{"service":{"name":"DoorDash","url":"https://help.doordash.com/consumers/s/terms-and-conditions-us?language=en_US","lang":"ENG","sector":"Food","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"29.03.2021"},"document":{"title":"","text":"Terms and Conditions - United States\nDoorDash Consumers\nTerms and Conditions Agreement\nTerms and Conditions Agreement\nTerms and Conditions Agreement\nTerms and Conditions Agreement\nTerms and Conditions Agreement\nEffective: March 29, 2021\nPLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS\n(“AGREEMENT”\n“AGREEMENT”\n“AGREEMENT”\n“AGREEMENT”\n“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOORDASH,\nINC., A DELAWARE CORPORATION, AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES,\nINCLUDING CAVIAR, LLC (COLLECTIVELY, “DOORDASH,” “WE,” “US,” OR “OUR”\n“DOORDASH,” “WE,” “US,” OR “OUR”\n“DOORDASH,” “WE,” “US,” OR “OUR”\n“DOORDASH,” “WE,” “US,” OR “OUR”\n“DOORDASH,” “WE,” “US,” OR “OUR”).\nSECTION 12\nSECTION 12\nSECTION 12\nSECTION 12\nSECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nOF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nOF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nOF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nOF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nCLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nINCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nBEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nSETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nEXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nFINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nYOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\nOR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\n12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nAND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nCOULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nREGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION\nAGREEMENT.\nAGREEMENT.\nAGREEMENT.\nAGREEMENT.\nAGREEMENT.\n \n1. Acceptance of this Agreement\nDoorDash, including its wholly-owned subsidiary Caviar, provides an online marketplace connection,\nusing web-based technology that connects you and other consumers, restaurants and/or other businesses\nand independent delivery contractors (“Contractors”).  DoorDash’s software permits consumers to place\norders for food and/or other goods from various restaurants and businesses, either for delivery or pickup\n(the “Software”). Once a delivery order is made, the Software notifies Contractors that a delivery\nopportunity is available and the Software facilitates completion of the delivery to the consumer. Once a\npickup order is made, the Software communicates with the customer regarding the availability of the\norder for pickup. DoorDash is not a restaurant, delivery service, or food preparation business.\n\nIf you access any of our websites located at https://www.doordash.com/ and https://trycaviar.com, install\nor use our DoorDash or Caviar mobile application, install or use any other software supplied by\nDoorDash, or access any information, function, or service available or enabled by DoorDash (each,\na “Service”\n“Service”\n“Service”\n“Service”\n“Service” and collectively, the “Services”\n“Services”\n“Services”\n“Services”\n“Services”), or complete the DoorDash account registration process,\nyou, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant\nthat: \n(a) you have read, understand, and agree to be bound by this Agreement; \n(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with DoorDash;\nand \n(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any\norganization on whose behalf you have created an account and to bind such organization to the\nAgreement.\nThe terms “User” and “Users” refer to all individuals and other persons who access or use the Services,\nincluding, without limitation, any organizations that register accounts or otherwise access or use the\nServices through their respective representatives. Except as otherwise provided in this Agreement, if you\ndo not agree to be bound by the Agreement, you may not access or use the Services.\n \n2. Modifications\nSubject to Section 12(k) of this Agreement, DoorDash reserves the right to modify the terms and\nconditions of this Agreement or its policies relating to the Software or Services at any time, effective\nupon posting of an updated version of this Agreement through the Services. You should regularly review\nthis Agreement, as your continued use of the Services after any such changes constitutes your agreement\nto such changes.\n \n3. Additional Terms and Policies\nBy using the Services, you agree to be bound by this Agreement and acknowledge and agree to the\ncollection, use, and disclosure of your personal information in accordance with DoorDash’s Privacy\nPolicy, which is incorporated in this Agreement by reference. You also agree to abide by any additional\nDoorDash policies for Users that are published on our website or mobile application.  Certain features of\nour Services may be subject to additional terms and conditions, which are incorporated herein by\nreference.\n \n4. Rules and Prohibitions\nWithout limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:\n(a) You will only use the Services for lawful purposes; you will not use the Services for sending or\nstoring any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct\nthat harms other Users, DoorDash employees, or our community.\n\n(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade\nsecrets, or other rights of any third party, including privacy or publicity rights.\n(c) You will only access the Services using means explicitly authorized by DoorDash.\n(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate\nheaders or identifiers to disguise the origin of any content transmitted through the Services.\n(e) You will not use the Services to cause nuisance, annoyance or inconvenience.\n(f) You will not use the Services, or any content accessible through the Services, for any commercial\npurpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant,\nUser or Contractor, unless DoorDash has given you prior permission to do so in writing.\n(g) You will not copy or distribute the Software or any content displayed through the Services, including\nMerchants’ menu content and reviews, for republication in any format or media.\n(h) You will not compile, directly or indirectly, any content displayed through the Services except for\nyour personal, noncommercial use.\n(i) The information you provide to us when you register an account or otherwise communicate with us is\naccurate, you will promptly notify us of any changes to such information, and you will provide us with\nwhatever proof of identity we may reasonably request.\n(j) You will keep secure and confidential your account password or any identification credentials we\nprovide you which allows access to the Services.\n(k) You will use the Software and Services only for your own use and will not directly or indirectly resell,\nlicense or transfer the Software, Services or content displayed by the Services to a third party.\n(l) You will not use the Services in any way that could damage, disable, overburden or impair any\nDoorDash server, or the networks connected to any DoorDash server.\n(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource,\ncomputer system, and/or network connected to any DoorDash server.\n(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent\nany security or authentication measures DoorDash may use to prevent or restrict access to the Services or\nuse of the Services or the content therein.\n(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web\ncrawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor\nany portion of our websites or any content on our websites.\n(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the\nServices.\n(q) You will not try to harm other Users, DoorDash, or the Services in any way whatsoever.\n\n(r) You will not engage in threatening, harassing, racist, sexist or any other behavior that DoorDash\ndeems inappropriate when using the Services. \n(s) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual\nproperty rights that you uncover in your use of the Services.\n(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at\nonce or by opening multiple accounts to benefit from offers available only to first-time users.\n(u) You will not attempt to undertake any of the foregoing.\nIn the event that we believe or determine that you have breached any of the aforementioned, we reserve\nthe right to suspend and/or permanently deactivate your account at our sole discretion.\n \n5. Contractors and Merchants Are Independent\nYou understand and agree that DoorDash provides a technology platform connecting you with\nindependent food service providers and others that provide the products offered through the Services\n(“Merchants\nMerchants\nMerchants\nMerchants\nMerchants”), and independent third-party contractors who provide delivery services (“Contractors\nContractors\nContractors\nContractors\nContractors”).\nYou acknowledge and agree that DoorDash does not itself prepare food or offer delivery services, and has\nno responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchant is the\nretailer; the services offered by DoorDash pursuant to this Agreement do not include any retail services\nor any food preparation services. DoorDash is not in the delivery business nor is it a common carrier.\nDoorDash provides a technology platform facilitating the transmission of orders by Users to Merchants\nfor pickup or delivery by Contractors. DoorDash will not assess or guarantee the suitability, legality or\nability of any Contractor or Merchant. You agree that DoorDash is not responsible for the Merchants’\nfood preparation or the safety of the food or whether the photographs or images displayed through the\nServices accurately reflect the food prepared by the Merchants and/or delivered by the Contractor, and\ndoes not verify Merchants’ compliance with applicable laws or regulations. DoorDash has no\nresponsibility or liability for acts or omissions by any Merchant or Contractor. \nYou agree that the goods that you purchase will be prepared by the Merchant you have selected, that title\nto the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the\nContractor will be directed by your instructions to transport the products to your designated delivery\nlocation. You agree that neither the Contractor nor DoorDash holds title to or acquires any ownership\ninterest in any goods that you order through the Services.\n \n6. User Account\nYou may be required to register for an account to use parts of the Services. You must provide accurate,\ncurrent, and complete information during the registration process and at all other times when you use the\nServices, and to update the information to keep it accurate, current, and complete. You are the sole\nauthorized user of any account you create through the Services. You are solely and fully responsible for\n\nall activities that occur under your password or account. You agree that you shall monitor your account to\nprevent use by minors, and you will accept full responsibility for any unauthorized use of your password\nor your account. You may not authorize others to use your User status, and you may not assign or\notherwise transfer your User account to any other person or entity. Should you suspect that any\nunauthorized party may be using your password or account, you will notify DoorDash immediately.\nDoorDash will not be liable and you may be liable for losses, damages, liability, expenses, and fees\nincurred by DoorDash or a third party arising from someone else using your account, regardless of\nwhether you have notified us of such unauthorized use. If you provide any information that is untrue,\ninaccurate, not current, or incomplete, or DoorDash has reasonable grounds to suspect that such\ninformation is untrue, inaccurate, not current, or incomplete, DoorDash has the right to suspend or\nterminate your account and refuse any and all current or future use of the Services (or any portion\nthereof). We may enable or require you to use a single pair of login credentials to use the DoorDash\nand/or Caviar services. You agree not to create an account or use the Services if you have been previously\nremoved by DoorDash, or if you have been previously banned from use of the Services.\n \n7. User Content\n(a) User Content.\nUser Content.\nUser Content.\nUser Content.\nUser Content. DoorDash may provide you with interactive opportunities through the Services,\nincluding, by way of example, the ability to post User ratings and reviews (collectively, “User Content”).\nYou represent and warrant that you are the owner of, or otherwise have the right to provide, all User\nContent that you submit, post and/or otherwise transmit through the Services. You further represent and\nwarrant that any User Content that you submit, post and/or otherwise transmit through the Services (i)\ndoes not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy\nright, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain\nmaterial that is false, intentionally misleading, or defamatory; (iii) does not contain any material that is\nunlawful; (iv) does not violate any law or regulation; and (v) does not violate this Agreement. You hereby\ngrant DoorDash a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide,\nfully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform,\ntranslate, create derivative works, distribute and/or otherwise use the User Content in connection with\nDoorDash’s business and in all forms now known or hereafter invented (“Uses”), without notification to\nand/or approval by you. You further grant DoorDash a license to use your username, first name and last\ninitial, and/or other User profile information, including without limitation, your ratings history, to\nattribute User Content to you in connection with such Uses, without notification or approval by you. You\nagree that this license includes the right for other Users to access and use your User Content in\nconjunction with participation in the Services and as permitted through the functionality of the Services.\nIn the interest of clarity, the license granted to DoorDash herein shall survive termination of the Services\nor your account. DoorDash reserves the right in its sole discretion to remove or disable access to any\nUser Content from the Services, suspend or terminate your account at any time, or pursue any other\nremedy or relief available under equity or law if you post any User Content that violates this Agreement\nor any community or content guidelines we may publish or that we consider to be objectionable for any\nreason. You agree that DoorDash may monitor and/or delete your User Content (but does not assume the\nobligation) for any reason in DoorDash’s sole discretion. DoorDash may also access, read, preserve, and\ndisclose any information as DoorDash reasonably believes is necessary to (a) satisfy any applicable law,\n\nregulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of\npotential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues,\n(d) respond to User support requests, or (e) protect the rights, property or safety of DoorDash, its Users\nand the public.\n(b) Feedback.\nFeedback.\nFeedback.\nFeedback.\nFeedback. You agree that any submission of any ideas, suggestions, and/or proposals to DoorDash\nthrough its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that\nDoorDash has no obligations (including without limitation, obligations of confidentiality) with respect to\nsuch Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and\nyou hereby grant to DoorDash a perpetual, irrevocable, transferable, fully paid, royalty-free, non-\nexclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify,\nremove, publicly perform, translate, create derivative works, distribute and/or otherwise use such\nFeedback.\n(c) Ratings and Reviews.\nRatings and Reviews.\nRatings and Reviews.\nRatings and Reviews.\nRatings and Reviews. To the extent that you are asked to rate and post reviews of Merchants or other\nbusinesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are\ngoverned by this Agreement. Ratings and Reviews are not endorsed by DoorDash and do not represent\nthe views of DoorDash or its affiliates. DoorDash shall have no liability for Ratings and Reviews or for\nany claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a\nhigh level of integrity with respect to Ratings and Reviews posted or otherwise made available through\nthe Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the\nMerchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for\nwhich you have an ownership interest, employment relationship or other affiliation or for any of that\ncompany’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food\nitems, or other benefits from a Merchant or business; (iv) any Rating or Review you submit will comply\nwith the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in\nAdvertising; and (v) your Rating or Review will comply with the terms of this Agreement. If we\ndetermine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings\nand Reviews or otherwise violates this Agreement, we may remove such User Content without notice.\n \n8. Communications with DoorDash\nBy creating a DoorDash account, you electronically agree to accept and receive communications from\nDoorDash, Contractors, or third parties providing services to DoorDash including via email, text\nmessage, calls, and push notifications to the cellular telephone number you provided to DoorDash. You\nunderstand and agree that you may receive communications generated by automatic telephone dialing\nsystems and/or which will deliver prerecorded messages sent by or on behalf of DoorDash, its affiliated\ncompanies and/or Contractor, including but not limited to communications concerning orders placed\nthrough your account on the Services. Message and data rates may apply. If you do not wish to receive\npromotional emails, text messages, or other communications, you may change your notification\npreferences by accessing Settings in your account. To opt out of receiving promotional text messages\n\nfrom DoorDash, you must reply “STOP” from the mobile device receiving the messages. For purposes of\nclarity, delivery text messages between you and Dashers are transactional text messages, not promotional\ntext messages. \n \n9. E-SIGN Disclosure\nBy creating a DoorDash account, you also consent to the use of an electronic record to document your\nagreement. You may withdraw your consent to the use of the electronic record by emailing DoorDash\nat privacy@doordash.com with “Revoke Electronic Consent” in the subject line.\nTo view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile\nphone) with a web browser and Internet access and (ii) either a printer or storage space on such device.\nFor a free paper copy, or to update our records of your contact information, email DoorDash\nat privacy@doordash.com with contact information and your mailing address.\n \n10. Intellectual Property Ownership\nDoorDash alone (and its licensors, where applicable) shall own all right, title and interest, including all\nrelated intellectual property rights, in and to the Software and the Services. This Agreement is not a sale\nand does not convey to you any rights of ownership in or related to the Software or the Services, or any\nintellectual property rights owned by DoorDash. DoorDash names, DoorDash logos, and the product\nnames associated with the Software and Services are trademarks of DoorDash or third parties, and no\nright or license is granted to use them. You agree that you will not remove, alter or obscure any\ncopyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying\nthe Software or the Services.\n11. Payment Terms\n(a) Prices & Charges.\nPrices & Charges.\nPrices & Charges.\nPrices & Charges.\nPrices & Charges. You understand that: (a) the prices for menu or other items displayed through the\nServices may differ from the prices offered or published by Merchants for the same menu or other items\nand/or from prices available at third-party websites and that such prices may not be the lowest prices at\nwhich the menu or other items are sold; (b) DoorDash has no obligation to itemize its costs, profits or\nmargins when publishing such prices; and (c) DoorDash reserves the right to change such prices at any\ntime, at its discretion. For certain transactions, the subtotals shown at checkout are estimates that may be\nhigher or lower depending on the final in- store totals. In those situations, DoorDash reserves the right to\ncharge your payment method the final price after checkout. You are liable for all transaction taxes on the\nServices provided under this Agreement (other than taxes based on DoorDash’s income). In the event that\nthe charge to your payment method may incorrectly differ from the total amount, including subtotal, fees,\nand gratuity, displayed to you at checkout and/or after gratuity is selected, DoorDash reserves the right to\nmake an additional charge to your payment method after the initial charge so that the total amount\ncharged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected.\nAll payments will be processed by DoorDash or its payments processor, using the preferred payment\n\nmethod designated in your account. If your payment details change, your card provider may provide us\nwith updated card details. We may use these new details or details from other cards on file in order to\nhelp prevent any interruption to your Use of the Services. If you would like to use a different payment\nmethod or if there is a change in payment method, please update your billing information.\n(b) No Refunds.\nNo Refunds.\nNo Refunds.\nNo Refunds.\nNo Refunds. Charges paid by you for completed and delivered orders are final and non-refundable.\nDoorDash has no obligation to provide refunds or credits, but may grant them, in each case in\nDoorDash’s sole discretion.\n(c) Promotional Offers and Credits.\nPromotional Offers and Credits.\nPromotional Offers and Credits.\nPromotional Offers and Credits.\nPromotional Offers and Credits. DoorDash, at its sole discretion, may make promotional offers with\ndifferent features and different rates to any User. These promotional offers are subject to the terms of this\nAgreement and may be valid only for certain Users as indicated in the offer. You agree that promotional\noffers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner;\n(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public,\nunless expressly permitted by DoorDash; (iii) are subject to the specific terms that DoorDash establishes\nfor such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for\nuse after the date indicated in the offer or in DoorDash’s Terms and Conditions for Promotional Offers\nand Credits. DoorDash reserves the right to withhold or deduct credits or benefits obtained through a\npromotion in the event that DoorDash determines or believes that the redemption of the promotion or\nreceipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion\nterms or this Agreement. DoorDash reserves the right to modify or cancel an offer at any time.\nDoorDash’s Terms and Conditions for Promotional Offers and Credits (the current version of which is\navailable at https://help.doordash.com/consumers/s/article/offer-terms-conditions and which is\nincorporated in this Agreement by reference) apply to all promotional offers. You agree that we may\nchange DoorDash’s Terms and Conditions for Promotional Offers and Credits at any time. DoorDash\nmay also offer gratuitous credits, which can be used for the Services. Any credit issued by DoorDash is\nvalid for 6 months from the date of issue except to the extent prohibited under applicable law and may\nnot be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your\naccount. Expired credits are no longer redeemable and cannot be used towards any order. Credits issued\nthrough a User’s DoorDash and Caviar account may only be redeemed through that respective brand’s\nServices.\n(d) Fees for Services.\nFees for Services.\nFees for Services.\nFees for Services.\nFees for Services. DoorDash may change the fees for our Services as we deem necessary or\nappropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees,\nand Surge Fees.  DoorDash may also charge merchants fees on orders that you place through the\nServices, including commissions and other fees, and may change those merchant fees as we deem\nnecessary or appropriate for our business or to comply with applicable law.\n(e) Referral Program.\nReferral Program.\nReferral Program.\nReferral Program.\nReferral Program. DoorDash’s Referral Program Terms and Conditions are available\nat https://www.doordash.com/referral-terms/ (“Referral Program”). Under the Referral Program,\nDoorDash offers its registered Users in good standing the opportunity to earn gratuitous DoorDash\ncredits as promotional rewards by inviting their eligible friends to register as new DoorDash Users and\nplace their initial order through the Services by using a unique referral ID link (“Personal Link”\n“Personal Link”\n“Personal Link”\n“Personal Link”\n“Personal Link”). For\neach Qualified Referral (as defined in the Referral Program) generated through a User’s Personal Link,\n\nthe User may receive a gratuitous credit as specified on DoorDash’s Referral Program page. You agree\nthat we may change the terms and conditions of the Referral Program or terminate the Referral Program\nat any time.\n(f) DashPass Subscriptions.\nDashPass Subscriptions.\nDashPass Subscriptions.\nDashPass Subscriptions.\nDashPass Subscriptions. \nGeneral: DashPass is an automatically renewing subscription requiring recurring payments. A DashPass\nsubscription grants you access to reduced fees on orders placed through the Services for eligible\nrestaurants with a minimum subtotal as stated when you sign up (excluding taxes and tips) (“Reduced\nFees”). Reduced Fees and other DashPass benefits may be redeemed only at eligible restaurants, as\nindicated through the Services. DoorDash reserves the right to change whether a restaurant is eligible for\nDashPass at any time with or without notice. DashPass orders are subject to delivery driver and\ngeographic availability, and taxes may apply to the cost of the items you order. You may provide an\noptional gratuity. Depending on the conditions as stated when you sign up, Service Fees and other fees\nmay apply. We reserve the right to add and modify fees as discussed in this Section. Your DashPass\nbenefits will extend to both DoorDash and Caviar when you register for a DashPass subscription. \nDashPass is offered for a monthly or yearly fee payable at the start of the relevant period. By signing up\nfor DashPass and providing DoorDash with your payment account information, you agree that: (a) you\nwill be charged your first DashPass subscription fee and any applicable taxes on the date you purchase\nyour DashPass subscription; (b) you authorize DoorDash and its service providers to store your payment\nmethod for the purpose of executing future DashPass auto-renewal transactions; (c) UNLESS YOU\nCANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY\nAPPLICABLE LAW), YOUR DASHPASS SUBSCRIPTION WILL AUTOMATICALLY RENEW AT\nTHE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF\nRENEWAL, DOORDASH WILL AUTOMATICALLY CHARGE THE THEN-CURRENT DASHPASS\nFEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE\nON FILE FOR YOU. If your payment details change, your card provider may provide us with updated\ncard details. We may use these new details or details from other cards on file in order to help prevent any\ninterruption to your DashPass subscription. If you would like to use a different payment method or if\nthere is a change in payment method, please update your billing information. \nCorporate DashPass Subscriptions: Notwithstanding any other provision in these terms, you may be\neligible for a complimentary DashPass subscription when your employer registers for a Corporate\nDashPass Subscription. If you have a complimentary DashPass subscription through your employer, your\naccount will begin and end in accordance with the terms of your employer’s corporate subscription unless\nyour subscription is otherwise cancelled. To receive the subscription benefits, you must register using\nyour corporate email address and be an authorized user added by your employer, and then click the\nactivation button. \nTrial or Promotional Subscriptions: From time to time, DoorDash offers some customers trial or other\npromotional subscriptions to DashPass. Such trial or promotional subscriptions are subject to this\nAgreement and the DoorDash Terms and Conditions for Promotional Offers and Credits except as\notherwise stated in the promotional offer. When your free trial period has expired, your subscription will\nautomatically convert into a paid DashPass subscription, and DoorDash will bill you the applicable fee. If\n\nyou cancel DashPass before the trial period has expired, DoorDash will not charge you for the DashPass\nsubscription. If you purchase a DashPass subscription with a promotional code, each time your DashPass\nsubscription renews, you will be charged the full billing amount. Only one trial or promotional\nsubscription is available per household. If your DashPass subscription is ever terminated for any reason,\nyou shall not be eligible for a free trial on any subsequent DashPass subscription.\nCancellations: You can cancel your DashPass subscription at any time through the Services. Instructions\non how to cancel are available here and on Caviar here. You must cancel at least one (1) day before the\nnext-scheduled subscription renewal date to avoid being charged for the next subscription period (e.g., if\nrenewal date is January 10, you must cancel by 11:59:59 pm PT on January 9). \nIf you participated in a free trial or other promotional subscription period for DashPass, you may cancel\nwithin the first 48 hours of your paid DashPass subscription and receive a full refund of your DashPass\nfee (as applicable). \nFor both monthly and annual subscribers, if you cancel your DashPass subscription within the first 48\nhours and have not placed a DashPass-eligible order during that period, DoorDash may, in its sole\ndiscretion, refund your DashPass fee.\nIf you cancel your DashPass subscription at any other time, you will not receive a refund, but you can\ncontinue to enjoy the Reduced Fees and other DashPass benefits through the end of your then-current\nsubscription period.\nDashPass Benefits for Chase Cardmembers: Chase cardmembers are eligible for certain DashPass\nbenefits on both DoorDash and Caviar when an eligible Chase credit card is added to either account. The\nspecific benefits depend upon which Chase credit card is added to your account. These benefits are\nsubject to this Agreement and the DoorDash Terms and Conditions for Promotional Offers and Credits as\nwell as the following card-specific terms:\nChase Sapphire Reserve® \nChase Sapphire® & Chase Sapphire Preferred® \nChase Freedom\nChase Slate\nAdditional information about the DashPass benefits for Chase cardmembers can be found here.\nUpdates and Changes: The DashPass prices and features may change in the future. If DoorDash changes\nthe monthly or annual fee charged for a DashPass subscription, DoorDash will notify you and provide\nyou with the opportunity to change your subscription before DashPass is renewed for another\nsubscription term. Your continued use of the Services after the change becomes effective will constitute\nyour acceptance of the fee change. If you do not wish to continue subscribing with the new fees, you may\ncancel your DashPass subscription within the specified notice period. Any DashPass subscriptions will be\n\nsubject to the terms and conditions in effect at the time you sign up or your subscription renews.\nDoorDash may also make such changes with respect to current DashPass subscriptions. In that case,\nDoorDash will provide you with notice via email of the changes and when those changes will take effect.\nIf you disagree with the changes to your current DashPass subscription terms and conditions, you may\ncancel your DashPass subscription and receive a refund of your subscription fee on a pro rata basis\ncalculated from the end of the month during which you cancel the subscription.\nNo Transfer or Assignments & Cancellations by DoorDash: Your DashPass subscription cannot be\ntransferred or assigned. DoorDash reserves the right to accept, refuse, suspend, or cancel your DashPass\nsubscription at any time in its sole discretion. If DoorDash cancels your DashPass subscription, you will\nreceive a refund of your subscription fee on a pro rata basis calculated from the end of the month during\nwhich your subscription was cancelled, unless DoorDash terminates your account or your DashPass\nsubscription because it determines, in its sole discretion, that your actions or your use of the Services\nviolates this Agreement or has harmed another User. \n(g) Gift Cards. Except as provided below, Gift Cards may be redeemable towards eligible orders placed\non www.doordash.com or www.trycaviar.com in the Caviar and DoorDash apps in the United States. But\nif you have a Gift Card that was purchased and used September 15, 2020, you must use any remaining\nbalance of that Gift Card on the service (Caviar or DoorDash) where the card was first redeemed. Gift\nCards are made available and provided by DoorDash, Inc. Gift Cards are not redeemable for cash except\nwhen required by applicable law. For more information on the Gift Card Terms and Conditions,\nvisit dasherhelp.doordash.com/doordash-gift-cards. \n \n12. Dispute Resolution.\n \nPLEASE READ THE FOLLOWING SECTION CAREFULLY. IT\nREQUIRES YOU TO ARBITRATE DISPUTES WITH DOORDASH AND\nLIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS\nSECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE\n“ARBITRATION AGREEMENT”.\n(a) Scope of Arbitration Agreement.\nScope of Arbitration Agreement.\nScope of Arbitration Agreement.\nScope of Arbitration Agreement.\nScope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your\naccess or use of the Services as a User of the Services, to any advertising or marketing communications\nregarding DoorDash or the Services, to any products or services sold or distributed through the Services\nthat you received as a User of our Services, or to any aspect of your relationship or transactions with\nDoorDash as a User of our Services will be resolved by binding arbitration, rather than in court, except\nthat (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains\nin such court and advances only on an individual (non-class, non-representative) basis; and (2) you or\nDoorDash may seek equitable relief in court for infringement or other misuse of intellectual property\nrights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This\nArbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the\nEffective Date of this Agreement.\n\nCASES HAVE BEEN FILED AGAINST DOORDASH—AND OTHERS MAY BE FILED IN THE\nFUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS\nARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.\nIF YOU AGREE TO ARBITRATION WITH DOORDASH, YOU ARE AGREEING IN ADVANCE\nTHAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER\nRELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT.\nINSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST\nDOORDASH IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH\nCLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.\n(b) Informal Resolution.\nInformal Resolution.\nInformal Resolution.\nInformal Resolution.\nInformal Resolution. You and DoorDash agree that good-faith informal efforts to resolve disputes\noften can result in a prompt, low-cost and mutually beneficial outcome. You and DoorDash therefore\nagree that, before either you or DoorDash demands arbitration against the other, we will personally meet\nand confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim\ncovered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may\nparticipate in the conference, but you shall also fully participate in the conference. The party initiating the\nclaim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute\nresolution conference, which shall occur within 60 days after the other party receives such notice, unless\nan extension is mutually agreed upon by the parties. To notify DoorDash that you intend to initiate an\ninformal dispute resolution conference, email Informal.Resolution@doordash.com, providing your name,\ntelephone number associated with your DoorDash account (if any), the email address associated with\nyour DoorDash account, and a description of your claim. In the interval between the party receiving such\nnotice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the\ninitiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must\nbe fulfilled before commencing arbitration.   The statute of limitations and any filing fee deadlines shall\nbe tolled while the parties engage in the informal dispute resolution process required by this paragraph.\n(c) Arbitration Rules and Forum.\nArbitration Rules and Forum.\nArbitration Rules and Forum.\nArbitration Rules and Forum.\nArbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration\nAct (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the\nstate law governing arbitration agreements in the state in which you reside shall apply. Before a party\nmay begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and\ncertifying completion of the informal dispute resolution conference pursuant to paragraph 12(b). If this\nnotice is being sent to DoorDash, it must be sent by email to the counsel who represented DoorDash in\nthe informal dispute resolution process, or if there was no such counsel then by mail to General Counsel,\nat 303 2nd Street, Suite 800, San Francisco, CA, 94107. The arbitration will be conducted by ADR\nServices, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with\nADR Services, Inc. must include (1) the name, telephone number, mailing address, and e-mail address of\nthe party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of\nthose claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount\nin controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees\nshall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the\npayment of money); and (4) the signature of the party seeking arbitration. Disputes shall be subject to\nADR Services, Inc.’s most current version of its Arbitration Rules, available as of December 21, 2020\n\nat https://www.adrservices.com/services/arbitration-rules or by calling ADR Services, Inc. at 310-201-\n0010. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR\nServices, Inc.’s website, available as of December 21, 2020 at https://www.adrservices.com/rate-fee-\nschedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee\nSchedule shall apply when twenty (20) or more arbitration claims are filed which: (1) involve the same or\nsimilar parties; (2) are based on the same or similar claims which arise from the same or substantially\nidentical transactions, incidents, or events requiring the determination of the same or substantially\nidentical questions of law or fact; and (3) involve the same or coordinated counsel for the parties. In all\nother circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except\nthat DoorDash will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to\nfile the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all\nfiling, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator\nfinds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing and/or other fees\nand cannot obtain a waiver of fees from ADR Services, Inc., DoorDash will pay them for you. If ADR\nServices, Inc. is not available to arbitrate, the parties will mutually select an alternative arbitral forum.\nYou may choose to have the arbitration conducted by telephone, video conference, based on written\nsubmissions, or in person in the county where you live or at another mutually agreed location.\n(d) Arbitrator Powers.\nArbitrator Powers.\nArbitrator Powers.\nArbitrator Powers.\nArbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have\nexclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or\nformation of this Arbitration Agreement including, but not limited to any claim that all or any part of this\nArbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-\norganization fees including the timing of such payments and remedies for nonpayment, shall be\ndetermined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and\nliabilities, if any, of you and DoorDash. Except as expressly agreed to in Section 12(g) of this Agreement,\nthe arbitration proceeding will not be consolidated with any other matters or joined with any other\nproceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of\nany claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary\ndamages and to grant any non-monetary remedy or relief available to an individual under applicable law,\nthe arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will\nissue a written statement of decision describing the essential findings and conclusions on which any\naward (or decision not to render an award) is based, including the calculation of any damages awarded.\nThe award shall be binding only among the parties and shall have no preclusive effect in any other\narbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law.\nThe arbitrator has the same authority to award relief on an individual basis that a judge in a court of law\nwould have. The arbitrator’s decision is final and binding on you and DoorDash.\n(e) Waiver of Jury Trial.\nWaiver of Jury Trial.\nWaiver of Jury Trial.\nWaiver of Jury Trial.\nWaiver of Jury Trial. YOU AND DOORDASH WAIVE ANY CONSTITUTIONAL AND\nSTATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and\nDoorDash are instead electing to have claims and disputes resolved by arbitration, except as specified in\nSection 12(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is\nlimited.\n\n(f) Waiver of Class or Consolidated Actions.\nWaiver of Class or Consolidated Actions.\nWaiver of Class or Consolidated Actions.\nWaiver of Class or Consolidated Actions.\nWaiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN SECTION\n12(G) OF THIS AGREEMENT, YOU AND DOORDASH AGREE TO WAIVE ANY RIGHT TO\nRESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS,\nCOLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE\nSCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL\nBASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION\n12(G). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR\nLITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR\nUSER EXCEPT AS SET FORTH IN SECTION 12(G). If, however, this waiver of class or consolidated\nactions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor\nDoorDash is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will\nthen be resolved in a court as set forth in Section 20. This provision does not prevent you or DoorDash\nfrom participating in a class-wide settlement of claims.\n(g) Batch Arbitrations.\nBatch Arbitrations.\nBatch Arbitrations.\nBatch Arbitrations.\nBatch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration\ndemands against DoorDash, presented by or with the assistance of the same law firm or organization, are\nsubmitted to an arbitration provider selected in accordance with the rules described above within a 30-\nday period, the arbitration provider shall (i) group the arbitration demands into batches of no more than\n100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the\nbatching described above, a final batch consisting of the remaining demands); and (ii) provide for\nresolution of each batch as a single arbitration with one set of filing and administrative fees and one\narbitrator assigned per batch. You agree to cooperate in good faith with DoorDash and the arbitration\nprovider to implement such a batch approach to resolution and fees.\n(h) Opt Out.\nOpt Out.\nOpt Out.\nOpt Out.\nOpt Out. DoorDash’s updates to these Terms and Conditions do not provide a new opportunity to opt\nout of the Arbitration Agreement for customers or Users who had previously agreed to a version of\nDoorDash’s or Caviar’s Terms and Conditions and did not validly opt out of arbitration. DoorDash will\ncontinue to honor the valid opt outs of customers or Users who validly opted out of the Arbitration\nAgreement in a prior version of the Terms and Conditions. If you are a customer or User who creates a\nDoorDash or Caviar account for the first time on or after November 10, 2020, you may opt out of this\nArbitration Agreement. If you do so, neither you nor DoorDash can force the other to arbitrate as a result\nof this Agreement. To opt out, you must notify DoorDash in writing no later than 30 days after first\nbecoming subject to this Arbitration Agreement. Your notice must include your name and address, your\nDoorDash username (if any), the email address you currently use to access your DoorDash account (if\nyou have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must\nsend your opt-out notice to: opt-out@doordash.com. If you opt out of this Arbitration Agreement, all\nother parts of this Agreement will continue to apply to you.\n(i) No Effect on Independent Contractor Agreement.\nNo Effect on Independent Contractor Agreement.\nNo Effect on Independent Contractor Agreement.\nNo Effect on Independent Contractor Agreement.\nNo Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO THE\nCONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE,\nAMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND\nDOORDASH RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT\nCONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR\nAGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF\n\nDOUBT, IF YOU ARE A CONTRACTOR, OPTING-OUT OF THE ARBITRATION AGREEMENT\nSET FORTH IN THIS SECTION 12 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE\nDISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH\nDOORDASH.\n(j) Survival.\nSurvival.\nSurvival.\nSurvival.\nSurvival. This Arbitration Agreement will survive any termination of your relationship with\nDoorDash. \n(k) Modification.\nModification.\nModification.\nModification.\nModification. Notwithstanding any provision in the Agreement to the contrary, we agree that if\nDoorDash makes any future material change to this Arbitration Agreement, it will not apply to any\nindividual claim(s) that you had already provided notice of to DoorDash.\n13. Third-Party Interactions.\n \n(a) Third-Party Websites, Applications and Advertisements.\nThird-Party Websites, Applications and Advertisements.\nThird-Party Websites, Applications and Advertisements.\nThird-Party Websites, Applications and Advertisements.\nThird-Party Websites, Applications and Advertisements. The Services may contain links to third-\nparty websites (“Third-Party Websites”\n“Third-Party Websites”\n“Third-Party Websites”\n“Third-Party Websites”\n“Third-Party Websites”) and applications (“Third-Party Applications”\n“Third-Party Applications”\n“Third-Party Applications”\n“Third-Party Applications”\n“Third-Party Applications”) and\nadvertisements (“Third-Party Advertisements”\n“Third-Party Advertisements”\n“Third-Party Advertisements”\n“Third-Party Advertisements”\n“Third-Party Advertisements”) (collectively, “Third-Party Websites &\nAdvertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-\nParty Advertisement, DoorDash will not warn you that you have left DoorDash’s website or Services and\nwill not warn you that you are subject to the terms and conditions (including privacy policies) of another\nwebsite or destination. Such Third-Party Websites & Advertisements are not under the control of\nDoorDash. DoorDash is not responsible for any Third-Party Websites, Third-Party Applications or any\nThird-Party Advertisements. DoorDash does not review, approve, monitor, endorse, warrant, or make any\nrepresentations with respect to such Third-Party Websites & Advertisements, or their products or\nservices. You use all links in Third-Party Websites & Advertisements at your own risk. You should\nreview applicable terms and policies, including privacy and data gathering practices of any Third-Party\nWebsites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate\nbefore proceeding with any transaction with any third party.\n(b) App Stores.\nApp Stores.\nApp Stores.\nApp Stores.\nApp Stores. You acknowledge and agree that the availability of the Software and the Services is\ndependent on the third party from which you received the application license, e.g., the Apple iPhone or\nAndroid app stores (“App Store”\n“App Store”\n“App Store”\n“App Store”\n“App Store”). You acknowledge and agree that this Agreement is between you and\nDoorDash and not with the App Store. DoorDash, not the App Store, is solely responsible for the\nSoftware and the Services, including the mobile application(s), the content thereof, maintenance, support\nservices and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal\ncompliance or intellectual property infringement). In order to use the Software and the Services, you\nmust have access to a wireless network, and you agree to pay all fees associated with such access. You\nalso agree to pay all fees (if any) charged by the App Store in connection with the Software or the\nServices. You agree to comply with, and your license to use the Software and the Services is conditioned\nupon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and\npolicies) when using the Software or the Services. You represent and warrant that you are not located in a\ncountry that is subject to a U.S. Government embargo, or that has been designated by the U.S.\nGovernment as a “terrorist supporting” country, and you represent and warrant that you are not listed on\n\nany U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App\nStore (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to\nenforce the terms and conditions of this Agreement.\n \n14. Social Media Guidelines. \nDoorDash maintains certain social media pages for the benefit of the DoorDash\ncommunity. By posting, commenting, or otherwise interacting with these pages,\nyou agree to abide by our Social Media Community Guidelines.\n \n15. Transactions Involving Alcohol\nYou may have the option to request delivery of alcohol products in some locations and from certain\nMerchants. If you receive your delivery in the United States, you agree that you will only order alcohol\nproducts if you are 21 years of age or older. If you receive your delivery in another country, you agree\nthat you will only order alcohol products if you are of legal age to purchase alcohol products in the\nrelevant jurisdiction. You also agree that, upon delivery of alcohol products, you will provide valid\ngovernment-issued identification proving your age to the Contractor delivering the alcohol products and\nthat the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol\nproducts, you understand and acknowledge that neither DoorDash nor the Contractor can accept your\norder of alcohol products, and the order will only be delivered if the Merchant accepts your order. The\nContractor reserves the right to refuse delivery if you are not 21 years old, if you cannot provide a valid\ngovernment issued ID, if the name on your ID does not match the name on your order, or you are visibly\nintoxicated. If the Contractor is unable to complete the delivery of alcohol products for one or more of\nthese reasons, you are subject to a non-refundable $20 re-stocking fee.\n \n16. Indemnification\nYou agree to indemnify and hold harmless DoorDash and its officers, directors, employees, agents and\naffiliates (each, an “Indemnified Party”\n“Indemnified Party”\n“Indemnified Party”\n“Indemnified Party”\n“Indemnified Party”), from and against any losses, claims, actions, costs, damages,\npenalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be\nincurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b)\nyour misuse of the Software or Services; (c) your breach of this Agreement or any representation,\nwarranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations\nthrough or related to the use of the Software or Services. In the event of any claim, allegation, suit or\nproceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay\nfor the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the\nIndemnified Party. DoorDash reserves the right, at its own cost, to assume the exclusive defense and\ncontrol of any matter otherwise subject to indemnification by you, in which event you will fully\ncooperate with DoorDash in asserting any available defenses. This provision does not require you to\nindemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such\nparty’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or\n\nomission of any material fact in connection with the Software or Services. You agree that the provisions\nin this section will survive any termination of your account, this Agreement, or your access to the\nSoftware and/or Services.\n \n17. Disclaimer of Warranties\nYOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW,\nYOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.\nCHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE\nMADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE\nPROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS\nOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOORDASH MAKES NO\nWARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY,\nCOMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE\nSOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.\nDOORDASH DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE\nERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES\nAND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES\nRESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,\nDOORDASH SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.\n \n18. Internet Delays\nThe Software and Services may be subject to limitations, delays, and other problems inherent in the use\nof the Internet and electronic communications. Except as set forth in DoorDash’s Privacy Policy or as\notherwise required by applicable law, DoorDash is not responsible for any delays, delivery failures, or\ndamage, loss or injury resulting from such problems.\n \n19. Breach And Limitation of Liability\n(a) General.\nGeneral.\nGeneral.\nGeneral.\nGeneral. You understand and agree that a key element of the Services and this Agreement is your and\nour mutual desire to keep the Services simple and efficient, and to provide the Software and Services at\nlow cost.  You understand and agree to the limitations on remedies and liabilities set forth in this Section\n19 to keep the Software and Services simple and efficient, and costs low, for all Users.\n(b) Cap on Liability.\nCap on Liability.\nCap on Liability.\nCap on Liability.\nCap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, DOORDASH’S\nAGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY\nPAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD\nIMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON\nLIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.\n\n(c) Disclaimer of Certain Damages.\nDisclaimer of Certain Damages.\nDisclaimer of Certain Damages.\nDisclaimer of Certain Damages.\nDisclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW, DOORDASH SHALL\nNOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL,\nEXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR\nKIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL\nDISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE\nTHE\nTHE\nTHE\nTHE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nFOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE,\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nOR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nMISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF\nNEW JERSEY.\nNEW JERSEY.\nNEW JERSEY.\nNEW JERSEY.\nNEW JERSEY.\n \n20. Exclusive Venue\nTo the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and\nDoorDash agree that all claims and disputes arising out of or relating to the Agreement will be litigated\nexclusively in the state or federal courts located in San Francisco County if you are a California citizen or\nresident, and in the United States District Court for the District in which you reside if you are not a\nCalifornia citizen or resident.\n \n21. Termination\nIf you violate this Agreement, DoorDash may respond based on a number of factors including, but not\nlimited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. \nIn addition, at its sole discretion, DoorDash may modify or discontinue the Software or Service, or may\nmodify, suspend or terminate your access to the Software or the Services, for any reason, with or without\nnotice to you and without liability to you or any third party. In addition to suspending or terminating your\naccess to the Software or the Service, DoorDash reserves the right to take appropriate legal action,\nincluding without limitation, pursuing civil, criminal or injunctive redress. Even after your right to use\nthe Software or the Services is terminated, this Agreement will remain enforceable against you. All\nprovisions which by their nature should survive to give effect to those provisions shall survive the\ntermination of this Agreement.\n \n22. Procedure for Making Claims of Copyright Infringement.\nIt is DoorDash’s policy to terminate membership privileges of any User who repeatedly infringes\ncopyright upon prompt notification to DoorDash by the copyright owner or the copyright owner’s legal\nagent. Without limiting the foregoing, if you believe that your work has been copied and posted on the\nServices in a way that constitutes copyright infringement, please provide our Copyright Agent with the\nfollowing information: (a) an electronic or physical signature of the person authorized to act on behalf of\nthe owner of the copyright interest; (b) a description of the copyrighted work that you claim has been\ninfringed; (c) a description of the location on the Services of the material that you claim is infringing; (d)\n\nyour address, telephone number and e-mail address; (e) a written statement by you that you have a good\nfaith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a\nstatement by you, made under penalty of perjury, that the above information in your notice is accurate\nand that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact\ninformation for DoorDash’s Copyright Agent for notice of claims of copyright infringement is as follows:\nGeneral Counsel, DoorDash, Inc., 303 2nd St, Suite 800, San Francisco, CA 94107.\n \n23. General\n(a) No Joint Venture or Partnership.\nNo Joint Venture or Partnership.\nNo Joint Venture or Partnership.\nNo Joint Venture or Partnership.\nNo Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship\nexists between you, DoorDash or any third-party provider as a result of this Agreement or use of the\nSoftware or Services.\n(b) Choice of Law.\nChoice of Law.\nChoice of Law.\nChoice of Law.\nChoice of Law. This Agreement is governed by the laws of the State of Delaware consistent with the\nFederal Arbitration Act, without giving effect to any principles that provide for the application of the law\nof any other jurisdiction.\n(c) Severability.\nSeverability.\nSeverability.\nSeverability.\nSeverability. Except as otherwise provided in this Agreement, if any provision of this Agreement is\nfound to be invalid, the invalidity of such provision shall not affect the validity of the remaining\nprovisions of this Agreement, which shall remain in full force and effect.\n(d) Consumer Complaints.\nConsumer Complaints.\nConsumer Complaints.\nConsumer Complaints.\nConsumer Complaints. In accordance with California Civil Code § 1789.3, you may report\ncomplaints to the Complaint Assistance Unit of the Division of Consumer Services of the California\nDepartment of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814,\nor by telephone at (800) 952-5210.\n(e) Accessing and Downloading the Application from iTunes.\nAccessing and Downloading the Application from iTunes.\nAccessing and Downloading the Application from iTunes.\nAccessing and Downloading the Application from iTunes.\nAccessing and Downloading the Application from iTunes. The following applies to any Software\naccessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):\n(1) You acknowledge and agree that (i) the Agreement is concluded between you and DoorDash only, and\nnot Apple, and (ii) DoorDash, not Apple, is solely responsible for the App Store Sourced Application and\ncontent thereof. Your use of the App Store Sourced Application must comply with the App Store Terms\nof Service.\n(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support\nservices with respect to the App Store Sourced Application.\n(3) In the event of any failure of the App Store Sourced Application to conform to any applicable\nwarranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store\nSourced Application to you and to the fullest extent permitted by law, Apple will have no other warranty\nobligation whatsoever with respect to the App Store Sourced Application. As between DoorDash and\nApple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to\nconform to any warranty will be the sole responsibility of DoorDash.\n\n(4) You and DoorDash acknowledge that, as between DoorDash and Apple, Apple is not responsible for\naddressing any claims you have or any claims of any third party relating to the App Store Sourced\nApplication or your possession and use of the App Store Sourced Application, including, but not limited\nto: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to\nany applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or\nsimilar legislation.\n(5) You and DoorDash acknowledge that, in the event of any third-party claim that the App Store\nSourced Application or your possession and use of that App Store Sourced Application infringes that\nthird party’s intellectual property rights, as between DoorDash and Apple, DoorDash, not Apple, will be\nsolely responsible for the investigation, defense, settlement and discharge of any such intellectual\nproperty infringement claim to the extent required by the Terms.\n(6) You and DoorDash acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party\nbeneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon\nyour acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed\nto have accepted the right) to enforce the Terms as related to your license of the App Store Sourced\nApplication against you as a third-party beneficiary thereof.\n(7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms\nof agreement when using the App Store Sourced Application.\n(f) Notice.\nNotice.\nNotice.\nNotice.\nNotice. Where DoorDash requires that you provide an e-mail address, you are responsible for\nproviding DoorDash with your most current e-mail address. In the event that the last e-mail address you\nprovided to DoorDash is not valid, or for any reason is not capable of delivering to you any notices\nrequired or permitted by this Agreement, DoorDash’s dispatch of the e-mail containing such notice will\nnonetheless constitute effective notice. You may give notice to DoorDash through the following web\nform: https://help.doordash.com/consumers/s/contactsupport. Such notice shall be deemed given on the\nnext business day after such e-mail is actually received by DoorDash.\n(g) Electronic Communications.\nElectronic Communications.\nElectronic Communications.\nElectronic Communications.\nElectronic Communications. For contractual purposes, you (1) consent to receive communications\nfrom DoorDash in an electronic form; and (2) agree that all terms and conditions, agreements, notices,\ndisclosures, and other communications that DoorDash provides to you electronically satisfy any legal\nrequirement that such communications would satisfy if they were in writing. You agree to keep your\ncontact information, including email address, current. This subparagraph does not affect your statutory\nrights.\n(h) Transfer and Assignment\nTransfer and Assignment\nTransfer and Assignment\nTransfer and Assignment\nTransfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not\nbe transferred or assigned by you, but may be assigned by DoorDash without restriction. Any attempted\ntransfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the\nbenefit of each party and the party’s successors and permitted assigns.\n(i) Entire Agreement.\nEntire Agreement.\nEntire Agreement.\nEntire Agreement.\nEntire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with\nrespect to the subject matter hereof and supersedes and merges all prior discussions between the parties\nwith respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or\n\nmodify the terms of any separate agreement(s) between you and DoorDash relating to your work as an\nemployee or independent contractor, including, without limitation, any Independent Contractor\nAgreement governing your efforts as a Contractor.\n \n24. Contact Information\nDoorDash welcomes your questions or comments regarding the Terms:\nDoorDash, Inc.\n303 2nd St, Suite 800\nSan Francisco, CA 94107\nHelp Form: https://help.doordash.com/consumers/s/contactsupport\nTelephone Number: +1 (855) 973-1040\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":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"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":-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":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"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":"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":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}