{"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"}]}