{"service":{"name":"LinkedIn","url":"https://www.linkedin.com/legal/user-agreement","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Indirectly public (previously public, delisted)","is_paid":"Optionally paid","date":"01.02.2022"},"document":{"title":"","text":"User\nAgreement\nEffective on February 1, 2022\nOur mission is to connect the world’s professionals to allow\nthem to be more productive and successful. Our services are\ndesigned to promote economic opportunity for our members\nby enabling you and millions of other professionals to meet,\nexchange ideas, learn, and find opportunities or employees,\nwork, and make decisions in a network of trusted relationships.\n\nTable of Contents:\n1. Introduction\n2. Obligations\n3. Rights and Limits\n4. Disclaimer and Limit of Liability\n5. Termination\n6. Governing Law and Dispute Resolution\n7. General Terms\n8. LinkedIn “Dos and Don’ts”\n9. Complaints Regarding Content\n10. How To Contact Us\n\nIntroduction\n1.1 Contract\nWhen you use our Services you agree to all of these terms.\nYour use of our Services is also subject to our Cookie Policy\nand our Privacy Policy, which covers how we collect, use,\nshare, and store your personal information.\nYou agree that by clicking “Join Now”, “Join LinkedIn”, “Sign Up” or\nsimilar, registering, accessing or using our services (described\nbelow), you are agreeing to enter into a legally binding contract with\nLinkedIn (even if you are using our Services on behalf of a company). If\nyou do not agree to this contract (“Contract” or “User Agreement”),\ndo not click “Join Now” (or similar) and do not access or otherwise use\nany of our Services. If you wish to terminate this contract, at any time\nyou can do so by closing your account and no longer accessing or\nusing our Services.\nServices\nThis Contract applies to LinkedIn.com, LinkedIn-branded apps,\nLinkedIn Learning and other LinkedIn-related sites, apps,\ncommunications and other services that state that they are offered\nunder this Contract (“Services”), including the offsite collection of data\nfor those Services, such as our ads and the “Apply with LinkedIn” and\n“Share with LinkedIn” plugins. Registered users of our Services are\n“Members” and unregistered users are “Visitors”.\n\nLinkedIn\nYou are entering into this Contract with LinkedIn (also referred to as\n“we” and “us”).\nWe use the term “Designated Countries” to refer to countries in the\nEuropean Union (EU), European Economic Area (EEA), and Switzerland.\nIf you reside in the “Designated Countries”, you are entering into this\nContract with LinkedIn Ireland Unlimited Company (“LinkedIn Ireland”)\nand LinkedIn Ireland will be the controller of your personal data\nprovided to, or collected by or for, or processed in connection with our\nServices.\nIf you reside outside of the “Designated Countries”, you are entering\ninto this Contract with LinkedIn Corporation (“LinkedIn Corp.”) and\nLinkedIn Corp. will be the controller of your personal data provided to,\nor collected by or for, or processed in connection with our Services.\nThis Contract applies to Members and Visitors.\nAs a Visitor or Member of our Services, the collection, use and sharing\nof your personal data is subject to this Privacy Policy (which includes\nour Cookie Policy and other documents referenced in this Privacy\nPolicy) and updates.\n\n1.2 Members and Visitors\nWhen you register and join the LinkedIn Services, you become a\nMember. If you have chosen not to register for our Services, you may\naccess certain features as a “Visitor.”\n1.3 Change\nWe may make changes to the Contract.\nWe may modify this Contract, our Privacy Policy and our Cookies Policy\nfrom time to time. If we make material changes to it, we will provide you\nnotice through our Services, or by other means, to provide you the\nopportunity to review the changes before they become effective. We\nagree that changes cannot be retroactive. If you object to any changes,\nyou may close your account. Your continued use of our Services after\nwe publish or send a notice about our changes to these terms means\nthat you are consenting to the updated terms as of their effective date.\n2. Obligations\n2.1 Service Eligibility\n\nHere are some promises that you make to us in this\nContract:\nYou’re eligible to enter into this Contract and you are at least\nour “Minimum Age.”\nThe Services are not for use by anyone under the age of 16.\nTo use the Services, you agree that: (1) you must be the \"Minimum\nAge\"(described below) or older; (2) you will only have one LinkedIn\naccount, which must be in your real name; and (3) you are not already\nrestricted by LinkedIn from using the Services. Creating an account\nwith false information is a violation of our terms, including accounts\nregistered on behalf of others or persons under the age of 16.\n“Minimum Age” means 16 years old. However, if law requires that you\nmust be older in order for LinkedIn to lawfully provide the Services to\nyou without parental consent (including using of your personal data)\nthen the Minimum Age is such older age.\n2.2 Your Account\nYou will keep your password a secret\n\nYou will not share an account with anyone else and will\nfollow our rules and the law.\nMembers are account holders. You agree to: (1) use a strong password\nand keep it confidential; (2) not transfer any part of your account (e.g.,\nconnections) and (3) follow the law and our list of Dos and Don’ts\nand Professional Community Policies. You are responsible for anything\nthat happens through your account unless you close it or report\nmisuse.\nAs between you and others (including your employer), your account\nbelongs to you. However, if the Services were purchased by another\nparty for you to use (e.g. Recruiter seat bought by your employer), the\nparty paying for such Service has the right to control access to and get\nreports on your use of such paid Service; however, they do not have\nrights to your personal account\n2.3 Payment\nYou’ll honor your payment obligations and you are okay with\nus storing your payment information. You understand that\nthere may be fees and taxes that are added to our prices.\nRefunds are subject to our policy.\n\nIf you buy any of our paid Services (“Premium Services”), you agree to\npay us the applicable fees and taxes and to additional terms specific to\nthe paid Services. Failure to pay these fees will result in the termination\nof your paid Services. Also, you agree that:\nYour purchase may be subject to foreign exchange fees or\ndifferences in prices based on location (e.g. exchange rates).\nWe may store and continue billing your payment method (e.g.\ncredit card) even after it has expired, to avoid interruptions in\nyour Services and to use to pay other Services you may buy.\nIf you purchase a subscription, your payment method\nautomatically will be charged at the start of each subscription\nperiod for the fees and taxes applicable to that period. To avoid\nfuture charges, cancel before the renewal date. Learn how\nto cancel or suspend your Premium Services.\nAll of your purchases of Services are subject to LinkedIn’s refund\npolicy.\nWe may calculate taxes payable by you based on the billing\ninformation that you provide us at the time of purchase.\nYou can get a copy of your invoice through your LinkedIn account\nsettings under “Purchase History”.\n2.4 Notices and Messages\n\nYou’re okay with us providing notices and messages to you\nthrough our websites, apps, and contact information. If your\ncontact information is out of date, you may miss out on\nimportant notices.\nYou agree that we will provide notices and messages to you in the\nfollowing ways: (1) within the Service, or (2) sent to the contact\ninformation you provided us (e.g., email, mobile number, physical\naddress). You agree to keep your contact information up to date.\nPlease review your settings to control and limit messages you receive\nfrom us.\n2.5 Sharing\nWhen you share information on our Services, others can see,\ncopy and use that information.\nOur Services allow messaging and sharing of information in many\nways, such as your profile, articles, group posts, links to news articles,\njob postings, messages and InMails. Information and content that you\nshare or post may be seen by other Members, Visitors or others\n(including off of the Services). Where we have made settings available,\nwe will honor the choices you make about who can see content or\ninformation (e.g., message content to your addressees, sharing content\nonly to LinkedIn connections, restricting your profile visibility from\nsearch engines, or opting not to notify others of your LinkedIn profile\nupdate). For job searching activities, we default to not notifying your\n\nconnections network or the public. So, if you apply for a job through our\nService or opt to signal that you are interested in a job, our default is to\nshare it only with the job poster.\nWe are not obligated to publish any information or content on our\nService and can remove it with or without notice.\nKey terms\nMinimum Age\nMembers who were below this new Minimum Age when they started\nusing the Services under a previous User Agreement which had\nallowed certain persons under 16 to use the Services, may continue to\nuse the Services. As of June 2017 persons under the age of 16 are not\neligible to use our Services.\n3. Rights and Limits\n3.1. Your License to LinkedIn\nYou own all of the content, feedback and personal\ninformation you provide to us, but you also grant us a non-\n\nexclusive license to it.\nWe’ll honor the choices you make about who gets to see\nyour information and content, including how it can be used\nfor ads.\nAs between you and LinkedIn, you own the content and information\nthat you submit or post to the Services, and you are only granting\nLinkedIn and our affiliates the following non-exclusive license:\nA worldwide, transferable and sublicensable right to use, copy, modify,\ndistribute, publish and process, information and content that you\nprovide through our Services and the services of others, without any\nfurther consent, notice and/or compensation to you or others. These\nrights are limited in the following ways:\n1. You can end this license for specific content by deleting such\ncontent from the Services, or generally by closing your account,\nexcept (a) to the extent you shared it with others as part of the\nService and they copied, re-shared it or stored it and (b) for the\nreasonable time it takes to remove from backup and other\nsystems.\n2. We will not include your content in advertisements for the\nproducts and services of third parties to others without your\nseparate consent (including sponsored content). However, we\nhave the right, without payment to you or others, to serve ads\nnear your content and information, and your social actions may\nbe visible and included with ads, as noted in the Privacy Policy. If\nyou use a Service feature, we may mention that with your name\n\nor photo to promote that feature within our Services, subject to\nyour settings.\n3. We will get your consent if we want to give others the right to\npublish your content beyond the Services. However, if you\nchoose to share your post as \"public, everyone or similar\", we\nwill enable a feature that allows other Members to embed that\npublic post onto third-party services, and we enable search\nengines to make that public content findable though their\nservices. Learn More\n4. While we may edit and make format changes to your content\n(such as translating or transcribing it, modifying the size, layout\nor file type or removing metadata), we will not modify the\nmeaning of your expression.\n5. Because you own your content and information and we only\nhave non-exclusive rights to it, you may choose to make it\navailable to others, including under the terms of a Creative\nCommons license.\nYou and LinkedIn agree that if content includes personal\ndata, it is subject to our Privacy Policy.\nYou and LinkedIn agree that we may access, store, process and use\nany information and personal data that you provide in accordance with,\nthe terms of the Privacy Policy and your choices (including settings).\nBy submitting suggestions or other feedback regarding our Services to\nLinkedIn, you agree that LinkedIn can use and share (but does not have\n\nto) such feedback for any purpose without compensation to you.\nYou promise to only provide information and content that\nyou have the right to share, and that your LinkedIn profile will\nbe truthful.\nYou agree to only provide content or information that does not violate\nthe law nor anyone’s rights (including intellectual property rights). You\nalso agree that your profile information will be truthful. LinkedIn may be\nrequired by law to remove certain information or content in certain\ncountries.\n3.2 Service Availability\nWe may change or end any Service or modify our prices\nprospectively.\nWe may change, suspend or discontinue any of our Services. We may\nalso modify our prices effective prospectively upon reasonable notice\nto the extent allowed under the law.\nWe don’t promise to store or keep showing any information and content\nthat you’ve posted. LinkedIn is not a storage service. You agree that we\nhave no obligation to store, maintain or provide you a copy of any\n\ncontent or information that you or others provide, except to the extent\nrequired by applicable law and as noted in our Privacy Policy.\n3 3 Other Content Sites and Apps\nYour use of others’ content and information posted on our\nServices, is at your own risk.\nOthers may offer their own products and services through\nour Services, and we aren’t responsible for those third-party\nactivities.\nBy using the Services, you may encounter content or information that\nmight be inaccurate, incomplete, delayed, misleading, illegal, offensive\nor otherwise harmful. LinkedIn generally does not review content\nprovided by our Members or others. You agree that we are not\nresponsible for others’ (including other Members’) content or\ninformation. We cannot always prevent this misuse of our Services, and\nyou agree that we are not responsible for any such misuse. You also\nacknowledge the risk that you or your organization may be mistakenly\nassociated with content about others when we let connections and\nfollowers know you or your organization were mentioned in the news.\nMembers have choices about this feature.\nLinkedIn may help connect Members offering their services (career\ncoaching, accounting, etc.) with Members seeking services. LinkedIn\ndoes not perform nor employs individuals to perform these services.\nYou must be at least 18 years of age to offer, perform or procure these\nservices. You acknowledge that LinkedIn does not supervise, direct,\n\ncontrol or monitor Members in the performance of these services and\nagree that (1) LinkedIn is not responsible for the offering, performance\nor procurement of these services, (2) LinkedIn does not endorse any\nparticular Member’s offered services, and (3) nothing shall create an\nemployment, agency, or joint venture relationship between LinkedIn\nand any Member offering services. If you are a Member offering\nservices, you represent and warrant that you have all the required\nlicenses and will provide services consistent with our Professional\nCommunity Policies.\nSimilarly, LinkedIn may help you register for and/or attend events\norganized by Members and connect with other Members who are\nattendees at such events. You agree that (1) LinkedIn is not responsible\nfor the conduct of any of the Members or other attendees at such\nevents, (2) LinkedIn does not endorse any particular event listed on our\nServices, (3) LinkedIn does not review and/or vet any of these events,\nand (4) that you will adhere to these terms and conditions that apply to\nsuch events.\n3.4 Limits\nWe have the right to limit how you connect and interact on\nour Services.\nLinkedIn reserves the right to limit your use of the Services, including\nthe number of your connections and your ability to contact other\nMembers. LinkedIn reserves the right to restrict, suspend, or terminate\nyour account if you breach this Contract or the law or are misusing the\n\nServices (e.g., violating any of the Dos and Don’ts or Professional\nCommunity Policies).\n3.5 Intellectual Property Rights\nWe’re providing you notice about our intellectual property\nrights.\nLinkedIn reserves all of its intellectual property rights in the Services.\nTrademarks and logos used in connection with the Services are the\ntrademarks of their respective owners. LinkedIn, and “in” logos and\nother LinkedIn trademarks, service marks, graphics and logos used for\nour Services are trademarks or registered trademarks of LinkedIn.\n3.6 Automated Processing\nWe use data and information about you to make relevant\nsuggestions to you and others.\nWe use the information and data that you provide and that we have\nabout Members to make recommendations for connections, content\nand features that may be useful to you. For example, we use data and\ninformation about you to recommend jobs to you and you to recruiters.\nKeeping your profile accurate and up to date helps us to make these\nrecommendations more accurate and relevant.\n\nKey Terms\nAffiliates\nAffiliates are companies controlling, controlled by or under common\ncontrol with us, including, for example, LinkedIn Ireland, LinkedIn\nCorporation, LinkedIn Singapore and Microsoft Corporation. \nSocial Action\ne.g. likes, comments, follows, share\n4. Disclaimer and Limit of\nLiability\n4.1 No Warranty\nThis is our disclaimer of legal liability for the quality, safety, or\nreliability of our Services.\nLINKEDIN AND ITS AFFILIATES MAKE NO REPRESENTATION OR\nWARRANTY ABOUT THE SERVICES, INCLUDING ANY\n\nREPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED\nOR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING\nCONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE”\nBASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE\nLAW, LINKEDIN AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR\nSTATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF\nTITLE, ACCURACY OF DATA, NON-INFRINGEMENT,\nMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.\n4.2 Exclusion of Liability\nThese are the limits of legal liability we may have to you.\nTO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS\nLINKEDIN HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT\nTHAT OVERRIDES THIS CONTRACT), LINKEDIN, INCLUDING ITS\nAFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS\nCONTRACT FOR LOST PROFITS OR LOST BUSINESS\nOPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY\nSTATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF,\nOR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY\nINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE\nDAMAGES.\nLINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN\nCONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT\nEXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO\nLINKEDIN FOR THE SERVICES DURING THE TERM OF THIS\nCONTRACT, IF ANY, OR (B) US $1000.\n\n4.3 Basis of the Bargain; Exclusions\nThe limitations of liability in this Section 4 are part of the basis of the\nbargain between you and LinkedIn and shall apply to all claims of\nliability (e.g., warranty, tort, negligence, contract and law) even if\nLinkedIn or its affiliates has been told of the possibility of any such\ndamage, and even if these remedies fail their essential purpose.\nThese limitations of liability do not apply to liability for death or personal\ninjury or for fraud, gross negligence or intentional misconduct, or in\ncases of negligence where a material obligation has been breached, a\nmaterial obligation being such which forms a prerequisite to our\ndelivery of services and on which you may reasonably rely, but only to\nthe extent that the damages were directly caused by the breach and\nwere foreseeable upon conclusion of this Contract and to the extent\nthat they are typical in the context of this Contract.\n5. Termination\nWe can each end this Contract, but some rights and\nobligations survive.\n\nBoth you and LinkedIn may terminate this Contract at any time with\nnotice to the other. On termination, you lose the right to access or use\nthe Services. The following shall survive termination:\nOur rights to use and disclose your feedback;\nMembers and/or Visitors’ rights to further re-share content and\ninformation you shared through the Services;\nSections 4, 6, 7, and 8.2 of this Contract;\nAny amounts owed by either party prior to termination remain\nowed after termination.\nYou can visit our Help Center to close your account.\n6. Governing Law and Dispute\nResolution\nIn the unlikely event we end up in a legal dispute, depending\non where you live, you and LinkedIn agree to resolve it in\nCalifornia courts using California law, Dublin, Ireland courts\nusing Irish law, or in your local courts using local law.\n\nIf you live in the Designated Countries, the laws of Ireland govern all\nclaims related to LinkedIn's provision of the Services, but this shall not\ndeprive you of the mandatory consumer protections under the law of\nthe country to which we direct your Services where you have habitual\nresidence. With respect to jurisdiction, you and LinkedIn agree to\nchoose the courts of the country to which we direct your Services\nwhere you have habitual residence for all disputes arising out of or\nrelating to this User Agreement, or in the alternative, you may choose\nthe responsible court in Ireland.\nFor others outside of Designated Countries, including those who live\noutside of the United States: You and LinkedIn agree that the laws of\nthe State of California, U.S.A., excluding its conflict of laws rules, shall\nexclusively govern any dispute relating to this Contract and/or the\nServices. You and LinkedIn both agree that all claims and disputes can\nbe litigated only in the federal or state courts in Santa Clara County,\nCalifornia, USA, and you and LinkedIn each agree to personal\njurisdiction in those courts\n7. General Terms\nHere are some important details about the Contract.\nIf a court with authority over this Contract finds any part of it\nunenforceable, you and we agree that the court should modify the\nterms to make that part enforceable while still achieving its intent. If the\n\ncourt cannot do that, you and we agree to ask the court to remove that\nunenforceable part and still enforce the rest of this Contract.\nThis Contract (including additional terms that may be provided by us\nwhen you engage with a feature of the Services) is the only agreement\nbetween us regarding the Services and supersedes all prior\nagreements for the Services.\nIf we don't act to enforce a breach of this Contract, that does not mean\nthat LinkedIn has waived its right to enforce this Contract. You may not\nassign or transfer this Contract (or your membership or use of\nServices) to anyone without our consent. However, you agree that\nLinkedIn may assign this Contract to its affiliates or a party that buys it\nwithout your consent. There are no third-party beneficiaries to this\nContract.\nYou agree that the only way to provide us legal notice is at the\naddresses provided in Section 10.\n8. LinkedIn “Dos and Don’ts”\nLinkedIn is a community of professionals. This list of “Dos\nand Don’ts” along with our Professional Community Policies\nlimit what you can and cannot do on our Services.\n8.1. Dos\n\nYou agree that you will:\n1. Comply with all applicable laws, including, without limitation,\nprivacy laws, intellectual property laws, anti-spam laws, export\ncontrol laws, tax laws, and regulatory requirements;\n2. Provide accurate information to us and keep it updated;\n3. Use your real name on your profile; and\n4. Use the Services in a professional manner.\n8.2. Don’ts\nYou agree that you will not:\n1. Create a false identity on LinkedIn, misrepresent your identity,\ncreate a Member profile for anyone other than yourself (a real\nperson), or use or attempt to use another’s account;\n2. Develop, support or use software, devices, scripts, robots or any\nother means or processes (including crawlers, browser plugins\nand add-ons or any other technology) to scrape the Services or\notherwise copy profiles and other data from the Services;\n3. Override any security feature or bypass or circumvent any\naccess controls or use limits of the Service (such as caps on\nkeyword searches or profile views);\n4. Copy, use, disclose or distribute any information obtained from\nthe Services, whether directly or through third parties (such as\n\nsearch engines), without the consent of LinkedIn;\n5. Disclose information that you do not have the consent to\ndisclose (such as confidential information of others (including\nyour employer));\n6. Violate the intellectual property rights of others, including\ncopyrights, patents, trademarks, trade secrets or other\nproprietary rights. For example, do not copy or distribute (except\nthrough the available sharing functionality) the posts or other\ncontent of others without their permission, which they may give\nby posting under a Creative Commons license;\n7. Violate the intellectual property or other rights of LinkedIn,\nincluding, without limitation, (i) copying or distributing our\nlearning videos or other materials or (ii) copying or distributing\nour technology, unless it is released under open source licenses;\n(iii) using the word “LinkedIn” or our logos in any business name,\nemail, or URL except as provided in the Brand Guidelines;\n8. Post anything that contains software viruses, worms, or any\nother harmful code;\n9. Reverse engineer, decompile, disassemble, decipher or\notherwise attempt to derive the source code for the Services or\nany related technology that is not open source;\n10. Imply or state that you are affiliated with or endorsed by\nLinkedIn without our express consent (e.g., representing\nyourself as an accredited LinkedIn trainer);\n11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the\nServices or related data or access to the same, without\nLinkedIn’s consent;\n\n12. Deep-link to our Services for any purpose other than to promote\nyour profile or a Group on our Services, without LinkedIn’s\nconsent;\n13. Use bots or other automated methods to access the Services,\nadd or download contacts, send or redirect messages;\n14. Monitor the Services’ availability, performance or functionality\nfor any competitive purpose;\n15. Engage in “framing,” “mirroring,” or otherwise simulating the\nappearance or function of the Services;\n16. Overlay or otherwise modify the Services or their appearance\n(such as by inserting elements into the Services or removing,\ncovering, or obscuring an advertisement included on the\nServices);\n17. Interfere with the operation of, or place an unreasonable load on,\nthe Services (e.g., spam, denial of service attack, viruses,\ngaming algorithms); and/or\n18. Violate the Professional Community Policies or any additional\nterms concerning a specific Service that are provided when you\nsign up for or start using such Service, and the Bing Maps\nterms where applicable.\n9. Complaints Regarding\nContent\n\nContact information for complaint about content provided by\nour Members.\nWe respect the intellectual property rights of others. We require that\ninformation posted by Members be accurate and not in violation of the\nintellectual property rights or other rights of third parties. We provide\na policy and process for complaints concerning content posted by our\nMembers.\n10. How To Contact Us\nOur Contact information. Our Help Center also provides\ninformation about our Services.\nFor general inquiries, you may contact us online. For legal notices or\nservice of process, you may write us at these addresses.\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":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"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":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer 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":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"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"}]}