{"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"}]}