{"service":{"name":"Slack","url":"https://slack.com/intl/en-ie/terms-of-service/user","lang":"ENG","sector":"Work","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"01.10.2021"},"document":{"title":"","text":"Effective: 1st October 2021\nThese user terms of service (the ‘User Terms’) govern your access and use of our\nonline workplace productivity tools and platform (the ‘Services’). Please read them\ncarefully. Even though you are signing in to an existing workspace, these User Terms\napply to you as a user of the Services. We are grateful that you’re here.\nFirst things first\nThese User Terms are legally binding\nThese User Terms are a legally binding contract between you and us. As part of these\nUser Terms, you agree to comply with the most recent version of our acceptable use\npolicy, which is incorporated by reference into these User Terms. If you access or use\nthe Services, or continue accessing or using the Services after being notified of a\nchange to the User Terms or the acceptable use policy, you confirm that you have\nread, understand and agree to be bound by the User Terms and the acceptable use\npolicy. ‘We’, ‘our’ and ‘us’ currently refer to the applicable Slack entity in the Contract\n(defined below).\nCustomer’s choices and instructions\nYou are an ‘Authorised User’ of a workspace controlled by a ‘Customer’\nAn organisation or other third party that we refer to in these User Terms as the\n‘Customer’ has invited you to a workspace (i.e. a unique domain where a group of\nusers may access the Services, as further described in our Help Centre pages). If you\nare joining one of your employer’s workspaces, for example, the Customer is your\nemployer. If you are joining a workspace created by your friend using her personal\nemail address to work on her new start-up idea, she is our Customer and she is\nauthorising you to join her workspace.\nWhat this means for you – and for us\nThe Customer has separately agreed to our Customer terms of service or entered into\na written agreement with us or our affiliate(s) (in either case, the ‘Contract’) that\npermitted the Customer to create and configure a workspace so that you and others\ncould join (each invitee granted access to the Services, including you, is an\n‘Authorised User’). The Contract contains our commitment to deliver the Services to\nthe Customer, who may then invite Authorised Users to join its workspace(s). When an\nAuthorised User (including you) submits content or information to the Services, such as\nmessages or files (‘Customer Data’), you acknowledge and agree that the Customer\n\nData is owned by the Customer and the Contract provides the Customer with many\nchoices and control over that Customer Data. For example, the Customer may\nprovision or deprovision access to the Services, enable or disable third-party\nintegrations, manage permissions, retention and export settings, transfer or assign\nworkspaces, share channels or consolidate your workspace or channels with other\nworkspaces or channels, and these choices and instructions may result in the access,\nuse, disclosure, modification or deletion of certain or all Customer Data. Please take a\nlook at our Help Centre pages for more details on our different Service subscriptions\nand the options available to the Customer.\nThe relationship between you, the Customer and us\nAS BETWEEN US AND THE CUSTOMER, YOU AGREE THAT IT IS SOLELY THE\nCUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORISED\nUSERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY\nSETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN\nANY RIGHTS, PERMISSIONS OR CONSENT FROM YOU AND ANY AUTHORISED\nUSERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND\nTHE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND\nPROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D)\nRESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORISED\nUSER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR THE\nCUSTOMER’S FAILURE TO FULFIL THESE OBLIGATIONS. SLACK MAKES NO\nREPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR\nIMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU\nON AN ‘AS IS’ AND ‘ AS AVAILABLE’ BASIS.\nA few ground rules\nYou must be over the legal age\nTo the extent prohibited by applicable law, the Services are not intended for and should\nnot be used by anyone under the age of sixteen. You represent that you are over the\nlegal age and are the intended recipient of the Customer’s invitation to the Services.\nYou may not access or use the Services for any purpose if either of the representations\nin the preceding sentence is not true. Without limiting the foregoing, you must be of\nlegal working age.\nWhile you’re here, you must follow the rules\nTo help ensure a safe and productive work environment, all Authorised Users must\ncomply with our acceptable use policy and any applicable policies established by the\n\nCustomer. If you see inappropriate behaviour or content, please report it to your\nprimary owner or employer.\nYou are here at the pleasure of Customer (and us)\nThese User Terms remain effective until the Customer’s subscription for you expires or\nterminates, or your access to the Services has been terminated by the Customer or us.\nPlease contact the Customer if you at any time or for any reason wish to terminate your\naccount, including due to a disagreement with any updates to these User Terms or\nthe acceptable use policy.\nLimitation of liability\nIf we believe that there is a violation of the Contract, User Terms, the acceptable use\npolicy or any of our other policies that can simply be remedied by the Customer’s\nremoval of certain Customer Data or taking other action, we will, in most cases, ask the\nCustomer to take action rather than intervene. We may directly step in and take what\nwe determine to be appropriate action (including disabling your account) if the\nCustomer does not take appropriate action or we believe that there is a credible risk of\nharm to us, the Services, Authorised Users or any third parties. IN NO EVENT WILL\nYOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR\nREVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,\nCOVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT,\nTORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE\nPARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS\nYOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND\nREMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO\nUS FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE\nLIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED US\nDOLLARS (USD $100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL\nNOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT\nEITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.\nApplication of consumer law\nSlack is a workplace tool intended for use by businesses and organisations and not for\nconsumer purposes. To the maximum extent permitted by law, you hereby\nacknowledge and agree that consumer laws do not apply. If however any consumer\nlaws (e.g. in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and\ncannot otherwise be lawfully excluded, nothing in these User Terms will restrict,\nexclude or modify any statutory warranties, guarantees, rights or remedies that you\nhave, and our liability is limited (at our option) to the replacement, repair or resupply of\n\nthe Services or the pro-rata refund to the Customer of prepaid fees for your\nsubscription covering the remainder of the term.\nSurvival\nThe sections titled ‘The relationship between you, the Customer and us’, ‘Limitation of\nliability’ and ‘Survival’, and all of the provisions under the general heading ‘General\nprovisions’ will survive any termination or expiration of the User Terms.\nGeneral provisions\nEmails and Slack messages\nExcept as otherwise set forth herein, all notices under the User Terms will be by email,\nalthough we may instead choose to provide notice to Authorised Users through the\nServices (e.g. a Slackbot notification). Notices to Slack should be sent\nto feedback@slack.com, except for legal notices, which must be sent\nto legal@slack.com. A notice will be deemed to have been duly given (a) the day after it\nis sent, in the case of a notice sent through email; and (b) the same day, in the case of\na notice sent through the Services. Notices under the Contract will be delivered solely\nto the Customer in accordance with the terms of that agreement.\nPrivacy policy\nPlease review our Privacy policy for more information on how we collect and use data\nrelating to the use and performance of our products.\nModifications\nAs our business evolves, we may change these User Terms or the acceptable use\npolicy. If we make a material change to the User Terms or the acceptable use policy,\nwe will provide you with reasonable notice prior to the change taking effect either by\nemailing the email address associated with your account or by messaging you through\nthe Services. You can review the most current version of the User Terms at any time by\nvisiting this page, and by visiting the following for the most current versions of the\nother pages that are referenced in these User Terms: Acceptable use\npolicy and Privacy policy. Any material revisions to these User Terms will become\neffective on the date set forth in our notice, and all other changes will become effective\non the date that we publish the change. If you use the Services after the effective date\nof any changes, that use will constitute your acceptance of the revised terms and\nconditions.\nWaiver\n\nNo failure or delay by either party in exercising any right under the User Terms,\nincluding the acceptable use policy, will constitute a waiver of that right. No waiver\nunder the User Terms will be effective unless made in writing and signed by an\nauthorised representative of the party being deemed to have granted the waiver.\nSeverability\nThe User Terms, including the acceptable use policy, will be enforced to the fullest\nextent permitted under applicable law. If any provision of the User Terms is held by a\ncourt of competent jurisdiction to be contrary to law, the provision will be modified by\nthe court and interpreted so as best to accomplish the objectives of the original\nprovision to the fullest extent permitted by law, and the remaining provisions of the\nUser Terms will remain in effect.\nAssignment\nYou may not assign any of your rights or delegate your obligations under these User\nTerms, including the acceptable use policy, whether by operation of law or otherwise,\nwithout the prior written consent of us (not to be unreasonably withheld). We may\nassign these User Terms in their entirety (including all terms and conditions\nincorporated herein by reference), without your consent, to a corporate affiliate or in\nconnection with a merger, acquisition, corporate reorganisation or sale of all or\nsubstantially all of our assets.\nGoverning law, venue, fees\nThe User Terms, including the acceptable use policy, and any disputes arising out of or\nrelated hereto, will be governed exclusively by the same applicable governing law of\nthe Contract, without regard to conflicts of laws rules or the United Nations Convention\non the International Sale of Goods. The courts located in the applicable venue of the\nContract will have exclusive jurisdiction to adjudicate any dispute arising out of or\nrelating to the User Terms, including the acceptable use policy, or its formation,\ninterpretation or enforcement.\nEach party hereby consents and submits to the exclusive jurisdiction of such courts. In\nany action or proceeding to enforce rights under the User Terms, the prevailing party\nwill be entitled to recover its reasonable costs and solicitor’s fees.\nEntire agreement\nThe User Terms, including any terms incorporated by reference into the User Terms,\nconstitute the entire agreement between you and us and supersede all prior and\ncontemporaneous agreements, proposals or representations, written or oral,\n\nconcerning its subject matter. To the extent of any conflict or inconsistency between\nthe provisions in these User Terms and any pages referenced in these User Terms, the\nterms of these User Terms will first prevail; provided, however, that if there is a conflict\nor inconsistency between the Contract and the User Terms, the terms of the Contract\nwill first prevail, followed by the provisions in these User Terms, and then followed by\nthe pages referenced in these User Terms (e.g. the Privacy policy). The Customer will\nbe responsible for notifying Authorised Users of those conflicts or inconsistencies and\nuntil such time the terms set forth herein will be binding.\nContacting Slack\nPlease also feel free to contact us if you have any questions about Slack’s user terms\nof service. You may contact us at feedback@slack.com or at our postal address below:\nFor Customers and Authorised Users who use Workspaces established for Customers\nin the US and Canada:\nSlack Technologies\n\n500 Howard Street\n\nSan Francisco, CA 94105\n\nUSA\nFor Customers and Authorised Users who use Workspaces established for Customers\noutside the US and Canada:\nSlack Technologies Limited\n\n4th Floor, One Park Place\n\nHatch Street Upper\n\nDublin 2, Ireland\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":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"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 only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"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":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}