{"service":{"name":"Snapchat","url":"https://www.snap.com/en-GB/terms#terms-row","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Free","date":"30.09.2021"},"document":{"title":"","text":"Snap Group Limited Terms of Service\n(If you live outside the United States)\nEffective: 30 September 2021\nWelcome!\nWe’ve drafted these Terms of Service (which we call the “Terms”), so you’ll know the rules that govern our\nrelationship with you as a user of our Services. Although we have tried our best to strip the legalese from the\nTerms, there are places where they may still read like a traditional contract. There’s a good reason for that:\nthese Terms form a legally binding contract between you and Snap Inc. (“Snap”). So please read them\ncarefully.\nIn order to use Snapchat, Bitmoji, or any of our other products or services that are subject to these Terms\n(which we refer to collectively as the “Services”), you must accept these Terms, which are presented to you\n(i) when you first open the app and (ii) when we make any material changes to these Terms. Of course, if you\ndon’t accept them, then don’t use the Services.\nThese Terms apply if you live in the United States or if your principal place of business is in the United\nStates. If you live outside of the United States or if your principal place of business is outside of the United\nStates, Snap Group Limited provides you the Services and your relationship is governed by the Snap Group\nLimited Terms of Service.\nARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS,\nTHEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS\nLATER IN THESE TERMS.\n1. Who can use the services\nNo one under 13 (or, if greater than 13, the minimum age at which a person may use the Services in your\ncountry) is allowed to create an account or use the Services. If you are under 18 (or the legal age of majority\nin your country), you may only use the Services with the prior consent of your parent or legal guardian.\nPlease be sure your parent or legal guardian has reviewed and discussed these Terms with you before you\nstart using the Services. We may offer additional Services with additional terms that may require you to be\neven older to use them. So please read all terms carefully. By using the Services, you represent, warrant, and\nstate that:\nYou are forming a binding contract with Snap;\nYou are not a person who is barred from using the Services under the laws of the United States, the United\nKingdom, or any other applicable jurisdiction—including, for example, that you do not appear on the U.S.\nTreasury Department’s list of Specially Designated Nationals or face any other similar prohibition;\n\nYou are not a convicted sex offender; and\nYou will comply with these Terms and all applicable local, state, national and international laws, rules and\nregulations.\nIf you are using the Services on behalf of a business or some other entity, you state that you are authorised to\nbind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity\n(and all references to “you” and “your” in these Terms will mean both you as the end user and that business\nor entity).\n2. Rights we grant you\nAs between you and us, Snap (and its licensors) is the owner of the Services, including all proprietary\ncontent, information, material, software, images, text, graphics (including any Bitmoji avatars that you may\nassemble using visual elements we provide), illustrations, logos, patents, trademarks, service marks,\ncopyrights, photographs, audio, video, music and “look and feel” of the Services and all related intellectual\nproperty rights. Snap grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable and\nnon-sublicensable licence to use the Services. This licence is for the sole purpose of using and enjoying the\nServices in a way that these Terms and our policies, such as our Community Guidelines and Sounds on\nSnapchat Guidelines, allow. You may not use the Services in ways that are not authorised by these Terms.\nNor may you help anyone else in doing so.\n3. Rights you grant us\nMany of our Services let you create, upload, post, send, receive and store content. When you do that, you\nretain whatever ownership rights to that content you had to begin with. But, you grant us a licence to use that\ncontent. How broad that licence is depends on which Services you use and the settings you have selected.\nFor all content you submit to the Services, you grant Snap and our affiliates a worldwide, royalty-free, sub-\nlicencable, and transferable licence to host, store, cache, use, display, reproduce, modify, adapt, edit, publish,\nanalyse, transmit, and distribute that content. This licence is for the limited purpose of operating, developing,\nproviding, promoting and improving the Services and researching and developing new ones. This licence\nincludes a right for us to make your content available to, and pass these rights along to, other service\nproviders with whom we have contractual relationships related to the provision of the Services, solely for the\npurpose of providing such Services.\nWe call Story submissions as “Public Content\" that are set to be viewable by everyone as well as content you\nsubmit to public Services, like Public Profiles, Snap Map, or Lens Studio. Because Public Content is\ninherently public, you grant Snap, our affiliates, other users of the Services, and our business partners all of\nthe same rights you grant for non-Public Content in the previous paragraph, as well as a worldwide, royalty-\nfree, and irrevocable right and licence to create derivative works from, promote, exhibit, broadcast,\nsyndicate, reproduce, distribute, synchronise, overlay graphics and auditory effects on, publicly perform, and\npublicly display all or any portion of your Public Content (including the separate video, image, sound\nrecording, or musical compositions contained therein) in any form and in any and all media or distribution\nmethods, now known or later developed. When you appear in, create, upload, post, or send Public Content\n\n(including your Bitmoji), you also grant Snap, our affiliates, other users of the Services, and our business\npartners an unrestricted, worldwide, royalty-free, and irrevocable right and licence to use the name, likeness,\nand voice, of anyone featured in your Public Content. This means, among other things, that you will not be\nentitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name,\nlikeness, or voice are used by us, our affiliates, users of the Services, or our business partners. The licences\ngranted by you for Public Content continue for so long as the Public Content is on the Services and for a\nreasonable period of time after you remove or delete the Public Content from the Services (provided we may\nretain server copies of your Public Content indefinitely). For information about how to tailor who can watch\nyour content, please take a look at our Privacy Policy and Support Site. All Public Content must be\nappropriate for people ages 13+.\nTo the extent permissible by law, you irrevocably waive—or agree not to assert against Snap or its affiliates\n—any moral rights or equivalent rights you may have in content you share on the Services throughout the\nworld.\nWhile we’re not required to do so, we reserve the right to access, review, screen, and delete any content (i)\nwhich we think violates these Terms, including any additional terms referenced in Section 4, or our policies,\nsuch as our Community Guidelines, or (ii) if necessary to comply with our legal obligations. However, you\nalone remain responsible for the content you create, upload, post, send or store through the Service.\nWe, Snap Inc., our affiliates, and our third-party partners may place advertising on the Services, including\npersonalised advertising—with your consent, where required—based on the information you provide us, we\ncollect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.\nWe always love to hear from our users. But if you provide feedback or suggestions, just know that we can\nuse them without compensating you and without any restriction or obligation to you. You agree that we will\nown all rights in any materials or items we develop based on such feedback or suggestions.\n4. Additional terms for specific Services\nAdditional terms and conditions listed on the Snap Terms & Policies page or that are otherwise made\navailable to you may apply to specific Services. If you use those Services, then those additional terms\nbecome part of these Terms. If any of the applicable additional terms conflict with these Terms, the additional\nterms will prevail while you are using the Services to which they apply.\n5. Privacy\nYour privacy matters to us. You can learn how your information is handled when you use our Services by\nreading our Privacy Policy.\n6. The Content of others\nMuch of the content on our Services is produced by users, publishers and other third parties. Whether that\ncontent is posted publicly or sent privately, the content is the sole responsibility of the user or entity that\nsubmitted it. Although, Snap reserves the right to review or remove all content that appears on the Services,\n\nwe do not necessarily review all of it. So we cannot—and do not—guarantee that other users or the content\nthey provide through the Services will comply with our Terms or Community Guidelines.\n7. Respecting the Services and Snap’s Rights\nYou must also respect Snap’s rights and adhere to the Snapchat Brand Guidelines, Bitmoji Brand Guidelines,\nand any other guidelines, support pages, or FAQ’s published by Snap or our affiliates. That means, among\nother things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:\nUse branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials\nthat Snap makes available via the Services, except as explicitly allowed by these Terms, the Snapchat\nBrand Guidelines, Bitmoji Brand Guidelines or other brand guidelines published by Snap Inc. or our\naffiliates;\nViolate or infringe Snap’s or our affiliates’ copyrights, trademarks, or other intellectual property rights;\nCopy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform,\ndisplay, make available, make derivatives of, or otherwise use the Services or the content on the Services,\nother than temporary files that are automatically cached by your web browser for display purposes, as\notherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as\nenabled by the Service’s intended functionality;\nCreate more than one account for yourself, create another account if we have already disabled your\naccount, attempt to access the Services through unauthorised third-party applications, solicit login\ncredentials from other users, or buy, sell, rent, or lease access to your account, a username, Snaps, or a\nfriend link;\nReverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying\nidea or algorithm), or otherwise extract the source code of the software of the Service;\nYou will not use any robot, spider, crawler, scraper or other automated means or interface to access the\nServices or extract other users’ information.\nYou will not use or develop any third-party applications that interact with the Services or other users’\ncontent or information without our written consent.\nYou will not use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit\nother users from fully enjoying the Services, or that could damage, disable, overburden, or impair the\nfunctioning of the Services in any manner;\nUpload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the\nServices;\nAttempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of\nthe Services that you are not authorised to access;\nProbe, scan, or test the vulnerability of our Services or any system or network;\n\nViolate any applicable law or regulation in connection with your access to or use of the Services; or\nAccess or use the Services in any way not expressly permitted by these Terms or our Community\nGuidelines.\n6. Respecting others’ rights\nSnap Inc. respects the rights of others. And so should you. You therefore may not use the Services, or enable\nanyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity,\nprivacy, copyright, trademark, or other intellectual property right. When you submit content to the Service,\nyou are solely responsible for ensuring and must ensure that you own that content, or that you have received\nall necessary permissions, clearances, and authorisations in order to submit it to the Service (including, if\napplicable, the right to make mechanical reproductions of the musical works embodied in any sound\nrecordings, synchronise any compositions to any content, publicly perform any compositions or sound\nrecordings, or any other applicable rights for any music not provided by Snap that you include in your\ncontent) and grant the rights and licenses contained in these Terms for your content. You also agree that you\nwill not use or attempt to use another user's account except as permitted by Snap or its affiliates.\nSnap honours copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to\nexpeditiously remove from our Services any infringing material that we become aware of. If Snap becomes\naware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to\nterminate the user’s account. If you believe that anything on the Services infringes a copyright that you own\nor control, please report it using the form accessible through this tool. Or you may file a notice with our\ndesignated agent: Snap Inc., Attn: Copyright Agent, 3000 31st Street, Santa Monica, CA 90405, email:\ncopyright@snap.com. Please don’t use this email address for anything other than reporting copyright\ninfringement, as such emails will be ignored. To report other forms of infringement on the Services, please\nuse the tool accessible here. If you file a notice with our Copyright Agent, it must:\nContain the physical or electronic signature of a person authorised to act on behalf of the copyright owner.\nIdentify the copyrighted work claimed to have been infringed.\nIdentify the material that is claimed to be infringing or to be the subject of infringing activity and that is to\nbe removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the\nmaterial.\nProvide your contact information, including your address, telephone number and an email address.\nProvide a personal statement that you have a belief in good faith that the use of the material in the manner\ncomplained of is not authorised by the copyright owner, its agent, or the law; and\nProvide a statement that the information in the notification is accurate and, under penalty of perjury, that\nyou are authorised to act on behalf of the copyright owner.\n9. Safety\n\nWe try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come\nin. By using the Services, you agree that you will at all times comply with these Terms, including\nour Community Guidelines and any other policies Snap makes available in order to maintain the safety of the\nServices.\nIf you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of\nyour account, and notify third parties—including law enforcement agencies—and provide those third parties\nwith information relating to your account. This step may be necessary to protect the safety of our users, and\nothers, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or\nsecurity concerns.\nWe also care about your physical safety while using our Services. So do not use our Services in a way that\nwould distract you from obeying traffic or safety laws. For example, never use the Services while driving.\nAnd never put yourself or others in harm’s way just to capture a Snap.\n10. Your account\nTo use certain Services, you need to create an account. You agree to provide us with accurate, complete, and\nupdated information for your account. You are responsible for any activity that occurs in your Snapchat\naccount. So it’s important that you keep your account secure. One way to do that is to create a strong\npassword that you don’t use for any other account. If you think that someone has gained access to your\naccount, please reach out to Snapchat Support, immediately. Any software that we provide you may\nautomatically download and install upgrades, updates or other new features. You may be able to adjust these\nautomatic downloads through your device’s settings. You agree not to create any account if we have\npreviously removed or banned you or your account from any of our Services, unless we consent otherwise.\n11. Memories\nMemories is our data-storage service that makes it easier for you to reminisce anytime, anywhere. By\nagreeing to these Terms, you automatically enable Memories. Once Memories is enabled, it will remain\nenabled for as long as you maintain your Snapchat account. But you can always turn off certain Memories\nfeatures through Settings.\nOne of the options we provide with Memories is the ability to create a restricted area by setting a passcode,\nwhich might be a PIN or a passphrase or some other mechanism. This is similar to the device-lock option\nyou may be using on your mobile device; by setting a passcode, you make it less likely that another person\nwho gets hold of your device will be able to see what you saved to the restricted area of Memories. But\nhere’s a big warning: if you lose or forget your Memories passcode, or if you enter the wrong one too\nmany times, you will lose access to any content you saved in the restricted area of Memories. We don’t\noffer any passcode recovery features for this restricted area. You are solely responsible for remembering your\npasscode. Please go to our Support Site for more details on passcodes.\nYour content in Memories might become unavailable for any number of reasons, including things like an\noperational glitch or a decision on our end to terminate your account. Since we can’t promise that your\ncontent will always be available, we recommend keeping a separate copy of content you save to Memories.\n\nWe make no promise that Memories will be able to accommodate your precise storage needs. We reserve the\nright to set storage limits for Memories, and we may change these limits from time to time in our sole\ndiscretion. And just as with our other Services, your use of Memories may take up space on your device and\nmay incur mobile data charges.\n12. Data Charges and Mobile Phones\nYou are responsible for any mobile charges that you may incur for using our Services, including text-\nmessaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure\nwhat those charges may be, you should ask your service provider before using the Services.\nBy providing us with your mobile phone number, you agree to receive SMS from Snap related to the\nServices, including about promotions, your account, and your relationship with Snap. These SMS may be\nmade to your mobile phone number even if your mobile phone number is registered on any kind of “Do Not\nCall” list, or international equivalent.\nIf you change or deactivate the mobile phone number that you used to create a Snapchat account, you must\nupdate your account information through Settings within 72 hours to prevent us from sending to someone\nelse messages intended for you to someone else.\n13. Third-Party Services\nCertain Services may display, include or make available content, data, information, applications, features or\nmaterials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you\nuse any Third-Party materials made available through our Services (including Services we jointly offer with\nthe third party), each party’s terms will govern the respective party’s relationship with you. Neither Snap\nInc., nor any of our affiliates are responsible or liable for a third party’s terms or actions taken under the third\nparty’s terms. Further, by using the Services, you acknowledge and agree that Snap is not responsible for\nexamining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright\ncompliance, legality, decency, quality or any other aspect of such Third-Party materials or websites. We do\nnot warrant or endorse and do not assume and will not have any liability or responsibility to you or any other\nperson for any third-party services, Third-Party Materials or third-party websites, or for any other materials,\nproducts, or services of third parties. Third-Party Materials and links to other websites are provided solely as\na convenience to you.\n14. Modifying the Services and Termination\nWe’re relentlessly improving our Services and creating new ones all the time. That means we may add or\nremove features, products or functionalities, and we may also suspend or stop the Services altogether. We\nmay take any of these actions at any time and, when we do, we will try to notify you beforehand – but this\nwon't always be possible.\nWhile we hope you remain a lifelong Snapchatter, you can terminate these Terms at any time and for any\nreason by deleting your Snapchat account (or, in some cases, the account associated with the applicable part\nof the Services you are using).\n\nWe may terminate or temporarily suspend your access to the Services if you fail to comply with these Terms,\nour Community Guidelines or the law, for any reason outside of our control, or for any reason, and without\nadvanced notice. That means that we may terminate these Terms, stop providing you with all or any part of\nthe Services, or impose new or additional limits on your ability to use our Services. And while we’ll try to\ngive you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances.\nFor example, we may deactivate your account due to prolonged inactivity, and we may reclaim your\nusername at any time for any reason.\nRegardless of who terminates these Terms, both you and Snap continue to be bound by Sections 3, 4 (to the\nextent any additional terms and conditions would, by their terms, survive), and 6 - 22 of the Terms.\n15. Indemnity\nYou agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap, our affiliates,\ndirectors, officers, stockholders, employees, licensors, and agents from and against any and all complaints,\ncharges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out\nof, or relating in any way to: (a) your access to or use of the Services; (b) your content, including\ninfringement claims related to your content; (c) your breach of these Terms or any applicable law or\nregulation; or (d) your negligence or wilful misconduct.\n16. Disclaimers\nWe will try hard to keep the Services up and running and free of annoyances. But we make no promises that\nwe will succeed.\nThe Services are provided “as is” and “as available” and to the extent permitted by law and except as\nstated above, without warranties of any kind, either express or implied, including, in particular\nimplied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality,\nfitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course\nof dealing. In addition, while Snap Group Limited attempts to provide a good user experience, we do\nnot represent or warrant that: (a) the Services will always be entirely secure, error-free or timely; (b)\nthe Services will always function without delays, disruption or imperfections; or (c) that any content or\ninformation you obtain through the Services will always be timely or accurate.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS\nOF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY\nTO THE EXTENT PROHIBITED.\nTo the fullest extent permitted by law, Snap Group Limited, Snap Inc., and our affiliates take no\nresponsibility and assume no liability for any content that you, another user, or a third party creates,\nuploads, posts, sends, receives, views, or stores on or through our Services and you understand and\nagree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise\ninappropriate, none of which Snap Group Limited, Snap Inc., nor our affiliates will be responsible for.\n\nNothing in these Terms will exclude or limit any responsibility we may have to remove content if so\nrequired by the law of the country where you live.\n17. Limitation of Liability\nSnap Group Limited, Snap Inc. and our affiliates, directors, officers, stockholders, employees,\nlicensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential,\npunitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or\nindirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of\nthe Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the\nconduct or content of other users or third parties on or through the Services; or (d) unauthorised\naccess, use or alteration of your content. Except to the extent specified otherwise in any other\napplicable terms of Snap Group Limited, Snap Inc., or our affiliates, in no event will Snap Group\nLimited, Snap Inc., or our affiliates’ aggregate liability for all claims relating to the Services exceed the\ngreater of (a) €100 EUR, and (b) the amount you paid Snap Group Limited in the last 12 months for\nany Services.\nNothing in these Terms (or for the avoidance of doubt any other terms to which you are subject in\nrespect of the provision of Services by Snap Group Limited, Snap Inc. or their affiliates) shall exclude\nor limit Snap Group Limited’s, Snap Inc.’s or their affiliates’ liability for: a) death or personal injury\narising from their own respective intent or negligence; b) fraud or fraudulent misrepresentation; or c) any\nother liability to the extent that such liability may not be excluded or limited as a matter of law.\nFurther, nothing in these Terms affects your statutory rights as a consumer.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION\nOF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.\n18. Dispute Resolution and Arbitration\nIf you have a concern, let’s talk. Go ahead and contact us first, and we’ll do our best to resolve the issue.\nSome of our Services may have additional terms that contain dispute-resolution provisions unique to that\nService or your residency.\nIf you are using the Services on behalf of a business (rather than for your personal use), you and Snap\nGroup Limited agree that to the extent permitted by law, all claims and disputes between us arising\nout of or relating to these Terms or the use of the Services will be finally settled through binding\narbitration under the LCIA Arbitration Rules, which are incorporated by reference into this clause.\nThere will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London and the\narbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the\nServices.\n19. Exclusive Venue\n\nTo the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Snap\nGroup Limited agree that all claims and disputes (whether contractual or otherwise) arising out of or relating\nto the Terms or the use of the Services will be litigated exclusively in the courts of England in the United\nKingdom, unless this is prohibited by the laws of the country where you reside. You and Snap Group Limited\nconsent to the exclusive jurisdiction of those courts.\n19. Choice of law\nThe laws of England and Wales govern these Terms and any claims and disputes (whether contractual\ncontract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. The courts in\nsome countries may not apply the laws of England and Wales to some disputes related to these Terms. If you\nreside in one of those countries, the laws of your home country may apply to those disputes.\n21. Severability\nIf any provision of these Terms is found unenforceable, then that provision will be severed from these Terms\nand not affect the validity and enforceability of any remaining provisions.\n22. Final terms\nThese Terms, including the additional terms referenced in Section 4, make up the entire agreement between\nyou and Snap, and supersede any prior agreements. These Terms do not create or confer any third-party\nbeneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We\nreserve the right to transfer our rights under these Terms and provide the Services using another entity,\nprovided that entity upholds these Terms. You may not transfer any of your rights or obligations under these\nTerms without our consent. We reserve all rights not expressly granted to you.\nContact us\nSnap Group Limited welcomes comments, questions, concerns or suggestions. You can contact us or get\nsupport by using this online form.\nThe company responsible for the Services outside the United States is called Snap Group Limited and is\nlocated in the United Kingdom at 77 Shaftesbury Avenue, London, W1D 5DU, United Kingdom. Registered\ncompany number: 09763672. VAT ID: GB 237218316.\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":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"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 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":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"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":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or 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":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"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"}]}