{"service":{"name":"YouTube","url":"https://www.youtube.com/t/terms","lang":"ENG","sector":"Video","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"05.01.2022"},"document":{"title":"","text":"Terms of Service\nWhat’s in these Terms?\nThis index is designed to help you navigate our Terms of Service (Terms). We hope this serves\nas a useful guide, but please ensure you read the Terms in full.\nWelcome to YouTube!\nThis section outlines our relationship with you. It includes a description of the Service, defines\nour Agreement, and names your service provider.\nWho May Use the Service?\nThis section sets out certain requirements for use of the Service, and defines categories of\nusers.\nYour Use of the Service\nThis section explains your rights to use the Service, and the conditions that apply to your use of\nthe Service. It also explains how we may make changes to the Service.\nYour Content and Conduct\nThis section applies to users who provide Content to the Service. It defines the scope of the\npermissions that you grant by uploading your Content, and includes your agreement not to\nupload anything that infringes on anyone else’s rights. \nAccount Suspension and Termination\nThis section explains how you and YouTube may terminate this relationship.\nAbout Software in our Service\nThis section includes details about software on the Service.\nOther Legal Terms\nThis section includes our service commitment to you. It also explains that there are some things\nwe will not be responsible for.\nAbout this Agreement\n\nThis section includes some further important details about our contract, including what to\nexpect if we need to make changes to these Terms; or which law applies to them.\nTerms of Service\nDated: January 5, 2022\nEnglish Courtesy Translation\nTERMS OF SERVICE\nWelcome to YouTube!\nIntroduction\nThank you for using the YouTube platform and the products, services and features we make\navailable to you as part of the platform (collectively, the “Service”).  \nOur Service\nThe Service allows you to discover, watch and share videos and other content, provides a forum\nfor people to connect, inform, and inspire others across the globe, and acts as a distribution\nplatform for original content creators and advertisers large and small. We provide lots of\ninformation about our products and how to use them in our Help Center. Amongst other things, you\ncan find out about YouTube Kids, the YouTube Partner Program and YouTube Paid Memberships\nand Purchases. You can also read all about enjoying content on other devices like your television,\nyour games console, or even Google Home.\nYour Service Provider\nThe entity providing the Service in the European Economic Area and Switzerland is Google Ireland\nLimited, a company incorporated and operating under the laws of Ireland, (Registered Number:\n368047), located at Gordon House, Barrow Street, Dublin 4, Ireland (referred to as “YouTube”,\n“we”, “us”, or “our”).  References to YouTube’s “Affiliates” in these terms means the other\ncompanies within the Alphabet Inc. corporate group.\nApplicable Terms\nYour use of the Service is subject to these terms, the YouTube Community Guidelines and\nthe Policy, Safety and Copyright Policies (together, the \"Agreement\"). Your Agreement with us will\nalso include the Advertising on YouTube Policies if you provide advertising or sponsorships to the\nService or incorporate paid promotions in your Content.\n\nPlease read this Agreement carefully and make sure you understand it. If you do not understand\nthe Agreement, or do not accept any part of it, then you may not use the Service.\nWho may use the Service?\nAge Requirements\nYou may use the Service if you are at least 16 years old; however, children of all ages may use the\nService and YouTube Kids (where available) if enabled by a parent or legal guardian.\nPermission by Parent or Guardian\nIf you are under 18, you must have your parent or legal guardian’s permission to use the Service.\nPlease have them read this Agreement with you.\nIf you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the\nService, you are subject to the terms of this Agreement and responsible for your child’s activity on\nthe Service. You can find tools and resources to help you manage your family’s experience on\nYouTube (including how to enable a child under the age of 16 to use the Service and YouTube\nKids) in our Help Center and through Google’s Family Link.\nBusinesses\nIf you are using the Service on behalf of a company or organisation, you confirm to us that you\nhave authority to act on behalf of that entity, and that entity accepts this Agreement.\nYour Use of the Service\nContent on the Service\nThe content on the Service includes videos, audio (for example music and other sounds), graphics,\nphotos, text (such as comments and scripts), branding (including trade names, trademarks, service\nmarks, or logos), interactive features, software, metrics, and other materials (collectively,\n\"Content”). Content may be provided to the Service and distributed by our users and YouTube is a\nprovider of hosting services for such Content. Content is the responsibility of the person or entity\nthat provides it to the Service. If you see any Content you believe does not comply with these\nterms, such as by violating the Community Guidelines or the law, you can report it to us.\nGoogle Accounts and YouTube Channels\nYou can use parts of the Service, such as browsing and searching for Content, without having\na Google account. However, you do need a Google account to use some features. With a Google\naccount, you may be able to like videos, subscribe to channels, create your own YouTube channel,\nand more. You can follow these instructions to create a Google account.\n\nCreating a YouTube channel will give you access to additional features and functions, such as\nuploading videos, making comments or creating playlists. Here are some details about how\nto create your own YouTube channel.\nTo protect your Google account, keep your password confidential. You should not reuse your\nGoogle account password on third-party applications. Learn more about keeping your Google\naccount secure, including what to do if you learn of any unauthorised use of your password or\nGoogle account.\nYour Information\nOur Privacy Policy explains how we treat your personal data and protect your privacy when you\nuse the Service. The YouTube Kids Privacy Notice provides additional information about our\nprivacy practices that are specific to YouTube Kids.\nWe will process any audio or audiovisual content uploaded by you to the Service in accordance\nwith the YouTube Data Processing Terms, except in cases where you uploaded such content for\npersonal purposes or household activities. Learn More.\nPermissions and Restrictions\nYou may access and use the Service as made available to you, as long as you comply with this\nAgreement and the law. You may view or listen to Content for your personal, non-commercial use.\nYou may also show YouTube videos through the embeddable YouTube player.\nThe following restrictions apply to your use of the Service. You are not allowed to:\n1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter,\nmodify or otherwise use any part of the Service or any Content except: (a) as specifically\npermitted by the Service;  (b) with prior written permission from YouTube and, if applicable, the\nrespective rights holders; or (c) as permitted by applicable law;\n2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to\ndo any of these things), including security-related features or features that: (a) prevent or\nrestrict the copying or other use of Content; or (b) limit the use of the Service or Content;\n3. access the Service using any automated means (such as robots, botnets or scrapers) except:\n(a) in the case of public search engines, in accordance with YouTube’s robots.txt file; (b) with\nYouTube’s prior written permission; or (c) as permitted by applicable law;\n4. collect or use any information that might identify a person (for example, harvesting\nusernames or faces), unless permitted by that person or allowed under section 3 above;\n5. use the Service to distribute unsolicited promotional or commercial content or other unwanted\nor mass solicitations (spam);\n\n6. cause or encourage any inaccurate measurements of genuine user engagement with the\nService, including by paying people or providing them with incentives to increase a video’s\nviews, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate\nmetrics;\n7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making\ngroundless, vexatious, or frivolous submissions;\n8. run contests on or through the Service that do not comply with YouTube’s contest policies and\nguidelines;\n9. use the Service to view or listen to Content other than for personal, non-commercial use (for\nexample, you may not publicly screen videos or stream music from the Service); or\n10. use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or\nwithin the Service or Content, other than those allowed in the Advertising on YouTube policies\n(such as compliant product placements); or (b) sell advertising, sponsorships, or promotions\non any page of any website or application that only contains Content from the Service or\nwhere Content from the Service is the primary basis for such sales (for example, selling ads\non a webpage where YouTube videos are the only content of value).\nReservation\nAny right not expressly granted to you in this Agreement remains the right of YouTube or the\nrespective rights holders. This means, for example, that using the Service does not give you\nownership of any intellectual property rights in the Content you access (including any branding\nused on or displayed in the Service).\nDevelop, Improve and Update the Service\nYouTube is constantly changing and improving the Service. As part of this continual evolution of\nour digital content and services, we may make modifications or changes (to all or part of the\nService) such as adding or removing features and functionalities, offering new digital content or\nservices or discontinuing old ones. We may also change the Service for these other reasons:\nto adapt to new technologies\nto reflect increases or decreases in the number of people who use a particular product, service\nor feature\nto respond to key changes in the licences and partnerships we have with others\nto prevent abuse or harm\nto address legal, regulatory, safety or security issues.\nIn particular, we sometimes make legally-required updates, which are modifications that keep\ndigital content, services or goods in conformity with the law. We make these updates to our digital\n\ncontent and services for safety or security reasons, and to make sure they meet the quality\nstandards that you expect, such as those described in our Legal Guarantee below.  We may\nautomatically install updates that address significant safety or security risks. For other updates, you\ncan choose whether you want them installed.\nBefore we change or stop offering any part of the Service, we carefully consider your interests as a\nuser, your reasonable expectations, and the potential impact on you and others. We only change or\nstop offering any part of the Service for valid reasons. If a modification negatively affects your\nability to access or use the Service, we’ll provide you with reasonable advance notice by email,\nincluding a description of the changes, when they’ll take place, and your right to end your contract\nwith us if our modifications create more than a minor negative impact, except in urgent situations\nsuch as preventing abuse or harm, responding to legal requirements, or addressing security and\noperability issues. We’ll also provide you with an opportunity to export your Content using Google\nTakeout, subject to applicable law and policies. \nYour Content and Conduct\nUploading Content\nIf you have a YouTube channel, you may be able to upload Content to the Service. You may use\nyour Content to promote your business or artistic enterprise. If you choose to upload Content, you\nmust not submit to the Service any Content that does not comply with this Agreement or the law.\nFor example, the Content you submit must not include third-party intellectual property (such as\ncopyrighted material) unless you have permission from that party or are otherwise legally entitled to\ndo so (including by way of any available exceptions or limitations to copyright or related rights\nprovided for in European Union law). You are legally responsible for the Content you submit to the\nService. We may use automated systems that analyze your Content to help detect infringement\nand abuse, such as spam, malware, and illegal content.\nRights you Grant\nYou retain all of your ownership rights in your Content. In short, what belongs to you stays yours.\nHowever, we do require you to grant certain rights to YouTube and other users of the Service, as\ndescribed below.\nLicence to YouTube\nBy providing Content to the Service, you grant to YouTube a worldwide, non-exclusive, royalty-free,\ntransferable, sublicensable licence to use that Content (including to reproduce, distribute,\nmodify, display and perform it) for the purpose of operating, promoting, and improving the Service.\nLicence to Other Users\n\nYou also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to\naccess your Content through the Service, and to use that Content (including to reproduce,\ndistribute, modify, display, and perform it) only as enabled by a feature of the Service.\nDuration of Licence\nThe licences granted by you continue until the Content is removed as described below. Once\nremoved, the licences will terminate, except where the operation of the Service, use of Content\npermitted before your removal, or the law requires otherwise.  For example, removal of Content by\nyou does not require YouTube to: (a) recall Content that is being used by other users within any\nlimited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep\nfor legal purposes.\nRight to Monetize\nYou grant to YouTube the right to monetize your Content on the Service (and such monetization\nmay include displaying ads on or within Content or charging users a fee for access). This\nAgreement does not entitle you to any payments. Starting June 1, 2021, any payments you may be\nentitled to receive from YouTube under any other agreement between you and YouTube (including\nfor example payments under the YouTube Partner Program, Channel memberships or Super Chat)\nwill be treated as royalties.  If required by law, Google will withhold taxes from such payments.\nRemoving Your Content\nYou may remove your Content from the Service at any time. You also have the option to make a\ncopy of your Content before removing it. You must remove your Content if you no longer have the\nrights required by these terms.\nRemoval of Content By YouTube\nIf we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may\ncause harm to YouTube, our users, or third parties, we reserve the right to remove or take down\nsome or all of such Content. We will notify you with the reason for our action unless we reasonably\nbelieve that to do so: (a) would violate the law or the direction of a legal enforcement authority, or\nwould otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an\ninvestigation or the integrity or operation of the Service; or (c) would cause harm to any user, other\nthird party, YouTube or our Affiliates. You can learn more about reporting and enforcement,\nincluding how to appeal on the Troubleshooting page of our Help Center.\nCommunity Guidelines Strikes\nYouTube operates a system of “strikes” in respect of Content that violates the YouTube Community\nGuidelines. Each strike comes with varying restrictions and may result in the permanent removal of\nyour channel from YouTube.  A full description of how a strike affects your channel is available on\n\nthe Community Guidelines Strikes Basics page. If you believe that a strike has been issued in\nerror, you may appeal here.\nIf your channel has been restricted due to a strike, you must not use another channel to circumvent\nthese restrictions. Violation of this prohibition is a material breach of this Agreement and Google\nreserves the right to terminate your Google account or your access to all or part of the Service.\nCopyright Protection\nWe provide information to help copyright holders manage their intellectual property online in\nour YouTube Copyright Center. If you believe your copyright has been infringed on the Service,\nplease send us a notice.\nWe respond to notices of alleged copyright infringement according to the process in our YouTube\nCopyright Center, where you can also find information about how to resolve a copyright strike.\nYouTube's policies provide for the termination, in appropriate circumstances, of repeat infringers’\naccess to the Service.\nAccount Suspension and Termination\nTerminations by You\nYou may stop using the Service at any time. You can also delete the Service from your Google\nAccount, which involves closing your YouTube channel and removing your data, with the option to\ndownload a copy of your data first. \nTerminations and Suspensions by YouTube\nYouTube reserves the right to suspend or terminate your Google account or your access to all or\npart of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to\ndo so to comply with a legal requirement or a court order; or (c) we reasonably believe there has\nbeen conduct that creates liability or harm to any user, other third party, YouTube or our Affiliates.\nNotice for Termination or Suspension\nWe will notify you with the reason for termination or suspension by YouTube unless we reasonably\nbelieve that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b)\nwould compromise an investigation; (c) would compromise the integrity, operation or security of the\nService; or (d) would cause harm to any user, other third party, YouTube or our Affiliates.\nEffect of Account Suspension or Termination\nIf your Google account is terminated or your access to the Service is restricted, you may continue\nusing certain aspects of the Service (such as viewing only) without an account, and this Agreement\n\nwill continue to apply to such use. If you believe that the termination or suspension has been\nmade in error, you can appeal using this form.\nAbout Software in our Service\nDownloadable Software\nWhen the Service requires or includes downloadable software (such as the YouTube Studio\napplication), unless that software is governed by additional terms which provide a licence, YouTube\ngives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the\nsoftware provided to you by YouTube as part of the Service. This licence is for the sole purpose of\nenabling you to use and enjoy the benefit of the Service as provided by YouTube, in the manner\npermitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part\nof the software, or to reverse-engineer or attempt to extract the source code of that software,\nunless laws prohibit these restrictions or you have YouTube’s written permission.\nOpen Source\nSome software used in our Service may be offered under an open source licence. There may be\nprovisions in an open source licence that expressly override some of these terms.  If so, we will\nmake that open source licence available to you.\nOther Legal Terms\nLegal Guarantee\nIf you’re an EEA-based consumer, and you’ve agreed to our Terms of Service, then EEA consumer\nlaws provide you with a legal guarantee covering the digital content or services that we provide\nyou. Under this guarantee, we’re liable for any lack of conformity that you discover:\nwithin two years of the one-time supply of digital content or services (such as purchasing a\nmovie)\nat any time during the “continuous” supply of digital content or services (such as a paid\nsubscription)\nYour national laws may provide an even longer guarantee. Your rights under these legal\nguarantees aren’t limited by any other commercial guarantees that we provide. If you want\nto make a guarantee claim, please [contact us].\nDisclaimer\nBy law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in\nthis Agreement affects those rights you may have as a consumer. Other than as expressly stated in\nthis Agreement or as required by law (see the Legal Guarantee), YouTube does not make any\n\nspecific promises about the Service. For example, we don’t make any additional promises about:\nthe Content provided through the Service; the specific features of the Service, or its accuracy,\nreliability, availability, or ability to meet your needs; or that any Content you submit will be\naccessible or stored on the Service.\nLimitation of Liability\nAll users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or\npersonal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or\nlimited by law.\nTo the extent permitted by applicable law, YouTube and its Affiliates will not be responsible for:\n1. losses that were not caused by YouTube or its Affiliates’ breach of this Agreement;\n2. any loss or damage that was not, at the time that this Agreement was formed between you\nand YouTube, a reasonably foreseeable consequence of YouTube or its Affiliates breaching\nthis Agreement; or\n3. the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of\nany user.\nBusiness Users only: If you are using the Service for the purpose of your trade, business, craft or\nprofession, (a “Business User”), to the extent permitted by applicable law, the following limitations\nof liability will also apply:\n1. YouTube and its Affiliates will not be responsible for lost profits, revenues, or data; loss of\nopportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all\ncases whether such losses were foreseeable or not); and\n2. YouTube and its Affiliates’ total liability for any claims arising from or relating to the Service is\nlimited to the greater of: (a) the amount of revenue that YouTube has paid to you from your\nuse of the Service in the 12 months before the date of your notice, in writing to YouTube, of the\nclaim and (b) €500, whichever is higher.\nThird-Party Links\nThe Service may contain links to third-party websites and online services that are not owned or\ncontrolled by YouTube. YouTube has no control over, and assumes no responsibility for, such\nwebsites and online services. Be aware when you leave the Service; we suggest you read the\nterms and privacy policy of each third-party website and online service that you visit.\nAbout this Agreement\nChanging this Agreement\n\nWe may change this Agreement (1) to reflect changes to our Service or how we do business - for\nexample, when we add new products or features or remove old ones, (2) for legal, regulatory, or\nsecurity reasons, or (3) to prevent abuse or harm.\nIf we materially change this Agreement, we’ll provide you with reasonable advance notice and the\nopportunity to review the changes, except (1) when we launch a new product or features, or (2) in\nurgent situations, such as preventing ongoing abuse or responding to legal requirements. If you\ndon’t agree to the new terms you should remove any Content you uploaded and stop using the\nService.\nContinuation of this Agreement\nIf your use of the Service ends, the following terms of this Agreement will continue to apply to you:\n“Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in\nlimited cases as described under “Duration of License”.\nSeverance\nIf it turns out that a particular term of this Agreement is not enforceable for any reason, this will not\naffect any other terms.\nAssignment\nYouTube may transfer all or part of this Agreement to an Affiliate or, if YouTube is sold, to a third\nparty.\nNo Waiver\nIf you do not comply with this Agreement and we do not take action immediately, this doesn’t mean\nthat we are giving up any rights that we may have (such as the right to take action in the future).\nGoverning Law\nIf you live in the European Economic Area, or Switzerland, this Agreement, and your relationship\nwith YouTube under this Agreement, will be governed by the laws of your country of residence, and\nlegal proceedings may be brought in your local courts.\nEEA Instructions on Withdrawal\nIf you’re an EEA-based consumer, then starting on May 28, 2022, EEA consumer law gives you the\nright to withdraw from this contract as described in the EU’s Model Instructions on Withdrawal,\nprovided below:\nRight of withdrawal\n\nYou have the right to withdraw from this contract within 14 days without giving any reason.\nThe withdrawal period will expire after 14 days from the day of the conclusion of the contract.\nTo exercise the right of withdrawal, you must inform us of your decision to withdraw from this\ncontract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can contact us by\nemail at account-withdrawal@google.com; by phone +35 31800832663 (see below for country-\nspecific telephone numbers); or by writing to us at Google Ireland Limited, Gordon House, Barrow\nStreet, Dublin 4, Ireland. You may use the attached model withdrawal form, but it is not obligatory.\nYou can also electronically fill in and submit the model withdrawal form or any other unequivocal\nstatement on our website (g.co/EEAWithdrawalForm). If you use this option, we will communicate\nto you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail)\nwithout delay.\nTo meet the withdrawal deadline, it is sufficient for you to send your communication concerning\nyour exercise of the right of withdrawal before the withdrawal period has expired.\nEffects of withdrawal\nIf you withdraw from this contract, we shall reimburse to you all payments received from you,\nincluding the costs of delivery (with the exception of the supplementary costs resulting from your\nchoice of a type of delivery other than the least expensive type of standard delivery offered by us),\nwithout undue delay and in any event not later than 14 days from the day on which we are\ninformed about your decision to withdraw from this contract. We will carry out such reimbursement\nusing the same means of payment as you used for the initial transaction, unless you have\nexpressly agreed otherwise; in any event, you will not incur any fees as a result of such\nreimbursement.\nModel withdrawal form\n(complete and return this form only if you wish to withdraw from the contract)\n— To __Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, [account-\nwithdrawal@google.com]__:\n— I hereby give notice that I withdraw from my contract of sale for the provision of the following\nservice, __________________________________________\n— Ordered on, _____________________________                                \n— Name of consumer, _______________________\n— Address of consumer, _____________________\n\n— Signature of consumer (only if this form is notified on paper), ___________________\n— Date _______________\nContact Google to withdraw from these terms\nCountry         Phone number\nAustria                      0800-001-180          \nBelgium              0800-58-142        \nBulgaria          0800-14-744\nCzechia         800-720-070\nCyprus                800-92-492\nCroatia                 0800-787-086\nDenmark         80-400-111\nEstonia                 800-2643\nFinland                 0800-520-030\nFrance                 0805-98-03-38\nGermany         0800-627-0502\nGreece                00800-4920-00536\nHungary        06-80-200-148\nIceland                800-4177\nIreland                1-800-832-663\nItaly                800-598-905\nLatvia                802-05-391\nLiechtenstein        800-566-814\n\nLithuania        8-800-00-163\nLuxemburg        800-40005\nMalta                800-62-257\nNetherlands        0800-360-0010\nNorway                800-620-68\nPoland                0800-410-575\nPortugal        808-203-430\nRomania        0800-672-350\nSlovakia         0800-500-932\nSlovenia        080-688-882\nSpain                   0900-906-451\nSweden             020-012-5241              \nEffective as of January 5, 2022 (view previous version)\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":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"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":0,"explanation":"Only Businesses 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":"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":"Lack of choice of law"},{"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":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a 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":0,"explanation":"When the company reserves the right to change the service without a valid reason specified in the contract (the company reserves the right to change the service in a vague way, by using non-precise, general reasons that are hard to interpret by the consumer and give the company freedom to understand them broader than necessary)"},{"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":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":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":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"}]}