{"service":{"name":"Uber","url":"https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=poland&lang=en","lang":"ENG","sector":"Transport","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Free","date":"01.01.2022"},"document":{"title":"","text":"Select jurisdiction:Select language:\nPoland\nEnglish\nLast modified: 12/31/2020\nEffective as of 1 January 2021\nGeneral Terms of Use - Poland\nKEY PRINCIPLES\nThese Terms apply to Uber’s mobile applications and/or websites in Poland. \nThe App(s)/Website(s) Services enable you to request services from Third Party\nProviders or directly from Uber. These services are provided or made available under\nUber’s brands, including, but not limited to, UBER, UBERX and UBER EATS. For more\ninformation, please consult this page.\nFor Third Party Services, you are contracting directly with Third Party Providers and\nUber acts as an agent to enable you to request and receive those services.\nFor Uber Provided Services, you may be required to accept separate terms which\ngovern your use of those services. \nPlease read these Terms carefully. They include information about the services, your\nrights, and other important information.\nABOUT US\nWe are Uber B.V, a private limited liability company established in the Netherlands,\nregistered at the Amsterdam Chamber of Commerce under the number 56317441 and\nhaving its offices at Meester Treublaan 7, 1097 DP Amsterdam. You can contact us\nat help.uber.com.\nDEFINITIONS\nUber\nSign up\n\n“Community Guidelines” mean the guidelines, as updated from time to time which set out\nexpectations of all users of the App(s) and/or Website(s). The latest version of the\nCommunity Guidelines is available here.\n“Third Party Providers” are independent third parties and include, but are not limited to,\nindependent transportation providers, delivery partners, restaurants, logistics providers,\nand/or providers of other mobility services.\n“Third Party Services” include, but are not limited to, services and goods in the field of\ntransportation, delivery, logistics, mobility, and the food, grocery or retail industries,\nprovided to you by independent Third Party Providers, such as, but not limited to,\ntransportation services. These are made available to you through the use of the\nApp(s)/Website(s) Services, as defined below.\n“Uber Poland” means Uber Poland Sp. z o.o., a private limited liability company established\nin Poland with registered offices at ul. Inflancka 4, 00-189 Warsaw, registered under KRS\nnumber 0000490069, acting as a licensed intermediary in passenger transportation\nin Poland.\n“Uber” means Uber B.V., or any of its subsidiaries or affiliates (“we” or “us”), including\nUber Poland.\n“Uber Brands” means Uber’s brands, including, but not limited to, UBER, UBERX and\nUBER EATS.\n“Uber Provided Services” means services provided directly to you by Uber which may be\nsubject to separate terms between you and us. These may include, but are not limited to,\ndelivery services under the UBER EATS brand and mobility services under UBER brands.\n“Uber Names, Marks or Works” means Uber or its licensor’s company names, logos,\nproducts or service names, trademarks, service marks, trade dress, other indicia of\nownership, or copyrights.\n \nTERMS\n1. Overview\n1.1. These terms cover your access and use of Uber’s mobile applications and/or websites,\nand, where Uber intermediates passenger transportation in Poland, your use of the\nIntermediation Service (the “Terms”). You must read carefully and agree to the Terms prior\nto accessing and using Uber’s mobile applications and/or websites. Your agreement to\nthese Terms establishes a contractual relationship between you and Uber. If you do not\nagree to these Terms, you may not access or use Uber’s mobile applications and/or\nwebsites. These Terms expressly supersede prior agreements or arrangements about the\nApp(s)/Websites Services (as defined below) between you and Uber.\n\n1.2. These Terms apply to the extent they do not conflict with any user and supplemental\nterms that specifically apply to Uber's mobile applications and/or websites. You will be\nasked to agree to any such terms separately.\n1.3. For any Third Party Services other than in the field of passenger transportation, Uber\nacts as the agent for the Third Party Providers for Third Party Services and as the service\nprovider for Uber Provided Services (see clause 4 below).\n1.4. For the Third Party Services in the field of passenger transportation, Uber Poland acts\nas the agent for the Third Party Providers for Third Party Services and as the service\nprovider for Uber Provided Services (see clause 4 below).\n2. The App(s)/Website(s) Services\n2.1. The services provided to you by Uber consist of:\n2.1.1. Access to and use of Uber's mobile applications and/or websites which enable you to\nrequest and receive Third Party Services and/or Uber Provided Services; and\n2.1.2. Payment collection and payment processing services (including issuing invoices and\nreceipts on behalf of Third Party Providers) allowing us to charge you and to pay charges\ninto the bank account of Third Party Providers for Third Party Services or Uber for Uber\nProvided Services (Uber B.V. may engage affiliates or third parties to provide these services\non its behalf) (together the \"App/Website Services\").\n2.2. The Services of intermediating passenger transportation are provided to you by Uber\nPoland and consist of:\n2.2.1. Enabling you to request and receive Third Party Services and/or Uber Provided\nServices; and\n2.1.2. Enabling you to enter into direct contracts for transportation with Third Party\nProviders and/or to settle fares for transportation (together the “Intermediation Services”).\n2.3. These Terms apply to your use of the App(s)/Website(s) Services in Poland. By\naccessing and using the App(s)/Website(s) Services in another country, you may be subject\nto country-specific terms. You can locate those terms by navigating to this page and\nchoosing the country from which you wish to access the Apps(s)/Website(s) Services.\n2.4. Uber's mobile applications and/or websites will be made available to you under various\nUber Brands.\n2.5. Unless otherwise agreed separately in writing, the App(s)/Website(s) Services are made\navailable to you for your personal non-commercial use only.\n2.6. Where available, you can request and receive Third Party Services or Uber Provided\nServices via Uber’s mobile applications and/or websites.\n\n3. Third Party Services\n3.1. For Third Party Services, Uber (Uber Poland in relation to Intermediation Services) acts\nas a disclosed agent between you and the Third Party Providers to enable them to provide\nthe Third Party Services to you. Uber does not provide the Third Party Services. All Third\nParty Providers are independent third party contractors, registered businesses or other\nlegal entities who are not employed by Uber.\n3.2. When you are logged in, online and in the vicinity of Third Party Providers who are also\nlogged in Uber’s mobile applications and/or websites, you will be given information in\nUber’s mobile applications and/or websites about the Third Party Services before you\ndecide to make a request.\n3.3. Third Party Providers (for Third Party Services) and Uber (for Uber Provided Services)\nare free to decide to accept or reject a request. Acceptance of the request is communicated\nto you on behalf of Third Party Providers through Uber’s mobile applications and/or\nwebsites and will give rise to a direct contract between you and the Third Party Provider (for\nThird Party Services) and/or between you and Uber (for Uber Provided Services).\n3.4. For some Third Party Services, you may be required to agree to separate terms prior to\nusing such Third Party Service(s).\n3.5. You may be asked to rate the Third Party Provider whose services you requested. The\nThird Party Provider may also be able to give you a rating. Third Party Providers will see the\nrating in the Uber’s applications and/or websites and this rating may affect whether or not\nthey decide to provide Third Party Services to you. For more information about ratings\nplease consult our Community Guidelines.\n3.6. The Third Party Provider is responsible for any obligations that may arise from the\nprovision of the Third Party Services.\n4. Uber Provided Services\n4.1. For Uber Provided Services, Uber will act as the service provider. The specific terms\ngoverning Uber Provided Services will be set out in additional terms or a\nseparate agreement.\n5. Using the App(s)/Website(s) Services\n5.1. Uber’s mobile applications and/or websites can be downloaded or accessed on most\nmodern mobile devices with an internet connection and equipped with popular operating\nsystems such as Android or iOS.\n5.2. You are responsible for obtaining the network access necessary to use the\nApp(s)/Website(s) Services and are responsible for any rates and fees from your mobile\nnetwork provider, including from data consumption while using Uber’s mobile applications\nand/or websites. You are also responsible for accessing compatible devices and operating\n\nsystems necessary to use the App(s)/Website(s) Services, including any software or\nhardware updates.\n5.3. To use the App(s)/Website(s) Services, you must register in Uber's mobile applications\nand/or websites and set up an account. At the time of registration you must either be\neighteen (18) or the age of legal majority in the country where you register if different from\neighteen (18), unless the terms governing the specific Third Party Service or Uber Provided\nService impose different age requirements.\n5.4. You must provide us with certain personal information to register, including your phone\nnumber and email address. To use the App(s)/Website(s) Services, Uber Provided Services\nor certain Third Party Services, you may need to provide at least one valid payment method\n(credit card, debit card or any other accepted payment method). You may need to provide\nadditional information, such as your address, and documents before using certain Uber\nProvided Services or Third Party Services.\n5.5. You are under no obligation to log in to, or use, Uber’s mobile applications and/or\nwebsites, and neither are the Third Party Providers. If you choose to stop using Uber’s\nmobile applications and/or websites you may do so without giving us any notice.\n5.6. We may temporarily restrict your access to and use of the App(s)/Website(s) Services if\nthere is a suspected breach of your obligations (see clause 6 below) or of these Terms,\nincluding where we receive a complaint in relation to fraud. There may be circumstances in\nwhich we are unable to provide you with information about the complaint whilst an\ninvestigation is ongoing (by us and/or a third party such as the police).\n6. Your Obligations\n6.1. When using the App(s)/Website(s) Services, you must comply with all applicable laws.\nYou may only use the App(s)/Website(s) Services for lawful purposes and for the purposes\nfor which they were intended as otherwise referenced in these Terms. You must not misuse\nUber’s mobile applications and/or websites or attempt to defraud either us or Third Party\nProviders. For more information about what is expected from you, please consult our\nCommunity Guidelines.\n6.2. You must provide accurate and complete information when you register an account\nand when using the App(s)/Website(s) Services.\n6.3. Your account is personal to you. It cannot be licensed or shared unless expressly\npermitted by Uber. Once you have set up an account, you:\nmay not register more than one account unless we agree otherwise in writing;\nmay not allow third parties to use your account or transfer your account to a\nthird party;\nmust keep your account information accurate, complete and up-to-date;\n\nmust keep your login details confidential at all times and;\nmust tell us immediately if you have any reason to believe that someone else knows\nyour username or password or if you suspect that someone else is using your account.\n6.4. You will be responsible for paying any fees or charges that may be incurred as a result\nof the provision of Third Party Services or Uber Provided Services requested through your\naccount as further detailed below.\n6.5. You must not, in your use of the App(s)/Website(s) Services, cause nuisance,\nannoyance, inconvenience, or property damage, whether to the Third Party Provider, Uber\nor any other party. \n7. Charges and Payment\n7.1. Charges for the App(s)/Website(s) Services \nYou will not be charged for using the App(s)/Website(s) Services. However, we reserve the\nright to introduce a usage charge, in which case you will be informed in writing and given\nthe opportunity to terminate these Terms before any such charge is introduced. If you\nchose to terminate these Terms, you will no longer be able to access or use the\nApp(s)/Website(s) Services. We reserve the right to introduce a fee for specific features on\nUber's mobile applications and/or websites. These may be subject to separate terms.\n7.2. Charges for Third Party Services and Uber Provider Services \nIf you make a request through Uber’s mobile applications and/or websites, you agree to pay\nthe relevant charges as described in Uber’s mobile applications and/or websites and will be\nresponsible for any charges or fees linked to your account in accordance with clause 6.4\nabove. Depending on the Uber Provided Service or Third Party Service used, including, but\nnot limited to, its location, the charges may be displayed on Uber’s mobile applications\nand/or websites before a request is placed.\nIn other cases, the charges will depend on your use of the Third Party Services or Uber\nProvided Services. We may provide an estimate of these charges. Please be aware that the\nfinal amount charged to you may be different from the estimate. You may be charged\nsupplementary charges, costs and/or fines by Third Party Providers, for your use or misuse\nof Third Party Services (such as repair or cleaning fees) or by Uber for your use or misuse of\nUber Provided Services.\nFor certain Third Party Services, such as UberX, you may request lower charges from the\nThird Party Provider for services received by you from such Third Party Provider at the time\nyou receive such services. Third Party Provider or Uber, if authorized by the Third Party\nProvider, will respond accordingly to any request from a Third Party Provider to modify the\ncharges for a particular service.\n\nIn some cases, if the Third Party Services or the Uber Provided Services cannot be\nperformed due to your action or inaction (for example, if you are not present at the delivery\nlocation to receive a delivery), all charges may apply.\nOnce the Third Party Service or Uber Provided Service has been provided, we may issue you\nwith an invoice and/or a receipt directly or on behalf of the Third Party Provider, as\napplicable. Where we issue you with a fiscal receipt directly or on behalf of the Third Party\nProvider, you agree to receive such fiscal receipt only in electronic form to the email\naddress you shared with us or in the Uber App, including in the form of a .pdf file, as soon as\npracticable after the completion of the service. The invoice and/or the receipt will include\nVAT, if applicable. By sharing your tax identification number in your app, you acknowledge\nthat it will be included in the said invoice and/or fiscal receipt.\n7.3. General\nFor more information about charges and supplementary charges, fees, costs and/or fines\nspecific to the relevant Third Party Service or Uber Provided Service please consult the\nsupport section in Uber’s mobile applications and/or websites (such as at Help) or relevant\npages on our website(s) for Rides and Eats.\nThe charges may be modified in Uber’s mobile applications and/or websites from time to\ntime. The charges do not include tips. Where available, you may pay tips, either in person or\nthrough Uber’s mobile applications and/or websites. We will collect tips paid through Uber’s\nmobile applications and/or websites on your behalf and remit them.\nUnless otherwise agreed, all charges are due immediately upon a request being placed and\npayment will be facilitated by Uber using the preferred payment method associated with\nyour account, after which Uber will send you a receipt by email. If your primary payment\nmethod is not able to be charged, Uber may use a secondary payment method if available.\nIf your payment method(s) are unavailable, we reserve the right to continue to try to\ntake payment.\nCharges are inclusive of applicable taxes including VAT.\n8. Cancellation\n8.1. In some cases, you do not have the right to cancel the request for the Third Party\nServices and Uber Provided Services once it has been accepted. However, for certain Third\nParty Services, Uber or the Third Party Service Provider may allow you to cancel the request,\nbut you may be charged a cancellation fee.\n8.2. Uber may refuse requests and cancel the Third Party Services or Uber Provided Services\nif there is reasonable doubt about the correctness or authenticity of the request or about\nthe contact information. In this case too, a cancellation fee may be charged.\n8.3. See the Cancellation Policy for Rides and the Cancellation Policy for Eats.\n\n9. License\nSubject to your compliance with these Terms, we grant you a personal, worldwide, non-\nexclusive, non-transferable, revocable, non-sublicensable license to install and/or use of\nUber’s mobile applications and/or websites on your device solely for your use and for you to\naccess and use information made available through Uber’s mobile applications and/or\nwebsites. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors.\n10. Intellectual Property\nWe reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services,\nour devices and all data gathered through Uber’s mobile applications and/or websites\n(including all intellectual property rights in all of the foregoing) are and remain our property\nor the property of our licensors. You may not, and may not allow any other party to: (a)\nlicense, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of\nthe Uber’s mobile applications and/or websites); (b) reverse engineer or attempt to extract\nthe source code of Uber’s mobile applications and/or websites except as allowed under law;\n(c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing,\nsurveying, or otherwise data mining any part of Uber’s mobile applications and/or websites\nor data; (d) use, display, or manipulate any of Uber Names, Marks, or Works for any purpose\nother than to use the Uber’s mobile applications and/or services; (e) create or register any\n(i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v)\nsocial media handles or profiles that include Uber Names, Marks, or Works or any\nconfusingly or substantially similar mark, name, title, or work; (f) use Uber Names, Marks, or\nWorks as your social media profile picture or wallpaper; (g) purchase keywords (including,\nbut not limited to Google AdWords) that contain any Uber Names, Marks, or Works; or (h)\napply to register, reference, use, copy, and/or claim ownership in Uber’s Names, Marks, or\nWorks, or in any confusingly or substantially similar name, mark, title, or work, in any\nmanner for any purposes, alone or in combination with other letters, punctuation, words,\nsymbols, designs, and/or any creative works; except as may be permitted in the limited\nlicense granted above.\n11. Privacy Notice\nWe collect, use and disclose information from or about you as described in our Privacy\nNotice. Additional privacy notices may apply, including from third party controllers, for Uber\nProvided Services or Third Party Services.\n12. Your Liability and Indemnity\n12.1.You are liable for any damage suffered by us as a result of your violation of these Terms,\nyour misuse of the App(s)/Website(s) Services, or your violation of any laws or third party\nrights. You are liable for all activities conducted through your account unless such activities\nare not authorized by you and you are not otherwise negligent.\n\n12.2. In order to have access to the App(s)/Websites(s) Services, you agree to indemnify,\ndefend (at our option) and hold us and our respective officers, directors, and employees\nharmless from and against all claims, liabilities, expenses, damages, penalties, fines, social\nsecurity contributions and taxes arising out of or related to a breach of these Terms, breach\nof applicable law or third party claims directly or indirectly related to your use of the Third\nParty Services, the Uber Provided Services or your use of the Services generally. \n13. Disclaimer\nWe provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s)\nServices may be subject to limitations, delays, and/or other problems inherent to the use of\nthe internet and electronic communications and are not guaranteed to be available or error\nfree at all times.\n14. Limitation of Liability\n14.1. Nothing in these Terms limits and excludes any liability which cannot legally be limited\nor excluded, including liability for death or personal injury caused by negligence and liability\nfor fraud or fraudulent misrepresentation or alter your rights as a consumer that cannot be\nexcluded under applicable law.\n14.2. We are not liable under or in relation to these Terms including, but not limited to,\nliability in contract, tort (including negligence, misrepresentation), restitution or otherwise\nfor any of the following connected to the use of the App(s)/Website(s) Services: (i) loss of\nprofits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of\nanticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of\nor damage to goodwill and (vii) indirect or consequential loss.\n14.3. We are not liable for:\ndamages or losses arising from any transaction between you and a Third Party\nProvider; or\nthe availability and accuracy of the content, products or services of the Third\nParty Provider.\n14.4. We are not liable for delay or failure in performance resulting from causes beyond our\nreasonable control.\n14.5. Our total liability to you for usage of Uber’s mobile applications and/or websites (and\nnot in relation to any other arrangements between us for which the liability arrangements\nare governed by way of separate agreement) shall not exceed five hundred euros\n(500 euros).\n14.6. To the extent permitted by law, we exclude all warranties and disclaim all liability for\nany act or omission by you or any third party.\n15. Termination\n\n15.1. You are free at all times to use the App(s)/Website(s) Services (where available) and\nmay terminate these Terms and the App(s)/Website(s) Services by closing your account.\n15.2. We may terminate these Terms and your access to the App(s)/Website(s) Services\nwith immediate effect if we conclude that there is a breach by you of these Terms or any\nother agreement between you and Uber for the provision of Uber Provided Services.\n15.3. Uber may, in its sole discretion, terminate these Terms or discontinue the\nApp(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.\n15.4. If we cannot charge the charges to your preferred payment method we may suspend\nor remove your access to Uber’s mobile applications and/or websites until payment\nis made.\n15.5. You must immediately pay any outstanding charges due to Third Party Providers or\nUber by you upon termination. Any such charges will survive termination and we reserve all\nrights to collect payment after termination.\n16. General.\n16.1. Uber may change these Terms from time to time, in particular if it is required by law or\nif the scope or the character of services changes significantly. We will inform you of\nchanges within a reasonable time period. You will be bound by such changes upon their\nnotification to you in Uber’s mobile applications and/or websites and/or by email. If you do\nnot agree with these changes, you are free to close your account in accordance with\nclause 15.1.\n16.2. The invalidity of any clauses in these Terms does not affect the validity and\nenforceability of the rest of these Terms. Any such invalid, illegal or unenforceable clause\nshall be deemed deleted.\n16.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations\nin them, in whole or in part, without your prior consent, provided this will not lead to a\nreduction of the rights you are entitled to by virtue of these Terms or by law. You may not\nassign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in\npart, as your use of the Uber’s mobile applications and/or websites is personal, unless\nagreed otherwise.\n16.4. These Terms are our entire agreement with you, together with any additional\nagreement relating to the provision of App(s)/Website(s) Services, and replace all previous\nagreements relating to your access and use of the App(s)/Website(s) Services.\n16.5. You may be required to accept additional terms to access or use the\nApp(s)/Website(s) Services. If there is a conflict between these Terms and the separate\nagreement, the latter will have precedence unless specified otherwise in the\nseparate agreement.\n\n16.6. There are no third party beneficiaries to these Terms except as provided for in\nthese Terms.\n17. Dispute Resolution Process\nUber may make available to users acting as consumers a mediation scheme for consumer\ndisputes related to the App(s)/Website(s) Services or these Terms with a view to their\namicable resolution. For any dispute of a contractual nature relating to the\nApp(s)/Website(s) Services which could not have been resolved in the context of a\ncomplaint previously submitted to Uber’s customer service, eligible consumers can also\nsubmit complaints about our Services or these Terms to the European Commission’s online\ndispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of\n21 May 2013. Uber does not commit to using an online dispute resolution platform to resolve\nconsumer disputes.\n18. Governing Law and Jurisdiction\nThese Terms shall be exclusively governed by and construed in accordance with the laws of\nthe Netherlands, excluding its rules on conflicts of laws, unless, if you reside in the EU,\nstatutory consumer protection regulations in your country of residence contain provisions\nthat are more beneficial for you, in which case those provisions may apply. The Vienna\nConvention on the International Sale of Goods of 1980 (CISG) shall not apply. You may bring\njudicial proceedings relating to the Services before a competent Dutch court. If you reside\nin the EU you may also bring judicial proceedings relating to the Services before the\ncompetent court of your country of residence. If you reside in the EU, we may only bring\njudicial proceedings against you in your country of residence, unless you are acting as a\nbusiness in which case you agree to submit to the exclusive jurisdiction of the\nDutch courts.\nBy accepting these Terms, you agree to be bound by these\nTerms.\nReturn to Legal Hub\nUber\nVisit Help Center\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}