{"service":{"name":"Netflix","url":"https://help.netflix.com/legal/termsofuse","lang":"ENG","sector":"Video","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Paid","date":"01.01.2022"},"document":{"title":"","text":"Netflix Terms of Use\nNetflix provides a personalized subscription service that allows our members to access\nentertainment content (\"Netflix content\") over the Internet on certain Internet-connected\nTVs, computers and other devices (\"Netflix ready devices\").\nThese Terms of Use govern your use of our service. As used in these Terms of Use,\n\"Netflix service\", \"our service\" or \"the service\" means the personalized service provided\nby Netflix for discovering and accessing Netflix content, including all features and\nfunctionalities, recommendations and reviews, our websites, and user interfaces, as\nwell as all content and software associated with our service.\n1. Membership\n1.1. Your Netflix membership will continue until terminated. To use the Netflix\nservice you must have Internet access and a Netflix ready device, and provide us\nwith one or more Payment Methods. \"Payment Method\" means a current, valid,\naccepted method of payment, as may be updated from time to time, and which\nmay include payment through your account with a third party. Unless you cancel\nyour membership before your billing date, you authorize us to charge the\nmembership fee for the next billing cycle to your Payment Method (see\n\"Cancellation\" below).\n1.2. We may offer a number of membership plans, including memberships offered\nby third parties in conjunction with the provision of their own products and services.\nSome membership plans may have differing conditions and limitations, which will\nbe disclosed at your sign-up or in other communications made available to you.\nYou can find specific details regarding your Netflix membership by visiting the\nnetflix.com website and clicking on the \"Account\" link available at the top of the\npages under your profile name.\n\n2. Promotional Offers. We may from time to time offer special promotional offers,\nplans or memberships (“Offers”). Offer eligibility is determined by Netflix at its sole\ndiscretion and we reserve the right to revoke an Offer and put your account on hold\nin the event that we determine you are not eligible. Members of households with an\nexisting or recent Netflix membership may not be eligible for certain introductory\nOffers. We may use information such as device ID, method of payment or an\naccount email address used with an existing or recent Netflix membership to\ndetermine Offer eligibility. The eligibility requirements and other limitations and\nconditions will be disclosed when you sign-up for the Offer or in other\ncommunications made available to you.\n3. Billing and Cancellation\n3.1. Billing Cycle. The membership fee for the Netflix service will be charged to\nyour Payment Method on the specific payment date indicated on the  \"Account\"\npage. The length of your billing cycle will depend on the type of subscription that\nyou choose when you signed up for the service. In some cases your payment date\nmay change, for example if your Payment Method has not successfully settled,\nwhen you change your subscription plan or if your paid membership began on a\nday not contained in a given month. Visit the netflix.com website and click on the\n\"Billing details\" link on the \"Account\" page to see your next payment date. If you\nsigned up for Netflix using your account with a third party as a Payment Method,\nyou can find the billing information about your Netflix membership by visiting your\naccount with the applicable third party.\n3.2. Payment Methods. To use the Netflix service you must provide one or more\nPayment Methods. You authorize us to charge any Payment Method associated to\nyour account in case your primary Payment Method is declined or no longer\navailable to us for payment of your subscription fee. You remain responsible for any\nuncollected amounts. If a payment is not successfully settled, due to expiration,\ninsufficient funds, or otherwise, and you do not cancel your account, we may\nsuspend your access to the service until we have successfully charged a valid\n\nPayment Method. For some Payment Methods, the issuer may charge you certain\nfees, such as foreign transaction fees or other fees relating to the processing of\nyour Payment Method. Local tax charges may vary depending on the Payment\nMethod used. Check with your Payment Method service provider for details.\n3.3. Updating your Payment Methods. You can update your Payment Methods by\ngoing to the \"Account\" page. We may also update your Payment Methods using\ninformation provided by the payment service providers. Following any update, you\nauthorize us to continue to charge the applicable Payment Method(s).\n3.4. Cancellation. You can cancel your Netflix membership at any time, and you will\ncontinue to have access to the Netflix service through the end of your billing\nperiod. Payments are non-refundable and we do not provide refunds or credits for\nany partial membership periods or unused Netflix content. To cancel, go to the\n\"Account\" page and follow the instructions for cancellation. If you cancel your\nmembership, your account will automatically close at the end of your current billing\nperiod. To see when your account will close, click \"Billing details\" on the \"Account\"\npage. If you signed up for Netflix using your account with a third party as a\nPayment Method and wish to cancel your Netflix membership, you may need to do\nso through such third party, for example by visiting your account with the\napplicable third party and turning off auto-renew, or unsubscribing from the Netflix\nservice through that third party.\n3.5. Changes to the Price and Subscription Plans. We may change our subscription\nplans and the price of our service from time to time; however, any price changes or\nchanges to your subscription plans will apply no earlier than 30 days following\nnotice to you.\n4. Netflix Service\n4.1. You must be at least 18 years of age to become a member of the Netflix\nservice. Minors may only use the service under the supervision of an adult.\n\n4.2. The Netflix service and any content accessed through the service are for your\npersonal and non-commercial use only and may not be shared with individuals\nbeyond your household. During your Netflix membership we grant you a limited,\nnon-exclusive, non-transferable right to access the Netflix service and Netflix\ncontent. Except for the foregoing, no right, title or interest shall be transferred to\nyou. You agree not to use the service for public performances.\n4.3. You may access the Netflix content primarily within the country in which you\nhave established your account and only in geographic locations where we offer our\nservice and have licensed such content. The content that may be available will\nvary by geographic location and will change from time to time. The number of\ndevices on which you may simultaneously watch depends on your chosen\nsubscription plan and is specified on the \"Account\" page.\n4.4. The Netflix service, including the content library, is regularly updated. In\naddition, we continually test various aspects of our service, including our websites,\nuser interfaces, promotional features and availability of Netflix content. You can turn\noff test participation at any time by visiting the \"Account\" page and changing the\n\"Test participation\" settings.\n4.5. Some Netflix content is available for temporary download and offline viewing\non certain supported devices (\"Offline Titles\"). Limitations apply, including\nrestrictions on the number of Offline Titles per account, the maximum number of\ndevices that can contain Offline Titles, the time period within which you will need to\nbegin viewing Offline Titles and how long the Offline Titles will remain accessible.\nSome Offline Titles may not be playable in certain countries and if you go online in\na country where you would not be able to stream that Offline Title, the Offline Title\nwill not be playable while you are in that country.\n4.6. You agree not to archive, reproduce, distribute, modify, display, perform,\npublish, license, create derivative works from, offer for sale, or use (except as\n\nexplicitly authorized in these Terms of Use) content and information contained on or\nobtained from or through the Netflix service. You also agree not to: circumvent,\nremove, alter, deactivate, degrade or thwart any of the content protections in the\nNetflix service; use any robot, spider, scraper or other automated means to access\nthe Netflix service; decompile, reverse engineer or disassemble any software or\nother products or processes accessible through the Netflix service; insert any code\nor product or manipulate the content of the Netflix service in any way; or use any\ndata mining, data gathering or extraction method. In addition, you agree not to\nupload, post, e-mail or otherwise send or transmit any material designed to\ninterrupt, destroy or limit the functionality of any computer software or hardware or\ntelecommunications equipment associated with the Netflix service, including any\nsoftware viruses or any other computer code, files or programs. We may terminate\nor restrict your use of our service if you violate these Terms of Use or are engaged\nin illegal or fraudulent use of the service.\n4.7. The quality of the display of the Netflix content may vary from device to device,\nand may be affected by a variety of factors, such as your location, the bandwidth\navailable through and/or speed of your Internet connection. HD, Ultra HD and HDR\navailability is subject to your Internet service and device capabilities. Not all\ncontent is available in all formats, such as HD, Ultra HD and HDR, and not all\nsubscription plans allow you to receive content in all formats. Default playback\nsettings on cellular networks exclude HD, Ultra HD and HDR content. The minimum\nconnection speed for SD quality is 1.0 Mbps; however, we recommend a faster\nconnection for improved video quality. A download speed of at least 3.0 Mbps per\nstream is recommended to receive HD content (defined as a resolution of 720p or\nhigher). A download speed of at least 15.0 Mbps per stream is recommended to\nreceive Ultra HD (defined as a resolution of 4K or higher). You are responsible for\nall Internet access charges. Please check with your Internet provider for\ninformation on possible Internet data usage charges. The time it takes to begin\nwatching Netflix content will vary based on a number of factors, including your\nlocation, available bandwidth at the time, the content you have selected and the\nconfiguration of your Netflix ready device.\n\n4.8. Netflix software is developed by, or for, Netflix and may solely be used for\nauthorized streaming and to access Netflix content through Netflix ready devices.\nThis software may vary by device and medium, and functionalities and features\nmay also differ between devices. You acknowledge that the use of the service may\nrequire third party software that is subject to third party licenses. You agree that\nyou may automatically receive updated versions of the Netflix software and related\nthird-party software.\n5. Passwords and Account Access. The member who created the Netflix account\nand whose Payment Method is charged (the \"Account Owner\") is responsible for\nany activity that occurs through the Netflix account. To maintain control over the\naccount and to prevent anyone from accessing the account (which would include\ninformation on viewing history for the account), the Account Owner should maintain\ncontrol over the Netflix ready devices that are used to access the service and not\nreveal the password or details of the Payment Method associated with the account\nto anyone. You are responsible for updating and maintaining the accuracy of the\ninformation you provide to us relating to your account. We can terminate your\naccount or place your account on hold in order to protect you, Netflix or our\npartners from identity theft or other fraudulent activity.\n6. Miscellaneous\n6.1. Governing Law. These Terms of Use shall be governed by and construed in\naccordance with the laws of the Netherlands. These terms will not limit any\nconsumer protection rights that you may be entitled to under the mandatory laws of\nyour country of residence.\n6.2. Unsolicited Materials. Netflix does not accept unsolicited materials or ideas for\nNetflix content, and is not responsible for the similarity of any of its content or\nprogramming in any media to materials or ideas transmitted to Netflix.\n\nLast Updated: January 1, 2022\n6.3. Customer Support. To find more information about our service and its features\nor if you need assistance with your account, please visit the Netflix Help Center,\nwhich is accessible through the netflix.com website. In certain instances, Customer\nService may best be able to assist you by using a remote access support tool\nthrough which we have full access to your computer. If you do not want us to have\nthis access, you should not consent to support through the remote access tool,\nand we will assist you through other means.\n6.4. Survival. If any provision or provisions of these Terms of Use shall be held to be\ninvalid, illegal, or unenforceable, the validity, legality and enforceability of the\nremaining provisions shall remain in full force and effect.\n6.5. Changes to Terms of Use. Netflix may, from time to time, change these Terms\nof Use. We will notify you at least 30 days before such changes apply to you.\n6.6. Electronic Communications. We will send you information relating to your\naccount (e.g. payment authorizations, invoices, changes in password or Payment\nMethod, confirmation messages, notices) in electronic form only, for example via\nemails to your email address provided during registration.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}