{"service":{"name":"Match.com","url":"https://ie.match.com/","lang":"ENG","sector":"Dating","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Optionally paid","date":"09.02.2022"},"document":{"title":"","text":"Terms of Use\n(Terms of Use revised on 09/02/2022)\nPreamble\nThese Terms of Use are entered into between Match (“we”, “us”) and you.\nWe, as well as other business entities controlled by, controlling, or under common control with us (our\n“Group”) offer a number of dating, matchmaking and social discovery platforms.  We provide our products\nand services, some of which are free, some of which are paid for, via desktop, web mobile and apps (the\n“Services”).\nUnless reserved to a certain category of users as may be specifically required upon registration (for\nexample, when available, our services catered for users over 50 years only), our Services are open to\nevery adult above 18 years, provided that they respect the criteria of eligibility statement below. If you are\nunder 18, you are not authorized to access the Services and must immediately stop using them.\n1. Acceptance of Terms of Use\nBy creating an account on our Services, you agree to be bound by our (i) Terms of Use, (ii) Safety Tips,\nand (iii) Community Guidelines, and that you have read and acknowledge our (iv) Privacy Policy and\n(v) Cookie Policy, together with any additional or special terms we may notify you of at the time when you\nuse or buy certain Services, all of which are incorporated in these Terms of Use. If you do not agree to be\nbound by our Terms of Use, you must stop using our Services.\n2. Services Eligibility\nYou can only use our Services under the following conditions. You represent and warrant at all times that:\nYou are over 18 and can enter into a legally binding contract with us.\nYou meet the conditions for registration stated on the Services.\nYou will comply with these Terms of Use, including our Safety Tips, Community Guidelines and all\napplicable laws and regulations.\nYou will provide correct, accurate and true information that is not misleading. In particular, you must\nbe truthful and honest when completing your profile and in your interactions with other users and\nwith us.\nYou acknowledge and agree that the Services’ purpose is to enable single individuals to connect on\na personal, non-commercial and non-financial basis, with the primary goal of forming committed\nrelationships as a couple. You must abide by and be respectful of the Services’ purpose at all times.\nYou are not currently registered on a Sex Offender Register.\nYou have never been convicted of an unlawful act involving fraud, a sexual offence, violence\n(including domestic violence), harassment, terrorism or a hate crime.\nWe reserve the right to decline, suspend or terminate your access or membership at any time if you do not\nmeet any of these conditions.\n3. Registration\nRegistration to our Services is free. You must not create more than one account.\nYou must provide the mandatory information required in order to complete your profile on the Services,\nand keep such information up to date. You acknowledge and agree that some of this information will be\npublished on the Services.\nFurthermore, your profile may be visible on some of our other services in certain circumstances, and thus\navailable for users of other services to view. For more information on your profile visibility and associated\nsettings, please go to the Help page.\nInformation provided by users on the Services, during registration and at any time thereafter, must be\naccurate and true. The consequences that disclosing this information may have on a user’s life or the lives\n\nof other users are the exclusive responsibility of the user concerned. When you disclose and disseminate\ninformation, data, text, content, videos and images about you, you waive your right to make any claim\nagainst us, in particular on the basis of the possible infringement of your image or personality rights,\nhonour, reputation or right to private life that may result from the distribution or dissemination of such\ninformation.\nFor more details on the information we collect from you and how we use it, please consult our Privacy\nPolicy.\nYou are responsible for maintaining the confidentiality of the login credentials you use to sign up for our\nServices, and you are solely responsible for all activities that occur under those credentials. If you think\nsomeone has gained access to your account, please contact us immediately at the address mentioned in\nthe ‘Requests and Claims’ section below.\n4. Rules of Conduct\nThe quality of interactions expected by both us and other users of the Services implies observing a\ncertain level of ethical conduct in your expression and behaviour, respecting users and our Customer Care\nrepresentatives as well as the laws and regulations in force. To meet this standard for quality, individual\nresponsibility and ethics, we allow any user to report any content (photography, text, video, etc.),\nbehaviour or comments made by a user that appears to be in violation of our Terms of Use, Safety Tips,\nCommunity Guidelines, third-party rights and the laws and regulations in force. As a result, by using the\nServices, you acknowledge and accept that the data you provide, as well as your behaviour or comments\nmay be subject to acts of moderation and/or control by us in accordance with our moderation policies.\nAs a user, you must abide by the following rules of conduct at all times and agree that you will not:\nviolate our Community Guidelines, as updated from time to time;\npost any of your personal contact details or disseminate another person’s personal information (e-\nmail address, postal address, telephone number, etc.) in any manner whatsoever (in a Profile\ndescription, in a photo, etc.);\npost any content that violates or infringes anyone’s rights, including rights of publicity, private life,\ncopyright, trademark or other intellectual property or contract right;\nimpersonate any person or entity;\nsolicit passwords for any purpose or solicit personal identifying information for commercial or\nunlawful purposes from other users;\nspam, solicit money from or defraud any user;\nmass send messages;\npost any content that is hate speech, threatening, sexually explicit or pornographic; incites violence;\nor contains nudity or graphic or gratuitous violence;\npost any content that promotes racism, bigotry, hatred or physical harm of any kind against any\ngroup or individual;\ninsult, bully, “stalk,” intimidate, assault, harass, mistreat or defame any person;\nuse the Services for any harmful or nefarious purpose;\nuse the Services in order to damage us or our Group;\nuse the Services for any purpose that is illegal or prohibited by these Terms of Use;\nuse the Services in order to promote or to facilitate personal relationships of a transactional nature\nand/or services of a sexual nature and/or non-consensual sexual acts;\nuse any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual\nor other automatic device, method, process to access, retrieve, index, “data mine”, or in any way\nreproduce or circumvent the navigational structure or presentation of the Services or its contents;\nuse another user’s account, share an account with another user, or maintain more than one account;\ncreate another account if we or our Group have already terminated your account, unless you have\nour permission.\n\nYour breach of any of these rules of conduct constitutes a serious material breach of your contractual\nobligations under these Terms of Use.\nWe reserve the right to suspend or terminate your account without notice and without any refund if you\nhave violated these obligations, misused the Services or behaved in a way that we regard as inappropriate\nor unlawful, including by reference to any action or communication that occurred on or off the Services.\nTo make the Group’s services safer, banned users’ information may be shared within the Group to allow us\nand any of the Group’s platforms to take the necessary actions against unsafe users, including\nterminating their account and/or preventing them from creating an account.\nThis account closure will take effect without prejudice to any damages and interest which may be claimed\nby us from you as restitution for the losses incurred by us as a result of any breach of these Terms of Use.\n5. Services\n5.1 Free features\nYour registration to the Services allows instant access to free features. These features are not the same\ndepending on the type of Services you have registered for and may change over time.\nFree features and functionalities notably include the creation of your account profile, certain search\nfunctionalities, browsing other user’s profiles and access to some events and activities. Communicating\nwith other users generally requires a subscription.\n5.2 Paid-for services\nWe operate a global business and provide Services to a diverse community of users. Our pricing structure\nmay vary by country, length of subscription, distribution channel, special offers and promotions. We\nregularly test new features to provide users with increased functionality and free or paid-for options\nshould they choose to use them. We may also from time-to-time change or stop offering certain types of\nPurchases.\nRecurring subscriptions and/or one-off purchases (“Purchases”) allow access to additional features and\nfunctionalities. The details of such paid-for services (“Paid Service(s)”) are available for you to consult on\nour Services, prior to concluding a Purchase.\n5.3 Events and Activities.\nWhen events or activities are offered, specific terms and conditions are applicable and available from the\npages describing the events or activities.\n5.4 Badges, distinctions and the like\nWe may from time to time offer profile badges, distinctions or similar items for users to obtain depending\nas to whether they fulfil the qualifying criteria to gain that item.\nWe make no representations or warranties regarding the holder of a badge, distinction or similar item, as\nthey are generally earned based on that user’s self-declaration, which we cannot verify.\nProcedure and conditions for Purchases\n6.1 General\n\nDepending on your locality and the way you access the Services (for example via a desktop, a web mobile\nversion, or an app on iOS or Android systems), Purchases may be available via direct billing (for example\nvia a payment card, Paypal, etc.), mobile carriers, in-app payment systems (such as App Store). If you\nchoose to make a Purchase, you will be prompted to confirm your Purchase with the applicable payment\nprovider and your method of payment such as a payment card or your third party account such as App\nStore’s Apple Pay (your “Payment Method”) will be charged at the prices displayed to you for the\nPurchase(s) you have selected and you authorise us and/or Apple or other third party account (as\napplicable) to charge you.\nYour Purchase is confirmed at the point when your financial transaction is authorised and confirmed with\nyour bank or third-party account (such as mobile carriers or Apple’s App Store).\n6.2 Subscription Auto-Renewal; Automatic Card Payment\nIf you purchase an auto-recurring periodic subscription (a “Subscription”), your Payment Method will\ncontinue to be billed for the Subscription until the end of the current Subscription term. After your initial\nSubscription commitment period, and again after any subsequent Subscription period, your Subscription\nwill automatically continue for an additional equivalent period, unless specifically provided otherwise at\nthe time of the Purchase. By purchasing a Subscription, you are contractually committed to continue\nmaking any recurrent payments for the entire Subscription period and any ongoing renewal period, until\nyou have terminated the auto-renewal of a Subscription.\nPlease note that some Subscriptions are the subject of special offers whereby the price is reduced for a\nspecific period of time before renewing at the standard (non-reduced) price.\nYour Payment Method information will be stored and subsequently used for the automatic renewal\npayments of your Subscription.  You may update your Payment Method at any time. We may also update\nyour Payment Method on the database provided by the relevant payment service provider. By accepting\nour Terms of Use, following such update you authorise us to continue taking payments due for each\nPurchase (whether a payment instalment or a renewal) using the updated Payment Method.\nObjections to a payment already made should be directed to our Customer Care team at the address\nmentioned in the ‘Requests and Claims’ section below if you were billed directly by us. You may\nunconditionally withdraw your consent to automatic card payments at any time but be advised that you\nare still obligated to pay any outstanding amounts you owe us until the end of the then Subscription\nperiod, provided you have also cancelled the auto-renewal of your Subscription.\n6.3 Right to cancel straight after Purchase\nSubscriptions start upon Purchase confirmation. Pursuant to applicable law, you have 14 days starting\nfrom the day following a Purchase to exercise your right to cancel it (without giving any reason), by filling\nout the cancellation form available here or by writing to the email address listed in the ‘Requests and\nClaims’ section below. The refund will be made within 14 days from the date we were informed of your\ndecision to cancel and will be processed on the same Payment Method you used for the original Purchase.\nIf you connect to your account and use the Services before the end of the cancellation period, this first log\nin following the Purchase of a Subscription constitutes an express request by you to have immediate\naccess to the Services, for which you will be charged.\nYou can find additional information on the Help page about the scope and application of your right to\ncancel.\nPurchase via Apple’s App Store\n\nIf you purchased a Paid Service via the App Store that you wish to cancel within 14 days after Purchase,\ncancellations and refunds are handled by Apple under their own terms and conditions which we do not\ncontrol. To request a refund, you must log in to your Apple ID and follow Apple’s cancellation and refund\ninstructions.\n6.4 Additional third-party services\nThe Services may contain advertisements and promotions offered over any third-party platforms and\nexternal resources such as third-party websites or mobile applications, social networks, etc. (“Third-Party\nPlatforms”). We are not responsible for the availability (or lack of availability) of such Third-Party\nPlatforms. If you choose to interact with Third-Party Platforms made available through our Services, their\nterms will govern their relationship with you. We are not responsible or liable for Third-Party Platform’s\nterms or actions.\nYour termination of Subscription – Profile suspension – Account closure\nSubscription termination (auto-renewal cancellation)\nThe automatic renewal of a Subscription can be stopped from 24 hours after Purchase and until at least\n48 hours before the Subscription is due to renew. We will retain all funds charged to your Payment Method\nuntil the end of the then-current Subscription term.\nDeleting our application from your device does not terminate your Subscription. If you want to terminate\nthe auto-renewal, you will need to log on to your account and follow the instructions.\nOnce you have turned off the auto-renewal, you will then be entitled to continue using your Subscription\nuntil the expiry of its current term. Any remaining payment instalments of the Subscription’s total price\nwill remain due and payable until expiry of the current term. You will then no longer have access to the\nSubscription from the date the current Subscription term expires, but you will still have access to the free\nfeatures.\n7.2 Non-renewal of Subscriptions purchased via the Apple Store\nIf you made a Purchase via Apple, auto-renewals and terminations are handled by Apple under their own\nterms and conditions which we do not control. To request the termination of a Paid Service, you must log\nin to your Apple ID and follow Apple’s instructions.\n7.3 Profile suspension\nIf you no longer wish to receive messages or have your profile shown to other users, you can at any time\nrequest the suspension of your profile via your account on the Services. This suspension is temporary, it\ndoes not interrupt any Subscription you may have (including renewals) and does not extend the duration\nof such Subscription. You may reactivate your profile at any time.\n7.4 Termination of account and profile closure\nYou may at any time close your account on the Services by following the instructions available in your\naccount section. If you encounter any difficulties, you may contact our Customer Care team who can do\nthis for you. You will no longer be able to use your account, including any Purchase, from the next\nbusiness day following a closure request. However, all Subscription instalments will remain due and\npayable for the remaining period of their current term.\nUpon closing your account, you will receive a confirmation email.\nIntellectual Property\n\n8.1 Content we disseminate on the Services\nAll Services’ names, trademarks, logos, graphics, photographs, animations, videos, texts and generally all\ncontent displayed on the Services are our exclusive property or licensed or controlled by us, and may not\nbe reproduced, used or communicated without our express authorisation, subject to legal action.\nThe rights of use granted to you are limited to your private and personal use as part of, and for so long as,\nyou have an account with us. Any other use by you is prohibited. Likewise, you may not copy, reproduce,\nor otherwise make use of the content produced by other users, other than strictly for personal and private\npurposes.\nYou are prohibited, among other actions, from copying, reproducing, downloading, broadcasting,\ntransmitting, modifying, commercially exploiting and/or distributing any of the Services content, pages, or\ncomputer codes, in any way whatsoever, subject to legal action.\n8.2 Content disseminated by users\nBy having an account and using the Services, and for so long as you have an account with us, you grant us\na worldwide licence to use the intellectual property rights arising from the content provided by you\n(information, images, descriptions, search criteria, recordings, etc.) in connection with your use of the\nServices, including without limitation your profile and interactions with other users. This licence\nspecifically includes the right for us to reproduce, represent, broadcast, modify, adapt (in order to comply\nwith the graphic charter of the Services and/or to make it compatible with its technical functionalities or\nthe formats supported by the relevant media), translate, digitise, use for the purposes of the Services\nand/or sub-license the content provided by you on all or parts of the Services, in our emails and\nnotifications to other users or any other communications related to the Services, subject to applicable law.\nWarranties, Liability and Indemnity\n9.1 Our obligations in relation to your use of the Services\nWe expressly exclude all liability in connection with events of any nature, which could take place between\nyou and other users during online interactions or during ‘real life’, in person interactions.\nWe do not verify the actual identity of users when they register on the Services. Further, we do not control\nnor moderate exhaustively any of the content which users may publish or upload on the Services under\ntheir sole responsibility. However, users’ photographs and profile descriptions are moderated prior to\ndissemination on the Services.\nWe are not liable for the accuracy or inaccuracy of the information and content provided by you or other\nusers, nor for the consequences arising from your or their use of this information and content. Similarly,\nwe are not liable for any content disseminated by you or another user that may potentially infringe your\nrights or the rights of one or more of the other users or any other third party.\n9.2 Operation of the Services\nOur Services are provided to you ‘as is’. We do not warrant that you will be able to use them if your\nhardware or device does not function properly, if your internet service provider fails to provide an\nadequate level of service, or if your hardware or device does not have a fully functioning internet\nconnection.\nThe operation of the Services may be interrupted temporarily due to maintenance, updates, security\nmeasures or technical improvements, or to update the content and/or the way it is presented. If possible,\nwe will notify you before any scheduled maintenance or updates which may impact your use of the\n\nServices. Some functionalities may also be disabled permanently if required for security or other pressing\nreasons.\n9.3 Third-Party Platforms\nWe do not exercise any control over Third-Party Platforms to which you may be redirected to from our\nServices from time to time. We exclude all liability for the content of Third-Party Platforms nor any\nadvertisements, products, features, services or any other elements available on or arising from your use\nof such Third-Party Platforms. The use of Third-Party Platforms is governed by their own terms and\nconditions.\nSafety\nBy using the Services, you agree to take reasonable precautions when you interact with other users,\nparticularly if you decide to communicate off the Services or meet in person. In addition, you agree to\nreview our Safety Tips before you start using the Services and to follow them at all times when using our\nServices and interacting with other users. If you post and/or disclose to other users any confidential or\nsensitive information, such as personal information (surname, postal address, email, telephone number…)\nor financial information (e.g., credit card or bank account information), then you do so entirely at your own\nrisk.\nGeneral liability\nSubject to applicable law, we are only responsible for direct damage caused by us if we fail to provide the\nServices in compliance with these Terms of Use and applicable laws and regulations. We may not be held\nliable for any damages incurred by a user in the event those are caused solely by the latter or if we are not\nin breach of these Terms of Use and/or our statutory obligations. We do not exclude or limit in any way our\nliability to users where it would be unlawful to do so.\nWe are not liable for business losses. We only supply the Services for domestic and private use, and\ncommercial use of our Services is strictly prohibited as set forth above. You are fully liable to us if you use\nthe Services for any commercial or business purpose in breach of these Terms of Use.\nIn the event we or the Group are held liable on the basis of your breach of any of your legal or contractual\nobligations under these Terms of Use, you will indemnify and hold us and/or the Group harmless against\nany damages, expenses or orders issued against it resulting from or arising in connection with such\nbreach.\n12. Personal Data\nYour personal data is processed in accordance with our Privacy Policy.\n13. Changes to the Terms of Use and the Services\nWe may update and modify at any time the content and/or features of any of the Services, and these\nTerms of Use. This means we may add new product features or enhancements from time to time as well as\nremove or change some features.\nYou should regularly check for the most recent version of the Terms of Use. If the changes include\nmaterial changes to your rights or obligations, we will endeavour to notify you in advance of the changes\nto our Terms of Use by reasonable means. However, if such changes materially impact a product or\nservice that you have paid for on the Services, we will endeavour to continue to deliver that service to you\non the same (prior) Terms of Use until the end of the current term of the Purchase. If you then continue to\nuse that Purchase in any subsequent renewal period or make a new Purchase, then the revised Terms of\nUse will apply from that point onwards and you will be deemed to have agreed to the revised Terms of\nUse.\n14. Notifications and Services messages\nBy using the Services, you consent to us providing you with important notices about your account or the\nServices. These notices can be shared directly on the Services, via app notifications or through other\n\nmeans associated with your account, like email. Please review your Settings to control the kind of\nmessages you receive from us. You acknowledge and agree that we will have no liability associated with or\narising from your failure to maintain accurate contact or other information, including, but not limited to,\nyour failure to receive critical information and notifications.\n15. Enforceability\nIf one or more provisions in the Terms of Use are held to be unenforceable under applicable laws or\nregulations or as a result of a final decision by a competent court or authority, the other provisions will\nremain in full force and effect, to the extent permitted by law, regulation or applicable court decisions.\n16. Assignment\nAll of our rights and obligations under these Terms of Use are freely assignable by us in connection with a\nmerger, acquisition, business sale or transfer of assets, or by operation of law or otherwise; provided\nhowever that we will endeavour to ensure your rights and obligations remain unaffected by such\noperation.\n17. Requests and Claims\nFor every request or claim regarding your use of the Services, you may consult our Help page. If you need\nfurther help, you may contact our Customer Care team by email:\nFor Match: customercare@help.match.co.uk\nFor Affiny: customercare@help.affiny.co.uk\nFor Ourtime: customercare@help.ourtime.co.uk\n18. Applicable law – Disputes\nThese Terms of Use are governed, interpreted and applied in accordance with the laws of England,\nsubject to mandatory consumer laws in force in your country of residence.\nIn accordance with the rules applicable to mediation, prior to any request for mediation, you must first\nraise any dispute with us in writing in order to attempt an amicable resolution.\nIn the event that an amicable solution cannot be reached regarding a dispute relating to the Terms of Use,\nthe competent authorities will be the courts of your country of residence located in one of the member\nStates of the European Economic Area, the United Kingdom or Switzerland.\n19. About us\nThe Services provided by Match to Members and Subscribers pursuant to these Terms of Use are offered\nby Match.com International Limited, a private limited company incorporated in England and Wales with\nregistered company number 04791534 (VAT number 815337437) whose registered address is at C/O\nSkadden 40 Bank Street, Canary Wharf, London, E14 5DS. The Websites are hosted on the Group’s\nservers.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}