for example, mergers or\nliquidations).\n3. Provider of Services\na. The Services are provided by the company that offers the Services in your region as\nset out in Section 14.2 (the “Applicable Yahoo Entity”), except for the Services set out\nbelow in Section 13(b). Not all Services or features may be available in your country\nor region. Different features may be available in different versions of the\nServices. Your Service provider may change if you relocate to another country and\ncontinue using our Services.\nb. The following services are provided to you by the same Yahoo Entity wherever you\nare based in the world:\ni. For the services in this Section 13(b)(i), the provisions of Section 14.2 (United\nStates) apply.\n1. The following services are provided by Yahoo Inc.:\n\na. Engadget (unless otherwise specified in Section 14)\nb. TechCrunch (unless otherwise specified in Section 14)\nc. Rivals\nd. Yahoo View\ne. Yahoo Developer Network\nf. Makers \n2. The following services are provided by Yahoo Ad Tech LLC:\na. AOL On.\nb. Learning Center\n3. The following services are provided by Yahoo Fantasy Sports LLC:\na. U.S. Daily Fantasy\nb. U.S. Fantasy Cash Leagues\nc. U.S. Fantasy Pro Leagues\n4. Other Fantasy Sports services are provided by Yahoo Inc.\n5. Ryot Studio is provided by TheHuffingtonPost.com Inc.\n6. Flurry is provided by Flurry LLC\n4. Contracting Party, Choice of Law, and Location for Resolving Disputes and\nOther Local Region Provisions\n1. In Section 13 above, find the provider of the Services you are using. That is the\nprovider that you are contracting with for the Services. The choice of law, the location\nfor resolving disputes, certain defined terms (including the Applicable Yahoo Entity),\n\nand other important region specific provisions are in this Section 14. If you have any\nquestions, please contact customer care using the contact information in the region\nthat applies to you below.\n2. United States (us):\na. Defined Terms\ni. Applicable Yahoo Entity: Yahoo Inc. (Address: 22000 AOL Way, Dulles, VA 20166).\nii. Minimum Age:13 years old\nb. BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE FOR U.S.\nUSERS. YOU AND US BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES,\nCONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE\nTO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR\nFROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY\nDISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS\n(“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN\nSMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE\nTERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE\nAND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU\nALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU\nAND WE ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN\nFRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN\nSMALL CLAIMS COURT), AND THAT YOU AND WE ARE GIVING UP THE\nRIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER\nREPRESENTATIVE ACTION. WHILE ARBITRATION PROCEDURES MAY BE\nDIFFERENT THAN COURT PROCEDURES, AN ARBITRATOR CAN AWARD\nYOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND\nJUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE\nENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF.\nTHE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION,\nTHEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.\nTHEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF\nARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT\nTO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.\nWe also both agree that:\n\ni. Notice of Dispute. If either you or we intend to arbitrate under these Terms, the\nparty seeking arbitration must first notify the other party of the Dispute in writing at\nleast 30 days in advance of initiating the arbitration. Notice to us should be sent\neither by mail to Yahoo, Attn: Disputes, 701 First Avenue, Sunnyvale, CA 94089;\nor [email protected]. Notice to you will be to your email address(es) and\nstreet address(es), if any, that we have in our records at the time the notice is sent.\nThe notice must describe the nature of the claim and the relief being sought. If we\nare unable to resolve the Dispute within 30 days, either party may then proceed to\nfile a claim for arbitration.\nii. Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except\nfor small claims court cases, any and all Disputes will be resolved by arbitration\nadministered by the American Arbitration Association (\"AAA\"). The AAA will apply\nthe Commercial Arbitration Rules to the arbitration of any Dispute pursuant to\nthese Terms, unless you are an individual and use the Services for personal or\nhousehold use, in which case the AAA's Consumer Arbitration Rules will apply\n(excluding any rules or procedures governing or permitting class actions). You can\nget procedures (including the process for beginning an arbitration), rules and fee\ninformation from the AAA (www.adr.org). These Terms govern to the extent they\nconflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration\nRules.\niii. Small Claims Court Option. As an alternative to arbitration, you may bring an\nindividual action in small claims court in your county of residence (or if a business,\nyour principal place of business) or Santa Clara County, California provided that\nyour Dispute meets the requirements of the small claims court.\niv. Arbitration Location. Unless you and we agree otherwise, the arbitration must\ntake place, or the small claims action must be filed, in the county of your primary\nresidence or Santa Clara County, California.\nv. Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA\ncharges you for arbitration of the Dispute. If you provide us with signed written\nnotice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If\nthe arbitration proceeds, we will also pay any administrative and arbitrator fees\ncharged later.\n\nvi. Settlement Offers. We may, but are not obligated to, make a written settlement\noffer anytime before or during arbitration. The amount or terms of any settlement\noffer may not be disclosed to the arbitrator unless and until the arbitrator issues an\naward on the claim. If you do not accept the offer and the arbitrator awards you an\namount of money that is more than our offer but less than $5,000, we agree to: (a)\npay you $5,000 instead of the lower amount awarded, (b) pay your reasonable\nattorney’s fees and costs, and (c) reimburse any arbitration filing fees and arbitrator\nfees and expenses incurred in connection with the arbitration of your Dispute. If the\narbitrator awards you more than $5,000 and we are not challenging the award,\nthen we will pay you the amount of the award.\nvii. Severability. If any part of this agreement to arbitrate is found by a court of\ncompetent jurisdiction to be unenforceable, the court will reform the agreement to\nthe extent necessary to cure the unenforceable part(s), and the parties will\narbitrate their Dispute(s) without reference to or reliance upon the unenforceable\npart(s). However, if for any reason the Class Action Waiver set forth below in\nsubsection 14.2.c cannot be enforced as to some or all of the Dispute, then the\nagreement to arbitrate will not apply to that Dispute or portion thereof. Any\nDisputes covered by any deemed unenforceable Class Action Waiver provision\nmay only be litigated in a court of competent jurisdiction, but the remainder of the\nagreement to arbitrate will be binding and enforceable. To avoid any doubt or\nuncertainty, the parties do not agree to class arbitration or to the arbitration of any\nclaims brought on behalf of others.\nc. CLASS ACTION WAIVER FOR U.S. USERS. THESE TERMS DO NOT ALLOW\nCLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES\nOR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE\nTERMS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF\nONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO\nTHE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT\nPARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD\nUNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED\nON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN\nANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL\nPROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF\n\nTHE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR\nINTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT\nAND NOT THE ARBITRATOR.\nd. JURY TRIAL WAIVER FOR U.S. USERS. IF FOR ANY REASON A DISPUTE\nPROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU\nAND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU\nAND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY\nACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF\nOR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS\nPARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY\nTHE COURT.\ne. Choice of Law. These Terms and the relationship between the parties, including any\nclaim or dispute that might arise between the parties, whether sounding in contract,\ntort, or otherwise, will be governed by the laws of the State of New York without\nregard to its conflict of law provisions. In no event will the parties bring claims\nagainst one another under the laws of another jurisdiction.\nf. Forum. If for any reason a Dispute proceeds in court rather than through arbitration,\nall such Disputes (regardless of theory) arising out of or relating to these Terms, or\nthe relationship between you and us, will be brought exclusively in the courts\nlocated in the county of New York, New York or the U.S. District Court for the\nSouthern District of New York. In such cases, you and we agree to submit to the\npersonal jurisdiction of the courts located within the county of New York, New York\nor the Southern District of New York, and agree to waive any and all objections to\nthe exercise of jurisdiction over the parties by such courts and to venue in such\ncourts.\ng. Customer Support. Below are links for customer support.\ni. Customer Support for AOL-Branded Products\nii. Customer Support for Other Products (English)\niii. Customer Support for Other Products (Spanish)\nh. Community Guidelines. The Yahoo Community Guidelines can be found below:\n\ni. English version\nii. Spanish version\ni. The Services are “commercial computer software” and “commercial items” as these\nterms are used in the Federal Acquisition Regulation system, and the rights of the\nUnited States are only those rights as are granted to all other end users pursuant to\nthe terms and conditions herein and will not exceed the minimum rights set forth in\nFAR 52.227-19.\nj. Closed Captioning. Yahoo complies with applicable Federal Communications\nCommission rules and regulations regarding the closed captioning of video content.\nPlease visit https://www.yahooinc.com/accessibility/captioning/ for more information\nor to register any concerns or complaints regarding video content accessible on the\nYahoo network of properties.\nk. In New Jersey, all of the limitations on liability set forth in Section 9 shall apply\nexcept nothing in these Terms will exclude or limit liability for intentional torts, willful\nacts, gross negligence, or a violation of a statutorily imposed duty.\nl. You agree to not use the Services to provide material support or resources (or to\nconceal or disguise the nature, location, source, or ownership of material support or\nresources) to any organization(s) designated by the United States government as a\nforeign terrorist organization pursuant to section 219 of the Immigration and\nNationality Act.\n3. Argentina (ar), Chile (cl), Colombia (co), Hong Kong (hk), Mexico (mx), Peru\n(pe), and Venezuela (ve):\na. Defined Terms\ni. Applicable Yahoo Entity: Yahoo International Inc. (Address: 1921 NW 87 Avenue,\nDoral, FL 33172, USA)\nii. Minimum Age: 13 years old\nb. BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE. YOU\nAND YAHOO BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES,\nCONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE\n\nTO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR\nFROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY\nDISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS\n(“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN\nSMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE\nTERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE\nAND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU\nALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND\nYAHOO ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN\nFRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN\nSMALL CLAIMS COURT), AND THAT YOU AND YAHOO ARE GIVING UP THE\nRIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER\nREPRESENTATIVE ACTION. WHILE ARBITRATION PROCEDURES MAY BE\nDIFFERENT THAN COURT PROCEDURES, AN ARBITRATOR CAN AWARD\nYOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND\nJUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE\nENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF.\nTHE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION,\nTHEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.\nTHEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF\nARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT\nTO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.\nWe also both agree that:\ni. Notice of Dispute. If either you or we intend to arbitrate under these Terms, the\nparty seeking arbitration must first notify the other party of the Dispute in writing at\nleast 30 days in advance of initiating the arbitration. Notice to us should be sent to\nus either by mail to Yahoo, Attn: Disputes, 701 First Avenue, Sunnyvale, CA\n94089; or [email protected]. Notice to you will be to your email address(es)\nand street address(es), if any, that we have in our records at the time the notice is\nsent. The notice must describe the nature of the claim and the relief being sought.\nIf we are unable to resolve the Dispute within 30 days, either party may then\nproceed to file a claim for arbitration.\nii. Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except\nfor small claims court cases, any and all Disputes will be resolved by arbitration\nadministered by the American Arbitration Association (\"AAA\"). The AAA will apply\n\nthe Commercial Arbitration Rules to the arbitration of any Dispute pursuant to\nthese Terms, unless you are an individual and use the Services for personal or\nhousehold use, in which case the AAA's Consumer Arbitration Rules will apply\n(excluding any rules or procedures governing or permitting class actions). You can\nget procedures (including the process for beginning an arbitration), rules and fee\ninformation from the AAA (www.adr.org). These Terms govern to the extent they\nconflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration\nRules.\niii. Small Claims Court Option. As an alternative to arbitration, you may bring an\nindividual action in small claims court in your county of residence (or if a business,\nyour principal place of business) or Santa Clara County, California provided that\nyour Dispute meets the requirements of the small claims court.\niv. Arbitration Location. Unless you and we agree otherwise, the arbitration must\ntake place, or the small claims action must be filed, in the county of your primary\nresidence or Santa Clara County, California.\nv. Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA\ncharges you for arbitration of the Dispute. If you provide us with signed written\nnotice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If\nthe arbitration proceeds, we will also pay any administrative and arbitrator fees\ncharged later.\nvi. Settlement Offers. We may, but are not obligated to, make a written settlement\noffer anytime before or during arbitration. The amount or terms of any settlement\noffer may not be disclosed to the arbitrator unless and until the arbitrator issues an\naward on the claim. If you do not accept the offer and the arbitrator awards you an\namount of money that is more than our offer but less than $5,000, we agree to: (a)\npay you $5,000 instead of the lower amount awarded, (b) pay your reasonable\nattorney’s fees and costs, and (c) reimburse any arbitration filing fees and arbitrator\nfees and expenses incurred in connection with the arbitration of your Dispute. If the\narbitrator awards you more than $5,000 and we are not challenging the award,\nthen we will pay you the amount of the award.\nvii. Severability. If any part of this agreement to arbitrate is found by a court of\ncompetent jurisdiction to be unenforceable, the court will reform the agreement to\nthe extent necessary to cure the unenforceable part(s), and the parties will\n\narbitrate their Dispute(s) without reference to or reliance upon the unenforceable\npart(s). However, if for any reason the Class Action Waiver set forth below in\nsubsection 14.3.c cannot be enforced as to some or all of the Dispute, then the\nagreement to arbitrate will not apply to that Dispute or portion thereof. Any\nDisputes covered by any deemed unenforceable Class Action Waiver provision\nmay only be litigated in a court of competent jurisdiction, but the remainder of the\nagreement to arbitrate will be binding and enforceable. To avoid any doubt or\nuncertainty, the parties do not agree to class arbitration or to the arbitration of any\nclaims brought on behalf of others.\nc. CLASS ACTION WAIVER. THESE TERMS DO NOT ALLOW CLASS OR\nCOLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES\nWOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS,\nTHE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN\nFAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE\nEXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT\nPARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD\nUNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED\nON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN\nANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL\nPROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF\nTHE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR\nINTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT\nAND NOT THE ARBITRATOR.\nd. JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN\nCOURT RATHER THAN THROUGH ARBITRATION, YOU AND YAHOO AGREE\nTHAT THERE WILL NOT BE A JURY TRIAL. YOU\nAND YAHOO UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN\nANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT\nOF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS\nPARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY\nTHE COURT.\ne. Choice of Law. These Terms and the relationship between the parties, including any\nclaim or dispute that might arise between the parties, whether sounding in contract,\ntort, or otherwise, will be governed by the laws of the State of New York without\n\nregard to its conflict of law provisions. In no event will the parties bring claims\nagainst one another under the laws of another jurisdiction.\nf. Forum. If for any reason a Dispute proceeds in court rather than through arbitration,\nall such Disputes (regardless of theory) arising out of or relating to these Terms, or\nthe relationship between you and us, will be brought exclusively in the courts\nlocated in the county of New York, New York or the U.S. District Court for the\nSouthern District of New York. In such cases, you and we agree to submit to the\npersonal jurisdiction of the courts located within the county of New York, New York\nor the Southern District of New York, and agree to waive any and all objections to\nthe exercise of jurisdiction over the parties by such courts and to venue in such\ncourts.\ng. Customer Support. Below are links for customer support.\ni. Argentina\nii. Chile\niii. Colombia\niv. Hong Kong\nv. Mexico\nvi. Peru\nvii. Venezuela\nh. Community Guidelines. Our Community Guidelines can be found here.\ni. The Services are “commercial computer software” and “commercial items” as these\nterms are used in the Federal Acquisition Regulation system, and the rights of the\nUnited States are only those rights as are granted to all other end users pursuant to\nthe terms and conditions herein and will not exceed the minimum rights set forth in\nFAR 52.227-19.\n\nj. Closed Captioning. Yahoo complies with applicable Federal Communications\nCommission rules and regulations regarding the closed captioning of video content.\nPlease visit https://www.yahooinc.com/accessibility/captioning/ for more information\nor to register any concerns or complaints regarding video content accessible on the\nYahoo network of properties.\nk. In New Jersey, all of the limitations on liability set forth in Section 9 shall apply\nexcept nothing in these Terms will exclude or limit liability for intentional torts, willful\nacts, gross negligence, or a violation of a statutorily imposed duty.\nl. You agree to not use the Services to provide material support or resources (or to\nconceal or disguise the nature, location, source, or ownership of material support or\nresources) to any organization(s) designated by the United States government as a\nforeign terrorist organization pursuant to section 219 of the Immigration and\nNationality Act.\n4. Brazil (br):\na. Defined Terms\ni. Applicable Yahoo Entity: Yahoo do Brasil Internet Ltda. (Address: Av. Brigadeiro\nFaria Lima, 3.600 - 9o andar, São Paulo/SP, 04538-132, Brasil)\nii. Minimum Age: 13 years old (however, if you are between 13 and 18 years old, you\nmust have parental or legal guardian permission in order to agree with our Terms\nand to use the Service).\nb. Services Provided: OneSearch, Yahoo Mail, Yahoo Search, Yahoo News, Yahoo\nFinance, Yahoo Sports and Yahoo LifeStyle. If you use any of these services while\nyou are within Brazil, or are otherwise contracting with Yahoo do Brasil Internet\nLtda., the services are provided by Yahoo do Brasil Internet Ltda. The region\nspecific provisions in Section 14.4 shall apply to such use and supersede anything\nto the contrary in Section 1 or Section 13(a) of these Terms.\nc. Other Services. Services not listed in Section 14.4(b) are not provided by Yahoo do\nBrasil Internet Ltda., which has no powers or capabilities to take any measures in\nrelation to them, including accessing or disclosing user data and/or removing user\ngenerated content.\n\nd. Choice of Law. The Terms and the relationship between you and Yahoo do Brasil\nInternet Ltda. will be governed by the laws of Federative Republic of Brazil without\nregard to its conflict of law provisions.\ne. Customer Support. For customer support, see this page.\nf. Protecting our systems and our users' information is paramount to ensuring Yahoo\nusers enjoy a secure user experience and maintaining our users' trust. To learn\nmore about security, including the steps we have taken and steps you can take,\nplease read our online article by clicking here.\ng. YOU UNDERSTAND AND AGREE THAT YOUR USE AND THE PROVISION OF\nTHE SERVICES INVOLVE THE COLLECTION, STORAGE, PROCESSING, USE\nAND DISCLOSURE OF INFORMATION AND USER DATA, INCLUDING THE\nTRANSFER OF INFORMATION AND DATA TO OTHER COMPANIES AND\nTERRITORIES, AS STATED IN THE PRIVACY POLICY.\n5. Canada (ca and cf):\na. Defined Terms\ni. Applicable Yahoo Entity: Yahoo Canada Corp. (Address: 99 Spadina Avenue, Suite\n200, Toronto, Ontario M5V 3P8).\nii. Minimum Age: Legal Age to form a binding contract in your province or territory of\nresidence.\nb. Choice of Law. These Terms and the relationship between the parties, including any\nclaim or dispute that might arise between the parties, whether sounding in contract,\ntort, or otherwise, shall be governed by the laws of the province of Ontario without\nregard to its conflict of law provisions. In no event shall the parties bring claims\nagainst one another under the laws of another jurisdiction.\nc. Forum. Any claim against us shall be brought exclusively in the courts located within\nthe province of Ontario, Canada. In such cases, you and we agree to submit to the\npersonal jurisdiction of the courts located within the province of Ontario, and agree\nto waive any and all objections to the exercise of jurisdiction over the parties by\nsuch courts and to a venue in such courts.\n\nd. Customer Support. Below are links for customer support.\ni. Customer Support (English)\nii. Customer Support (French)\ne. Updates. We may automatically download and install the latest version of the\nServices on your device once a new version or feature is available.\nf. Some provinces and territories do not allow for the exclusion of warranties (including\nthe province of Quebec). In these provinces and territories, you have only the\nwarranties that are expressly required to be provided in accordance with applicable\nlaw.\ng. Some provinces and territories do not provide exclusion of limitation of liability for all\ntypes of damages (including the province of Quebec). In these provinces, we will\nonly be liable to you for damages that we are expressly required to be liable to you\nunder applicable law.\n6. Australia (au):\na. Defined Terms\ni. Applicable Yahoo Entity:\n1. For OneSearch, Yahoo Lifestyle, Yahoo Finance, Yahoo Mail, Yahoo News,\nYahoo Search, Yahoo Sports, Yahoo TV and Yahoo Weather the Applicable\nYahoo Company is Yahoo Australia Pty Ltd (Address: Level 4 West, 8 Central\nAvenue, Eveleigh NSW 2015, Australia) and the following terms apply: (a) the\nTerms and the relationship between you and Yahoo Australia Pty Ltd will be\ngoverned by the laws of the state of New South Wales without regard to its\nconflict of law provisions, and (b) you and Yahoo Australia Pty Ltd agree to submit\nto the exclusive jurisdiction of the courts of the state of New South Wales.\n2. For other services, the Applicable Yahoo Company is Yahoo Inc. (Address: 22000\nAOL Way, Dulles, VA 20166), and for such Services the terms of Section 14.2\n(United States) apply.\nii. Minimum Age: 13 years old\n\nb. Customer Support. For customer support, see this page.\n7. Reserved.\n8. India (in):\na. Defined Terms\ni. Applicable Yahoo Entity:\n1. For OneSearch, Yahoo Mail and Yahoo Search, the Applicable Yahoo Entity is\nYahoo India Private Limited (CIN: U72900MH2000PTC138698) Regd. Office: 03-\n106, 3rd Floor, WeWork Oberoi Commerz II, 1 Mohan Gokhale Rd, Colony No 2,\nAarey Colony, Mumbai – 400 063, Maharashtra, India and the following terms\napply: (a) “Minimum Age” means 13 years old, provided that if you are between\n13 and 18 years of age, you must have parental or legal guardian permission to\nuse the Services or register for an account, (b) you must be at least 13 years old\nin order to agree with our Terms, provided that if you are between 13 and 18\nyears of age, you must have parental or legal guardian permission to do so, (c)\nthe Terms and the relationship between you and Yahoo India Private Limited will\nbe governed by the laws of India without regard to its conflict of law provisions,\nand (d) you and Yahoo India Private Limited agree to submit to the exclusive\njurisdiction of the courts located at Mumbai, India.\n2. For other Services:\na. the Applicable Yahoo Entity is the same one that is specified to be the provider\nin respect of a specific Service, and the Terms and the relationship between you\nand the Applicable Yahoo Entity will be governed by the laws of the place of\nincorporation of the Applicable Yahoo Entity; or\nb. if no Yahoo Entity is specified to be the provider in respect of a specific Service,\nthe Applicable Yahoo Entity is Yahoo Inc. (Address: 22000 AOL Way, Dulles, VA\n20166), and for such Services the terms of Section 14.2 (United States) apply.\nb. Customer Support. For customer support, see this page.\nc. Yahoo India Grievance Officer. For the Yahoo India Grievance Officer, see this page.\n\nd. Click here for an important Supreme Court Order passed by the Hon'ble\nSupreme Court of India relating to a prohibition on advertisement under the\nPCPNDT Act, 1994.\n9. Japan (jp):\na. Defined Terms\ni. Applicable Yahoo Entity:\n1. For AutoBlog Japan, TechCrunch Japan, Engadget Japan, Aol.jp, and AOL Mail,\nthe Applicable Yahoo Entity is Boundless Inc. (Address: 2-27-25 Minamiaoyama,\nMinato-ku, Tokyo 10 7-0062 Japan).\n2. For Yahoo Japan-branded products that are accessible in Japan: these products\nare provided by a third-party.\n3. For all other Services, the Applicable Yahoo Entity is Yahoo Inc. (Address: 22000\nAOL Way, Dulles, VA 20166).\nii. Minimum Age: 18 years old (however, if you are 18 or 19 years old, you must have\nthe permission of a parent or legal guardian in order to agree to the Terms and to\nuse the Services)\nb. Choice of Law. The Terms and relationship between you and us will be governed by\nthe laws of Japan without regard to its conflict of law provision.\nc. Forum. You and we submit to the exclusive jurisdiction of the Tokyo District Court,\nJapan.\nd. Modifying the Services; Modifying these Terms\ni. When we modify the Services as outlined in Section 7(a), or we modify these Term\npursuant to Section 12(b), we will notify you a reasonable amount of time in\nadvance of any modifications that will be of material disadvantage to you or\nmaterially limit your access to or usage of the Services.\n\nii. For modifications to these Terms or the Services that we need to make in order to\nmeet security, safety, legal or regulatory requirements, we may not be able to notify\nyou in advance, but we will let you know as soon as practicable after such\nmodification is made.\ne. Limitation of Liability. Nothing in these Terms affects any legal rights that you are\nentitled to as a consumer under Japanese law which cannot be contractually altered\nor waived. Accordingly, if the contract regarding the use of the Services pursuant to\nthese Terms is deemed a consumer contract under the Consumer Contract Act of\nJapan, some of the exclusions and limitations in Section 9 of these Terms will not\napply to you for liability resulting from our willful misconduct or gross negligence.\nf. Customer Support. For customer service, please see this page.\n10. New Zealand (nz):\na. Defined Terms\ni. Applicable Yahoo Entity:\n1. For OneSearch, Yahoo Entertainment, Yahoo Lifestyle, Yahoo Mail, Yahoo News,\nYahoo Search and Yahoo Sport the Applicable Yahoo Entity is Yahoo New\nZealand Limited (Address: Level 1, 22-28 Customs Street East, Auckland 1010\nNew Zealand) and the following terms apply: (a) the Terms and the relationship\nbetween you and Yahoo New Zealand Limited will be governed by the laws of\nNew Zealand without regard to its conflict of law provisions, and (b) you and\nYahoo New Zealand Limited agree to submit to the exclusive jurisdiction of the\ncourts of New Zealand.\n2. For other services, the Applicable Yahoo Entity is Yahoo Inc. (Address: 22000\nAOL Way, Dulles, VA 20166), and for such Services the terms of Section 14.2\n(United States) apply.\nii. Minimum Age: 13 years old\nb. Customer Support. For customer support, see this page.\n11. Singapore (sg), Indonesia (id), Malaysia (my), Philippines (ph), Thailand (th) or\nVietnam (vn)):\n\na. Defined Terms\ni. Applicable Yahoo Entity:\n1. For OneSearch, Yahoo Calendar, Yahoo Celebrity, Yahoo Finance, Yahoo Mail,\nYahoo News, Yahoo Search, Yahoo Style, Yahoo Travel, Yahoo TV, Yahoo\nWeather, and Aviate the Applicable Yahoo Entity is Yahoo! Singapore Digital\nMarketing Pte. Ltd. (Address: 60 Anson Road, #12-01 Mapletree Anson,\nSingapore 079914) and the following terms apply: (a) the Terms and the\nrelationship between you and Yahoo! Singapore Digital Marketing Pte. Ltd. will be\ngoverned by the laws of Singapore without regard to its conflict of law provisions,\nand (b) you and Yahoo! Singapore Digital Marketing Pte. Ltd. agree to submit to\nthe exclusive jurisdiction of the courts of Singapore.\n2. For other Services:\na. the Applicable Yahoo Entity is the Yahoo Entity that is specified to be the\nprovider in respect of a specific Service, and the Terms and the relationship\nbetween you and the Applicable Yahoo Entity will be governed by the laws of the\nplace of incorporation of the Applicable Yahoo Entity; or\nb. if no Yahoo Entity is specified to be the provider in respect of a specific Service,\nthe Applicable Yahoo Entity is Yahoo Inc. (Address: 22000 AOL Way, Dulles, VA\n20166), and for such Services the terms of Section 14.2 (United States) apply.\nii. Minimum Age: 13 years old\nb. Customer Support. Below are links for customer support.\ni. Singapore\nii. Indonesia\niii. Malaysia\niv. Philippines\nv. Thailand\n\nvi. Vietnam\n12. Taiwan (tw):\na. Defined Terms\ni. Applicable Yahoo Entity:\n1. For OneSearch, Yahoo Auctions, Yahoo Autos, Yahoo Charity, Yahoo Dictionary,\nYahoo Esports, Yahoo Finance, Yahoo Games, Yahoo House, Yahoo Mail, Yahoo\nMoney, Yahoo Movies, Yahoo News, Yahoo Search, Yahoo Shopping, Yahoo\nSports, Yahoo Stock, Yahoo Store Marketplace, Yahoo Style, Yahoo Travel,\nYahoo TV, Yahoo Weather, and Aviate the Applicable Yahoo Entity is Yahoo!\nTaiwan Holdings Limited, Taiwan Branch (Address: 14F, No.66 Sanchong Rd,\nNangang District, Taipei, 115, Taiwan) and the following terms apply: (a) the\nTerms and the relationship between you and Yahoo! Taiwan Holdings Limited,\nTaiwan Branch will be governed by the laws of the Republic of China (R.O.C.)\nwithout regard to its conflict of law provisions, and (b) you and Yahoo! Taiwan\nHoldings Limited, Taiwan Branch agree to submit to the exclusive jurisdiction of\nthe Taipei District Court located in Taiwan, R.O.C.\n2. For other Services:\na. the Applicable Yahoo Entity is the Yahoo Entity that is specified to be the\nprovider in respect of a specific Service, and the Terms and the relationship\nbetween you and the Applicable Yahoo Entity will be governed by the laws of the\nplace of incorporation of the Applicable Yahoo Entity; or\nb. if no Yahoo Entity is specified to be the provider in respect of a specific Service,\nthe Applicable Yahoo Entity is Yahoo Inc. (Address: 22000 AOL Way, Dulles, VA\n20166), and for such Services the terms of Section 14.2 (United States) apply.\nii. Minimum Age: 13 years old\nb. Customer Support. For customer support, see this page.\n13. Europe, Middle East and Africa\na. Defined Terms\n\ni. Applicable Yahoo Entity: Yahoo EMEA Limited (Address: 5-7 Point Square, North\nWall Quay, Dublin 1, Ireland)\nii. Minimum Age: For EU Member States, the Minimum Age is 16 or the lower age\nthat a Member State has provided for you to consent to the processing of your\npersonal data. For countries outside the EU the Minimum Age is 13.\nb. Choice of Law. These Terms and their operation, interpretation or formation, and the\nrelationship between the parties, including any claim or dispute that might arise\nbetween the parties (including non-contractual claims or disputes) will be governed\nby the laws of Ireland without regard to its conflict of law provisions.\nc. Forum. Except to the extent set out in paragraph (d) below, you and we agree to\nsubmit to the exclusive jurisdiction of the Irish courts in respect of any dispute or\nclaim that arises out of or in connection with these Terms or their operation,\ninterpretation or formation (including non-contractual claims or disputes). In such\ncases, you and we agree to submit to the personal jurisdiction of the courts located\nwithin Ireland, and agree to waive any and all objections to the exercise of\njurisdiction over the parties by such courts and to the venue of such courts.\nd. If you reside in a European Union country, nothing in these Terms, including\nparagraphs (b) and (c) above, affects your right to rely on any applicable mandatory\nlocal law or choice of jurisdiction provision that cannot be varied by contract. The\nEuropean Commission provides for an online dispute resolution platform, which you\ncan access at https://ec.europa.eu/consumers/odr/.\ne. Customer Support. Below are links for customer support.\ni. Ireland\nii. UK\niii. Germany\niv. France\nv. Spain\nvi. Italy\n\nvii. All other countries\nf. Modifying the Services; Modifying these Terms\ni. Where we modify the Services as outlined in Section 7(a), or we modify these\nTerms pursuant to Section 12(b), we will tell you a reasonable amount of time in\nadvance of any modifications that will materially disadvantage our users or\nmaterially limit the access or usage of Services. Your continued use of the Services\nafter the effective date of any such modifications means that you agree to the\nServices or the Terms as modified.\nii. For modifications to the Terms or to the Services that we need to make to meet\nsecurity, safety, legal or regulatory requirements, we may not be able to notify you\nin advance but we will let you know as soon as practicable.\ng. Notice of cancellation, suspension or limitation of the Services or your account.\ni. Despite Subsection (f) above and without prejudice to your statutory rights, we\nmay, without notice, temporarily or permanently suspend or cancel your account or\nimpose limits on or restrict your access to parts or all of your account or the\nServices:\n1. if you violate, or we believe you are about to violate, the Terms, including any\nincorporated agreements, policies or guidelines;\n2. in response to requests by law enforcement or other government agencies under\nvalid legal process;\n3. due to unexpected technical or security issues or problems; or\n4. if your account shows extended periods of inactivity in accordance with our\naccount deletion policy.\nh. If we permanently suspend or terminate your account, we will notify you in advance\nand allow you reasonable time to access and save information, files, and content\nassociated with your account unless we have reason to believe that continued\naccess to your account will violate applicable legal provisions, requests by law\nenforcement or other government agencies, or cause damage to us or to third\nparties.\n\ni. Cooling off period for EU consumers. The following provisions supplement Section\n11 (Fee-Based Services and Billing).\ni. If you are a consumer living in the EU, you can cancel your fee-based Service\nwithout giving a reason within 14 days from the day of the conclusion of the\ncontract. You can notify us by completing and submitting this form or if you have no\nother option, by returning this form to us by post. You must send your notification to\nus before expiry of the 14-day cancellation period.\nii. Exceptions. If you purchase digital content not supplied in a tangible medium from\nus you agree that the cancellation period expires immediately once you begin to\ndownload or stream the digital content.\niii. Reimbursement. We will reimburse all payments received from you for the fee-\nbased Service no later than 14 days from the day on which we received your\ncancellation notification. Unless you expressly agree otherwise, we will use the\nsame means of payment as used for the initial transaction. You agree that if you\nstart using the fee-based Service before the end of the cancellation period you will\nbe liable for all charges incurred up to the date of cancellation.\nj. Auto-Renewal. In addition to Section 11(b)(v), the following shall apply: If your\nsubscription is auto-renewed and the price has increased, you will be notified of the\napplicable new price and you will be allowed to terminate your subscription within a\nperiod of 14 days upon receipt of the notice. In such case the new price will not\nbecome effective and your subscription will end at the end of the term.\nk. Exclusions and Limitations of Liability. Nothing in the Terms affects any legal rights\nthat you are entitled to as a consumer under Irish and EU law which cannot be\ncontractually altered or waived. Accordingly, some of the exclusions and limitations\nin Sections 8 and 9 of the Terms will not apply to you if you are a consumer living in\na European Union country.\nl. Our Liability. Despite Section 9, we accept responsibility for fraudulent\nrepresentations made by us or if you are injured or die as a direct result of our\nnegligence in connection with the Services.\nm. Additional terms for Italian users can be found here.\n\nn. Additional terms for German users can be found here.\nLast updated: 25 January 2022\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"ABEMA","url":"https://abema.tv/about/terms","lang":"ENG","sector":"Video","hq":"Japan","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"15.09.2021"},"document":{"title":"","text":"Terms and Conditions\n（For Users outside of Japan）\n＊If you are using our service outside of Japan, please be sure to read and agree\nto the following Terms and Conditions.\nThese Terms and Conditions set forth the terms and conditions of use for the\nservices provided through \"ABEMA\" (hereinafter referred to as the \"Service\", together\nwith the application that must be installed when using the Service) operated by\nAbemaTV, Inc. (hereinafter referred to as \"Abema\", \"we\", \"our\" or \"us\"). In order to\nensure the smooth operation of the Service, the guidelines, precautions, and other\nrules and regulations regarding the use of the Service that are separately stipulated\nby Abema within the Service as necessary shall be incorporated as part of these\nTerms and Conditions. (if a person under the age of eighteen (18) uses the Service,\nplease obtain prior consent from a person with parental authority and use the Service\ntogether)\nBefore using the Service, please be sure to read and agree to these Terms of\nUse and Privacy Policy.\nBy using the Service, you (hereinafter referred to as the “User”) agree to\ncomply with these Terms and Conditions. If you do not agree with these\nTerms and Conditions, please do not use the Service.\nArticle 1 (Terms and Conditions for the use of the Service)\n1. The User may use the Service on the premise that they agree to these Terms and\nConditions. The User shall use the Service within the scope specified by us according\nto the conditions stipulated by us, such as usage and usage environment. When using\nthe Service, the User shall always confirm these Terms and Conditions for each\nfunction or service.\n2. If necessary, we may add new services to the Service, change the contents or\nname of the Service, and the User shall use the Service upon prior consent to these\nchanges.\n\nArticle 2 (User Information)\n1. We may obtain the following information (hereinafter referred to as “User\nInformation\") regarding the Service.\n(1) Personal information: The User's name, email address, date of birth and gender.\n(2) Information about the terminal used: Device, OS, the User agent, cookies,\nadvertisement identifier \"IDFA/Android Ad ID\", terminal language setting, access\ncountry, etc.\n(3) Information on communication environment: telecommunications carriers,\ncommunication environments, IP addresses, access areas, etc.\n(4) Usage information: version of the Service, history of use of the Service, etc.\n2. When storing and accumulating the User Information, we shall handle the User\nInformation in accordance with our Privacy Policy, and use it for the following\npurposes:\n(1) Operation of the Service (including providing all information to the User from\nAbema).\n(2) Planning and providing better services and advertisements by analyzing user\ntrends and measuring advertising effectiveness.\n(3) Adjustment to prevent the same advertisement from being exposed more than\nonce by retaining information such as status.\n(4) Providing information about our services (not limited to the Service) or the\nproducts and services of advertisers and affiliated companies that we deem useful to\nthe User.\n(5) Contacting the User about matters that significantly affect the operation of the\nService (including, but not limited to, significant changes in the Service content and\nsuspension).\n(6) Contacting the User to request consent for the handling of the User Information.\n(7) Compiling statistical information pertaining to the usage of the Service,\npublication of such statistical information on the Service or our website, etc., and\nsales or other provision to third parties..\n(8) Providing program recommendations, behavioral targeting advertisements and\nother optimal information based on the age, occupation, gender, hobbies and\npreferences of the User.\n\n3. When the User terminates the use of the Service or we terminate the operation of\nthe Service, we reserve the right, in our sole discretion to delete all User Information\nand will not respond to requests to return such information.\nOur contact point for the Service is as follows:\nCustomer Services Group\[email protected]\nArticle 3 (Fees and Expenses)\n1. In principle, the User shall be able to use the Service free of charge. However, we\nmay charge for all or part of the features that can be added or extended by the\nUser's choice, and provide other paid services.\n2. We may at our discretion, change the price of any feature of the Service that is\nfree or charged. Users shall give advance consent that if they do not agree to such\nchanges, they may not be able to use all or part of the Service.\n3. The User shall bear the cost of the purchasing, installing, and maintaining the\nterminal necessary for the use of the Service, as well as any communication costs\nincurred when receiving the Service.\nArticle 4 (Campaigns and Questionnaires)\n1. We shall be able to conduct campaigns and questionnaires at any time as part of\nthe Service to the User.\n2. Intellectual property rights such as copyrights and other rights arising on contents\nof responses such as campaigns and questionnaires by the User shall be transferred\nto us as soon as the User sends a response to us, the information contained in the\ncontent of response, shall be used in accordance with the Privacy Policy stipulated by\nus.\n3. In the event of a campaign or questionnaire, we may provide gifts to persons\nseparately selected by us among the Users (hereinafter referred to as \"Winner\").\n4. Users who wish to participate in a campaign or questionnaire may be required to\nregister the information necessary in a method specified by us to receive gift(s), etc.\n5. If a Winner does not register as described in the preceding paragraph, or registers\nfalse information, or if Abema determines that there is a possibility that the Winner\nmay have registered false information, the Winner will not be able to receive the gift.\n\n6. We shall not be obligated to compensate the Winner for any damages caused by\nthe gift or the preceding paragraph.\n7. The User shall not assign, transfer, pledge or otherwise dispose of any position\nregarding the gift(s) given by us to any third party.\nArticle 5 (Cooperation with Partner Services)\n1. We may link the Service with services operated by third parties such as our\naffiliated companies (hereinafter referred to as \"Partner Services\").\n2. Users who learn about the Service through the Partner Services shall recognize\nthat the Partner Services and the Service are separate services and shall agree to\nthese Terms and Conditions separately from the terms of use of the Partner Services.\n3. Users who get to know Partner Services through the Service shall understand that\nthe Partner Services and the Service are separate services, and if there are any terms\nof use of the Partner Services other than these Terms of Use, they shall agree to\nthem and use the Partner Services in accordance with the method specified by\nPartner Services.\n4. We shall not be liable for the use of the Partner Services by the User and the\ninformation that the User receives from the Partner Services.\nArticle 6 (Intellectual Property Rights)\n1. Copyrights and other intellectual property rights, portrait rights, publicity rights\nand other moral rights, ownership rights and other property rights arising from the\nvarious content provided through the Service (hereinafter referred to as \"Contents\"),\nthe text, images, programs and any other information that constitutes the Service\nbelong to Abema or a third party with the right.\n2. Users shall not use (reprint, duplicate, modify, store, or transfer) the Contents\nbeyond the scope of use granted by us in the Service. Users shall agree in advance\nthat Abema may change the terms of use of the Contents as necessary and that\nAbema may take measures deemed necessary, such as deleting or suspending the\nuse of the relevant Contents, depending on the content of such changes in the terms\nof use.\nArticle 7 (Prohibited Items)\n\n1. The User shall not engage in any of the following acts or acts that may lead to\nsuch acts:\n(1) Acts that violate laws, public order and morals, or these Terms and Conditions;\n(2) Acts that infringe copyrights or other intellectual property rights, portrait rights,\npublicity rights or moral rights, ownership rights or other property rights of Abema or\nany third party;\n(3) The act of modifying, damaging, or disassembling, decompiling, or reverse\nengineering the Service;\n(4) Act of acquiring the Contents in an unauthorized manner or encouraging such\nactions;\n(5) Acts that unfairly discriminate or slander Abema or a third party, or acts that\nimpair the reputation or credibility of Abema or the Service;\n(6) A profit-making act that is conducted without the approval of us;\n(7) Any acts that cause or may cause nuisance or damage to Abema or a third party;\n(8) Acts that interfere with the operation of the Service;\n(9) Any other acts deemed inappropriate by Abema.\n2. In the event that we deem that a User has engaged in any of the prohibited\nactivities set forth in the preceding paragraph, we may suspend the use of all or part\nof the Service, restrict the use of the Service, or take any other measures deemed\nappropriate by us.\n3. If the User falls under any of the items in Paragraph 1, we shall be entitled to\ndemand compensation from the User for any and all damages (including reasonable\nattorney’s fees) incurred by us as a result of the User's actions.\nArticle 8 (Suspension, Discontinuation and Termination of the Service)\n1. We may suspend all or part of the Service for any of the following reasons:\n(1) When we perform regular or emergency maintenance and inspection of the\ncomputer system for the provision of the Service;\n(2) When the operation of the Service becomes impossible due to emergency\nsituations such as fires, blackouts, or natural disasters;\n(3) When the operation of the Service becomes impossible due to wars, civil strifes,\nriots, disturbances, labor disputes, etc.;\n\n(4) If the Service cannot be provided due to malfunction of the computer system\nused for providing the Service, unauthorized access from a third party, infection of\ncomputer viruses, etc.;\n(5) If the Service cannot be provided due to measures taken in accordance with laws,\nordinances, etc.;\n(6) When we have informed the User in advance by email or other means within a\nreasonable extent;\n(7) Other cases where we deem it unavoidable.\n2. When we stop operating the Service pursuant to the preceding paragraph, we\nshall, to a reasonable extent, notify the User to that effect in advance by means of\nposting to the Service or the website separately designated by us. However, this shall\nnot apply in the event of an emergency.\nArticle 9 (Form of Provision of the Service)\n1. We may, without prior consent of the User, use the Service to post advertisements\nand the like.\n2. We may, without the prior consent of the User, categorize or rank the Service in a\nmanner we deem as appropriate. In addition, we may, at any time, provide the Users\nwith different types of services according to the categorization or ranking, and in\ndifferent forms for each User.\nArticle 10 (Disclaimer)\n1. We do not warrant the legality, accuracy, appropriateness, validity, morality, or\nexistence of rights or licensing with respect to any information contained in the\nService.\n2. We shall, in the event that the content of the advertisement information delivered\nthrough the Service violates the rights of the User or third parties, or in the event\ndisputes arises due to infringement of the rights, we shall not be liable for such\ninfringement or disputes, except in cases of willful misconduct or gross negligence\non our part.\n3. We shall not be liable for any and all damages (including, but not limited to,\ndamages resulting from loss of information, etc.) incurred by the User due to the\nsuspension, discontinuation, or termination of the Service in accordance with Article\n\n8, Paragraph 1, or changes to the Service in accordance with Article 1, Paragraph 2,\nexcept in cases where we were intentionally or grossly negligent.\n4. We shall not be liable for any damages arising from the environment of the\ncommunication terminal, line, software, etc. used by the User, or by computer virus\ninfection, etc. In addition, we may notify the User about the relevant environment, etc.\nby the method separately determined.\n5. We shall not be liable for any damages incurred by the User arising from the use of\nthe Service other than those listed in the preceding paragraphs, except in cases\nwhere we were intentionally or grossly negligent.\nArticle 11 (Prohibition of Assignment of Rights and Obligations)\nThe User shall not assign, succeed or pledge, or otherwise dispose of any rights or\nobligations under these Terms and Conditions to any third party without the prior\nwritten consent of Abema.\nArticle12 (Revision of these Terms and Conditions)\n1. We may revise these Terms and Conditions at any time.\n2. When we intend to revise these Terms and Conditions, we shall notify the User at\nany time using the Service or the website specified separately by us.\n3. In accordance with the preceding paragraph, if the User continues to use the\nService after a period of time specified by us from the date of notification of the\nrevision of these Terms and Conditions, the User shall be deemed to have consented\nto the revision of these Terms and Conditions, the amended Terms and Conditions\nshall become effective between the User and Abema.\n4. The User shall not be able to file the ignorance or non-acceptance of such content\nafter the time of the effective occurrence as stipulated in the preceding paragraph.\nArticle13 (Consultation and Court of Jurisdiction)\n1. In the event of any doubt or problem arising between the User, Abema, or a third\nparty in connection to the Service, Abema shall consult in good faith on a case-by-\ncase basis and attempt to resolve the issue.\n2. All lawsuits and other disputes relating to these Terms and Conditions shall be\nsubject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District\nCourt in the first instance.\n\nArticle14 (Governing law)\nThese Terms and Conditions shall be governed by Japanese law and construed in\naccordance with the Japanese law.\nEffective Date: February 1st, 2019\nRevision Date: September 15th, 2021\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":0,"explanation":"Setting out in the ToS the main parameters used in the recommender system but not in a clear, accessible and easily comprehensible manner"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Dailymotion","url":"https://legal.dailymotion.com/en/terms-of-use","lang":"ENG","sector":"Video","hq":"France","hq_category":"EU","is_public":"Indirectly public","is_paid":"Free","date":""},"document":{"title":"","text":"Terms Of Use\nYour use of the Dailymotion Service implies your acceptance of these Terms of Use including the Data\nProtection Annex below (and the Standard Contractual Clauses incorporated therein). We ask that\nYou read them carefully.\nIf You have any questions, please do not hesitate to contact us.\nSECTION 1: DESCRIPTION OF THE DAILYMOTION SERVICE\n1.1. Dailymotion (“Dailymotion”, “we”, “us” or “our”) is an original, free video hosting website that\nenables users to access, view, upload, store and share videos. The Dailymotion Service is made up of the\nDailymotion website, the Dailymotion video player that is embeddable onto any website (the “Video\nPlayer”), the Dailymotion apps and web-apps as accessible (online or offline) via any current or future\ndevice capable of distributing the Dailymotion website and/or the Video Player and more generally, any\nDailymotion products, content, channels, software, data feeds, services and functionality (“Dailymotion\nService”).\n1.2. By accessing and/or using the Dailymotion Service, without being logged into a Dailymotion Account,\nYou (“You” or “Your” as applicable) will be hereinafter a “Viewer.” As a Viewer, You will only have\nthe ability to access, view or share videos available on the Dailymotion Service, but will not be able to\nbenefit from all the other features available on the Dailymotion Service. A “Dailymotion Account”\nmeans the video content storage space on the Dailymotion Service which is dedicated to a User (as defined\nbelow) on the Dailymotion Service that can be created by signing up for a Dailymotion Account\nvia www.dailymotion.com.\n1.3. If You want to be able to upload videos and access some other features of the Dailymotion Service, You\nwill need to first create a Dailymotion Account and have Your email address validated (see Section 1.4.) at\nwhich point You will be a “User.” Note however that after having created Your Dailymotion Account and\nuntil You have validated Your email address according to the process defined below, You will be an\n“Account Applicant” and will not be able to upload videos or access the other features of the Dailymotion\nService.\n1.4. Information provided by You to create Your Dailymotion Account must be accurate and complete. In\norder for Dailymotion to verify that the email address You provided is valid, You will receive an email from\nDailymotion asking You to validate Your email address.\n1.5. By creating a Dailymotion Account, You agree that You alone will be responsible (to Dailymotion and to\nothers) for all activity that occurs under Your Dailymotion Account. The user ID and password which are\nnecessary to access Your Dailymotion Account and the features associated with it are Your sole responsibility\nand it is Your obligation to keep them confidential. You agree to immediately notify Dailymotion of any\nunauthorized use of Your User ID, password or any other breach of Your Dailymotion Account security.\n\n1.6. As a User, You will also have the ability to access some additional features from the Dailymotion\nService, and if and when You have accepted the terms of the Dailymotion Partner Program, You will then be\na “Partner” and will have the opportunity to monetize Your Content uploaded on Your Dailymotion\nAccount.\n1.7. If You are a User or a Partner, You may notably upload video files (that must be compliant with the\nTerms) on the Dailymotion Service. Any and all elements posted through Your Dailymotion Account on the\nDailymotion Service are deemed to be “Your Content”.\n1.8. As a User or a Partner, You are expected to be an active part of the Dailymotion community. As such,\nYou also acknowledge that if Your Dailymotion Account remains inactive for a significant period of time,\nDailymotion reserves the right to delete, reclaim or remove Your Dailymotion Account in its sole discretion\nwith or without prior notice to You.\n1.9. Any and all individuals or entities accessing the Dailymotion Service may be referred hereafter as a\n“Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, User or Partner).\nSECTION 2: ACCEPTANCE OF THESE TERMS\n2.1. Whether You are a Viewer, an Account Applicant, a User or a Partner, either an individual or an entity,\nYou signify Your express and unconditional agreement to (1) these terms of use, and (2) all other policies of\nDailymotion, including but not limited to the Dailymotion privacy and cookie policies, as accessible at any\ntime from the homepage of the Dailymotion website, and incorporated herein by reference (all collectively,\nthe “Terms”). You may not use the Dailymotion Service if You do not accept or cannot comply with any\nof the Terms. By using the Dailymotion Service, You acknowledge that You have read and understood the\nTerms and agree that Dailymotion will treat Your use of the Dailymotion Service as acceptance of the Terms.\n2.2.1. If You reside in a country that is a part of the European Economic Area, the United Kingdom or\nSwitzerland, the Terms form a legally binding agreement between You and Dailymotion SA in relation to\nYour use of the Dailymotion Service. Any reference to “Dailymotion” in the Terms will then always refer to\n“Dailymotion SA,” whose details are provided here.\n2.2.2. If You reside in a country that is not a part of the European Economic Area, the United Kingdom or is\nnot Switzerland, the Terms form a legally binding agreement between You and Dailymotion Inc. in relation\nto Your use of the Dailymotion Service. Any reference to “Dailymotion” in the Terms will then always refer\nto “Dailymotion Inc.,” whose details are provided here.\n2.3. Dailymotion may, in its sole discretion, modify the Terms from time to time, and You agree to be bound\nby such modifications. Although we may notify You when major changes are made to the Terms, You should\nperiodically review the most up-to-date version which is always accessible from the homepage of the\nDailymotion website. If You do not agree to the modified Terms or cannot comply with the modified Terms,\nYour only recourse is to stop using the Dailymotion Service. Your continued use of the Dailymotion Service\nafter the effective date of the modified Terms will constitute Your acceptance of the modified Terms.\n2.4. You shall not use the Dailymotion Service if (a) You are not of legal age to form a binding contract with\nDailymotion, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or\nusing the Dailymotion Service under the laws of the country in which You are a resident or from which You\naccess or use the Dailymotion Service.\n\n2.5. If You are not an individual (i.e., a corporation or other legal entity), You represent to Dailymotion that\nYou have all necessary corporate or equivalent authority and power to agree to the Terms which You agree\nshall be binding on the corporation, partnership, association or other entity in whose name You are using or\naccessing the Dailymotion Service.\nSECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS\n3.1. For the entire period during which Your Content is hosted on the Dailymotion Service, You grant to\nDailymotion the non-exclusive worldwide rights (unless You geoblock certain territories through Your\nDailymotion Account), transferable to Dailymotion’s Affiliates, to reproduce, represent, stream, replay\n(including offline display without permanent download), exploit, exhibit, show, market, distribute and to\ntechnically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or\nstreaming of Your Content on the Dailymotion Service.\n“Affiliate” means the other companies within the Vivendi group and the fully-owned subsidiaries of\nDailymotion SA (now or in the future).\n3.2. By making Your Content accessible on the Dailymotion Service, You agree to allow any Visitors of the\nDailymotion Service to view and to share Your Content through the Dailymotion Video Player on or through\nany declination of the Dailymotion Service, as accessible (online or offline) via any current or future device\ncapable of distributing the Dailymotion Service by any means of access, including but not restricted to\ncomputers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.\nFurthermore, You acknowledge that Your Content and/or any videos uploaded onto the Dailymotion Service\nby third-parties (the “Third-Party Video(s)”) available for embedding through the Dailymotion Video\nPlayer when on the Dailymotion website (www.dailymotion.com) and/or when embedded elsewhere may\ninclude advertising.\n3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the\nnature of the Internet and digital media, data transmitted – including Your Content – cannot be protected\nagainst risks of misappropriation and/or piracy, for which Dailymotion shall not be liable. You are\nresponsible for taking all appropriate steps to protect Your data, where applicable.\nSECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS\n4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the\nDailymotion Service, which is conditioned on Your compliance with the Terms.\n4.2. The material (other than Your Content and the Third-Party Video(s)) included on or accessible through\nthe Dailymotion Service, such as text, graphics, logos, names, designations, button icons, features,\nfunctionalities, images, audio clips, information, data collected from the Dailymotion Service, photographs,\ngraphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Dailymotion\n\nMaterial”), is the exclusive property of Dailymotion and its licensors, and is protected by copyrights,\ntrademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.\n4.3. Dailymotion Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast,\ndisplayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written\nconsent of Dailymotion or Dailymotion’s licensors. You agree to not use or exploit the Dailymotion Material\nin any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without\nlimitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content\nprotection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer,\ndecompile, disassemble or create derivative works based upon or otherwise alter in part or in full any\nDailymotion Material.\n4.4. All rights not expressly granted in the Terms are reserved to Dailymotion and its licensors.\nSECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER\n5.1. In its capacity as a web hosting service provider, Dailymotion is under no legal obligation to monitor\ncontent uploaded on the Dailymotion Service, nor obligated to actively seek facts or circumstances indicating\nillegal content but shall forthwith remove or disable access from its Dailymotion Service to any infringing\ncontent once having been notified of its existence. Furthermore, Dailymotion does not, and has no legal\nobligation to, review or inspect content for possible illegality or infringement prior to its being viewable on\nthe Dailymotion website.\n5.2. You acknowledge and agree that the owners of the Third-Party Video(s) and Dailymotion in accordance\nwith Section 5.1., may from time to time remove Dailymotion users’ content (including Your Content) from\nthe Dailymotion Service without notice. You shall nonetheless remain fully liable for Your Content.\n5.3. You agree that Your use of the Dailymotion Service shall be at Your sole risk and liability. In this regard,\nYou are solely responsible for (i) Your use of the Dailymotion Service and more specifically for Your\nContent (including any personal data that may be incorporated therein) and (ii) the protection of Your\ncomputer hardware against any virus or interruption.\n5.4. You acknowledge and agree that the Dailymotion Service, in whole or in part (including, without\nlimitation, the look and feel, the thematic channels, and the functionality of the Dailymotion Service), on and\nthrough which Your Content will be distributed, as well as any Third-Party Video(s) are provided “AS IS”\nand “as available” without warranties of any kind from Dailymotion or any owners of the Third-Party\nVideo(s). Neither Dailymotion nor any owners of the Third-Party Video(s) warrant that the Third-Party\nVideo(s) and the Dailymotion Service, the Dailymotion Material or any other software, content, information,\nmaterials or products included on or otherwise made available to You through the Dailymotion Service are\nfree of viruses or other harmful components. Dailymotion may enhance, modify and update the Dailymotion\nService at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to\nthe Dailymotion Service.\n5.5. Dailymotion, its affiliated companies, officers, directors, employees, agents, vendors and suppliers as\nwell as the owners of the Third-Party Video(s) (the “DM Parties”) disclaim all warranties of any kind, either\nexpressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a\nparticular purpose and non-infringement to the fullest extent permissible under applicable law. The DM\nParties also disclaim all warranties, take no responsibility and assume no liability for the content present on\nthe Dailymotion Service, including but not limited to any mistakes, defamation, libel, slander, omissions,\nfalsehoods, obscenity, pornography or profanity You may encounter on the Dailymotion Service. The DM\n\nParties make no warranty or representation that the Dailymotion Service or its functionalities or technology,\nin whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of Your\nContent and/or any limitations on Your or any other Visitor ability to access, view or use Your Content or any\nother content, or that any information obtained from the Dailymotion Service will be accurate or reliable.\n5.6. Dailymotion shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of\nthe Internet, in the access and/or the use of the Dailymotion Service, (ii) or any default of its obligations\ncaused by force majeure or an unintentional cause. Unless otherwise stated herein, Dailymotion does not\ngrant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular\nany guarantee of fitness for a particular purpose. Furthermore, Dailymotion is not responsible for any data\nrelated to Third-Party Video(s) provided by their relevant owners, such as the video title, description,\ncategory, etc.\n5.7. Nothing herein shall exclude or limit Dailymotion’s liability for losses which may not be lawfully\nexcluded or limited by applicable law. Subject to this overall provision above, Dailymotion shall not be liable\nfor:\n(a) any indirect or consequential losses which may be incurred by You, including (i) any loss of profit\n(whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss\nof opportunity; or (iv) any loss of data suffered; or\n(b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the\ncompleteness, accuracy or existence of any advertising, or as a result of any relationship or transaction\nbetween You and any advertiser or sponsor whose advertising appears on the Dailymotion Service; (ii)\nany changes which Dailymotion may make to the Dailymotion Service, or for any permanent or\ntemporary cessation in the provision of the Dailymotion Service (or any of its features); (iii) the\ndeletion of, corruption of, or failure to store, any content and other communications data maintained or\ntransmitted by or through Your use of the Dailymotion Service; (iv) Your failure to provide\nDailymotion with accurate account information; or (v) Your failure to keep Your password or Your\naccounts details secure and confidential.\n5.8. The limitations on Dailymotion’s liability defined in this Section shall apply whether or not Dailymotion\nhas been advised of or should have been aware of the possibility of any such losses arising.\nSome jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer\nmay not apply to the extent such jurisdiction’s law applies to the Terms.\nSECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE DAILYMOTION\nSERVICE AND ITS RELATED TECHNOLOGIES\n6.1. Considering the user-driven nature of the Dailymotion Service, You are responsible for Your use of the\nDailymotion Service, Your Dailymotion Account and/or the Content You upload to Dailymotion. In this\nregard, You warrant as an essential condition that Your use of the Dailymotion Service, Your Dailymotion\nAccount and/or Your Content, and any images, data and/or text which You may disseminate through the\nDailymotion Service:\n(i) do not violate any applicable laws or regulations and/or display, incite, promote illegal activities.\n(ii) do not contain child pornography, sexual abuse or any type of sexually explicit content.\n(iii) do not infringe intellectual property rights of any third-party (including but not limited to sound,\nmusic, excerpts from any animated or non-animated television shows, short, medium-length and/or\n\nfeature-length films, brand, logo, advertisement or any other material that You have not created\nYourself or for which You do not have the necessary clearances and permissions from third-party rights\nowners or copyright royalty collection organizations).\n(iv) do not violate:\nHuman rights (including incitement to hatred on the basis of the origin, religion, sexual\norientation, gender, gender identity or disability of an individual or group of individuals, denying\nthe commission of any crimes against humanity or acts that violate human dignity).\nIndividual rights (in particular by spreading defamatory, slanderous or offensive material in the\nform of threats, intimidation, bullying, harassment).\nPublicity and privacy rights (in particular impersonation of an individual or a legal person).\nPersonal information rights.\n(v) do not support or promote:\nany organizations or individuals that proclaim a violent mission or are engaged in violence. This\nincludes organizations or individuals involved in terrorism, organized hatred against other\ngroups of individuals, human trafficking and organized criminality.\nthe commission of violent extremist or terrorist acts.\nviolence and all other dangerous activities.\n(vi) do not contain verifiably false or misleading information which:\nis created, presented and disseminated for economic gain or to intentionally deceive the public;\nand/or\nmay cause public harm, or is intended as threatening to democratic political and policymaking\nprocesses as well as to the public good such as to public health, to the environment or to the\nsecurity of persons.\n(vii) are not spam or any other deceptive practices designed to abuse or mislead a Visitor (this includes\nexcessively lengthy content, or content that forces unwanted and/or unsolicited actions, whether\nautomated or manual, which falsely increase the number of views, impression or clicks associated with\nYour Content).\n6.2. By uploading or disseminating images, data, and/or text to or through Dailymotion Service, You\nexpressly warrant that You are not uploading any material violating the restrictions defined in Section 6.1.\nand that You have all necessary rights and/or authorizations and/or consents from the copyright owner(s)\nand/or any other relevant rightsholders and have paid any royalties or other fees pursuant to any licenses or\npermissions needed to upload and distribute Your Content on the Dailymotion Service.\n6.3. Failure to comply with the Terms may result in (i) Your Content being removed and/or (ii) Your\nDailymotion Account being deactivated and/or (iii) Your use of the embeddable Dailymotion Video Player\nbeing blocked and/or (iv) any elements or data related to Your Content or to Your Dailymotion Account\nbeing modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from\nthe Dailymotion Service. In addition, Dailymotion reserves the right to report any violation of these\nprovisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to\nthe content in question, in addition to any applicable civil damages depending on the contentious nature of\nthe content.\n6.4. Because the Dailymotion Service is not designed as a video back-up service, You are responsible for\ntaking all necessary precautions to safeguard Your video files.\n6.5. Moreover, You shall not (i) falsely increase the number of views, impressions or clicks associated with\nYour Content or Third-Party Video(s) either directly or indirectly, or automatically (such as using robots,\nbotnets or scrapers) or manually, (ii) authorize or encourage any third-party including offering any financial\nincentive to do the same, (iii) misuse any reporting, flagging, complaint, dispute, or appeals process,\nincluding by making false, groundless, vexatious, or frivolous submissions.\n6.6. You also warrant that any website or applications on which You export Your Content and/or Third-Party\nVideo(s) through the embeddable Dailymotion Video Player does not include any element that: (i) breaches\nany intellectual property rights of any third-parties or (ii) constitutes an injury to any person (including\ndefamation, slander, abuse, etc.) or to any third-party’s privacy rights or (iii) encourages violence or hatred\nagainst any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive\ncontent or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards\n\nof decency and good morals (vii) include any element above-mentioned in Section 6.1., or (viii) violates any\napplicable laws. Moreover, You warrant that Your use of the embeddable Dailymotion Video Player shall not\nbe made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without\nauthorization from the applicable rights owner or (ii) resale of any kind of the Dailymotion Service or (iii)\nany unauthorized third-party contests or (iv) synchronization of the underlying musical composition that\nmight be embodied in the content displayed through the embeddable Dailymotion Video Player or any other\nuse with any visual media output. You also shall not modify, build upon or block any portion or functionality\nof the Dailymotion Video Player including but not limited to links back to the Dailymotion website. By\nembedding Your Content and/or other user’s content through the embeddable Dailymotion Video Player on\nany website or applications, You warrant that You have all the necessary rights and/or authorizations from the\nowner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or\npermissions needed to such distribution.\n6.7. You agree not to alter or modify any part of the Third-Party Video(s) and/or of the Dailymotion Service\n(including but not limited to the Dailymotion Video Player and its related technologies). You agree not to (or\nattempt to) circumvent, disable, reverse engineer or otherwise interfere with any security related features of\nthe Third-Party Video(s), Dailymotion Service or features that (i) prevent or restrict use or copying of content\nor (ii) enforce limitations on use of the Dailymotion Service or the content accessible via the Dailymotion\nService. You agree not to collect or harvest any personal data of any Visitor of the Dailymotion Service and\nto not use the Dailymotion Service for the solicitation of business in the course of trade or in connection with\na commercial enterprise.\n6.8. You agree not to use the Dailymotion Service and any of its related technologies (including without\nrestriction the Dailymotion Video Player, the website, the app and the webapp) for any commercial use\nunless You obtain Dailymotion’s prior written approval, in particular any of the following uses: (i) the sale of\naccess to the Dailymotion Service, (ii) the sale of advertising, sponsorships or promotions placed on or\nwithin the Dailymotion Service or content or Dailymotion Video Player.\n6.9. You understand and acknowledge that the use of the Dailymotion Service within an unauthorized\nframework such as the broadcast or the public display of any Dailymotion users’ content in public places or\nshops is prohibited without the express written consent of Dailymotion. You agree not to access content\nhosted on the Dailymotion Service for any reason other than Your personal, non-commercial use solely as\nintended through and permitted by the normal functionality of the Dailymotion Service, and solely for\nStreaming purposes. “Streaming” means a digital transmission of an audiovisual work from the Dailymotion\nService to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time\nviewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor.\nAccessing a Third-Party Video(s) for any purpose or in any manner other than Streaming and personal use is\nexpressly prohibited. If You wish to use another user’s content for any other purpose, in particular for\ncommercial use, You are solely responsible for obtaining the necessary advance authorization. In all\ncircumstances, You understand and acknowledge that Your use of Third-Party Video(s) will be limited by\ncopyright law. You agree that You will not attempt to modify any Third-Party Video(s) for any reason\nwhatsoever, including for the purpose of disguising or changing any indications of the ownership or source of\nthe content. You agree to and shall indemnify and hold DM Parties harmless from and against any liability,\nloss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award,\njudgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge\n(including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for\nindemnification under the Terms) arising from or relating to (i) Your Content, (ii) Your violation of the\nTerms; (iii) Your use of the Dailymotion Service; and (iv) Your violation of any third-party rights, including\nwithout limitation any copyright, property, publicity or privacy rights.\n6.10 You agree not to access, view, upload, store, share or export any Third-Party Video(s) deemed illegal\nand/or contravening the conditions set out in Section 6.1. and especially not to make any use of content that\nwould infringe the copyrights therein.\n6.11. You acknowledge and agree that the owners of the Third-Party Video(s) and/or any of our Partners are\nthird-party beneficiaries of the Terms and as such they may have the right to enforce the Terms against You\nas a third-party beneficiary of the Terms.\n\nSECTION 7: REPORTING PROHIBITED CONTENT\n7.1. Dailymotion has implemented an easily accessible mechanism next to each video uploaded on the\nDailymotion Service allowing anyone to report the availability of infringing or illegal material and/or activity\non the Dailymotion Service set out in Section 6.1.\n7.2. Such processes to report prohibited content are described in detail at the following\nURL: http://www.dailymotion.com/legal/prohibited and within our Help Center at the following\nURL: https://faq.dailymotion.com/hc/en-us/sections/200384117-Community-guidelines.\nSECTION 8: DATA, ADVERTISEMENTS AND PRIVACY\n8.1. The records of Dailymotion are stored on our systems in accordance with standard safety practices and\napplicable laws. The Dailymotion records shall be considered proof of emails exchanged, registration forms\nsent, videos uploaded, and other activity within the Dailymotion Service, being agreed that, in the event of a\ndiscrepancy between our records and any paper or electronic documents in Your possession, our records shall\nbe authoritative and controlling.\n8.2. The Dailymotion Service may contain links to websites operated by other entities (a “Linked Site“). If\nYou decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all\nprotective measures to guard against viruses or other destructive elements. Dailymotion has no responsibility\nto You with respect to any Linked Site, and no Linked Site, regardless of the linking form (ex., hotlinks,\nhypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by\nDailymotion.\n8.3. In accordance with Internet practice and custom, You acknowledge and agree that advertisements may\nbe incorporated into the Dailymotion Service and then associated to Your Dailymotion Account and/or Your\nContent.\n8.4. During Your use of our Service, the data that You provide us or that we collect or otherwise receive\nabout You are stored by Dailymotion on servers belonging to Dailymotion SA and located in France. Copies\nof some of this data, including copies of Your Content, are also, for technical reasons related to the proper\nfunctioning and security of our systems, stored on servers belonging to Dailymotion SA located in the United\nStates and in Singapore.\nDailymotion also uses cloud storage providers to store certain information concerning Your activity on our\nService (excluding Your Content which we only store on servers that belong to us).\nDailymotion has implemented, or has insured that its service providers have implemented, industry-standard\nsystems and procedures to ensure the security and confidentiality of data, to protect against anticipated\nthreats or hazards to the security or integrity of Your personal data and Your Content and to protect against\n\nunauthorized access to or use thereof. The technical constraints related to the international presence of the\nDailymotion Service do not allow us to store data in a single country. If You do not want Your data or data\nconcerning You to be stored outside of Your country of residence, then do not use the Dailymotion\nService. By using the Dailymotion Service, You consent to this transfer, Processing and storage of data,\nincluding personal data. For clarity, when the provision or use of the Dailymotion Service involves transfer\nof personal data outside of data subject country of residence, each Party will (where applicable) comply with\nthe legal obligations relating to such transfers, storage and Processing. In particular, when third-parties’\npersonal data is incorporated in Your Content, You shall ensure that You have all necessary and legally\nrequired consents (including, when applicable, data subjects’ consent) prior to use of the Dailymotion\nService.\n8.5. As a User, You have the ability to upload Content (which includes the title and description of the video)\nincorporating personal data. We remind You that You remain responsible for the Processing of the personal\ndata incorporated therein and that Dailymotion acts only as a Data Processor of this data, as these terms are\ndefined by applicable laws on the protection of personal data. In this respect, as data controller, You commit\nto respecting the Applicable Data Protection Laws, and especially to lawfully collect and process this data\nand to answer data subjects requests. In particular, You warrant that You have obtained and will maintain all\nrequired consents from third-parties whose personal data is incorporated in Your Content as necessary to\nallow us to provide the Dailymotion Service. You may refer to the provisions set out in Appendix A of the\nTerms in order to learn more about Your status as a data controller under the General Data Protection\nRegulation (GDPR) for the personal data of data subjects residing in the European Economic Area that may\nbe incorporated into the Content that You upload on our Service.\n8.6. Dailymotion takes Your privacy and the protection of Your personal data collected and processed in\nconnection with Your use of the Dailymotion Service very seriously. If You want to find out more about the\npersonal data collected, how we collect it and the related processes, You can check our Privacy Policy any\ntime available from the Dailymotion homepage.\nSECTION 9: MISCELLANEOUS\n9.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the\nDailymotion Service or any of its features, whether or not You are a Viewer, an Account Applicant, a User or\na Partner. For the sake of clarity, watching videos from the Dailymotion Service, exporting the Dailymotion\nVideo Player, and/or maintaining a Dailymotion Account are all deemed uses of the Dailymotion Service.\n9.2. Any obligations which expressly or by their nature continue after termination, cancellation, or expiration\nof the Terms shall survive and remain in effect after such happening.\n9.3. You agree that if one or more provision of the Terms is considered to be not enforceable as a result of the\napplication of a Law, regulation, or the decision of a competent body having jurisdiction, it will be treated as\nnot forming part of the Terms and all other provisions stated herein will remain in force.\n9.4. You also acknowledge that if Dailymotion does not take immediate action in the case You fail to comply\nwith the Terms, this shall not mean that Dailymotion is giving up on any rights that we may have, including\nbut not limited to the right to take action in the future.\n9.5. If You reside in a country that is a part of the European Economic Area, the United Kingdom or in\nSwitzerland, You agree that any dispute between You and Dailymotion arising out of or relating in any way\nto the Terms or Your use of the Dailymotion Service shall be interpreted in accordance with the laws of\nFrance, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party\n\nclaims. You also agree that any claim or dispute between You and Dailymotion shall be decided by a court of\ncompetent jurisdiction located in Paris.\nIf You reside in a country that is not part of the European Economic Area, the United Kingdom or is not\nSwitzerland, You agree that any dispute between You and Dailymotion arising out of or relating in any way\nto the Terms or Your use of the Dailymotion Service shall be interpreted in accordance with the New York\nlaws, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party\nclaims. You also agree that any claim or dispute between You and Dailymotion shall be decided by a court of\ncompetent jurisdiction located in the New York county.\n9.6. Subject to any Dailymotion Partner Program Agreement as mentioned in Section 1.6., the Terms\nconstitute the entire agreement between Dailymotion and You with respect to the Dailymotion Service and\nshall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or\nwritten, between You and Dailymotion with respect to the Dailymotion Service.\n9.7. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial\nor administrative proceedings based upon or relating to the Terms to the same extent and subject to the same\nconditions as other business documents and record originally generated and maintained in printed form.\n9.8. You agree that Dailymotion may provide You with notices, including those regarding changes to the\nTerms, by email, regular mail, or postings on the Dailymotion Service.\n9.9. If one or more provision of the Terms is considered to be invalid as such or as a result of the application\nof a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming\npart of the Terms and all other conditions of the Terms will remain in force.\n9.10. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any\npreceding or subsequent breach or default.\n9.11. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal\nparental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations,\naffirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the\nTerms. In any case, You affirm that You are over the age of 13, as the Dailymotion Service is not intended for\nchildren under 13. If You are under 13 years of age, then please do not use the Dailymotion Service\nLast Updated: January 19, 2022\nAPPENDIX A – Data Protection Annex\nPREAMBLE\n\nWhen You use the Dailymotion Service to upload videos the Content that You upload may include personal\ndata of third-parties whose Processing is governed by the Applicable Data Protection Laws, as defined\nbelow (hereafter “Third-Party Personal Data”). In such case, You are the Data Controller (within the\nmeaning of the Applicable Data Protection Law) for the Processing of this Third-Party Personal Data and\nDailymotion is Your Data Processor. The present Appendix (“DPA“) is applicable to this Processing of such\nThird-Party Personal Data by Dailymotion acting as Your Data Processor.\nIn visiting and/or using the Dailymotion Service, You accept the DPA as binding on You, and acknowledge\nthat it applies to the Processing of Third-Party Personal Data by Dailymotion as Your Data Processor in\nrelation to the Content that You upload. If You do not agree with the terms of this DPA then we advise that\nYou do not upload Content onto the Dailymotion Service.\nNote that, in addition to the Processing of Your Third-Party Personal Data as Your Data Processor,\nDailymotion processes Your personal data during Your use of our Service, and that regardless of whether\nYou are a Viewer, Account Applicant, User or Partner, it is understood that while Processing Your personal\ndata (other than the Third-Party Personal Data described above) (i) Dailymotion is not Your Data Processor\nbut the Data Controller, and (ii) such Processing of Your other personal data is not governed by this DPA but\nis described in our Privacy Policy. You may find in the latter all the information You need about the role of\nDailymotion when Processing such or Your other personal data.\nIn the event that the Third-Party Personal Data incorporated in Your Content is that of Brazilian residents,\nthis DPA applies, mutatis mutandis, to the Processing of said Third-Party Personal Data by Dailymotion.\nTherefore, in such situation where the Third-Party Personal Data contains data of Brazilian residents, then\nthe definition of ‘Applicable Data Protection Laws’ includes the Brazilian General Law on Data Protection\n(LGPD).\nYou and Dailymotion may be individually referred to herein as “Party” or collectively as the “Parties“.\n1. Context\nYou are the Data Controller of the Third-Party Personal Data that may be incorporated into Your Content. In\nthis capacity, You retain full control over such Third-Party Personal Data. By uploading Your Content on our\nService, You (acting as Data Controller) instruct Dailymotion (acting in its capacity as Data Processor) to\nprocess the Third-Party Personal Data by hosting the Content and providing to You with content management\ntools.\nDailymotion commits itself to keeping a record of all the Processing activities carried out on Your behalf, in\ncompliance with its legal obligations. Furthermore, each of the Parties undertakes to comply with all legal\nobligations imposed on it pursuant to the Applicable Data Protection Law.\n2. Definitions\n\nIn this DPA, capitalized terms and phrases have the meanings indicated below, which are applicable to both\nthe singular and the plural thereof. Any other term not defined in this DPA shall have the same meaning as that\nattributed to it in the main body of the Terms above or else in the GDPR.\n“Applicable Data Protection Laws” means the legislation protecting the fundamental rights and freedoms\nof individuals, including the right to privacy with respect to the Processing of personal data. Applicable Data\nProtection Laws means the following laws: (i) Directive 95/46/EC of the European Parliament and of the\nCouncil of 24 October 1995 on the protection of individuals with regard to the Processing of personal data\nand on the free movement of such data, (ii) Regulation (EU) 2016/679 of the European Parliament and of the\nCouncil of 27 April 2016 on the protection of individuals with regard to the Processing of personal data and\non the free movement of data entering into force on May 25, 2018 (the “GDPR”), (iii) any local law\nimplementing the laws identified under (i) and (ii); (iv) Federal Data Protection Act of 19 June 1992\n(Switzerland), (v) the United Kingdom’s Data Protection Act of 2018 (the “UK GDPR”) and (vi) any other\napplicable laws or regulations relating to the protection of personal data which would supplement or modify\nthe above mentioned legislation.\n“Processing” means the Third-Party Personal Data processing entrusted to Dailymotion and described in\nSection 3 of this DPA.\n“Sub-Processor” has the definition attributed to it in the GDPR, and in this case means specifically any Sub-\nProcessor engaged by Dailymotion (or any of their Sub-Processors) who, receives from Dailymotion any\nThird-Party Personal Data exclusively intended for carrying out data Processing operations entrusted by You\nunder the present DPA. Additionally, any company that is member of the group of companies to which\nDailymotion belongs and which may be involved such Processing of Third-Party Personal Data shall also be\nconsidered as a Sub-Processor under this DPA.\n“Supervisory Authority” means the independent public authority responsible for monitoring the application\nof Applicable Data Protection Laws in each applicable country in order to protect the fundamental rights and\nfreedoms of natural persons with respect to data Processing and to facilitate the free flow of data within the\napplicable country. In France, the competent supervisory authority is the “Commission Nationale de\nl’Informatique et des Libertés” (CNIL).\n“Third Countries” means a country which is both: (i) outside the European Economic Area; and (ii) not the\nsubject of a formal adequacy decision of the European Commission which recognizes that the country\nensures an adequate level of protection of Third-Party Personal Data (taken in accordance with Article 25 (6)\nof Directive 95/46 / EC of the European Parliament and the Council of the European Union or Article 45 of\nthe GDPR.\n3. Characteristics of the Processing\nYou authorize Dailymotion to proceed with the Processing of the Third-Party Personal Data necessary to\nprovide the Processing Services (as defined below), under the conditions described below.\n\n3.1. Purposes of the Processing and Description of the Processing Services\n3.1.a. Purposes of the Processing\nDailymotion operates the Dailymotion Service. The Data Controller is a User of the Dailymotion Service\nwho uploads Content onto the Dailymotion Service which incorporates Third-Party Personal Data. In any\ncase, Dailymotion is not collecting this Third-Party Personal Data and has no prior knowledge of the\npresence of any Third-Party Personal Data within Your Content.\nAs such, You are the Data Controller of this Third-Party Personal Data, and You will ensure that You have a\nlegal basis to process the Third-Party Personal Data incorporated in Your Content (ex. consent, legitimate\ninterest, etc.). Dailymotion shall process the Third-Party Personal Data in compliance with the Applicable\nData Protection Laws and for the below-mentioned purposes, according to the instructions of the Data\nController stipulated in the present DPA. Additional instructions regarding the Processing of such Third-\nParty Personal Data can be provided by You either by using the available technical tools and features of the\nDailymotion Service or by addressing them directly to us through Dailymotion’s Help Center. Note that in\nthe event Your instructions are incompatible with the way the Dailymotion Service operates or are in\nviolation of the Terms or any other Dailymotion policies, Dailymotion will not be obliged to comply with\nsuch instructions, but You may stop the Processing by removing such Content at any time.\nBy uploading Your Content onto the Dailymotion Service, You will need to use the Dailymotion Service’s\ntechnical features for the following purposes:\nStoring Your Content on the Dailymotion Service;\nMaking Your Content available to the public according to the terms that You determine by using the\nfunctionalities available on our Service (ex. deciding to place the Content under public or private\nmode).\n3.1.b. Description of the Processing Services\nIn this respect, You instruct Dailymotion to operate the following services (“Processing Services”) on Your\nbehalf:\n\nHosting of Your Content on the Dailymotion Service (this includes both the video files and associated\nmetadata):\nOn Dailymotion SA servers located in France, the United States and Singapore;\nOn data hosting services (ex. cloud services) of third-party Data Sub-Processors (but only for the\nmetadata associated with Content);\nMaking available the Video Player for the distribution of Your Content to the public;\nMaking available technical tools allowing You to manage Your Content.\n3.2. Duration of the Processing\nThe Processing of Your Third-Party Personal Data will last until Your Content is removed for any reason\nwhatsoever from the Dailymotion Service (ex. closure of Your Account, deletion of Your Content by You, or\ndeletion of Your Content by Dailymotion following a notification that Your Content is in violation of the\npresent Terms). However, note that despite the removal, for technical reasons related to the Dailymotion\nService the video files and/or metadata associated with Your Content may not be completely deleted from our\nsystem until up to 30 days after the removal, and in the case of metadata specifically it will be retained for\nlonger than 30 days if such retention is required by law or necessary to establish, exercise or defend legal\nclaims.\n3.3. Categories of Data Subjects\nThe Data Subjects of this Processing are those whose Third-Party Personal Data is incorporated into Your\nContent.\n3.4. Categories of Third-Party Personal Data\nThe categories of Third-Party Personal Data processed depend on what Your Content (including associated\nmetadata) contains. This may include any data that identifies or allows the identification of the Data Subjects\nsuch as their image (still or animated), voice, name, or any other personal information about them.\n\n4. Security and Confidentiality of Third-Party Personal Data\nDailymotion has in place and shall maintain adequate physical and organizational measures necessary to\npreserve the security of the Third-Party Personal Data integrated within the Content (ex. aimed at preventing\ndestruction, loss, distortion, damage or unauthorized access to such Third-Party Personal Data). These\nmeasures are adapted to the level of the risk presented by the Processing. Nevertheless, we remind You that\nthe Dailymotion Service is not a storage service and that You should take all necessary precautionary\nmeasures for the backup and preservation of Your video files. Dailymotion does not assume any liability for\nthe loss of the said files in accordance with Section 5 and 6 of the Terms.\nNonetheless, Dailymotion undertakes to implement the following organizational measures and to make its\nstaff and its Sub-Processors respect them:\nensure that the persons authorized to process Third-Party Personal Data or otherwise involved in the\ndelivery of the Services are aware of, trained and organized to provide sufficient guarantees of security\nand confidentiality with respect to Third-Party Personal Data; and\nimplement access and authorization management rules such as the following:\ncentralized management of access rights,\ngradation of access and use rights,\nperiodic reviews.\ntake all reasonable steps to prevent the misappropriated or fraudulent use of processed Third-Party\nPersonal Data.\nIn addition, the main technical measures currently implemented by Dailymotion (some of which are\nspecifically applicable for the protection of Third-Party Personal Data) are as follows:\nnetwork segmentation and filtering between zones,\nmulti-factor authentication,\nevent log, collection and centralization of logs,\nanti-virus,\nmanagement of security patches,\nsecurity / flow encryption (SSL),\nInternal PKI,\nEncryption of data in transit and at rest,\nbug-bounty program,\napplication of anonymization and pseudonymization techniques (ex. tokenization, aggregation,\nhashing, etc.),\nperiodic re-certification of accounts (periodic review of access rights),\npeer-to-peer code review (development methodology),\nperiodic security audits (architecture, configuration, code, intrusion tests, etc.).\nIn the event of a Third-Party Personal Data Breach (as defined in the GDPR) of which Dailymotion is aware,\nDailymotion commits itself to notify You of this Third-Party Personal Data Breach as soon as possible either\nat the email address associated with Your User Account (or any other email address communicated to\nDailymotion by You for this purpose) or through any other appropriate means (ex. banner notification visible\nfrom Your User Account). Dailymotion commits to cooperating with You should You choose to notify the\nSupervisory Authority or an affected Data Subject of the Third-Party Personal Data Breach. Please note that\nthe competent Supervisory Authority under this DPA is the CNIL.\n\nFurthermore, Dailymotion undertakes to provide You with all reasonable assistance in order to help You in\nrespecting Your obligations regarding the security of the Third-Party Personal Data provided for by the\nApplicable Data Protection Law. You understand and agree that the reasonable costs of such assistance from\nDailymotion, if any, will be at Your expense.\n5. Sub-Processors\n5.1. General Information\nYou authorize Dailymotion to use the services of any Sub-Processor listed in Section 5.2. below.\nDailymotion is committed to communicate any information related to a new Sub-Processor by updating these\nTerms or by other reasonable means of communication (ex. making such list available elsewhere on the\nDailymotion website). Dailymotion guarantees that the contracts with its Sub-Processors contain\ncommitments at least as strict as those provided for in this DPA. If You object to a Sub-Processor, You can, at\nany time, terminate the Processing by deleting Your Content from our Service.\n5.2. The Sub-Processors\nNote that Dailymotion stores data, including Third-Party Personal Data that may be integrated within Your\nContent, on its servers located in Europe, the USA and Singapore.\nAs any other company, in order to provide You our Service, Dailymotion outsources some of its activities to\nthird-party service providers. As a result, we also store some of that data using the services of third-party\ncloud storage providers that may be located outside of the EEA (European Economic Area).\nThe following companies are currently engaged by us as Sub-Processors:\nSUB-PROCESSORS\nTHE SERVICES\nPROVIDED BY\nSUB-\nPROCESSORS\n\nSUB-PROCESSORS\nTHE SERVICES\nPROVIDED BY\nSUB-\nPROCESSORS\nOne or more of our Affiliates other than the Dailymotion entity You\ncontract with and that is Your Data Processor:\n\nDailymotion SA; 140 boulevard Malesherbes; 75017 Paris; France (data\nprotection contact details: DPO)\n\nDailymotion Inc, 50 W 23rd Street, New York, NY 10010; USA (data\nprotection contact details: Customer Service)\n\nDailymotion Asia Pacific Pte Ltd, 137 Amoy Street; Singapore 049965\n(data protection contact details: Customer Service)\n\nDailymotion Advertising SAS; 140 boulevard Malesherbes; 75017 Paris;\nFrance (data protection contact details: DPO)\nTo help Us provide\nYou with the\nDailymotion\nService\nGoogle Ireland Limited, Gordon House; Barrow Street; Dublin 4; Ireland)\n(data protection contact\ndetails: https://support.google.com/policies/contact/general_privacy_form)\n\nAmazon Web Services EMEA SARL “AWS”, 38 Avenue John F.\nKennedy, L-1855, Luxembourg (data protection contact details: Amazon\nWeb Services EMEA SARL “AWS”, 38 Avenue John F. Kennedy, L-1855,\nLuxembourg ATTN: AWS EMEA Legal)\n\nMongoDB Ltd. (Atlas), 3rd Floor, 3 Shelbourne; Buildings, Nallsbridge;\nDublin 4; Ireland; Atlas (data protection contact\ndetails: [email protected])\nIn order to host\ndata related to Your\nContent present on\nthe Service\n6. Data Subjects Rights\nAs a Data Controller, it is Your responsibility to respond to the requests of the Data Subjects relating to the\nexercise of their privacy rights under applicable law and to inform the Data Subjects about the details of the\nProcessing operations and that, at the latest at the time of collection of the Third-Party Personal Data or prior\nto any further Processing of the Third-Party Personal Data.\nIn this regard, Dailymotion shall:\nCommunicate to You, as soon as possible, any request for deletion, correction, communication, access\nto the Third-Party Personal Data or limitation of the Processing of the Third-Party Personal Data,\nexcept where this communication is prohibited by the applicable authorities; and\nAssist You, by all appropriate and reasonable measures, in fulfilling Your obligation to comply with the\nrequests of Data Subjects. Note that Dailymotion reserves the right to charge You for all reasonable\ncosts and expenses related to assisting You with such requests.\nFurther, in this regard, You agree:\n\nThat Dailymotion will communicate with You on the email address associated with Your User Account\nand/or another email address that has been designated by You to Dailymotion’s DPO;\nThat Dailymotion may share this email address and/or any other contact information provided within\nYour account (ex. the postal address) with the Data Subjects as the contact address of the Data\nController. Should You wish to designate any contact information different from what is in Your User\nAccount, You should do so by contacting Dailymotion’s DPO;\nThat You shall respond to requests from Data Subjects within the timeframes set forth in the\nApplicable Data Protection Law;\nThat You shall notify Dailymotion — by replying to the notification sent by Dailymotion as described\nin this Section – of Your response to each of the Data Subjects requests including, if applicable,\nwhether You invoked an extension of the time to respond. In the absence of such a notification from\nYou within the timelines prescribed by law, then You authorize Dailymotion to proceed with the\nremoval of Your Content from the Dailymotion Service. However, in the event that the Data Subjects\nclaims that Your Content contains sensitive and/or special Third-Party Personal Data (as defined under\nApplicable Laws) or the Third-Party Personal Data of a minor, You authorize Dailymotion to proceed\nto the immediate removal of access to the Content without waiting for Your response (though removal\nmay be reversed depending on Your response). Note that this process is separate and in addition to any\nother content removal process described under the Terms (ex. removal of Your Content because it\nviolates copyright law).\n7. Your Representations and Warranties\nYou represent and warrant to Dailymotion that:\nYou have obtained and will maintain for the duration of Your use of the Dailymotion Service all rights\nand authorizations necessary to allow us to provide You with the Dailymotion Services;\nAll instructions You transmit to Dailymotion regarding the Processing of Third-Party Personal Data, as\ndescribed under Section 3.1.a. are not in violation with the Applicable Data Protection Laws and, if\nYou act in capacity of a Data Processor for another Data Controller, are compatible with any\ninstructions You have received from such Data Controller. In particular, You shall ensure that You have\nbeen authorized to designate us as a Data Sub-Processor;\nthe Third-Party Personal Data has been collected in compliance with the Applicable Data Protection\nLaw;\nYou have obtained the consent of the Data Subjects or have established an alternative legal basis for\nthe collection of said Third-Party Personal Data and You undertake to produce evidence of such\nconsent or legal basis upon a request from Dailymotion, the Data Subjects and/or competent\nauthorities.\n8. Requests\n\n8.1 Audit Requests\nAs a Data Controller, You have a right to audit the Processing activities undertaken by Dailymotion as a Data\nProcessor within the limitations set forth in this Section.\nIf You reasonably believe that Dailymotion does not respect one of its specific obligations as Your Data\nProcessor, You may request an audit by submitting a description of this specific suspected failure and audit\nrequest to Dailymotion, using the contact details listed in Section 10 of this DPA. As part of the audit,\nDailymotion undertakes to provide You with the information in its possession and strictly necessary to\ndemonstrate the respect of Dailymotion’s obligations as Your Data Processor as defined under this DPA and\nthe Applicable Data Protection Laws subject to the respect of Third-Parties’ rights and the security\nrequirements of Dailymotion’s computer systems.\nFor sake of clarity, You shall not be entitled to receive any information outside of this limited scope in\nrelation to this audit right. You may request such audit not more often than once per thirty-six (36) month\nperiod and under the condition that You inform Dailymotion at the latest sixty (60) working days before its\nplanned starting date. Such audit must be performed by an external third-party auditor at Your expense at\nDailymotion’s headquarters and during normal business hours and must be limited to two business days\n(unless the circumstances do not reasonably allow it to be completed within such time). The auditor must be\nsubject to strict contractual obligations of confidentiality, and the results of such audit must also be treated as\nconfidential information and must be shared with Dailymotion. Dailymotion may object in writing to an\nauditor appointed by You to conduct any audit if the auditor is, in Dailymotion’s reasonable opinion, not\nsuitably qualified or independent, a competitor of Dailymotion, or otherwise manifestly unsuitable. Any such\nobjection by Dailymotion will require You to appoint another auditor.\nIf the audit reveals a non-respect of Dailymotion’s obligations, Dailymotion will take reasonable measures to\nremedy it. Furthermore, if You are not satisfied with the result of such audit, You may always exercise Your\nright to at any time, stop or suspend the use of the Dailymotion Service.\nFurthermore, You agree that if during the twenty-four (24) months preceding Your audit request, the subject\nof Your audit request has already been subject to another audit initiated by Dailymotion or by a third-party,\nthe sharing of such audit’s results with You will satisfy Dailymotion’s audit obligation to You as described in\nthe present Section.\n8.2 Public Authorities Requests\nIn its role as a Data Processor, Dailymotion shall maintain appropriate measures to protect Third Party\nPersonal Data in accordance with the requirements of applicable data protection Laws and regulations,\nincluding by implementing appropriate technical and organizational safeguards to protect Third Party\nPersonal Data against any interference that goes beyond what is necessary in a democratic society to\nsafeguard national security, defense and public security.\n\nIf Dailymotion receives a legally binding request to provide Third Party Personal Data to a Public Authority,\nDailymotion shall, unless otherwise legally prohibited, promptly notify You and provide You with a\nsummary of the nature of the request. Dailymotion may challenge the request if, after careful assessment, it\nconcludes that there are reasonable grounds to consider that the request is unlawful, and may pursue\npossibilities of appeal and/or seek interim measures with a view to suspending the effects of the request until\nthe competent judicial authority had decided on its merits. It shall not disclose the Third Party Personal Data\nrequested until required to do so under the applicable procedural rules. Dailymotion agrees it will provide the\nminimum amount of information permissible when responding to a request for disclosure, based on a\nreasonable interpretation of the request. For the avoidance of doubt, this DPA shall not require Dailymotion\nto pursue action or inaction that could result in civil or criminal penalty for Dailymotion such as contempt of\ncourt.\n9. Third-Party Personal Data Transfers outside the European Economic Area\nIf, during the provision of the Services, You are established in a Member State of the European Economic\nArea, Switzerland or the United Kingdom, the Third-Party Personal Data incorporated into Your Content are\ntransferred to a Third Country as necessary to provide the Processing Services.\nTherefore, according to the Applicable Data Protection Law, the module #2 – Controller to Processor of\nthe Standard Contractual Clauses are applicable to this transfer of Third-Party Personal Data by You, the\nData Controller (acting as the data exporter) to Dailymotion, Your Data Processor (acting as the data\nimporter). It is agreed by the Parties that:\nthe description of the Processing as required under Annex I of the Standard Contractual Clauses is\nprovided under Sections 3, 4 and 10 of the present DPA and,\nthe description of the technical and organizational security measures as required under Annex II of\nthe Standard Contractual Clauses are provided under Section 4 of the present DPA, and\nthe list of Sub-Processors as required under Annex III is provided under Section 5 of the present DPA.\nBy accepting these Terms, You accept to be bound by these Standard Contractual Clauses and their annexes.\nIn the event that Dailymotion either directly or indirectly transfers Third-Party Personal Data to a Third\nCountry through a third-party Sub-Processor (instead of Processing such Third-Party Personal Data itself\ndirectly), Dailymotion will ensure that such transfer is done only in the presence of legally adequate\nsafeguards. For example, by integrating the Standard Contractual Clauses within such Sub-Processor’s\ncontract and/or by obtaining a commitment from such Sub-Processor to enter into Standard Contractual\nClauses with its own Sub-Processors (if any).\nAs of the last update of the Terms, Dailymotion has conducted an assessment of the applicable laws and\nregulations or practices of the Third Countries of destination where the Processing of Third Party Personal\nData may occur. It has been established that the Third Party Personal Data that is transferred to these Third\nCountries is stored in our own proprietary datacenters and for a limited duration in time (all new videos are\nduplicated on the servers of these datacenters but then only copies of the videos that got popular in the\nterritories closer to the datacenter are kept for a longer time on these servers in Third Countries). Also,\nDailymotion is designed as a video-sharing platform, meaning that the videos which may contain Third Party\nPersonal Data are public by default, and therefore accessible to anyone.\nAlso, Dailymotion has no reason to believe that the laws and practices in any Third Country of destination\napplicable to the Processing of Third Party Personal Data, including any requirements to disclose Third Party\nPersonal Data or measures authorizing access by a Public Authority (e.g. a government agency, or law\n\nenforcement authority, including judicial authorities), prevent Dailymotion from fulfilling its obligations\nunder this DPA. However, if Dailymotion reasonably believes that any existing or future enacted or\nenforceable laws and practices in a Third Country of destination applicable to the Processing prevent it from\nfulfilling its obligations under this DPA and may represent a threat to Third Party Personal Data’s security\nand integrity, it shall promptly notify its Users, including You, and it will use reasonable efforts to make\navailable to the affected Users a change in the Services. If Dailymotion is unable to make available such\nchange, You may remove Your Content at any time from the Dailymotion Service.\nAs such, Dailymotion has determined that the risks of infringing such Third Party’s privacy associated to\nsuch transfer to a Third Country is limited and consequently, that the existing measures in place shall be\nsufficient to ensure the efficiency of the protection of the rights of the data subjects whose Third Party\nPersonal Data is related to.\n10. DPO – Identity and Contact Details\nDailymotion’s Contact Info: Contact email here.\nYour Identity Contact Info: the email address associated with Your User Account, or, if applicable,\nthe email address communicated in compliance with Section 6 of this DPA.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"HBO GO","url":"https://hbogo.pl/terms-and-conditions-direct-subscription","lang":"ENG","sector":"Video","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Paid","date":""},"document":{"title":"","text":"GENERAL TERMS AND CONDITIONS FOR HBO EUROPE\nS.R.O's ONLINE SERVICE \n1 Generally \n1.1 HBO Europe s.r.o. with its registered office at Jankovcova 1037/49, Praha 7, Postcode: 170 00, the Czech\nRepublic, registered in the commercial register administered by the City Court in Praha, Section C, Insert 29418\n(hereinafter ”HBO”) provides (i) an on demand audiovisual media service; and (ii) the linear audiovisual media\nservices: HBO, HBO2 and HBO3 channels, currently jointly known as “HBO GO”, to be made available at\nwww.hbogo.pl or another website or application designated by HBO (hereinafter the ”Website”) with the linear\nand on-demand content as applicable (hereinafter the ”Service”). \n\n1.2 These general terms and conditions (hereinafter the ”User Terms and Conditions”) apply to agreements\nbetween HBO and a natural person (hereinafter the “User”) regarding the Service. Only natural persons who are\n18 years of age and older who reside in Poland may enter into an agreement with HBO on providing the Service.\nHBO has the right to refuse to enter into an agreement, or immediately terminate an agreement with a User if the\nUser has previously breached HBO's User Terms and Conditions. HBO may, instead of refusing to enter into or\nterminate an agreement , require the User to provide security for such User's obligations pursuant to the\nagreement.\n\n1.3 These User Terms and Conditions apply to and are binding upon HBO and the User. Agreements are also\nsubject to special terms and conditions (including any special offers, prices, payment terms and methods, term of\nagreement, etc.), offered by HBO from time to time in conjunction with the execution by the User of an agreement\nwith HBO. In conjunction with any conflicts between the special terms and conditions and the User Terms and\nConditions, the special terms and conditions shall prevail. The User Terms and Conditions and the special terms\nand conditions together constitute the agreement applicable between the User and HBO (hereinafter the\n”Agreement”). If the subscription to the Service is purchased via a third party acting as an agent or commissioner\n(e.g. iTunes-Apple, hereinafter: “Third Party Agent”), the terms and conditions of this Agreement shall be\napplicable subject to the special terms specified in section 22. Regardless of whether a subscription to the\nService is purchased from HBO directly or via a Third Party Agent, HBO is the provider of the Service and\nresponsible for its content, and the User has to enter into this Agreement with HBO. In order to obtain access to\nthe Service, the User must confirm that the User has read and accepted the Agreement. \n\n1.4 After ordering the Service from HBO, HBO will provide a confirmation of the Agreement by e-mail sent to the\ne-mail address submitted by the User in connection with the User’s registration according to section 4 below.\nSuch confirmation will contain the text of the Agreement. The Agreement is concluded in the moment when the\nUser accepts the Agreement by clicking the designated button on the Website to finalize the order. \n\n1.5 The Agreement can only be concluded in the Polish language only. The Agreement (which constitutes\nagreement concluded by electronic means) will be stored by HBO and the User will receive the text of the\nAgreement in the confirmation email delivered to the email address provided by the User. The currently\napplicable User Terms and Conditions are available on the Website. Users acknowledge that their personal data\nare processed by HBO in compliance with the applicable Personal Data Policy available on the Website.\n\n2 Scope of the Service\nTerritory\n\n2.1 The Service may only primarily be used in Poland (hereinafter the ”Territory”). Users are entitled to use the\nService while temporarily present in other member states of European Economic Area (hereinafter: ”EEA”) in\naccordance with the Regulation 2017/1128 of the European Parliament and of the Council on cross-border\nportability of online content services in the internal market. The EEA includes EU countries and also Iceland,\nLiechtenstein and Norway. When Users access the Website or initiates content playback, HBO will verify that the\nUsers’ IP address is located in the EEA. If the Users’ IP address is unidentifiable or located outside of the EEA,\nthe access to the Website will not be provided and content playback will be denied.\n\nContent \n\n2.2 On the Website the Service contains movies, series, documentaries and other programs available:\n\n(i) as the live channels: “HBO”, “HBO2” and “HBO3” channels (the “Channels”); and\n\n(ii) on-demand basis included by HBO at its sole discretion from time to time.\nThe User obtains access to the content which is provided on the Website from time to time, immediately after the\nUser has ordered the Service and accepted the Agreement. HBO strives to continuously improve the User's\nviewer experience. The Service and its content may therefore, in the future from time to time be replaced,\nmodified or updated.\n2.2.1 The current list of on-demand content of the Service shall be available on the Website. Changes,\nmodifications to, or updates of, the on-demand content of the Service and other changes to the appearance of\nthe Website are not to be deemed to constitute a modification of the Agreement or the Service unless applicable\nlaw requires otherwise.\n2.2.2 The User acknowledges that some of the selected programming may not be available on the Channels\ndistributed via the Website due to legal restrictions of the content owners. HBO reserves the right to change the\nname any of the Channels included in the Service and/or include also other channels in the Service, without any\nprior notice. Such changes or unavailability of certain programming on any of the Channels (or other channel(s))\nwill not be considered as changes to the Agreements.\n2.2.3 Most of the programming included in the Service is available in Polish language (either voiced-over or\ndubbed and/or subtitled), however some programming may only be available in original language.\nHBO may introduce different tiers of the Service with different pricing in the future. If different tiers are introduced,\nindividuals will be able to subscribe to any of the tiers at their election.\nSubscription \n2.3 For a monthly fee, the User may subscribe and obtain access to the full content of the Service or selected tier\nof the Service, if made available.\n2.4 HBO may offer the Service without charge on terms specified in connection with the offer and the Agreement\nand determined upon its sole discretion (hereinafter the “Trial Period”). The User can choose to terminate the\nService, at any time during the Trial Period, without having to pay for the Service. HBO does not charge any fees\nduring the Trial Period.\n2.5 If HBO offers the Trial Period, the Users who are eligible may only use one Trial Period during a consecutive\ntwelve (12) months period. Trial Period eligibility may by verified by HBO based on data provided by the User,\nincluding but not limited to the e-mail address, payment method and/or ID devices ascribed to the account, in\norder to prevent abuse of the Trial Period. In case HBO suspects abuse of the Trial Period or its terms, HBO may\nimmediately take measures to prevent such abuse, including termination of the Agreement. \n2.6 If the User has not terminated the Agreement during the Trial Period, the Trial Period will automatically, and\nwithout notice to the User, transform into a usual subscription for which the User must pay the ordinary\nsubscription fee. If the User decides to not become a paying User, the User must thus terminate the Agreement\nduring the Trial Period. The end date of the Trial Period will be made available to the User in the user account on\na continuous basis. \n2.7 HBO or its partners may from time to time offer vouchers for use of the Service by the Users. Unless the\nterms and conditions of the voucher offer provide otherwise, by redeeming such vouchers, Users are entitled to a\none time special promotional use of the Service for a limited period of time (e.g. an additional free trial period in\naddition to the Trial Period) (hereinafter the “Promotion Period”), and Users will be eligible to use one voucher\n(and participate in one voucher campaign) during any consecutive twelve (12) months’ period.\n3 Use of the Service \nTo be able to use the Service, the User must register a user account on the Website (see, further, section 4),\nhave access to equipment, systems and connections in accordance with these User Terms and Conditions (see\nfurther, section 5), and after the expiration of a potential Trial Period or Promotion Period, make payment in\naccordance with these User Terms and Conditions (see, further, section 6). Furthermore, certain technical\nsafeguards have been implemented to prevent unauthorized use of the Service, such as copying, use outside the\nTerritory and EEA and further dissemination of the content provided in the Service.\n4 Registration, user name and password \n\n4.1 Registration of a user account must take place in the Territory on www.hbogo.pl by using the Polish\ncredit/debit card or such other payment method available on the Website. Users who have a permanent\nresidence in Poland and are physically present in their country of residence at the time of the registration may\nregister an account in order to access the Service. When the User registers an account, HBO will verify that the\nUser’s payment method is issued in Poland and that the User’s IP address is located in the same country. If the\nUser’s IP address is unidentifiable or located in another country than Poland or if the User’s payment method is\nissued in a country outside of Poland, the access to the Service will not be provided.\n4.2 The User shall be responsible for ensuring that the stated information at the time of registration is correct,\nand, where necessary, update his/her user account with correct information. Upon registration, the User may only\nprovide information regarding its payment method of choice. Obvious data entry errors will be checked and\nnotified to the User. Nevertheless, the User should review and verify the completeness and accuracy of his/her\ndata supplied during the registration process.\n4.3 Depending on the payment method of choice, upon registration the User shall be requested to provide all or\nsome of the following data: first name, last name, e-mail address, password, credit/debit card number, CVV/CCV\ncode and credit/debit card expiration date, cardholder name, details related to a payment method of choice, for\nexample, the account details of a relevant payment provider, voucher code or any other information that might be\nrequired and necessary to complete the registration (hereinafter the ”Log-On Information”). The User's Log-On\nInformation is personal and may not be used by a third party. The User shall store the Log-On Information in\norder to protect it against unauthorised access. The User is responsible for all use of the Service which takes\nplace through the User's account.\n4.4 If the User suspects unauthorised use of the User's Log-On Information, the User shall immediately notify\nHBO of this fact and change the User's password. In the event HBO has cause to believe that the Log-On\nInformation has been disclosed or in some other manner is being misused by unauthorised persons, HBO shall\nbe entitled to immediately terminate the Agreement in accordance with section 12.4 (c).\n4.5 HBO shall be entitled at any time to request that the User changes the User's password. Changes shall be\neffected promptly and may cause temporary disruptions in the use of the Service. \n4.6 The use of any payment method of choice may be blocked in case of reasonable suspicion of fraud or any\nother offence. \n5 Equipment, etc. \n5.1 In order to use the Service, the User must possess the necessary and approved systems, connection and\nequipment. \n5.2 The specification of current systems requirements is available on the Website. However, the fulfilment of\nthese systems requirements does not guarantee that the User will be able to use the Service indefinitely and for\nreasons outside HBO’s control. Use of the Service may require the installation by the User of third-party software.\nHBO will provide information on the Website regarding which third-party software can be used, but HBO does not\nprovide its own software and shall not be responsible for such third-party software and updates thereof. \n5.3 The Service requires that the User has access to the necessary Internet connection. The User is responsible\nfor all costs associated with such connection, including data traffic costs, irrespective of where in the Territory\n(see, above, section 2.1) the User uses the Service. The specification of requirements for the minimum download\nspeed required to use the Service is available on the Website. \n5.4 Only the types of devices currently listed on the Website may be used and registered for the Service. HBO\nshall be entitled from time to time to determine which device that is to be regarded as approved based on current\ntechnical development and standards. HBO does not provide its own devices and assumes no responsibility for\nany approved device’s performance or its continuous compatibility with the Service and updates thereof. \n5.5 The User shall be entitled to use and register the Service on up to five (5) approved devices, which includes\ncomputers, mobile phones, tablets or other approved devices. Changes of registered, approved devices may be\ncarried out on the User's account (currently maximum 5 times per month). HBO may implement rules regarding\nthe frequency with which registered, approved devices may be changed by the User. Information regarding such\nrules shall be communicated to the User in accordance with section 11 below. Unless otherwise notified by HBO,\nonly two (2) simultaneous streams of the Service are allowed on registered and approved devices. \n5.6 To the extent permitted by the applicable law, HBO is not responsible for the User's failure to use the Service\n\nor for access to the Service being limited due to an overload on the Internet or due to faults or problems relating\nto computers or other devices, networks, electronics or communications which are outside of HBO’s control. \n6 Fees and payment \n6.1 Fees for the Service shall be payable in accordance with the prices applicable from time to time which are\navailable on the Website. The applicable fees will be available to the User prior to the conclusion of the\nAgreement and the registration procedure provides for an express confirmation by the User that he is aware that\nthe order is with the obligation to pay the price. If (i) the price is determined in Euro and (ii) the payment method\nused for the payment is based on local currency, the applicable exchange rate will be determined by the relevant\nbank (or by payment provider). HBO is not responsible for the applicable exchange rate or for other charges\napplied by the bank or by a payment provider. Please contact your payment method service provider for details.\n6.2 If the User is not eligible for a Trial Period, nor for a Promotion Period, the first payment of the subscription\nfee shall be made on the date when the User entered into the Agreement and thereafter payments of the\nsubscription fee to HBO for the immediately following month shall be made in advance on the same day of each\nmonth which corresponds to the day upon which the User entered into the Agreement for the Service. If such day\ndoes not exist in the given month the last day of the given calendar month shall be the payment date.\n6.3 The User may effect payment of the fee through any of the means of payment offered by HBO on the\nWebsite. The User agrees to sign the necessary documents and, at each due date, keep sufficient funds for\npayment of the Service available through the selected means of payment. \n6.4 If the User is granted a Trial Period or Promotion Period, no payment shall be made during such period(s). A\nfirst payment shall be made on the first day after the end of the Trial Period or the Promotion Period (provided the\nUser has not terminated the Agreement before the end of the Trial Period or the Promotion Period) and thereafter\nthe same day each month the following months. If such day does not exist in the given month the last day of the\ngiven calendar month shall be the payment date.\n6.5 If sufficient funds are not made available by the User on the date when payment is due, HBO will provide a\n“failed payment” notification by e-mail sent to the e-mail address submitted by the User and HBO will again try to\ndraw the fee – no more than five (5) times – from the credit or debit card. \n6.6 If payment is not made on time, HBO shall also be entitled to suspend or limit the User's access to the\nService immediately. HBO shall also be entitled to terminate the Agreement immediately if the delay in payment\nexceeds twenty (20) days.\n7 Use of the Service \n7.1 The User may only use the Service for the User's personal use and in accordance with these User Terms and\nConditions. The User may not - and may not encourage, facilitate or cause any other party to do any of the\nfollowing: \n(a) use the Service for a commercial or public purpose; \n(b) use the Service for any unlawful or unsuitable purpose; \n(c) copy/reproduce, lend, sell, broadcast, or otherwise distribute, edit or in any other manner transfer or adapt\ncontent from the Service; \n(d) circumvent, modify, remove, alter or in any other manner manipulate any security, encryption, or other\ntechnology or software which is part of the Service; or\n(e) otherwise use the Service in contravention of copyright laws, other laws, or these User Terms and\nConditions. \n7.2 The Service may only be used within the Territory and in compliance with section 2.1 hereof within the EEA.\nThe User may not in any manner - and may not encourage, facilitate or cause a third party to - use or attempt to\nuse the Service outside the Territory or under conditions hereof outside the EEA. \n7.3 Use of the Service in violation of this section 7 shall at all times be deemed to constitute a material breach of\nAgreement which may result in HBO terminating the Service with immediate effect (see, further, section 12). \n8 Minors\n8.1 The Service may contain materials which are deemed unsuitable for minors and which may be perceived by\nothers as obscene or disturbing. \n\n8.2 The Service is not intended to be used by children without the involvement, supervision and consent of\nparents or guardians. Parents, guardians or other adults who allow children to use the Service shall bear sole\nresponsibility for determining whether the content of the Service is suitable for such child. \n8.3 HBO provides technical means to restrict access to the Service or to certain content. A password, PIN Code\nor other similar means may be required to access the Service or certain content. The User is responsible for\nensuring that such technical means are activated and effective as provided and instructed by HBO, unless such\nmeans must always be used to access to the Service.\n9 Modifications and amendments \n9.1 User hereby expressly acknowledges that HBO has a right to change the fees and other clauses of the Terms\nand Conditions to a reasonable extent. The User shall be notified of such changes by e-mail sent to the e-mail\naddress provided by the User no later than thirty (30) days prior to such change entering into force. In conjunction\nwith such change, the User shall be entitled to terminate the Agreement with effect on the day upon which the\nchange is to take effect. HBO shall inform the User in its notice of his/her right to terminate the Agreement. If the\nUser does not terminate the Agreement before such change takes effect, the User shall be deemed to have\naccepted such change.\n9.2 User hereby expressly acknowledges that HBO has a right to make significant changes to the content\ncovered by the Service to reasonable extent. The User shall be notified of such changes by e-mail sent to the e-\nmail address provided by the User no later than thirty (30) days prior to such change entering into force. In\nconjunction with such significant change, the User shall be entitled to terminate the Agreement with effect on the\nday upon which the change is to take effect. HBO shall inform the User in its notice of his/her right to terminate\nthe Agreement. If the User does not terminate the Agreement before the change takes effect, the User shall be\ndeemed to have accepted such change. \n9.3 For the purpose of section 9.2, a change which relates to the content is significant where the volume of the\ncontent covered by the Service is drastically reduced or the overall orientation of the content is significantly\nchanged. The expiry or termination of a license for a certain program or series, or the decision not to produce or\ninclude further seasons of a certain series shall not be deemed a significant change. The significant change shall\nbe only such change, which will result in significant decrease of the titles of the films and/or series included in the\nService. The significant decrease shall mean the decrease by 50% or more of all titles of films and/or series on\nthe overall content covered by the Service. \n9.4 In case of early termination pursuant to this section 9, when the User has made payment related to a period\nafter the expiry, HBO will repay the exceeding amount within thirty (30) days from the expiry of the Agreement.\nInformation to Users regarding changes and repayment\n9.5 Information regarding changes described above will be provided to Users in accordance with section 11\nbelow. \n10 Loss of right of withdrawal\nBy entering into the Agreement, the User explicitly grants his/her consent to providing access to (delivering of)\nthe Service immediately after entering into the Agreement and paying the fee pursuant to Agreement. The User\nhereby acknowledges that by getting access to (delivery of) the Service before the end of the fourteen (14) day\nperiod for withdrawal from the Agreement, the User loses the right to withdraw from the Agreement pursuant to\nSection 1829 of the Civil Code (Act. No. 89/2012 Coll., as amended), within the fourteen (14) days period after\nentering into the Agreement. If the User has entered into the Agreement and the provision of the Service has\ncommenced, but the User no longer wants to use the Service and be bound by the Agreement, then the User has\nto terminate the Agreement in accordance with section 12 below. The registration procedure provides for an\nexpress confirmation (checkbox) by the User that he/she grants consent to providing access to (delivering of) the\nService immediately after entering into the Agreement and paying the fee and acknowledgement that by getting\naccess to (delivery of) the Service before the end of the fourteen (14) day period for withdrawal from the\nAgreement, the User loses the right to withdraw from the Agreement.\nThe provision of this Section 10 does not affect the User’s right to terminate the Agreement at any time during the\nTrial Period without having to pay for the Service, as provided in Section 2.4.\n\n11 Information to customers \n11.1 HBO may send notices to the User by e-mail, or publication on the Website in compliance with the\napplicable laws. \n11.2 The User is obliged to update his contact information should these change during the use of the Service.\nHBO shall be deemed to have fulfilled its notification obligation by sending notices to the last-stated e-mail\naddress of the User, regardless whether such address is no longer used by the User or are otherwise unusable.\n12 Term of the Agreement and termination \n12.1 Agreements on subscription for the Service is entered into for a subscription period of one (1) month and is\nautomatically prolonged one (1) month at a time until the User or HBO terminates the Agreement pursuant to\nthese User Terms and Conditions. Except for, as set forth in section 9.4 above, no subscription fee paid in\nadvance for the relevant period will be repaid and the User has the right to continue to use the Service until the\nend of that period. If the User is entitled to a Trial Period pursuant to section 2.4 or Promotion Period pursuant to\nsection 2.7, the subscription period starts running from the first day of the Trial Period, or Promotion Period, as\napplicable, and lasts for the period equal to the Trial Period and/or Promotion Period, as applicable, and is\nautomatically prolonged for one (1) month period(s) until the User or HBO terminates the Agreement pursuant to\nthese User Terms and Conditions.\n12.2 If the User wishes to terminate the Agreement, HBO must be notified by e-mail, post letter or, if HBO\nprovides such alternative, through the Website (at hbogo.pl/contact). In case the User initiates the termination,\nHBO will send a confirmatory e-mail to the User at the end of the subscription period. If HBO wishes to terminate\nthe Agreement, HBO shall notify the User by e-mail or post letter. In accordance with clause 12.1 the Agreement\nwill be terminated as of the end of the then current one month term of the Agreement.\n12.3 In conjunction with changes to fees or the User Terms and Conditions, the right to termination shall occur in\naccordance with section 9. \n12.4 Subject to what is prescribed above, HBO shall be entitled to terminate the Agreement with immediate effect\nand at the same time make the Service immediately unavailable to the User in the event that: \n(a) the User is delayed in making payment for a period of not less than twenty (20) days; \n(b) there are reasonable grounds to assume that the User is insolvent; \n(c) the User abuses the Trial Period, the Promotion Period or its terms;\n(d) there is unauthorised use of the Service or there are reasonable grounds to assume that such unauthorised\nuse is occurring;\n(e) the User has tried to use a Trial Period on more than one (1) occasion during any twelve (12) month\nconsecutive period;, or\n(f) the User has in some other manner committed a material breach of the Agreement, or repeated breach of the\nAgreement.\n13 Intellectual property rights \n13.1 In conjunction with the execution of the Agreement with HBO, HBO grants the User a non-exclusive, non-\ntransferable and limited license to watch the content of the Service. The User may only use the Service and its\ncontent in accordance with the Agreement and for his/her private personal use.\n13.2 The materials on the Website and the content of the Service are protected by copyright, trade mark law\nand/or other intellectual property laws. The Agreement with HBO does not in any way entail a transfer to the User\nof any title or any other intellectual property rights to the contents of the Service or to the Service.\n14 Security\n14.1 The User shall not be entitled to act in any manner that may cause the Service or Website to no longer\nfunction, being overloaded, damaged or impaired. Nor may the User impinge on another User's use of the\nService.\n14.2 The User may not attempt to acquire unauthorised access to networks, computer systems, content or\n\ninformation relating to the Website or the Service. Breaches of this provision shall at all times be deemed to\nconstitute a material breach of the Agreement which, among others, may result in termination of the Agreement\nwith immediate effect (see, further, section 12). \n15 Limitation of liability, disruptions and outages\n15.1 The User shall notify HBO on any disruptions, outages and other faults as soon as possible, and not later\nthan seven days following their occurrence, to be entitled to any compensation in accordance with Section 15.2\nhereof. HBO shall not be responsible for faults in the Service which are beyond HBO's control in accordance with\nsection 5.6 above or other faults due to the use by the User of equipment which is not approved or which is due\nto the negligence of (i) the User, or (ii) a third party.\n15.2 In respect of such disruptions, outages and other faults for which HBO bears responsibility under section\n15.1 and resulting in the Service being unusable for a continuous period exceeding 24 hours, Users who request\nit, shall be entitled to receive a proportional reduction in the fee. If the disruptions, outages and other faults for\nwhich HBO bears responsibility under section 15.1, result in the Service being unusable for period exceeding (i)\nthree consecutive days, or (ii) ten days in total during any calendar month, User may terminate the subscription\nagreement with retroactive effect as of the last payment (billing) date (the “Termination Date”) and request the\nrefund of the monthly subscription fee paid for the month after the Termination Date. In addition, Users may\nrequest compensation of costs reasonably spent for making a justified claim under this Section 15.2. within one\nmonth following the deadline for making such claim. Refunds will be made by using the payment method chosen\nby the User for payment of the subscription fee. In case of continued subscription, the amount of the\ncompensation will be, at HBO´s discretion, (i) deducted from the next payment of the subscription fee or (ii)\nprovided in a form of a voucher.\n15.3 Users are not entitled to any compensation for disruptions, outages and other faults resulting in the Service\nwhich are due to maintenance. HBO informs Users that there are three types of maintenance:\nMonthly Scheduled Maintenance: It occurs one day per each month between 01:00 AM-05:00AM CEST.\nNon Scheduled Maintenance: It may occur between 01:00 AM-05:00AM CEST if it is necessary from operation\npoint of view.\nEmergency Maintenance: It may occur anytime, in case there is an emergency technical issue which would\nmaterially affect the delivery of the Service. If the Emergency Maintenance lasts for a continuous period\nexceeding 24 hours, the HBO´s liability shall be governed by Section 15.2 hereof, unless Emergency\nMaintenance was caused by circumstances beyond HBO´s control.\nDuring all 3 maintenance breaks the Service may not be accessed.\n15.4 User´s claims for compensation have to be filed using contact details provided in Section 21 hereof for\ntermination, complaints and claims. The claims shall contain the name of the User, description of the fault and the\nperiod of its duration, and a material evidencing such fault (if requested by HBO). HBO may request other details\nnecessary to identify the User, to determine the amount of compensation, and to settle the claim.\n16 Duty to compensate \nThe User consents to compensate and hold HBO, its subsidiaries, employees, board members and licensors\nharmless for any losses, expenses or demands arising as a result of, or in conjunction with, the User's breach of\nthe Agreement, the User's violation of applicable laws or the User's violations of third-party rights. \n17 Assignment \nHBO shall be entitled, with the prior consent of the User, to assign its rights, claims and obligations pursuant to\nthe Agreement to another company within the same group or to a third party who may be reasonably expected to\nfulfil its obligations pursuant to the Agreement in a satisfactory manner. The User shall be entitled to assign the\nUser's rights and obligations pursuant to the Agreement with prior HBO's consent. \n18 Links from the Website\nThe Website may include links to other websites provided by third parties. HBO has no control over, and\nassumes no responsibility whatsoever for, such links or the content of such websites. The User's use of such\nwebsites shall be at the User's own risk.\n\n19 No consent \nIf HBO refrains from requiring the fulfilment of a right under the Agreement or refrains from acting against the\nUser's violation of the Agreement this shall not be deemed an authorization of the infringement or future similar\ninfringements and shall not otherwise affect HBO's rights pursuant to the Agreement.\n20 Complaints and Disputes \nIf the User is, for any reason, not satisfied with the Service, such Subscriber may contact HBO using contact\ndetails specified in Section 21 or other contact details if available on the Website. \nThe User and HBO shall first attempt to resolve any disputes arising out of the Agreement by an amicable\nsettlement. In the event, the parties cannot reach a settlement, the dispute shall be resolved by a competent\ncourt in Poland. The Agreement is governed by the Czech Law, unless otherwise provided herein. You may also\nbe entitled to certain consumer protection rights and other mandatory provisions under the laws of Polish\njurisdiction. The User shall, as a consumer, before filing an action with a competent court, have the right to refer\ncomplaints to one of the Polish bodies authorized to resolve consumer`s complaints and disputes out of court.\nThe current list of such bodies is published in the Register available at the Office for Competition and Consumer\nProtection (UOKiK) website: polubowne.uokik.gov.pl and include inter alia Regional Offices of the Polish Trade\nInspection or , or to use the link https://ec.europa.eu/consumers/odr to resolve a consumer dispute out of court\nonline. With respect to the content of the Service, the User may file its complaint with the Czech Council for\nRadio and Television Broadcasting, www.rrtv.cz.\n21 Contact information and competent regulator\nHBO may be contacted at the address HBO Europe s.r.o., Jankovcova 1037/49, Praha 7, Postcode: 170 00, the\nCzech Republic, phone number: +420 261094444 or email address: [email protected].\nIn case of termination, complaints or claims, please use the following contact details: hbogo.pl/contact\nThe Council for Radio and Television Broadcasting, Škrétova 44/6, 120 00 Praha 2, the Czech\nRepublic, www.rrtv.cz, is a regulatory authority supervising the provision of the Service, including the HBO\nchannels.\n22 Third Party Agent\n22.1 If a subscription to the Service is purchased via a Third Party Agent, the creation/activation of the\nsubscription, the payment and the termination of the subscription is managed by the Third Party Agent according\nto its special terms and conditions (e.g. the applicable iTunes terms and conditions, hereinafter: “Third Party\nSpecial Terms”). Therefore the User is obliged to read and accept the Third Party Special Terms in addition to\nthe acceptance of this Agreement.\n22.2 In addition to the above mentioned, the following special terms shall apply if a subscription to the Service is\npurchased via a Third Party Agent. If there is any contradiction between the special terms below and the other\nterms of this Agreement, the special terms below shall govern. In addition the terms and conditions of this\nAgreement, the Third Party Special Terms shall apply to the subscription in the following cases:\n(i) The Third Party Agent is responsible for all subscription creation/activation, payment or failed payment and\ntermination related communications.\n(ii) Vouchers – specified in section 2.7. - cannot be redeemed via Third Party Agent.\n(iii) Registration shall take place on a special HBO application to be installed on a device or via an operating\nsystem controlled by the Third Party Agent. The subscription fee will be charged by the Third Party Agent,\nprovided that the User has registered a credit/debit card or other valid payment method with the Third Party\nAgent.\n(iv) The Third Party Agent is responsible for the collection of the recurring monthly subscription fees until the\nsubscription is terminated.\n(v) As part of the registration process the User must create its own HBO account by providing certain account\ninformation necessary to its creation (e.g. name, e-mail address and password). If a User does not have an\naccount with HBO, access to the Service is not possible.\n(vi) The Verification of the country specified in Section 4.1 will be done by the Third Party Agent.\n(vii) If the User wishes to terminate the Agreement, the terms and conditions for termination stipulated in the\n\nThird Party Special Terms shall apply and the User must contact the Third Party Agent and not HBO.\n(viii) Refund claims shall be submitted to the Third Party Agent in accordance with the Third Party Special Terms.\nThe Third Party Agent is responsible for the payment of any refund.\n(ix) If the User has any questions or requests in connection with subscription creation, subscription activation,\nsubscription termination or payment related issues, the User shall contact the customer service of Third Party\nAgent.\n(x) Any request submitted to HBO under GDPR to Anonymize or delete an account, will not terminate the User’s\nobligation to pay the subscription fee to the Third Party Agent. The subscription fee shall always be paid until the\nUser terminates its subscription via Third Party Agent in accordance with the Third Party Special Terms.\n(xi) If a User wishes to switch from a subscription to the Service via a Third Party Agent to a direct subscription\nwith HBO, the User must first terminate the subscription via the Third Party Agent and thereafter register again\ndirectly with HBO using a credit/debit card or other valid payment method. If a User wishes to switch from a direct\nsubscription with HBO to a subscription via a Third Party Agent, the User must first terminate direct subscription\nwith HBO and thereafter register again via the Third Party Agent. HBO will not monitor whether a User has one or\ntwo subscriptions and/or payment methods activated.\n(xii) Receipts or invoices are available via the Third Party Agent.\n(xiii) According to GDPR, the Third Party Agent acts a separate data controller regarding the data collected and\nstored by the Third Party Agent. All data subject requests in connection with data collected, stored or otherwise\nprocessed by the Third Party Agent must be submitted to the Third Party Agent.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Netflix","url":"https://help.netflix.com/legal/termsofuse","lang":"ENG","sector":"Video","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Paid","date":"01.01.2022"},"document":{"title":"","text":"Netflix Terms of Use\nNetflix provides a personalized subscription service that allows our members to access\nentertainment content (\"Netflix content\") over the Internet on certain Internet-connected\nTVs, computers and other devices (\"Netflix ready devices\").\nThese Terms of Use govern your use of our service. As used in these Terms of Use,\n\"Netflix service\", \"our service\" or \"the service\" means the personalized service provided\nby Netflix for discovering and accessing Netflix content, including all features and\nfunctionalities, recommendations and reviews, our websites, and user interfaces, as\nwell as all content and software associated with our service.\n1. Membership\n1.1. Your Netflix membership will continue until terminated. To use the Netflix\nservice you must have Internet access and a Netflix ready device, and provide us\nwith one or more Payment Methods. \"Payment Method\" means a current, valid,\naccepted method of payment, as may be updated from time to time, and which\nmay include payment through your account with a third party. Unless you cancel\nyour membership before your billing date, you authorize us to charge the\nmembership fee for the next billing cycle to your Payment Method (see\n\"Cancellation\" below).\n1.2. We may offer a number of membership plans, including memberships offered\nby third parties in conjunction with the provision of their own products and services.\nSome membership plans may have differing conditions and limitations, which will\nbe disclosed at your sign-up or in other communications made available to you.\nYou can find specific details regarding your Netflix membership by visiting the\nnetflix.com website and clicking on the \"Account\" link available at the top of the\npages under your profile name.\n\n2. Promotional Offers. We may from time to time offer special promotional offers,\nplans or memberships (“Offers”). Offer eligibility is determined by Netflix at its sole\ndiscretion and we reserve the right to revoke an Offer and put your account on hold\nin the event that we determine you are not eligible. Members of households with an\nexisting or recent Netflix membership may not be eligible for certain introductory\nOffers. We may use information such as device ID, method of payment or an\naccount email address used with an existing or recent Netflix membership to\ndetermine Offer eligibility. The eligibility requirements and other limitations and\nconditions will be disclosed when you sign-up for the Offer or in other\ncommunications made available to you.\n3. Billing and Cancellation\n3.1. Billing Cycle. The membership fee for the Netflix service will be charged to\nyour Payment Method on the specific payment date indicated on the \"Account\"\npage. The length of your billing cycle will depend on the type of subscription that\nyou choose when you signed up for the service. In some cases your payment date\nmay change, for example if your Payment Method has not successfully settled,\nwhen you change your subscription plan or if your paid membership began on a\nday not contained in a given month. Visit the netflix.com website and click on the\n\"Billing details\" link on the \"Account\" page to see your next payment date. If you\nsigned up for Netflix using your account with a third party as a Payment Method,\nyou can find the billing information about your Netflix membership by visiting your\naccount with the applicable third party.\n3.2. Payment Methods. To use the Netflix service you must provide one or more\nPayment Methods. You authorize us to charge any Payment Method associated to\nyour account in case your primary Payment Method is declined or no longer\navailable to us for payment of your subscription fee. You remain responsible for any\nuncollected amounts. If a payment is not successfully settled, due to expiration,\ninsufficient funds, or otherwise, and you do not cancel your account, we may\nsuspend your access to the service until we have successfully charged a valid\n\nPayment Method. For some Payment Methods, the issuer may charge you certain\nfees, such as foreign transaction fees or other fees relating to the processing of\nyour Payment Method. Local tax charges may vary depending on the Payment\nMethod used. Check with your Payment Method service provider for details.\n3.3. Updating your Payment Methods. You can update your Payment Methods by\ngoing to the \"Account\" page. We may also update your Payment Methods using\ninformation provided by the payment service providers. Following any update, you\nauthorize us to continue to charge the applicable Payment Method(s).\n3.4. Cancellation. You can cancel your Netflix membership at any time, and you will\ncontinue to have access to the Netflix service through the end of your billing\nperiod. Payments are non-refundable and we do not provide refunds or credits for\nany partial membership periods or unused Netflix content. To cancel, go to the\n\"Account\" page and follow the instructions for cancellation. If you cancel your\nmembership, your account will automatically close at the end of your current billing\nperiod. To see when your account will close, click \"Billing details\" on the \"Account\"\npage. If you signed up for Netflix using your account with a third party as a\nPayment Method and wish to cancel your Netflix membership, you may need to do\nso through such third party, for example by visiting your account with the\napplicable third party and turning off auto-renew, or unsubscribing from the Netflix\nservice through that third party.\n3.5. Changes to the Price and Subscription Plans. We may change our subscription\nplans and the price of our service from time to time; however, any price changes or\nchanges to your subscription plans will apply no earlier than 30 days following\nnotice to you.\n4. Netflix Service\n4.1. You must be at least 18 years of age to become a member of the Netflix\nservice. Minors may only use the service under the supervision of an adult.\n\n4.2. The Netflix service and any content accessed through the service are for your\npersonal and non-commercial use only and may not be shared with individuals\nbeyond your household. During your Netflix membership we grant you a limited,\nnon-exclusive, non-transferable right to access the Netflix service and Netflix\ncontent. Except for the foregoing, no right, title or interest shall be transferred to\nyou. You agree not to use the service for public performances.\n4.3. You may access the Netflix content primarily within the country in which you\nhave established your account and only in geographic locations where we offer our\nservice and have licensed such content. The content that may be available will\nvary by geographic location and will change from time to time. The number of\ndevices on which you may simultaneously watch depends on your chosen\nsubscription plan and is specified on the \"Account\" page.\n4.4. The Netflix service, including the content library, is regularly updated. In\naddition, we continually test various aspects of our service, including our websites,\nuser interfaces, promotional features and availability of Netflix content. You can turn\noff test participation at any time by visiting the \"Account\" page and changing the\n\"Test participation\" settings.\n4.5. Some Netflix content is available for temporary download and offline viewing\non certain supported devices (\"Offline Titles\"). Limitations apply, including\nrestrictions on the number of Offline Titles per account, the maximum number of\ndevices that can contain Offline Titles, the time period within which you will need to\nbegin viewing Offline Titles and how long the Offline Titles will remain accessible.\nSome Offline Titles may not be playable in certain countries and if you go online in\na country where you would not be able to stream that Offline Title, the Offline Title\nwill not be playable while you are in that country.\n4.6. You agree not to archive, reproduce, distribute, modify, display, perform,\npublish, license, create derivative works from, offer for sale, or use (except as\n\nexplicitly authorized in these Terms of Use) content and information contained on or\nobtained from or through the Netflix service. You also agree not to: circumvent,\nremove, alter, deactivate, degrade or thwart any of the content protections in the\nNetflix service; use any robot, spider, scraper or other automated means to access\nthe Netflix service; decompile, reverse engineer or disassemble any software or\nother products or processes accessible through the Netflix service; insert any code\nor product or manipulate the content of the Netflix service in any way; or use any\ndata mining, data gathering or extraction method. In addition, you agree not to\nupload, post, e-mail or otherwise send or transmit any material designed to\ninterrupt, destroy or limit the functionality of any computer software or hardware or\ntelecommunications equipment associated with the Netflix service, including any\nsoftware viruses or any other computer code, files or programs. We may terminate\nor restrict your use of our service if you violate these Terms of Use or are engaged\nin illegal or fraudulent use of the service.\n4.7. The quality of the display of the Netflix content may vary from device to device,\nand may be affected by a variety of factors, such as your location, the bandwidth\navailable through and/or speed of your Internet connection. HD, Ultra HD and HDR\navailability is subject to your Internet service and device capabilities. Not all\ncontent is available in all formats, such as HD, Ultra HD and HDR, and not all\nsubscription plans allow you to receive content in all formats. Default playback\nsettings on cellular networks exclude HD, Ultra HD and HDR content. The minimum\nconnection speed for SD quality is 1.0 Mbps; however, we recommend a faster\nconnection for improved video quality. A download speed of at least 3.0 Mbps per\nstream is recommended to receive HD content (defined as a resolution of 720p or\nhigher). A download speed of at least 15.0 Mbps per stream is recommended to\nreceive Ultra HD (defined as a resolution of 4K or higher). You are responsible for\nall Internet access charges. Please check with your Internet provider for\ninformation on possible Internet data usage charges. The time it takes to begin\nwatching Netflix content will vary based on a number of factors, including your\nlocation, available bandwidth at the time, the content you have selected and the\nconfiguration of your Netflix ready device.\n\n4.8. Netflix software is developed by, or for, Netflix and may solely be used for\nauthorized streaming and to access Netflix content through Netflix ready devices.\nThis software may vary by device and medium, and functionalities and features\nmay also differ between devices. You acknowledge that the use of the service may\nrequire third party software that is subject to third party licenses. You agree that\nyou may automatically receive updated versions of the Netflix software and related\nthird-party software.\n5. Passwords and Account Access. The member who created the Netflix account\nand whose Payment Method is charged (the \"Account Owner\") is responsible for\nany activity that occurs through the Netflix account. To maintain control over the\naccount and to prevent anyone from accessing the account (which would include\ninformation on viewing history for the account), the Account Owner should maintain\ncontrol over the Netflix ready devices that are used to access the service and not\nreveal the password or details of the Payment Method associated with the account\nto anyone. You are responsible for updating and maintaining the accuracy of the\ninformation you provide to us relating to your account. We can terminate your\naccount or place your account on hold in order to protect you, Netflix or our\npartners from identity theft or other fraudulent activity.\n6. Miscellaneous\n6.1. Governing Law. These Terms of Use shall be governed by and construed in\naccordance with the laws of the Netherlands. These terms will not limit any\nconsumer protection rights that you may be entitled to under the mandatory laws of\nyour country of residence.\n6.2. Unsolicited Materials. Netflix does not accept unsolicited materials or ideas for\nNetflix content, and is not responsible for the similarity of any of its content or\nprogramming in any media to materials or ideas transmitted to Netflix.\n\nLast Updated: January 1, 2022\n6.3. Customer Support. To find more information about our service and its features\nor if you need assistance with your account, please visit the Netflix Help Center,\nwhich is accessible through the netflix.com website. In certain instances, Customer\nService may best be able to assist you by using a remote access support tool\nthrough which we have full access to your computer. If you do not want us to have\nthis access, you should not consent to support through the remote access tool,\nand we will assist you through other means.\n6.4. Survival. If any provision or provisions of these Terms of Use shall be held to be\ninvalid, illegal, or unenforceable, the validity, legality and enforceability of the\nremaining provisions shall remain in full force and effect.\n6.5. Changes to Terms of Use. Netflix may, from time to time, change these Terms\nof Use. We will notify you at least 30 days before such changes apply to you.\n6.6. Electronic Communications. We will send you information relating to your\naccount (e.g. payment authorizations, invoices, changes in password or Payment\nMethod, confirmation messages, notices) in electronic form only, for example via\nemails to your email address provided during registration.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Twitch","url":"https://www.twitch.tv/p/en/legal/terms-of-service/","lang":"ENG","sector":"Video","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Optionally paid","date":"01.01.2021"},"document":{"title":"","text":"Last modified on 01/01/2021\nTerms of Service\n1. Introduction; Your Agreement to these Terms of Service\n2. Use of Twitch by Minors and Blocked Persons\n3. Privacy Notice\n4. Account\n5. Use of Devices and Services\n6. Modification of these Terms of Service\n7. License\n8. User Content\n9. Prohibited Conduct\n10. Respecting Copyright\n11. Trademarks\n12. Third-Party Content\n13. Idea Submission\n14. Termination\n15. Disputes\n16. Miscellaneous\n17. Requests for Information and How to Serve a Subpoena\n18. Specific Terms for Soundtrack by Twitch\n\n1. Introduction; Your Agreement to these Terms of\nService\nPLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A\nBINDING CONTRACT. Welcome to the services operated by Twitch\nInteractive, Inc. (collectively with its affiliates, “Twitch” or “We”)\nconsisting of the website available at https://www.twitch.tv, and its\nnetwork of websites, software applications, or any other products or\nservices offered by Twitch (the “Twitch Services”). Other services\noffered by Twitch may be subject to separate terms.\nWhen using the Twitch Services, you will be subject to\nTwitch’s Community Guidelines and additional guidelines or rules that\nare posted on the Twitch Services, made available to you, or\ndisclosed to you in connection with specific services and features.\nTwitch may also offer certain paid services, which are subject to\nthe Twitch Terms of Sale as well as any additional terms or conditions\nthat are disclosed to you in connection with such services. All such\nterms and guidelines (the “Guidelines”) are incorporated into these\nTerms of Service by reference.\nThe Terms of Service apply whether you are a user that registers an\naccount with the Twitch Services or an unregistered user. You agree\nthat by clicking “Sign Up” or otherwise registering, downloading,\naccessing, or using the Twitch Services, you are entering into a legally\nbinding agreement between you and Twitch regarding your use of the\nTwitch Services. You acknowledge that you have read, understood,\nand agree to be bound by these Terms of Service. If you do not agree\nto these Terms of Service, do not access or otherwise use any of the\nTwitch Services.\nWhen using Twitch or opening an account with Twitch on behalf of a\ncompany, entity, or organization (collectively, “Subscribing\nOrganization”), you represent and warrant that you: (i) are an\n\nauthorized representative of that Subscribing Organization with the\nauthority to bind that organization to these Terms of Service and grant\nthe licenses set forth herein; and (ii) agree to these Terms of Service\non behalf of such Subscribing Organization.\n2. Use of Twitch by Minors and Blocked Persons\nThe Twitch Services are not available to persons under the age of 13.\nIf you are between the ages of 13 and the age of legal majority in your\njurisdiction of residence, you may only use the Twitch Services under\nthe supervision of a parent or legal guardian who agrees to be bound\nby these Terms of Service.\nThe Twitch Services are also not available to any users previously\nremoved from the Twitch Services by Twitch or to any persons barred\nfrom receiving them under the laws of the United States (such as its\nexport and re-export restrictions and regulations) or applicable laws in\nany other jurisdiction.\nBY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE\nTWITCH SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13\nYEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN\nAGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU\nARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR\nJURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN\nPREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM\nRECEIVING THE TWITCH SERVICES.\n3. Privacy Notice\nYour privacy is important to Twitch. Please see our Privacy Notice for\ninformation relating to how we collect, use, and disclose your\npersonal information, and our Privacy Choices on how you can\nmanage your online privacy when you use the Twitch Services.\n4. Account\n\na. Account and Password\nIn order to open an account, you will be asked to provide us with\ncertain information such as an account name and password.\nYou are solely responsible for maintaining the confidentiality of your\naccount, your password and for restricting access to your computer.\nIf you permit others to use your account credentials, you agree to\nthese Terms of Service on behalf of all other persons who use the\nServices under your account or password, and you are responsible\nfor all activities that occur under your account or password. Please\nmake sure the information you provide to Twitch upon registration and\nat all other times is true, accurate, current, and complete to the best\nof your knowledge.\nUnless expressly permitted in writing by Twitch, you may not sell, rent,\nlease, share, or provide access to your account to anyone else,\nincluding without limitation, charging anyone for access to\nadministrative rights on your account. Twitch reserves all available\nlegal rights and remedies to prevent unauthorized use of the Twitch\nServices, including, but not limited to, technological barriers, IP\nmapping, and, in serious cases, directly contacting your Internet\nService Provider (ISP) regarding such unauthorized use.\nb. Third-Party Accounts\nTwitch may permit you to register for and log on to the Twitch\nServices via certain third-party services. The third party’s collection,\nuse, and disclosure of your information will be subject to that third-\nparty service’s privacy notice. Further information about how Twitch\ncollects, uses, and discloses your personal information when you link\nyour Twitch account with your account on any third-party service can\nbe found in our Privacy Notice.\n5. Use of Devices and Services\n\nAccess to the Twitch Services may require the use of your personal\ncomputer or mobile device, as well as communications with or use of\nspace on such devices. You are responsible for any Internet\nconnection or mobile fees and charges that you incur when accessing\nthe Twitch Services.\n6. Modification of these Terms of Service\nTwitch may amend any of the terms of these Terms of Service by\nposting the amended terms. Your continued use of the Twitch\nServices after the effective date of the revised Terms of Service\nconstitutes your acceptance of the terms.\nFor residents of the Republic of Korea, Twitch will provide reasonable\nprior notice regarding any material amendments to its Terms of\nService. All amendments shall become effective no sooner than 30\ncalendar days after posting; provided that any amendment regarding\nnewly available features of the Service, features of the Service that are\nbeneficial to the user, or changes made for legal reasons may become\neffective immediately.\n7. License\nThe Twitch Services are owned and operated by Twitch. Unless\notherwise indicated, all content, information, and other materials on\nthe Twitch Services (excluding User Content, set out in Section 8\nbelow), including, without limitation, Twitch’s trademarks and logos,\nthe visual interfaces, graphics, design, compilation, information,\nsoftware, computer code (including source code or object code),\nservices, text, pictures, information, data, sound files, other files, and\nthe selection and arrangement thereof (collectively, the “Materials”)\nare protected by relevant intellectual property and proprietary rights\nand laws. All Materials are the property of Twitch or its subsidiaries or\naffiliated companies and/or third-party licensors. Unless otherwise\nexpressly stated in writing by Twitch, by agreeing to these Terms of\n\nService you are granted a limited, non-sublicensable license (i.e., a\npersonal and limited right) to access and use the Twitch Services for\nyour personal use or internal business use only.\nTwitch reserves all rights not expressly granted in these Terms of\nService. This license is subject to these Terms of Service and does\nnot permit you to engage in any of the following: (a) resale or\ncommercial use of the Twitch Services or the Materials; (b)\ndistribution, public performance or public display of any Materials; (c)\nmodifying or otherwise making any derivative uses of the Twitch\nServices or the Materials, or any portion of them; (d) use of any data\nmining, robots, or similar data gathering or extraction methods; (e)\ndownloading (except page caching) of any portion of the Twitch\nServices, the Materials, or any information contained in them, except\nas expressly permitted on the Twitch Services; or (f) any use of the\nTwitch Services or the Materials except for their intended purposes.\nAny use of the Twitch Services or the Materials except as specifically\nauthorized in these Terms of Service, without the prior written\npermission of Twitch, is strictly prohibited and may violate intellectual\nproperty rights or other laws. Unless explicitly stated in these Terms of\nService, nothing in them shall be interpreted as conferring any license\nto intellectual property rights, whether by estoppel, implication, or\nother legal principles. Twitch can terminate this license as set out in\nSection 14.\n8. User Content\nTwitch allows you to distribute streaming live and pre-recorded audio-\nvisual works; to use services, such as chat, bulletin boards, forum\npostings, wiki contributions, and voice interactive services; and to\nparticipate in other activities in which you may create, post, transmit,\nperform, or store content, messages, text, sound, images,\napplications, code, or other data or materials on the Twitch Services\n(“User Content”).\n\na. License to Twitch\n(i) Unless otherwise agreed to in a written agreement between you\nand Twitch that was signed by an authorized representative of Twitch,\nif you submit, transmit, display, perform, post, or store User Content\nusing the Twitch Services, you grant Twitch and its sub-licensees, to\nthe furthest extent and for the maximum duration permitted by\napplicable law (including in perpetuity if permitted under applicable\nlaw), an unrestricted, worldwide, irrevocable, fully sub-licenseable,\nnonexclusive, and royalty-free right to: (a) use, reproduce, modify,\nadapt, publish, translate, create derivative works from, distribute,\nperform, and display such User Content (including without limitation\nfor promoting and redistributing part or all of the Twitch Services (and\nderivative works thereof) in any form, format, media, or media\nchannels now known or later developed or discovered; and (b) use the\nname, identity, likeness, and voice (or other biographical information)\nthat you submit in connection with such User Content. Should such\nUser Content contain the name, identity, likeness, and voice (or other\nbiographical information) of third parties, you represent and warrant\nthat you have obtained the appropriate consents and/or licenses for\nyour use of such features and that Twitch and its sub-licensees are\nallowed to use them to the extent indicated in these Terms of Service.\n(ii) With respect to User Content known as “add-ons”, “maps”,\n“mods”, or other types of projects submitted through\nCurseForge.com or related sites (the “Submitted Projects”), the rights\ngranted by you hereunder terminate once you remove or delete such\nSubmitted Projects from the Twitch Services. You also acknowledge\nthat Twitch may retain, but not display, distribute, or perform, server\ncopies of Submitted Projects that have been removed or deleted.\n(iii) With respect to streaming live and pre-recorded audio-visual\nworks, the rights granted by you hereunder terminate once you delete\nsuch User Content from the Twitch Services, or generally by closing\n\nyour account, except:(a) to the extent you shared it with others as part\nof the Twitch Services and others copied or stored portions of the\nUser Content (e.g., made a Clip); (b) Twitch used it for promotional\npurposes; and (c) for the reasonable time it takes to remove from\nbackup and other systems.\nb. User Content Representations and Warranties\nYou are solely responsible for your User Content and the\nconsequences of posting or publishing it. You represent and warrant\nthat: (1) you are the creator or own or control all right in and to the\nUser Content or otherwise have sufficient rights and authority to grant\nthe rights granted herein; (2) your User Content does not and will not:\n(a) infringe, violate, or misappropriate any third-party right, including\nany copyright, trademark, patent, trade secret, moral right, privacy\nright, right of publicity, or any other intellectual property or proprietary\nright, or (b) defame any other person; (3) your User Content does not\ncontain any viruses, adware, spyware, worms, or other harmful or\nmalicious code; and (4) unless you have received prior written\nauthorization, your User Content specifically does not contain any\npre-release or non-public beta software or game content or any\nconfidential information of Twitch or third parties. Twitch reserves all\nrights and remedies against any users who breach these\nrepresentations and warranties.\nc. Content is Uploaded at Your Own Risk\nTwitch uses reasonable security measures in order to attempt to\nprotect User Content against unauthorized copying and distribution.\nHowever, Twitch does not guarantee that any unauthorized copying,\nuse, or distribution of User Content by third parties will not take place.\nTo the furthest extent permitted by applicable law, you hereby agree\nthat Twitch shall not be liable for any unauthorized copying, use, or\ndistribution of User Content by third parties and release and forever\n\nwaive any claims you may have against Twitch for any such\nunauthorized copying or usage of the User Content, under any theory.\nTHE SECURITY MEASURES TO PROTECT USER CONTENT USED\nBY TWITCH HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH\nNO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR\nOTHER TERMS THAT SUCH SECURITY MEASURES WILL\nWITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR\nTHAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER\nCIRCUMVENTION OF SUCH SECURITY MEASURES.\nd. Promotions\nUsers may promote, administer, or conduct a promotion (e.g., a\ncontest or sweepstakes) on, through, or utilizing the Twitch Services\n(a “Promotion”). If you choose to promote, administer, or conduct a\nPromotion, you must adhere to the following rules: (1) You may carry\nout Promotions to the extent permitted by applicable law and you are\nsolely responsible for ensuring that any Promotions comply with any\nand all applicable laws, obligations, and restrictions; (2) You will be\nclassified as the promoter of your Promotion in the applicable\njurisdiction(s) and you will be solely responsible for all aspects of and\nexpenses related to your Promotion, including without limitation the\nexecution, administration, and operation of the Promotion; drafting\nand posting any official rules; selecting winners; issuing prizes; and\nobtaining all necessary third-party permissions and approvals,\nincluding without limitation filing any and all necessary registrations\nand bonds. Twitch has the right to remove your Promotion from the\nTwitch Services if Twitch reasonably believes that your Promotion\ndoes not comply with the Terms of Service or applicable law; (3)\nTwitch is not responsible for and does not endorse or support any\nsuch Promotions. You may not indicate that Twitch is a sponsor or co-\nsponsor of the Promotion; and (4) You will display or read out the\nfollowing disclaimer when promoting, administering, or conducting a\n\nPromotion: “This is a promotion by [Your Name]. Twitch does not\nsponsor or endorse this promotion and is not responsible for it.”.\ne. Endorsements/Testimonials\nYou agree that your User Content will comply with the\nFTC’s Guidelines Concerning the Use of Testimonials and\nEndorsements in Advertising, the FTC’s Disclosures Guide, the\nFTC’s Native Advertising Guidelines, and any other guidelines issued\nby the FTC from time to time (the “FTC Guidelines”), as well as any\nother advertising guidelines required under applicable law. For\nexample, if you have been paid or provided with free products in\nexchange for discussing or promoting a product or service through\nthe Twitch Services, or if you are an employee of a company and you\ndecide to discuss or promote that company’s products or services\nthrough the Twitch Services, you agree to comply with the FTC\nGuidelines’ requirements for disclosing such relationships. You, and\nnot Twitch, are solely responsible for any endorsements or\ntestimonials you make regarding any product or service through the\nTwitch Services.\nf. Political Activity\nSubject to these Terms of Service and the Community Guidelines, you\nmay share political opinions; participate in political activity; provide\nlinks to a political committee’s official website, including the\ncontribution page of a political committee; and solicit viewers to make\ncontributions directly to a political committee. You agree, however,\nthat these activities are entirely your own. Moreover, by engaging in\nthese activities, you represent and warrant that you are eligible to\nengage in them under applicable law, and that you will abide by all\nrelevant laws and regulations while doing so.\nYou agree not to solicit the use of or use any Twitch monetization tool\n(e.g., Bits or subscriptions) for the purpose of making or delivering a\n\ncontribution to a candidate, candidate’s committee, political action\ncommittee, ballot committee, or any other campaign committee, or\notherwise for the purpose of influencing any election. Candidates for\npolitical office are not eligible to use any Twitch monetization tool on\ntheir channels.\n9. Prohibited Conduct\nYOU AGREE NOT TO violate any law, contract, intellectual property,\nor other third-party right; not to commit a tort, and that you are solely\nresponsible for your conduct while on the Twitch Services.\nYou agree that you will comply with these Terms of Service and\nTwitch’s Community Guidelines and will not:\ni. create, upload, transmit, distribute, or store any content that is\ninaccurate, unlawful, infringing, defamatory, obscene, pornographic,\ninvasive of privacy or publicity rights, harassing, threatening, abusive,\ninflammatory, or otherwise objectionable;\nii. impersonate any person or entity; falsely claim an affiliation with\nany person or entity; access the Twitch Services accounts of others\nwithout permission; forge another person’s digital signature;\nmisrepresent the source, identity, or content of information\ntransmitted via the Twitch Services; or perform any other similar\nfraudulent activity;\niii. send junk mail or spam to users of the Twitch Services, including\nwithout limitation unsolicited advertising, promotional materials, or\nother solicitation material; bulk mailing of commercial advertising,\nchain mail, informational announcements, charity requests, petitions\nfor signatures, or any of the preceding things related to promotional\ngiveaways (such as raffles and contests); and other similar activities;\niv. harvest or collect email addresses or other contact information of\nother users from the Twitch Services;\n\nv. defame, harass, abuse, threaten, or defraud users of the Twitch\nServices, or collect or attempt to collect, personal information about\nusers or third parties without their consent;\nvi. delete, remove, circumvent, disable, damage, or otherwise interfere\nwith (a) security-related features of the Twitch Services or User\nContent, (b) features that prevent or restrict use or copying of any\ncontent accessible through the Twitch Services, (c) features that\nenforce limitations on the use of the Twitch Services or User Content,\nor (d) the copyright or other proprietary rights notices on the Twitch\nServices or User Content;\nvii. reverse engineer, decompile, disassemble, or otherwise attempt to\ndiscover the source code of the Twitch Services or any part thereof,\nexcept and only to the extent that this activity is expressly permitted\nby the law of your jurisdiction of residence;\nviii. modify, adapt, translate, or create derivative works based upon\nthe Twitch Services or any part thereof, except and only to the extent\nthat such activity is expressly permitted by applicable law\nnotwithstanding this limitation;\nix. interfere with or damage the operation of the Twitch Services or\nany user’s enjoyment of them, by any means, including uploading or\notherwise disseminating viruses, adware, spyware, worms, or other\nmalicious code;\nx. relay email from a third party’s mail servers without the permission\nof that third party;\nxi. access any website, server, software application, or other\ncomputer resource owned, used, and/or licensed by Twitch, including\nbut not limited to the Twitch Services, by means of any robot, spider,\nscraper, crawler, or other automated means for any purpose, or\nbypass any measures Twitch may use to prevent or restrict access to\n\nany website, server, software application, or other computer resource\nowned, used, and/or licensed by Twitch, including but not limited to\nthe Twitch Services;\nxii. manipulate identifiers in order to disguise the origin of any User\nContent transmitted through the Twitch Services;\nxiii. interfere with or disrupt the Twitch Services or servers or networks\nconnected to the Twitch Services, or disobey any requirements,\nprocedures, policies, or regulations of networks connected to the\nTwitch Services; use the Twitch Services in any manner that could\ninterfere with, disrupt, negatively affect, or inhibit other users from\nfully enjoying the Twitch Services, or that could damage, disable,\noverburden, or impair the functioning of the Twitch Services in any\nmanner;\nxiv. use or attempt to use another user’s account without\nauthorization from that user and Twitch;\nxv. attempt to circumvent any content filtering techniques we employ,\nor attempt to access any service or area of the Twitch Services that\nyou are not authorized to access;\nxvi. attempt to indicate in any manner, without our prior written\npermission, that you have a relationship with us or that we have\nendorsed you or any products or services for any purpose; and\nxvii. use the Twitch Services for any illegal purpose, or in violation of\nany local, state, national, or international law or regulation, including\nwithout limitation laws governing intellectual property and other\nproprietary rights, data protection, and privacy.\nTo the extent permitted by applicable law, Twitch takes no\nresponsibility and assumes no liability for any User Content or for any\nloss or damage resulting therefrom, nor is Twitch liable for any\nmistakes, defamation, slander, libel, omissions, falsehoods, obscenity,\n\npornography, or profanity you may encounter when using the Twitch\nServices. Your use of the Twitch Services is at your own risk. In\naddition, these rules do not create any private right of action on the\npart of any third party or any reasonable expectation that the Twitch\nServices will not contain any content that is prohibited by such rules.\nTwitch is not liable for any statements or representations included in\nUser Content. Twitch does not endorse any User Content, opinion,\nrecommendation, or advice expressed therein, and Twitch expressly\ndisclaims any and all liability in connection with User Content. To the\nfullest extent permitted by applicable law, Twitch reserves the right to\nremove, screen, or edit any User Content posted or stored on the\nTwitch Services at any time and without notice, including where such\nUser Content violates these Terms of Service or applicable law, and\nyou are solely responsible for creating backup copies of and replacing\nany User Content you post or store on the Twitch Services at your\nsole cost and expense. Any use of the Twitch Services in violation of\nthe foregoing violates these Terms of Service and may result in,\namong other things, termination or suspension of your rights to use\nthe Twitch Services.\nFor Residents of the Republic of Korea, except in the case where\nTwitch reasonably considers that giving notice is legally prohibited (for\ninstance, when providing notice would either (i) violate applicable\nlaws, regulations, or orders from regulatory authorities or (ii)\ncompromise an ongoing investigation conducted by a regulatory\nauthority) or that any notice may cause harm to you, third parties,\nTwitch, and/or its affiliates (for instance, when providing notice harms\nthe security of the Twitch Services), Twitch will without delay notify\nyou of the reason for taking the relevant step.\n10. Respecting Copyright\n\nTwitch respects the intellectual property of others and follows the\nrequirements set forth in the Digital Millennium Copyright Act\n(“DMCA”) and other applicable laws. If you are the copyright owner or\nagent thereof and believe that content posted on the Twitch Services\ninfringes upon your copyright, please submit a notice following\nour DMCA Guidelines, which include further information about our\npolicies, what to include in your notice, and where to submit your\nnotice.\n11. Trademarks\nTWITCH, the Twitch logos, and any other product or service name,\nlogo, or slogan used by Twitch, and the look and feel of the Twitch\nServices, including all page headers, custom graphics, button icons,\nand scripts, are trademarks or trade dress of Twitch, and may not be\nused in whole or in part in connection with any product or service that\nis not Twitch’s, in any manner that is likely to cause confusion among\ncustomers, or in any manner that disparages or discredits Twitch,\nwithout our prior written permission. Any use of these trademarks\nmust be in accordance with the Twitch Trademark Guidelines.\nAll other trademarks referenced in the Twitch Services are the\nproperty of their respective owners. Reference on the Twitch Services\nto any products, services, processes, or other information by trade\nname, trademark, manufacturer, supplier, or otherwise does not\nconstitute or imply endorsement, sponsorship, or recommendation\nthereof by us or any other affiliation.\n12. Third-Party Content\nIn addition to the User Content, Twitch may provide other third-party\ncontent on the Twitch Services (collectively, the “Third-Party\nContent”). Twitch does not control or endorse any Third-Party Content\nand makes no representation or warranties of any kind regarding the\nThird-Party Content, including without limitation regarding its\n\naccuracy or completeness. Please be aware that we do not create\nThird-Party Content, update, or monitor it. Therefore we are not\nresponsible for any Third-Party Content on the Twitch Services.\nYou are responsible for deciding if you want to access or use third-\nparty websites or applications that link from the Twitch Services (the\n“Reference Sites”). Twitch does not control or endorse any such\nReference Sites or the information, materials, products, or services\ncontained on or accessible through Reference Sites, and makes no\nrepresentations or warranties of any kind regarding the Reference\nSites. In addition, your correspondence or business dealings with, or\nparticipation in promotions of, advertisers found on or through the\nTwitch Services are solely between you and such advertiser. Access\nand use of Reference Sites, including the information, materials,\nproducts, and services on or available through Reference Sites is\nsolely at your own risk.\n13. Idea Submission\nBy submitting ideas, suggestions, documents, and/or proposals (the\n“Submissions”) to Twitch or its employees, you acknowledge and\nagree that Twitch shall be entitled to use or disclose such\nSubmissions for any purpose in any way without providing\ncompensation or credit to you.\n14. Termination\nTo the fullest extent permitted by applicable law, Twitch reserves the\nright, without notice and in our sole discretion, to terminate your\nlicense to use the Twitch Services (including to post User Content)\nand to block or prevent your future access to and use of the Twitch\nServices, including where we reasonably consider that: (a) your use of\nthe Twitch Services violates these Terms of Service or applicable law;\n(b) you fraudulently use or misuse the Twitch Services; or (c) we are\nunable to continue providing the Twitch Services to you due to\n\ntechnical or legitimate business reasons. Our right to terminate your\nlicense includes the ability to terminate or to suspend your access to\nany purchased products or services, including any subscriptions,\nPrime Gaming, or Turbo accounts. To the fullest extent permitted by\napplicable law, your only remedy with respect to any dissatisfaction\nwith: (i) the Twitch Services, (ii) any term of these Terms of Service, (iii)\nany policy or practice of Twitch in operating the Twitch Services, or (iv)\nany content or information transmitted through the Twitch Services, is\nto terminate your account and to discontinue use of any and all parts\nof the Twitch Services.\nFor residents of the Republic of Korea, except in the case where\nTwitch reasonably considers that giving notice is legally prohibited (for\ninstance, when providing notice would either (i) violate applicable\nlaws, regulations, or orders from regulatory authorities or (ii)\ncompromise an ongoing investigation conducted by a regulatory\nauthority) or that any notice may cause harm to you, third parties,\nTwitch, and/or its affiliates (for instance, when providing notice harms\nthe security of the Twitch Services), Twitch will without delay notify\nyou of the reason for taking the relevant step.\n15. Disputes\na. Indemnification\nTo the fullest extent permitted by applicable law, you agree to\nindemnify, defend, and hold harmless Twitch, its affiliated companies,\nand each of our respective contractors, employees, officers, directors,\nagents, third-party suppliers, licensors, and partners (individually and\ncollectively, the “Twitch Parties”) from any claims, losses, damages,\ndemands, expenses, costs, and liabilities, including legal fees and\nexpenses, arising out of or related to your access, use, or misuse of\nthe Twitch Services, any User Content you post, store, or otherwise\ntransmit in or through the Twitch Services, your violation of the rights\n\nof any third party, any violation by you of these Terms of Service, or\nany breach of the representations, warranties, and covenants made\nby you herein. You agree to promptly notify the Twitch Parties of any\nthird-party claim, and Twitch reserves the right, at your expense, to\nassume the exclusive defense and control of any matter for which you\nare required to indemnify Twitch, and you agree to cooperate with\nTwitch’s defense of these claims. Twitch will use reasonable efforts to\nnotify you of any such claim, action, or proceeding upon becoming\naware of it.\nb. Disclaimers; No Warranties\nTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A)\nTHE TWITCH SERVICES AND THE CONTENT AND MATERIALS\nCONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS\nWITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR\nIMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY\nIN WRITING BY TWITCH; (B) THE TWITCH PARTIES DISCLAIM ALL\nOTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED,\nINCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,\nTITLE, AND NON-INFRINGEMENT AS TO THE TWITCH SERVICES,\nINCLUDING ANY INFORMATION, CONTENT, OR MATERIALS\nCONTAINED THEREIN; (C) TWITCH DOES NOT REPRESENT OR\nWARRANT THAT THE CONTENT OR MATERIALS ON THE TWITCH\nSERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR\nERROR-FREE; (D) TWITCH IS NOT RESPONSIBLE FOR\nTYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR\nPHOTOGRAPHY; AND (E) WHILE TWITCH ATTEMPTS TO MAKE\nYOUR ACCESS AND USE OF THE TWITCH SERVICES SAFE,\nTWITCH CANNOT AND DOES NOT REPRESENT OR WARRANT\nTHAT THE TWITCH SERVICES OR OUR SERVER(S) ARE FREE OF\nVIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE,\n\nYOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO\nDETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO\nADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,\nOBTAINED BY YOU FROM TWITCH OR THROUGH THE TWITCH\nSERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY\nSTATED HEREIN.\nc. Limitation of Liability and Damages\ni. Limitation of Liability\nTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN\nNO EVENT SHALL TWITCH OR THE TWITCH PARTIES BE LIABLE\nFOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL\nDAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING\nBUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS\nOF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT\n(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,\nARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF\nOR INABILITY TO USE THE TWITCH SERVICES, THE CONTENT OR\nTHE MATERIALS, INCLUDING WITHOUT LIMITATION ANY\nDAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY\nINFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM\nMISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR\nEMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR\nTRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER\nOR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS\nFAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO\nTWITCH’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO\nEVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER\nIN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,\nWHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY,\nSTRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR\nRELATING TO THE USE OF OR INABILITY TO USE THE TWITCH\n\nSERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR\nACCESSING THE TWITCH SERVICES DURING THE TWELVE (12)\nMONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR\nONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE\nEXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH\nLIABILITY, TWITCH SHALL LIMIT ITS LIABILITY TO THE FULL\nEXTENT ALLOWED BY APPLICABLE LAW.\nii. Reference Sites\nTHESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO\nDAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS\nOR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR\nOTHERWISE BY THIRD PARTIES OTHER THAN TWITCH AND\nRECEIVED THROUGH OR ADVERTISED ON THE TWITCH SERVICES\nOR RECEIVED THROUGH ANY REFERENCE SITES.\niii. Basis of the Bargain\nYOU ACKNOWLEDGE AND AGREE THAT TWITCH HAS OFFERED\nTHE TWITCH SERVICES, USER CONTENT, MATERIALS, AND OTHER\nCONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED\nINTO THESE TERMS OF SERVICE IN RELIANCE UPON THE\nWARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET\nFORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND\nLIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A\nREASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU\nAND TWITCH, AND THAT THE WARRANTY DISCLAIMERS AND\nLIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN\nESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TWITCH.\nTWITCH WOULD NOT BE ABLE TO PROVIDE THE TWITCH\nSERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS\nWITHOUT THESE LIMITATIONS.\nd. Applicable Law and Venue\n\n(i) To the fullest extent permitted by applicable law, you and Twitch\nagree that if you are a Subscribing Organization or a consumer\nresident of a jurisdiction other than those in (ii) below, the following\ngoverning law and arbitration provision applies:\nPLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT\nREQUIRES YOU TO ARBITRATE DISPUTES WITH TWITCH AND\nLIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM\nTWITCH.\nYou and Twitch agree to arbitrate any dispute arising from these\nTerms of Service or your use of the Twitch Services, except that you\nand Twitch are not required to arbitrate any dispute in which either\nparty seeks equitable and other relief for the alleged unlawful use of\ncopyrights, trademarks, trade names, logos, trade secrets, or patents.\nARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM\nHAVING A JURY TRIAL. You and Twitch agree that you will notify each\nother in writing of any dispute within thirty (30) days of when it arises.\nNotice to Twitch shall be sent to: Twitch Interactive, Inc., Attn: Legal,\n350 Bush Street, 2nd Floor, San Francisco, CA 94104. You and Twitch\nfurther agree: to attempt informal resolution prior to any demand for\narbitration; that any arbitration will occur in Santa Clara County,\nCalifornia; that arbitration will be conducted confidentially by a single\narbitrator in accordance with the rules of JAMS; and that the state or\nfederal courts in Santa Clara County, California have exclusive\njurisdiction over any appeals of an arbitration award and over any suit\nbetween the parties not subject to arbitration. Other than class\nprocedures and remedies discussed below, the arbitrator has the\nauthority to grant any remedy that would otherwise be available in\ncourt. Any dispute between the parties will be governed by this\nAgreement and the laws of the State of California and applicable\nUnited States law, without giving effect to any conflict of laws\nprinciples that may provide for the application of the law of another\n\njurisdiction. Whether the dispute is heard in arbitration or in court, you\nand Twitch will not commence against the other a class action, class\narbitration, or other representative action or proceeding.\n(ii) If you are a resident in any jurisdiction in which the provision in the\nsection above is found to be unenforceable, then any disputes,\nclaims, or causes of action arising out of or in connection with these\nTerms of Service will be governed by and construed under the laws of\nyour jurisdiction of residence, and shall be resolved by competent civil\ncourts within your jurisdiction of residence.\ne. Claims\nYOU AND TWITCH AGREE THAT ANY CAUSE OF ACTION ARISING\nOUT OF OR RELATED TO THE TWITCH SERVICES MUST\nCOMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION\nACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS\nPERMANENTLY BARRED.\n16. Miscellaneous\na. Waiver\nIf we fail to exercise or enforce any right or provision of these Terms of\nService, it will not constitute a waiver of such right or provision. Any\nwaiver of any provision of these Terms of Service will be effective only\nif in writing and signed by the relevant party.\nb. Severability\nIf any provision of these Terms of Service is held to be unlawful, void,\nor for any reason unenforceable, then that provision will be limited or\neliminated from these Terms of Service to the minimum extent\nnecessary and will not affect the validity and enforceability of any\nremaining provisions.\nc. Assignment\n\nThese Terms of Service, and any rights and licenses granted\nhereunder, may not be transferred or assigned by you, but may be\nassigned by Twitch without restriction. Any assignment attempted to\nbe made in violation of this Terms of Service shall be void.\nd. Survival\nUpon termination of these Terms of Service, any provision which, by\nits nature or express terms should survive, will survive such\ntermination or expiration, including, but not limited to, Sections 7, 8,\n11, 12, and 15-17.\ne. Entire Agreement\nThe Terms of Service, which incorporate the Terms of Sale and the\nCommunity Guidelines, is the entire agreement between you and\nTwitch relating to the subject matter herein and will not be modified\nexcept by a writing signed by authorized representatives of both\nparties, or by a change to these Terms of Service made by Twitch as\nset forth in Section 6 above.\n17. Requests for Information and How to Serve a\nSubpoena\nAll requests for information or documents related to potential,\nanticipated, or current legal proceedings, investigations, or disputes\nmust be made using the appropriate level of legal process, and must\nbe properly served on Twitch via the Corporation Service Company\n(CSC), Twitch’s national registered agent. Please find below the\nCalifornia address for CSC (the CSC office in your jurisdiction may be\nlocated through the Secretary of State’s website):\nTwitch Interactive, Inc.\nc/o Corporation Service Company\n2710 Gateway Oaks Drive, Suite 150N\nSacramento, CA 95833\n\nPlease note that Twitch does not accept requests for information or\ndocuments, or service of process, via e-mail or fax and will not\nrespond to such requests. All requests must include the information\nyou may have that will help us identify the relevant records\n(particularly, the Twitch Service at issue, e.g., www.twitch.tv, and the\nusername at issue, e.g., the Twitch username:\nhttp://www.twitch.tv/username), the specific information requested,\nand its relationship to your investigation. Please also note that limiting\nyour request to the relevant records (e.g., a limited time period) will\nfacilitate efficient processing of your request.\nThe Twitch Services are offered by Twitch Interactive, Inc., located at:\n350 Bush Street, 2nd Floor, San Francisco, CA 94104 and email:\[email protected]. If you are a California resident, you may have this\nsame information emailed to you by sending a letter to the foregoing\naddress with your email address and a request for this information.\n18. Specific Terms for Soundtrack by Twitch\nSoundtrack by Twitch (“Soundtrack”), which is part of the Twitch\nServices, is a streamer tool designed to give creators the ability to\nplay licensed music in the background of their live streams and\nupload on-demand videos of those live streams that do not include\nsuch music. By downloading, installing, and/or otherwise using\nSoundtrack, you agree that your download, installation, and/or use of\nSoundtrack will be governed by these Terms of Service.\nTwitch’s Community Guidelines and Music Guidelines apply as well,\nand we recommend that you review both resources prior to using\nSoundtrack.\nSoundtrack was borne out of Twitch’s desire to offer creators a wide\nvariety of licensed music for live streaming. To make this possible,\nTwitch secured licenses with many different rights holders and\ncontinues to do so in order to add new tracks to Soundtrack’s\n\nstations and playlists. Twitch also designed Soundtrack to give\ncreators the ability to generate on-demand videos of their live streams\nthat do not include this music.\nThe licenses Twitch secured allow Twitch to make these materials\navailable to you for your use in live streams on your Twitch channel.\nMusic and other materials made available through Soundtrack have\nnot been licensed for your use in pre-recorded content, in content\nthat can be streamed on-demand (such as VODs and Clips), or\noutside the Twitch Services. What this means is that you may not:\nCreate on-demand content containing materials from Soundtrack –\nwe have designed Soundtrack with this restriction in mind, and\nproper setup will allow you to create and use music-free on-\ndemand videos of live streams that include Soundtrack music; or\nLive stream content that includes music or other materials from\nSoundtrack outside the Twitch Services.\nDoing any of the above may subject you to a notice of alleged\ninfringement from rights holders and their agents.\nLast, we want to alert you to the fact that music rights tend to evolve\nover time. Thus, we reserve the right to modify or remove certain\nsongs or other content from Soundtrack at any time (for example, as\nnecessary to comply with our music licenses or with applicable laws).\nTwitch takes no responsibility and assumes no liability in connection\nwith your use of Soundtrack.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"YouTube","url":"https://www.youtube.com/t/terms","lang":"ENG","sector":"Video","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"05.01.2022"},"document":{"title":"","text":"Terms of Service\nWhat’s in these Terms?\nThis index is designed to help you navigate our Terms of Service (Terms). We hope this serves\nas a useful guide, but please ensure you read the Terms in full.\nWelcome to YouTube!\nThis section outlines our relationship with you. It includes a description of the Service, defines\nour Agreement, and names your service provider.\nWho May Use the Service?\nThis section sets out certain requirements for use of the Service, and defines categories of\nusers.\nYour Use of the Service\nThis section explains your rights to use the Service, and the conditions that apply to your use of\nthe Service. It also explains how we may make changes to the Service.\nYour Content and Conduct\nThis section applies to users who provide Content to the Service. It defines the scope of the\npermissions that you grant by uploading your Content, and includes your agreement not to\nupload anything that infringes on anyone else’s rights. \nAccount Suspension and Termination\nThis section explains how you and YouTube may terminate this relationship.\nAbout Software in our Service\nThis section includes details about software on the Service.\nOther Legal Terms\nThis section includes our service commitment to you. It also explains that there are some things\nwe will not be responsible for.\nAbout this Agreement\n\nThis section includes some further important details about our contract, including what to\nexpect if we need to make changes to these Terms; or which law applies to them.\nTerms of Service\nDated: January 5, 2022\nEnglish Courtesy Translation\nTERMS OF SERVICE\nWelcome to YouTube!\nIntroduction\nThank you for using the YouTube platform and the products, services and features we make\navailable to you as part of the platform (collectively, the “Service”). \nOur Service\nThe Service allows you to discover, watch and share videos and other content, provides a forum\nfor people to connect, inform, and inspire others across the globe, and acts as a distribution\nplatform for original content creators and advertisers large and small. We provide lots of\ninformation about our products and how to use them in our Help Center. Amongst other things, you\ncan find out about YouTube Kids, the YouTube Partner Program and YouTube Paid Memberships\nand Purchases. You can also read all about enjoying content on other devices like your television,\nyour games console, or even Google Home.\nYour Service Provider\nThe entity providing the Service in the European Economic Area and Switzerland is Google Ireland\nLimited, a company incorporated and operating under the laws of Ireland, (Registered Number:\n368047), located at Gordon House, Barrow Street, Dublin 4, Ireland (referred to as “YouTube”,\n“we”, “us”, or “our”). References to YouTube’s “Affiliates” in these terms means the other\ncompanies within the Alphabet Inc. corporate group.\nApplicable Terms\nYour use of the Service is subject to these terms, the YouTube Community Guidelines and\nthe Policy, Safety and Copyright Policies (together, the \"Agreement\"). Your Agreement with us will\nalso include the Advertising on YouTube Policies if you provide advertising or sponsorships to the\nService or incorporate paid promotions in your Content.\n\nPlease read this Agreement carefully and make sure you understand it. If you do not understand\nthe Agreement, or do not accept any part of it, then you may not use the Service.\nWho may use the Service?\nAge Requirements\nYou may use the Service if you are at least 16 years old; however, children of all ages may use the\nService and YouTube Kids (where available) if enabled by a parent or legal guardian.\nPermission by Parent or Guardian\nIf you are under 18, you must have your parent or legal guardian’s permission to use the Service.\nPlease have them read this Agreement with you.\nIf you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the\nService, you are subject to the terms of this Agreement and responsible for your child’s activity on\nthe Service. You can find tools and resources to help you manage your family’s experience on\nYouTube (including how to enable a child under the age of 16 to use the Service and YouTube\nKids) in our Help Center and through Google’s Family Link.\nBusinesses\nIf you are using the Service on behalf of a company or organisation, you confirm to us that you\nhave authority to act on behalf of that entity, and that entity accepts this Agreement.\nYour Use of the Service\nContent on the Service\nThe content on the Service includes videos, audio (for example music and other sounds), graphics,\nphotos, text (such as comments and scripts), branding (including trade names, trademarks, service\nmarks, or logos), interactive features, software, metrics, and other materials (collectively,\n\"Content”). Content may be provided to the Service and distributed by our users and YouTube is a\nprovider of hosting services for such Content. Content is the responsibility of the person or entity\nthat provides it to the Service. If you see any Content you believe does not comply with these\nterms, such as by violating the Community Guidelines or the law, you can report it to us.\nGoogle Accounts and YouTube Channels\nYou can use parts of the Service, such as browsing and searching for Content, without having\na Google account. However, you do need a Google account to use some features. With a Google\naccount, you may be able to like videos, subscribe to channels, create your own YouTube channel,\nand more. You can follow these instructions to create a Google account.\n\nCreating a YouTube channel will give you access to additional features and functions, such as\nuploading videos, making comments or creating playlists. Here are some details about how\nto create your own YouTube channel.\nTo protect your Google account, keep your password confidential. You should not reuse your\nGoogle account password on third-party applications. Learn more about keeping your Google\naccount secure, including what to do if you learn of any unauthorised use of your password or\nGoogle account.\nYour Information\nOur Privacy Policy explains how we treat your personal data and protect your privacy when you\nuse the Service. The YouTube Kids Privacy Notice provides additional information about our\nprivacy practices that are specific to YouTube Kids.\nWe will process any audio or audiovisual content uploaded by you to the Service in accordance\nwith the YouTube Data Processing Terms, except in cases where you uploaded such content for\npersonal purposes or household activities. Learn More.\nPermissions and Restrictions\nYou may access and use the Service as made available to you, as long as you comply with this\nAgreement and the law. You may view or listen to Content for your personal, non-commercial use.\nYou may also show YouTube videos through the embeddable YouTube player.\nThe following restrictions apply to your use of the Service. You are not allowed to:\n1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter,\nmodify or otherwise use any part of the Service or any Content except: (a) as specifically\npermitted by the Service; (b) with prior written permission from YouTube and, if applicable, the\nrespective rights holders; or (c) as permitted by applicable law;\n2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to\ndo any of these things), including security-related features or features that: (a) prevent or\nrestrict the copying or other use of Content; or (b) limit the use of the Service or Content;\n3. access the Service using any automated means (such as robots, botnets or scrapers) except:\n(a) in the case of public search engines, in accordance with YouTube’s robots.txt file; (b) with\nYouTube’s prior written permission; or (c) as permitted by applicable law;\n4. collect or use any information that might identify a person (for example, harvesting\nusernames or faces), unless permitted by that person or allowed under section 3 above;\n5. use the Service to distribute unsolicited promotional or commercial content or other unwanted\nor mass solicitations (spam);\n\n6. cause or encourage any inaccurate measurements of genuine user engagement with the\nService, including by paying people or providing them with incentives to increase a video’s\nviews, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate\nmetrics;\n7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making\ngroundless, vexatious, or frivolous submissions;\n8. run contests on or through the Service that do not comply with YouTube’s contest policies and\nguidelines;\n9. use the Service to view or listen to Content other than for personal, non-commercial use (for\nexample, you may not publicly screen videos or stream music from the Service); or\n10. use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or\nwithin the Service or Content, other than those allowed in the Advertising on YouTube policies\n(such as compliant product placements); or (b) sell advertising, sponsorships, or promotions\non any page of any website or application that only contains Content from the Service or\nwhere Content from the Service is the primary basis for such sales (for example, selling ads\non a webpage where YouTube videos are the only content of value).\nReservation\nAny right not expressly granted to you in this Agreement remains the right of YouTube or the\nrespective rights holders. This means, for example, that using the Service does not give you\nownership of any intellectual property rights in the Content you access (including any branding\nused on or displayed in the Service).\nDevelop, Improve and Update the Service\nYouTube is constantly changing and improving the Service. As part of this continual evolution of\nour digital content and services, we may make modifications or changes (to all or part of the\nService) such as adding or removing features and functionalities, offering new digital content or\nservices or discontinuing old ones. We may also change the Service for these other reasons:\nto adapt to new technologies\nto reflect increases or decreases in the number of people who use a particular product, service\nor feature\nto respond to key changes in the licences and partnerships we have with others\nto prevent abuse or harm\nto address legal, regulatory, safety or security issues.\nIn particular, we sometimes make legally-required updates, which are modifications that keep\ndigital content, services or goods in conformity with the law. We make these updates to our digital\n\ncontent and services for safety or security reasons, and to make sure they meet the quality\nstandards that you expect, such as those described in our Legal Guarantee below. We may\nautomatically install updates that address significant safety or security risks. For other updates, you\ncan choose whether you want them installed.\nBefore we change or stop offering any part of the Service, we carefully consider your interests as a\nuser, your reasonable expectations, and the potential impact on you and others. We only change or\nstop offering any part of the Service for valid reasons. If a modification negatively affects your\nability to access or use the Service, we’ll provide you with reasonable advance notice by email,\nincluding a description of the changes, when they’ll take place, and your right to end your contract\nwith us if our modifications create more than a minor negative impact, except in urgent situations\nsuch as preventing abuse or harm, responding to legal requirements, or addressing security and\noperability issues. We’ll also provide you with an opportunity to export your Content using Google\nTakeout, subject to applicable law and policies. \nYour Content and Conduct\nUploading Content\nIf you have a YouTube channel, you may be able to upload Content to the Service. You may use\nyour Content to promote your business or artistic enterprise. If you choose to upload Content, you\nmust not submit to the Service any Content that does not comply with this Agreement or the law.\nFor example, the Content you submit must not include third-party intellectual property (such as\ncopyrighted material) unless you have permission from that party or are otherwise legally entitled to\ndo so (including by way of any available exceptions or limitations to copyright or related rights\nprovided for in European Union law). You are legally responsible for the Content you submit to the\nService. We may use automated systems that analyze your Content to help detect infringement\nand abuse, such as spam, malware, and illegal content.\nRights you Grant\nYou retain all of your ownership rights in your Content. In short, what belongs to you stays yours.\nHowever, we do require you to grant certain rights to YouTube and other users of the Service, as\ndescribed below.\nLicence to YouTube\nBy providing Content to the Service, you grant to YouTube a worldwide, non-exclusive, royalty-free,\ntransferable, sublicensable licence to use that Content (including to reproduce, distribute,\nmodify, display and perform it) for the purpose of operating, promoting, and improving the Service.\nLicence to Other Users\n\nYou also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to\naccess your Content through the Service, and to use that Content (including to reproduce,\ndistribute, modify, display, and perform it) only as enabled by a feature of the Service.\nDuration of Licence\nThe licences granted by you continue until the Content is removed as described below. Once\nremoved, the licences will terminate, except where the operation of the Service, use of Content\npermitted before your removal, or the law requires otherwise. For example, removal of Content by\nyou does not require YouTube to: (a) recall Content that is being used by other users within any\nlimited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep\nfor legal purposes.\nRight to Monetize\nYou grant to YouTube the right to monetize your Content on the Service (and such monetization\nmay include displaying ads on or within Content or charging users a fee for access). This\nAgreement does not entitle you to any payments. Starting June 1, 2021, any payments you may be\nentitled to receive from YouTube under any other agreement between you and YouTube (including\nfor example payments under the YouTube Partner Program, Channel memberships or Super Chat)\nwill be treated as royalties. If required by law, Google will withhold taxes from such payments.\nRemoving Your Content\nYou may remove your Content from the Service at any time. You also have the option to make a\ncopy of your Content before removing it. You must remove your Content if you no longer have the\nrights required by these terms.\nRemoval of Content By YouTube\nIf we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may\ncause harm to YouTube, our users, or third parties, we reserve the right to remove or take down\nsome or all of such Content. We will notify you with the reason for our action unless we reasonably\nbelieve that to do so: (a) would violate the law or the direction of a legal enforcement authority, or\nwould otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an\ninvestigation or the integrity or operation of the Service; or (c) would cause harm to any user, other\nthird party, YouTube or our Affiliates. You can learn more about reporting and enforcement,\nincluding how to appeal on the Troubleshooting page of our Help Center.\nCommunity Guidelines Strikes\nYouTube operates a system of “strikes” in respect of Content that violates the YouTube Community\nGuidelines. Each strike comes with varying restrictions and may result in the permanent removal of\nyour channel from YouTube. A full description of how a strike affects your channel is available on\n\nthe Community Guidelines Strikes Basics page. If you believe that a strike has been issued in\nerror, you may appeal here.\nIf your channel has been restricted due to a strike, you must not use another channel to circumvent\nthese restrictions. Violation of this prohibition is a material breach of this Agreement and Google\nreserves the right to terminate your Google account or your access to all or part of the Service.\nCopyright Protection\nWe provide information to help copyright holders manage their intellectual property online in\nour YouTube Copyright Center. If you believe your copyright has been infringed on the Service,\nplease send us a notice.\nWe respond to notices of alleged copyright infringement according to the process in our YouTube\nCopyright Center, where you can also find information about how to resolve a copyright strike.\nYouTube's policies provide for the termination, in appropriate circumstances, of repeat infringers’\naccess to the Service.\nAccount Suspension and Termination\nTerminations by You\nYou may stop using the Service at any time. You can also delete the Service from your Google\nAccount, which involves closing your YouTube channel and removing your data, with the option to\ndownload a copy of your data first. \nTerminations and Suspensions by YouTube\nYouTube reserves the right to suspend or terminate your Google account or your access to all or\npart of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to\ndo so to comply with a legal requirement or a court order; or (c) we reasonably believe there has\nbeen conduct that creates liability or harm to any user, other third party, YouTube or our Affiliates.\nNotice for Termination or Suspension\nWe will notify you with the reason for termination or suspension by YouTube unless we reasonably\nbelieve that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b)\nwould compromise an investigation; (c) would compromise the integrity, operation or security of the\nService; or (d) would cause harm to any user, other third party, YouTube or our Affiliates.\nEffect of Account Suspension or Termination\nIf your Google account is terminated or your access to the Service is restricted, you may continue\nusing certain aspects of the Service (such as viewing only) without an account, and this Agreement\n\nwill continue to apply to such use. If you believe that the termination or suspension has been\nmade in error, you can appeal using this form.\nAbout Software in our Service\nDownloadable Software\nWhen the Service requires or includes downloadable software (such as the YouTube Studio\napplication), unless that software is governed by additional terms which provide a licence, YouTube\ngives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the\nsoftware provided to you by YouTube as part of the Service. This licence is for the sole purpose of\nenabling you to use and enjoy the benefit of the Service as provided by YouTube, in the manner\npermitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part\nof the software, or to reverse-engineer or attempt to extract the source code of that software,\nunless laws prohibit these restrictions or you have YouTube’s written permission.\nOpen Source\nSome software used in our Service may be offered under an open source licence. There may be\nprovisions in an open source licence that expressly override some of these terms. If so, we will\nmake that open source licence available to you.\nOther Legal Terms\nLegal Guarantee\nIf you’re an EEA-based consumer, and you’ve agreed to our Terms of Service, then EEA consumer\nlaws provide you with a legal guarantee covering the digital content or services that we provide\nyou. Under this guarantee, we’re liable for any lack of conformity that you discover:\nwithin two years of the one-time supply of digital content or services (such as purchasing a\nmovie)\nat any time during the “continuous” supply of digital content or services (such as a paid\nsubscription)\nYour national laws may provide an even longer guarantee. Your rights under these legal\nguarantees aren’t limited by any other commercial guarantees that we provide. If you want\nto make a guarantee claim, please [contact us].\nDisclaimer\nBy law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in\nthis Agreement affects those rights you may have as a consumer. Other than as expressly stated in\nthis Agreement or as required by law (see the Legal Guarantee), YouTube does not make any\n\nspecific promises about the Service. For example, we don’t make any additional promises about:\nthe Content provided through the Service; the specific features of the Service, or its accuracy,\nreliability, availability, or ability to meet your needs; or that any Content you submit will be\naccessible or stored on the Service.\nLimitation of Liability\nAll users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or\npersonal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or\nlimited by law.\nTo the extent permitted by applicable law, YouTube and its Affiliates will not be responsible for:\n1. losses that were not caused by YouTube or its Affiliates’ breach of this Agreement;\n2. any loss or damage that was not, at the time that this Agreement was formed between you\nand YouTube, a reasonably foreseeable consequence of YouTube or its Affiliates breaching\nthis Agreement; or\n3. the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of\nany user.\nBusiness Users only: If you are using the Service for the purpose of your trade, business, craft or\nprofession, (a “Business User”), to the extent permitted by applicable law, the following limitations\nof liability will also apply:\n1. YouTube and its Affiliates will not be responsible for lost profits, revenues, or data; loss of\nopportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all\ncases whether such losses were foreseeable or not); and\n2. YouTube and its Affiliates’ total liability for any claims arising from or relating to the Service is\nlimited to the greater of: (a) the amount of revenue that YouTube has paid to you from your\nuse of the Service in the 12 months before the date of your notice, in writing to YouTube, of the\nclaim and (b) €500, whichever is higher.\nThird-Party Links\nThe Service may contain links to third-party websites and online services that are not owned or\ncontrolled by YouTube. YouTube has no control over, and assumes no responsibility for, such\nwebsites and online services. Be aware when you leave the Service; we suggest you read the\nterms and privacy policy of each third-party website and online service that you visit.\nAbout this Agreement\nChanging this Agreement\n\nWe may change this Agreement (1) to reflect changes to our Service or how we do business - for\nexample, when we add new products or features or remove old ones, (2) for legal, regulatory, or\nsecurity reasons, or (3) to prevent abuse or harm.\nIf we materially change this Agreement, we’ll provide you with reasonable advance notice and the\nopportunity to review the changes, except (1) when we launch a new product or features, or (2) in\nurgent situations, such as preventing ongoing abuse or responding to legal requirements. If you\ndon’t agree to the new terms you should remove any Content you uploaded and stop using the\nService.\nContinuation of this Agreement\nIf your use of the Service ends, the following terms of this Agreement will continue to apply to you:\n“Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in\nlimited cases as described under “Duration of License”.\nSeverance\nIf it turns out that a particular term of this Agreement is not enforceable for any reason, this will not\naffect any other terms.\nAssignment\nYouTube may transfer all or part of this Agreement to an Affiliate or, if YouTube is sold, to a third\nparty.\nNo Waiver\nIf you do not comply with this Agreement and we do not take action immediately, this doesn’t mean\nthat we are giving up any rights that we may have (such as the right to take action in the future).\nGoverning Law\nIf you live in the European Economic Area, or Switzerland, this Agreement, and your relationship\nwith YouTube under this Agreement, will be governed by the laws of your country of residence, and\nlegal proceedings may be brought in your local courts.\nEEA Instructions on Withdrawal\nIf you’re an EEA-based consumer, then starting on May 28, 2022, EEA consumer law gives you the\nright to withdraw from this contract as described in the EU’s Model Instructions on Withdrawal,\nprovided below:\nRight of withdrawal\n\nYou have the right to withdraw from this contract within 14 days without giving any reason.\nThe withdrawal period will expire after 14 days from the day of the conclusion of the contract.\nTo exercise the right of withdrawal, you must inform us of your decision to withdraw from this\ncontract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can contact us by\nemail at [email protected]; by phone +35 31800832663 (see below for country-\nspecific telephone numbers); or by writing to us at Google Ireland Limited, Gordon House, Barrow\nStreet, Dublin 4, Ireland. You may use the attached model withdrawal form, but it is not obligatory.\nYou can also electronically fill in and submit the model withdrawal form or any other unequivocal\nstatement on our website (g.co/EEAWithdrawalForm). If you use this option, we will communicate\nto you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail)\nwithout delay.\nTo meet the withdrawal deadline, it is sufficient for you to send your communication concerning\nyour exercise of the right of withdrawal before the withdrawal period has expired.\nEffects of withdrawal\nIf you withdraw from this contract, we shall reimburse to you all payments received from you,\nincluding the costs of delivery (with the exception of the supplementary costs resulting from your\nchoice of a type of delivery other than the least expensive type of standard delivery offered by us),\nwithout undue delay and in any event not later than 14 days from the day on which we are\ninformed about your decision to withdraw from this contract. We will carry out such reimbursement\nusing the same means of payment as you used for the initial transaction, unless you have\nexpressly agreed otherwise; in any event, you will not incur any fees as a result of such\nreimbursement.\nModel withdrawal form\n(complete and return this form only if you wish to withdraw from the contract)\n— To __Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, [account-\[email protected]]__:\n— I hereby give notice that I withdraw from my contract of sale for the provision of the following\nservice, __________________________________________\n— Ordered on, _____________________________ \n— Name of consumer, _______________________\n— Address of consumer, _____________________\n\n— Signature of consumer (only if this form is notified on paper), ___________________\n— Date _______________\nContact Google to withdraw from these terms\nCountry Phone number\nAustria 0800-001-180 \nBelgium 0800-58-142 \nBulgaria 0800-14-744\nCzechia 800-720-070\nCyprus 800-92-492\nCroatia 0800-787-086\nDenmark 80-400-111\nEstonia 800-2643\nFinland 0800-520-030\nFrance 0805-98-03-38\nGermany 0800-627-0502\nGreece 00800-4920-00536\nHungary 06-80-200-148\nIceland 800-4177\nIreland 1-800-832-663\nItaly 800-598-905\nLatvia 802-05-391\nLiechtenstein 800-566-814\n\nLithuania 8-800-00-163\nLuxemburg 800-40005\nMalta 800-62-257\nNetherlands 0800-360-0010\nNorway 800-620-68\nPoland 0800-410-575\nPortugal 808-203-430\nRomania 0800-672-350\nSlovakia 0800-500-932\nSlovenia 080-688-882\nSpain 0900-906-451\nSweden 020-012-5241 \nEffective as of January 5, 2022 (view previous version)\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":0,"explanation":"Only Businesses entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":0,"explanation":"When the company reserves the right to change the service without a valid reason specified in the contract (the company reserves the right to change the service in a vague way, by using non-precise, general reasons that are hard to interpret by the consumer and give the company freedom to understand them broader than necessary)"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"DingTalk","url":"https://page.dingtalk.com/wow/dingtalk/act/service-en-lite","lang":"ENG","sector":"Work","hq":"China","hq_category":"Other","is_public":"Indirectly public","is_paid":"Optionally paid","date":"11.05.2020"},"document":{"title":"","text":"DingTalk Terms of Service\nVersion Date: May 11, 2020\n \nWelcome to DingTalk!\n \nNotice: Before using the Services (defined below), please carefully read these Terms of\nService (the “Agreement”), especially the terms exempting or limiting DingTalk’s liabilities and the\nterms on dispute resolution and governing laws, as this Agreement will govern your use of the Services\nand also the relationship between you and us. In these Terms of Service, “you”, “your” and “User”\nmean an end user of the Services and the words “DingTalk”, “we”, “our” and “us” refer to DingTalk\n(Singapore) Private Limited.\n \nBy providing your information in response to any part of the application process, signing up for or\nusing any part of the Service, and/or completing any registration or activation procedures, you\nrepresent that you have fully read, understood and accepted all terms hereof, and agree that the\nAgreement shall be legally binding on you. The most current version of the Agreement may be found\nin DingTalk App under Settings -> About DingTalk ->ToS or by the linkage at\n https://page.dingtalk.com/wow/dingtalk/act/service-en-lite?wh_biz=tm. You undertake to accept and\ncomply with the provisions of the Agreement, and shall not claim that the Agreement is invalid or\nrequest to annul the Agreement on the ground that you have not read the contents of the Agreement or\nhave not received DingTalk’s reply to your inquiries or otherwise.\n \nIn accordance with the terms of this Agreement, we have the right to from time to time amend the\nAgreement. If you continue to use any part of the Services following such notice, you agree to be bound\nby the terms of the Agreement as so amended.\n \n1. DEFINITIONS\nIn the Agreement, unless the context otherwise requires, the following expressions shall have the following\nmeanings:\n1.1 Account: means such account created for access and/or use of the Application;\n1.2 Administrator Account: means an Account with administrative privileges for use by a corporate entity;\n1.3 Applicable Laws: means, with respect to any person, any and all applicable constitutions, treaties,\nconventions, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of\ncommon law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements\nof or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial\nauthorities or bodies (including without limitation, any relevant stock exchange or securities council) or any\ncourt, arbitrator or tribunal with competent jurisdiction, regardless of jurisdiction, as amended or modified\nfrom time to time, and to which such person is subject, including without limitation such of the foregoing as\nrelates to anti-money laundering and counter-financing of terrorism;\n1.4 Application: means the software application branded as “DingTalk” and any web version of the same;\n1.5 Content: means any information, data, text, messages, images, or other materials;\n\n1.6 DingTalk APP Center：means such part of the Application that allows Users to install and/or access\nthird party applications;\n1.7 DingTalk Group：means a workspace on the Services dedicated to a particular User;\n1.8 DingTalk ID：means the unique login identification name which identifies a User who has an Account;\n1.9 DingTalk Privacy Policy：means the privacy policy applicable to the Services and available in\nDingTalk App under Settings -> About DingTalk App -> PP or by the linkage\nat https://page.dingtalk.com/wow/dingtalk/act/privacy-en-lite?wh_biz=tm;\n1.10 Intellectual Property Rights：means throughout the world and for the duration of the rights:\ni. patents, trademarks, goodwill, service marks, logos, get-up, trade names, brand names, internet domain\nnames, rights in designs, copyright (including rights in computer software) and moral rights, database\nrights, semi-conductor topography rights, utility models, trade secrets, inventions, confidential,\nbusiness, scientific, technical or product information and other intellectual property rights, in each case\nwhether registered or unregistered and including applications for registration, and all rights or forms of\nprotection having equivalent or similar effect;\nii. any other rights resulting from intellectual activity in the cybersecurity, commercial, industrial,\nscientific, literary and artistic fields and whether dealing with manufactured products or services;\niii. rights under licences, consents, orders, statutes or otherwise in relation to a right under sub-paragraph\n(a) above;\niv. rights of the same or similar effect or nature as or to those in sub-paragraphs (a) and (c) which now or\nin the future may subsist; and\nv. the right to sue for infringements of any of the foregoing rights.\n1.11 Loss: means all liabilities, costs, expenses, damages and losses (including but not limited to any direct,\nindirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs\n(calculated on a full indemnity basis) and all other professional costs and expenses);\n1.12 Member: means a User that belongs to a particular DingTalk Group;\n1.13 Personal Data: has the meaning ascribed to it in the DingTalk Privacy Policy;\n1.14 Publisher: means a third party providing a Third Party Service;\n1.15 Publisher Terms: is defined in Clause 3;\n1.16 Services: means the Application and any websites, hardware, services and functionalities in connection\ntherewith provided, operated and/or managed by DingTalk, including without limitation the DingTalk official\nwebsite (dingtalk.com), DingTalk Open Platform (open.dingtalk.com), DingTalk APP Center\n(appcenter.dingtalk.com), DingTalk DRP platform (open-drp.dingtalk.com), DingTalk Community\n（dingding.xin), DingTalk smart hardware (such as DingTalk M2 Smart Receptionist, DingTalk M1 Smart\nAttendance Machine, DingTalk C1/C1B Smart Communication Center, DingTalk P1 Printer Box) and other\nthird party services and/or hardware that are integrated with the foregoing;\n1.17 Third Party Services: is defined in Clause 1; and\n1.18 User Content: means any Content that is uploaded, posted or otherwise transmitted by you to or via the\nServices.\n \n2. CONTENTS AND EFFECT OF THIS AGREEMENT\n2.1 DingTalk may impose such further terms and conditions and make such amendments to the Agreement as\nDingTalk in its sole and absolute discretion deems fit from time to time. Upon at least 7 day prior notice on\n\nthe DingTalk official website (www.dingtalk.com), the amended Agreement shall immediately supersede the\noriginal Agreement and take effect. If you disagree with any amendment, you shall immediately stop using\nthe Services. You further agree that if you continue to use and/or access the Services after being notified of\nsuch amendments to the Agreement, such use and/or access shall constitute an affirmative: (i)\nacknowledgement by you of the Agreement and its amendments; and (ii) agreement by you to abide and be\nbound by the Agreement and its amendments. DingTalk’s right to vary the Agreement in the manner\naforesaid may be exercised without the consent of any person or entity who is not a party to the Agreement.\n \n3. LICENCE TO USE APPLICATION\n3.1 DingTalk grants you a non-transferable, non-exclusive, personal, limited, non-sublicensable license to\ninstall the Application on your personal mobile communication device(s) and use the Application in\naccordance with the Agreement. All other rights not expressly granted in the Agreement shall be reserved by\nDingTalk and your exercise of these rights shall be subject to the prior written consent from DingTalk. In no\nevent shall the aforesaid license granted be deemed to be a transfer of part or all of DingTalk’s Intellectual\nProperty Rights to you.\n3.2 For the avoidance of doubt, DingTalk shall not at any time be obliged to provide any adaptations,\nenhancements and/or modifications to the Application, including without limitation any updates, patches,\nbug-fixes and/or upgrades to the Application, or any new versions and/or releases of the Application which\nincorporate new features or functions.\n3.3 You may not under any circumstances: (i) copy, sell, resell, assign, licence, distribute, transmit, publicly\ndisplay, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce the\nApplicationor any part thereof in any form by any means; (ii) adapt, modify, decompile, disassemble,\nlocalise, port and/or reverse engineer the Applicationor any part thereof; (iii) remove, obscure or destroy any\ncopyright, trade secret, proprietary or confidential legends or marking of DingTalk placed upon or contained\nwithin the Application; (iv) prepare or develop derivative works based on the Application; and/or (v) use the\nApplicationfor any purpose other than those permitted under the Agreement. Any breach of the aforesaid\nrestrictions shall result in immediate and automatic termination of all rights and licence granted hereunder.\nThe use restrictions set out herein shall survive the termination of the Agreement.\n \n4. SCOPE OF SERVICES\n4.1 Without prejudice to the other provisions of the Agreement, if you have registered to use one or more of\nthe Services but you use other Services with the same Account, this Agreement automatically also applies to\nyour use of these additional Services.\n4.2 The Services include various technical functions such as address book management, conference calls and\nunread messages notifications. DingTalk has the right, at any time and from time to time, to change, upgrade,\nmodify, terminate, withdraw or transfer the Services or any part thereof and/or any functions and applications\nat any time at its sole and absolute discretion. Such right shall also extend to any Publisher offering such\nfunctions. You agree that DingTalk is not required to notify you of, and will not be liable to you or any\nPublisher for, such change, upgrade, modification termination, withdrawal or transfer. DingTalk may in its\nsole and absolute discretion publish such changes, upgrades, modifications or transfers on the DingTalk\nofficial website (dingtalk.com).\n4.3 If you are a corporate entity, you may apply for an Administrator Account by providing appropriate\nwritten authorization and such other supporting documents as DingTalk may require. Upon DingTalk’s\nprocessing of your application, you may use the Administrator Account to upload and manage your DingTalk\nGroup and invite other Users to join the DingTalk Group.\n4.4 If you accept an invitation to become and remain a Member during your use of the Services, you are\nentitled to use certain functions provided by the Application in relation to such DingTalk Group and its\nMembers which will depend on inter alia the level of access granted to you by the relevant Administrator\n\nAccount. You hereby authorize the aforesaid Administrator Account to manage all aspects of your\nmembership in the DingTalk Group, including but not limited to modifying your level of access to various\nServices, and you undertake to use the Services within the scope of access granted to you by that\nAdministrator Account in addition to compliance with the Agreement.\n4.5 Use of the Services requires one or more compatible devices, Internet access (fees may apply), and\ncertain software (fees may apply), and may require obtaining updates or upgrades from time to time. As use\nof the Services involves hardware, software, and Internet access, your ability to access and use the Services\nmay be affected by the performance of these factors. High speed Internet access is recommended. You\nacknowledge and agree that such system requirements, which may be changed from time to time, are your\nresponsibility, and are to be procured at your own cost and expense.\n \n5. REGISTRATION AND ACCOUNT MANAGEMENT\n5.1 You hereby represent and warrant that you have the full legal capacity, power, authority and right to enter\ninto and exercise your rights and perform your obligations under the Agreement. If you are not such an\neligible user, please do not use the Services. Without prejudice to its other rights and remedies at law whether\nagainst you and/or your guardian (as applicable), DingTalk has the right to suspend or close your Account\nand claim Losses incurred by it against you and/or your guardian (if applicable). If you register an Account\nor use the Services on behalf of a corporate entity, you hereby represent and warrant that you have been duly\nauthorized and have the right to represent and bind such corporate entity to the terms of the Agreement.\n5.2 At the time of registration, you may use your mobile phone number and/or any other information\nacceptable to DingTalk for identification or verification in relation to your Account registration. In any event,\nyou shall ensure that all information provided to DingTalk is and remains true, accurate and complete and\nthat you have not withheld any relevant information.\n5.3 DingTalk may, upon processing your application, assign a DingTalk ID to you. You may set the DingTalk\nID only once and it cannot be changed once it is set. You understand and agree that the Account name,\nDingTalk ID, icon, profile and other information set by you shall not include any illegal or offensive\ninformation, and that you shall not impersonate any other person or entity, register an Account for another\nperson or entity without his/her/its consent, adopt a DingTalk ID that is confusingly similar to another\nDingTalk ID, or use usernames that may infringe upon the rights or interests of others (including but not\nlimited to infringement of a third party’s trade mark or other similar rights). Without prejudice to any other\nrights or remedies of DingTalk, upon any breach of this clause of the Agreement, DingTalk has the right to\nreject your registration, terminate the provision of Services to you and/or cancel your Account and/or\nDingTalk ID, with any and all Losses incurred therefrom solely borne by you.\n5.4 DingTalk may require that you comply with security procedures prescribed by it from time to time to\naccess your Account. You hereby undertake to keep your Account and any security credentials (for example,\npasswords) secure and not disclose such credentials to any third party or allow a third party to use the same.\nDingTalk shall deem all activities undertaken in respect of any Account following any successful login to the\nAccount with the use of such credentials to have been carried out by you, and you agree to be bound by and\nliable for all such activities.\n5.5 You understand and agree that the ownership of the Account (including account on client and\nAdministrator Account, if applicable) shall belong to DingTalk and you only have the right to use such\nAccount subject to the terms of the Agreement. The right to use an Account shall only be vested in the\noriginal applicant for registration and shall not be transferred or provided to others in any manner, and\nDingTalk has the right upon the breach of this Clause 5.5 to repossess such Account immediately without\nfurther notice and any and all Losses caused by the deletion and loss of all data and information generated\nduring your use of the Services shall be solely borne by you.\n5.6 After your successful registration, DingTalk will confirm your identity, in particular your DingTalk ID,\npassword, cell phone number, SMS check code, ID number and other biometric information. By providing\nsuch information, you acknowledge and agree to DingTalk using such information to verify your Account\nfrom time to time, including where you use a new device to access the Services. You shall keep your device,\n\nDingTalk ID and password and/or identity information secure and be liable for all activities (including but\nnot limited to clicking “Accept” in relation to agreements online, purchasing Services, sharing information or\nContent, initiating conference calls) carried out by using such Account and password and/or identity\ninformation. For avoidance of doubt, all actions referable to your Account and/or DingTalk ID shall be\ndeemed to have been undertaken by you, whether or not actually undertaken by you. You further agree and\nacknowledge that where you choose to activate any Service or functionality that will require your biometric\ninformation, DingTalk will rely on information, tokens or certificates generated by third party hardware or\nsoftware service providers (such as the manufacturer of your mobile phone), and DingTalk has no\nresponsibility or liability for verifying the accuracy or reliability of such information, tokens or certificates.\n5.7 You undertake to notify DingTalk immediately if your security credential or Account is used without\nauthorization or in case of any other security breach, and to the maximum extent permitted under applicable\nlaw, you agree and acknowledge that DingTalk will not be liable for any Loss caused under such\ncircumstance. Unless otherwise required by applicable laws and only with the consent of DingTalk, your\nDingTalk ID and password may not be assigned, transferred or shared in any manner.\n5.8 You understand and agree that if you fail to log in to the Application for 12 consecutive months after\nregistration of the Account, DingTalk has the right to terminate your Account and it shall not be liable for\nany Losses resulting therefor. In such event, your DingTalk ID will be recycled and DingTalk may make the\nsame DingTalk ID available to other users.\n5.8 If you deregister the Account and/or stop using Services, or if at any time DingTalk exercises its rights to\nsuspend or terminate your Account for any reason whatsoever, DingTalk has the right to permanently delete\nall Content, data and information associated with the Account, including but not limited to deletion of the\nsame, and shall not be liable to you for any Losses resulting therefrom, nor shall DingTalk be obliged to\nretrieve such data or information for you. If the Account is an Administrator Account, DingTalk has the right\nto:\na. cancel and delete such Administrator Account and all information associated thereto (including any\ncontact list);\nb. terminate its relationship with the relevant User using that Administrator Account;\nc. delete the contact list of the relevant User; and\nd. terminate the rights and interests granted to any User by the Administrator Account.\n \n6. SERVICES USE REGULATIONS\n6.1 You fully understand and agree that DingTalk only provides a service platform to the User and you shall\nbe responsible for all acts and omissions of each user using the Services. Accordingly, you understand that\nyour use of the Services may result in exposure to the risks of illegal or improper conduct (or information) of\nothers, and you shall judge and act on your own and assume the corresponding risks. You agree and\nacknowledge that DingTalk is not responsible for content posted or made available by Users via DingTalk or\nthe Services.\n6.2 You must comply with DingTalk’s notices, guidelines and operating rules and policies pertaining to the\nuse of the Service which DingTalk issues from time to time. These notices, guidelines and operating rules\nand policies will generally be issued to you via email and/or publication on DingTalk’s websites or such\nother method of notification as may be designated by DingTalk, which you acknowledge shall be sufficient\nnotice for the purpose of this clause.\n6.3 Unless otherwise specified, the Services hereunder shall be used for non-commercial purposes only. You\nundertake not to duplicate, copy, sell, resell or use any part of the Services or the use or acquisition thereof\nfor any commercial purposes including but not limited to advertising.\n6.4 You undertake not to use, or permit any Member to use, the Services for any illegal or improper actions,\nincluding but not limited to:\na. uploading, transmitting or sharing information containing any content which:\n\ni. jeopardizes national security, divulges national secrets, subverts state power, or sabotages\nnational unity;\nii. incites ethnic hatred or discrimination, or undermines ethnic solidarity;\niii. violates national religious policies, or propagates evil cults or superstition;\niv. disturbs public order, or sabotages social stability;\nv. encourages obscenity, eroticism, gambling, violence, murder, terror or instigates crimes;\nvi. actions that do or is intended to harm, disable, destroy or adversely affect performance of the\nServices in any way or which do or is intended to harm or extract information or data from other\nhardware, software or networks of DingTalk or other Users;\nvii. insults or defames others, or infringes upon the lawful rights and interests (including without\nlimitation Intellectual Property Rights) of others;\nviii. is false, fraudulent, harmful, coercive, encroaching on privacy of others, harassing, infringing,\nslandering, vulgar, obscene, grossly harmful, blasphemous, defamatory, pornographic,\npedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable,\ndisparaging, relating or is otherwise morally disturbing or unlawful in any manner; or\nix. is otherwise restricted or prohibited by applicable laws, regulations, rules, ordinances and codes;\nb. pretending to be any other person or organization, or falsely representing or fraudulently claiming to be\nrelated to any other person or organization;\nc. building or benchmarking a competitive product or service, or copy any features, functions or graphics\nof the Services;\nd. fabricating titles or otherwise manipulating the identification materials to mislead others to believe that\nyour User Content originates from DingTalk or its affiliates;\ne. uploading, transmitting or sharing any User Content known by you under any law or agreement or\nstatutory provision (e.g., internal materials and proprietary and confidential data obtained or disclosed\ndue to any employment relation or under any confidentiality agreement) which you are not authorized\nto upload, transmit or share;\nf. uploading, transmitting or sharing User Content that infringes infringing any third party’s Intellectual\nProperty Rights;\ng. stalking or otherwise harassing others, or sending a large amount of information to your contacts or\nother Users through the Services;\nh. uploading, transmitting or sharing any advertisement, marketing information, promotional materials,\n“spam”, “chain letters”, “direct sale” or solicitation materials in any other form, except to the\ncommunity or by the function exclusively for the foregoing purposes;\ni. using the Services in violation of any DingTalk policy or in a manner that violates Applicable Laws,\nincluding but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations\nand laws requiring the consent of subjects of audio and video recordings;\nj. using the Services in critical sectors for which the Services are not designed, including but not limited\nto nuclear facilities, military, transportation and telecommunication. DingTalk will not be legally liable\nfor any personal injury or death, property loss or environmental disruption caused by failure of the\nforegoing operations due to the Application or Services;\nk. any act beyond the ordinary communications, whether internal or external, between friends or Users;\nl. adding other Users as friends, inducing other Users to add you as their friend or otherwise befriending\nother Users (including but not limited to forming unilateral and bilateral friend relations, the same\nbelow) for purposes beyond the ordinary communications, whether internal or external, between\nfriends or Users (including but not limited to sending advertisements, spam, harassing information or\ninformation violating laws and regulations); and\nm. sending a large amount of information to your friends or other Users through the Services.\n6.5 You undertake not to do any of the following acts:\na. uploading, posting, emailing or otherwise transmitting any software virus or other computer code, file\nor program that disrupts, damages or restricts the functions of any computer hardware, software or\ntelecommunication device;\nb. disrupting or damaging the Services or the servers and networks connected to the Services, or violating\nany regulations, procedures, policies or codes relating to the networks connected to the Services;\nc. adding, deleting, reducing or altering the Application by modifying or fabricating directives and data in\nits running process, or operating or distributing to the public the software and methods applied for the\nabove purposes, whether for commercial purposes or not;\n\nd. logging in to or using the Application and Services via any third-party software, plug-in or system that\nis not developed or authorized by DingTalk, or producing, publishing or spreading above tools; or\ne. disrupting the Application or its components, modules and data on your own or by authorizing others\nor through using third-party software.\n6.6 You agree and accept that DingTalk is not required to monitor the data and Content uploaded, transmitted\nor shared by you in real time. DingTalk has the right to monitor, review and supervise your use of the\nServices and take corresponding actions, including but not limited to deleting information, suspending or\nterminating the Services, and reporting your actions to the relevant authorities.\n6.7 You undertake not to use the Services in any form detrimental to DingTalk’s business interests, or engage\nin any acts that may damage or be prejudicial to DingTalk.\n6.8 You understand and agree that, in the provision of the Services, DingTalk and its affiliates together with\nDingTalk’s authorized partners, may provide you with commercial advertisements or promotional or other\ninformation in commercial or non-commercial form. You remain solely responsible for verifying the\nauthenticity and reliability of such information. To the maximum extent permitted under applicable law, you\nshall bear all Losses you may suffer by your acting on or in connection with such advertisements or\ninformation, and DingTalk shall not be liable for the same.\n6.9 If you manage an Administrator Account, you may add and manage Members through the Account. You\nshall be responsible for the acts and omissions of such Members. You shall also be responsible for any\nconsequences resulting from any modifications to the Services provided to such Members by DingTalk\npursuant to your exercise of the administrative privileges of your Administrator Account, and shall\nindemnify DingTalk for all Losses resulting therefrom.\n6.10 If you use Alipay's red envelope function, payment and/or money transfer functions within the\nApplication, you shall comply with all applicable laws and shall not illegally use such functions for illegal\nactivities, such as gambling, fraudulent fund-rising, pyramid schemes and other illegal and criminal acts, or\nprovide assistance for illegal and criminal acts. You shall indemnify DingTalk for all Losses incurred by it\narising from or in connection with such acts.\n6.11 You shall be solely responsible for the lawful use of any and all Content you access via the Services, and\nshall be responsible for all risks arising out of using the Content, including risks arising from reliance on the\naccuracy, completeness or practicability of the contents. DingTalk cannot and will not assume any liability\nfor any Losses incurred by you due to the aforesaid risks.\n6.12 You shall comply with all Applicable Laws in your use of the Application, Services and Third Party\nServices, and you hereby warrant and represent that DingTalk will not be in breach of any Applicable Laws\nas a result of your opening, operating, accessing and/or using an Account, the Application, Services or Third\nParty Services or taking any other action directly or indirectly through your use of the same.\n6.13 You agree that DingTalk has the right to:\na. juxtapose or otherwise combine the User Content with any statements, notices, corrections and other\nmaterials as we deem fit, whether on the DingTalk platform or otherwise; and\nb. disable all or some Users' access to any User Content or any part thereof.\n6.14 If DingTalk discovers or receives reports from others that you have breached the Agreement, DingTalk\nmay in its sole and absolute discretion delete and/or block any Content you have made available on your\nAccount at any time without any notice, and take any further measures as it may see fit, including without\nlimitation to its rights and remedies at law, suspending, terminating or repossessing your Account, restricting,\nsuspending or terminating your use of all or part of the Services.\n \n7. SERVICES FEES\n\n7.1 You shall pay to DingTalk all fees imposed by the DingTalk from time to time in its sole and absolute\ndiscretion in respect of Services rendered to you provided that details of the charges are made known to you\nin writing or in any other manner DingTalk may determine. Such fees shall take effect from the date stated in\nsuch notice. If you disagree with such fees, you shall immediately cease all your use of the Services,\notherwise if you proceed to use the Services you shall be deemed to have agreed to bear the said fees.\n7.2 You shall bear all third party fees in connection with your use of the Services, including but not limited to\ncellphone data fees and telecommunication service fees.\n7.3 Where any Services are offered for free, it shall not constitute a representation by DingTalk that the same\nwill continue to be free of charge in the future. DingTalk has the right to inform you of the imposition of fees\nfor such Services and the means of payment via notification on the DingTalk official website or within the\nApplication with seven days’ advance notice. If you continue your use of such Services, you shall be deemed\nto have agreed to bear the said fees.\n7.4 You agree that all fees shall be due and payable by you at the times and in the manner specified by\nDingTalk from time to time in its sole and absolute discretion and via payment methods that are acceptable to\nDingTalk. All taxes, charges and other additional costs imposed in connection with such fees shall be borne\nby you.\n7.5 You understand and acknowledge that you will consume a small amount of data traffic in initiating one-\nparty or multi-party call using the Application.\n7.6 You understand and agree that, in using the voice service in the Application, DingTalk will provide the\nServices via the network provided by third party telecommunication operators, who, in some cases, may\nimpose certain fees on you (for example, you may be required to pay roaming charges when you are roaming\nin a different region).\n \n8. SPECIAL AUTHORIZATION\n8.1 Where DingTalk’s affiliates and/or business partners notify DingTalk that you are in breach of your\nobligations or undertakings to such affiliates and/or business partners, DingTalk has the right to immediately\ntake enforcement or other actions against you and/or your Account, including but not limited to suspension\nor termination of the provision of your Account or to your access to the Services or any part thereof, and to\nannounce your breach via the Application or the Services. You understand and agree that DingTalk is not\nrequired to verify any such notification with you or obtain your further consent to such actions, and DingTalk\nshall not be liable to you for such measures.\n8.2 If you breach the Agreement or other agreements concluded between you and DingTalk, DingTalk has\nthe right to inform DingTalk’s affiliates and/or business partners of such breach and require such affiliates\nand/or business partners to take enforcement or other actions against you and/or your Account, including but\nnot limited to requiring such affiliates and/or business partners to suspend or terminate the provision of any\nservices in whole or in part to you or your access to any services or any part thereof, and to announce your\nbreach in any websites they operate or control.\n8.3 You consent to the collection, use and disclosure of any personal data to, by or from any\nDingTalk affiliates and/or business partners for the purposes stated in this Clause.\n \n9. THIRD PARTY SERVICES\n9.1 The Application and/or Services may allow you to access, use and/or install third party applications and\nfunctions (collectively the “Third Party Services”). These include third party applications accessed through\nthe DingTalk APP Center and third party functions embedded in the Application such as Alipay red envelope\nfunction, payment and/or money transfer functions and the AliTranslation translation tools. Such Third Party\nServices may be subject to additional terms and privacy policies as may be prescribed by the relevant\n\nPublisher, which you should read, understand and accept before using the Third Party Service. DingTalk\nshall not be responsible for the privacy practices or policies of such Publishers.\n9.2 You understand and agree that the Third Party Services are provided by the relevant Publisher and not\nDingTalk. DingTalk shall assume no liability for your use of such Third Party Services.\n9.3 DingTalk does not perform any other testing and does not warrant or support the Third Party Services.\nThe Publishers are solely responsible for all aspects of the Third Party Services they publish, including\ncontent, functionality, availability and support. Publishers are required to provide their own terms of service,\nprivacy policy and support information (“Publisher Terms”). Users who access or download Third Party\nServices must enter into Publisher Terms directly with the Publisher.\n9.4 DingTalk is not responsible for the Third Party Services, their content, functionality, availability, or\nsupport. Third Party Services are hosted “as-is” and “as-available” and use of the Third Party Services is at\nyour own risk, subject to the Publisher Terms. Third Party Services may become unavailable or be removed\nby a Publisher at any time and any data stored in them may be lost or become inaccessible.\n9.5 DingTalk is not responsible for any data transferred to a Publisher, or for any transmission, collection,\ndisclosure, security, modification, use or deletion of any data by or through a Third Party Service. Publishers\nmay use your data as permitted in the Publisher Terms. Use of the Third Party Services may require your data\nto be transferred to the Publisher and by accessing and using the Third Party Service, You consent to the\ntransfer of your data by DingTalk as required by the Publisher. DingTalk does not support the Third Party\nServices. You should contact the Publisher for support or questions. DingTalk makes no representations and\ndisclaims all warranties, express or implied, regarding Third Party Services and reserves the right to remove\na Third Party Service from the Application at any time, in its sole discretion.\n9.6 You understand and agree that if DingTalk makes any adjustment, suspension or termination of the\nServices or any portion thereof that affects Third Party Services, DingTalk shall not be held liable for any\nLosses therefrom.\n9.7 You agree that your use of any Third Party Services may require DingTalk to transfer data relating to you\nand/or your Account to the relevant Publisher and you hereby consent to such transfer.\n \n10. SUSPENSION OR TERMINATION OF THE SERVICES\n10.1 You agree that DingTalk has the right to suspend, terminate or procure the suspension or termination of\nthe Services or Third Party Services or any portion thereof at any time for any reason whatsoever, without\nnotice to you.\n10.2 You understand and agree that DingTalk may, on a regular or irregular basis, carry out maintenance or\nservicing of devices, facilities, software and hardware with which the Services are provided, and that\nDingTalk shall assume no liability if the Services (whether paid or not) are therefore suspended for a\nreasonable period. DingTalk may make an announcement on its official website in advance where reasonable\nto do so.\n10.3 DingTalk may immediately suspend or terminate the provision of the Services or Third Party Services to\nthe User and request the User to make compensation for Losses if:\na. the User breaches the obligation of registration as provided in Clause 5;\nb. the User fails to pay the corresponding service fees for the use of paid network services; or\nc. the User violates the provisions of Clause 6 in respect of the use of Services.\n \n11. DATA PRIVACY AND CONFIDENTIALITY\n\n11.1 The DingTalk Privacy Policy explains how we treat your personal data and protect your privacy when\nyou use the Application and/or the Services. By using the Application and/or the Services, you consent to\nand agree to be bound by the DingTalk Privacy Policy, which you have read and understood.\n11.2 Certain products and/or services may be provided on a part of the Application via framing or via a third\nparty’s own website or webpage (to which you may be directed from the Application) and may be co-\nbranded with DingTalk’s logos or trademarks, even though they are not operated or maintained by DingTalk.\nYou acknowledge that any submission of Personal Data via such part of the Application or the third party’s\nwebsite or webpage shall be to the third party directly and not DingTalk and DingTalk shall not be deemed to\nhave collected any Personal Data submitted by you in such manner, and as if you have left the Application\nand visited such third party’s website or webpage. You further acknowledge that any collection, use and/or\ndisclosure of such Personal Data on such parts of the Application or the third party’s such website or\nwebpage shall not be governed by the DingTalk Privacy Policy but shall instead be subject to such terms and\nconditions as may be prescribed in the third party’s own privacy policy, which is accessible at the framed part\nof the Application on which the third party is providing its products and/or services or at the relevant part of\nthe third party’s website or webpage. DingTalk shall not be responsible for the privacy practices or policies\nof the third party. You are encouraged to learn about the privacy practices or policies of such the third parties.\n11.3 DingTalk may contract with one or more third parties to provide, maintain and host the products or\nservices on the Application. Therefore, any information you submit and/or any Content which you transmit\nmay be placed and stored on a computer server maintained by a third party. You acknowledge that such\ninformation or content may pass through and be stored in servers outside DingTalk’s control. You agree that\nDingTalk has no liability or responsibility for any such pass through or storage of the same.\n11.4 You consent to the collection, storage, communication and processing of any of your information by any\nmeans necessary for DingTalk to maintain appropriate transaction and account records and to the release and\ntransmission to and the retention by the relevant third party service providers and hosts of your information\nto enable your use of the Services.\n11.5 You acknowledge that all transmissions (whether by email or otherwise) to and from this Services\ncannot be guaranteed to be completely secure or error-free and the same could arrive late, be intercepted,\ncorrupted, lost, destroyed, or incomplete, or contain viruses and may not be received by the intended\nrecipient. Consequently, you understand that you should not post or transmit any private or confidential\nContent and/or information (whether yours or any third party’s) via the Services unless you want it to be\navailable publicly. You are aware that the Content transmitted by you may be subsequently forwarded to a\nthird party by the recipient. You further understand that as DingTalk cannot control or prevent the\ntransmission of your private or confidential Content by a third party, DingTalk cannot be responsible or held\nliable for the same. Accordingly, DingTalk does not warrant the privacy and/or security of any transmissions\n(whether by email or otherwise) to and from the Services.\n11.6 DingTalk has the right to determine at its discretion the maximum storage period of your data in the\nApplication and the Services the amount of maximum storage space to allocate to the same. You shall keep\nyour devices, Account, password, relevant information and Content safe. DingTalk will not be held liable for\nany lost or stolen data.\n11.7 Please refer to DingTalk Privacy Policy for other data privacy-related terms.\n \n12.INTELLECTUAL PROPERTY RIGHTS\n12.1 You understand and agree that unless otherwise stated by DingTalk, DingTalk owns or licences (as the\ncase may be) all Intellectual Property Rights in the Application and Services. You further agree that DingTalk\nowns all Intellectual Property Rights in all derivative works (including without limitation any reports, test\nresults and analyses) generated by the Services from the User Content.\n12.2 You undertake that unless authorized by DingTalk in writing you shall not (and shall not allow,\nencourage or facilitate any third party to) lease, lend, sell, distribute, copy, modify, repost, compile, release,\n\npublish, reverse engineer, decompile, or otherwise obtain the source code underlying the Application and/or\nServices\n12.3 You shall be solely responsible for User Content, including the form, content and accuracy thereof. You\nhereby grant to DingTalk a worldwide, non-exclusive, limited term licence of the Intellectual Property Rights\nin such User Content to access, use, store, reproduce, communicate to the public, export and display the User\nContent, only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or\naddress service, security, support or technical issues; (c) as required by law or as permitted by the DingTalk\nData Policy; and (d) as expressly permitted in writing by You. You agree that DingTalk shall not be under\nany obligation of confidentiality to you regarding any such User Content transmitted to DingTalk using the\nPlatform unless otherwise agreed in a separate direct contract between you and DingTalk or required by law.\n12.4 The logo of DingTalk, “钉钉”, “钉三多“，“DingTalk”, “Ding” and other texts, graphs and combination\nthereof, as well as other logos, marks, product names and service names of DingTalk involved in the Services\nare all trademarks of DingTalk and its affiliates. Without the written authorization of DingTalk, you shall not\ndisplay, use or otherwise process any of the said trademarks in any way, or represent to others that you have\nthe right to do so.\n12.5 You understand that DingTalk may and you agree to authorize DingTalk to use your name, trademark\nand logo in the advertising and promotion only for the purpose of showing that you are our client or partner.\n \n13. NOTIFICATION OF INFRINGEMENT\n13.1 We reserve the right to investigate notices of copyright, trademark and other intellectual property\ninfringement in respect of Content and other material on the Services (“Infringing Material”) and take\nappropriate action.\n13.2 If you believe that your work has been used or copied in a way that constitutes infringement of your\nIntellectual Property Rights and such infringement is occurring on the Services, please notify us in writing\nimmediately in the form prescribed by applicable laws (“Infringement Notice”). All such Infringement\nNotices shall be sent to us addressed as follows:\nAttention: DingTalk User Operation Center \nAddress: Building No.5, 959 Gao Jiao Road, Yuhang District, Hangzhou, China, 311100\nEmail: [email protected]\n13.2 We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that\nyou shall not take any legal action or exercise any legal remedy you may have against us in respect of any\nsuch Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to\nremove the Infringing Material, and thereafter we refuse or fail to remove the Infringing Material within a\nreasonable time. Where we remove the Infringing Material in response to your Infringement Notice, you\nagree not to exercise and you hereby waive, any right of action against us under applicable law which you\nmay have in respect of any Infringing Material appearing on the Platform prior to such removal by us.\n13.3 You acknowledge and agree that we have no control and cannot undertake responsibility or liability in\nrespect of Infringing Material appearing on third party sites. \n \n14. DISCLAIMERS\n14.1 The Services are provided on an “as is” and “as available” basis. No warranty of any kind, implied,\nexpress or statutory, including but not limited to any warranties of title, non-infringement of third party\nrights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus\n\nor other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the\nServices or any information, products and materials provided through the Services.\n14.2 Without prejudice to the generality of the foregoing, DingTalk does not warrant: (i) the accuracy,\ntimeliness, adequacy or completeness of the Services; (ii) that your use of and/or access to the Services, or\nthe operation of the Services, will be uninterrupted, secure or free from errors or omissions or that any\nidentified defect will be corrected; (iii) that the Services will meet your requirements or that the Application\nis free from any virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) that\nuse of the Services by you will not infringe rights of third parties; or (v) that the products, services, materials\nand information provided through the Services are appropriate or available for use in your jurisdiction. In the\nevent that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to any\ncontent on the Services, you shall forthwith discontinue access to such content or comply with such\nrestrictions (as the case may be).\n14.3 You acknowledge and agree that DingTalk does not warrant the security of any information transmitted\nby or to you using the Services and you hereby accept the risk that any information transmitted or received\nusing the Services may be accessed by unauthorised third parties and/or disclosed by DingTalk and by its\nofficers, employees or agents to third parties purporting to be you or purporting to act under your authority.\n14.4 You will not hold DingTalk or any of its officers, employees or agents responsible or liable, in contract,\ntort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure\nor for any Loss (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a\nresult of any such access or disclosure.\n \n15. EXCLUSION OF LIABILITY AND INDEMNITY\n15.1 Under no circumstance shall DingTalk be liable for any failure of or delay in providing the Services\nowing to Internet connection failure, breakdown of computers, communication or other systems, power\nfailure, strike, labor dispute, rebellion, insurrection, riot, lack of productivity or production materials, fire,\nflood, storm, explosion, force majeure, war, government act, order from international or domestic court, or\nomission of a third party.\n15.2 DingTalk shall in no event nor for any reason whatsoever be liable, even if DingTalk has been advised\nof the possibility of such Loss, for any Loss, including direct, indirect, special, or consequential damage, or\neconomic loss, arising from or in connection with:\na. any access, use or the inability to access or use the Services or Third Party Services, including in\nconnection with any maintenance, breakdown, fault or non-availability of any part of the Service;\nb. your use or misuse of the Servicesor Third Party Services;\nc. any defect, error, imperfection, fault, mistake or inaccuracy with the Servicesor Third Party Services,\nits contents or associated services;\nd. errors or omissions in the Content (including User Content);\ne. the use of, access to, or denial of access to Content (including User Content);\nf. any system, server or connection failure, error, omission, interruption, delay in transmission,\nundeliverable messages, problem with your computer (or such other access or electronic device\nincluding but not limited to cellular telephones, smart phones and personal digital assistants), computer\nvirus or other malicious, destructive or corrupting code, agent program or macros;\ng. fees incurred by purchasing or obtaining any product, sample, data or information, or by conducting\ntransaction through the Servicesor Third Party Services, or by other alternative acts;\nh. unauthorized storage, modification or transmission of data;\ni. any services, products, information, data, software or other material obtained through the Services or\nThird Party Services, or through the use of the Servicesor Third Party Services or reliance on the\nServices or Third Party Services or the contents thereof;\nj. representation or act conducted by a third party through the Servicesor Third Party Services; or\nk. damages caused by other matters relating to the Servicesor Third Party Services, including negligence.\n\n15.3 You fully understand and agree that the Application and Services operate in an Internet based\nenvironment, hence the information and personal materials shared by you in the Services may be copied,\nreposted, modified without permission, or used for illegal purposes by others. You have been fully aware of\nsuch risks, and hereby acknowledge that you shall take such risks on your own, for which DingTalk shall not\nbe liable.\n15.4 You understand and agree that there might be risks in the use of the Services, including without\nlimitation being subject to any threatening, defamatory, objectionable, infringing (including without\nlimitation infringing the Intellectual Property Rights), anonymous or pseudonymous information from others,\nand you bear all Losses incurred by you in connection with such risks.\n15.5 The exclusions in this Clause 15 and the other provisions of the Agreement shall take effect to the\nfullest extent permitted by law. If for any reason DingTalk’s liability may not be so excluded, to the\nmaximum extent permitted under law, the maximum aggregate liability of DingTalk in connection with your\nuse or inability to use the Services and/or otherwise in connection with the Agreement or any breach thereof\nshall not exceed USD100.\n15.6 You shall indemnify and hold harmless and keep DingTalk indemnified in full against all and any Loss\nhowsoever arising which may be brought against or suffered or incurred by DingTalk arising from or which\nis directly or indirectly related to:\na. your access to and/or use of the Servicesor Third Party Services and/or any other person or entity's use\nof the Services or Third Party Services where such person or entity was able to access and/or use the\nServices or Third Party Services by using your DingTalk ID and/or Account (where applicable);\nb. where you have access to an Administrator Account, the acts and omissions of the Members of your\nDingTalk Group in connection with the Services and Third Party Services; and/or\nc. any breach or non-observance of any of the Agreement (including any warranty, representation and\nobligation therein) by you or by any other person or entity where such person or entity was able to\naccess and/or use the Servicesor Third Party Services by using your DingTalk ID or Account.\n \n16. LIABILITY FOR BREACH AND COMPENSATION\n16.1 If DingTalk discovers or receives reports from others that you have breached the Agreement, DingTalk\nshall without prejudice to its rights and remedies at law, have the right to delete and/or block your User\nContent at any time without any notice, and take such further measures as DingTalk deems appropriate in its\nsole and absolute discretion including without limitation restricting, suspending or terminating your use of\nyour Account and Services, restricting, suspending or terminating your use of all or part of the Services\n(including but not limited to terminating your relationship with the relevant DingTalk Group and/or\nMembers, deleting your contact list and restricting the addition of new Members to the relevant DingTalk\nGroup, message delivery or addition of new friends), and holding you legally liable thereto.\n16.2 You agree that if any claim or demand is made by any third party against DingTalk and/or its affiliates,\nor any Loss is incurred by DingTalk and/or its affiliates, due to or resulting from the information uploaded,\ntransmitted or share by you through the Services, your use of other functions of the Services, your breach\nhereof or your infringement of any rights or interests of others, you shall make full compensation (including\nwithout limitation reasonable attorney’s fees).\n \n17. EFFECTIVE NOTICE\n17.1 Any notice or other communication in connection with the Agreement:\na. may be given personally, by post, facsimile or electronically if sent to the address or facsimile number\nthen most recently notified by the recipient to the sender;\nb. if given personally, will be deemed to have been received upon delivery;\nc. if given by post, will be deemed to have been received on the second day following posting;\n\nd. if given by facsimile, will be deemed to have been received upon production of a transmission report\nby the machine from which the facsimile was sent which indicates that the facsimile was sent in its\nentirety to the facsimile number of the recipient; and\ne. if given by DingTalk to you electronically, will be deemed to have been received upon delivery (and a\ndelivery report received by DingTalk will be conclusive evidence of delivery even if the\ncommunication is not opened by you); and\nf. if given to DingTalk electronically, will be deemed to have been received upon being opened by us.\n \n18. MISCELLANEOUS\n18.1 The Agreement and use of the Services shall be governed by and construed in accordance with\nSingapore law. Any dispute arising out of or in connection with this contract, including any question\nregarding its existence, validity or termination, shall be referred to and finally resolved by arbitration\nadministered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration\nRules of the Singapore International Arbitration Centre (\"SIAC Rules\") for the time being in force, which\nrules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore.\nThe Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.\n18.2 If any provision hereof is deemed invalid or unenforceable, such provision may be severed and the\nremaining provisions shall remain legally effective.\n18.3 You may not assign your rights under the Agreement without DingTalk’s prior written consent. You\nunderstand and consent that DingTalk may in its sole and absolute discretion transfer all of its rights and\nobligations herein to any third party.\n18.4 The Agreement will bind you and DingTalk and DingTalk’s respective successors in title and assigns.\nThe Agreement will continue to bind you notwithstanding any change in DingTalk’s name or constitution or\nDingTalk’s merger, consolidation or amalgamation with or into any other entity (in which case the\nAgreement will bind you to DingTalk’s successor entity).\n18.5 No failure or delay to exercise DingTalk’s rights under the Agreement shall operate as a waiver thereof\nnor shall such failure or delay affect DingTalk’s right to enforce its rights under the Agreement.\n18.6 DingTalk’s waiver of its rights hereunder in case of any negligence or breach hereof by the User shall\nnot be construed as its waiver of any other or subsequent similar breach by the User.\n18.7 This Agreement shall supersede all prior oral and written agreements, arrangements, undertakings and\ncommunications reached by the parties in relation to any matters hereof.\n18.8 You acknowledge and agree that DingTalk's records and any records of the communications,\ntransactions, instructions or operations made or performed, processed or effected through the Services or\nThird Party Services by you or any person purporting to be you, acting on your behalf or purportedly acting\non your behalf, with or without your consent, or any record of communications, transactions, instructions or\noperations relating to the operation of the Services or Third Party Services and any record of any\ncommunications, transactions, instructions or operations maintained by DingTalk or by any relevant person\nauthorised by DingTalk relating to or connected with the Services or Third Party Services shall be binding on\nyou for all purposes whatsoever and shall be conclusive evidence of such communications, transactions,\ninstructions or operations. You further acknowledge and agree that DingTalk’s decisions on all matters\nrelating to the Agreement will be in its sole and absolute discretion and will be final and binding on you.\n18.9 No person or entity who is not a party to the Agreement shall have any right under the Contracts (Rights\nof Third Parties) Act (Chapter 53B of Singapore) or other similar laws to enforce any term of the Agreement,\nregardless of whether such person or entity has been identified by name, as a member of a class or as\nanswering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted\nassignee or transferee of the Agreement.\n \n\n19. CONTACT INFORMATION\nYou may contact us via Mobile APP-Me-Help- My Customer Services to have online Consultation, or\nthrough e-mail: [email protected].\n \n \nJapan Addendum to DingTalk Terms of Service\nIn addition to, or in place of, the relevant terms of DingTalk Terms of Service above, the following additional\nterms (this “Addendum”) are applicable in respect of any users located in Japan. This Addendum forms part\nof DingTalk Terms of Service and any definitions used in DingTalk Terms of Service above shall have the\nsame meaning in this Addendum. Notwithstanding anything else in this Agreement, if there is any conflict or\ninconsistency between this Addendum and any terms in DingTalk Terms of Service above, this Addendum\nshall prevail only to the extent of the conflict or inconsistency.\n1. Clause 15.5 shall be replaced with the following provision.\nThe exclusions in this Clause 15 and the other provisions of the Agreement shall take effect except in the\ncases where DingTalk’s intentional act or gross negligence causes any Loss or damage to you, and to the\nfullest extent permitted by law, the maximum aggregate liability of DingTalk in connection with your use or\ninability to use the Services and/or otherwise in connection with the Agreement or any breach thereof shall\nnot exceed USD100.\n2. The following clause shall be added:\nYou consent that your personal information as defined in the Act on the Protection of Personal Information\n(Act No. 57 of 2003) may be transferred to any countries in which any provider of any Third Party Service or\nany other third parties DingTalk may have contract with operate their businesses including but not limited to\nSingapore.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Evernote","url":"https://evernote.com/intl/en/legal/terms-of-service","lang":"ENG","sector":"Work","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"21.07.2021"},"document":{"title":"","text":"Legal Information\nPrivacy Center\nTerms of Service\nUser Guidelines\nCommercial Terms\nEvernote Teams\nAgreement\nGlossary\nIP Compliance\nProgram\nTrademark Use\nInformation for\nAuthorities\nOpen Source\nLicenses\nLegal Document\nUpdates\nEffective Date: July 21, 2021 - What’s new »\nWelcome to Evernote! We invite you to access our\nwebsites and use the Evernote Service, but please\nnote that your invitation is subject to your agreement\nwith these Terms of Service. This document describes\nin detail your rights and our rights relating to the\nprovision of the Evernote Service, so please review\nthese Terms carefully. Capitalized terms that are not\ndefined in this document are defined in our Glossary. \nWhat Are the Terms of\nService?\nThe Terms of Service constitutes a contract between\nEvernote and you. The Terms include the provisions\nset forth in this document and in the Evernote Privacy\nPolicy, Commercial Terms, User Guidelines, IP\nCompliance Program, and if applicable the Evernote\nBusiness Agreement or Evernote Teams\nAgreement, and other terms or conditions that may\nbe presented by us and accepted by you from time to\ntime in connection with specific Evernote Service\nofferings (all of which we collectively refer to as the\n“Terms of Service” or “Terms”). If you do not agree to\nthese Terms, you do not have the right to access or\nuse the Evernote Service. If you do register for or\nTerms of Service\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\notherwise use the Evernote Service you shall be\ndeemed to confirm your acceptance of the Terms and\nyour agreement to be a party to this binding\ncontract. \nBy using the Evernote Service, you acknowledge,\naccept and agree with all provisions of the Privacy\nPolicy, including, without limitation, the use and\ntreatment of the Content in your account and your\npersonal information in accordance with such Privacy\nPolicy.\nWhat Is the Evernote\nService?\nThe Evernote Software and other products, services\nand websites hosted or made available by Evernote,\nincluding our downloadable applications, App Center,\nUser Forum, and Help & Learning are collectively\nreferred to in these Terms as the “Evernote Service.”\nIn exchange for being enabled to use the Evernote\nService, you agree to abide by these Terms.\nIf This Is a Contract,\nWho Are the Parties?\nYou, the Account Holder, are one party to this\ncontract. (An Account Holder is the person or entity\nwho has contracted with Evernote.) \nIf you reside in the United States or Canada, then the\nother party to this contract is Evernote Corporation, a\ncorporation headquartered in California. If you reside\nin Brazil, then the other party to this contract is\nEvernote do Brasil Serviços de Aplicações Ltda., a\ncompany headquartered in the city of São Paulo,\nState of Sao Paolo, Brazil (“Evernote Brasil”). If you\nreside outside of the United States, Canada and\nBrazil, then the other party to this contract is Evernote\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nGmbH, a company headquartered in Zurich,\nSwitzerland. (Evernote Corporation, Evernote GmbH\nand Evernote Brasil, as applicable, may be referred to\nin these Terms of Service as “Evernote,” “we” and\nsometimes “us”).\nOn some occasions, you may be purchasing products\nor service subscriptions from an authorized reseller.\nPlease review our Commercial Terms for information\nabout additional contract terms relating to such\npurchases.\nIs This the Only\nContract I Have with\nEvernote?\nIt depends upon how you interact with the Evernote\nService and our software applications. If you install\nany Evernote Software on your computing devices,\nyou may be asked to agree to an end user license\nagreement. If you pay for an Evernote subscription,\nyou will be asked to agree to the Commercial Terms. If\nyou use related Evernote products or services (such as\nEvernote Teams) or participate in our User Forum, you\nmay also need to enter into a separate agreement\nwith us (usually by clicking “accept” or “agree”). We\nrefer to each of these as a “Separate Agreement.” If\nthat happens, the Separate Agreement shall take\nprecedence if there is a conflict between those terms\nand this Terms of Service document, to the extent of\nsuch conflict and with respect to the particular\nsubject matter of that Separate Agreement.\nWill These Terms of\nService Ever Change?\nThese Terms may be amended as new features,\ntechnology, or legal requirements arise, so please\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\ncheck back from time to time. If we make a significant\nchange, we’ll notify you and, where required, seek\nyour consent.\nIf we do update these Terms, you are free to decide\nwhether to accept the updated terms or to stop using\nthe Evernote Service (see “How is My Account\nClosed” below); your continued use of the Evernote\nService after the effectiveness of that update will be\ndeemed to represent your agreement with, and\nconsent to be bound by, the new Terms. Except for\nchanges made by us as described here, no other\namendment or modification of these Terms shall be\neffective unless set forth in a written agreement\nexpressly amending these Terms and bearing a\nwritten signature by you and us. For clarity, email or\nother communications will not constitute an effective\nwritten agreement for this purpose.\nWhat Do I Have to do\nto Use the Evernote\nService?\nFirst, you need to create an Evernote Service account.\nYou create an account by providing us with an email\naddress and creating a password. (Some older\naccounts also required a username.) We refer to this\nas your “Basic Subscriber Information”. We\nencourage you to use a distinct and non-obvious\npassword that is different from passwords you use for\nany other service. You are responsible for maintaining\nthe accuracy, completeness and confidentiality of\nyour Basic Subscriber Information, and you will be\nresponsible for all activities that occur under your\naccount, including activities of others to whom you\nhave provided your Basic Subscriber Information. We\nwill not be liable for any loss or damage arising from\nyour failure to provide us with accurate information or\nto keep your Basic Subscriber Information secure. If\nyou discover any unauthorized use of your Basic\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nSubscriber Information or suspect that anyone may\nbe able to access your private Content without\nauthorization, you should immediately change your\npassword and notify our Customer Support team.\nSecond, you will need to access your account through\na web browser or by installing our client software on\nyour computers, tablets and phones. Obtaining those\ndevices and paying for their connectivity and data\nplans is your responsibility. Evernote also has no\nresponsibility for the availability of the Internet and\nother telecommunication services necessary to access\nthe Evernote Service.\nCan I Share My\nAccount with Someone\nElse?\nEvernote Service accounts should not be shared. If\nyou share your Basic Subscriber Information with\nanyone, that other person may be able to take control\nof the account, and we may not be able to determine\nwho is the proper Account Holder. We will not have\nany liability to you (or anyone you share your Basic\nSubscriber Information with) as a result of your or\ntheir actions under those circumstances. Since you\nmay use a free Evernote Service account, and since\nwe provide a number of mechanisms to allow you to\nshare your account Content with others, we strongly\nurge you not to share your information with anyone,\nunless you are doing so as part of your estate\nplanning purposes, as discussed below.\nOnce I Have an\nAccount, What Are My\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nRights in the Evernote\nService?\nOnce your account is created and you accept these\nTerms, we grant you a limited, non-exclusive license\nto use the Evernote Service subject to these Terms, for\nso long as you are not barred from receiving the\nEvernote Service under the laws applicable to you,\nuntil you close your account voluntarily or until we\nclose your account pursuant to these Terms. In\naddition, we grant you a personal, worldwide, royalty-\nfree, non-assignable and non-exclusive license to use\nthe Evernote Software provided to you by or on\nbehalf of Evernote, for the sole purpose of enabling\nyou to use the Evernote Software and enjoy the\nbenefit of the Evernote Service, subject to any\napplicable license terms provided with the Evernote\nSoftware and these Terms, until your rights are\nterminated in accordance with such license and/or\nthese Terms. You do not obtain any other right or\ninterest in Evernote or the Evernote Service.\nEvernote’s Data\nProtection Laws Say\nMy Data Is Mine –\nWhat Does That Mean?\nYou retain copyright and any other rights you already\nheld in your Content before you submitted, posted or\ndisplayed it on or through the Evernote Service. But\nyou do have to grant Evernote a limited license, as\ndescribed below, so we can make your data accessible\nand usable on the Evernote Service. Other than this\nlimited license and other rights you grant in these\nTerms, Evernote acknowledges and agrees that we do\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nnot obtain any right, title or interest from you under\nthese Terms in any of your Content.\nWhat Is the License I\nHave to Grant to\nEvernote?\nIn order to enable Evernote to operate the Evernote\nService, we must obtain from you certain limited\nlicense rights to process your Content that is covered\nby intellectual property rights so that technical\nactions we take in operating the Evernote Service are\nnot considered legal violations. For example,\ncopyright laws could prevent us from processing,\nmaintaining, storing, backing-up and distributing\ncertain Content, unless you give us these rights.\nAccordingly, by using the Evernote Service and\nuploading Content, you are granting Evernote a\nlicense to display, perform and distribute your\nContent and to modify (for technical purposes, e.g.,\nmaking sure content is viewable on smartphones as\nwell as computers and other devices) and reproduce\nsuch Content to enable Evernote to operate the\nEvernote Service. You also agree that Evernote has\nthe right to elect not to accept, post, store, display,\npublish or transmit any Content in our sole\ndiscretion. \nYou agree that these rights and licenses are royalty\nfree, transferable, sub-licensable, worldwide and\nirrevocable (for so long as your Content is stored with\nus), and include a right for Evernote to make such\nContent available to, and pass these rights along to,\nothers with whom Evernote has contractual\nrelationships related to the provision of the Evernote\nService, solely for the purpose of providing such\nservices, and to otherwise permit access to or disclose\nyour Content to third parties if Evernote determines\nsuch access is necessary to comply with its legal\nobligations.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nIf you elect to use any third-party service or\napplication that is integrated with Evernote, you also\nagree that the licenses granted to Evernote in the\npreceding paragraph shall apply to Content that is\nsubmitted or uploaded through such third-party\nservice or application. If the third-party service or\napplication you elect to use would access or extract\nContent, you grant Evernote the right and license to\nenable third-party access to and extraction of your\nContent. Evernote does not assume any responsibility\nfor, or liability on account of, the actions or omissions\nof such third-party applications or service providers.\nAs we rely upon your rights to upload and distribute\nyour Content, you represent and warrant to Evernote\nthat (1) you have the unfettered legal rights and\nauthority to submit your Content to Evernote, to make\nany other use, publication or other distribution of that\nContent in your use of the Evernote Service, and to\ngrant the rights granted to Evernote under these\nTerms; and (2) your Content complies with our User\nGuidelines and these Terms.\nFinally, you understand and agree that Evernote, in\nperforming the required technical steps to provide\nthe Evernote Service to our users, may make such\nchanges to your Content as are necessary to conform\nand adapt that Content to the technical requirements\nof connecting networks, devices, services or media. \nWhat Other\nAssurances Do I Have\nto Grant to Evernote?\nWhen you use the Evernote Service to send messages\nto an email address, to a telephone number via SMS,\nor through a social media account (e.g., Facebook or\nLinkedIn) that has not been linked to an Evernote\naccount, Evernote sends such messages on your\nbehalf, and we are relying on your representation to\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nus that you have a direct relationship with the\nrecipient(s) and that you are respecting the legal\nrights of the recipient(s) not to receive certain kinds\nof messages (such as harassing messages, unsolicited\ncommercial messages, and unwanted SMS\nmessages). Whenever you send any kind of message\nto a third party you represent and warrant to Evernote\nthat you are acting within the law and that you have\nprior consent from the recipient to send them such a\nmessage.\nAre There Rules about\nWhat I Can Do on the\nEvernote Service?\nYes. Your use of the Evernote Service must be in\naccordance with these Terms. When it comes to your\nuse of the Evernote Service, you agree that you are\nresponsible for your own conduct and all conduct\nunder your account. You agree to safeguard your\npassword and to keep your Basic Subscriber\nInformation current. You also agree that you will not\nshare your account credentials or give others access\nto your account. In addition, you understand that all\nContent created, transmitted, stored or displayed in\nyour account, is your sole responsibility as the person\nwho created the Content or introduced it into the\nEvernote Service. This applies whether the Content is\nkept private, shared or transmitted using the Evernote\nService or any third-party application or services\nintegrated with the Evernote Service. Our User\nGuidelines provide more specific details regarding\nprohibited conduct on the Evernote Service. If we find\nthat any shared Content in your account violates our\nTerms of Service (including by violating another\nperson’s intellectual property or privacy rights), we\nreserve the right to un-share or take down such\ncontent.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nI’m Guessing Evernote\nHas Some Rights\nRelating to the\nEvernote Service?\nWe do. They’re described here:\nCONTENT RIGHTS.\nWhile you own the Content you store within the\nEvernote Service (subject to third party rights), you\nacknowledge and agree that Evernote (and our\nlicensors) own(s) all legal right, title and interest in\nand to the Evernote Service, including, without\nlimitation, all software that is part of the Evernote\nService and all Evernote Software.\nINTELLECTUAL PROPERTY RIGHTS.\nIn agreeing to these Terms, you also agree that the\nrights in the Evernote Service and Evernote Software,\nincluding all intellectual property rights, such as\ntrademarks, patents, designs and copyrights, are\nprotected by one or more of copyright, trademark,\npatent, trade secret and other laws, regulations and\ntreaties, in addition to these Terms and any Separate\nAgreement. In particular, you agree to not modify,\ncreate derivative works of, decompile or otherwise\nattempt to extract source code from any Evernote\nSoftware, unless you are expressly permitted to do so\nunder an open source license, we give you express\nwritten permission or you are otherwise legally\npermitted to do so notwithstanding this prohibition. \nRIGHT TO MODIFY THE EVERNOTE SERVICE.\nWe retain the right, in our sole discretion, to\nimplement new elements as part of and/or ancillary\nto the Evernote Service, including changes that may\naffect the previous mode of operation of the Evernote\nService or Evernote Software. We expect that any such\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nmodifications will enhance the overall Evernote\nService, but it is possible that you may not agree with\nus. We also reserve the right to establish limits to\ncertain features based on factors such as the device,\noperating system and/or client that you use, the\nnature or size of storage available to you, the number\nof transmissions, the ability to send or receive email\nmessages, the nature or size of any index or library\ninformation, the nature of, or your continued ability to\naccess or distribute, your Content and other data, and\nimpose other limitations at any time, with or without\nnotice. For example, if you use a free version of the\nEvernote Service, you will not enjoy all of the benefits\nprovided to subscribers of Evernote's Paid Service\nofferings. \nYou also acknowledge that a variety of Evernote\nactions may impair or prevent you from accessing\nyour Content or using the Evernote Service at certain\ntimes and/or in the same way, for limited periods or\npermanently, and agree that Evernote has no\nresponsibility or liability as a result of any such actions\nor results, including, without limitation, for the\ndeletion of, or failure to make available to you, any\nContent. You agree that we shall not be liable to you\nor to any third party for any modification, suspension\nor discontinuance of any part of the Evernote Service.\nHowever, if you are a subscriber to a Paid Service and\nfind that any such modifications or interruption of the\nPaid Service adversely affects you, you may notify our\nCustomer Support team, explain the adverse impact\nthe modification has created and, if you desire,\nrequest a termination of your Paid Service. Upon\nreceipt of any such request, we will endeavor to\npromptly remedy the adverse impact caused by the\nmodification, extend the duration of your Paid Service\nsubscription for a period of time equal to the\ninterruption and/or refund a portion of your Paid\nService subscription fee equal to the remaining\nunused term of the Paid Service subscription, as we\ndetermine appropriate or as may be required by\napplicable law.\nRIGHT TO ENGAGE THIRD PARTIES.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nEvernote engages certain affiliates or other third\nparties (“Service Providers”) to provide technical or\nother services relating to all or part of the Evernote\nService, and you hereby agree that such involvement\nby these Service Providers is acceptable. In addition,\nEvernote may contract with third-party resellers of the\nPaid Service and payment processors to enable\npayments in your local currency and payment\nsystems. Please see our Privacy Policy to understand\nthe extent to which any affiliate or third party may\nhave access to your account information or Content\nand our Commercial Terms to understand our\nrelationship with any reseller or payment processor. \nRIGHT TO USE THIRD-PARTY SOFTWARE.\nEvernote may from time to time include as part of the\nEvernote Service and Evernote Software computer\nsoftware supplied by third parties which is utilized by\npermission of the respective licensors and/or\ncopyright holders on the terms provided by such\nparties. We provide information about some of this\nthird-party software here and within the particular\nEvernote Software. Evernote expressly disclaims any\nwarranty or other assurance to you regarding such\nthird-party software. \nRIGHT TO UPDATE OUR SOFTWARE.\nIn connection with any modification of the Evernote\nService, Evernote may automatically download\nsoftware updates on your computers and devices\nfrom time to time with the intention of improving,\nenhancing, repairing and/or further developing the\nEvernote Service. Evernote will endeavor to provide\nyou with the option of whether or not to install the\nupdate; however, in certain circumstances (e.g.,\nsecurity risks), Evernote may require you to install the\nupdate to continue accessing the Evernote Service. In\nall cases, you agree to permit Evernote to deliver\nthese updates to you (and you to receive them) as\npart of your use of the Evernote Service.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nDo These Terms Apply\nto Evernote Business\nand Teams Users?\nIf you are using the Evernote Service as part of a\nMulti-Seat Account (Evernote Business or Teams),\nyour use of the Evernote Service is governed by these\nTerms, except to the extent the Separate Agreement\ngoverning your account provides conflicting terms. If\nyou subscribed through our online Evernote Business\nAgreement, your subscription will now be governed\nby the Evernote Teams Agreement. The Customer\nwho has contracted with Evernote and the\nAdministrator of the account (as “Customer” and\n“Administrator” are defined in the applicable\nagreement) have the responsibility to and agree to\nshare the terms of such Separate Agreement with\neach individual End User whose user account is linked\nto the Evernote Teams Account.\nIf you are an End User of such an account, please\nnote that the Customer of your account (such as your\nemployer or organization) may have established its\nown rules regarding End Users’ access, use,\ndisclosure, or retention of data stored in that account.\nIf you registered your Individual Account in\nconnection with a legacy Evernote Business Account\nbefore September 15, 2017, you can find more\ninformation on how to update that Individual Account\nwith your personal email address in this Help and\nLearning article.\nHow Does Evernote\nRespond to Copyright\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nor Other Intellectual\nProperty Violations?\nWe respond to clear and complete notices of alleged\ninfringement of copyright, trademark or other\nintellectual property laws that satisfy the\nrequirements in these Terms (which comply with\nthe United States Digital Millennium Copyright Act\nand other applicable laws). If you believe that your\nintellectual property rights have been violated, please\nnotify our Compliance team according to the\ninstructions provided by our IP Rights Compliance\nProgram and your notification will be processed in\naccordance with our policies and as contemplated by\nlaw. Evernote account holders who are deemed\nrepeat infringers pursuant to Evernote’s Repeat\nInfringer Policy will, in appropriate circumstances, be\nterminated pursuant to that policy. Note that each\nowner of intellectual property is responsible for\nprotecting their rights and taking any legal or other\naction they determine to be appropriate to do so, and\nEvernote does not accept any obligation to take any\nparticular action to enforce or protect any party’s\nintellectual property rights on their behalf.\nCan Kids Use\nEvernote?\nEvernote is not directed to minors, and any use by\nminors should only be done with the guidance,\nsupervision and consent of their parents, guardians\nand/or authorized school officials. Further, we rely on\nparents and guardians to ensure minors only use the\nEvernote Service if they can understand their rights\nand responsibilities as stated in these Terms and our\nPrivacy Policy. \nConsistent with applicable law, Evernote does not\nknowingly collect personal information from minors\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nwithout parental consent. If we learn that we have\ninadvertently obtained information in violation of\napplicable laws prohibiting collection of information\nfrom children without such consent, we will promptly\ndelete it. \nWhere Does My Data\nGo?\nThe Evernote Service is available worldwide, but your\ndata is stored in the United States, as described in our\nPrivacy Policy. If you use the Evernote Service, you\nacknowledge that you may be sending electronic\ncommunications (including your Basic Subscriber\nInformation and Content), through computer\nnetworks owned by Evernote, its Service Providers,\nand other third parties located in California and other\nlocations in the United States and other countries. As\na result, your use of the Evernote Service will likely\nresult in interstate and possibly international data\ntransmissions, and your use of the Evernote Service\nshall constitute your consent to permit such\ntransmissions.\nHow is My Account\nClosed?\nYou may deactivate your account with our Evernote\nService at any time, for any reason (or no reason).\nHowever, if you want to deactivate your account you\nneed to take certain specific steps, which are\ndescribed in our Help & Learning article entitled\n“How do I deactivate my account?”. If you subscribe\nto a Paid Service, you will need to cancel your\nsubscription pursuant to our Commercial Terms. \nEvernote may act to temporarily limit your use of the\nEvernote Service, suspend access to your account, or\nclose your account, with or without notice according\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nto these Terms. Reasons for Evernote suspending or\nclosing your account may include, without limitation:\n(i) breach or violation of these Terms (including the\nUser Guidelines) or any Separate Agreement, (ii) an\nextended period of inactivity (determined in\nEvernote’s sole discretion), (iii) your nonpayment of\nany fees or other sums due Evernote or any other\nparty related to your use of the Evernote Service, (iv)\nthe discontinuance or material modification of the\nEvernote Service (or any part thereof) or (v)\nunexpected technical or security issues or problems\nor extensive Unsupported Use.\nIn most cases, in the event we elect to close your\naccount, we will provide at least 30 days advance\nnotice to you at the email address you have provided\nto us, so you have a chance to retrieve any Content\nstored on the Evernote Service servers (unless we\ndetermine that we are legally prohibited from\nproviding such notice or enabling you to do so). After\nthe expiration of this notice period, you will no longer\nbe able to retrieve Content contained in that account\nor otherwise use the Evernote Service through that\naccount.\nWhat Happens to My\nAccount when I Die?\nEvernote’s pledge to protect the privacy of your\nContent will continue, even after your death or\nincapacity. If you wish to enable someone to have\naccess to your Content or other data in your account\nafter you are no longer able to provide them access,\nyou need to implement a process for providing your\ninformation to them. We will not provide your\ninformation, or your Content, to anyone, even next of\nkin, unless we determine that we are legally obligated\nto do so. We encourage you to include your Basic\nSubscriber information, with instructions on how to\naccess your Content, in your will or other estate plans,\nso that anyone you wish to have access to your\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\naccount will have the means to do so. Please see our\nCommercial Terms for information on terminating\npayment for Paid Services upon death or incapacity. \nIf I Have a Great Idea\nto Share with Evernote,\nWhat Are My Rights?\nWhen you submit any ideas, suggestions, documents\nand/or proposals relating to the Evernote Service (or\nother products or services) to Evernote through the\n“Contact Us,” User Forum or Support interfaces or\nthrough any other channel or mechanism\n(collectively, “Contributions”), you acknowledge and\nagree that: (i) your Contributions do not contain\nconfidential or proprietary information; (ii) Evernote is\nnot under any obligation of confidentiality, express or\nimplied, with respect to the Contributions; (iii)\nEvernote shall be entitled to use or disclose (or\nchoose not to use or disclose) such Contributions for\nany purpose, in any way; (iv) Evernote may have\nsomething similar to the Contributions already under\nconsideration or in development; (v) your\nContributions automatically become the property of\nEvernote without any obligation of Evernote to you;\nand (vi) you are not entitled to any accounting,\ncompensation or reimbursement of any kind from\nEvernote under any circumstances.\nDoes Evernote Serve\nAds?\nOur business model is to make the Evernote Service\nso valuable that our users will want to subscribe to a\nPaid Service. However, we may display\nadvertisements and promotions on or in connection\nwith the Evernote Service, some of which may be paid\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nfor by third parties. For more information, please see\nour Privacy Policy and Cookie Information page. \nSome advertising or other messaging content we\nprovide will be based upon information provided by\nthird parties, and we shall not be responsible or liable\nfor any loss or damage of any sort incurred by you as\na result of any advertisements or other messages.\nFurthermore, your interactions with advertisers found\non or through the Evernote Service, including,\nwithout limitation, all reliance upon advertising, all\ncommercial transactions and legal obligations\nassociated therewith, are solely between you and\nsuch advertisers.\nWhat Else Do I Need to\nKnow?\nTHIRD-PARTY LINKS, CONTENT AND\nPROGRAMMING.\nWe may include or recommend third party resources,\nmaterials and developers and/or links to third party\nwebsites, content and applications as part of, or in\nconnection with, the Evernote Service. We may have\nlittle or no control over such sites or developers and,\naccordingly, you acknowledge and agree that (i) we\nare not responsible for the availability of such\nexternal sites, content or applications; (ii) we are not\nresponsible or liable for any content or other\nmaterials or performance available from such sites or\napplications and (iii) we shall not be responsible or\nliable, directly or indirectly, for any damage or loss\ncaused or alleged to be caused by or in connection\nwith use of or reliance on any such content, materials\nor applications. \nEARLY ACCESS SERVICES.\nWe may offer you the opportunity to access features\nin a preview or early access status (“Early Access\nServices”). If you choose to access and use any Early\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nAccess Services, you agree that: (i) you are\nresponsible for any use and access to the Early Access\nServices originating from your account; (ii) the Early\nAccess Services (including any feature names) are the\nproperty of Evernote; and (iii) the Early Access\nServices are experimental, pre-release, and may not\nfunction as expected.\nAny feedback and other information provided by you\nor derived by us in connection with the Early Access\nServices may be used by Evernote to improve or\nenhance the Evernote Service and Evernote shall have\na non-exclusive, perpetual, irrevocable, royalty-free,\nworldwide right and license to use, modify and\notherwise exploit such feedback and information\nwithout restriction, provided that the public\ndisclosure of any such feedback or information\nidentifiable to you shall only be by the mutual\nagreement of you and Evernote.\nIf you choose to use any Early Access Services, you\nagree that Evernote shall have no obligation to\nsupport or provide support services to you relating to\nthe Early Access Services or any updates thereto, even\nthough we may make such services available to you at\nour sole discretion. You further agree that the\nIndemnity, Limitation of Liability and Disclaimer of\nWarranties, and Exclusions and Limitations sections\nbelow will apply to the Early Access Services too.\nINDEMNITY.\nYou agree to indemnify and hold Evernote, its\nsubsidiaries, affiliates, officers, agents, employees,\nadvertisers, Service Providers and other partners\nharmless from and against any and all claims,\nliabilities, damages (actual and consequential), losses\nand expenses (including legal and other professional\nfees) arising from or in any way related to any third\nparty claims relating to your use of any of the\nEvernote Service, any violation of these Terms of\nService or any other actions connected with your use\nof the Evernote Service (including all actions taken\nunder your account). In the event of such claim, we\nwill endeavor to provide notice of the claim, suit or\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\naction to the contact information we have for the\naccount, provided that any failure to deliver such\nnotice to you shall not eliminate or reduce your\nindemnification obligation hereunder.\nLIMITATION OF LIABILITY AND DISCLAIMER OF\nWARRANTIES.\nTo the maximum extent permitted by law, the\nEvernote Service Is Available “As Is.” YOU EXPRESSLY\nUNDERSTAND AND AGREE THAT: \na. YOUR USE OF THE EVERNOTE SERVICE AND THE\nPURCHASE AND USE OF ANY SERVICES ARE ALL\nAT YOUR SOLE RISK.\nb. THE EVERNOTE SERVICE IS PROVIDED ON AN “AS\nIS” AND “AS AVAILABLE” BASIS. TO THE\nMAXIMUM EXTENT PERMITTED BY LAW,\nEVERNOTE EXPRESSLY DISCLAIMS ALL\nWARRANTIES AND CONDITIONS OF ANY KIND,\nWHETHER EXPRESS OR IMPLIED, INCLUDING,\nBUT NOT LIMITED TO THE IMPLIED WARRANTIES\nAND CONDITIONS OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE AND NON-\nINFRINGEMENT.\nc. EVERNOTE DOES NOT WARRANT THAT (i) THE\nEVERNOTE SERVICE WILL MEET ALL OF YOUR\nREQUIREMENTS; (ii) THE EVERNOTE SERVICE\nWILL BE UNINTERRUPTED, TIMELY, SECURE OR\nERROR-FREE; OR (iii) ALL ERRORS IN THE\nEVERNOTE SOFTWARE OR EVERNOTE SERVICE\nWILL BE CORRECTED.\nd. ANY MATERIAL DOWNLOADED OR OTHERWISE\nOBTAINED THROUGH THE USE OF THE\nEVERNOTE SERVICE IS DONE AT YOUR OWN\nDISCRETION AND RISK AND YOU ARE SOLELY\nRESPONSIBLE FOR ANY DAMAGE TO YOUR\nCOMPUTER OR OTHER DEVICE OR LOSS OF DATA\nRESULTING FROM THE DOWNLOAD OR USE OF\nANY SUCH MATERIAL.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\ne. NO ADVICE OR INFORMATION, WHETHER ORAL\nOR WRITTEN, OBTAINED BY YOU FROM\nEVERNOTE OR THROUGH OR FROM THE\nEVERNOTE SERVICE SHALL CREATE ANY\nWARRANTY NOT EXPRESSLY STATED IN THESE\nTERMS OF SERVICE.\nf. YOU EXPRESSLY UNDERSTAND AND AGREE THAT\nEVERNOTE, ITS SUBSIDIARIES, AFFILIATES,\nSERVICE PROVIDERS, AND LICENSORS, AND OUR\nAND THEIR RESPECTIVE OFFICERS, EMPLOYEES,\nAGENTS AND SUCCESSORS SHALL NOT BE\nLIABLE TO YOU FOR ANY DIRECT, INDIRECT,\nINCIDENTAL, SPECIAL, CONSEQUENTIAL OR\nEXEMPLARY DAMAGES, INCLUDING BUT NOT\nLIMITED TO, DAMAGES FOR LOSS OF PROFITS,\nGOODWILL, USE, DATA, COVER OR OTHER\nINTANGIBLE LOSSES (EVEN IF EVERNOTE HAS\nBEEN ADVISED OF THE POSSIBILITY OF SUCH\nDAMAGES) RESULTING FROM: (i) THE USE OR\nTHE INABILITY TO USE THE EVERNOTE SERVICE\nOR TO USE PROMOTIONAL CODES OR\nEVERNOTE POINTS; (ii) THE COST OF\nPROCUREMENT OF SUBSTITUTE SERVICES\nRESULTING FROM ANY DATA, INFORMATION OR\nSERVICE PURCHASED OR OBTAINED OR\nMESSAGES RECEIVED OR TRANSACTIONS\nENTERED INTO THROUGH OR FROM THE\nEVERNOTE SERVICE; (iii) UNAUTHORIZED ACCESS\nTO OR THE LOSS, CORRUPTION OR ALTERATION\nOF YOUR TRANSMISSIONS, CONTENT OR DATA;\n(iv) STATEMENTS OR CONDUCT OF ANY THIRD\nPARTY ON OR USING THE EVERNOTE SERVICE,\nOR PROVIDING ANY SERVICES RELATED TO THE\nOPERATION OF THE EVERNOTE SERVICE; (v)\nEVERNOTE’S ACTIONS OR OMISSIONS IN\nRELIANCE UPON YOUR BASIC SUBSCRIBER\nINFORMATION AND ANY CHANGES THERETO OR\nNOTICES RECEIVED THEREFROM; (vi) YOUR\nFAILURE TO PROTECT THE CONFIDENTIALITY OF\nANY PASSWORDS OR ACCESS RIGHTS TO YOUR\nACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY\nTHIRD PARTY USING OR INTEGRATING WITH THE\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nEVERNOTE SERVICE; (viii) ANY ADVERTISING\nCONTENT OR YOUR PURCHASE OR USE OF ANY\nADVERTISED OR OTHER THIRD-PARTY PRODUCT\nOR SERVICE; (ix) THE TERMINATION OF YOUR\nACCOUNT IN ACCORDANCE WITH THE TERMS OF\nTHESE TERMS OF SERVICE; OR (x) ANY OTHER\nMATTER RELATING TO THE EVERNOTE SERVICE.\nEXCLUSIONS AND LIMITATIONS.\nNOTHING IN THESE TERMS OF SERVICE (INCLUDING\nTHE LIMITATION OF LIABILITY PROVISIONS) IS\nINTENDED TO EXCLUDE OR LIMIT ANY CONDITION,\nWARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE\nLAWFULLY EXCLUDED OR LIMITED. SOME\nJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF\nCERTAIN WARRANTIES OR CONDITIONS OR THE\nLIMITATION OR EXCLUSION OF LIABILITY FOR LOSS\nOR DAMAGE CAUSED BY WILLFUL ACTS,\nNEGLIGENCE, BREACH OF CONTRACT OR BREACH\nOF IMPLIED TERMS, OR INCIDENTAL OR\nCONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY\nTHOSE LIABILITY AND OTHER LIMITATIONS WHICH\nARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL\nAPPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE\nMAXIMUM EXTENT PERMITTED BY LAW.\nIf Evernote Has to Send\nMe Notice of\nSomething, How Will\nThat Happen?\nThis is another reason why it’s important for you to\nmake sure your Basic Subscriber Information is\naccurate, complete and up to date. We may provide\nyou with notices by email (to the email address\nassociated with your account), regular mail or\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\npostings on the website(s) related to the affected\nEvernote Service.\nHow Can I Send a\nNotice to Evernote?\nExcept where these Terms or any Separate Agreement\nspecifically provide for use of a different means or\naddress for notice, any notice to Evernote must be\ndelivered by email to [email protected]. This\nemail address may be updated as part of any update\nto these Terms of Service. If you are unable to deliver\nnotice via email, you may send a notice to us at the\nfollowing address (as applicable to your Service\nprovider): \nEvernote Corporation\n305 Walnut Street\nRedwood City, California 94063 USA\nAttention: Legal Notice\nEvernote GmbH\nc/o Centralis Switzerland GmbH\nDufourstrasse 101\n8008 Zürich, Switzerland\nAttention: Legal Notice\nEvernote Do Brasil Serviços De\nAplicações Ltda\nFederal Taxpayer Registration CNPJ/MF no\n17.566.240/0001-50\nAvenida Paulista, no 2.300\nAndar Pilotis\nEdifício São Luiz Gonzaga\nCEP: 01310-300, São Paulo/SP\nAttention: Legal Notice\nAre There Countries\nWhere I’m Not Allowed\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nto Use Evernote?\nYou may not use or otherwise export the Evernote\nService or any Evernote Software except as authorized\nby United States (“U.S.”) law and the laws of the\njurisdiction in which the Evernote Service is hosted or\nwhere you use the Evernote Service. In particular, but\nwithout limitation, the Evernote Software may not be\n(i) exported or re-exported into any countries that are\nsubject to U.S. economic sanctions or (ii) provided to\nor used by anyone on the U.S. Department of the\nTreasury's lists of Foreign Sanctions Evaders or\nSpecially Designated Nationals or the U.S.\nDepartment of Commerce Denied Persons,\nUnverified, or Entity lists. By using the Evernote\nService, you represent and warrant that you are not\nlocated in any such country or on any such list, and\nshall not use the Evernote Service, or provide access\nto or use of the Evernote Service to anyone, in any\nsuch country. In addition, you are responsible for\ncompliance with applicable export control, economic\nsanctions and related laws when you travel across\ninternational borders and access your Content.\nWhat Law Applies to\nMy Use of Evernote?\nIf you are a resident of the United States or Canada,\nthese Terms and the relationship between you and\nEvernote (including any dispute) shall be governed in\nall respects by the laws of the State of California,\nUnited States of America, as they apply to\nagreements entered into and to be performed\nentirely within California between California\nresidents, without regard to its conflict of law\nprovisions. \nIf you reside in Brazil, these Terms and the\nrelationship between you and Evernote (including\nany dispute) shall be governed in all respects by the\nlaws of Brazil and shall be considered to have been\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nmade and accepted in Brazil, without regard to\nconflict of law provisions.\nIf you reside outside of the United States, Canada,\nand Brazil, these Terms and the relationship between\nyou and Evernote (including any dispute) shall be\ngoverned in all respects by the laws of Switzerland\nand shall be considered to have been made and\naccepted in Switzerland, without regard to conflict of\nlaw provisions.\nIf any provision of these Terms of Service is found by a\ncourt of competent jurisdiction to be invalid, the\nparties nevertheless agree that the court should\nendeavor to give effect to the parties’ intentions as\nreflected in the provision, and the other provisions of\nthe Terms of Service remain in full force and effect.\nWhat Do I Do If I Think I\nHave a Claim Against\nEvernote?\nLET US KNOW ABOUT YOUR COMPLAINT.\nWe want to know if you have a problem so we\nencourage you to contact our Customer Support\nteam if you have any concerns with respect to the\noperation of the Evernote Service or any Evernote\nSoftware, as we want to ensure that you have an\nexcellent experience. \nINITIATING A FORMAL CLAIM.\nIf you conclude that we have not satisfied your\nconcern and that you must pursue legal action, you\nagree that your claim must be resolved by the\nprocesses set forth in these Terms. Evernote provides\nthe Evernote Service to you on the condition that you\naccept the dispute resolution provisions described\nbelow, so if you initiate any claim against Evernote in\nany other manner, you shall be in violation of these\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nTerms and you agree that Evernote shall be entitled to\nhave such action dismissed or otherwise terminated\nand you agree to reimburse Evernote for its\nreasonable costs incurred in defending against such\nimproperly initiated claim. You agree that prior to\ninitiating any formal proceedings against Evernote,\nyou will send us a notice to our attorneys at\[email protected] and state that you are\nproviding a “Notice of Dispute.” Upon receipt of a\nNotice of Dispute, you and we shall attempt to resolve\nthe dispute through informal negotiation within sixty\n(60) days from the date the Notice of Dispute is sent.\nIf the dispute remains unresolved, either you or we\nmay initiate formal proceedings according to these\nTerms. \nExcept where our dispute is being resolved pursuant\nto an arbitration (as provided below), if you are a\nresident of the United States or Canada, you agree\nthat any claim or dispute you may have against\nEvernote must be resolved exclusively by a state or\nfederal court located in San Mateo County, California.\nYou agree to submit to the exclusive personal\njurisdiction of the courts located within San Mateo\nCounty, California (and, for the avoidance of doubt, to\nexclude the jurisdiction of any other court) for the\npurpose of litigating all such claims or disputes.\nExcept where our dispute is being resolved pursuant\nto an arbitration (as provided below), if you reside in\nBrazil, you agree that any claim or dispute you may\nhave against Evernote must be resolved exclusively by\nthe courts in São Paolo-SP, Brasil. You agree to submit\nto the exclusive personal jurisdiction of the courts\nlocated within São Paolo-SP, Brasil (and, for the\navoidance of doubt, to exclude the jurisdiction of any\nother court) for the purpose of litigating all such\nclaims or disputes. \nExcept where our dispute is being resolved pursuant\nto an arbitration (as provided below), if you are not a\nresident of the United States, Canada, or Brazil, you\nagree that any claim or dispute you may have against\nEvernote must be resolved exclusively by the courts in\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nZurich, Switzerland. You agree to submit to the\nexclusive personal jurisdiction of the courts located\nwithin Zurich, Switzerland (and, for the avoidance of\ndoubt, to exclude the jurisdiction of any other court)\nfor the purpose of litigating all such claims or\ndisputes.\nALTERNATIVE DISPUTE RESOLUTION PROCESS.\nUnless you are subject to the Arbitration Agreement\nset out below, and subject to any applicable laws, if a\nclaim arises between you and Evernote where the\ntotal value of such claim is less than US$10,000, the\nparty initiating the claim may elect to have the\ndispute resolved pursuant to a binding arbitration\nprocess that does not require attendance in person.\nThis “Alternative Dispute Resolution Process” shall be\ninitiated by either party sending notice to the other, in\nwhich event you and Evernote agree to use our\nreasonable efforts to agree within thirty (30) days\nupon an individual or service to manage the\nAlternative Dispute Resolution Process (the\n“Arbitration Manager”) according to the following\nrequirements: (i) neither party shall be required to\nattend any proceeding in person, (ii) the proceeding\nwill be conducted via written submissions, telephone\nor online communications or as otherwise agreed\nupon, (iii) the fees for the Arbitration Manager will be\nborne equally by the parties or be submitted to the\nArbitration Manager to determine as part of the\ndispute and (iv) the judgment rendered by the\nArbitration Manager may be entered in any court of\ncompetent jurisdiction for enforcement. \nIf you are a resident of the European Union (EU),\nplease note that we offer this Alternative Dispute\nResolution Process, but we cannot offer you the\nEuropean Commission Dispute Platform as we do not\nhave an establishment in the EU.\nARBITRATION AGREEMENT.\nIf you reside in the United States or are otherwise\nsubject to the US Federal Arbitration Act, you and\nEvernote agree that any and all disputes or claims\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nthat have arisen or may arise between us - except any\ndispute relating to the enforcement or validity of your,\nour or either of our licensors’ intellectual property\nrights - shall be resolved exclusively through final and\nbinding arbitration, rather than in court, except that\nyou may assert claims in small claims court, if your\nclaims qualify. The Federal Arbitration Act governs the\ninterpretation and enforcement of this Arbitration\nAgreement. (Note that if you were using an Evernote\nService user prior to December 4, 2012 and formally\nelected to opt out of the Arbitration Agreement\npursuant to the procedures set out in our Terms of\nService that were effective as of December 4, 2012,\nyou are not subject to this Arbitration Agreement.)\nOur arbitration proceedings would be conducted by\nthe American Arbitration Association (\"AAA\") under\nits rules and procedures applicable at that time,\nincluding the AAA's Supplementary Procedures for\nConsumer-Related Disputes (to the extent\napplicable), as modified by our Arbitration\nAgreement. You may review those rules and\nprocedures, and obtain a form for initiating\narbitration proceedings at the AAA's website. The\narbitration shall be held in the county in which you\nreside or at another mutually agreed location. If the\nvalue of the relief sought is US$10,000 or less, either\nof us may elect to have the arbitration conducted by\ntelephone or based solely on written submissions,\nwhich election shall be binding on us subject to the\narbitrator's discretion to require an in-person\nhearing. Attendance at an in-person hearing may be\nmade by telephone by you and/or us, unless the\narbitrator requires otherwise.\nThe arbitrator will decide the substance of all claims\nin accordance with the laws of the State of California,\nincluding recognized principles of equity, and will\nhonor all claims of privilege recognized by law. The\narbitrator shall not be bound by rulings in prior\narbitrations involving different Evernote users, but is\nbound by rulings in prior arbitrations involving the\nsame user to the extent required by applicable law.\nThe arbitrator's award shall be final and binding and\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\njudgment on the award rendered by the arbitrator\nmay be entered in any court possessing jurisdiction\nover the parties, except for a limited right of appeal\nunder the Federal Arbitration Act.\nThe AAA rules will govern the payment of all filing,\nadministration and arbitrator fees, unless our\nArbitration Agreement expressly provides otherwise.\nIf the amount of any claim in an arbitration is\nUS$10,000 or less, Evernote will pay all filing,\nadministration and arbitrator fees associated with the\narbitration, so long as (i) you make a written request\nfor such payment of fees and submit it to the AAA\nwith your Demand for Arbitration and (ii) your claim is\nnot determined by the arbitrator to be frivolous. In\nsuch case, we will make arrangements to pay all\nnecessary fees directly to the AAA. If the amount of\nthe claim exceeds US$10,000 and you are able to\ndemonstrate that the costs of arbitration will be\nprohibitive as compared to the costs of litigation,\nEvernote will pay as much of the filing, administration\nand arbitrator fees as the arbitrator deems necessary\nto prevent the arbitration from being cost-prohibitive.\nIf the arbitrator determines the claim(s) you assert in\nthe arbitration are frivolous, you agree to reimburse\nEvernote for all fees associated with the arbitration\npaid by Evernote on your behalf, which you otherwise\nwould be obligated to pay under the AAA's rules.\nYOU AND EVERNOTE AGREE, AS PART OF THE\nARBITRATION AGREEMENT, THAT EACH OF US MAY\nBRING CLAIMS AGAINST THE OTHER ONLY ON AN\nINDIVIDUAL BASIS AND NOT AS PART OF ANY\nPURPORTED CLASS OR REPRESENTATIVE ACTION OR\nPROCEEDING. WE REFER TO THIS AS THE\n“PROHIBITION OF CLASS AND REPRESENTATIVE\nACTIONS.” UNLESS BOTH YOU AND WE AGREE\nOTHERWISE, THE ARBITRATOR MAY NOT\nCONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH\nANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY\nNOT OTHERWISE PRESIDE OVER ANY FORM OF A\nCONSOLIDATED, REPRESENTATIVE OR CLASS\nPROCEEDING. THE ARBITRATOR MAY ONLY AWARD\nRELIEF (INCLUDING MONETARY, INJUNCTIVE, AND\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nDECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL\nPARTY SEEKING RELIEF AND ONLY TO THE EXTENT\nNECESSARY TO PROVIDE RELIEF NECESSITATED BY\nTHAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF\nAWARDED CANNOT AFFECT OTHER EVERNOTE\nUSERS.\nExcept with respect to the Prohibition of Class and\nRepresentative Actions, if a court decides that any\npart of this Arbitration Agreement is invalid or\nunenforceable, the other parts of this Arbitration\nAgreement shall continue to apply. If a court decides\nthat the Prohibition of Class and Representative\nActions is invalid or unenforceable, then this entire\nArbitration Agreement shall be null and void. The\nremainder of these Terms and this Section (What Do I\nDo if I think I Have A Claim Against Evernote?) will\ncontinue to apply.\nCLAIMS ARE TIME-BARRED.\nYou agree that regardless of any statute or law to the\ncontrary or the applicable dispute resolution process,\nany claim or cause of action you may have arising out\nof or related to use of the Evernote Service or\notherwise under these must be filed within one (1)\nyear after such claim or cause of action arose or you\nhereby agree to be forever barred from bringing such\nclaim.\nThe provisions of this section, entitled “Claims Are\nTime-Barred” shall be deemed to constitute a\nseparate written legally binding agreement by and\nbetween you and us.\nSPECIAL NOTICE FOR CALIFORNIA USERS.\nUnder California Civil Code Section 1789.3, users of\nthe Evernote Service from California are entitled to\nthe following specific consumer rights notice: The\nComplaint Assistance Unit of the Division of\nConsumer Services of the California Department of\nConsumer Affairs may be contacted in writing at 1625\nNorth Market Blvd., Suite N 112, Sacramento, CA\n95834, or by telephone at (916) 445-1254 or (800) 952-\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\n5210. You may contact us via email at\[email protected] or at:\nEvernote Corporation\n305 Walnut Street\nRedwood City, California 94063 USA\nAttention: Legal Notice\nAnything Else?\nA couple of final, but important, points. First, these\nTerms constitute the entire agreement between you\nand Evernote and govern your use of the Evernote\nService, except for, and then only to the extent that\nyou have entered into a Separate Agreement. These\nTerms supersede any prior agreements or earlier\nversions of these Terms between you and Evernote for\nthe use of the Evernote Service as of the Effective\nDate indicated at the top of these Terms. If, through\naccessing or using the Evernote Service, you utilize or\nobtain any product or service from a third party, you\nmay additionally be subject to such third party’s\nterms and conditions applicable thereto, and these\nTerms shall not affect your legal relationship with\nsuch third party.\nSecond, you acknowledge and agree that each\naffiliate of Evernote shall be a third party beneficiary\nto these Terms and that such other companies shall\nbe entitled to directly enforce, and rely upon, any\nprovision of these Terms which confers a benefit on\n(or provides rights in favor of) them. Other than this,\nno other person or company shall be a third party\nbeneficiary to these Terms. \nFinally, the section headings in these Terms of Service\nare for convenience only and have no legal or\ncontractual effect.\nIn the event of a conflict, the English language\nversion shall govern.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nPRODUCT\nFEATURES\nCOMMUNITY\nSUPPORT\nCOMPANY\nWhy Evernote\nEvernote Free\nEvernote\nPersonal\nEvernote\nProfessional\nEvernote Teams\nCompare Plans\nStudent Discount\nDownload App\nWeb Clipper\nTemplates\nSpaces\nIntegrations\nNotes Sync\nPDF & Doc Search\nSearch\nHandwriting\nDocument\nScanning\nNotebooks &\nTags\nTasks\nCalendar\nOur Community\nCertified\nConsultants\nBeta Program\nDevelopers\nForum\nHelp & Learning\nTroubleshooting\nBlog\nAbout Us\nCareers\nContact Us\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nHome\nSearch\nChoose a language:\n English (US)\n© 2022 Evernote Corporation. All rights reserved.\nSecurity\nLegal\nPrivacy\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Pracuj.pl","url":"https://grupapracuj.pl/grupa-kapitalowa/regulamin","lang":"PL","sector":"Work","hq":"Poland","hq_category":"Poland","is_public":"Public","is_paid":"Free","date":"02.09.2021"},"document":{"title":"","text":"REGULAMIN świadczenia usług drogą\nelektroniczną w ramach serwisów należących do\nGrupy Pracuj S.A.\nobowiązuje od 02 września 2021 r. Poprzednią wersję regulaminu znajdziesz tutaj\nPobierz regulamin\nC\nDEFINICJE\nFormularz rejestracyjny – formularz wypełniany przez Użytkownika niezalogowanego, służący do założenia\nKonta.\nKodeks Cywilny – ustawa z dnia 23 kwietnia 1964 r. Kodeks cywilny (tj. Dz.U. z 2017 r. poz. 459).\nKonto – zbiór zasobów i ustawień utworzonych dla Użytkownika w ramach Serwisów. Użytkownik może\nwykorzystywać Konto do zarządzania Usługami.\nKonto niepotwierdzone – konto techniczne utworzone po otrzymaniu przez Usługodawcę prawidłowo\nwypełnionego Formularza rejestracyjnego lub dokonaniu Uwierzytelnienia i zaakceptowaniu postanowień\nRegulaminu lub w określonych przypadkach zaaplikowaniu na ofertę pracy bez potwierdzenia założenia\nKonta. Usługodawca utrzymuje Konto niepotwierdzone do czasu potwierdzenia założenia Konta, w każdym\njednak przypadku nie dłużej niż przez okres 60 dni.\nPracodawca lub Pracodawcy – pracodawca lub agencja doradztwa personalnego, która publikuje\nogłoszenia o pracę w Serwisie lub korzysta z innych usług realizowanych przez Usługodawcę.\nProfil – funkcjonalność Konta pozwalająca Użytkownikowi na gromadzenie wybranych informacji, w tym\ndotyczących przebiegu jego kariery zawodowej, historii edukacji i innych umiejętności oraz dokumentów\nUżytkownika.\nRegulamin – niniejszy Regulamin.\nSerwisy lub Serwis – serwisy internetowe należące do Usługodawcy, w ramach których Usługodawca\nświadczy Usługi. Serwisy umieszczone są pod następującymi adresami: grupapracuj.pl, www.pracuj.pl,\nzarobki.pracuj.pl, cv.pracuj.pl, pracodawcy.pracuj.pl, porady.pracuj.pl, sciezkikariery.pracuj.pl\n\nUsługi – wszelkie usługi świadczone drogą elektroniczną przez Usługodawcę na rzecz Użytkowników i\nUżytkowników niezalogowanych w oparciu o Regulamin. Wykaz i opis Usług umieszczony został w\nZałączniku nr 1 do Regulaminu i stanowi jego integralną część. Użytkownik może samodzielnie\nmodyfikować zakres Usług za pomocą odpowiednich ustawień w Ustawieniach (Prywatność).\nUsługodawca – Grupa Pracuj S.A. z siedzibą w Warszawie, ul. Prosta 68, 00-838 Warszawa, wpisana do\nrejestru przedsiębiorców prowadzonego przez Sąd Rejonowy dla m. st. Warszawy, XIII Wydział Gospodarczy\nKrajowego Rejestru Sądowego pod nr KRS 0000913770, posiadająca numer identyfikacji podatkowej (NIP)\n527-274-96-31. Usługodawca posiada status agencji doradztwa personalnego i jest wpisany do rejestru\npodmiotów prowadzących agencje zatrudnienia, o którym mowa w ustawie z dnia 20 kwietnia 2004 roku o\npromocji zatrudnienia i instytucjach rynku pracy (Dz.U. z 2004 r., poz. 1001).\nUstawa o prawie autorskim i prawach pokrewnych – ustawa z dnia 4 lutego 1994 r. o prawie autorskim i\nprawach pokrewnych (tj. Dz.U. z 2017 r., poz. 880).\nUstawa o świadczeniu usług drogą elektroniczną – ustawa z dnia 18 lipca 2002 r. o świadczeniu usług\ndrogą elektroniczną (tj. Dz.U. z 2017 r., poz. 1219).\nUstawienia (Prywatność) – funkcjonalność Konta pozwalająca Użytkownikowi korzystającemu z wybranych\nUsług na odpowiednie zarządzanie tymi Usługami, w tym na\nsamodzielne modyfikowanie ich zakresu oraz na wybór preferencji odnośnie ochrony jego prywatności.\nUtwory – utwory w rozumieniu Ustawy o prawie autorskim i prawach pokrewnych, które będą publikowane\nprzez Użytkownika w ramach korzystania z Serwisów lub wybranych Usług.\nUwierzytelnienie – zewnętrzna usługa uwierzytelniająca (np. Facebook Connect), umożliwiająca założenie\nKonta i uzyskanie do niego dostępu.\nUżytkownik – pełnoletnia osoba fizyczna, która posiada Konto i korzysta z Usług świadczonych w ramach\nSerwisów.\nUżytkownik niezalogowany – pełnoletnia osoba fizyczna, korzystająca z Usług oferowanych przez Serwisy,\nktóre nie wymagają założenia Konta.\nWizerunek – wizerunek, imię, nazwisko i cześć Użytkownika w rozumieniu art. 23 Kodeksu Cywilnego.\nI. POSTANOWIENIA OGÓLNE\n1. Niniejszy Regulamin określa:\na. prawa i obowiązki Usługodawcy oraz Użytkownika i Użytkownika niezalogowanego, związane ze\nświadczeniem Usług,\n\nb. zasady wyłączania odpowiedzialności Usługodawcy z tytułu świadczenia Usług.\n2. Usługodawca udostępnia nieodpłatnie w Serwisach Użytkownikowi i Użytkownikowi niezalogowanemu\nRegulamin przed zawarciem umowy o świadczenie Usług. Użytkownik i Użytkownik niezalogowany nie są\nzwiązani tymi postanowieniami Regulaminu, które nie zostały udostępnione w sposób opisany powyżej.\n3. Usługodawca świadczy Usługi zgodnie z Regulaminem.\n4. Użytkownik oraz Użytkownik niezalogowany zobowiązani są do przestrzegania postanowień Regulaminu.\nII. ZAWARCIE UMOWY\n1. Umowa o świadczenie Usług zostaje zawarta z Użytkownikiem niezalogowanym z chwilą skorzystania\nprzez niego z dowolnych Usług oferowanych w ramach Serwisów, które nie wymagają założenia Konta.\n2. Umowa o świadczenie Usług zostaje zawarta z Użytkownikiem z chwilą prawidłowego wypełnienia przez\nniego Formularza rejestracyjnego albo dokonania Uwierzytelnienia oraz zaakceptowania Regulaminu\npoprzez odznaczenie odpowiedniego przycisku wyboru.\n3. Prawidłowe wypełnienie Formularza rejestracyjnego polega na podaniu: (a) loginu (adresu poczty\nelektronicznej) i hasła lub (b) tylko loginu. Zamiast wypełniania Formularza rejestracyjnego Użytkownik może\ndokonać Uwierzytelnienia.\n4. Użytkownik wypełniając i wysyłając Formularz rejestracyjny albo dokonując Uwierzytelnienia oświadcza,\nże:\na. podane w nim dane są kompletne, zgodne ze stanem faktycznym oraz nie naruszają jakichkolwiek praw\nosób trzecich,\nb. jest pełnoletni oraz uprawniony do zawarcia umowy o świadczenie Usług.\n5. Po otrzymaniu prawidłowo wypełnionego Formularza rejestracyjnego lub dokonanym Uwierzytelnieniu,\nUsługodawca tworzy Konto niepotwierdzone o nazwie odpowiadającej podanemu przez Użytkownika\nadresowi poczty elektronicznej. Na wskazany przez Użytkownika adres poczty elektronicznej wysyłany jest\nmail aktywacyjny w celu potwierdzenia założenia Konta. Użytkownik ma 60 dni od dnia otrzymania linku\naktywacyjnego na dokonanie potwierdzenia założenia Konta. Potwierdzenie założenia Konta zapewnia\nUżytkownikowi dostęp do Konta i możliwość korzystania z Usług, które wymagają założenia Konta. Jeżeli w\nterminie 60 dni od dnia otrzymania linku aktywacyjnego Użytkownik nie dokona potwierdzenia założenia\nKonta, nie będzie miał do niego dostępu i nie będzie mógł korzystać z Usług, które wymagają założenia\nKonta. W okresie 60 dni od dnia przesłania do Użytkownika linku aktywacyjnego, Usługodawca może\nprzesyłać Użytkownikowi, na wskazany adres poczty elektronicznej, komunikaty przypominające o\nkonieczności potwierdzenia założenia Konta. Po tym terminie Konto niepotwierdzone zostanie\nzanonimizowane.\n6. Użytkownik akceptuje konieczność posiadania aktualnego, czynnego adresu poczty elektronicznej. Adres\nten jest podawany bezpośrednio w Formularzu rejestracyjnym lub uzyskiwany przez Usługodawcę w\nprzypadku dokonania przez Użytkownika Uwierzytelnienia. Użytkownik zobowiązany jest do bieżącego\nmonitorowania podanego adresu poczty elektronicznej, a w przypadku jego zmiany do niezwłocznego\nzaktualizowania tej informacji w swoim Koncie.\n7. Adres poczty elektronicznej jest powiązany z Kontem, stanowi konieczną formę identyfikacji Użytkownika\n\nwobec Usługodawcy i będzie wykorzystywany do wszelkiej korespondencji pomiędzy Usługodawcą i\nUżytkownikiem związanej ze świadczeniem Usług.\n8. Usługodawca może odmówić utworzenia Konta, zablokować lub usunąć istniejące Konto jeżeli jego nazwa\njest już używana w ramach Serwisów lub jeżeli Usługodawca poweźmie uzasadnioną, wiarygodną\ninformację, że jest ona sprzeczna z prawem, dobrymi obyczajami, narusza dobra osobiste osób trzecich lub\nuzasadnione interesy Usługodawcy.\n9. Użytkownik uzyskuje dostęp do utworzonego Konta za pomocą swojego loginu (adresu poczty\nelektronicznej) oraz samodzielnie ustanowionego hasła. Zamiast wprowadzania loginu i hasła Użytkownik\nmoże dokonać Uwierzytelnienia.\n10. Użytkownik zobowiązany jest nie ujawniać jakiejkolwiek osobie trzeciej hasła dostępu do Konta i ponosi\nwyłączną odpowiedzialność za szkody wyrządzone na skutek takiego ujawnienia.\n11. Umowa zawierana jest na czas nieokreślony.\n12. W rozsądnym czasie po zawarciu umowy, jednak przed rozpoczęciem świadczenia Usług, Usługodawca\nprzekazuje Użytkownikowi potwierdzenie zawarcia umowy na trwałym nośniku.\nIII. WARUNKI ŚWIADCZENIA USŁUG PRZEZ\nUSŁUGODAWCĘ\n1. Wymagania techniczne niezbędne do współpracy z systemem teleinformatycznym, którym posługuje się\nUżytkownik lub Użytkownik niezalogowany i Usługodawca są następujące:\na. połączenie z siecią Internet,\nb. przeglądarka internetowa umożliwiająca wyświetlanie na ekranie komputera dokumentów HTML.\nPrzeglądarka powinna akceptować pliki cookies.\n2. W przypadku Usług dostępnych za pomocą urządzeń mobilnych, warunkiem ich świadczenia jest\nposiadanie właściwego rodzaju urządzenia mobilnego oraz poprawne zainstalowanie aplikacji mobilnej w\npamięci tego urządzenia lub poprawne zainstalowanie przeglądarki internetowej.\n3. Usługodawca zastrzega, że korzystanie z Usług może wiązać się ze standardowym ryzykiem związanym z\nwykorzystaniem sieci Internet i rekomenduje Użytkownikom oraz Użytkownikom niezalogowanym\nprzedsięwzięcie odpowiednich kroków w celu ich zminimalizowania.\n4. Usługodawca zobowiązuje się do rozpoczęcia świadczenia Usług wybranych przez Użytkownika\nniezwłocznie, a Usług wybranych przez Użytkownika niezalogowanego nie później niż w ciągu 24 godzin od\nmomentu zawarcia umowy o świadczenie Usług. Jeżeli zawarcie umowy o świadczenie Usług z\nUżytkownikiem niezalogowanym nastąpiło w dzień ustawowo wolny od pracy, wówczas rozpoczęcie\nświadczenia Usług nastąpi najpóźniej do końca pierwszego dnia roboczego, następującego po dniu\nustawowo wolnym od pracy.\nIV. PRAWA I OBOWIĄZKI USŁUGODAWCY,\nUŻYTKOWNIKA I UŻYTKOWNIKA\n\nNIEZALOGOWANEGO\n1. Usługodawca zobowiązuje się do stałego i nieprzerwanego świadczenia Usług.\n2. Usługodawca zastrzega sobie prawo do:\na. przejściowego zaprzestania świadczenia Usług ze względu na czynności konserwacyjne lub związane z\nmodyfikacją Serwisów,\nb. wysyłania komunikatów technicznych, prawnych i transakcyjnych związanych z funkcjonowaniem Usług, w\nsposób wskazany w Załączniku nr 1 do Regulaminu, stanowiącym Wykaz i opis Usług,\nc. odmowy świadczenia Usług jeżeli Użytkownik lub Użytkownik niezalogowany narusza Regulamin,\nd. dowolnej modyfikacji świadczonych Usług, narzędzi oraz sposobu działania Serwisów poprzez zmianę\nRegulaminu.\n3. Usługodawca zastrzega sobie prawo do zaprzestania świadczenia Usług, usunięcia wszelkich danych\nUżytkownika lub Użytkownika niezalogowanego oraz podjęcia\nwszelkich innych dozwolonych prawem czynności związanych z Serwisami, z tytułu których Użytkownikowi\nlub Użytkownikowi niezalogowanemu nie będą przysługiwać żadne roszczenia wobec Usługodawcy.\n4. Użytkownik ma możliwość zarządzania Usługami za pośrednictwem Konta, w tym Ustawień (Prywatność) i\nzmiany podanych przez siebie danych w dowolnym momencie.\n5. W przypadku wystąpienia awarii lub innych zakłóceń w funkcjonowaniu systemów Usługodawcy,\nuniemożliwiających korzystanie z określonych Usług, funkcjonalności lub ustawień, Usługodawca podejmuje\nniezwłocznie wszelkie działania zmierzające do naprawienia takiej awarii lub zakłócenia.\n6. W przypadku skorzystania przez Użytkownika z Usług związanych z publicznym udostępnieniem w\nSerwisach swojego Wizerunku, na podstawie art. 81 Ustawy o prawie autorskim i prawach pokrewnych,\nUżytkownik wyraża zgodę na jego nieodpłatne utrwalanie, zwielokrotnienie i rozpowszechnienie przez\nUsługodawcę. Usługodawca oświadcza, że Wizerunek będzie wykorzystywany w celu poprawnej realizacji\nUsług, identyfikacji Użytkownika lub w celach promocyjnych, reklamowych i marketingowych Usługodawcy.\n7. Użytkownik oświadcza, że przysługują mu autorskie prawa majątkowe do Utworów. Użytkownik udziela\nUsługodawcy nieodpłatnej, niewyłącznej oraz nieograniczonej terytorialnie licencji na czas realizacji Usług,\nzezwalającej na korzystanie z Utworów na następujących polach eksploatacji, obejmujących w szczególności:\nwytwarzanie, zwielokrotnianie, publiczne odtworzenie i wyświetlanie, wprowadzenie do pamięci komputera i\nserwerów sieci komputerowych, umieszczanie w sieci Internet.\n8. Niezależnie od ust. 6 powyżej, w przypadku utrwalenia Wizerunku w ramach Utworu będzie on\nzwielokrotniany i rozpowszechniany przez Usługodawcę na polach eksploatacji określonych w ust. 7\npowyżej.\n9. Użytkownik oraz Użytkownik niezalogowany korzystając z Usług zobowiązani są do powstrzymania się od:\na. podawania nieprawdziwych lub nieaktualnych informacji oraz danych osobowych,\nb. publikacji lub przesyłania treści obraźliwych, sprzecznych z prawem lub naruszających chronione prawem\ndobra osobiste osób trzecich,\nc. wykorzystywania Usług do publikacji reklam towarów i usług oraz wszelkich informacji o charakterze\nkomercyjnym,\nd. kopiowania, modyfikowania, rozpowszechniania, transmitowania lub wykorzystywania w inny sposób\n\njakichkolwiek utworów i baz danych udostępnianych w Serwisach, za wyjątkiem korzystania z nich w ramach\ndozwolonego użytku,\ne. podejmowania jakichkolwiek działań, które mogą utrudnić lub zakłócić funkcjonowanie Serwisów oraz\nkorzystania z Serwisów w sposób uciążliwy dla Usługodawcy lub innych Użytkowników lub Użytkowników\nniezalogowanych,\nf. wykorzystywania Usług w sposób sprzeczny z prawem, dobrymi obyczajami, naruszający dobra osobiste\nosób trzecich lub uzasadnione interesy Usługodawcy.\n10. Użytkownik oraz Użytkownik niezalogowany zobowiązani są do niezwłocznego zawiadamiania\nUsługodawcy o znanych im przypadkach naruszania Regulaminu oraz o bezprawnym charakterze danych,\ninformacji lub działań podejmowanych za pośrednictwem Serwisów. Usługodawca po otrzymaniu takiego\nzawiadomienia podejmie przewidziane prawem działania, w tym niezwłocznie uniemożliwi dostęp do\nokreślonych danych, informacji lub działań.\n11. Niezależnie od postanowień ust. 10 powyżej Usługodawca zastrzega sobie prawo do zablokowania\ndostępu do zasobów Użytkownika oraz Użytkownika niezalogowanego, zawierających treści niezgodne z\nRegulaminem, w tym treści erotyczne, pornograficzne, zawierające nielegalne oprogramowanie lub\ninformację na temat jego pozyskania, oraz inne treści sprzeczne z prawem, dobrymi obyczajami lub\nuzasadnionymi interesami Usługodawcy, w razie powzięcia wiarygodnych, uzasadnionych informacji na ten\ntemat.\nV. WARUNKI PŁATNOŚCI\n1. Usługi świadczone są przez Usługodawcę nieodpłatnie.\n2. Usługodawca ma obowiązek uzyskać wyraźną zgodę Użytkownika oraz Użytkownika niezalogowanego na\nkażdą ewentualną płatność wykraczającą poza postanowienia pkt V.1 powyżej (tzw. dodatkowa płatność)\nnajpóźniej w chwili wyrażenia przez Użytkownika lub Użytkownika niezalogowanego woli związania się\numową o świadczenie takiej Usługi.\nVI. ODPOWIEDZIALNOŚĆ\n1. Usługodawca oraz Użytkownik i Użytkownik niezalogowany zobowiązani są do naprawienia szkody, jaką\ndruga strona poniosła na skutek niewykonania lub nienależytego wykonania przez nich obowiązków\nwynikających z Regulaminu, chyba że ich niewykonanie lub nienależyte wykonanie było następstwem\nokoliczności, za które nie ponoszą odpowiedzialności, w szczególności na skutek działania siły wyższej.\n2. Usługodawca, który otrzymał urzędowe zawiadomienie lub wiarygodną wiadomość o bezprawnym\ncharakterze danych wykorzystywanych przez Użytkownika i Użytkownika niezalogowanego w ramach\nkorzystania z Serwisów i uniemożliwił dostęp do takich danych lub informacji, nie ponosi względem nich\nodpowiedzialności za powstałą szkodę.\n3. Usługodawca nie ponosi wobec Użytkownika i Użytkownika niezalogowanego naruszających Regulamin\nodpowiedzialności za jakiekolwiek szkody powstałe na skutek zaprzestania świadczenia im Usług, w tym na\nskutek usunięcia Konta.\n\n4. Usługodawca nie ponosi ponadto odpowiedzialności za:\na. jakiekolwiek szkody wyrządzone osobom trzecim, powstałe w wyniku korzystania przez Użytkownika i\nUżytkownika niezalogowanego z Usług w sposób sprzeczny z Regulaminem lub przepisami prawa,\nb. treści udostępniane przez Użytkownika i Użytkownika niezalogowanego w wyniku korzystania z Usług,\nktóre to treści naruszają prawo lub chronione prawem dobra osób trzecich,\nc. informacje oraz materiały pobrane, zamieszczone w Serwisach lub wysyłane za pośrednictwem sieci\nInternet przez Użytkownika i Użytkownika niezalogowanego,\nd. utratę przez Użytkownika i Użytkownika niezalogowanego danych spowodowaną działaniem czynników\nzewnętrznych (np. awaria sprzętu) lub też innymi okolicznościami niezależnymi od Usługodawcy (działanie\nosób trzecich), w tym zawinionymi przez Użytkownika i Użytkownika niezalogowanego,\ne. szkody wynikłe na skutek braku ciągłości dostarczania Usług, będące następstwem okoliczności, za które\nUsługodawca nie ponosi odpowiedzialności (siła wyższa, działania i zaniechania osób trzecich itp.),\nf. podania przez Użytkownika i Użytkownika niezalogowanego nieprawdziwych, nieaktualnych lub niepełnych\ndanych lub informacji,\ng. nieprzestrzeganie przez Użytkownika i Użytkownika niezalogowanego postanowień Regulaminu.\nVII. OCHRONA DANYCH OSOBOWYCH\n1. Każdy Użytkownik oraz Użytkownik niezalogowany ma prawo do ochrony jego prywatności przez\nUsługodawcę.\n2. Zasady dotyczące przetwarzania przez Usługodawcę danych osobowych Użytkowników oraz\nUżytkowników niezalogowanych określa Polityka Prywatności.\nVIII. POSTĘPOWANIE REKLAMACYJNE\n1. Użytkownik i Użytkownik niezalogowany mają prawo składać reklamacje w sprawach dotyczących realizacji\nUsług.\n2. Reklamacje rozpatruje Usługodawca.\n3. Prawidłowo złożona reklamacja powinna zawierać co najmniej następujące dane:\na. oznaczenie Użytkownika lub Użytkownika niezalogowanego (imię, nazwisko, adres poczty elektronicznej),\nb. adres Serwisu, którego reklamacja dotyczy,\nc. przedmiot reklamacji,\nd. okoliczności uzasadniające reklamację.\n4. Reklamacje nie zawierające powyższych danych nie będą rozpatrywane przez Usługodawcę.\n5. Reklamację (z dopiskiem „Reklamacja”) należy składać:\na. na adres Usługodawcy: Grupa Pracuj S.A., ul. Prosta 68, 00-838 Warszawa,\nb. za pośrednictwem dostępnego w Serwisach formularza, lub\nc. na adres poczty elektronicznej: [email protected].\n6. Usługodawca dołoży starań, aby reklamacje były rozpatrzone w terminie najpóźniej 30 dni od ich\notrzymania od Użytkownika lub Użytkownika niezalogowanego. O swojej decyzji zapadłej w wyniku\n\nrozpatrzenia reklamacji Usługodawca zawiadomi Użytkownika lub Użytkownika niezalogowanego za\npośrednictwem poczty elektronicznej, na adres podany w reklamacji zgodnie z ust. 3 powyżej.\n7. Reklamacja rozpatrzona zgodnie z postanowieniami Regulaminu nie podlega dalszemu ani ponownemu\nrozpatrzeniu.\nIX. KONTAKT Z USŁUGODAWCĄ\n1. Użytkownik oraz Użytkownik niezalogowany mogą kontaktować się z Usługodawcą we wszelkich sprawach\nzwiązanych z korzystaniem z Serwisów: pisemnie na adres Usługodawcy: Grupa Pracuj S.A., ul. Prosta 68, 00-\n838 Warszawa, mailowo na adres: [email protected] lub telefonicznie pod numerem telefonu: tel.(22) 373\n73 00, fax: (22) 373 73 01.\n2. Opłata dla Użytkownika oraz Użytkownika niezalogowanego za połączenie z numerami telefonów\nwskazanymi w ust. 1 powyżej nie jest wyższa niż opłata za zwykłe połączenie telefoniczne, zgodnie z\npakietem taryfowym dostawcy usług, z którego korzysta Użytkownik lub Użytkownik niezalogowany.\nX. ROZWIĄZANIE UMOWY LUB ODSTĄPIENIE OD\nUMOWY\n1. Umowa o świadczenie Usług może być rozwiązana przez którąkolwiek ze stron.\n2. W dowolnym momencie Użytkownik ma prawo rozwiązać umowę o świadczenie Usług poprzez\nsamodzielne usunięcie swojego Konta, a Użytkownik niezalogowany poprzez zaprzestanie korzystania z\nUsług.\n3. Użytkownik może w terminie 14 dni od dnia zawarcia umowy o świadczenie Usług odstąpić od umowy bez\npodawania przyczyny i bez ponoszenia jakichkolwiek kosztów z tego tytułu. Oświadczenie o odstąpieniu\npowinno zostać złożone pisemnie na adres Usługodawcy: Grupa Pracuj S.A., ul. Prosta 68, 00-838 Warszawa\nlub mailowo na adres: [email protected]. Oświadczenie o odstąpieniu od umowy o świadczenie Usług\nmożna również złożyć przy wykorzystaniu formularza.\n4. Usługodawca ma prawo rozwiązać umowę o świadczenie Usług w trybie natychmiastowym, w tym usunąć\nKonto Użytkownika, w następujących przypadkach:\na. naruszenia przez Użytkownika lub Użytkownika niezalogowanego istotnych postanowień Regulaminu,\nb. powzięcia przez Usługodawcę uzasadnionych, wiarygodnych informacji, że nazwa Konta jest\nnieprawdziwa, sprzeczna z prawem, dobrymi obyczajami, narusza dobra osobiste osób trzecich lub\nuzasadnione interesy Usługodawcy,\nc. umieszczania w Serwisie lub w Koncie przez Użytkownika lub Użytkownika niezalogowanego treści\nnieprawdziwych, niezgodnych z obowiązującymi przepisami prawa, naruszających chronione prawem dobra\nosobiste osób trzecich lub uzasadnione interesy Usługodawcy,\nd. wykorzystywania przez Użytkownika lub Użytkownika niezalogowanego Usług niezgodnie ze ich\nprzeznaczeniem,\ne. usunięcia przez Użytkownika adresu poczty elektronicznej, który był użyty do założenia Konta,\nf. otrzymywania przez Usługodawcę powtarzających się komunikatów o przepełnieniu skrzynki poczty\n\nelektronicznej Użytkownika, uniemożliwiającym dalsze świadczenie Usług.\n5. O rozwiązaniu umowy o świadczenie Usług Usługodawca poinformuje Użytkownika lub Użytkownika\nniezalogowanego (jeśli istnieje taka techniczna możliwość) najpóźniej w terminie 24 godzin od dnia\nrozwiązania.\n6. Usługodawca zastrzega sobie prawo do odmowy świadczenia Usług na rzecz Użytkownika lub\nUżytkownika niezalogowanego, w tym usunięcia Konta Użytkownika, jeżeli zostało ono założone po raz\nkolejny po usunięciu Konta przez Usługodawcę, wynikającym z naruszenia Regulaminu.\nXI. POSTANOWIENIA KOŃCOWE\n1. Regulamin obowiązuje bezterminowo. Usługodawca może w każdym czasie z ważnych przyczyn, w tym\nwskazanych w pkt X ust. 4 Regulaminu, zakończyć świadczenie Usług (w tym usługi Konta) za pośrednictwem\nSerwisów, przesyłając o tym informację za pośrednictwem poczty elektronicznej.\n2. Usługodawca zastrzega sobie prawo do zmiany Regulaminu z niżej wskazanych, ważnych przyczyn:\na. jeżeli zmiana Regulaminu jest konieczna ze względu na zmianę przepisów powszechnie obowiązującego\nprawa,\nb. realizacji obowiązku wynikającego z prawomocnego orzeczenia sądu lub decyzji organów administracji,\nc. zmian wynikających ze względów bezpieczeństwa, w tym mających na celu uniemożliwienie korzystania z\nSerwisów, w sposób sprzeczny z przepisami prawa lub z Regulaminem,\nd. wprowadzenia istotnych zmian w funkcjonowaniu Serwisów oraz którejkolwiek z Usług, w tym związanych\nz postępem technicznym lub technologicznym, obejmujących zmiany w systemach Usługodawcy.\n3. Informacja o zmianie Regulaminu zostanie przekazana za pośrednictwem poczty elektronicznej na adres\nudostępniony przez Użytkownika lub poprzez przekazanie jasnej i wyraźnej informacji na stronach Serwisu,\nw obu przypadkach, z co najmniej 14-dniowym wyprzedzeniem. Zmiany wchodzą w życie w dacie wskazanej\nw informacji, o której mowa w niniejszym ustępie.\n4. Użytkownikowi i Użytkownikowi niezalogowanemu, który nie akceptuje wprowadzonych w Regulaminie\nzmian, przysługuje uprawnienie do rozwiązania umowy o świadczenie Usług drogą elektroniczną zgodnie z\npkt X ust. 2 Regulaminu.\n5. Regulamin oraz umowy o świadczenie Usług podlegają prawu polskiemu.\n6. Wszelkie spory związane ze świadczeniem Usług zgodnie z Regulaminem będzie rozstrzygał polski sąd\npowszechny.\n7. Niezależnie od postanowień Regulaminu istnieje możliwości skorzystania przez Użytkownika i\nUżytkownika niezalogowanego z pozasądowych sposobów rozpatrywania reklamacji i dochodzenia\nroszczeń. Właściwe procedury w tym zakresie dostępne są m.in. w Urzędzie Ochrony Konkurencji i\nKonsumentów oraz na stronie www.uokik.gov.pl.\n8. W sprawach nieuregulowanych w Regulaminie zastosowanie mają przepisy Ustawy o świadczeniu usług\ndrogą elektroniczną, Kodeksu cywilnego i inne bezwzględnie obowiązujące przepisy prawa.\n9. Załączniki stanowią integralną część Regulaminu.\nZałącznik nr 1\n\nWYKAZ I OPIS USŁUG\nI. Usługi dostępne dla Użytkowników\n1. Konto Pracuj.pl\nKonto, za pomocą którego Użytkownik przechowuje swoje dane związane z historią edukacji i przebiegiem\nkariery zawodowej oraz korzysta ze wszystkich, aktualnie dostępnych funkcjonalności Konta.\nKorzystanie z niektórych funkcjonalności Konta może być uzależnione od:\na. wypełnienia określonych pól w Koncie – w takim przypadku Usługodawca zobowiązuje się wyraźnie\noznaczyć wymagane pola,\nb. zamieszczenia stosownych plików w określonym przez Usługodawcę formacie i nie większych niż\nokreślony przez Usługodawcę limit wielkości zamieszczanych plików,\nc. podania odpowiednich treści i formy danych, które muszą być adekwatne do określonej przez\nUsługodawcę specyfiki i przeznaczenia danych (np. zdjęcie profilowe musi przedstawiać wizerunek\nUżytkownika w sposób umożliwiający jego rozpoznanie).\nW ramach Usługi Konto Pracuj.pl Usługodawca zapewnia następujące funkcjonalności:\na) Aplikowanie Profilem\nSkorzystanie z Aplikowania Profilem możliwe jest wyłącznie po uzupełnieniu przez Użytkownika w Profilu\ndanych osobowych. Aplikowanie Profilem polega na wygenerowaniu, w oparciu o podane przez Użytkownika\ninformacje, CV w formacie PDF i przesłanie go w ramach wybranej przez Użytkownika rekrutacji. Aplikowanie\nProfilem stanowi alternatywę dla aplikowania przy wykorzystaniu CV przygotowanego samodzielnie przez\nUżytkownika. Użytkownik przed wysłaniem wygenerowanego CV uzyskuje podgląd jego treści.\nb) Rekomendowane oferty pracy\nUsługodawca informuje Użytkownika – za pomocą specjalnego, indywidualnego raportu – o ofertach pracy\npublikowanych w Serwisie, dopasowanych do preferencji i zainteresowań Użytkownika. Raport tworzony jest\ndla indywidualnego Użytkownika na podstawie analizy jego preferencji i zainteresowań, w tym ofert pracy,\nktóre Użytkownik oglądał i na które wysyłał aplikacje oraz informacji przetwarzanych w związku z innymi\nUsługami świadczonymi przez Usługodawcę. Do tworzenia raportu mogą być wykorzystywane również dane\nzawarte w Profilu Użytkownika lub w CV zapisanym przez Użytkownika w Koncie. Rekomendowane oferty\npracy są prezentowane Użytkownikowi przez Usługodawcę w formie wiadomości e-mail przesyłanych na\nudostępniony przez Użytkownika adres poczty elektronicznej, w formie powiadomień w aplikacji mobilnej\nlub za pomocą powiadomień wyświetlanych w przeglądarce (zgodnie z ustawieniami przeglądarki).\nUżytkownik może zrezygnować z otrzymywania takich powiadomień w Ustawieniach (Prywatność) lub w\ninnym miejscu wskazanym w Serwisach.\n\nc) Informowanie o statusie aplikacji\nUsługodawca informuje Użytkownika o statusie złożonej aplikacji na ofertę pracy opublikowaną w Serwisach,\nna podstawie aktywności Pracodawcy, począwszy od momentu odebrania aplikacji przez Pracodawcę do\nmomentu jej rozpatrzenia. Usługodawca udostępnia Użytkownikowi podsumowanie statusów złożonych\naplikacji oraz danych statystycznych wskazujących na szanse Użytkownika wśród innych kandydatów, o ile\nPracodawca umożliwi Usługodawcy podanie takich informacji. Usługodawca może przekazać Użytkownikowi\ninformacje, o których mowa powyżej, w czasie przez siebie wybranym, w szczególności za pomocą:\nspecjalnych dedykowanych wiadomości e-mail przesyłanych na udostępniony przez Użytkownika adres\npoczty elektronicznej, poprzez kontakt telefoniczny na udostępniony przez Użytkownika numer telefonu (w\ntym poprzez wysłanie wiadomości SMS), w formie powiadomień w aplikacji mobilnej lub za pomocą\npowiadomień wyświetlanych w przeglądarce (zgodnie z ustawieniami przeglądarki). Użytkownik może\nzrezygnować z otrzymywania takich powiadomień w Ustawieniach (Prywatność) lub w innym miejscu\nwskazanym w Serwisach.\nd) Wypełnianie Profilu danymi o Użytkowniku\nWypełnienie Profilu dokumentem CV, a także udostępnienie przez Użytkownika w Serwisie innych danych,\nmoże pozwalać na automatyczne stworzenie lub uzupełnienie Profilu w oparciu o dane zawarte w CV\nzapisanym przez Użytkownika w Koncie oraz udostępnione przez Użytkownika w Serwisie.\nUżytkownik ma możliwość skorzystania z tej funkcjonalności:\na. przy tworzeniu Konta (niezależnie od stopnia uzupełnienia Profilu) – w tym celu Użytkownik powinien\nwybrać odpowiednią opcję i załączyć plik CV w formacie i maksymalnym rozmiarze wskazanym przez\nUsługodawcę. W razie niezgodności lub niekompletności danych, Użytkownik może je samodzielnie\nuzupełnić,\nb. w ramach korzystania z Aplikowania Profilem,\nc. udzielając odpowiedzi na pytania zadane przez Usługodawcę w Serwisie,\nd. wykorzystując odpowiednią funkcję udostępnianą przez Usługodawcę w wybranych przez niego\nmiejscach Serwisu.\nW efekcie skorzystania z funkcjonalności skorzystania z funkcjonalności, dane zawarte w CV lub podane\nprzez Użytkownika w inny sposób mogą zostać automatycznie przeniesione do jego Profilu i być w nim\nprezentowane.\ne) Wiadomości\nUżytkownik, który zaaplikował na wybraną ofertę pracy opublikowaną przez Pracodawcę w Serwisie lub\nktórego Profil został udostępniony Pracodawcy w wyniku realizacji Usługi Udostępnienia Profilu\n\n(Automatycznego Dopasowania), ma możliwość prowadzenia korespondencji z tym Pracodawcą przy\nwykorzystaniu funkcjonalności Wiadomości. Funkcjonalność pozwala na otrzymywane przez Użytkownika\nwiadomości od Pracodawcy i wysyłanie na nie odpowiedzi za pośrednictwem Serwisu. Kontakt z\nUżytkownikiem w ramach funkcjonalności może zostać zainicjowany wyłącznie przez Pracodawcę, który\nkorzysta z systemu Usługodawcy do zarządzania aplikacjami Użytkowników.\nUsługodawca może również udostępnić funkcjonalność dla Użytkowników w aplikacji mobilnej.\nW ramach funkcjonalności Usługodawca może informować Użytkownika za pomocą wiadomości e-mail\nwysyłanych na udostępniony przez Użytkownika adres poczty elektronicznej lub w formie powiadomień w\nSerwisie lub aplikacji mobilnej, o nowych wiadomościach nadesłanych przez Pracodawcę. Użytkownik może\nzrezygnować z otrzymywania takich powiadomień w Ustawieniach (Prywatność) oraz w innym miejscu\nwskazanym w Serwisie lub aplikacji mobilnej.\nf) Zapisane oferty pracy\nUżytkownik ma możliwość zapisania wybranych przez siebie ofert pracy w celu ich wyróżnienia na wynikach\nwyszukiwania i na podglądzie oferty pracy, jak również w celu ułatwienia dostępu do nich. Zapisane oferty\npracy będą dostępne w dedykowanej zakładce w Koncie. Użytkownik ma możliwość zarządzania swoimi\nzapisanymi ofertami pracy za pośrednictwem Konta, w szczególności może je usuwać i przechowywać przy\nnich notatki. Usługodawca zachowuje prawo do usunięcia oferty z Zapisanych ofert pracy wraz z terminem\nzakończenia publikacji oferty pracy w Serwisie. Usługodawca może przekazać Użytkownikowi informacje o\nZapisanych ofertach pracy w formie wiadomości e-mail przesyłanych na udostępniony przez Użytkownika\nadres poczty elektronicznej, w formie powiadomień w aplikacji mobilnej lub za pomocą powiadomień\nwyświetlanych w przeglądarce (zgodnie z ustawieniami przeglądarki). Użytkownik może zrezygnować z\notrzymywania takich powiadomień w Ustawieniach (Prywatność) lub w innym miejscu wskazanym w\nSerwisach.\ng) Historia aplikowania na oferty pracy\nUżytkownik ma możliwość przechowywania historii aplikowania na oferty pracy. W przypadku ofert pracy, na\nktóre aplikacje zostały wysłane za pomocą formularza dostarczonego przez Usługodawcę lub Pracodawców\nkorzystających z wybranych zewnętrznych systemów rekrutacyjnych, fakt zaaplikowania na ofertę pracy,\nliczba wysłanych aplikacji oraz daty ich wysłania są automatycznie zapisywane w Koncie.\nh) Udostępnianie Profilu\nUdostępnianie Profilu to Usługa, w ramach której Użytkownik może udostępnić swój Profil Pracodawcom.\nUsługa może być świadczona przez Usługodawcę, działającego jako agencja doradztwa personalnego, w\nnastępujący sposób:\n\na. Usługodawca może automatycznie dopasować Profil Użytkownika do ofert pracy opublikowanych przez\nPracodawców w Serwisie i udostępnić go Pracodawcom („Automatyczne Dopasowanie”);\nb. Usługodawca może udostępnić Pracodawcom Profil Użytkownika bez dopasowania, umożliwiając\nPracodawcom samodzielne wyszukanie Użytkownika na potrzeby prowadzonych przez siebie rekrutacji\n(„Wyszukanie Użytkownika”);\nc. Usługodawca, korzystając z pomocy rekrutera, może dopasować Profil Użytkownika do ofert pracy\nopublikowanych w Serwisie lub potrzeb rekrutacyjnych Pracodawcy i udostępnić go Pracodawcom\n(„Preselekcja”).\nWarunkiem skorzystania z Udostępniania Profilu przez Użytkownika w każdym wariancie jest zamówienie\nUsługi na ekranie rejestracji Użytkownika lub w Ustawieniach (Prywatność) lub w innym miejscu wskazanym\nw Serwisie.\nUdostępnianie Profilu zostanie wyłączone, jeżeli Użytkownik zrezygnuje z tej Usługi. Rezygnacja oznacza, że\ndane osobowe Użytkownika zawarte w Profilu nie będą udostępnione Pracodawcom. Jeżeli jednak\nUżytkownik zrezygnuje z Usługi po ich udostępnieniu do Pracodawcy, jego dane osobowe mogą być\nprzetwarzane przez Pracodawcę (jako odrębnego administratora danych) na zasadach przez niego\nokreślonych.\nUsługodawca nie gwarantuje, że dojdzie do udostępnienia Profilu Użytkownika Pracodawcom, ani że\nPracodawcy po jego otrzymaniu skontaktują się z Użytkownikiem.\nAutomatyczne Dopasowanie\nAutomatyczne Dopasowanie polega na stworzeniu przez Usługodawcę w sposób zautomatyzowany profilu\nzawodowego Użytkownika na podstawie danych podanych przez Użytkownika przy zakładaniu Konta,\npodanych w Profilu oraz danych o aktywności Użytkownika w Serwisie (m.in. historii aplikowania na oferty\npracy). Na podstawie tych informacji Usługodawca porówna profil zawodowy Użytkownika z ofertami pracy\nPracodawców opublikowanymi w Serwisie. Usługodawca może udostępnić Pracodawcom Profil, który\nwedług Usługodawcy jest dopasowany do opublikowanych przez nich ofert pracy.\nW ramach Automatycznego Dopasowania, dane osobowe Użytkownika udostępniane będą potencjalnie\nwszystkim Pracodawcom publikującym oferty pracy w Serwisie, których lista znajduje się tutaj. Użytkownik\nma możliwość wskazania Pracodawców, którym nie chce udostępniać Profilu (ograniczona widoczność\nProfilu). Aby włączyć ograniczoną widoczność Profilu dla konkretnych Pracodawców, Użytkownik powinien w\noznaczonym miejscu w Serwisie określić nazwę Pracodawcy, któremu nie chce udostępniać swojego Profilu.\nUsługodawca zobowiązuje się do włączenia ograniczonej widoczności Profilu dla wykluczonych przez\nUżytkownika Pracodawców niezwłocznie, nie później jednak niż w ciągu kolejnych 24 godzin od momentu, w\nktórym Użytkownik uzupełni dane tych Pracodawców i poprzez funkcję dodaj (oznaczoną ikoną plusa) wyrazi\nchęć włączenia ograniczonej widoczności Profilu.\n\nW ramach Automatycznego Dopasowania, Usługodawca może wysłać do Użytkownika wiadomość e-mail o\naktywności Pracodawców, w szczególności o poleceniu lub obejrzeniu Profilu przez Pracodawcę . Takie\npowiadomienia Usługodawca może przysyłać także na numer telefonu Użytkownika (w tym poprzez\nwysyłanie wiadomości SMS), w formie powiadomień w aplikacji mobilnej lub za pomocą powiadomień\nwyświetlanych w przeglądarce (zgodnie z ustawieniami przeglądarki). Użytkownik może zrezygnować z\notrzymywania takich powiadomień, nie rezygnując jednocześnie z korzystania z tej Usługi.\nW przypadku zainteresowania danego Pracodawcy Użytkownikiem i chęci zaproszenia\ngo do udziału w rekrutacji, Usługodawca może poinformować o tym Użytkownika w formie wiadomości e-\nmail. Użytkownik, za pomocą przycisków zamieszczonych w przesłanej wiadomości e-mail, może potwierdzić\nchęć udziału w rekrutacji na daną ofertę pracy lub ją odrzucić. Informacja ta zostanie przekazana\nPracodawcy, który zamieścił określoną ofertę pracy.\nWyszukanie Użytkownika\nWyszukanie Użytkownika polega na udostępnieniu Pracodawcom Profilu Użytkownika w systemie\ninformatycznym Usługodawcy, na zasadach przez niego określonych. Pracodawcy mogą w nim samodzielnie\nwyszukać Użytkownika, na potrzeby prowadzonych przez siebie rekrutacji.\nW ramach Wyszukania Użytkownika, dane osobowe Użytkownika udostępniane będą potencjalnie wszystkim\nPracodawcom publikującym oferty pracy w Serwisie, których lista znajduje się tutaj. Użytkownik ma\nmożliwość wskazania Pracodawców, którym nie chce udostępniać Profilu (ograniczona widoczność Profilu).\nWłączenie ograniczonej widoczności Profilu dla wskazanych Pracodawców jest możliwe na takich samych\nzasadach, jak w przypadku Automatycznego Dopasowania.\nUsługodawca może wysłać wiadomość e-mail do Użytkownika z informacją o Pracodawcy, któremu\nudostępniono Profil Użytkownika.\nPreselekcja\nPreselekcja polega na udostępnieniu Pracodawcom Profilu Użytkownika po jego dopasowaniu przez\nrekrutera Usługodawcy do ofert pracy opublikowanych w Serwisie lub potrzeb rekrutacyjnych Pracodawcy.\nW ramach Preselekcji rekruter może kontaktować się z Użytkownikiem w formie telefonicznej lub\nwiadomości e-mail, w szczególności w celu uzyskania informacji, czy Użytkownik jest zainteresowany daną\nrekrutacją i czy spełnia wymagania określone przez Pracodawcę. Kontaktując się z Użytkownikiem,\nUsługodawca, w razie potrzeby, może zebrać również dodatkowe informacje o Użytkowniku.\nUsługodawca może udostępnić Pracodawcy Profil Użytkownika zainteresowanego rekrutacją oraz inne\ninformacje zebrane przez rekrutera w ramach kontaktu\nz Użytkownikiem, po uzyskaniu na to zgody Użytkownika.\n\ni) Zapisane wyszukiwania\nUżytkownik może zlecić Usługodawcy powiadamianie go o pojawieniu się w Serwisie nowych ofert pracy.\nPrezentując oferty pracy Usługodawca uwzględniać będzie\nw szczególności słowa klucze podawane przez Użytkownika oraz informacje o aktywności Użytkownika w\nSerwisach. Użytkownik otrzymuje te informacje za pomocą wiadomości e-mail przesyłanych na\nudostępniony przez Użytkownika adres poczty elektronicznej lub w formie powiadomień w aplikacji\nmobilnej, jak również może otrzymywać takie informacje za pomocą powiadomień wyświetlanych w\nprzeglądarce (zgodnie z ustawieniami przeglądarki).\nKryteria wyboru ofert pracy wysyłanych w ramach Zapisanych wyszukiwań są samodzielnie wybierane przez\nUżytkownika i są one tożsame z kryteriami oferowanymi w Wyszukiwarce ofert w Serwisach.\nUżytkownik może również określić częstotliwość przesyłanych powiadomień spośród opcji udostępnionych\nprzez Usługodawcę. Użytkownik może też zrezygnować z otrzymywania takich powiadomień w Ustawieniach\n(Prywatność) lub w innym miejscu wskazanym w Serwisach.\nj) Aplikowanie na oferty pracy\nAplikowanie na oferty pracy to Usługa, która umożliwia Użytkownikowi przesyłanie Pracodawcom\nodpowiedzi na oferty pracy wraz z dokumentami rekrutacyjnymi (w tym CV) za pomocą Serwisu. Aby\nskorzystać z Aplikowania na oferty pracy wymagane jest posiadanie Konta i uzupełnienie formularza\naplikacyjnego. Uzupełnienie formularza aplikacyjnego polega w szczególności na podaniu następujących\ndanych:\na. imię i nazwisko,\nb. adres e-mail,\nc. numer telefonu,\nd. załączeniu CV lub innych dokumentów rekrutacyjnych – jeśli wymaga tego Pracodawca.\nW wybranych przypadkach:\na. skorzystanie z Aplikowania na oferty pracy jest możliwe bez logowania się do Konta lub bez potwierdzenia\nzałożenia Konta. W takim przypadku Usługodawca tworzy dla Użytkownika Konto niepotwierdzone.\nb. nie jest wymagane uzupełnienie formularza aplikacyjnego, o którym mowa powyżej,\nc. skorzystanie z Aplikowania na oferty pracy może wymagać posiadania lub założenia konta i uzupełnienie\nformularza w zewnętrznym systemie rekrutacyjnym Pracodawcy,\nd. przesłanie odpowiedzi na ofertę pracy może nastąpić bezpośrednio na adres poczty elektronicznej\nPracodawcy,\ne. jeżeli Użytkownik jest zalogowany do Konta, formularz aplikacyjny może zostać automatycznie\n\nuzupełniony danymi Użytkownika zawartymi w jego Profilu oraz mogą być do niego dołączone dokumenty\nzapisane przez Użytkownika w Koncie (np. jego CV),\nf. jeżeli Użytkownik jest zalogowany do Konta, dane z formularza aplikacyjnego wraz z dokumentami\nrekrutacyjnymi (w tym CV) są zapisywane automatycznie w Koncie.\nk) Odpowiedzi na pytania Pracodawcy\nUżytkownik (w tym również Użytkownik posiadający Konto niepotwierdzone), w celu usprawnienia procesu\nrekrutacji, bezpośrednio po zaaplikowaniu na ofertę pracy opublikowaną przez danego Pracodawcę w\nSerwisie, może udzielić odpowiedzi na ewentualne dodatkowe pytania zadane przez tego Pracodawcę.\nOdpowiedzi Użytkownika zostaną następnie przekazane przez Usługodawcę do tego Pracodawcy.\nPo udzieleniu przez Użytkownika odpowiedzi na pytania Pracodawcy, Usługodawca udostępni\nUżytkownikowi w Koncie informacje o tym, jak Użytkownik wypada na tle innych kandydatów, którzy również\nzaaplikowali na ofertę pracy tego Pracodawcy.\nOdpowiedzi Użytkownika będą przechowywane w Koncie Użytkownika do czasu jego usunięcia. W\nprzypadku późniejszego zaaplikowania przez Użytkownika na inną ofertę pracy, dla której dany Pracodawca\nrównież przewidział dodatkowe pytania, pola odpowiedzi na pytania mogą zostać automatycznie\nuzupełnione wcześniejszymi odpowiedziami Użytkownika na tożsame pytania związane z innymi ofertami\npracy, na które zaaplikował uprzednio Użytkownik. Przed wysłaniem odpowiedzi Użytkownikowi przysługuje\njednak każdorazowo prawo do edytowania lub zmiany odpowiedzi.\nPytania mogą być zadawane wyłącznie przez tych Pracodawców, którzy korzystają z systemu Usługodawcy\ndo zarządzania aplikacjami Użytkowników i możliwości zadania pytań Użytkownikom aplikującym na ich\nofertę pracy.\nUsługodawca nie ponosi odpowiedzialności za treść pytań wybranych przez Pracodawców, ani za wynik\nprocesów rekrutacyjnych przeprowadzonych przez Pracodawców na podstawie odpowiedzi udzielonych\nprzez Użytkowników\nl) Raporty o zarobkach\nUżytkownik ma możliwość sprawdzenia przeciętnych zarobków na wybranym przez siebie stanowisku pracy i\nwygenerowania raportu płacowego w tym zakresie. Raport umożliwia poznanie przeciętnej wysokości\nwynagrodzeń w zależności od wybranych kryteriów takich jak: obszar specjalizacji, poziom stanowiska,\npoziom doświadczenia, lokalizacja, wielkość firmy, itp. Usługodawca może prezentować Użytkownikowi\nRaport o zarobkach po uprzednim wypełnieniu przez Użytkownika odpowiedniej ankiety znajdującej się na\nstronach Serwisu, na podstawie uzupełnionych przez Użytkownika danych w Profilu lub na podstawie\ndanych zawartych w CV zapisanym przez Użytkownika w Koncie. Usługodawca może wykorzystywać dane o\n\nzarobkach w celu prezentowania Użytkownikowi Rekomendowanych ofert pracy. Dane te będą\nautomatycznie przetwarzane przez Usługodawcę w celach statystycznych i analitycznych. Użytkownik może\naktualizować swoje dane o zarobkach zgromadzone w Koncie.\nW ramach tej Usługi Usługodawca może informować Użytkownika za pomocą wiadomości e-mail wysyłanych\nna udostępniony przez Użytkownika adres poczty elektronicznej lub w formie powiadomień w aplikacji\nmobilnej, o zbliżającym się końcu ważności ankiety wypełnionej przez Użytkownika, o aktualizacji raportu\npłacowego w związku z aktualizacją bazy danych Usługodawcy, jak również o zmianach funkcjonalności tej\nUsługi. Użytkownik może zrezygnować z otrzymywania takich powiadomień, nie rezygnując jednocześnie z\nkorzystania z Usługi.\nm) Kreator CV\nUżytkownik ma możliwość przygotowania profesjonalnego CV, wybierając udostępniony przez Usługodawcę\nszablon w Serwisie lub aplikacji mobilnej. Warunkiem skorzystania z tej Usługi jest wypełnienie przez\nUżytkownika odpowiednich formularzy znajdujących się na stronach Serwisów lub w aplikacji mobilnej.\nGotowy dokument CV Użytkownik może zapisać w swoim Koncie lub pobrać z Serwisu lub aplikacji mobilnej\nw formacie PDF.\nn) Możliwość udziału w Wydarzeniu Jobicon (dotyczy wydarzenia w formie stacjonarnej)\nWydarzenie Jobicon to festiwal pracy organizowany przez Usługodawcę w terminach i miejscach wskazanych\nkażdorazowo przez Usługodawcę m.in. za pośrednictwem danego Serwisu lub Serwisów lub mediów\nspołecznościowych Usługodawcy. Poszczególne Wydarzenia Jobicon skierowane są do Pracodawców oraz\nUżytkowników (w szczególności studentów i absolwentów w wieku 19-30 lat). Podczas poszczególnych\nWydarzeń Jobicon Pracodawcy mają możliwość spotkania się z kandydatami i rekrutowania ich do pracy, a\ntakże mają możliwość budowania i umacniania pozytywnego wizerunek swojej marki.\nUżytkownik ma możliwość pobrania imiennego biletu i udziału w danym Wydarzeniu Jobicon. W ramach\nwstępu na dane Wydarzenie Jobicon Użytkownik otrzymuje m.in:\na. możliwość spotkania się z Pracodawcami i poznania ich aktualnych ofert pracy;\nb. możliwość wzięcia udziału w wykładach (m.in. spotkania z gośćmi ze świata biznesu, nauki i mediów,\nktórzy podzielą się swoimi zawodowymi historiami), warsztatach i szkoleniach organizowanych przez\nUsługodawcę.\nUżytkownik może przebywać na terenie danego Wydarzenia Jobicon tylko w dniu tego wydarzenia i tylko w\nczasie jego trwania.\nNa terenie i podczas poszczególnych Wydarzeń Jobicon Użytkownika obowiązuje całkowity zakaz:\na. wnoszenia i używania broni, amunicji i materiałów pirotechnicznych, oraz substancji chemicznych,\n\nstanowiących zagrożenie pożarowe, zagrożenie uszkodzenia mienia oraz stwarzających niebezpieczeństwo\ndla życia i zdrowia osób przebywających na terenie poszczególnych Wydarzeń Jobicon;\nb. wnoszenia i spożywania alkoholu oraz środków odurzających i substancji psychotropowych;\nc. palenia tytoniu i używania otwartego ognia;\nd. korzystania z e-papierosów lub podgrzewaczy tytoniu;\ne. zakłócania porządku publicznego (np. głośne zachowania);\nf. niszczenia infrastruktury festiwalu (np. obklejania reklamami ścian, podłogi);\ng. zanieczyszczanie hal i terenów otwartych odpadami wygenerowanymi przez siebie (opakowania po\nnapojach i jedzeniu, niedopałki, gumy do żucia itp.);\nh. opierania się o elementy zabudowy stoisk, konstrukcje reklamowe i inne elementy aranżacji przestrzeni\ndanego Wydarzenia Jobicon;\ni. prowadzenia jakichkolwiek działań komercyjnych, akwizycyjnych, a także agitacyjnych oraz zbiórek\npieniężnych, jak również działań niezgodnych z obowiązującymi przepisami prawa.\nUsługodawca zastrzega sobie prawo do usunięcia z danego Wydarzenia Jobicon Użytkowników, którzy\nswoim zachowaniem naruszają powyższe postanowienia, w tym przepisy porządkowe obowiązujące w\nmiejscu, w którym organizowane jest to Wydarzenie Jobicon, jak również Użytkowników, którzy swoim\nzachowaniem utrudniają lub uniemożliwiają prawidłowy przebieg tego Wydarzenia Jobicon.\nPoprzez wzięciu udziału w danym Wydarzeniu Jobicon, Użytkownik na podstawie art. 81 Ustawy o prawie\nautorskim i prawach pokrewnych i niezależnie od postanowień Regulaminu w przedmiotowym zakresie,\nwyraża zgodę na nieodpłatne utrwalanie, zwielokrotnianie i rozpowszechnianie swojego Wizerunku (w tym\ngłosu) przez Usługodawcę, utrwalonego w ramach materiałów lub Utworów powstałych podczas tego\nWydarzenia Jobicon. Wizerunek będzie rozpowszechniany bez ograniczeń czasowych i terytorialnych.\nUsługodawca oświadcza, że Wizerunek będzie wykorzystywany w kontekście sprawozdania z danego\nWydarzenia Jobicon, w którym wziął udział Użytkownik oraz w celach promocyjnych, reklamowych i\nmarketingowych Usługodawcy, w szczególności poprzez jego zamieszczenie na Serwisach, w ramach\nmediów społecznościowych Usługodawcy, w materiałach handlowych Usługodawcy lub poprzez jego\nudostępnienie w sieci Internet, tak aby każdy mógł mieć do niego dostęp w miejscu i czasie przez siebie\nwybranym. Niezależnie od powyższego, w przypadku utrwalania Wizerunku w ramach Utworów, Wizerunek\nbędzie wykorzystywany na polach eksploatacji określonych w Regulaminie właściwych dla Utworów.\nJednocześnie Użytkownik wyraża zgodę na zestawienia swojego Wizerunku z wypowiedziami lub\nwizerunkami innych osób lub ze znakami towarowymi Usługodawcy lub innych podmiotów uczestniczących\nw danym Wydarzeniu Jobicon.\nUsługodawca zastrzega sobie prawo do weryfikacji w dowolnym momencie dokumentów Użytkownika,\nuprawniających do przebywania na terenie danego Wydarzenia Jobicon, a w przypadku potwierdzenia lub\nuprawdopodobnienia posługiwania się dokumentami innego Użytkownika, bądź ich podrobienia, do\nusunięcia Użytkownika, u którego stwierdzono powyższe naruszenia, z miejsca w którym odbywa się to\nWydarzenie Jobicon i na jego koszt.\n\nUżytkownik zobowiązany jest do zabezpieczenia własnego mienia wnoszonego na teren danego Wydarzenia\nJobicon przed ewentualnymi szkodami lub utratą, na własny koszt i ryzyko.\nUżytkownik ponosi odpowiedzialność za wszelkie szkody, wynikające z niestosowania się do powyższych\npostanowień dotyczących Wydarzenia Jobicon.\nII. Usługi dostępne dla Użytkowników i Użytkowników niezalogowanych\n1. Rekomendowane oferty pracy w Serwisach\nUsługodawca informuje Użytkownika lub Użytkownika niezalogowanego – za pomocą specjalnego,\nindywidualnego raportu – o ofertach pracy publikowanych w Serwisie, dopasowanych do preferencji i\nzainteresowań Użytkownika lub Użytkownika niezalogowanego. Raport tworzony jest dla indywidualnego\nUżytkownika lub Użytkownika niezalogowanego na podstawie analizy jego preferencji i zainteresowań, w tym\nofert pracy, które Użytkownik lub Użytkownik niezalogowany oglądał i na które wysyłał aplikacje oraz\ninformacji przetwarzanych w związku z innymi Usługami świadczonymi przez Usługodawcę. Do tworzenia\nraportu mogą być wykorzystywane również dane zawarte w Profilu Użytkownika lub w CV zapisanym przez\nUżytkownika w Koncie. Rekomendowane oferty pracy są prezentowane Użytkownikowi lub Użytkownikowi\nniezalogowanemu przez Usługodawcę w różnych miejscach w Serwisach lub za pomocą powiadomień\nwyświetlanych w przeglądarce (zgodnie z ustawieniami przeglądarki).\n2. Aplikacja mobilna „Pracuj.pl oferty pracy”\nAplikacja mobilna Usługodawcy umożliwiająca Użytkownikowi lub Użytkownikowi niezalogowanemu\nkorzystanie za pomocą wybranych urządzeń mobilnych z wybranych funkcjonalności Konta i Usług.\n3. Wzory CV i listów motywacyjnych, dokumenty i poradniki\nUżytkownik lub Użytkownik niezalogowany ma możliwość pobrania dokumentów udostępnionych przez\nUsługodawcę w Serwisach, a w szczególności przykładowych wzorów CV i listów motywacyjnych.\nUsługodawca zastrzega sobie prawo do zmiany zakresu i formy udostępnionych dokumentów w dowolnie\nwybranym terminie.\nUsługodawca nie bierze odpowiedzialności za wynik procesu rekrutacyjnego, w którym Użytkownik lub\nUżytkownik niezalogowany posłużył się wzorami dokumentów oferowanymi przez Usługodawcę.\n4. Wyszukiwarka ofert w Serwisach\nUżytkownik lub Użytkownik niezalogowany ma możliwość wyszukiwania oraz przeglądania opublikowanych\nw Serwisach ofert pracy według udostępnionych kryteriów. W celu wyszukiwania ofert pracy Użytkownik lub\n\nUżytkownik niezalogowany może także skorzystać z chatbota dostępnego w aplikacji Facebook Messenger.\nJeżeli Użytkownik lub Użytkownik niezalogowany korzysta z aplikacji mobilnej Usługodawcy ma również\nmożliwość wyszukiwania ofert pracy na mapie.\n5. Kalkulator wynagrodzeń\nUżytkownik lub Użytkownik niezalogowany ma możliwość w Serwisie dokonywania poglądowych obliczeń\nkwot wynagrodzenia netto i brutto. Usługodawca nie gwarantuje poprawności wyników oraz nie ponosi\nodpowiedzialności za użycie kalkulatora do rozliczeń pomiędzy Pracodawcą a pracownikiem. Usługa może\nbyć dostępna również w formie mobilnej (Aplikacja mobilna „Kalkulator wynagrodzeń”).\n6. Ścieżki kariery\nUżytkownik lub Użytkownik niezalogowany ma możliwość uzyskania informacji o wykonywaniu danego\nzawodu w praktyce. Usługa skierowana jest w szczególności do studentów, którzy mogą dzięki niej\nzaczerpnąć informacje na temat stanowiska, na którym chcieliby pracować w przyszłości.\nIch znalezienie jest możliwe za pomocą wyszukiwarki Ścieżek kariery, w której należy podać nazwę danego\nzawodu lub kierunku studiów.\nUsługa umożliwia zapoznanie się ze ścieżką dotarcia do danego stanowiska, umiejętnościami posiadanymi\nprzez osoby wykonujące wybrany zawód lub ukończonymi przez nie kursami. W ramach Ścieżek kariery\nUsługodawca może przedstawić również opis pracy na danym stanowisku, informacje o przeciętnych\nzarobkach osiąganych na tym stanowisku oraz nazwy podobnych zawodów.\nDo tworzenia Ścieżek kariery mogą być wykorzystywane informacje zawarte w Profilu Użytkownika, takie jak:\ndane dotyczące wykształcenia, umiejętności, przebytych kursów zawodowych oraz zajmowanych stanowisk.\nUsługodawca \nnie \ngwarantuje \npoprawności, \nprawdziwości, \nrzetelności \ni \ndokładności \ninformacji\nprezentowanych w ramach Usługi.\n7. Inne usługi\nUsługi niewymienione w Regulaminie świadczone są przez Usługodawcę na zasadach określonych we\nwłaściwych regulaminach.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":0,"explanation":"Setting out in the ToS the main parameters used in the recommender system but not in a clear, accessible and easily comprehensible manner"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Slack","url":"https://slack.com/intl/en-ie/terms-of-service/user","lang":"ENG","sector":"Work","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"01.10.2021"},"document":{"title":"","text":"Effective: 1st October 2021\nThese user terms of service (the ‘User Terms’) govern your access and use of our\nonline workplace productivity tools and platform (the ‘Services’). Please read them\ncarefully. Even though you are signing in to an existing workspace, these User Terms\napply to you as a user of the Services. We are grateful that you’re here.\nFirst things first\nThese User Terms are legally binding\nThese User Terms are a legally binding contract between you and us. As part of these\nUser Terms, you agree to comply with the most recent version of our acceptable use\npolicy, which is incorporated by reference into these User Terms. If you access or use\nthe Services, or continue accessing or using the Services after being notified of a\nchange to the User Terms or the acceptable use policy, you confirm that you have\nread, understand and agree to be bound by the User Terms and the acceptable use\npolicy. ‘We’, ‘our’ and ‘us’ currently refer to the applicable Slack entity in the Contract\n(defined below).\nCustomer’s choices and instructions\nYou are an ‘Authorised User’ of a workspace controlled by a ‘Customer’\nAn organisation or other third party that we refer to in these User Terms as the\n‘Customer’ has invited you to a workspace (i.e. a unique domain where a group of\nusers may access the Services, as further described in our Help Centre pages). If you\nare joining one of your employer’s workspaces, for example, the Customer is your\nemployer. If you are joining a workspace created by your friend using her personal\nemail address to work on her new start-up idea, she is our Customer and she is\nauthorising you to join her workspace.\nWhat this means for you – and for us\nThe Customer has separately agreed to our Customer terms of service or entered into\na written agreement with us or our affiliate(s) (in either case, the ‘Contract’) that\npermitted the Customer to create and configure a workspace so that you and others\ncould join (each invitee granted access to the Services, including you, is an\n‘Authorised User’). The Contract contains our commitment to deliver the Services to\nthe Customer, who may then invite Authorised Users to join its workspace(s). When an\nAuthorised User (including you) submits content or information to the Services, such as\nmessages or files (‘Customer Data’), you acknowledge and agree that the Customer\n\nData is owned by the Customer and the Contract provides the Customer with many\nchoices and control over that Customer Data. For example, the Customer may\nprovision or deprovision access to the Services, enable or disable third-party\nintegrations, manage permissions, retention and export settings, transfer or assign\nworkspaces, share channels or consolidate your workspace or channels with other\nworkspaces or channels, and these choices and instructions may result in the access,\nuse, disclosure, modification or deletion of certain or all Customer Data. Please take a\nlook at our Help Centre pages for more details on our different Service subscriptions\nand the options available to the Customer.\nThe relationship between you, the Customer and us\nAS BETWEEN US AND THE CUSTOMER, YOU AGREE THAT IT IS SOLELY THE\nCUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORISED\nUSERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY\nSETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN\nANY RIGHTS, PERMISSIONS OR CONSENT FROM YOU AND ANY AUTHORISED\nUSERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND\nTHE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND\nPROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D)\nRESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORISED\nUSER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR THE\nCUSTOMER’S FAILURE TO FULFIL THESE OBLIGATIONS. SLACK MAKES NO\nREPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR\nIMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU\nON AN ‘AS IS’ AND ‘ AS AVAILABLE’ BASIS.\nA few ground rules\nYou must be over the legal age\nTo the extent prohibited by applicable law, the Services are not intended for and should\nnot be used by anyone under the age of sixteen. You represent that you are over the\nlegal age and are the intended recipient of the Customer’s invitation to the Services.\nYou may not access or use the Services for any purpose if either of the representations\nin the preceding sentence is not true. Without limiting the foregoing, you must be of\nlegal working age.\nWhile you’re here, you must follow the rules\nTo help ensure a safe and productive work environment, all Authorised Users must\ncomply with our acceptable use policy and any applicable policies established by the\n\nCustomer. If you see inappropriate behaviour or content, please report it to your\nprimary owner or employer.\nYou are here at the pleasure of Customer (and us)\nThese User Terms remain effective until the Customer’s subscription for you expires or\nterminates, or your access to the Services has been terminated by the Customer or us.\nPlease contact the Customer if you at any time or for any reason wish to terminate your\naccount, including due to a disagreement with any updates to these User Terms or\nthe acceptable use policy.\nLimitation of liability\nIf we believe that there is a violation of the Contract, User Terms, the acceptable use\npolicy or any of our other policies that can simply be remedied by the Customer’s\nremoval of certain Customer Data or taking other action, we will, in most cases, ask the\nCustomer to take action rather than intervene. We may directly step in and take what\nwe determine to be appropriate action (including disabling your account) if the\nCustomer does not take appropriate action or we believe that there is a credible risk of\nharm to us, the Services, Authorised Users or any third parties. IN NO EVENT WILL\nYOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR\nREVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,\nCOVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT,\nTORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE\nPARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS\nYOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND\nREMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO\nUS FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE\nLIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED US\nDOLLARS (USD $100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL\nNOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT\nEITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.\nApplication of consumer law\nSlack is a workplace tool intended for use by businesses and organisations and not for\nconsumer purposes. To the maximum extent permitted by law, you hereby\nacknowledge and agree that consumer laws do not apply. If however any consumer\nlaws (e.g. in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and\ncannot otherwise be lawfully excluded, nothing in these User Terms will restrict,\nexclude or modify any statutory warranties, guarantees, rights or remedies that you\nhave, and our liability is limited (at our option) to the replacement, repair or resupply of\n\nthe Services or the pro-rata refund to the Customer of prepaid fees for your\nsubscription covering the remainder of the term.\nSurvival\nThe sections titled ‘The relationship between you, the Customer and us’, ‘Limitation of\nliability’ and ‘Survival’, and all of the provisions under the general heading ‘General\nprovisions’ will survive any termination or expiration of the User Terms.\nGeneral provisions\nEmails and Slack messages\nExcept as otherwise set forth herein, all notices under the User Terms will be by email,\nalthough we may instead choose to provide notice to Authorised Users through the\nServices (e.g. a Slackbot notification). Notices to Slack should be sent\nto [email protected], except for legal notices, which must be sent\nto [email protected]. A notice will be deemed to have been duly given (a) the day after it\nis sent, in the case of a notice sent through email; and (b) the same day, in the case of\na notice sent through the Services. Notices under the Contract will be delivered solely\nto the Customer in accordance with the terms of that agreement.\nPrivacy policy\nPlease review our Privacy policy for more information on how we collect and use data\nrelating to the use and performance of our products.\nModifications\nAs our business evolves, we may change these User Terms or the acceptable use\npolicy. If we make a material change to the User Terms or the acceptable use policy,\nwe will provide you with reasonable notice prior to the change taking effect either by\nemailing the email address associated with your account or by messaging you through\nthe Services. You can review the most current version of the User Terms at any time by\nvisiting this page, and by visiting the following for the most current versions of the\nother pages that are referenced in these User Terms: Acceptable use\npolicy and Privacy policy. Any material revisions to these User Terms will become\neffective on the date set forth in our notice, and all other changes will become effective\non the date that we publish the change. If you use the Services after the effective date\nof any changes, that use will constitute your acceptance of the revised terms and\nconditions.\nWaiver\n\nNo failure or delay by either party in exercising any right under the User Terms,\nincluding the acceptable use policy, will constitute a waiver of that right. No waiver\nunder the User Terms will be effective unless made in writing and signed by an\nauthorised representative of the party being deemed to have granted the waiver.\nSeverability\nThe User Terms, including the acceptable use policy, will be enforced to the fullest\nextent permitted under applicable law. If any provision of the User Terms is held by a\ncourt of competent jurisdiction to be contrary to law, the provision will be modified by\nthe court and interpreted so as best to accomplish the objectives of the original\nprovision to the fullest extent permitted by law, and the remaining provisions of the\nUser Terms will remain in effect.\nAssignment\nYou may not assign any of your rights or delegate your obligations under these User\nTerms, including the acceptable use policy, whether by operation of law or otherwise,\nwithout the prior written consent of us (not to be unreasonably withheld). We may\nassign these User Terms in their entirety (including all terms and conditions\nincorporated herein by reference), without your consent, to a corporate affiliate or in\nconnection with a merger, acquisition, corporate reorganisation or sale of all or\nsubstantially all of our assets.\nGoverning law, venue, fees\nThe User Terms, including the acceptable use policy, and any disputes arising out of or\nrelated hereto, will be governed exclusively by the same applicable governing law of\nthe Contract, without regard to conflicts of laws rules or the United Nations Convention\non the International Sale of Goods. The courts located in the applicable venue of the\nContract will have exclusive jurisdiction to adjudicate any dispute arising out of or\nrelating to the User Terms, including the acceptable use policy, or its formation,\ninterpretation or enforcement.\nEach party hereby consents and submits to the exclusive jurisdiction of such courts. In\nany action or proceeding to enforce rights under the User Terms, the prevailing party\nwill be entitled to recover its reasonable costs and solicitor’s fees.\nEntire agreement\nThe User Terms, including any terms incorporated by reference into the User Terms,\nconstitute the entire agreement between you and us and supersede all prior and\ncontemporaneous agreements, proposals or representations, written or oral,\n\nconcerning its subject matter. To the extent of any conflict or inconsistency between\nthe provisions in these User Terms and any pages referenced in these User Terms, the\nterms of these User Terms will first prevail; provided, however, that if there is a conflict\nor inconsistency between the Contract and the User Terms, the terms of the Contract\nwill first prevail, followed by the provisions in these User Terms, and then followed by\nthe pages referenced in these User Terms (e.g. the Privacy policy). The Customer will\nbe responsible for notifying Authorised Users of those conflicts or inconsistencies and\nuntil such time the terms set forth herein will be binding.\nContacting Slack\nPlease also feel free to contact us if you have any questions about Slack’s user terms\nof service. You may contact us at [email protected] or at our postal address below:\nFor Customers and Authorised Users who use Workspaces established for Customers\nin the US and Canada:\nSlack Technologies\n\n500 Howard Street\n\nSan Francisco, CA 94105\n\nUSA\nFor Customers and Authorised Users who use Workspaces established for Customers\noutside the US and Canada:\nSlack Technologies Limited\n\n4th Floor, One Park Place\n\nHatch Street Upper\n\nDublin 2, Ireland\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"Toggl","url":"https://toggl.com/track/legal/terms/","lang":"ENG","sector":"Work","hq":"Estonia","hq_category":"EU","is_public":"Private","is_paid":"Optionally paid","date":"19.04.2021"},"document":{"title":"","text":"Terms of Service\nIntroduction\nThese terms of service describe the rights and obligations of the User and the Supplier in connection with the\nService and form an essential part of a binding contract between them (capitalised words used in this\nintroduction, including the words \"User\", \"Supplier\" and \"Service\", are defined below in section 1.1). If you are\nreading this text, there is a good chance that you may be about to become, or perhaps already are, a User. So\nplease do consider these terms carefully as they are likely to affect your rights and obligations.\nIf you wish to enjoy the Service as a consumer, i.e., a natural person (an individual) acting for purposes outside\nhis or her trade, business, craft or profession, then please pay particular attention to section 3.1 and articles 4\nand 20. You are also advised that, before proceeding to create an account, you should study the documentation\npertaining to the Service (links to which are provided below under the definition of \"Documentation\") and consider\ncarefully whether the Service is likely to meet your requirements, for a consumer's right to withdraw from this\ncontract and the right to withdraw from subscriptions are excluded under article 4.\nYou should bear in mind that, even though certain subscriptions may be available free of charge, the more\nfeature-rich Service Plans are always paid. This means that placing an order for a Service Plan often entails an\nobligation to pay. Please consult the Documentation prior to ordering anything and, when you do place an order,\npay attention to the information displayed upon each step of the procedure to be certain that what you are\nordering is indeed what you desire and that the terms presented are acceptable.\nIf you are not of legal age (which is likely to be the case if you are under 18) or otherwise do not possess full\nactive legal capacity, then the Service is not for you (see section 3.2).\nIf you are associated with a patent assertion entity (also known as a patent troll), please see section 3.3.\nIf you are entering into this Agreement on behalf of a company, organization or another legal entity, you are\nagreeing to this Agreement for that entity and representing to Supplier that you have the authority to bind such\nentity and its affiliates to this Agreement, in which case the terms “Customer,” “Organization Owner“ or a related\ncapitalized term herein shall refer to such entity and its affiliates. If you do not have such authority, or if you do\nnot agree with this Agreement, you must not use or authorize any use of the Services.\nShould you find anything in these Terms that you do not agree with, please do not use any of the Features, close\nyour User Account and remove all Software and other items forming part of the Service from your systems,\ndevices, storage media and repositories.\nRegardless of your purposes and whether you agree with the Terms, please consider the Supplier's Privacy\nPolicy (https://toggl.com/track/legal/privacy). This document describes how, when and why the Supplier collects\ninformation about individuals (including but not limited to customers), how and for what purposes these personal\ndata are processed, who processes them and what rights the individuals have in connection with the data\nconcerning them.\n\n1. Interpretation\n1.1. The following terms, when capitalised, shall have the meanings ascribed to them below:\n\"Agreement\" — the contract between the Parties, comprising the Terms, the Privacy Policy, the Data Protection\nPolicy, the Sub-processor List and such other terms concerning the Service as the Parties may agree to;\n\"Beta Feature\" – a component, property or an aspect of the Service that has not been made commercially\navailable or released to Users other than the ones who have voluntarily opted to participate in beta testing;\n\"Beta Terms\" – Beta Testing Terms of Service, available at https://toggl.com/legal;\n\"Beta Testing User\" – a User who has voluntarily opted to participate in beta testing following the terms and\nconditions set out in Beta Terms;\n\"Customer\" — anyone other than the Supplier that has a User Account. Each Customer is also a User (i.e., a\nparticular type of User) and, unless the context otherwise requires, should interpret the term \"Customer\" as\nreferring specifically to him;\n\"Data Protection Policy\" — the Supplier's data protection policy, available at https://toggl.com/track/legal/data-\nprotection;\n\"Data Subject\" — any natural person (individual) to whom any of the Relevant Data relate;\n\"Documentation\" — the meaning of this term is twofold: (a) where Service usage is concerned (i.e., in the\ntechnical and operational context), it means the current technical documentation and user guidance pertaining to\nthe Software, as published and periodically updated on the Supplier's Software-dedicated website or as the\nSupplier may otherwise from time to time provide, including particularly Software support and knowledge base\narticles (https://support.toggl.com), API documentation (https://github.com/toggl/toggl_api_docs) and notes on\nintegrations (https://www.toggl.com/track/integrations); (b) in the commercial context (i.e., where prices, billing or\npayment are concerned) it means the current information on the prices of Service Plans and the methods of their\ncalculation and payment, as published and periodically updated here: https://toggl.com/track/pricing/, or as the\nSupplier may otherwise from time to time provide;\n\"DPA\" — the data processing agreement at the end of these Terms;\n\"Feature\" — a component, property or an aspect of the Service;\n\"GDPR\" — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the\nprotection of natural persons with regard to the processing of personal data and on the free movement of such\ndata, and repealing Directive 95/46/EC (General Data Protection Regulation);\n\"Guest User\" — anyone besides the Customer and the Supplier that accesses the Customer's User Account,\nincluding particularly anyone whose respective access has been authorised or caused (whether knowingly or not)\nby the Customer;\n\"Intellectual Property\" — any and all trademarks, service marks, domain names and business names, brands,\nrights pertaining to inventions, designs, databases and proprietary information (including, without limitation, trade\n\nsecrets and know-how), patents, copyrights (including both economic as well as moral rights) and any and all\nother items treated as intellectual property or rights thereof under applicable law;\n\"Organization\" — a logical space in the Service user environment to which all the Customer's Organizations are\nassigned;\n\"Organization Data\" — the data that are stored or otherwise processed in, through or by means of a given\nOrganization, including all such User Data;\n\"Organization Owner\" — the Customer having ultimate responsibility for a given Organization, its contents and all\nactivities (including all data processing) performed in, through or by means of that Organization and\nOrganization(s) assigned to that Organization. Organization Owner is also referred to as the \"Owner\" in these\nTerms.\n\"Party\" — each of the User and the Supplier (collectively, \"the Parties\");\n\"Personal Data\" — any information relating to an identified or identifiable natural person (individual). This term\nhas the same meaning as 'personal data' under the GDPR;\n\"Privacy Policy\" — the Supplier's privacy policy, available at https://toggl.com/track/legal/privacy;\n\"Relevant Data\" — Personal Data that form part of Organization Data;\n\"Representative\" — anyone who represents the User upon his entry into the Agreement or in any transaction\nrelated hereto (e.g., ordering or terminating a Service Plan or amending or terminating the Agreement);\n\"Service\" — depending on the context, either: (a) the Supplier's providing (i) the Software and/or (ii) one or more\nresources or other benefits for use in conjunction with the Software and/or (iii) technical support services\nconcerning the foregoing; or (b) the above items collectively, any of them separately or any combination of any of\nthem, notwithstanding that the item(s) in question may not consist in a service (as, e.g., in the case of locally\ninstallable Software);\n\"Service Plan\" — a subscription, on the terms hereof, to a particular set of Features offered by the Supplier. A\nService Plan may but need not have a specific name, such as, for example, \"Free\", \"Starter\", \"Premium\" or\n\"Enterprise\". The significance of such names, if any, is explained in the Documentation, as are other differences\nbetween Service Plans (such as which Features a given Service Plan includes, what are the main characteristics\nof these Features, the prices of Service Plans and, if relevant, the technical aspects in which Service Plans vary,\ne.g., in terms of their compatibility with third-party items). A Service Plan is required for each Organization and\neach Organization does come with a Service Plan. It is possible to switch from one Service Plan to another,\nthereby adding or removing Features in relation to the Organization;\n\"Software\" — the Supplier's time tracking software (currently branded Toggl) and such other Supplier-developed\ncomputer programs as the Supplier may make available in conjunction therewith, including such patches,\nupdates, upgrades, other modifications and replacements thereof as the Supplier may from time to time provide.\nEach of the foregoing may take the form of an on-demand service, a local installation or a combination thereof;\n\n\"Sub-processor\" — a third party engaged by the Supplier to process Relevant Data in connection with the\nService;\n\"Sub-processor List\" — a list of third parties (sub-processors) who, under their arrangements with the Supplier,\nmay process Relevant Data in connection with the Service. This list is periodically updated and currently\navailable here: https://toggl.com/track/legal/sub-processors;\n\"Subscriber\" — in relation to each Service Plan, the Customer to whom the Service Plan belongs (which usually\nmeans the Customer who ordered the Service Plan unless the same has transferred to another Customer, if\npermitted hereunder);\n\"Supplier\" — either (a) Toggl OÜ, an Estonian private limited company, registered number 11346813,\nestablished and doing business at Toggl OÜ, Tornimäe 5, 2nd floor, Tallinn 10145, Estonia,\nemail [email protected], telephone +372 712 1144; or (b) Toggl Inc, a Delaware corporation, file number\n5675394, established and doing business at Suite 403-A, 1013 Centre Road, Wilmington, DE 19805, USA,\nemail [email protected], telephone +372 712 1144; as determined under article 2 of the Terms separately\nwith respect to (α) the Agreement in so far as it does not concern any Service Plan specifically or the User acting\nas an Organization Owner; (β) the Parties' relationship in the context of a particular Service Plan; and (γ) the\nParties' relationship in the context of the User acting as an Organization Owner;\n\"Terms\" — these terms of service, including the DPA;\n\"User\" — anyone other than the Supplier that downloads, saves, installs, uses, accesses, interacts with, or is the\nrecipient of the Service or possesses or controls, directly or indirectly, any item that forms part of the Service,\nincluding, without limitation: (a) the Customer; (b) anyone who performs any of the above acts on the Customer's\nbehalf or through his User Account, whether authorised to do so or not; (c) anyone who accesses a resource\n(e.g., visits a web page or retrieves a file, information or other object) that is located on the Service or forms a\npart thereof; (d) anyone with a copy of any Software. Each User should interpret this term as referring specifically\nto him unless the context otherwise requires;\n\"User Account\" — a Service user account whose purpose is to allow its holder to use one or more Features\n(i.e., enjoy the end-user benefits thereof);\n\"User Data\" — any data, including Personal Data, that a User processes (e.g., collects, enters, records, stores,\nalters, arranges, deletes, uses, transmits, discloses or makes available) through a User Account or otherwise by\nmeans of the Service;\n\"Workspace\" — a logical space in the Service user environment where one or more Customers may use the\nFeatures available to them, as further described in the Documentation;\n1.2. In these Terms: (a) the words \"herein\", \"hereto\", \"hereof\", \"hereunder\", \"hereby\" and \"herewith\" refer to the\nAgreement; (b) words denoting a gender or genders are to be construed as referring to all genders appropriate in\nthe context; and (c) save where the context clearly otherwise determines, the word \"item\" means any legal object,\ni.e., anything tangible or intangible (including any electronic object and any right or other benefit) that is capable\nof being the object of a right, duty or a capacity.\n\n1.3. This Agreement constitutes the entire contract between the Parties relating to the subject matter hereof,\nsuperseding all prior agreements and understandings of the Parties concerning that matter. If any provision of the\nAgreement conflicts with any Service-related information provided elsewhere, the provision in the Agreement\nshall prevail.\n2. Parties, Formation of contract, term\n2.1 The identity of the Supplier, i.e., which of the entities specified under the definition of \"Supplier\" the User is\ncontracting with, depends on the type of User and the User's domicile or, upon ordering a paid Service Plan, the\ndomicile of the party paying for the Service Plan, and is determined separately with respect to:\n(a) the Agreement in so far as it does not concern any Service Plan specifically or the User acting as an\nOrganization Owner;\n(b) the Agreement in relation to each Service Plan specifically, i.e., the Parties' relationship in the context of a\nparticular Service Plan; and\n(c) the Agreement in so far as it concerns the rights and obligations of the User as an Organization Owner and\nthe Supplier's corresponding rights and obligations (including their respective rights and obligations under the\nDPA), i.e., the Parties' relationship in the context of the User acting as an Organization Owner.\n2.2 A separate Agreement shall form under each of subsections 2.1(a), 2.1(b) and 2.1(c) as follows:\n(a) where the User, or, in the case of subsection 2.1(b), the person or entity paying for the Service Plan, is\ndomiciled in the United States of America (U.S.), the relevant Agreement shall form between the User and Toggl\nInc as the Supplier;\n(b) where the User, or, in the case of subsection 2.1(b), the person or entity paying for the Service Plan, is\ndomiciled in any jurisdiction other than the U.S. or his domicile cannot be determined, the relevant Agreement\nshall form between the User and Toggl OÜ as the Supplier.\n2.3 Consequently, most Users will have more than one Agreement and the identity of the Supplier in those\nAgreements may but need not be the same. Specifically, as per the rules under sections 2.1 and 2.2:\n(a) each User shall have an Agreement under subsection 2.1(a) with the Toggl entity that corresponds to his\ndomicile according to section 2.2.\nThe Agreement referenced in the first paragraph of this subsection: (α) shall be effective upon the earlier of (i) the\nparty to be identified as the User consenting to the Terms, whether explicitly or impliedly, with implied consent\nbeing deemed to have been given by the performance of any of the acts mentioned in the definition of \"User\",\nand (ii) the said party becoming identifiable by any of the characteristics used in these Terms to define a User or\na Customer (except the attribute \"other than the Supplier\"); (β) is for an indefinite term, continuing in force until\nterminated pursuant to its terms or on statutory grounds, except that certain of its provisions (as identified herein)\nwill survive any termination hereof;\n\n(b) the Subscriber and any User who enjoys any of the benefits of a Service Plan in relation to which he is not the\nSubscriber shall, as respects the given Service Plan, have an Agreement under subsection 2.1(b) with (i) the\nToggl entity corresponding to the Subscriber's domicile, in the case of a free Service Plan, or (ii) in the case of a\npaid Service Plan, the Toggl entity corresponding to the domicile of the payer.\nThe Agreement referenced in the first paragraph of this subsection: (α) between the Supplier and the Subscriber\nshall be effective upon the Supplier's acceptance of the order for the Service Plan, whether explicitly or impliedly,\nwith implied acceptance being deemed to have been given by making the relevant Features available; (β)\nbetween the Supplier and a User other than the Subscriber shall be effective upon any of the Service Plan's\nbenefits becoming available to the User; and, in either case (γ) shall terminate upon (i) a new Agreement being\nmade between the Supplier and a Subscriber under subsection 2.1(b) in relation to the Organization concerned,\ni.e., where the Service Plan pertaining to the Organization is replaced by another, (ii) the expiry of the Service\nPlan, (iii) the User ceasing to be a member of the Organization (in which event the Agreement in question will\nonly terminate in respect of the particular User), (iv) the Organization being closed, or (v) the party paying for the\nService Plan being replaced by another whose domicile, if the Agreement were made anew with him as the\npayer, would, as per point (b)(ii) above, cause the same to form with a Toggl entity other than the current\nSupplier, or the existing payer's domicile being changed respectively; (δ) where point (γ)(v) applies, a new\nAgreement under subsection 2.1(b) shall automatically form with the Toggl entity corresponding to the new\ndomicile of the payer;\n(c) the Organization Owner shall always have an Agreement under subsection 2.1(c) with the Toggl entity having\nissued the Service Plan then-effective in relation to the given Organization, i.e., each time that the Organization\nbecomes subject to an Agreement between the Supplier and a Subscriber under subsections 2.1(b) and 2.3(b) a\nnew Agreement under subsection 2.1(c) shall form between the Organization Owner and the respective Toggl\nentity, with the Owner's previous Agreement under that subsection terminating respectively (and such re-\nestablishment of contract having no effect on the Service).\n2.4 A separate contract is always formed between the Supplier and each User. No User is party to, or a third-\nparty beneficiary or a protected or otherwise interested third party under, another User's contract with the\nSupplier, or can raise any claim based on or in connection with that contract.\n2.5 The Supplier's undertakings with regard to the Service are to the Customer only and no one else may\ndemand, or shall rely on, the Supplier's performance of its respective obligations (or any other obligation that the\nSupplier may have under its Agreement with the Customer).\n3. Special categories of users\n3.1 The Service is for business users, to be enjoyed as a workplace tool. It is not intended for personal or\nhousehold use or any other consumer application. Any natural person (individual) wishing to use any of the\nFeatures for a purpose unrelated to his trade, business, craft or profession must, before obtaining a Service Plan\nfor the respective Feature(s), notify the Supplier that he wishes to use the Service as a consumer. The User's\nfailure to provide such notice will, to the maximum extent permitted by law, result in the following: (a) the User not\nbeing able to rely on being a consumer, i.e., he shall be deemed to have waived the respective right; (b) no\n\nconsumer law applying to the Parties' relations; and (c) the User forfeiting any and all consumer rights hereunder,\nincluding particularly, if applicable, the right to withdraw from the Agreement and the Service Plan in question.\n3.2 As far as natural persons are concerned, the Service is only intended for those who have full active legal\ncapacity. Such capacity is usually attained by becoming of legal age (the age of majority), which commonly\noccurs at the age of 18. Individuals whose active legal capacity is restricted are also restricted from being Users\nand must not perform any of the acts mentioned in the definition of \"User\". The Customer must ensure that any\nnatural person whom he causes to become a User (e.g., by causing the person to access the Customer's User\nAccount or a resource that is located on or forms a part of the Service) has full active legal capacity. Also, each\nnatural-person User and Representative shall, by having assumed the respective role (explicitly or impliedly), be\ndeemed to have represented to the Supplier that he is, and, in the Representative's case, that both he and the\nUser are, at least 18 years old and capable of entering into contracts. The above representation is deemed to be\nmade every time that the person causes himself (and, in the Representative's case, when he causes the User) to\nbe exposed to the Service.\n3.3 Patent assertion entities (also referred to as non-practicing entities or patent trolls), meaning persons or\nentities that derive or seek to derive a substantial part of their revenue from the offensive assertion of patent or\nother intellectual property rights, are generally restricted from being Users and shall not enjoy any of the rights\nthat a Customer is intended to have hereunder, except as otherwise provided in the following part of this section.\nA patent assertion entity and anyone acting on behalf, on the instructions or for the benefit of, or directly or\nindirectly controlling, being controlled by, or under common control with, such an entity is prohibited from being a\nUser and must not perform any of the acts mentioned in the definition of \"User\", save upon the Supplier's prior,\nexplicit and informed consent and the respective person or entity having given such undertakings and\nassurances as the Supplier reasonably may request.\n4. Forfeiture of the right of withdrawal\n4.1 The User hereby requests that the Supplier's performance of the Agreement commence immediately and that\nthe benefits to which the User is entitled hereunder, including, where applicable, the Features authorised under\nhis Service Plan(s), be made available to him immediately. The User acknowledges and agrees that by making\nthe above requests he loses the right (if any) to withdraw from the Agreement and, where applicable, the right to\nwithdraw from the Service Plan(s) in question.\nThe User further requests that the Features to be authorised under any future Service Plan he may obtain be\nmade available to him immediately upon the Service Plan's commencement. The User acknowledges and agrees\nthat by requesting this (and the respective Features becoming available to him) he loses the right, if any, to\nwithdraw from the Service Plan.\n5. Licence\n5.1. Subject to the terms set forth herein, the Supplier grants to the below Party, and the latter accepts, the\nfollowing limited, non-exclusive and restrictedly-transferable right:\n\n(a) to the Subscriber — the right use, during the term of his Service Plan, the Features available under that\nService Plan;\n(b) to the Customer — the right to access and use his User Account during the term hereof in a manner and by\nsuch means as consistent with the Service Plans whose benefits he is entitled to enjoy;\n(c) to the User having a complete end user copy of a Software product — the right to install, store and use the\nrespective Software copy during the term hereof on a device for which it is intended.\nEach of the above rights shall be exercised solely for the respective Party's own internal legitimate purposes and\nnone of these rights shall be sublicensed, assigned, encumbered or otherwise disposed of, save if and to the\nextent otherwise permitted under section 22.1.\n5.2. A User who enjoys the benefits of a Service Plan in relation to which he is not the Subscriber shall, in the\ncontext of that Service Plan, be deemed to be a sub-licensee of the Subscriber. For the avoidance of doubt, the\nbenefits of a Service Plan do not include the rights of an Organization Owner. The rights and obligations\nattaching to the Owner's role cannot be sublicensed or delegated (but they are restrictedly-transferable).\n5.3. The Service is intended for normal end use, respecting the rights, freedoms and legitimate interests of\nothers, and may only be accessed through the interfaces that the Supplier has provided or authorised therefor.\n5.4. Where Documentation is available concerning a particular Feature, the Feature should be used in\naccordance with that Documentation.\n5.5. Reproduction of the Software by persons other than the Supplier is only allowed for the purposes of Software\ninstallation and backup, and only to the extent that such reproduction is necessary for using the Software in\naccordance with this Agreement.\n5.6. As between the Parties, all Service-related Intellectual Property shall vest in, and is retained by, the Supplier.\nThe User shall not acquire any right thereto or otherwise in connection with the Service, except for the limited\nrights of use expressly set forth in this Agreement.\n6. Service\n6.1. The Supplier will use commercially reasonable efforts to provide the Subscriber with the benefit of all\nFeatures authorised under his Service Plan.\n6.2. The level of Service to which the Customer is entitled (including the nature, scope, availability, means of\naccessing and providing and other particulars of the Supplier's Software-related technical support services) may\ndepend on the Service Plan chosen. The Documentation explains in more detail the effects that the selection of a\nService Plan can have on the Service.\n6.3. Unless otherwise provided in the Documentation or specifically agreed between the Customer and the\nSupplier: (a) the Customer may contact the Supplier for technical support at the email address specified in the\ndefinition of \"Supplier\" or by using such error reporting or customer feedback features as may be available via the\n\nService; (b) the Supplier aims to respond to support requests within 24 business hours and endeavours to\nresolve Software errors and Service defects within reasonable time but makes no commitment as to how quickly\nsupport will be provided or such matters will be resolved.\n6.4. The User acknowledges and agrees that:\n(a) the Service (i) has not been designed to meet his specific requirements, (ii) may from time to time suffer\ninterruptions and be occasionally unavailable, (iii) has and will continue to have certain bugs and vulnerabilities,\nand (iv) should not be relied upon in inherently dangerous circumstances;\n(b) the Software, the Service and anything offered or delivered as a part of, in conjunction with, or by means of\nany Feature is provided on an \"as is\" and \"as available\" basis;\n(c) his selection of a Service Plan and use of any of the Features are at his own risk, as are his exposure to,\ndown- and uploading of, as well as transmission, receipt, storage, possession, disclosure and other handling of\ndata, computer programs, software code or other items through or due to the Service.\n6.5. The Service may provide links, references or access to third-party websites, resources or services and the\nlatter may provide the same with respect to the Service. The Supplier is not responsible for the existence or\nqualities (including the availability, reliability and security) of such external sites, resources or services, does not\nendorse them and shall not be liable for any loss, damage, expenses or other undesirable consequences\nattributable thereto.\n6.6. The Supplier has no obligation to enhance, modify or replace any part of the Service, or continue developing\nor releasing new versions thereof.\n6.7. The Supplier may: (a) discontinue the Service or cease providing the same to any Customer on a month's\nnotice; (b) cease providing the Service to any User other than a Customer without notice; (c) suspend or restrict\naccess to the Service for anyone whose payment hereunder is overdue more than 6 days or whose use of the\nService conflicts with the Agreement; (d) suspend, limit or terminate the availability of Features in relation to an\nOrganization whose properties do not conform to its then-current Service Plan (e.g., if there are more members in\nthe Organization than the Service Plan allows) or replace that Service Plan with one to which the Organization\nconforms; and (e) suspend performance under the Agreement in whole or in part with immediate effect if legally\nrequired to do so.\n7. Payment\n7.1. Anyone who orders a Service Plan or permits or causes one to be ordered on his behalf is deemed to have\nagreed to and accepted liability for the payment of all fees and charges associated with the Service Plan, and\nconsented to the same being calculated, billed, revised and adjusted according to the rules that the Supplier has\nestablished therefor (as described in this Agreement and the Documentation). The same applies to anyone who\npermits or causes himself to be designated as a payer for a Service Plan (e.g., by allowing another User to\nspecify him as such upon ordering a Service Plan) or otherwise assumes responsibility for incurring Service Plan\nrelated fees and charges.\n\n7.2. Unless otherwise specifically agreed: (a) Service Plan subscription fees for any billing period will be\ndetermined on a single Organization, number of members in the Organization and a monthly amount per\nOrganization member basis, i.e., for each Service Plan: a specified monthly amount per Organization member\nmultiplied by the number of members in the Organization to which the Service Plan pertains multiplied by the\nnumber of months in the billing period applying to the Service Plan (e.g., if the monthly charge per Organization\nmember is $9, the Organization has five members and the billing period is one year, then the subscription fee for\nthat billing period will be $9*5*12=$540); (b) the billing cycle in relation to a Service Plan is either monthly or\nannual (as chosen upon subscription), starting on the day the Service Plan commences or, if a free trial period\napplies, on the day immediately following the trial; (c) payment for the Service Plan is due in advance by the first\nday of the relevant billing period.\n7.3. Payments for a Service Plan shall be in the agreed currency, using a payment method acceptable to the\nSuppler (which, unless otherwise specified in the Documentation, includes credit card, PayPal and wire transfer).\n7.4. The Supplier may vary the fees, rates and the billing cycle applicable to the Customer's Service Plan upon a\nmonth's notice. If the Customer does not agree with the respective change(s), his sole remedy shall be to cancel\nthe Agreement or the Service Plan in question, with failure to do so signifying his agreement to the change(s).\n7.5. The Supplier's fees are non-refundable. For instance: (a) if the Agreement or a Service Plan is terminated or\nvaried mid-billing period, the Customer will not be entitled to any refund (including any partial refund) as concerns\nthat billing period; (b) payments attributable to future billing periods will not be refunded unless otherwise\nexplicitly agreed.\n7.6. Upon on an upgrade or a downgrade from one paid Service Plan to another the amounts that the Customer\nprepaid for the original Service Plan (i.e., the credit remaining on the relevant subscription) will be applied against\nthe amounts payable for the new Service Plan.\n7.7. The Supplier's fees and rates are exclusive of value added and sales taxes and other public dues (except for\nthose based on the Supplier's income), save where the Supplier has otherwise explicitly stated. The User shall\nbe solely responsible for all public dues that may be levied on his purchase, receipt, import, export, use or\nenjoyment of anything provided hereunder.\n7.8. All sums owed to the Supplier must be paid in full, without deducting any currency conversion or payment-\nrelated charges.\n7.9. The User acknowledges that: (a) his payments are handled by third-party service providers; (b) the Supplier\nis not responsible for these parties or their services and has no liability as concerns payment processing; (c) late\npayment may result in the suspension of Service, restriction of access to certain or all of the Features or the\ntermination of the Agreement.\n7.10. The Supplier may, in its absolute discretion, charge interest on overdue amounts at either 18% per annum\nor the relevant statutory rate, whichever it elects.\n8. User's undertakings\n\n8.1 The Customer must be a person (natural or legal) or an entity with legal capacity.\n8.2 Upon opening a User Account, ordering a Service Plan, becoming an Organization Owner, and otherwise\nwhen transacting with the Supplier, the User shall use his true legal name and provide such true and accurate\ncontact and other information as requested (the Supplier only asks for information that is warranted by the\ncircumstances).\n8.3 The User must comply, and the Customer shall cause each Guest User to comply, with all legal requirements\napplicable to his use of the Service, handling of Organization Data and other activities hereunder (including\nexport control provisions and requirements as to the processing of Personal Data).\n8.4 The User warrants that his User Data and, in the Customer's case, the User Data of Guest Users are lawful\nand acquired properly and that his data processing activities and, in the Customer's case, those of Guest Users\nare legal.\n8.5 The User further warrants that he will not use the Service for sending unsolicited communications or\nuploading, transmitting, delivering, running, controlling or storing harmful code, malware or illegal content, and, in\nthe Customer's case, that no Guest User will do so.\n8.6 If the Supplier reasonably believes that User Data or the User's data processing activities violate the law or\notherwise conflict with the Agreement, it may, in its absolute discretion: (a) ask the User to take such action as\nthe Supplier considers necessary for remedying the matter (which, where feasible and legally permitted, will be\nthe preferred option); or (b) remove, disable, restrict access to, or delete the data concerned without being liable\n(neither to the User nor anyone else) for any loss, damage or other undesirable consequences resulting\ntherefrom.\n8.7 Without prejudice to any of his statutory obligations, the User undertakes that he will not, and the Customer\nfurther undertakes that no Guest User will: (a) interfere with the proper functioning of the Service; (b) impose an\nunreasonable load on the Service or its infrastructure; (c) consume any resource or otherwise use any item\nhereunder in a manner or to an extent that prejudices another User's enjoyment of the Service; (d) reproduce the\nSoftware, except as expressly permitted herein; (e) translate, adapt, arrange or otherwise alter the Software or\nreproduce the results of any such activity; (f) distribute or redistribute, including sell, rent, lease, lend or otherwise\nmake available, the Software (neither the original Software nor any copy thereof) or any other part of the Service;\n(g) decompile, disassemble or otherwise reverse engineer the Software; (h) remove, alter, hide or obscure any\ncopyright notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise pertaining\nto any part of the Service; (i) create or attempt to create any product or service that is substantially similar to, or\nperforms the same or substantially similar functions as, or otherwise competes with any part of the Service, or\npurports to be created, provided or approved by the Supplier or its licensors; or (j) cause anyone else to do any of\nthe foregoing.\n9. Representative's undertakings\n9.1. The Representative personally warrants to the Supplier that: (a) his principal, upon becoming and while\nbeing a Customer, conforms to the description provided in section 8.1; (b) he is authorised to act on the User's\n\nbehalf; and (c) the transactions he makes on the User's behalf, including, if applicable, this Agreement, are\nbinding on the User.\n9.2. The Representative agrees that if he opens a User Account for a principal who does not conform to the\ndescription of section 8.1 or if any transaction he makes on the User's behalf proves to be void due to his lack of\nauthority, he shall, if the Supplier in its absolute discretion so elects and respectively informs the Representative,\nbe deemed to have opened the User Account or, as applicable, entered into the transaction on his own behalf\n(i.e., in place of the principal whom he represented or purported to represent).\n10. User Account\n10.1. The Customer shall be fully responsible for the activity that occurs under his User Account, including all\ndata processing and other acts performed through or by means thereof, and must notify the Supplier promptly\nupon learning of any security breach relating to or unauthorised use of his User Account.\n10.2. It shall be the User's own responsibility to maintain the confidentiality of his usernames, passwords, access\ntokens and similar credentials.\n10.3. The Supplier has no obligation to monitor or access any User Account but may do so if reasonably\nwarranted (e.g., to provide technical support, prevent illegal or harmful activity, perform its duties hereunder or\ncomply with a legal obligation).\n10.4. The Supplier may, in its sole discretion, temporarily or permanently disable, close or restrict access to any\nUser Account that is used for infringing on anyone's Intellectual Property or proprietary or personal rights or to\nperform any of the acts mentioned in section 8.7, and shall not be liable for any loss, damage or other\nundesirable consequences resulting therefrom.\n11. Organization Owner\n11.1. Each Organization must have an Owner, i.e., there must always be a Customer (Organization Owner) who\nis ultimately responsible for the Organization, and it is for the Customers participating in the Organization (the\nmembers thereof) to ensure that an Owner is designated and accepts the pertaining responsibility. Organization\nmembers are jointly and severally liable for their Organization having an Owner and the Owner being a real\nperson (natural or legal) who can be reached at the email and physical addresses specified in the Organization\nas the Owner's details. In the case of sole-member Organizations, i.e., where there is only one Customer to\nwhose User Account the Organization attaches, the responsibility and liability described in this section fall to the\nrespective Customer.\n11.2. The default Organization Owner is the Customer who created the Organization or on whose behalf the\nOrganization was created, but the identity of the Owner can be changed in Organization settings, provided that\nthe Customer to whom the role is to be assigned agrees to assume the same and the requirements of section\n22.1 are complied with.\n\n11.3. Should there be any doubt or dispute as to who created a given Organization, on whose behalf it was\ncreated or who the Organization Owner is, the Supplier is authorised to determine the same, with its respective\ndetermination binding on all parties concerned. For the avoidance of doubt, it is not the Supplier's duty to allocate\nresponsibility or resolve disputes between Organization members and the Supplier will use the above authority\nonly as an ultimate measure in situations where the rights, freedoms, assets or legitimate interests of the Supplier\nor other parties (such as, e.g., Users, data subjects or Intellectual Property owners) are at risk or need to be\ndefended, or where the exercise of such authority is necessary for the performance of the Agreement or to\ncomply with a legal obligation to which the Supplier is subject.\n11.4. Where a Service Plan terminates due to it being replaced by another, so shall the Organization Owner's\nrights and obligations as an Owner with respect to the related Organization, and his role as a Organization Owner\nis re-established in relation to the Supplier having issued the new Service Plan, i.e., the Owner's Agreement\nunder subsection 2.1(c) is automatically replaced as per subsection 2.3(c), without the Service being deemed to\nhave ceased or recommenced by reason thereof. The same applies respectively upon the renewal or reissuance\nof a Service Plan.\n11.5. The Owner shall ensure that Organization Data are lawful and acquired properly and that all data\nprocessing and other activities performed in, through or by means of the Organization are legal.\n12. Data rights\n12.1. The User acknowledges that the rights he has and the control he can exercise in relation to Organization\nData, including the ability to access, process and dispose of the same, are commensurate with his role in the\nOrganization. There may be other Users in the Organization, including but not limited to the Organization Owner,\nwhose status or privileges permit them to enable, disable, limit, suspend or terminate, or whose decisions may\notherwise affect, the User's access to and his rights concerning Organization Data. The same applies in relation\nto the Organization itself, its sub-environments and the Features available in connection therewith. In case\nanother User exercises such power or there is a disagreement concerning anyone's permissions or privileges in\na Organization or rights with respect to Organization Data, it is a matter to be resolved between Users. The\nSupplier has no obligation to intervene, and usually does not intervene, in such disputes and in any event is not\nresponsible for any User's decisions, acts or omissions in relation to, or which affect, another User.\n12.2. As between the Parties, Organization Data belong to the Organization Owner and his instructions as to\nOrganization Data override those of any other User. The User acknowledges this and shall not hold the Supplier\nliable for any undesirable consequences that he or anyone else may suffer due to the Supplier's disposal or\nprocessing of User Data pursuant to the instructions of an Owner other than the User where those User Data\nform part of that Owner's Organization Data.\n12.3. The User, whether an Owner or not, acknowledges and agrees that if an Organization is closed (whomever\nby), then the Supplier has no obligation to maintain or provide Organization Data and may, unless legally\nprohibited, delete the same.\n\n13. Personal Data\nNote on interpretation: the terms 'controller' and 'processor' have the meanings assigned to them in the GDPR.\n13.1. Each of the User and the Representative acknowledges that certain information relating to him is collected\nand otherwise processed by the Supplier or its nominees. Where such information constitutes Personal Data, the\nrespective processing is subject to the Privacy Policy. The Privacy Policy lists a number of purposes for which the\nSupplier may process Personal Data. In the User's and the Representative's case, the processing is largely\nwarranted by the Supplier's preparation and performance of contracts between itself and the User (notably, the\nAgreement and transactions related to the Agreement) and the need to comply with certain legal obligations to\nwhich the Supplier is subject (e.g., obligations arising from legislative or regulatory acts concerning taxation,\naccounting, financial reporting, prevention of terrorism or money laundering, or judicial or administrative process).\nHowever, the purposes of the processing may not be limited to the above. The Privacy Policy gives a more\nthorough account of the purposes for which the Supplier (as a 'controller') processes Personal Data and of other\nmatters concerning such processing\n13.2. The allocation of roles and responsibilities in the processing of Relevant Data is as follows: (a) the\nOrganization Owner is the 'controller' of these data; (b) the Supplier is the 'processor' thereof; (c) a Sub-\nprocessor is also a 'processor' of Relevant Data but one who acts under the Supplier's responsibility (and thus\nenjoys the protection mentioned in section 16.5); (d) any enquiry, request, objection, complaint or demand that\nthe User as a Data Subject may have in connection with such processing (i.e., where the information processed\nrelates to the User) should be addressed to, and resolved by, the Organization Owner (with such assistance from\nthe Supplier as may be necessary and appropriate in light of its role as the 'processor' of the respective\ninformation).\n13.3. The DPA sets out further rights and obligations of the Organization Owner and the Supplier in relation to the\nprocessing referenced in section 13.2.\n14. Contributions\n14.1 With respect to any product of intellectual activity, including any object of Intellectual Property, that is\nsubmitted, contributed or otherwise knowingly made available for inclusion in the Software or any other part of\nthe Service, the Supplier shall be deemed to have been granted a non-exclusive, royalty-free, worldwide,\nperpetual (save as limited by law), irrevocable, freely transferable and fully sublicensable right to use, distribute,\nreproduce, modify, adapt, publish, translate, transmit, publicly perform, display and make available the same (in\nwhole or in part) and to incorporate it into other items, including works and inventions, in any form or medium now\nknown or hereafter developed. Anyone making such a contribution warrants to the Supplier that he is authorised\n\nto do so and that neither he nor any author of any item embedded in his contribution will seek any compensation\nor reimbursement in connection therewith\n15. Disclaimer of warranties\n15.1. Any warranty of the Supplier not expressly stated herein shall be deemed withheld. The Supplier disclaims,\nto the maximum extent permitted by applicable law, all statutory and implied warranties and course of\nperformance, course of dealing and usage related expectations with respect to the Service.\n15.2. Without prejudice to the generality of the foregoing, the Supplier in particular makes no representation and\ngives no warranty or guarantee: (a) that the Service is fit for any particular purpose, accurate, timely, of\nsatisfactory quality, enjoyable, available regardless of, or in any specific, jurisdiction, or non-infringing of third-\nparty rights; (b) that access to or the operation or use of the Service will be uninterrupted, secure or error-free; (c)\nthat any error or defect in the Service will be corrected; (d) that the Service or any means by which it is accessed\nor used is free of malware or other harmful components; (e) with respect to any third-party item; or (f) to anyone\nwho is not a Customer.\n15.3. The Supplier's disclaimers in connection with the Service apply both to the Service as a whole and each\ncomponent thereof.\n16. Limitation of liability\n16.1. To the extent not prohibited by applicable mandatory law, and subject to section 16.2:\n(a) the Service is provided \"as is\" and \"as available\", with all faults and defects; and, in any event\n(b) the Supplier shall not be liable (under any theory of liability), neither to the User nor anyone else, for any\nundesirable consequences, including any loss or damage of whatever nature, whether foreseeable or not and\neven if advised of the danger thereof, that result from (i) any installation, implementation, upgrade, downgrade,\nmodification or customisation of the Software not carried out by the Supplier, (ii) failure to use a Feature in\naccordance with the Documentation, the Agreement or applicable law, (iii) using a Feature in conjunction with an\nitem not provided or approved by the Supplier, (iv) using a third-party item in conjunction with a Feature not in\naccordance with the relevant third-party documentation or instructions, (v) not applying an available fix, patch,\nupdate, service pack or upgrade that would have avoided the harmful event, (vi) inherently dangerous application\nof any of the Features or anything else provided hereunder, (vii) any unauthorised accessing or use of a\nCustomer's User Account or any Organization, (viii) any unauthorised use of any User's credentials, (ix) any\ncommunication received or transaction entered into through or by means of the Service, (x) anyone's statements\nor conduct on any site, page or other medium forming part of the Service, or (xi) anything attributable to anyone\nother than the Supplier;\n(c) where subsection (b) does not apply, the Supplier shall not be liable (under any theory of liability), neither to\nthe User nor anyone else, for any loss of profit, business or opportunity, or any special, consequential, incidental,\n\nindirect, punitive or non-patrimonial loss or damages, whether foreseeable or not and even if advised of the\ndanger thereof. The Supplier may only be held liable for the User's direct financial loss;\n(d) the Supplier's total cumulative liability arising out of, related to, or in connection with this Agreement, the\nService, the Documentation, the processing of Personal Data, or anything else, shall not exceed (i) the total\nfinancial consideration (exclusive of value added and sales taxes and other public dues) that the User paid to the\nSupplier in connection with the Service during the 12 months immediately preceding the month in which the\nliability event (i.e., the event/s or circumstance/s underlying the Supplier's liability) occurred, or (ii) if the User had\nno obligation to make such payments during the period mentioned, then EUR 50 (fifty euros);\n(e) this section is without prejudice to the exclusions and limitations of liability that apply by operation of other\nprovisions hereof.\n16.2. Subsections 16.1(a) – 16.1(d) shall neither exclude nor limit mandatory liability for any: (a) wilful breach by\nthe Supplier of any of its obligations; or (b) death or personal injury caused by a defective item produced by the\nSupplier (mandatory product liability)\n16.3. Neither Party shall be liable for breaching his obligations due to a circumstance that is beyond his control\nand which he reasonably could not have foreseen or avoided and which, or whose consequences, he reasonably\ncannot be expected to overcome, such as, for example, a force of nature, conduct of public authorities, war, civil\nunrest, act of terror, nontrivial cyberattack, failure of a third-party hosting, internet or utility service or any other\ncircumstance qualifying as force majeure under applicable law — to the extent that the respective circumstance\nprevented or hindered the Party's performance. For the avoidance of doubt, this section shall not limit the amount\nof, or excuse the User from paying, any fee or other sum that the User owes hereunder.\n16.4. Nothing herein shall prevent the Supplier from invoking, or otherwise prejudice the Supplier's recourse to,\nany statutory defence, remedy or exclusion or limitation of liability.\n16.5. The protection afforded to the Supplier hereunder, and any statutory protection that the Supplier may enjoy,\nextends to anyone who acts on the Supplier's behalf, exercises its rights or performs its duties or assists the\nSupplier in doing the same.\n17. Indemnification\nThe User shall defend, indemnify and hold harmless the Supplier, its officers, directors, employees, contractors,\nagents and representatives from and against all claims made by and all damages, liabilities, penalties, fines,\ncosts and expenses payable to any third party that arise from the User's or, if the User is a Customer, then his\nown or any Guest User's: (a) breach of any obligation, representation or warranty hereunder; (b) misuse of any\nFeature; or (c) infringement of anyone's Intellectual Property or proprietary or personal rights.\n18. Changes\n\n18.1. The User acknowledges that, from time to time, circumstances may arise that make it necessary or\ndesirable to vary certain provisions of this Agreement. Such circumstances include: (a) the Supplier's launch of a\nnew service or a modification to the Service; (b) a significant change in the Supplier's operating environment; (c)\nan order or a judgment being entered against or in favour of the Supplier; (d) a significant corporate event, such\nas, e.g., the Supplier's merger, acquisition or transformation; (e) the Supplier's transfer of the enterprise or a part\nof the enterprise to which the Agreement pertains; (f) the ambiguity, invalidity, voidability or unenforceability of a\nprovision herein; (g) any other event whose occurrence or expected occurrence in the Supplier's reasonable\njudgment necessitates an amendment hereto.\n18.2. The User agrees that: (a) upon any of the circumstances referenced in the preceding section the Supplier\nmay make such changes to the Agreement as it reasonably deems appropriate; (b) the Supplier may amend the\nAgreement as follows: (i) if the User is a Customer, then by providing him with the revised text of the Agreement\nor the revised part thereof or with a URL specifying a location where the same is available on the internet, or (ii) if\nthe User is not a Customer, then by any of the means described in point (i) or by posting the revised text of the\nAgreement or the revised part thereof on such page of the Supplier's website as then used for publishing\nmaterials such as the Terms; (c) if he is a Customer and the revised version of the Agreement substantially\nreduces his rights or increases his responsibilities, the Supplier will give him reasonable notice of such new\nversion's entry into force.\n18.3. Notwithstanding anything herein to the contrary, the Supplier may modify the Service or any part thereof at\nany time and for any reason, with or without notice. Unless otherwise expressly agreed, the use of any new\nfeatures, versions, releases, updates or other modifications that the Supplier may make available in connection\nwith the Service shall be subject to the Agreement. The User's continued use of the Service after any such\nmodification shall constitute his consent to the respective modification(s).\n18.4. if the User does not agree with the Supplier's changes (whether to the Agreement or the Service), his sole\nremedy shall be to terminate the Agreement and stop using all Features.\n19. Termination\n19.1. In this article, the term \"Agreement\" means the Agreement referenced in subsection 2.1(a) and words such\nas \"herein\", \"hereto\", \"hereof\" and \"hereunder\" refer to that Agreement, unless otherwise specified.\n19.2. The Agreement between the Supplier and a Customer can only be terminated by closing the Customer's\nUser Account. For the avoidance of doubt, where the Customer has more than one User Account, closing an\naccount will only terminate the Agreement pertaining to that account.\n19.3. The Agreement between the Supplier and a User other than a Customer can be terminated by notice to the\nother Party or, if giving notice to the User is impracticable or would result in unreasonable delay or expense, then\nby the Supplier's ceasing all activities hereunder, except those which are necessary for providing the Service to\nanother User, the protection or enforcement of the Supplier's or other parties' rights, freedoms or legitimate\ninterests, the exercise of the Supplier's statutory rights or freedoms, or to comply with a legal obligation.\n\n19.4. To close his User Account, the Customer must log in to the account, choose \"close account\" under \"profile\nsettings\" and confirm that he wishes the account to be closed. However, it should be appreciated that Features\n(including the appearance, titles and location of menus, tabs, fields, buttons, icons and other objects displayed on\nthe Service) are subject to change, meaning that the steps required of the Customer to close his User Account\nmay vary from time to time. The Supplier will endeavour to keep this procedure as straightforward as possible\nand will update the Documentation if any changes are made thereto. If the Customer has difficulties closing his\nUser Account, he should contact the Supplier and follow its instructions.\n19.5. Either Party may close the Customer's User Account and shall by so doing be deemed to have terminated\nthe Agreement (which, in the civil law context, means 'cancellation', not 'withdrawal'), effective upon the closure\nof the account, provided that: (a) if the User Account is closed by the Supplier, the Customer must be given at\nleast a month's notice thereof (unless section 19.6 or 20.5 applies or the User Account is closed at the\nCustomer's request); and (b) where the User Account is closed by a Party entitled to withdraw from the\nAgreement, such Party has failed to notify the other that by closing the User Account he is exercising his right to\nwithdraw (which notice must be served prior to or concurrently with closing the User Account and shall result in\nthe Agreement being deemed to have been terminated by withdrawal).\n19.6. Upon a Party's material breach of Agreement the other Party may terminate the Agreement forthwith.\nWithout prejudice to any statutory provision as to what constitutes a material breach, such a breach hereof shall\nbe deemed to have occurred if a Party, having breached any of his principal obligations hereunder or under the\nAgreement referenced in subsection 2.1(b), fails to discontinue or remedy such breach within 14 days (or, where\nexceptional circumstances render this period unreasonably short, such longer time as reasonably required) after\nnotice from the other Party specifying the breach and requiring it to be discontinued or remedied.\n19.7. Any termination hereof will terminate all Agreements that the User may have under subsection 2.1(b),\nexcept that, if the User is a Customer with more than one User Account, the termination will not affect his\nAgreements under subsection 2.1(b) in relation to Service Plans whose benefits he is entitled to enjoy by reason\nof a User Account other than the one being closed.\n19.8. The termination of a Service Plan terminates the related Agreement under subsection 2.1(b).\n19.9. The Agreement under subsection 2.1(c) will only terminate as described in subsection 2.3(c) (with\nautomatic re-establishment of contract) or upon the relevant Organization being closed, and is incapable of being\nterminated otherwise. Instructions on how to close an Organization are provided in the Documentation.\n20. Consumer withdrawal\nNotes on the application of this article: (a) the provisions of this article only apply if and to the extent that the\nforfeiture of the right of withdrawal under article 4 (i.e., the consumer's forfeiture of his right to withdraw from the\nAgreement and Service Plans) proves to be void; (b) insofar as permitted by law, the application of this article is\nsubject to the Subscriber having notified the Supplier as per section 3.1 that he wishes to use the Service as a\nconsumer; (c) if a provision of this article applies and conflicts with another provision located elsewhere in the\nAgreement, it prevails over that other provision.\n\n20.1. If the Subscriber is a consumer and acted as such upon acquiring a Service Plan, he may withdraw from\nthe Service Plan within 14 days without giving any reason. The withdrawal period will expire after 14 days from\nthe commencement of the Service Plan (which, if the Service Plan is subject to a free trial period, coincides with\nthe commencement of the trial). To meet the withdrawal deadline, it is sufficient for the Subscriber to send his\ncommunication concerning his exercise of the right of withdrawal before the withdrawal period has expired.\n20.2. To exercise the right of withdrawal, the Subscriber must inform the Supplier (i.e., the Toggl entity having\nissued the Service Plan concerned) of his decision to withdraw from the Service Plan by an unequivocal\nstatement (e.g., a letter sent by post or email to the appropriate address specified under the definition of\n\"Supplier\"). The Subscriber may use the following model withdrawal form, but it is not obligatory:\nTo Toggl OÜ, Tornimäe 5, 2nd floor, Tallinn 10145, Estonia, [email protected] [or] To Toggl Inc, Suite 403-A,\n1013 Centre Road, Wilmington, DE 19805, USA, [email protected] [choose the appropriate entity and delete\nthe brackets along with their contents]\nI hereby give notice that I withdraw from my contract for the provision of the following service: my Service Plan\ntitled \"[replace these brackets and their contents with the name of the Service Plan]\", ordered on [replace these\nbrackets and their contents with the date of the order].\nName of consumer: [replace these brackets and their contents with the Subscriber's name]\nAddress of consumer: [replace these brackets and their contents with the Subscriber's postal address if the\nwithdrawal notice is sent by post or the Subscriber's email address if the notice is sent by email]\nSignature of consumer (only if this notice is on paper): [delete these brackets along with their contents; if the\nwithdrawal notice is on paper, the Subscriber's signature must be placed here]\nDate: [replace these brackets and their contents with the date of the withdrawal notice]\n20.3. If the Subscriber's withdrawal from a Service Plan would result in the relevant Organization being left with\nno Service Plan, the Organization must be closed. In such a case, the Subscriber's statement under section 20.2\nshall be accompanied by his closing the respective Organization (instructions on how to do that are provided in\nthe Documentation). Should the Subscriber fail to close the Organization as required under this section, it may be\nclosed by the Supplier (in its absolute discretion and without any notice), and the Supplier shall not be liable\n(neither to the Subscriber nor anyone else) for any loss, damage or other undesirable consequences resulting\ntherefrom\n20.4. If the Subscriber's withdrawal from a Service Plan would result in there being no Service Plan associated\nwith the Subscriber's User Account, the statement under section 20.2 shall be accompanied by the Subscriber's\nclosing his User Account as described in section 19.4. In such a case, the Agreement referenced in subsection\n2.1(a) will terminate along with the Service Plan.\n20.5. Where section 20.4 applies and the Subscriber fails to close his User Account as required under that\nsection, the Supplier may, in its absolute discretion, close the Subscriber's User Account in his stead and shall by\nso doing be deemed to have terminated the Agreement referenced in subsection 2.1(a). No notice of User\nAccount closure or Agreement termination shall be required in such a case and the Supplier shall not be liable\n\n(neither to the Subscriber nor anyone else) for any loss, damage or other undesirable consequences that may\nresult from such closure or termination.\n20.6. If the Subscriber withdraws from a Service Plan, the Supplier shall reimburse to him all payments received\nfrom the Subscriber for that Service Plan (less the amount referenced in section 20.7), including, if applicable, the\ncosts of delivery (with the exception of the supplementary costs resulting from the Subscriber's choice of a type\nof delivery other than the least expensive type of standard delivery offered by the Supplier), without undue delay\nand in any event not later than 14 days from the day on which the Supplier is informed of the Subscriber's\ndecision to withdraw from the Service Plan. The reimbursement will be effected by the same means of payment\nas the Subscriber used for the initial transaction, unless the Subscriber has expressly agreed otherwise. In any\nevent, the Subscriber will not incur any fees as a result of such reimbursement.\n20.7. The Subscriber acknowledges and agrees that by reason of his requests under article 4 (causing the\nSupplier's performance of the Agreement to commence immediately and the benefits of Service Plans to become\navailable during the withdrawal period) the reimbursement under section 20.6 will be reduced by an amount\nproportionate to what has been provided under the Service Plan until the Subscriber's withdrawal therefrom (as\ncompared to the full coverage of the Service Plan). The amount of the reduction shall be determined based on\nthe total price of the Service Plan, i.e., the price charged for the whole relevant billing period.\n21. Effects of termination\n21.1. The User understands and agrees that upon any termination of this Agreement: (a) all his rights hereunder\nwill terminate and he must cease all activities authorised by the Agreement; (b) all amounts that the Supplier is\nentitled to be paid hereunder become due, except sums that already are; (c) in case the termination concerns the\nAgreement referenced in subsection 2.1(a), all his User Data and other information associated with his User\nAccount and the Organizations pertaining to, or in which he participates through, that account may be deleted or\nbecome unavailable to him; (d) insofar as relevant hereto, he will receive no refund or other compensation for any\nunused time or credit on a subscription, for any licence or subscription fee, any data associated with any User\nAccount or Organization, or for anything else; (e) all his Software-related obligations hereunder will survive until\nhe fully and permanently removes all Software from his systems, devices, storage media and repositories; (f) the\npreceding subsection applies respectively in relation to any item that forms part of the Service and which the\nUser retains after the termination hereof.\n21.2. Those provisions of the Agreement that either by express language or reasonable construction are intended\nto survive its termination (such as, e.g., provisions concerning Service-related Intellectual Property, contributions\nto the Service, disclaimers, limitation of liability, indemnities, choice of law and jurisdiction) shall so survive and\nwill be enforceable notwithstanding any termination hereof.\n22. Assignment, other disposals\nWith regard to assignment, sublicensing and other disposals, the Parties have agreed that:\n\n22.1. The User shall not, without the Supplier's prior explicit consent, sublicense, assign, encumber or otherwise\ndispose of any of his rights or obligations hereunder, except that the User may, without seeking the Supplier's\nconsent: (a) dispose of his financial claims, i.e., claims whose sole object is the payment of money to the User;\n(b) assign this Agreement, i.e., all his rights and obligations hereunder, or cause the same to be transferred, as\npart of the User's general succession (including merger, acquisition and transformation), division, transfer of the\nenterprise (or a substantial, coherent part of the enterprise) to which the Agreement pertains or divestiture of all\nor substantially all of his assets as a whole, provided, however, that (i) where the User is a Customer, his\nAgreement under subsection 2.1(a) cannot be transferred without the User Account it governs (that Agreement\nand the related User Account are inseparable) and his Agreements under subsections 2.1(b) and 2.1(c) are only\ntransferable to another Customer participating in the Organization concerned with user privileges permitting that\nother Customer to assume the relevant role (Subscriber, Owner or the transferor's peer), and (ii) in the case of\nAgreements under subsections 2.1(a) and 2.1(b), the domiciles of all relevant parties are such that if the\nAgreement, instead of it being transferred, were made anew between the Supplier and the transferee, the identity\nof the Supplier, as determined under article 2, would be the same as in the original Agreement; (c) where the\nUser is a Subscriber, permit other Users to enjoy the Features available under his Service Plan as sub-licensees,\nbut only such of these Features and solely in such manner and to such extent as necessary for the exercise of\nthose other Users' rights hereunder; and (d) where the User is an Organization Owner, assign that role, i.e., his\nAgreement under subsection 2.1(c), to another Customer participating in the Organization concerned with user\nprivileges permitting that other Customer to assume the Owner's role;\n22.2. The Supplier may: (a) sublicense, assign, encumber and otherwise dispose of any and all of its rights\nhereunder; and (b) assign this Agreement, i.e., all its rights and obligations hereunder, or cause the same to be\ntransferred: (i) to its parent, any of its wholly- or majority-owned subsidiaries or a wholly- or majority-owned\nsubsidiary of its parent; or (ii) to another entity specified in the definition of \"Supplier\"; or (iii) as part of the\nSupplier's general succession (including merger, acquisition and transformation), division, transfer of the\nenterprise (or a substantial, coherent part of the enterprise) to which the Agreement pertains or divestiture of all\nor substantially all of its assets as a whole; or (iv) due to the Supplier ceasing to hold rights in the Software or the\nService;\n22.3. Where a Party's consent is required, it shall not be unreasonably withheld or delayed.\n23. Notices\n23.1 The Supplier may give notice to the User: (a) through a Feature, e.g., by posting the notice on a web page\nthat forms part of the Service or using a messaging feature of a locally installed Software application; (b) by email\nto the address associated with his User Account; or (c) by mail or courier to the address provided for that User\nunder Organization Owner's details.\n23.2. All notices, requests, enquiries, complaints and other communications to the Supplier should be sent to the\nappropriate email or postal address specified under the definition of \"Supplier\".\n23.3. A notice shall be deemed to have been received: (a) the same day if given through a Feature; (b) the next\nday if given by email; or (c) in the case of a notice sent by mail or courier, and providing that delivery charges\n\nhave been paid, five days after posting or the courier taking charge of the notice.\n24. Law, jurisdiction\n24.1. The law applicable to the Agreement and the Parties' relations, the venue for resolving disputes and the\nforum competent to hear such disputes depend on the identity of the Supplier, i.e., which of the entities specified\nunder the definition of \"Supplier\" the User contracted with (as determined under article 2).\n24.2. Where the Agreement is between the User and Toggl OÜ:\n(a) the Agreement, the Parties' relations and all matters concerning the Service shall be governed by Estonian\nlaw, without the United Nations Convention on Contracts for the International Sale of Goods applying to any of\nthe foregoing;\n(b) all disputes arising from or otherwise concerning the Agreement or the Service (including disputes concerning\nthe formation or validity hereof) shall be resolved by arbitration as follows: (i) the matter shall be arbitrated by the\nArbitration Court of the Estonian Chamber of Commerce and Industry (ACECCI); (ii) the proceedings shall be\nconducted in accordance with the ACECCI's then-current arbitration rules; (iii) the seat of arbitration shall be\nTallinn, Estonia; and (iv) any decision (order, judgment or other) that the ACECCI may deliver in such a dispute\nshall be enforceable in all jurisdictions. Each Party hereby irrevocably submits to the ACECCI's jurisdiction and\nwaives any and all objections it may have thereto;\n(c) if the above agreement as respects arbitration proves to be void or unenforceable, all disputes to which it was\nintended to apply shall be subject to the exclusive jurisdiction of Estonian courts, with Harju County Court in\nTallinn as the court of first instance (save where the relevant rules of procedure provide for the mandatory\njurisdiction of another Estonian court, in which event the latter shall apply).\n24.3. Where the Agreement is between the User and Toggl Inc:\n(a) the Agreement, the Parties' relations and all matters concerning the Service shall be governed by the laws of\nthe State of Delaware and the applicable U.S. federal law, without the United Nations Convention on Contracts\nfor the International Sale of Goods applying to any of the foregoing;\n(b) all disputes arising from or otherwise concerning the Agreement or the Service (including disputes concerning\nthe formation or validity hereof) shall be subject to the exclusive jurisdiction of the appropriate courts in the State\nof Delaware (i.e., either the United States District Court for the District of Delaware or the Delaware state court\nhaving jurisdiction over the matter);\n(c) each Party hereby waives any right to jury trial in connection with any proceeding in any way arising out of or\nrelated to the Agreement or the Service;\n(d) in the above disputes and proceedings, the prevailing party will be entitled to recover its reasonable costs and\nattorneys' fees.\n\n24.4. The above provisions notwithstanding, the Supplier may, in its absolute discretion, assert and seek\nprotection of its intellectual property and rights concerning confidential information or data processing in any\nforum anywhere in the world (including by way of injunction and other preventive measures).\n25. Miscellaneous\nIf any provision of the Agreement proves to be void by reason of it violating mandatory law, and unless the\nSupplier in its absolute discretion otherwise elects (in which event the following shall not apply), such provision\nshall be deemed to have been amended to one which is valid, achieves the purpose of the original provision as\nnearly as possible and maximally preserves the balance of obligations between those affected (i.e., the balance\noriginally intended). The amendment shall be effective as of the moment when the original provision became\nvoid.\nData Processing Agreement\n1. Object\n1.1 This DPA is between the Supplier and the Organization Owner and forms part of the Agreement referenced in\nsubsections 2.1(c) and 2.3(c) of the Terms.\n1.2 The purpose of the DPA is to supplement the Terms as respects the processing of Relevant Data and EU\nStandard Contractual Data Processing Clauses (SCC) in case the data is transferred between EU and third\ncountries. The DPA does not concern any other data or the processing thereof. The Supplier's obligations under\nthis DPA must be viewed accordingly, i.e., as only relating to the processing of Relevant Data and not applying in\nany other context.\n2. Roles\n2.1 The purposes of processing Relevant Data are determined by the Organization Owner or by the Owner jointly\nwith other members of the Organization (or jointly with certain of such members or a particular member). As\nbetween the Parties, these purposes are determined by the Owner.\n2.2 Consequently, and in line with the role allocation specified under section 13.2 of the Terms, the Parties\nacknowledge and agree that with regard to the processing of Relevant Data: (a) the Organization Owner is the\n'controller' and the Supplier is the 'processor'; (b) the Supplier will, pursuant to article 6 below, authorise third\nparties identified in the Sub-processor List to perform certain processing operations under its responsibility (such\nparties being 'processors', too); (c) the Supplier and Sub-processors process these data on the Organization\nOwner's behalf and on his instructions.\n2.3 As part of his obligations under section 11.5 of the Terms, the Owner shall be responsible for the accuracy,\nquality and legality of Relevant Data, the means by which the same are acquired and the instructions he provides\nas to the processing thereof.\n3. Details of processing\n\n3.1The Supplier will process Relevant Data only as necessary to carry out the Owner's instructions or as required\nby law to which the Supplier or the processing is subject (which includes any judicial, arbitral, administrative or\notherwise mandatory order or judgment made, recognised or enforceable under that law).\n3.2 The Organization Owner hereby instructs the Supplier to process Relevant Data: (a) as necessary in\nconnection with the Service, which, particularly but without limitation, includes any processing that is (i) requested\nor initiated by Users in their use of the relevant Organization or Features in connection with that Organization, or\n(ii) otherwise required for the Supplier's performance of its obligations in relation to the Organization or its users;\nand (b) for as long as the purposes described in subsection (a) warrant such processing.\n3.3 For the avoidance of doubt, section 3.2: (a) sets out the Owner's current instructions as to the processing of\nRelevant Data; (b) does not prevent the Owner from giving further instructions (which shall be reasonable, lawful\nand documented) or the Supplier from processing Relevant Data as may be necessary in light of such further\ninstructions; (c) does not restrict the Supplier from processing Relevant Data for as long as legally required (e.g.,\nto comply with the GDPR or legal acts concerning taxation, accounting, financial reporting or counter-terrorism or\n-money laundering) and, if so required (but only to the extent required), exceeding the duration of processing\nwarranted by the Owner's instructions. The Owner thus acknowledges and agrees that each operation that the\nSupplier performs on Relevant Data will continue until the Supplier is no longer legally obliged to perform the\nsame.\n3.4 The operations that the Supplier performs on Relevant Data will include storage and such other operations as\nappropriate in light of this article 3 (e.g., retrieval, transmission, erasure, restriction and disclosure pursuant to the\nOwner's instructions or as required by law). Certain of these operations have been described in the Privacy\nPolicy.\n4. Relevant Data\n4.1 Personal Data whose processing is permitted\nThe types of Personal Data that a User (including the Owner) is allowed to process as part of Organization Data\nare limited to those which the User is legally permitted to process. The Owner undertakes that Organization Data\nwill not include, and neither he nor any other User who accesses the Organization (including any such Guest\nUser) will use the Service for the processing of, Personal Data whose processing is legally prohibited.\n4.2 Personal Data whose processing is restricted\nThe Owner acknowledges that the processing of certain types of Personal Data is restricted or limited under the\nGDPR and that non-compliance with the relevant restrictions or limitations may result in substantial penalties,\nincluding fines, being imposed on, or other punitive, remedial or compensatory measures being taken against,\nthe Owner, the Supplier and the User involved in the processing (if different from the Owner).\n4.3 Consequently, the Owner undertakes that, absent the Supplier's prior explicit consent, Organization Data will\nnot include, and neither he nor any other User who accesses the Organization (including any such Guest User)\nwill use the Service for the processing of, Personal Data that fall within either of the following categories: (a)\n'special categories of personal data' (also known as 'sensitive information') as described for the time being in\nArticle 9 of the GDPR, including particularly but without limitation genetic data, biometric data and data\n\nconcerning health; (b) 'personal data relating to criminal convictions and offences or related security measures'\nas described for the time being in Article 10 of the GDPR.\n5. Data subjects\n5.1 The Owner will determine who the Data Subjects are, or he may determine this jointly with other members of\nthe Organization (or jointly with certain members or a particular member thereof). As between the Parties, the\nOwner shall be deemed to have determined the same.\n5.2 The categories of Data Subjects include but may not be limited to: (a) Users having access to the\nOrganization, including such Guest Users; (b) Users who interact with the Features applied via the Organization;\n(c) employees, contractors, consultants, associates and agents of (i) the Owner, (ii) the Subscriber of, or payer\nfor, the Service Plan pertaining to the Organization, or (iii) the Users mentioned in the preceding subsections; and\n(d) parties with whom the Owner or the above Subscriber, payer or User does business or has other relations.\n6. Sub-processors\n6.1 The Owner agrees that persons and entities on the Sub-processor List may be retained as Sub-processors\n(and authorises the Supplier to engage them), provided that each Sub-processor, insofar as relevant considering\nthe processing operations it performs, assumes or is made subject to data protection obligations substantially\nsimilar to those set forth in this DPA (but in any event no less protective of Relevant Data than the DPA). These\nobligations may be either contractual or apply by operation of law. In the former case, the respective contract\nshall be in writing (which includes electronic form) or shall at least be made in a manner that identifies the parties\nand allows repeated reproduction of its terms.\n6.2 The Owner instructs that if sub-processing of Relevant Data is to be carried out by an international\norganisation or in a country not participating in the European Economic Area (EEA) and not being the Swiss\nConfederation, then the sub-processing be performed: (a) by an organisation or in a jurisdiction (respectively)\nthat ensures an adequate level of protection for the Relevant Data concerned, i.e., that the transfer of these data\nfrom the EEA be based on an 'adequacy decision' as per the GDPR; or, absent an adequacy decision (b) subject\nto such safeguards and other conditions as required under the GDPR; save if and to the extent that the\nrequirement for an adequacy decision or safeguards has been legally derogated from. The transfer of Relevant\nData from the EEA in compliance with the above instruction to a party identified in the Sub-processor List\nrequires no further instruction by the Owner.\n6.3 At least 10 days before authorising a third party not mentioned in the Sub-processor List to act as a Sub-\nprocessor the Supplier shall update the Sub-processor List made available online accordingly, i.e., at least 10\ndays before the engagement takes effect. Supplier undertakes to keep this list updated regularly to enable its\nUsers to stay informed of the scope of sub-processing associated with the Services.\n6.4 The Owner may reasonably object to the new sub-processor engagement by providing the Supplier notice to\nthat effect (setting out his grounds for the objection) within 10 days of having been informed as per section 6.3. In\ncase the Owner does so object, the Supplier will endeavour to provide him a commercially reasonable alternative\nnot involving the processing the Owner objected to. Such an alternative may, e.g., consist in a modification to the\nService or a change of Service Plan. If the Supplier is unable to provide the Owner with an alternative acceptable\n\nto him or (in its sole discretion) concludes that no alternative is feasible and respectively informs the Owner, and\nthe objection is not withdrawn, then the relevant Organization shall be closed.\n6.5 If the Owner does not object to the new sub-processor engagement in accordance with section 6.4, he shall\nbe deemed to have authorised the engagement.\n6.6 The Supplier shall be liable to the Owner for the acts and omissions of Sub-processors to the same extent\nthat the Supplier would itself be liable under the Agreement were it to commit those acts or omissions.\n7. Security\n7.1 The Supplier will maintain adequate technical and organisational measures to ensure such level of security in\nits processing of Relevant Data as appropriate in the given circumstances. Certain of these measures have been\ndescribed in the Data Protection Policy.\n7.2 The purpose of the above measures is to address in an appropriate manner: (a) the protection of Relevant\nData against unauthorised or unlawful processing and against accidental loss, alteration or destruction; (b) the\nintegrity and confidentiality of Relevant Data; (c) the availability and resilience of the Features pertinent to the\nprocessing of Relevant Data (to the extent such Features are authorised under the Service Plan the Owner\nenjoys); (d) the ability to restore the availability and access to Relevant Data in a timely manner after a Service\nfailure; (e) the effectiveness of the means employed by the Supplier for ensuring the required level of security in\nits processing of Relevant Data.\n7.3 The Supplier further undertakes to: (a) ensure that the persons it authorises to process Relevant Data commit\nthemselves to confidentiality (or will be under an appropriate statutory obligation of confidentiality) with respect to\nthese data; and (b) notify the Owner without undue delay upon learning of any Personal Data breach that\ninvolves Relevant Data and may need to be communicated to the competent supervisory authority or the Data\nSubject(s) concerned.\n8. Supplier's assistance\nData Subject's requests\n8.1 The Owner acknowledges that it is his duty, not the Supplier's, to accept, respond to, and resolve Data\nSubjects' requests for exercising their rights and freedoms as data subjects in connection with Relevant Data\n('data subject rights'), and facilitate the exercise of these rights and freedoms. If any such request is addressed\ndirectly to the Supplier, it will, to the extent legally permitted, redirect the request to the Owner without undue\ndelay.\n8.2 Upon the Organization Owner's request, and considering the nature of the Supplier's processing operations\nhereunder, the Supplier will, insofar as possible, take appropriate technical and organisational measures to\nreasonably assist the Owner in complying with his obligation to respond to Data Subjects' requests for exercising\nthe following of their data subject rights under the GDPR: the right of access, right to rectification, right to erasure,\nright to restriction of processing, right to data portability, right to object, and the right not to be subject to\nautomated individual decision-making.\n8.3 Other compliance\n\nConsidering the nature of the Supplier's processing operations and the information available to it, the Supplier\nwill, on the Owner's request, reasonably assist the Owner in complying with the following of his controller\nobligations regarding the processing of Relevant Data (as arising under the GDPR), provided, and to the extent,\nthese obligations apply to the Owner and the information he requires is not otherwise available to him: (a) using\nthe Service in a manner compatible with the Owner's obligation to ensure an appropriate level of security in his\nprocessing of Relevant Data; (b) notifying breaches of Relevant Data to the appropriate supervisory authority and\nthe Data Subjects concerned and documenting these breaches; (c) conducting a data protection impact\nassessment concerning the processing of Relevant Data by means of the Service, and, where necessary,\ncarrying out a review to assess whether processing is performed in accordance with the impact assessment; and\n(d) consulting with the relevant supervisory authority on matters related to the above data protection impact\nassessment or its subject.\n8.4 Costs of assistance\nTo the extent legally permitted, the Owner shall incur all costs and expenses that may arise in connection with the\nassistance described in this article 8, including any fees associated with the provision of additional Features.\n9. Return and deletion of data\n9.1 After the completion of services relating to the processing of Organization Data (i.e., upon permanent\ncessation of all Service in relation to the Organization), the Supplier will: (a) at the Owner's choice, either delete\nor return to him all Relevant Data then stored by the Supplier; and (b) delete copies of these Relevant Data, save\nif and to the extent the law requires that the data concerned be retained; provided that: (α) if the Owner elects to\nhave the data returned, his respective request is made reasonably prior to the Organization being closed (see\nsection 12.3 of the Terms); and (β) if Relevant Data reasonably cannot be deleted, returned or retained\nseparately from other Organization Data (as is likely to be the case with at least some Relevant Data), the\nSupplier will, as applicable, delete or return, and, if required, retain, the entire body of Organization Data then\nstored by the Supplier, with no obligation to organise, structure or otherwise process the same to separate\nRelevant Data therefrom or distinguish between Relevant Data and other Organization Data.\n10. Demonstration of compliance\n10.1 The Supplier shall maintain records sufficient to demonstrate its compliance with the DPA, and will retain\nthese records as long as legally required.\n10.2 Upon the Organization Owner's request and subject to such confidentiality and non-use commitments as the\nSupplier reasonably may suggest, the Supplier shall, no more than once a year: (a) make available to the Owner\nsuch of the above records as necessary, and any other information that reasonably may be required, to\ndemonstrate the Supplier's compliance with its obligations under the DPA; and (b) if the provision of records and\nother information as per the preceding subsection is not sufficient for demonstrating the Supplier's compliance,\nallow the Owner (or his independent third-party auditor), upon reasonable notice and at a mutually agreeable\ntime, to conduct an audit or inspection of the Supplier's practices in processing Relevant Data.\n10.3 Any audit or inspection under subsection 10.2(b) shall be limited to what is necessary for verifying the\nSupplier's compliance with its obligations under this DPA, is to be conducted in a manner not unreasonably\n\ndisruptive to the Supplier's and Sub-processors' business, and shall be at the Owner's expense (including as to\nreasonable costs and expenses of the Supplier and Sub-processors, which the Owner undertakes to reimburse).\nLast revised: April 19th 2021.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":0,"explanation":"Only Businesses entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]} |
{"service":{"name":"ZipRecruiter","url":"https://www.ziprecruiter.global/en/terms#s1_EU","lang":"ENG","sector":"Work","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"16.12.2021"},"document":{"title":"","text":"Global Terms of Use Agreement\nEffective Date: December 16, 2021\nTABLE OF CONTENTS:\nGlobal Terms of Use Agreement\nIf you are located in the United States, Canada, Australia, India, or any other jurisdiction outside the European Economic Area /\nSwitzerland / United Kingdom\n1. Use of the Services\n2. User Content and Users\n3. User Content License Grant\n4. Mobile Software\n5. Our Proprietary Rights\n6. Free Trials and Paid Services for Clients\n7. Additional Terms that Apply to Job Seekers\n8. Additional Terms that Apply to Providers of Job Advertisements\n9. Privacy and Security\n10. Infringing Content\n11. Third-Party Links and Services\n12. Indemnity\n13. No Warranty\n14. Limitation of Liability\n15. Agreement to Arbitrate\n16. General\nIf you are located in the EEA, Switzerland, or United Kingdom\n1. Use of the Services\n2. User Content and Users\n3. User Content License Grant\n4. Mobile Software\n5. Our Proprietary Rights\n6. Paid Services for Clients\n7. Additional Terms that Apply to Job Seekers\n8. Additional Terms that Apply to Providers of Job Advertisements\n9. Privacy and Security\n10. Infringing or Illegal Content\n11. Third-Party Links and Services\n12. No Warranty\n13. Limitation of Liability\n14. Agreement to Arbitrate\n15. Employment Agencies and Employment Business Regulations 2003 (Only for Users in the United Kingdom)\n16. General\nHow to Contact Us\nWelcome to the websites and online services of ZipRecruiter, Inc. (\"ZipRecruiter,\" \"we,\" or \"us\"). This Global Terms of Use Agreement (this\n“Agreement”) is a legal contract between ZipRecruiter, Inc. and yourself (referenced herein with “you” or with “your”), which governs your use of\nand/or access to our Services (defined below).\nThis Agreement applies to all persons and entities who visit, use or access any of the Services (“Users”). By accessing or using the Services, you\nsignify that you have read, understood and agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered\nuser, partner, or customer of the Services. If you are accepting on behalf of your employer or another entity, you represent and warrant that you\n\nhave full legal authority to enter into this Agreement on behalf of such employer or other entity and are able to bind such employer or other entity to\nthe terms and conditions of this Agreement. This Agreement incorporates the ZipRecruiter Privacy Policy and any other Specific Terms of Service\n(defined below) as applicable.\nWe reserve the right to amend this Agreement (including the Privacy Policy and any Specific Terms of Service) at any time by notifying you as\nprovided in this Agreement. Your continued use of the Services after any such change constitutes your acceptance of the revised Terms of Use. If\nyou do not agree to any of these terms of this Agreement, you are not permitted to use or access (or continue to access), the Services.\nCertain features of the Services may also have their own specific terms and conditions that you agree to when you sign up for that particular\nproduct, function, or service (“Specific Terms of Service”).\nWhich Website and Terms of Use Apply to You?\nAs of the Effective Date stated above, the websites covered by this Agreement include: www.ziprecruiter.com, www.ziprecruiter.com.au,\nwww.ziprecruiter.nz, www.ziprecruiter.in, www.ziprecruiter.co.uk, www.ziprecruiter.de, www.ziprecruiter.ie, www.zipalerts.com,\nwww.newhirehunter.com, www.ziprecruiter-investors.com and our Mobile Applications (all of the above, collectively, the “Websites”).\nThe Applicable Terms of Service that apply to you depends on the Applicable Website, your location, and your status as a job seeker or an\norganization. The table below indicates which Applicable Website (and therefore which Applicable Terms of Service) applies to you:\nFOR JOB SEEKERS:\nAPPLICABLE WEBSITE(S)\nAPPLICABLE TERMS OF\nSERVICE\nLocated in the United States or Canada, or persons who are\nnot physically present in any of the countries listed below.\nwww.ziprecruiter.com;\nwww.newhirehunter.com\nClick here\nLocated in Australia\nwww.ziprecruiter.com.au\nClick here\nLocated in New Zealand\nwww.ziprecruiter.nz\nClick here\nLocated in India\nwww.ziprecruiter.in\nClick here\nLocated in the European Economic Area, Switzerland, or the\nUnited Kingdom\nwww.ziprecruiter.co.uk;\nwww.ziprecruiter.de;\nwww.ziprecruiter.ie\nClick here\nFOR ORGANIZATIONS (I.E., NOT JOB SEEKERS):\nAPPLICABLE WEBSITE(S)\nAPPLICABLE TERMS OF\nSERVICE\nLocated and/or established in the United States or Canada, or\nin a country not listed below.\nwww.ziprecruiter.com;\nwww.zipalerts.com;\nwww.newhirehunter.com;\nwww.ziprecruiter-investors.com\nClick here\nLocated and/or established in Australia\nwww.ziprecruiter.com.au;\nwww.zipalerts.com;\nwww.ziprecruiter-investors.com\nClick here\nLocated and/or established in New Zealand\nwww.ziprecruiter.nz;\nwww.zipalerts.com;\nwww.ziprecruiter-investors.com\nClick here\nLocated and/or established in India\nwww.ziprecruiter.in;\nwww.zipalerts.com;\nwww.ziprecruiter-investors.com\nClick here\nLocated and/or established in the European Economic Area,\nSwitzerland, or the United Kingdom\nwww.ziprecruiter.co.uk;\nwww.ziprecruiter.de;\nwww.ziprecruiter.ie;\nwww.zipalerts.com;\nwww.ziprecruiter-investors.com\nClick here\nWhich Services are Covered by this Agreement?\nThis Agreement applies to your interactions with ZipRecruiter through the following mechanisms, which are collectively referred to as the\n“Services”:\n\nOn ZipRecruiter Websites or through a ZipRecruiter mobile application.\nThrough email, SMS, chat or other online communications between you and ZipRecruiter.\nWhen you sign up for ZipRecruiter job alerts on a third party website where ZipRecruiter is a co-controller with the website operator insofar\nas it concerns the registration for job alerts and/or a ZipRecruiter job seeker account.\nWhen you interact with a ZipRecruiter job search widget and/or banner and/or link contained in Job Advertisements that are located on a\nthird-party website, where the third parties have hired ZipRecruiter to provide services to the third party and your interaction brings you to a\nZipRecruiter Website.\nSpecific Terms of Service \nTop\nIF YOU ARE LOCATED IN THE UNITED STATES, CANADA, AUSTRALIA, NEW ZEALAND, INDIA, OR ANY\nOTHER JURISDICTION OUTSIDE THE EUROPEAN ECONOMIC AREA / SWITZERLAND / UNITED\nKINGDOM\nThese Specific Terms of Service apply to the following websites: www.ziprecruiter.com, www.ziprecruiter.com.au, www.ziprecruiter.nz,\nwww.ziprecruiter.in, www.newhirehunter.com, www.ziprecruiter-investors.com, or any other website with a ZipRecruiter domain associated with a\njurisdiction outside of the European Economic Area (“EEA”), Switzerland, or the United Kingdom (“U.K.”).\nSECTION 15 OF THESE SPECIFIC TERMS OF SERVICE INCLUDES A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU\nAGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER\nTHAN PROCEED IN COURT UNLESS YOU VALIDLY ELECT TO OPT OUT OF SUCH PROVISION. THE DISPUTES/ARBITRATION PROVISION\nALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT\nAS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR\nENTIRETY.\nA Specific Terms of Service may supplement this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific\nTerms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable product, function or\nservice. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.\nIf you are using the Services as a Job Seeker, please review the terms of Section 7 carefully. If you are using the Services as a Client,\nplease review the terms of Section 8 carefully.\nClick Here to read more about the types of users of our Services\n1. USE OF THE SERVICES\nTOP\nBy using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content\nprovided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or\nClients.\nA. Eligibility\nYou must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services, so that you can\nform a binding contract with ZipRecruiter. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the\njurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may\nnot use the Services if your use of the Services has been previously terminated or suspended by ZipRecruiter, unless we have provided you with\nspecific written authorization to re-use the Services.\nFor residents of Canada: The Services are not offered in the province of Quebec, or in respect of the hiring, employment, or offer of employment,\nof any employee in the province of Quebec. For further clarity, the provision of the Services and any employment or other relationship of a user of\nthe Services shall not be governed by Quebec law. Pour les résidents canadiens: les Services ne sont pas offerts dans la province de Québec,\nincluant en ce qui concerne le recrutement, l’emploi ou l’offre d’emploi de tout employé dans la province de Québec. Pour plus de précisions, la\nprestation des Services, et toute relation d’emploi ou autre relation d’un utilisateur des Services ne seront pas régies par les lois québécoises.\nBy using the Services, you expressly acknowledge, agree and request that this document, and all related documents, be expressed in the English\nlanguage. En utilisant les Services, vous reconnaissez, acceptez et exigez expressément que la présente entente, ainsi que tous les documents qui\ns’y rattachent, soient rédigés en langue anglaise.\nB. Contact with You by Telephone or SMS\n\nWhen using specific Services, we may ask for your consent to contact you by telephone, including by SMS. By granting such consent, you\nauthorize ZipRecruiter to contact you by telephone at the number(s) you have provided, and acknowledge that ZipRecruiter may do so using an\nautomatic telephone dialing system or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction where you reside).\nYou may revoke consent to be contacted by telephone by emailing [email protected] and including the wording \"Revocation of\nTelephone Consent\" in the subject line. To stop receiving SMS messages from ZipRecruiter, you may reply “STOP” to any SMS message you\nreceive. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any other property, goods,\nor services from ZipRecruiter.\nYou agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for\ntraining our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not\nguarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.\nC. Contact with You by Email\nBy providing ZipRecruiter your email address, you consent to our using the email address to send you Service-related and other non-commercial\nnotices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other\nmessages, such as changes to features of the Service and special offers (to the extent permitted by the laws of the jurisdiction where you reside). If\nyou have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt-out. If\nyou do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences in your Account\npage or by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing:\[email protected]. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or\noffers.\nPlease note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of service-related communications,\nincluding those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you\ndeactivate your account and stop using our Services.\nD. User Accounts\nThe information in this section applies to all User accounts. If you sign up and/or create an account with ZipRecruiter (in accordance with Section\n7C or Section 8 below), you may control your profile information and how you interact with the Services by changing the settings on your Settings\npage. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide\naccurate and complete information. You are solely responsible for the activity that occurs under your account. You are expected to use \"strong\"\npasswords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.\nYou must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your\npassword or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other\nperson with access to the Services using your username, password, or other security information. You agree to notify us immediately of any\nunauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be\ntotally responsible for all activities that occur under your account. You also agree to ensure that you logout from your account at the end of each\nsession. You are responsible for any password misuse or any unauthorized access.\nWe reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether\nchosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.\nBy connecting to the Services using a third-party service, you give us permission to access and use your information from that service as permitted\nby that service, and to store your log-in credentials for that service. For example, if you access the Services through a social networking site, you\nagree that ZipRecruiter can access, store, and make available on the Services, any information and data that you provide in your applicable social\nnetworking site account such that the same information is available in your ZipRecruiter account. You agree that we are not liable for any personal\ndata that is made available to us in violation of your privacy settings with the applicable social networking site.\nZipRecruiter may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to\nyou, for any reason, including if in our sole discretion we determine that you have violated the terms of this Agreement (including in accordance\nwith Section 1E and/or 6F below). Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions\nthat grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the\nServices or your account, or the deletion of information contained within such account.\nE. General Rules for Use of Services\nYou agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium,\nincluding without limitation by any automated or non-automated \"scraping\"; (ii) using any automated system, including without limitation \"robots,\"\n\"spiders,\" \"offline readers,\" etc., to access the Services in a manner that sends more request messages to the ZipRecruiter servers than a human\ncan reasonably produce in the same period of time by using a conventional on-line web browser (except that ZipRecruiter grants the operators of\npublic search engines revocable permission to use spiders to copy materials from ZipRecruiter.com for the sole purpose of, and solely to the extent\nnecessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam,\nchain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any\ntransmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose, as determined in our sole discretion,\nan unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through\nthe Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain\n\nfeatures of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise\nmisrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper\nworking of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by\nthe Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that\nprevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login\ncredentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) frame or link to any information or content on the Services; (xvi)\npost or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvi) post or submit any material\nthat is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by ZipRecruiter.\nWe may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for\nthe Services (for paid products and services). If any such change, cessation or limitation of the Services materially and adversely affects you, then\nyou may terminate the Services on written notice to us. In the event of such termination, you will receive a pro-rata refund of any pre-paid fees\npertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current subscription plan. We may permanently\nor temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, including if in our sole determination\n(acting reasonably) you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services.\nYou are solely responsible for your interactions with other ZipRecruiter Users. We reserve the right, but have no obligation, to monitor disputes\nbetween you and other Users. ZipRecruiter shall have no liability for your interactions with other Users, or for any User's action or inaction.\nZipRecruiter shall have no obligation to you to enforce this Agreement against any other User.\nIf you use on any Website, a calculator that estimates unemployment insurance benefits, you agree to the following: (a) the calculator gives an\nestimate only and is not intended as legal advice, (b) the calculator does not guarantee that you will be eligible for benefits or a specific amount of\nbenefits, (c) you must file an Unemployment Insurance claim with your state to find out if you are eligible and learn your actual benefit amount, and\n(d) we are not liable for any loss or damages caused by using this calculator.\nF. Use of Salary Data\nThe provisions of this Section apply to your access to any salary data through the Services. You agree that third parties from whom we obtain\nsalary data included in the Salary Data Displays (defined below), including, without limitation, ADP, LLC, are third party beneficiaries of all\nprovisions of this Section and as a result shall have the right to enforce the provisions of this Section against you. As used in this Section, “Salary\nData Display” means a report, histogram or other display generated in response to a query posed by you on our platform that incorporates in whole\nor in part, salary data. You understand that you will be restricted to no more than five (5) salary data searches in any rolling thirty (30) day period\nunless you create an account on our platform.\nWe hereby grant to you (i) a revocable license to access Salary Data Displays, and (ii) a perpetual license to use Salary Data Displays, in each case,\nsolely for your personal or internal use, as applicable, and subject to, and revocable immediately by us, in the event of your breach of any of the\nprovisions of this Section, including the restrictions on use of the Salary Data Display set forth in this Section, or your confidentiality obligations set\nforth in Section 16.G. of this Agreement. You agree to use the salary data and Salary Data Displays in accordance with all applicable laws, and you\nagree that you will not, under any circumstances, disclose, otherwise give a third party access to, reproduce, distribute, resell, transfer, copy, make\navailable or create derivative works of, or use other than for your own personal or internal purposes, as applicable, the Salary Data Display or\noutputs from the Salary Data Display.\nWithout limiting the generality of the foregoing or the provisions of Section 13 of these Specific Terms of Service: (I) SALARY DATA AND SALARY\nDATA DISPLAYS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS; (II) ANY USE OR RELIANCE UPON ANY PORTION OF THE SALARY DATA\nAND SALARY DATA DISPLAYS SHALL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD PARTY\nPROVIDERS OF SALARY DATA HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SALARY DATA OR\nSALARY DATA DISPLAYS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CORRECTNESS,\nQUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND (III) NEITHER WE NOR ANY THIRD PARTY PROVIDER OF SALARY DATA SHALL BE\nLIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY USE BY YOU OF THE SALARY DATA AND SALARY DATA DISPLAYS.\n2. USER CONTENT AND USERS \nTOP\nA. Posting or Viewing User Content\nThe Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job\nAdvertisements, screening requirements, screening questions, screening criteria, company information, a job seeker’s application information,\ncontent of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information (\"User Content\").\nUser Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content\nand the consequences of posting, providing or publishing it.\nB. Prohibited Types of User Content\nThe following list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list: You agree not to\npost or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal\nactivities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material\nthat is illegal or offensive, or targets or solicits personal information from anyone under the age of 18; (v) contains any information or content that\nwe deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights,\nharassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any\n\ninformation or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's\ntrade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or\nfiduciary relationships; (viii) contains any information or content that is false, misleading, or otherwise deceptive; or (ix) violates the Intellectual\nProperty Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, \"Intellectual Property Rights\" means\npatent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade\nsecret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and\nregistrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or\nsubmitting Job Advertisements, you further agree that such content will not contain any personally identifiable information.\nC. No Warranties or Obligations\nYou agree that ZipRecruiter makes no representations, warranties, promises or guarantees regarding any content provided or generated by third\nparties, including, without limitation, the content of messages, Job Advertisements and resumés. You further agree that ZipRecruiter acts as a\npassive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality,\nlegitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that ZipRecruiter is not responsible and has no liability for\nUser Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive,\nconstitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness,\nlegality or reliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and content of messages. Your reliance on\nany User Content is at your own risk.\nNotwithstanding the foregoing, although ZipRecruiter has no obligation to screen User Content, to the extent that ZipRecruiter becomes or is made\naware of User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with ZipRecruiter, or (ii) violate any\nlaw or regulation, or (iii) violate the rights of third parties, or (iv) create liability for ZipRecruiter or otherwise negatively impact ZipRecruiter,\nZipRecruiter reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such\nUser Content.\nD. User Content and the U.S. Communications Decency Act\nPlease note Section 230 of the U.S. Communications Decency Act (\"CDA\") (and the equivalent or similar laws in your jurisdiction) is intended to\nexclude or limit the liability of online service providers such as ZipRecruiter, when such online service providers provide or make available access to\nthird-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the\npublisher or speaker of any information provided by another information content provider).\nThe decision by ZipRecruiter to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such\nUser Content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically\nprovides: \"No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to\nrestrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing,\nor otherwise objectionable whether or not such material is constitutionally protected…\"\nE. User Interactions and Assumption of Risk\nYou understand and agree that ZipRecruiter does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible\nfor authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with\nother Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with\nwhom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User\nand you release ZipRecruiter, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every\nkind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest\nextent permitted by law.\nF. Content Disclosure\nZipRecruiter reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in\nconnection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal\nobligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of\nZipRecruiter where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming\nthat any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their\nintellectual property or ownership rights, or of their right to privacy.\n3. USER CONTENT LICENSE GRANT\nTOP\nBy posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to\ngrant, to ZipRecruiter, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide\nlicense to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise\nexploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the\npurposes of posting such User Content on the ZipRecruiter websites, distributing such User Content through the ZipRecruiter distribution and\npublishing network and in job alerts to job seekers, and to promote ZipRecruiter and the Services. This license continues even if you stop using the\nServices.\n\nIf you are a Client, you acknowledge and agree that ZipRecruiter has no obligation, and may be unable, to remove your Job Advertisements and\nother content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the ZipRecruiter distribution and\npublisher network, (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, or (iv) incorporated into\nfixed media displays of ZipRecruiter or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and\nirrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the\nforegoing license also extends to the use by ZipRecruiter to identify you as a User of the Services in any promotional and marketing materials to\npromote ZipRecruiter and the Services. Further, to the extent you have given ZipRecruiter the right to access certain User Content that is present\non another website or service you own or control, you give ZipRecruiter the right to scrape such website as required to retrieve such User Content\nfor use on the Services as contemplated in the license grants above, notwithstanding any prohibition on scraping set forth in the terms of use or\nother contractual terms governing such website.\nYou represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that\nyou submit, provide, make available or post, via the Services, that the use by ZipRecruiter of your User Content will not violate any law or infringe\nthe rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and\naccurate.\n4. MOBILE SOFTWARE\nTOP\nWe may make available software to access the Services via a mobile or tablet device (\"Mobile Software\"). To use the Mobile Software, you must\nhave a mobile device that is compatible with the Mobile Service. ZipRecruiter does not warrant that the Mobile Software will be compatible with\nyour mobile device. ZipRecruiter hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile\nSoftware for one ZipRecruiter account on mobile devices owned or leased solely by you, for your personal use. You may not : (i) modify,\ndisassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent,\nlease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time\nsharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise\ninterfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through\nthe Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights\nnotices on the Mobile Software. You acknowledge that ZipRecruiter may from time to time issue upgraded versions of the Mobile Software, and may\nautomatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic\nupgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code\nthat may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of\nsuch code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and ZipRecruiter or its third-party partners or\nsuppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or\nobligations hereunder, except as expressly provided for in this Agreement, is void. ZipRecruiter reserves all rights not expressly granted under this\nAgreement.\nIf the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or\ndisclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-\n1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as\napplicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software\nmay not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In\naddition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all applicable laws related\nto use of the Mobile Software and the Services.\nClick here to see the additional terms applicable to Mobile Software from Apple App Store\nClick here to see the additional terms applicable to Mobile Software from Amazon Appstore\nClick here to see the additional terms applicable to Mobile Software from Google Play\n5. OUR PROPRIETARY RIGHTS\nTOP\nThis Agreement provides only a limited license to access and use the Services in accordance with the terms of this Agreement. Accordingly, you\nhereby agree that ZipRecruiter transfers no ownership or intellectual property interest or title in and to the Services or any materials used in\nconnection with the Services, including, without limitation, software, (including source code), programs, products, information, documentation,\nimages, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio,\nvideos, music, and content (the, \"ZipRecruiter Content\"). All such ZipRecruiter Content as well as the design, structure, selection, coordination,\nexpression, “look and feel,” and arrangement of any content contained on or available through the Services (except for Feedback) are exclusively\nowned, controlled, and/or licensed by ZipRecruiter or its members, parent(s) licensors, or affiliates. ZipRecruiter, the ZipRecruiter logo, and all other\nmarks are proprietary trademarks of ZipRecruiter and any use of such marks, including, without limitation, as domain names, account identifiers, or\nin connection with any search engine optimization practice(s), without the prior written permission of ZipRecruiter is hereby strictly prohibited.\nExcept as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property\nRights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit\nor create derivative works from any materials or content accessible on the Services. Use of the ZipRecruiter Content or materials on the Services\nfor any purpose not expressly permitted by this Agreement is strictly prohibited.\n\nIf you participate in any evaluation regarding the Services or otherwise provide ZipRecruiter suggestions, comments, ideas, opinions,\nrecommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services\n(collectively, \"Feedback\"). Such Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, and non-\nexclusive right and license for ZipRecruiter to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and\ndisplay (in whole or in part) worldwide, or act on any such Feedback without additional approval or consideration in any form, media, or technology\nnow known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. To the\nextent permitted by applicable law, you waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights,\nin your Feedback. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.\n6. FREE TRIALS AND PAID SERVICES FOR CLIENTS\nTOP\nEXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND ZIPRECRUITER, THE FOLLOWING TERMS WILL APPLY\nTO CLIENTS USING PAID SERVICES.\nA. Billing Policies\nCertain aspects of the Services may be provided for a fee. If you are a Client and elect to use a paid feature of the Services, you agree to the pricing\nand payment terms for the applicable Services, as we may update them from time to time. Any recurring charges are billed in advance of service.\nZipRecruiter may (1) add new services and products for additional fees and charges, at any time in its sole discretion, or (2) amend fees and\ncharges for existing services, at any time in its sole discretion upon notice. Cancellation requests should be made in accordance with Section 6(E)\n(iv) below.\nWe may also provide certain products or services via our third-party partners and you agree that your use of such third-party products or services\nis subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that\nZipRecruiter has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for\npaid services shall become effective in the billing cycle following notice of such change to you.\nIf you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice and submit written notice of your dispute\n(with sufficient detail of the nature of the dispute, the amount and invoices in dispute and information necessary to identify the affected Service(s))\nfor the disputed amount. All disputes must be submitted to ZipRecruiter in writing within thirty (30) days from the date of the invoice with respect\nto which you have a dispute. You waive the right to dispute any charges not disputed within such thirty (30) day period. In the event that the\ndispute is resolved against you, you shall pay such amounts plus interest at the rate referenced in Section 6(C) below.\nB. No Refunds for Paid Services\nYou may cancel your subscription to paid services at any time, pursuant to Section 6.E below, and you accept that you will not receive a refund of\npre-paid fees for such cancellation, except where otherwise set out in this Agreement. In the event that ZipRecruiter suspends, limits, conditions, or\nterminates your access to the Services and/or your account due to your material breach of this Agreement or any other agreement that you have\nwith ZipRecruiter, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for\na subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay ZipRecruiter the\nentire fees due for the subscription, product or service, as applicable.\nC. Payment Information; Taxes; Delinquent Payments\nIf you are a Client, you authorize ZipRecruiter to provide any Authorized User associated with your account, or such other persons as you may\nhereafter specify in writing, access to view, change, and inquire, about bank, payment, tax or other information relating to your business\nrelationship with ZipRecruiter.\nAll information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges\nincurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect\nwhen such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time ZipRecruiter is required by a\ntaxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest,\nif any) to ZipRecruiter upon written notice.\nIf you elect to add additional paid services or products to your selected subscription or upgrade your subscription, we will invoice you for such\nservices, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly.\nDelinquent payments may bear interest at the rate of one-and-one-half percent per month (eighteen percent per annum) or the highest rate\npermitted by law, if less, from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and\nexpenses) incurred by ZipRecruiter in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In\naddition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable\nServices without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for\nsuch Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely\nand correctly, you will continue to accrue charges even if you don’t use the subscribed Services.\nD. Credit and Debit Cards\n\nIn the event that you pay for any Services using a credit card or debit card, you authorize ZipRecruiter to charge your credit or debit card (or other\nacceptable payment method that you have chosen from those offered) (\"Payment Method\"), for the applicable fees for the duration of the\napplicable term of your selected subscription plan or other paid service or product, together with any applicable sales, use, excise, goods and\nservices tax (GST), consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method\non your company’s behalf, and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge\nfor fees due, you agree that ZipRecruiter may suspend or terminate your access to the applicable Services and that you will continue to remain\nliable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment\nMethod, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and\ncredit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if\napplicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with\nlaw enforcement authorities and in response to subpoenas, court orders, and search warrants.\nE. Free Trials and Subscription Services (for Clients that have not executed a paper contract)\nEXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND ZIPRECRUITER, OR BETWEEN YOU AND ONE OF OUR\nTHIRD-PARTY PARTNERS, YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION TO THE PAID SERVICES WILL AUTOMATICALLY\nRENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.\n(i) Free Trial. If you have been offered a free trial to the job posting Services (\"Free Trial\"), you may be required to: (a) select a desired\nsubscription plan (\"Subscription Plan\"), and (b) provide valid credit card/debit card and billing information. Your credit/debit card will not be\ncharged until the expiration of the Free Trial. If you don’t cancel prior to the end of the Free Trial term, we will automatically charge your debit/credit\ncard for the first 30 days (if you are on a daily or monthly Subscription Plan) or the first year (if you chose an annual Subscription Plan) or other\napplicable recurring period depending on the selected Subscription Plan (\"Initial Plan Term\"). We will continue to charge your debit/credit card at\nthe beginning of the applicable renewal period following the Initial Plan Term unless you notify ZipRecruiter that you do not wish to renew prior to\nthe end of the Initial Plan Term.\n(ii) Free Trial Cancellation. You can cancel at any time during the Free Trial by calling us at 1-877-252-1062 (US). You may also send us an email\nat [email protected]. If you wish to cancel online, follow the instructions on the website to cancel your free trial immediately. It is your\nresponsibility to timely cancel your Free Trial prior to the expiration of the term of the Free Trial to avoid any unwanted charges. Once your Free Trial\nis cancelled, you will lose access to information regarding candidates, Job Advertisements and other features of the applicable Subscription Plan.\n(iii) Subscription Plans and Renewals. Subscription Plans will automatically renew for recurring periods depending on the duration of your selected\nSubscription Plan (e.g., every 1 day, 30 days, 3 months, 6 months, annual or other period), and, as authorized by you by agreeing to the automatic\nrenewal of your Subscription Plan during the sign-up process, unless you notify ZipRecruiter of any changes or requests not to renew (i.e., to\ncancel), prior to the end of the Initial Plan Term (each, a \"Renewal Plan Term\") or each Renewal Plan Term. Cancellation requests should be made\nin accordance with the instructions provided on the applicable ZipRecruiter website or in accordance with Section 6(E)(iv) below. At the time of the\nautomatic renewal, the applicable subscription or other fees will be charged to the Payment Method provided and/or associated with your account,\nor you will be invoiced for payment.\n(iv) Subscription Plan Cancellation. For paid Subscription Plans, you may cancel at any time effective at the end of the Initial Plan Term or any\nRenewal Plan Term by calling us at 1-877-252-1062 (US). You may also send us an email at [email protected], and one of our\nrepresentatives will contact you. Make sure you cancel prior to your next billing renewal date to avoid any unwanted charges. Your account will be\ncancelled effective on your next billing date. Once your account is cancelled you will lose access to all content and features under your selected\nSubscription Plan. You agree and accept that you will not receive any refund of prepaid fees if you request a cancellation and that the cancellation\nrequest shall become effective at the end of the Initial Plan Term or Renewal Plan Term in which the cancellation notice is received by ZipRecruiter.\nF. Suspension or Termination\n(i) Suspension or Termination for Cause. ZipRecruiter may suspend or terminate your access to the Services and/or this Agreement in the following\ninstances: (I) if you breach this Agreement and cannot correct the breach within that period required by ZipRecruiter if the breach is capable of\ncure; (II) immediately, if you fail to pay any monies owed to ZipRecruiter for paid services; (III) immediately if you become the subject of a\nbankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (IV) immediately in the event of\nviolations of this Agreement; (V) for any abuse, inappropriate behavior, or other conduct (including posting inaccurate, false, misleading, or\ndishonest Job Advertisements), which in our sole discretion adversely affects or has the potential to affect us, our employees or users of our\nServices; (VI) immediately if you send excessive, disruptive, deceptive, dishonest, or abusive communications to another User by mail, email, text,\nphone, or other mode of communication (as may be determined in ZipRecruiter’s sole discretion), regardless if such communication takes place on\nor off the Services; (VII) immediately if you in any way disclose, transfer, or sell any Data from the Resume Database (both terms as defined below)\nor within a User’s resume/CV or profile to a third party, except as expressly permitted by this Agreement; and/or (VIII) immediately, if you charge, or\nattempt to charge, a Job Seeker any money to review or otherwise proceed with the hiring process after such Job Seeker submits a Job Application\non the Services. In the event of any suspension of your access to the Services and/or termination of this Agreement or any other agreement you\nhave with ZipRecruiter (other than a termination for convenience by ZipRecruiter), you remain responsible for the entire amount of the fees (pre-\npaid and/or due) and you will not receive a refund of any pre-paid fees, for the applicable Services. ZipRecruiter may also suspend your access to\nthe Services without penalty and without notice, in the event of a suspected violation of this Agreement. In the event your access to the Services is\nterminated for cause in accordance with clauses (V), (VI), (VII), or (VIII) above, you shall further be prohibited from signing up for or using any other\nUser account, free trial, or paid service on the Services.\n(ii) Suspension or Termination for Convenience. ZipRecruiter can terminate your access to the Services and/or this Agreement for convenience via\nemail notification to you and, in the event of such termination for convenience, you will receive a pro-rata refund of any pre-paid fees pertaining to\nServicesthat will not be provided as a result of the termination.\n\n(iii) Your Termination Rights. You may terminate this Agreement if ZipRecruiter materially breaches this Agreement and does not cure the\nbreach within ten (10) days after receipt of written notice from you, which notice must be emailed to: [email protected]. Pre-paid\nfees are non-refundable, except in the case of an uncured material breach by ZipRecruiter (and in the absence of any contributory act and/or\nomission to act by you), in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for\nthe balance of the applicable term of your then-current Subscription Plan.\n7. ADDITIONAL TERMS THAT APPLY TO JOB SEEKERS \nTOP\nAs a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs (\"Job Applications\"), (iii) receive job alert emails or text\nmessages, where such features are available to you (\"Job Alerts\"), and (iv) include your resume and other applicable information in a resume\ndatabase (the, \"Resume Database\"). For purposes of this Agreement, references to \"resume\" or \"CV\" shall also mean a curriculum vitae, profile,\nreferences, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.\nIf you have a ZipRecruiter account, provide your resume/CV to ZipRecruiter, and/or sign up for Job Alerts, you agree that we may (A) use the\ninformation you provide to send you information about Job Advertisements that may be of interest to you; and (B) display or provide your\nresume/CV and profile information (to the extent that you have not designated it as private) to an employer or recruiter who may be interested in\ncandidates like you.\nTo the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where\nyou have submitted your resume/CV to the Resume Database or because you have applied to a Job Advertisement on a ZipRecruiter website), you\nconsent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that\nyou give us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual\nproperty rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional\ninformation as we reasonably require to fulfil the services we provide to you.\nA. Job Applications in General\nBy applying to a Job Advertisement on the Services, you give us permission to store your information on the Services and to share your information\n(including your resume/CV), with the entity that posted the Job Advertisement.\nYou can choose how to submit your Job Application using the options offered through the Services. If you elect to apply through a third-party\naccount, such as Facebook or LinkedIn.com, you will be asked to log-in to the applicable account, and the profile, resume and other information\nthat you have provided as part of any of those accounts will then be provided to the entity that posted the applicable Job Advertisement.\nOnce you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Advertisement\nas long as any parameters selected by that entity are met, where applicable. You should therefore ensure that the information you provide is\ncomplete and accurate, and only contains information that you are comfortable sharing.\nIf you ask ZipRecruiter to submit a message to any employer or third party or if you apply for a job using the Services, you accept that ZipRecruiter\ndoes not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of\ndata will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you\nrequire alternate screener questions or application process, you must contact the applicable entity directly.\nB. Applying to Job Advertisements on a ZipRecruiter Website\nWhen you apply to a Job Advertisement on a ZipRecruiter website or through the app, if all parameters selected by the entity that posted the Job\nAdvertisement are met, we will send the resume associated with your account (to the extent an account was created as described in Section 7.C.\nbelow).\nIf you have manually logged out of your account or if you have been automatically logged out of your account because of inaction or some other\nreason, we will ask you to input your email so we can verify your identity before we send the resume associated with your account. Once you\nreceive the verification email and confirm your identity by following the instructions in the email, we will send out the resume associated with your\naccount.\nIMPORTANT: It is your responsibility to ensure that the resume associated with your account is always updated, current and accurate before you\napply to a Job Advertisement or opt-in to the Resume Database, so an employer receives the most up-to-date information about you. In order to\ndelete old resumes, edit your resume, or upload a new resume, please go to the Profile settings in your User account.\nAdditionally, although ZipRecruiter requests that companies maintain the confidentiality of the Job Applications and resumes/CVs they receive\nthrough the Services, ZipRecruiter cannot and does not guarantee that the information you provide will be held in confidence or properly secured\nby the applicable recipient.\nC. Account Creation\nIn addition to your ability to manually create a ZipRecruiter account yourself, a ZipRecruiter account will automatically be created for you in the\nfollowing circumstances, if you don’t already have an account:\n(a) When you sign up for job alerts with ZipRecruiter; or\n\n(b) When you apply to a Job Advertisement on a ZipRecruiter website, using for example, the ‘Apply Now’ or ‘Quick Apply’ buttons.\nWhen an account is automatically created for you, you will receive an email with your user name (which is usually your email address) and a link to\nreset your password. Whether or not you choose to reset your password, the account will exist under your email address and the resume\nassociated with the action you took (e.g., applying for a job, signing-up for job alerts, etc.), will be connected with that account. So, before applying\nto a Job Advertisement, please ensure that your resume is up-to-date so that employers receive the most recent information about you.\nIf you do not wish to have a ZipRecruiter account, please contact [email protected] or go to your account settings and close your account.\nD. Job Alerts\nYou can manually sign up to receive job alerts by email/or SMS. In addition to a manual sign up, if you apply to Job Advertisements on a\nZipRecruiter website and/or create an account, you may agree to receive email job alerts based on the type of role you selected. You can sign up for\njob alerts via SMS in a number of ways including by entering your telephone number in the Mobile Alerts section of your User Account. You can edit\nor change the type of job alerts want to receive by accessing the Job Alerts tab in your User account. You may opt out of job alerts by clicking on\nthe unsubscribe link in your job alert email or by following the instructions in your SMS alert. You can also contact [email protected], if you\nneed assistance.\nE. Resume Database\nZipRecruiter has a feature which permits job seekers to include their resume/CV and other profile information in the Resume Database to be stored\non the Service.\nMaking Your Profile and Resume/CV Public: If you elect to make your resume/CV ‘public’ in your Account settings or during your account\ncreation: (i) it will be added it to the Resume Database, (ii) your resume/CV and profile information (including your personal information, to the\nextent provided in your resume or profile) will be available to be searched, viewed, or downloaded by any persons or entities that have access rights\nto the Resume Database, (iii) your resume/CV will be visible in whole or in part via search results within the Resume Database, and (iv) your\nresume/CV and profile information will be visible in part to Clients with active Job Ads to invite or rate candidates to apply.\nIf you add your resume/CV to the Resume Database, then you are:\nConsenting to ZipRecruiter matching words, skills, or certifications that are present or implied in your resume or other application materials to\nwords, skills, or certifications present or implied in a Job Advertisement or an employer’s or recruiter’s search of terms, and if there are any\nmatches, to present matching resumes/CVs to the applicable employer or recruiter and to send information to you about Job Advertisements\nthat may be of interest to you.\nAcknowledging that we may 'parse' the resume and other applicable information into another format to create a profile view and/or enable\nsearchable text for a Company; the Company will also be able to see your resume in the form in which you originally submitted it to\nZipRecruiter.\nKeeping Your Profile and Resume/CV Private: If you elect to keep your resume/CV private, it will not be added to the Resume Database. If you\nhad previously made your profile and resume/CV public, and wish to opt-out, you may do so at any time by adjusting the settings in the “About Me”\npage of your account. If you opt-out, we will remove your resume/CV from the Resume Database and disable visibility to search results as soon as\nreasonably practicable. However, if an entity has already accessed your resume/CV through the Resume Database or search results and copied or\nsaved your resume, that entity will continue to have access to your resume/CV and all information you included in your resume/CV.\nF. Interactions with Other Users; Scams; Confidentiality\nYou are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to,\nthe risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should\ntherefore use caution with regard to the information you elect to share as part of your User Profile or Job Application or resume/CV that. Only list\nthe contact information that you are comfortable disclosing to Clients and other Users of the Services.\nIn addition to carefully reviewing this section and Section 2 above, you should conduct your own due diligence on potential employers and Job\nAdvertisements that may be of interest to you. As mentioned in Section 2, ZipRecruiter does not authenticate Users or guarantee that a Job\nAdvertisement is suitable, legitimate or real.\nClick here to read more about what you can do to help understand and protect yourself from scams\n8. ADDITIONAL TERMS THAT APPLY TO PROVIDERS OF JOB ADVERTISEMENTS\nTOP\nAs a Client, you can use the Services to (i) search for prospective employees or candidates, (ii) view resumes, profiles, or curriculum vitae, and/or\n(iii) post and/or distribute Job Advertisements on behalf of yourself and/or a third party.\nA. Content Rules\nWith respect to all Job Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a\nthird party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of Job Advertisements (whether\nowned by you or your clients), will comply with advertising standards and applicable laws, including, but not limited to, employment and privacy\nlaws, in your jurisdiction and the jurisdictions in which the vacancies are located; (ii) you have the necessary rights to permit the publication and use\nof Job Advertisements by ZipRecruiter pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job Advertisements\n\nwill not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other\nproprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Job Advertisements shall comply with the\nthen-current versions of this Agreement and Job Posting Rules (referenced below); and (v), you have the authority to grant permission to\nZipRecruiter to wrap or collect Job Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not\ncause ZipRecruiter to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of\npublication of Job Advertisements or material to which users can link though such Job Advertisements. You agree to indemnify and hold\nZipRecruiter and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims,\ncosts, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Advertisements\nprovided by you or any other content provided by you, or your breach of this Agreement.\nYou agree not to post or promote any Job Advertisements that: (i) contain inaccurate, false, or misleading information; (ii) contain \"hidden\"\nkeywords or keywords that are irrelevant to the job opportunity being presented; (iii) sell, promote or advertise products or services; (iv) endorse a\nparticular political party, political agenda, or political position or promote a particular religion; (v) advertise job openings located in countries\nsubject to economic sanctions of the United States or Canadian governments, except where permitted by applicable law; (vi) require the applicant\nto provide information relating to his/her (a) racial or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e)\nphysical or mental health, (f) sexual life, (g) the commission of criminal offences or proceedings, or (h) age; (vii) contain content or links to content\nthat exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13; (viii) includes any\nscreening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; (ix) involves any\nfranchise, pyramid scheme, \"club membership\", distributorship, or multi-level marketing opportunity or requires recruitment of other members,\nsub-distributors or sub-agents; (x) requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; (xi) contain\ncontent that violates applicable laws; (xii) pays commissions only (except for postings that make clear that the available job pays commission only\nand clearly describes the product or service that the Job Seeker would be selling, in which case such Job Advertisements are permissible); (xiii)\nrequires citizenship or lawful permanent residence in a country, unless that is required in order to comply with law, regulation, or a federal, state or\nlocal government contract; (xiv) contain links to any site competitive with ZipRecruiter other than to an actual job posting; or (xv) do not otherwise\ncomply with the then-current Job Posting Rules (currently available at https://www.ziprecruiter.global/en/job-rules (collectively, \"Job Posting\nRules\").\nAdditionally, Job Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to,\nthose relating to labor and employment, and anti-discrimination (or the equivalent in the country that the Job Advertisements are made available,\nposted or distributed).\nREPORTING VIOLATIONS OF THE CONTENT RULES: If you believe that any content on our Websites, violate the Content Rules, please contact us\nat [email protected] and state the following in the subject-line of your email: Violation of Content Rules. For content that allegedly\nviolates your copyright, please see Section 10 below.\nB. Publication and Distribution of Job Advertisements\nBy submitting Job Advertisements to ZipRecruiter (whether or not during a Free Trial), you agree that ZipRecruiter is under no obligation to accept,\npublish, or distribute your Job Advertisements. ZipRecruiter may require some Job Advertisements and/or Clients to be reviewed and/or verified to\nprevent fraud or abuse of the Services, improve our Services, or for any other reason in ZipRecruiter’s sole discretion. In addition, ZipRecruiter may\npublicly disclose the number of Job Advertisements that you have posted during any time period of measurement.\nZipRecruiter will make reasonable efforts to distribute Job Advertisements to third-party services, publishers, job boards and/or other entities in our\ndistribution network, or in job alert emails and texts (where a Job Seeker has opted-in to receive such alerts) (collectively, \"Distribution\nChannels\"); provided, however, that ZipRecruiter has sole discretion in determining which Distribution Channels the Job Advertisements may be\nplaced. However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore\nwe provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by\nan entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that entities in the Distribution Channels have no\nobligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason, whether you are on a paid job\nSubscription Plan, or a trial or free subscription, and even if you have paid for a \"Premium Post.\" You agree that ZipRecruiter is not liable to you or\nany third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or\ndistributed. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on\nZipRecruiter websites.\nWe do not guarantee any responses, or the number of responses, to your Job Advertisements, including, without limitation, views, clicks, or\napplications, or that any responses will be from individuals suitable for the job vacancy you advertised. We make no guarantee as to the quality of\ncandidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and\nreference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution\nChannels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their\nservices, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.\nC. Authorized Users\nYou are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account and you will limit\naccess to the number of users that are allowed under your account to those permitted under your selected Subscription Plan (each,\nan \"Authorized User\"). Additionally, you agree that: (i) you will not share log-in credentials and account information with third parties; (ii) you will\nnot sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or\nentity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other\nSpecific Terms of Service or other agreement that you have with ZipRecruiter; (v) you will immediately notify ZipRecruiter of any suspected or\n\nalleged violation of this Agreement, including any unauthorized use of any password or account information, or any other known or suspected\nbreach of security; and (vi) you will cooperate with ZipRecruiter with respect to investigation of any suspected or alleged violation of this\nAgreement and any action by ZipRecruiter to enforce this Agreement.\nZipRecruiter may suspend, limit, condition, or terminate an Authorized User's access to the Services or any features thereof, in the event that\nZipRecruiter reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.\nD. Removal of Advertisements; Enforcement; Termination\nYou acknowledge and agree that ZipRecruiter may, with no liability or penalty, remove any Job Advertisement or other content, communication or\ninformation posted, which in the sole judgment of ZipRecruiter, violates or may violate this Agreement, applicable laws, rules or regulations, or third\nparty terms; or may adversely affect ZipRecruiter; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral,\noffensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms\nor threatens the safety and privacy of any third party.\nWe also have the right to:\nRemove or refuse to post any User Content for any or no reason in our sole discretion.\nTake any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that\nsuch User Content violates the Terms of Use, including the Content Rules, infringes any intellectual property right or other right of any person\nor entity, threatens the personal safety of users of the Website or the public, or could create liability for us.\nDisclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including\ntheir intellectual property rights or their right to privacy.\nTake legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services.\nTerminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms\nof Use.\nWithout limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to\ndisclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE\nCOMPANY AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIMS RESULTING FROM\nANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ALL SUCH\nPARTIES OR LAW ENFORCEMENT AUTHORITIES.\nE. Resume Database\nIf your Free Trial or Subscription Plan includes access to the Resume Database, then (subject to the terms and conditions of this Agreement)\nZipRecruiter hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access the Resume Database for\nthe limited purpose of (1) searching the Resume Database; and/or (2) viewing and/or downloading the number of resumes/CVs permissible under\nyour Free Trial or Subscription Plan, each for the sole purpose of seeking potential employment candidates for legitimate employment\nopportunities. You shall not use or access the Resume Database for any other purpose.\nYou shall not use any automated computer programs or software to download resumes/CV or to extract Data (defined below), and shall not resell or\nsub-license access to the Resume Database (or any portion thereof) or any resume (including Data contained therein). You further agree that you\nshall not use the Resume Database or its contents to market or sell products or services to the data subjects whose resumes comprise the Resume\nDatabase.\nNotwithstanding anything to the contrary in this Agreement, ZipRecruiter reserves the right to limit the amount of information (including resume\nviews and downloads), that may be accessed in any time period to mitigate any overload to the Services or in response to any abuse of the\nServices. The Resume Database shall not be used in any manner that adversely affects ZipRecruiter business, imposes an unreasonable or\ndisproportionately large load on ZipRecruiter infrastructure, or interferes with the ability of others to access the Resume Database. ZipRecruiter\nreserves the right to suspend or terminate access to the Resume Database or terminate this Agreement in the event of any non-compliance with\nthis Agreement or any other agreement you have with ZipRecruiter. You shall remain primarily responsible for ensuring that Authorized Users\ncomply with the terms of this Agreement. If a Job Seeker opts out of the Resume Database at any time, ZipRecruiter reserves the right to block\naccess to, and/or remove, the Job Seeker’s resume/CV from the Resume Database.\nYou accept that ZipRecruiter does not verify whether any telephone number contained within a resume/CV is a landline or a cell phone number, and\nit is your responsibility to ensure that any communication with the data subject of the resume/CV is in compliance with applicable laws related to\ntelephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.\nYou represent, warrant and promise that: (i) you will use the Resume Database and the personal information contained within any resumes/CVs or\nJob Seeker profile (collectively, \"Data\"), in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further\ndisclose any Data from Resume Database to a third party, unless you are an authorized recruitment agency, staffing agency, or job advertising\nagency acting on behalf of a client, and you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate\nemployment purposes, and such disclosure falls within the scope of the appropriate Free Trial or Subscription Plan for the Services; (iii) you will\nimplement appropriate physical, technical, and administrative measures to protect Data obtained from the Resume Database from loss, misuse,\nunauthorized access, disclosure, alteration or destruction, and you will notify ZipRecruiter immediately in the event of any suspected or actual\nunauthorized access or disclosure of resumes/CVs; (iv) Authorized Users shall not share login credentials with any other party; (v) you will not use\n\nthe contact information from resumes/CVs to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of\nyour or a third party’s products or services, or to contact or source job seekers for careers fairs and business opportunities; and (vi) you will\nrespect the privacy choices of Job Seekers.\nZipRecruiter makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation,\nresumes/CVs. You accept that ZipRecruiter acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs,\nverify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your\nresponsibility to conduct due diligence as regards the individual job seeker-subject of each resume/CV. We do not guarantee any response or the\nnumber of responses to your Job Advertisements or that any responses will be from individuals suitable for the job vacancy you advertised. It is\nyour responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements\nhave the required qualifications to meet your requirements.\nReferences to \"resume\" or \"CV\" as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written\noverviews or assessments of a person's experience and qualifications.\nF. Job Seekers\nZipRecruiter may inform Job Seekers that you have taken an action with respect to a resume/CV or a Job Application. You agree to deal fairly and\nprofessionally with individuals who may respond to your Job Advertisement and agree to indemnify us from and against any claim brought by an\nindividual against ZipRecruiter arising from your breach of this Agreement or any other agreement you have with ZipRecruiter.\nG. Data Protection\nYou agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful\nprocessing of any Personal Data; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps\nto ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and\nthe cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those\nmeasures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and\nregulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further\nagree to indemnify, hold harmless, and defend ZipRecruiter at your own expense against all costs, claims, damages or expenses incurred by\nZipRecruiter for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this\nsection and applicable data protection and privacy laws and regulations.\nFor the purposes of this Agreement, ‘Personal Data' means any information or pieces of information that could identify a natural person either\ndirectly (e.g. your name, email address, phone number) or indirectly (e.g. through pseudonymized data, such as a unique ID number). This means\nthat personal data includes things like email/home addresses, usernames, profile pictures, personal preferences, financial information, and health\ninformation. It could also include unique numerical identifiers like your computer’s IP address.\nH. Partner Platforms\nIf you access or use the ZipRecruiter Services through a third-party platform, such as, without limitation, third-party platforms applicable to\nZipRecruiter’s resellers, applicant tracking system partners, job board partners, or other strategic partners (each, a “Partner Platform”), you\nunderstand and agree that you will only post Job Advertisements in connection with hiring employees for your own organization, and you will only\nuse the ZipRecruiter Services in connection with hiring employees for your own organization. ZipRecruiter reserves the right, as determined in\nZipRecruiter’s sole discretion, to reject or disable your use, or any portion of your use, of the ZipRecruiter Services through a Partner Platform if\nyou post a Job Advertisement in connection with hiring an employee for an organization other than yours or if you use the ZipRecruiter Services in\nconnection with hiring an employee for an organization other than yours, whether or not you are a job board, staffing agency, recruiter, recruitment\nadvertising agency, or other recruitment-based entity.\n9. PRIVACY AND SECURITY\nTOP\nPlease refer to our Privacy Policy for information regarding how we collect, process, share and store your Personal Data.\nUnfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized\nthird parties will never be able to defeat our security measures or use your personal data for improper purposes. You acknowledge that you provide\nyour personal data at your own risk. Any actual or attempted use of the Services by you in violation of this Agreement may result in criminal and/or\ncivil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ZipRecruiter\nreserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Services without any prior notice\nto or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the\nServices.\n10. INFRINGING CONTENT\nTOP\nA. DMCA Notice Procedure (Copyrights)\nIt is the policy of ZipRecruiter to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (\"DMCA\"),\nor if you reside outside the United States, any similar applicable law with respect to copyright infringement in the jurisdiction in which you are\nlocated.\n\nIf you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services,\nplease notify the ZipRecruiter copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following\ninformation in writing:\n1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;\n2. Identification of the copyrighted work that you claim has been infringed;\n3. Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Services;\n4. Information reasonably sufficient to permit ZipRecruiter to contact you, such as your address, telephone number, and, e-mail address;\n5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright\nowner, its agent, or law; and\n6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized\nto act on behalf of the owner.\nFAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND WILL RESULT IN A\nDELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE\nPROCESS. ZIPRECRUITER WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS\nPROVIDED.\nThe above information must be submitted to the following DMCA Agent:\nAttn: DMCA Agent\nZipRecruiter, Inc. \n604 Arizona Ave. \nSanta Monica, CA 90401\nEmail: [email protected]\nUNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL\nPROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.\nCopyright Counter-Notices. If content you posted on the site was removed due to a claim(s) of copyright infringement and you would like to\ndispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:\n1. To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.\n2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was\nremoved or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides\nfor the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if you are not\nsure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.\nElements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section\nnumbers):\n1. Identify the specific URLs of material that ZipRecruiter has removed or to which ZipRecruiter has disabled access.\n2. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your account.\n3. Provide a statement that you consent to the jurisdiction of the courts of the state of California, and that you will accept service of process\nfrom the person who provided notification to ZipRecruiter in accordance with the process outlined above or an agent of such person.\n4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled\nas a result of a mistake or mis-identification of the material to be removed or disabled.”\nSign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the\ncommunication to the following address:\nAttn: DMCA Agent\nZipRecruiter, Inc.\n604 Arizona Ave. \nSanta Monica, CA 90401\nEmail: [email protected]\nAfter we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note\nthat when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting\na counter-notification, you therefore consent to having such identifying information revealed in this way.\nAfter we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court\norder to restrain you from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to\nrestore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).\n\nForeign Counter-Notification. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal\nproceedings between you and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal\nconsequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be\nadvised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if you are not sure\nwhether content you posted on the site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures,\nwe recommend you first contact a lawyer knowledgeable in the laws of the United States and the state of California. If you do wish to file a counter-\nnotice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”\nGeneral. In accordance with the DMCA and other applicable law, ZipRecruiter has adopted a policy of terminating, in appropriate circumstances,\nthe accounts of Users who are deemed to be repeat infringers. ZipRecruiter may also at its sole discretion limit access to the Services and/or\nterminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.\nB. Other Infringing Content(Trademarks)\nIf you believe in good faith that any content on the Services is illegal or infringes your or a third party's intellectual property right or you wish to\nmake us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: [email protected]. Any notice\nto us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed\ndescription specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone\nnumber and e-mail address.\n11. THIRD-PARTY LINKS AND SERVICES\nTOP\nThe Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled\nby ZipRecruiter (collectively, \"Third-Party(ies)\"). ZipRecruiter does not endorse or assume any responsibility for any such Third-Party sites,\ninformation, materials, products, or services. If you access a Third-Party website from the Services or use a Third-Party service, you do so at your\nown risk, and you understand that this Agreement and the ZipRecruiter Privacy Policy do not apply to your use of such Third-Party sites or services.\nYou expressly relieve ZipRecruiter from any and all liability arising from your use of any Third-Party website, service, or content. Additionally, your\ndealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms\n(such as warranties) are solely between you and such advertisers. You agree that ZipRecruiter shall not be responsible for any loss or damage of\nany sort relating to your dealings with such advertisers.\n12. INDEMNITY\nTOP\nTo the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless ZipRecruiter and its subsidiaries, and their\nrespective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages,\nobligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and\naccess to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement and any other\nagreement that you have with ZipRecruiter, including without limitation your breach of any of the representations and warranties herein; (iii) your\nviolation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable\nlaw, rule or regulation, including, without limitation, your violation of the U.S. Fair Credit Reporting Act, or pursuant to applicable credit reporting\nlaws, and any applicable data protection, email marketing, or telemarketing laws (including any email, phone call or text message you send or make\nto another User); (v) any claims or damages that arise as a result of your User Content; (vi) any other party's access and use of the Services with\nyour account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.\n13. NO WARRANTY\nTOP\nA. Disclaimer of Warranties\nNOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER\nAPPLICABLE LAW.\nEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,\nZIPRECRUITER DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN \"AS IS\" AND \"AS\nAVAILABLE\" BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,\nTHE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,\nINCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A\nPARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION\nTRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM\nZIPRECRUITER, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION\nNOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR\nTHROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR\nREQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE;\n(IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.\nANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR\nOWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY\nOTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.\n\nIF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE\nLAW, ZIPRECRUITER’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT ZIPRECRUITER’S OPTION) TO: (A) FOR\nGOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR\nREPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF\nTHE COST OF THE RESUPPLY OF THE SERVICES.\nB. Universal Disclaimer\nZIPRECRUITER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR\nOFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ZIPRECRUITER WILL NOT\nBE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR\nSERVICES.\nZIPRECRUITER DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL\nOBLIGATIONS OR LAWS OR REGULATIONS.\n14. LIMITATION OF LIABILITY\nTOP\n(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO\nEVENT SHALL ZIPRECRUITER, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,\nSUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY\nDUTY, OR OTHERWISE FOR ANY (I) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR ANY\nOTHER LOSS OR DAMAGE THAT DOES NOT ARISE NATURALLY AND ACCORDING TO THE USUAL COURSE OF THINGS FROM THE BREACH, ACT\nOR OMISSION RELATING TO THIS AGREEMENT AND GIVING RISE TO THAT LOSS, WHETHER OT NOT SUCH LOSS MAY REASONABLY BE\nSUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AT THE TIME THEY ENTERED INTO THIS AGREEMENT AS A PROBABLY\nRESULT OF THE BREACH, ACT OR OMISSION; OR (II) LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY\nTO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL ZIPRECRUITER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING\nFROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION\nCONTAINED THEREIN.\n(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZIPRECRUITER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)\nERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,\nRESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS\nAND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;\n(V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI)\nERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,\nEMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY,\nOFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.\n(C) IN NO EVENT SHALL ZIPRECRUITER, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS,\nSUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN\nAN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ZIPRECRUITER IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT\nGAVE RISE TO THE CLAIM OR USD $10, WHICHEVER IS LESSER.\n(D) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT\nLIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF ZIPRECRUITER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH\nDAMAGE.\n15. AGREEMENT TO ARBITRATE \nTOP\nThis Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against\nZipRecruiter to binding and final arbitration to the extent that the laws of the jurisdiction where you reside permit the inclusion of\nArbitration provision in these Terms of Use. You will only be permitted to pursue claims against ZipRecruiter on an individual basis, not as\na plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including\nmonetary, injunctive, and declaratory relief) on an individual basis.\nIf you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 15 is enforceable, the following mandatory\narbitration provisions apply to you:\nA. Binding Arbitration\nThis Section 15 is referred to in this Agreement as the \"Agreement to Arbitrate\". Unless you opt-out pursuant to the opt-out procedures set forth\nbelow, you agree that any and all disputes or claims that have arisen or may arise between you and ZipRecruiter or its affiliates, whether relating to\nthe Services, this Agreement (including any alleged breach thereof), or otherwise (each a \"Dispute\"), shall be resolved exclusively through final\nand binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral\narbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN\nCOURT AND HAVE A JURY TRIAL.\n\nA party who intends to seek arbitration must first send a written notice of the dispute to the other party (“Notice”), by certified mail or Federal\nExpress (signature required) or, in the event that we do not have a physical address on file for you, by electronic mail. ZipRecruiter’s address for\nNotice is: ZipRecruiter, Inc., Attention: Legal Department, 604 Arizona Ave., Santa Monica, CA 90401.\nThe Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. We agree to use good faith\nefforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or ZipRecruiter\nmay commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or ZipRecruiter shall not be\ndisclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.\nAdditional Requirements Applicable to Users in the United States or any other Jurisdiction not Expressly Identified Herein: The arbitration\nshall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (\"AAA\"), including the AAA's\nSupplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and\narbitration rules that may be mutually agreed upon by you and ZipRecruiter. Your arbitration fees and your share of arbitrator compensation shall be\ngoverned by such rules. Any arbitration hearings will take place at a location to be agreed upon in Los Angeles, California, provided that if the claim\nis for $10,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator;\n(b) submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA\nRules in the county (or parish) of your billing address. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator\nfails to do so. Except as otherwise provided in this Agreement, you and ZipRecruiter may litigate in court to compel arbitration, stay proceeding\npending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration\nproceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.\nAdditional Requirements Applicable to Users in Canada: Disputes shall be referred to ADR Institute of Canada (\"ADRIC\"), including the ADRIC’s\nArbitration Rules, available at: http://adric.ca/, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed\nupon by you and ZipRecruiter. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may\nbe conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may\nbe challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and ZipRecruiter may litigate in court to compel\narbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects\nof the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.\nAdditional Requirements Applicable to Users in Australia: Any dispute, controversy or claim arising out of, relating to or in connection with this\ncontract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA\nArbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall\nbe one. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in\nthis Agreement, you and ZipRecruiter may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate\nor enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the\narbitrator, will be strictly confidential for the benefit of all parties.\nB. Restrictions\nYou and ZipRecruiter agree that any arbitration shall be limited to the Dispute between ZipRecruiter and you individually. To the full extent permitted\nby law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to\nutilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf\nof the general public or any other persons.\nC. Exceptions to Informal Negotiations and Arbitration\nYou and ZipRecruiter agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding\narbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or ZipRecruiter intellectual property rights; (2)\nany Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.\nD. 30 Day Right to Opt Out of Arbitration\nYou have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 15 by sending written notice of your decision to\nopt-out to [email protected] or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to\nZipRecruiter within thirty (30) days of your registering to use the Services or agreeing to these terms, whichever occurs first, otherwise you shall be\nbound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound\nby them.\n16. GENERAL\nTOP\nA. Governing Law and Location\nThe Services are controlled and operated by ZipRecruiter from within the United States of America. ZipRecruiter makes no\nrepresentations that the Services or the materials available via the Services, are appropriate or available for use in locations outside of the\nUnited States, Canada, Australia, New Zealand, or India (in accordance with the Applicable Website). Those who choose to access the\nServices from other locations do so on their own initiative and are responsible for compliance with all United States of America, Canadian,\nAustralian, New Zealand, and/or Indian laws (as applicable and in accordance with the Applicable Website) as well as local laws, if and to\nthe extent local laws are applicable.\n\nUnless otherwise required by a mandatory law, this Agreement and any Disputes shall be governed by the internal substantive laws of the State of\nCalifornia, without respect to its conflict of laws principles. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users,\nbut is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Except as otherwise expressly provided\nin this Agreement, all arbitration and other litigation in a court of competent jurisdiction of any dispute between you and ZipRecruiter related to this\nAgreement shall be located in Los Angeles County, California.\nYou may not use the Services if you are a resident of a country embargoed by the United States, Canada, Australia, New Zealand and/or\nIndia, or are a foreign person or entity blocked or denied by the United States, Canadian, Australian, New Zealand, or Indian governments.\nB. Assignment\nThis Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without\nthe prior written consent of the General Counsel of ZipRecruiter or his/her designee. ZipRecruiter can assign this Agreement or delegate its\nobligations without restriction other than as required under applicable law.\nC. Relationship of the Parties\nNothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other.\nNeither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any\nkind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.\nExcept as set out in this Agreement, only you and ZipRecruiter may enforce this Agreement as this contract is between you and ZipRecruiter; no\nother party shall be entitled to enforce the terms of this Agreement.\nD. Notification Procedures\nZipRecruiter may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to\nyou via email notice, written or hard copy notice, or through conspicuous posting of such notice on our websites, as determined by ZipRecruiter in\nits sole discretion. ZipRecruiter reserves the right to determine the form and means of providing notifications to Users, provided that you may opt\nout of certain means of notification as described in this Agreement. ZipRecruiter is not responsible for any automatic filtering you or your network\nprovider may apply to email notifications we send to the email address you provide us. We recommend that you\nadd [email protected] to your email address book to help ensure you receive email notifications from us.\nUnder California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint\nAssistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North\nMarket Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.\nE. Entire Agreement\nThis Agreement, together with any (1) written agreement bearing a signature by an authorized ZipRecruiter representative (sales representatives\nare not authorized ZipRecruiter representatives for these purposes) and (2) formal document titled \"Quote\" sent by ZipRecruiter to you, which is\naccepted by you (email communications between you and ZipRecruiter are not considered Quotes) shall constitute the entire agreement and\nunderstanding between you and ZipRecruiter concerning the Services. No other contrary statement, promise, or representation made or given by or\non behalf of ZipRecruiter shall have any force or effect, and you acknowledge and agree that you have not relied upon any statement, promise, or\nrepresentation made or given by or behalf of ZipRecruiter, which is not set out in this Agreement, or any document expressly referred to herein.\nF. Compliance with Laws\nYou agree to comply with all applicable laws, regulations and ordinances in the use of the Services and the conduct of your activities.\nG. Confidentiality\nPursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the\ngeneral public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, salary data and Salary\nData Displays, and guidelines and documentation relating to the Services (\"Confidential Information\"). You agree that: (a) all Confidential\nInformation will remain the exclusive property of ZipRecruiter; (b) you will use Confidential Information only as is necessary for your use of the\nServices and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all\nreasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You\nfurther agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the\nServices or any other non-public area of the ZipRecruiter websites.\nH. Equitable Relief\nYou acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause ZipRecruiter irreparable\ndamage, for which the award of damages would not be adequate compensation. Consequently, ZipRecruiter may institute an action to enjoin you\nfrom any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, ZipRecruiter may seek the entry\nof an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in\nequity.\nI. No Publicity\n\nYou shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media,\nconcerning the existence of this Agreement or the subject matter hereof, or the relationship with us without the prior written approval of our legal\ndepartment. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the\nmedia or other third parties, concerning this Agreement, the Services, and/or ZipRecruiter, to our legal department\nat: [email protected].\nJ. Electronic Contracting\nYour use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR\nELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE\nBOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY ZIPRECRUITER\nWEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.\nK. Miscellaneous\nAny waiver of any provision of this Agreement will be effective only if in writing and signed by ZipRecruiter. No failure by ZipRecruiter to exercise, or\nto delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by\nZipRecruiter preclude any other or future exercise of that right or any other right hereunder by ZipRecruiter. If any provision of this Agreement is\nheld invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and\nsuch invalid provision shall be deemed to be severed from this Agreement.\nZIPRECRUITER, ZIP ALERTS, QUICKRATE, TRAFFICBOOST, ZIPRECRUITER.COM, ZIPRESUME, JOBBOARD.IO, JOBBOARD.IO BOOST, the suitcase\nlogo, and the chair logo are trademarks or registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices\naround the world. All intellectual property is owned by ZipRecruiter, or its licensors, and is protected by U.S. and international trademark laws\nand/or other proprietary rights and laws.\nL. Export Compliance\nIn connection with your receipt of services under this Agreement (the “Subject Services”), you agree to comply with applicable (i) U.S.\nGovernment export laws, regulations and requirements, including those administered by the U.S. Commerce Department’s Bureau of Industry and\nSecurity (BIS) and the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and (ii) export laws, regulations, and requirements in\nother countries, including in the jurisdiction in which you are located (if you are located outside the United States) (collectively, “Export Laws”).\nYou further certify that you will not, in connection with the Subject Services, export, re-export or transfer any software that may be subject to such\nExport Laws to any location, or to any end-user, or for any end-use, without first obtaining any export license, permit or other approval that may be\nrequired from the U.S. Government or other applicable jurisdiction. Without limiting the foregoing, you specifically agree that you will not, in\nconnection with the Subject Services, export, re-export or transfer any software subject to Export laws (1) to any sanctioned country under U.S.\nexport control laws, including Cuba, Iran, North Korea, Syria and the Crimea Region of Ukraine; (2) to any individual or entity listed on a denied\nparty list maintained by the U.S. Government, including those administered by BIS and OFAC, or any other applicable government list in your\njurisdiction; (3) to any Military End User as defined by BIS; and (4) for any end-use restricted by the U.S. Government or other applicable\njurisdiction, including military end-uses and end-uses related to the development, production or use of nuclear, chemical or biological weapons or\nmissiles.\nSpecific Terms of Service \ntop\nIf you are located in the EEA, Switzerland, or United Kingdom\nThese Specific Terms of Service apply to the following websites: www.ziprecruiter.co.uk, www.ziprecruiter.de, www.ziprecruiter.ie, and\nwww.ziprecruiter-investors.com. These Specific Terms of Service form a legally binding agreement between you and us. Please take the time to\nread them carefully. By using our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to\nthese Terms of Service, you must not use our Website. You understand and agree that we will treat your use of the Services as acceptance of the\nTerms from that point onwards. You should print or save a local copy of these Terms of Service for your records.\nSECTION 14 OF THIS AGREEMENT INCLUDES A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT\nANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN\nCOURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO\nPROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF\nYOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.\nA Specific Terms of Service may supplement this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific\nTerms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable product, function or\nservice. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.\nIf you are using the Services as a Job Seeker, please review the terms of Section 7 carefully. If you are using the Services as a Client,\nplease review the terms of Section 8 carefully.\nClick Here to read more about the types of users of our Services\n1. USE OF THE SERVICES \nTOP\n\nBy using the Services in the Territory, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of\ncontent provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job\nSeekers or Clients.\nA. Eligibility\nYou must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services, so that you can\nform a binding contract with ZipRecruiter. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the\njurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may\nnot use the Services if your use of the Services has been previously terminated or suspended by ZipRecruiter, unless we have provided you with\nspecific prior written authorization to re-use the Services.\nB. Contact with You by Telephone\nWhen using specific Services, we may ask for your consent to contact you by telephone. By granting such consent, you authorize ZipRecruiter to\ncontact you by telephone at the number(s) you have provided (to the extent permitted by the laws of the jurisdiction where you reside).\nYou may revoke consent to be contacted by telephone by emailing [email protected], [email protected], or\[email protected] (as applicable) and including the wording \"Revocation of Telephone Consent\" in the subject line.\nYou agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for\npurposes of training our employees and for our own protection (to the extent permitted by the laws of the jurisdiction where you reside). You\nacknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls\nwill be retained or are capable of being retrieved.\nC. Contact with You by Email\nBy providing ZipRecruiter your email address, you acknowledge that we will use the email address to send you Service-related and other non-\ncommercial notices, including any notices required by law, in lieu of communication by postal mail. Where you provide valid consent, we may also\nuse your email address to send you other messages, such as changes to features of the Service and special offers (to the extent permitted by the\nlaws of the jurisdiction where you reside).\nIf you have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt-out. If\nyou do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences in your Account\npage or by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing:\[email protected], [email protected], or [email protected] (as applicable). Please note that opting out may prevent you from\nreceiving email messages regarding updates, improvements, or offers.\nPlease note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of service-related communications,\nincluding those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you\ndeactivate your account and stop using our Services.\nD. User Accounts\nThe information in this section applies to all User accounts. If you sign up and/or create an account with ZipRecruiter (in accordance with Section\n7C or Section 8 below), you may control your profile information and how you interact with the Services by changing the settings in your Settings\npage. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide\naccurate and complete information. You are solely responsible for the activity that occurs under your account.. You are expected to use \"strong\"\npasswords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.\nYou must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your\npassword or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other\nperson with access to the Services using your username, password, or other security information. You agree to notify us immediately of any\nunauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be\ntotally responsible for all activities that occur under your account. You also agree to ensure that you logout from your account at the end of each\nsession. You are responsible for any password misuse or any unauthorized access.\nWe reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether\nchosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.\nBy connecting to the Services using a third-party service, you give us permission to access and use your information from that service as permitted\nby that service, and to store your log-in credentials for that service. For example, if you access the Services through a social networking site, you\nagree that ZipRecruiter can access, store, and make available on the Services, any information and data that you provide in your applicable social\nnetworking site account such that the same information is available in your ZipRecruiter account. You agree that we are not liable for any personal\ndata that is made available to us in violation of your privacy settings with the applicable social networking site.\nZipRecruiter may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to\nyou, if we believe that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue\nto survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination\nor suspension of your access to the Services or your account, or the deletion of information contained within such account.\n\nE. General Rules for Use of Services\nYou agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium,\nincluding without limitation by any automated or non-automated \"scraping\"; (ii) using any automated system, including without limitation \"robots,\"\n\"spiders,\" \"offline readers,\" etc., to access the Services in a manner that sends more request messages to the ZipRecruiter servers than a human\ncan reasonably produce in the same period of time by using a conventional on-line web browser (except that ZipRecruiter grants the operators of\npublic search engines revocable permission to use spiders to copy materials from ZipRecruiter.com for the sole purpose of, and solely to the extent\nnecessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam,\nchain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any\ntransmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable\nor disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services;\n(vii) collecting or harvesting any Personal Data from the Services, except as expressly permitted by certain features of the Services; (viii) using the\nServices for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or\nentity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any\ncontent on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we\nmay use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or\nenforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or\ndecompiling any parts of the Services; (xv) framing or linking to any information or content on the Services; (xvi) post or submit any inaccurate,\nincomplete, or false biographical information or another person’s information; or (xvi) post or submit any material that is unlawful, illegal,\ndefamatory, offensive, discriminatory, threatening, or obscene as determined by ZipRecruiter.\nWe may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for\nthe Services (for paid products and services). We may permanently or temporarily limit, condition, terminate or suspend your access to the\nServices or any features thereof, without notice and liability for any reason, including if in our sole determination you breach or violate any provision\nof this Agreement, commit fraud or other abuse using the Services, or for no reason. Upon termination for any reason or no reason, you continue to\nbe bound by this Agreement.\nYou are solely responsible for your interactions with other ZipRecruiter Users. We reserve the right, but have no obligation, to monitor disputes\nbetween you and other Users. ZipRecruiter shall have no liability for your interactions with other Users, or for any User's action or inaction.\nZipRecruiter shall have no obligation to you to enforce this Agreement against any other User.\n2. USER CONTENT AND USERS \nTOP\nA. Posting or Viewing User Content\nThe Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job\nAdvertisements, screening requirements, screening questions, screening criteria, company information, a job seeker’s application information,\ncontent of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information (\"User Content\").\nUser Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content\nand the consequences of posting, providing or publishing it.\nB. Prohibited Types of User Content\nThe following list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list: You agree not to\npost or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal\nactivities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material\nthat is illegal or offensive, or targets or solicits Personal Data from, anyone under the age of 18; (v) contains any information or content that we\ndeem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights,\nharassing, humiliating to other people (publicly or otherwise, including the promotion of sexually explicit materials, violence or discrimination based\non race, sex, religion, nationality, disability, sexual orientation or age), libelous, threatening, profane, or otherwise objectionable; (vi) contains any\ninformation or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's\ntrade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or\nfiduciary relationships; (viii) contains any information or content that is false, misleading, or otherwise deceptive; or (ix) violates the Intellectual\nProperty Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, \"Intellectual Property Rights\" means\npatent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade\nsecret rights and any other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and\nregistrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or\nsubmitting Job Advertisements, you further agree that such content will not contain any Personal Data.\nC. No Warranties or Obligations\nZipRecruiter makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including,\nwithout limitation, the content of messages, Job Advertisements and resumés. You agree that ZipRecruiter acts as a passive conduit for the\ndistribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, reliability,\ntruthfulness, or completeness of User Content, and accordingly, you accept that ZipRecruiter is not responsible and has no liability, for User\nContent. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes\n\nspam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or\nreliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and content of messages. Your reliance on any User\nContent is at your own risk.\nNotwithstanding the foregoing, although ZipRecruiter has no obligation to screen User Content, to the extent that ZipRecruiter becomes or is made\naware of, User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with ZipRecruiter, or (ii) violate\nany law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for ZipRecruiter or otherwise negatively impact ZipRecruiter,\nZipRecruiter reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such\nUser Content.\nD. User Content and ZipRecruiter as an Online Service Provider\nZipRecruiter operates as an online service provider and provides or makes available access to third-party user generated content. The decision by\nZipRecruiter to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content.\nTo the fullest extent permitted by applicable law, ZipRecruiter shall not be held liable on account of any action voluntarily taken in good faith to\nrestrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing,\nor otherwise objectionable.\nE. User Interactions and Assumption of Risk\nYou acknowledge and agree that ZipRecruiter does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible\nfor authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with\nother Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with\nwhom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User\nand you release ZipRecruiter, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every\nkind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest\nextent permitted by law.\nF. Content Disclosure\nZipRecruiter reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in\nconnection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal\nobligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of\nZipRecruiter where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming\nthat any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their\nintellectual property or ownership rights, or of their right to privacy.\n3. USER CONTENT LICENSE GRANT \nTOP\nBy posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to\ngrant, to ZipRecruiter, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide\nlicense to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise\nexploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the\npurposes of posting such User Content on the ZipRecruiter websites, distributing such User Content through the ZipRecruiter distribution and\npublishing network and in job alerts to job seekers, and to promote ZipRecruiter and the Services. This license continues even if you stop using the\nServices.\nIf you are a Client, you acknowledge and agree that ZipRecruiter has no obligation, and may be unable, to remove your Job Advertisements and\nother content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the ZipRecruiter distribution and\npublisher network, (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, or (iv) incorporated into\nfixed media displays of ZipRecruiter or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and\nirrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the\nforegoing license also extends to the use by ZipRecruiter to identify you as a User of the Services in any promotional and marketing materials to\npromote ZipRecruiter and the Services. Further, to the extent you have given ZipRecruiter the right to access certain User Content that is present\non another website or service you own or control, you give ZipRecruiter the right to scrape such website as required to retrieve such User Content\nfor use on the Services as contemplated in the license grants above.\nYou represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that\nyou submit, provide, make available or post, via the Services, that the use by ZipRecruiter of your User Content will not violate any law or infringe\nthe rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and\naccurate.\n4. MOBILE SOFTWARE \nTOP\nWe may make available software to access the Services via a mobile or tablet device (\"Mobile Software\"). To use the Mobile Software, you must\nhave a mobile device that is compatible with the Mobile Service. ZipRecruiter does not warrant that the Mobile Software will be compatible with\nyour mobile device. ZipRecruiter hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile\nSoftware for one ZipRecruiter account on mobile devices owned or leased solely by you, for your personal use. You may not : (i) modify,\n\ndisassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent,\nlease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time\nsharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise\ninterfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through\nthe Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights\nnotices on the Mobile Software. You acknowledge that ZipRecruiter may from time to time issue upgraded versions of the Mobile Software, and may\nautomatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic\nupgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code\nthat may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of\nsuch code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and ZipRecruiter or its third-party partners or\nsuppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or\nobligations hereunder, except as expressly provided for in this Agreement, is void. ZipRecruiter reserves all rights not expressly granted under this\nAgreement. You further agree to comply with all applicable laws related to use of the Mobile Software and the Services.\nClick here to see the additional terms applicable to Mobile Software from Apple App Store\nClick here to see the additional terms applicable to Mobile Software from Google Play\n5. OUR PROPRIETARY RIGHTS \nTOP\nAs between you and ZipRecruiter, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text,\ngraphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, \"ZipRecruiter\nContent\"), and all Intellectual Property Rights related thereto, are the exclusive property of ZipRecruiter. Except as explicitly provided herein,\nnothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license,\nrent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any\nmaterials or content accessible on the Services. Use of the ZipRecruiter Content or materials on the Services for any purpose not expressly\npermitted by this Agreement is strictly prohibited.\nIf you participate in any evaluation regarding the Services or otherwise provide ZipRecruiter suggestions, comments, ideas, opinions,\nrecommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services\n(collectively, \"Feedback\"), you agree that ZipRecruiter shall own such Feedback. Accordingly, you understand and accept that ZipRecruiter will be\nfree to use, disclose, reproduce, license or otherwise distribute, commercialize and exploit the Feedback as it sees fit, entirely without obligation or\nrestriction of any kind and without compensation to you. To the extent applicable, you hereby waive any moral rights in your Feedback. You agree\nnot to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.\n6. PAID SERVICES FOR CLIENTS \nTOP\nEXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND ZIPRECRUITER, THE FOLLOWING TERMS WILL APPLY\nTO CLIENTS USING PAID SERVICES.\nA. Billing Policies\nCertain aspects of the Services may be provided for a fee. If you are a Client and elect to use a paid feature of the Services, you agree to the pricing\nand payment terms for the applicable Services, as we may update them from time to time. ZipRecruiter may (1) add new services and products for\nadditional fees and charges, at any time in its sole discretion, or (2) amend fees and charges for existing services, at any time in its sole discretion\nupon notice.\nWe may also provide certain products or services via our third-party partners and you agree that your use of such third-party products or services\nis subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that\nZipRecruiter has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for\npaid services shall become effective in the billing cycle following notice of such change to you.\nIf you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice and submit written notice of your dispute\n(with sufficient detail of the nature of the dispute, the amount and invoices in dispute and information necessary to identify the affected Service(s))\nfor the disputed amount.\nThe following provision is excluded insofar as German law is applicable: All disputes must be submitted to ZipRecruiter in writing within thirty (30)\ndays from the date of the invoice with respect to which you have a dispute. You waive the right to dispute any charges not disputed within such\nthirty (30) day period.\nIn the event that the dispute is resolved against you, you shall pay such amounts plus interest at the rate referenced in Section 6(C) below.\nB. No Refunds for Paid Services\nYou understand and accept that, to the fullest extent available under applicable law, you will not receive a refund of any pre-paid fees if you cancel,\nterminate, or decide to no longer use of the paid service, prior to the expiration of those services (for example, if you hire a candidate prior to the\nexpiration of your job posting). In the event that ZipRecruiter suspends, limits, conditions, or terminates your access to the Services and/or your\n\naccount due to your breach of this Agreement or any other agreement that you have with ZipRecruiter, you understand and accept that you will not\nreceive a refund for any unused time with respect to fees that you have pre-paid for a product or service, and to the extent that you have not paid\nthe applicable fees, you will remain liable to pay ZipRecruiter the entire fees due for the product or service, as applicable.\nC. Payment Information; Taxes; Delinquent Payments\nAll information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges\nincurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect\nwhen such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time ZipRecruiter is required by a\ntaxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest,\nif any) to ZipRecruiter upon written notice.\nIf you elect to enhance your job posting with certain upgrades, we will invoice you for such upgrades and/or charge your credit or debit card (or\nother payment method) accordingly.\nDelinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the\npayment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by ZipRecruiter\nin collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any\nfees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of\nany such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit\ncard on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue\ncharges even if you don’t use the subscribed Services.\nD. Credit and Debit Cards\nIn the event that you pay for any Services using a credit card or debit card, you authorize ZipRecruiter to charge your credit or debit card (or other\nacceptable payment method that you have chosen from those offered) (\"Payment Method\"), for the applicable fees for the duration of the\napplicable term of your selected subscription plan or other paid service or product, together with any applicable VAT, sales, use, excise,\nconsumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s\nbehalf, and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you\nagree that ZipRecruiter may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full\npayment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree\nthat applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies,\nand/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for\nproviding the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement\nauthorities and in response to subpoenas, court orders, and search warrants.\nE. Suspension or Termination\n(i) Suspension or Termination for Cause. ZipRecruiter may suspend or terminate your access to the Services and/or this Agreement in the following\ninstances: (I) if you breach this Agreement and cannot correct the breach within that period required by ZipRecruiter if the breach is capable of\ncure; (II) immediately, if you fail to pay any monies owed to ZipRecruiter for paid services; (III) immediately if you become the subject of a\nbankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (IV) immediately in the event of\nviolations of this Agreement; (V) for any abuse, inappropriate behavior, or other conduct, which in our sole discretion adversely affects or has the\npotential to affect us, our employees or users of our Services; (VI) immediately if you send excessive, disruptive, deceptive, or abusive\ncommunications to another User by mail, email, text, phone, or other mode of communication (as may be determined in ZipRecruiter’s sole\ndiscretion), regardless if such communication takes place on or off the Services; (VII) immediately if you in any way disclose, transfer, or sell any\nData (defined below) within a User’s resume/CV or profile to a third party, except as expressly permitted by this Agreement; and/or (VIII)\nimmediately, if you charge, or attempt to charge, a Job Seeker any money to review or otherwise proceed with the hiring process after such Job\nSeeker submits a Job Application on the Services. In the event of any suspension of your access to the Services and/or termination of this\nAgreement or any other agreement you have with ZipRecruiter (other than a termination for convenience by ZipRecruiter), you remain responsible\nfor the entire amount of the fees (pre-paid and/or due), for the applicable Services, and you will not receive a refund of any prepaid fees.\nZipRecruiter may also suspend your access to the Services without penalty and without notice, in the event of a suspected violation of this\nAgreement. In the event your access to the Services is terminated for cause in accordance with clauses (V), (VI), (VII), (VIII) above, you shall further\nbe prohibited from signing up for or using any other User account, free trial, or paid service on the Services.\n(ii) Suspension or Termination for Convenience. ZipRecruiter can terminate your access to the Services and/or this Agreement for convenience via\nemail notification to you and, in the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to Services that will\nnot be provided as a result of the termination.\n(iii) Your Termination Rights. You may terminate this Agreement if ZipRecruiter materially breaches this Agreement and does not cure the breach\nwithin ten (10) days after receipt of written notice from you, which notice must be emailed to: [email protected]. Pre-paid fees are\nnon-refundable, except in the case of an uncured material breach by ZipRecruiter (and in the absence of any contributory act and/or omission to\nact by you), in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of\nthe applicable term of your then-current Subscription Plan.\n7. ADDITIONAL TERMS THAT APPLY TO JOB SEEKERS \nTOP\n\nAs a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs (\"Job Applications\"), and (iii) sign up to receive job alert emails\nor text messages, where such features are available to you(\"Job Alerts\"). For purposes of this Agreement, references to \"resume\" or \"CV\" shall\nalso mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience\nand qualifications.\nIf you have signed up for Job Alerts, you agree that we may use the information you provide to send you information about Job Advertisements that\nmay be of interest to you.\nTo the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where\nyou have applied to a Job Advertisement on a ZipRecruiter website), you give us a non-exclusive, royalty-free, worldwide license (and right to sub-\nlicense), of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or\notherwise use such resume/CV and additional information as we reasonably require to provide the Services.\nA. Job Applications in General\nBy applying to a Job Advertisement on the Services, you agree to our to storing your information on the Services and to share your information\n(including your resume/CV), with the entity that posted the Job Advertisement.\nYou can choose how to submit your Job Application using the options offered through the Services. If you elect to apply through a third-party\naccount such as Facebook or LinkedIn.com, you will be asked to log-in to the applicable account, and the profile, resume and other information that\nyou have provided as part of any of those accounts will then be provided to the entity that posted the applicable Job Advertisement.\nOnce you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Advertisement.\nYou should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable\nsharing.\nIf you ask ZipRecruiter to submit a message to any employer or third party or if you apply for a job using the Services, you accept that ZipRecruiter\ndoes not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of\ndata will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you\nrequire alternate screener questions or an alternate application process, you must contact the applicable entity directly.\nB. Applying to Job Advertisements on a ZipRecruiter Website\nWhen you apply to a Job Advertisement on a ZipRecruiter website or through the app, we will send the resume associated with your account (to the\nextent an account was created as described in Section 7.C. below).\nIf you have manually logged out of your account or if you have been automatically logged out of your account because of inaction or some other\nreason, we will ask you to input your email so we can verify your identity before we send the resume associated with your account. Once you\nreceive the verification email and confirm your identity by following the instructions in the email, we will send out the resume associated with your\naccount.\nIMPORTANT: It is your responsibility to ensure that the resume associated with your account is always updated, current and accurate before you\napply to a Job Advertisement so an employer receives the most up-to-date information about you. In order to delete old resumes, edit your resume,\nor upload a new resume, please go to the Profile settings in your User account.\nC. Account Creation\nYou can manually create a ZipRecruiter job seeker account, by visiting www.ziprecruiter.co.uk, www.ziprecruiter.de, or [email protected],\nclicking “Create Your Profile”, and entering your Personal Data to create the account. When an account is created, you will be able to update your\nprofile to include additional information and professional qualifications.\nIf you do not wish to have a ZipRecruiter account, please go to your account settings and close your account.\nD. Job Alerts\nYou can sign up to receive job alerts by email. You can edit or change the type of job alerts want to receive by accessing the Job Alerts tab in your\nUser account. You may opt out of job alerts at any time by clicking on the unsubscribe link in your job alert email. You can also contact our\nCustomer Service team at [email protected], [email protected], or [email protected] (as applicable), if you need assistance.\nE. Interactions with Other Users; Scams; Confidentiality\nYou are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to,\nthe risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should\ntherefore use caution with regard to the information you elect to share as part of your User Profile or Job Application or resume/CV that. Only list\nthe contact information that you are comfortable disclosing to Clients and other Users of the Services.\nIn addition to carefully reviewing this section and Section 2 above, you should conduct your own due diligence on potential employers and Job\nAdvertisements that may be of interest to you. As mentioned in Section 2, ZipRecruiter does not authenticate Users or guarantee that a Job\nAdvertisement is suitable, legitimate or real.\nClick here to read more about what you can do to help understand and protect yourself from scams\n\nAdditionally, although ZipRecruiter requests that companies maintain the confidentiality of the Job Applications and resumes/CVs they receive\nthrough the Services, ZipRecruiter cannot and does not guarantee that the information you provide will be held in confidence or properly secured\nby the applicable recipient.\n8. ADDITIONAL TERMS THAT APPLY TO PROVIDERS OF JOB ADVERTISEMENTS \nTOP\nAs a Client, you can use the Services to (i) search for prospective employees or candidates, (ii) view resumes, profiles, or curriculum vitae, and/or\n(iii) post and/or distribute Job Advertisements on behalf of yourself and/or a third party.\nA. Content Rules\nWith respect to all Job Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a\nthird party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of Job Advertisements (whether\nowned by you or your clients), will comply with advertising standards and applicable laws, including, but not limited to, employment and privacy\nlaws, in your jurisdiction and the jurisdictions in which the vacancies are located; (ii) you have the necessary rights to permit the publication and use\nof Job Advertisements by ZipRecruiter pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job Advertisements\nwill not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other\nproprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Job Advertisements shall comply with the\nthen-current versions of this Agreement and Job Posting Rules (referenced below); and (v), you have the authority to grant permission to\nZipRecruiter to wrap or collect Job Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not\ncause ZipRecruiter to violate the rights of any third party. You acknowledge and agree that you are solely responsible for any liability arising out of\npublication of Job Advertisements or material to which users can link though such Job Advertisements. You hereby indemnify and hold ZipRecruiter\nand its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages,\nlosses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Advertisements provided by you or any\nother content provided by you, or your breach of this Agreement.\nYou agree not to post or promote any Job Advertisements that: (i) contain inaccurate, false, or misleading information; (ii) contain \"hidden\"\nkeywords or keywords that are irrelevant to the job opportunity being presented; (iii) sell, promote or advertise products or services; (iv) endorse a\nparticular political party, political agenda, or political position or promote a particular religion; (v) advertise job openings located in countries\nsubject to economic sanctions of the European Union, except where permitted by applicable law; (vi) require the applicant to provide information\nrelating to his/her (a) racial or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e) physical or mental health,\n(f) sexual life, (g) the commission of criminal offences or proceedings, or (h) age; (vii) contain content or links to content that exploit people in a\nsexual, violent or other manner, or solicits personal information from anyone under the age of 13; (viii) includes any screening requirement or\ncriteria where such requirement or criteria is not a bona fide occupational requirement for the role; (ix) involves any franchise, pyramid scheme,\n\"club membership\", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents;\n(x)requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; (xi) contain content that violates applicable\nlaws; (xii) pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product\nor service that the Job Seeker would be selling, in which case such Job Advertisements are permissible); (xiii) requires citizenship or lawful\npermanent residence in a country unless that is required in order to comply with law, regulation, or a federal, state or local government contract;\n(xiv) contain links to any site competitive with ZipRecruiter other than to an actual job posting; or (xv) do not otherwise comply with the then-\ncurrent Job Posting Rules (currently available at https://www.ziprecruiter.global/en/job-rules and https://www.ziprecruiter.de/regeln-fur-die-\nstellenausschreibung (as applicable) (collectively, \"Job Posting Rules\").\nAdditionally, Job Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to,\nthose relating to labor and employment, and anti-discrimination (or the equivalent in the country that the Job Advertisements are made available,\nposted or distributed).\nREPORTING VIOLATIONS OF THE CONTENT RULES: If you believe that any content on our Websites, violate the Content Rules, please contact us\nat [email protected] and state the following in the subject-line of your email: Violation of Content Rules. For content that allegedly\nviolates your copyright, please see Section 10 below.\nB. Publication and Distribution of Job Advertisements\nBy submitting Job Advertisements to ZipRecruiter, you agree that ZipRecruiter is under no obligation to accept, publish, or distribute your Job\nAdvertisements. ZipRecruiter may require some Job Advertisements and/or Clients to be reviewed and/or verified to prevent fraud or abuse of the\nServices, improve our Services, or for any other reason in ZipRecruiter’s sole discretion. In addition, ZipRecruiter may publicly disclose the number\nof Job Advertisements that you have posted during any time period of measurement.\nZipRecruiter will make reasonable efforts to distribute Job Advertisements to third-party services, publishers, job boards and/or other entities in our\ndistribution network, or in job alert emails and texts (where a Job Seeker has opted-in to receive such alerts) (collectively, \"Distribution\nChannels\"); provided, however, that ZipRecruiter has sole discretion in determining which Distribution Channels the Job Advertisements may be\nplaced. However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore\nwe provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by\nan entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that entities in the Distribution Channels have no\nobligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason, whether you are on a paid job\nSubscription Plan, or a trial or free subscription, and even if you have paid for a \"Premium Post\". You agree that ZipRecruiter is not liable to you or\n\nany third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or\ndistributed. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on\nZipRecruiter websites.\nWe do not guarantee any responses, or the number of responses, to your Job Advertisements, including, without limitation, views, clicks, or\napplications, or that any responses will be from individuals suitable for the job vacancy you advertised. We make no guarantee as to the quality of\ncandidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and\nreference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution\nChannels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their\nservices, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.\nC. Authorized Users\nYou are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account and you will limit\naccess to the number of users that are allowed under your account to those permitted under your selected Subscription Plan (each,\nan \"Authorized User\"). Additionally, you agree that: (i) log-in credentials and account information will not be shared with third parties; (ii) you will\nnot sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or\nentity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other\nSpecific Terms of Service or other agreement that you have with ZipRecruiter; (v) you will immediately notify ZipRecruiter of any suspected or\nalleged violation of this Agreement, including any unauthorized use of any password or account information, or any other known or suspected\nbreach of security; and (vi) you will cooperate with ZipRecruiter with respect to investigation of any suspected or alleged violation of this\nAgreement and any action by ZipRecruiter to enforce this Agreement.\nZipRecruiter may suspend, limit, condition, or terminate an Authorized User's access to the Services or any features thereof, in the event that\nZipRecruiter reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.\nD. Removal of Advertisements; Enforcement; Termination\nYou acknowledge and agree that ZipRecruiter may, with no liability or penalty, remove any Job Advertisement or other content, communication or\ninformation posted, which in the sole judgment of ZipRecruiter, violates or may violate this Agreement, applicable laws, rules or regulations, or third\nparty terms; or may adversely affect ZipRecruiter; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral,\noffensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms\nor threatens the safety and privacy of any third party.\nWe also have the right to:\nRemove or refuse to post any User Content for any or no reason in our sole discretion.\nTake any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that\nsuch User Content violates the Terms of Use, including the Content Rules, infringes any intellectual property right or other right of any person\nor entity, threatens the personal safety of users of the Website or the public, or could create liability for us\nDisclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including\ntheir intellectual property rights or their right to privacy\nTake legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services.\nTerminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms\nof Use.\nWithout limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to\ndisclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE\nCOMPANY AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIMS RESULTING FROM\nANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ALL SUCH\nPARTIES OR LAW ENFORCEMENT AUTHORITIES.\nE. Use of Data\nYou agree that you shall not use any resume/CV or its contents to market or sell products or services to the data subjects whose resumes/CV you\nhave been sent through the use of the Services. ZipRecruiter reserves the right to suspend or terminate your access to the Services or terminate\nthis Agreement in the event of any non-compliance with this Agreement or any other agreement you have with ZipRecruiter. You shall remain\nprimarily responsible for ensuring that Authorized Users comply with the terms of this Agreement. You accept that ZipRecruiter does not verify\nwhether any telephone number contained within a resume/CV is a landline or a cell phone number, and it is your responsibility to ensure that any\ncommunication with the data subject of the resume/CV is in compliance with applicable laws related to telephone calls, automated dialing, SMS,\nspam, fax, and unsolicited communications.\nYou represent, warrant and promise that: (i) you will use the personal data contained within any resumes/CVs obtained or accessed through the\nServices (collectively, \"Data\"), in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose\nany Data to a third party, unless you are an authorized recruitment agency, staffing agency, or job advertising agency acting on behalf of a client,\nand you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate employment purposes; (iii) you will implement\nappropriate physical, technical, and administrative measures to protect Data from loss, misuse, unauthorized access, disclosure, alteration or\ndestruction, and you will notify ZipRecruiter immediately in the event of any suspected or actual unauthorized access or disclosure of resumes/CVs;\n\n(iv) Authorized Users shall not share login credentials with any other party; (v) you will not use the contact information from resumes/CVs to send\nunsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to\ncontact or source job seekers for careers fairs and business opportunities; and (vi) you will respect the privacy choices of Job Seekers.\nZipRecruiter makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation,\nresumes/CVs. You accept that ZipRecruiter acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs,\nverify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your\nresponsibility to conduct due diligence as regards the individual job seeker-subject of each resume/CV. We do not guarantee any response or the\nnumber of responses to your Job Advertisements or that any responses will be from individuals suitable for the job vacancy you advertised. It is\nyour responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements\nhave the required qualifications to meet your requirements.\nReferences to \"resume\" or \"CV\" as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written\noverviews or assessments of a person's experience and qualifications.\nF. Job Seekers\nZipRecruiter may inform Job Seekers that you have taken an action with respect to a resume/CV or a Job Application. You agree to deal fairly and\nprofessionally with individuals who may respond to your Job Advertisement and agree to indemnify us from and against any claim brought by an\nindividual against ZipRecruiter arising from your breach of this Agreement or any other agreement you have with ZipRecruiter.\nG. Providers of Job Advertisements from the United Kingdom\nYou confirm that the content of all Job Advertisements you submit or provide, shall comply with the Data Protection Act 2018, The Equality Act\n2010, and applicable laws relating to anti-discrimination and the Code of Practice on Employment provided by the Equality and Human Rights\nCommission, which is currently available at: https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice\nIn addition, if you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973), you promise to\ncomply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2004 (the \"Regulations\") and the Employment\nAgencies Act 1973.\nH. Data Protection\nYou agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful\nprocessing of any Personal Data; for the purposes of this Agreement, ‘Personal Data' means any information or pieces of information that could\nidentify you either directly (e.g. your name) or indirectly (e.g. through pseudonymized data, such as a unique ID number). This means that personal\ndata includes things like email/home addresses, usernames, profile pictures, personal preferences, financial information, and health information. It\ncould also include unique numerical identifiers like your computer’s IP address; (b) to protect Personal Data against accidental loss, destruction or\ndamage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard\nto the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the\nharm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable\ndata protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the\napplicable data subjects. You further agree to indemnify, hold harmless, and defend ZipRecruiter at your own expense against all costs, claims,\ndamages or expenses incurred by ZipRecruiter for which we may become liable due to any failure by you or your personnel or agents to comply\nwith any of your obligations under this section and applicable data protection and privacy laws and regulations.\n9. PRIVACY AND SECURITY \nTOP\nPlease refer to our Privacy Policy for information regarding how we collect, process, share and store your Personal Data.\nUnfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized\nthird parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you\nprovide your Personal Data at your own risk.\n10. INFRINGING OR ILLEGAL CONTENT \nTOP\nIf you believe in good faith that any content on the Services is illegal or infringes your or a third party's intellectual property right or you wish to\nmake us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: [email protected]. Any notice\nto us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed\ndescription specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone\nnumber and e-mail address.\n11. THIRD-PARTY LINKS AND SERVICES \nTOP\nThe Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled\nby ZipRecruiter (collectively, \"Third-Party(ies)\"). ZipRecruiter does not endorse or assume any responsibility for any such Third-Party sites,\ninformation, materials, products, or services. If you access a Third-Party website from the Services or use a Third-Party service, you do so at your\n\nown risk, and you understand that this Agreement and the ZipRecruiter Privacy Policy do not apply to your use of such Third-Party sites or services.\nYou expressly relieve ZipRecruiter from any and all liability arising from your use of any Third-Party website, service, or content. Additionally, your\ndealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms\n(such as warranties) are solely between you and such advertisers. You agree that ZipRecruiter shall not be responsible for any loss or damage of\nany sort relating to your dealings with such advertisers.\n12. NO WARRANTY \nTOP\nA. Disclaimer of Warranties\nZipRecruiter will not be liable to you for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful\nmaterial that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or on any\nwebsite linked to it.\nZipRecruiter does not make any representations, warranties or guarantees, whether express or implied, that the content on the Services, including\nUser Content, is accurate, complies with applicable laws, is current and up-to-date, is fit for your particular use, does not infringe any third party’s\nintellectual property rights, or is truthful.\nTo the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or\nany content on it, whether express or implied.\nZipRecruiter is not liable and not responsible for authentication or verification of any Users, including, without limitation, employers, recruiters,\nstaffing agencies, or Job Seekers, or the authentication or verification of the veracity, accuracy, completeness, legitimacy, legality or truthfulness of\nUser Content including, without limitation, Job Advertisements and resumes.\nB. Universal Disclaimer\nZIPRECRUITER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR\nOFFERED BY A USER OR THIRD PARTY TO YOU, AND ZIPRECRUITER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION\nBETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.\nZIPRECRUITER DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL\nOBLIGATIONS OR LAWS OR REGULATIONS.\nNothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the\nrespective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever, including pursuant to the\nContracts (Rights of Third Parties) Act 1999.\n13. LIMITATION OF LIABILITY \nTOP\nIf you are a Job Seeker, acting as a consumer and resident in the European Union or United Kingdom, and ZipRecruiter negligently breaches this\nAgreement, ZipRecruiter is responsible for loss or damage you suffer that is a foreseeable result of a breach by ZipRecruiter of this Agreement or as\na result of the negligent breach of ZipRecruiter. ZipRecruiter is not responsible for any loss or damage that is not foreseeable.\nLoss or damage is foreseeable if they were an obvious consequence of a breach by ZipRecruiter or if they were contemplated by you and\nZipRecruiter at the time you agreed to this Agreement. To the extent permitted by applicable law, we will not be liable for any indirect or\nconsequential damages of any nature whatsoever, arising from your use of the Services. If such clauses are prohibited pursuant to mandatory\nconsumer laws of your country of residence, this limitation of liability will not apply to you.\nYou acknowledge and agree that, subject to the foregoing, ZipRecruiter will not be liable to you for any loss or damage, whether in contract, tort\n(including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:\nuse of, or inability to use, the Services; or\nuse of or reliance on any User Content displayed on the Services or accessed via the Services, including, but not limited to, Job\nAdvertisements, resumes/CVs, content of messages, and other User Content\nIf you are a Job Seeker, acting as a consumer and resident in the European Union, ZipRecruiter does not exclude or limit in any way its liability for:\ndeath or personal injury caused by the negligence of ZipRecruiter\nfraud or fraudulent misrepresentation by ZipRecruiter;\nyour rights as a consumer under applicable law of the country in which you reside; and\nany other liability that cannot be excluded or limited by applicable law\n14. AGREEMENT TO ARBITRATE \nTOP\n\nThis Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against\nZipRecruiter to binding and final arbitration to the extent that the laws of the jurisdiction where you reside permit the inclusion of\nArbitration provision in these Terms of Use. You will only be permitted to pursue claims against ZipRecruiter on an individual basis, not as\na plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including\nmonetary, injunctive, and declaratory relief) on an individual basis.\nIf you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 14 is enforceable, the following mandatory\narbitration provisions apply to you:\nA. Binding Arbitration\nThis Section 14 is referred to in this Agreement as the \"Agreement to Arbitrate\". Unless you opt-out pursuant to the opt-out procedures set forth\nbelow, you agree that any and all disputes or claims that have arisen or may arise between you and ZipRecruiter or its affiliates, whether relating to\nthe Services, this Agreement (including any alleged breach thereof), or otherwise (each a \"Dispute\"), shall be resolved exclusively through final\nand binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral\narbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN\nCOURT AND HAVE A JURY TRIAL.\nThe arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (\"AAA\"),\nincluding the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute\nresolution body and arbitration rules that may be mutually agreed upon by you and ZipRecruiter. Your arbitration fees and your share of arbitrator\ncompensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or\nonline. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in\nthis Agreement, you and ZipRecruiter may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate\nor enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the\narbitrator, will be strictly confidential for the benefit of all parties.\nB. Restrictions\nYou and ZipRecruiter agree that any arbitration shall be limited to the Dispute between ZipRecruiter and you individually. To the full extent permitted\nby law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to\nutilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf\nof the general public or any other persons.\nC. Exceptions to Informal Negotiations and Arbitration\nYou and ZipRecruiter agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding\narbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or ZipRecruiter intellectual property rights; (2)\nany Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.\nD. 30 Day Right to Opt Out of Arbitration\nYou have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 14 by sending written notice of your decision to\nopt-out to [email protected] or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to\nZipRecruiter within thirty (30) days of your registering to use the Services or agreeing to these terms, whichever occurs first, otherwise you shall be\nbound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound\nby them.\nE. European Union Online Dispute Resolution\nIf you are an individual located in the EU, you may also choose to bring your dispute to the online dispute resolution portal of the European\nCommission, available here: http://ec.europa.eu/odr.\n15. EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESS REGULATIONS 2003 (ONLY FOR USERS\nIN THE UNITED KINGDOM) \nTOP\nFor the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the, \"Regulations\"), job seekers and\nrecruiters should be aware that ZipRecruiter is not an employment business and operates as a venue only, and accordingly, does not introduce or\nsupply work-seekers to recruiters (or vice versa). Accordingly, ZipRecruiter does not, without limitation: (i) acquire sufficient information for\npotential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill; (ii) acquire confirmation of the identity of a\nwork-seeker or that the individual has the experience, training, qualifications or authorization to work in the position to be filled or that they wish to\nundertake the role to be filled; (iii) verify that the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which\nmust be satisfied by either of them to permit the work-seeker to fulfill the position to be filled; (iv) give any indication to recruiters whether work-\nseekers are unsuitable (or suitable) for any position to be filled in any circumstances; (v) propose work-seekers to recruiters or provide any\ninformation about them other than in the course of providing a search function to recruiters to make key word searches of the CV database; (vi)\ntake up any references in relation to a work-seeker; or (vii) make any arrangements for accommodation of work-seekers.\nSince ZipRecruiter is only a venue and does not propose or introduce work-seekers to recruiters or vice versa, if you are a work-seeker you\nundertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seeker’s\nsuitability for the role. These checks could include: (A) if you are a work-seeker; checking the identity of the recruiter and the nature of its business,\n\nthe commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety,\nexperience, training, qualifications and authorization which the recruiter considers necessary or are required by law or otherwise to undertake the\nposition, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to\nsatisfy before taking up a position; and (B) if you are a recruiter; checking the identity of the work-seeker and that the work-seeker has the\nexperience, training, qualifications and authorization required by law or otherwise for the position and whether there are any requirements imposed\nby law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position and additionally, where professional\nqualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant\nqualifications, background checks and references. Any searching or screening tools provided by us for use in your assessment of the suitability or\notherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute for your\nown verifications of the candidate’s qualifications, work history and otherwise suitability for the position.\n16. GENERAL \nTOP\nA. Governing Law and Location\nThe Services are controlled and operated by ZipRecruiter from within the United States of America. ZipRecruiter makes no representations that the\nServices or the materials available via the Services, are appropriate or available for use in locations outside of the European Union, United Kingdom,\nor Switzerland. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with\nall United States of America, European Union, United Kingdom, or Switzerland laws as well as local laws, if and to the extent local laws are\napplicable.\nUnless otherwise required by a mandatory law of a member state of the European Union, United Kingdom, or Switzerland or any other jurisdiction,\nthis Agreement and any Disputes shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws\nprinciples. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator\nshall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to\nthe extent required by applicable law. Except as otherwise expressly provided in this Agreement, all arbitration and other litigation in a court of\ncompetent jurisdiction of any dispute between you and ZipRecruiter related to this Agreement shall be located in Los Angeles County, California.\nYou may not use the Services if you are a resident of a country embargoed by the United States, European Union, United Kingdom, or Switzerland,\nor are a foreign person or entity blocked or denied by the United States government.\nIf you are a Job Seeker, acting as a consumer and resident in the European Union: you agree that this Agreement shall be governed by the law\nof your country of residence without giving effect to any conflict of laws principles that may provide the application of the law of another\njurisdiction. You and ZipRecruiter both agree to submit to the non-exclusive jurisdiction of the courts in the country of your residence.\nB. Assignment\nThis Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without\nthe prior written consent of the General Counsel of ZipRecruiter or his/her designee. ZipRecruiter can assign this Agreement or delegate its\nobligations without restriction.\nC. Relationship of the Parties\nNothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other.\nNeither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any\nkind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.\nExcept as set out in this Agreement, only you and ZipRecruiter may enforce this Agreement as this contract is between you and ZipRecruiter; no\nother party shall be entitled to enforce the terms of this Agreement.\nD. Notification Procedures\nZipRecruiter may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to\nyou via email notice, written or hard copy notice, or through conspicuous posting of such notice on our websites, as determined by ZipRecruiter in\nits sole discretion. ZipRecruiter reserves the right to determine the form and means of providing notifications to Users, provided that you may opt\nout of certain means of notification as described in this Agreement. ZipRecruiter is not responsible for any automatic filtering you or your network\nprovider may apply to email notifications we send to the email address you provide us. We recommend that you\nadd [email protected] to your email address book to help ensure you receive email notifications from us.\nE. Entire Agreement\nThis Agreement, together with any (1) written agreement bearing a signature by an authorized ZipRecruiter representative (sales representatives\nare not authorized ZipRecruiter representatives for these purposes) and (2) formal document titled \"Quote\" sent by ZipRecruiter to you, which is\naccepted by you (email communications between you and ZipRecruiter are not considered Quotes) shall constitute the entire agreement and\nunderstanding between you and ZipRecruiter concerning the Services.\nThe following provision is excluded insofar as German law is applicable: No other contrary statement, promise, or representation made or given by\nor on behalf of ZipRecruiter shall have any force or effect, and you acknowledge and agree that you have not relied upon any statement, promise, or\nrepresentation made or given by or behalf of ZipRecruiter, which is not set out in this Agreement, or any document expressly referred to herein\n\nF. Compliance with Laws\nYou agree to comply with all applicable laws, regulations and ordinances in the use of the Services and the conduct of your activities.\nG. Confidentiality\nPursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the\ngeneral public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, and guidelines and\ndocumentation relating to the Services (\"Confidential Information\"). You agree that: (a) all Confidential Information will remain the exclusive\nproperty of ZipRecruiter; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this\nAgreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the\nConfidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or\notherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Services or any other non-public area of\nthe ZipRecruiter websites.\nH. Equitable Relief\nYou acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause ZipRecruiter irreparable\ndamage, for which the award of damages would not be adequate compensation. Consequently, ZipRecruiter may institute an action to enjoin you\nfrom any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, ZipRecruiter may seek the entry\nof an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in\nequity.\nI. No Publicity\nYou shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media,\nconcerning the existence of this Agreement or the subject matter hereof, or the relationship with us without the prior written approval of our legal\ndepartment. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the\nmedia or other third parties, concerning this Agreement, the Services, and/or ZipRecruiter, to our legal department\nat: [email protected].\nJ. Electronic Contracting\nYour use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR\nELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE\nBOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY ZIPRECRUITER\nWEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.\nK. Miscellaneous\nAny waiver of any provision of this Agreement will be effective only if in writing and signed by ZipRecruiter. No failure by ZipRecruiter to exercise, or\nto delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by\nZipRecruiter preclude any other or future exercise of that right or any other right hereunder by ZipRecruiter. If any provision of this Agreement is\nheld invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and\nsuch invalid provision shall be deemed to be severed from this Agreement.\nZIPRECRUITER, ZIP ALERTS, QUICKRATE, TRAFFICBOOST, ZIPRECRUITER.COM, ZIPRESUME, JOBBOARD.IO, JOBBOARD.IO BOOST, the suitcase\nlogo, and the chair logo are trademarks or registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices\naround the world. All intellectual property is owned by ZipRecruiter, or its licensors, and is protected by U.S. and international trademark laws\nand/or other proprietary rights and laws.\nL. Export Compliance\nIn connection with your receipt of services under this Agreement (the “Subject Services”), you agree to comply with applicable (i) U.S.\nGovernment export laws, regulations and requirements, including those administered by the U.S. Commerce Department’s Bureau of Industry and\nSecurity (BIS) and the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and (ii) export laws, regulations, and requirements in\nother countries, including in the jurisdiction in which you are located (if you are located outside the United States) (collectively, “Export Laws”).\nYou further certify that you will not, in connection with the Subject Services, export, re-export or transfer any software that may be subject to such\nExport Laws to any location, or to any end-user, or for any end-use, without first obtaining any export license, permit or other approval that may be\nrequired from the U.S. Government or other applicable jurisdiction. Without limiting the foregoing, you specifically agree that you will not, in\nconnection with the Subject Services, export, re-export or transfer any software subject to Export laws (1) to any sanctioned country under U.S.\nexport control laws, including Cuba, Iran, North Korea, Syria and the Crimea Region of Ukraine; (2) to any individual or entity listed on a denied\nparty list maintained by the U.S. Government, including those administered by BIS and OFAC, or any other applicable government list in your\njurisdiction; (3) to any Military End User as defined by BIS; and (4) for any end-use restricted by the U.S. Government or other applicable\njurisdiction, including military end-uses and end-uses related to the development, production or use of nuclear, chemical or biological weapons or\nmissiles.\nHow to Contact Us \nTop\nIf you have questions about your User account, your subscription plan, job alerts, applications to Job Advertisements, or any other Services-related\nquestions, please contact Customer Service by using one of the communication means described below (as applicable):\n\nUS: 1-877-252-1062 (24 hours/7 days); [email protected]\nCanada: 1-855-628-2506 (24 hours/7 days); [email protected]\nAustralia: +61 18-0059-2251(6am - 6pm AEDT); [email protected]\nNew Zealand: +64 8004-31275 (6am - 6pm local time); [email protected]\nIndia: +91 8009190944 (6am - 6pm local time); [email protected]\nUK: +44 8000318638 (6am – 6pm local time); [email protected]\nGermany: +49 800 000 8346 (6am – 6pm Munich time); [email protected]\nIreland: +353 1 80 0849006; (6am – 6pm local time); [email protected]\nYou can also use the Live Chat function on our websites if you have any questions.\nMailing Addresses\nU.S. MAILING ADDRESS\nU.K. MAILING ADDRESS\nZipRecruiter, Inc.\nAttn: Business Affairs\n604 Arizona Avenue\nSanta Monica, California 90401, USA\nDelaware Corporation\nFile Number: 4829724\nICO Registration Number: ZA454860\nZipRecruiter UK Ltd.\nC/o Fieldfisher LLP\nRiverbank House, 2 Swan Lane, London\nEC4R, England, UK\nCompany No. 9988220\nICO Registration Number: ZA197224\nArticle 27 Representatives\nEU GDPR Representative:\nZipRecruiter, Inc.\nC/o MCF Legal Technology Solutions Limited Riverside One\nRiverside One\nSir John Rogerson's Quay\nDublin 2, D02 X576, Ireland\nEmail: [email protected]\nU.K. GDPR Representative:\nZipRecruiter UK Ltd.\nC/o Fieldfisher LLP\nAttn: Privacy\nRiverbank House, 2 Swan Lane, London\nEC4R, England, UK\nEmail: [email protected]\nYour privacy is our priority. Learn more:\n Do Not Sell My Personal Information\nCOVID-19 Resources | Privacy |\nCa Privacy | Terms | Posting Rules | Attribution |\nCorp Responsibility\nZipRecruiter, Inc. © All Rights Reserved Worldwide\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]} |