{"service":{"name":"Niantic","url":"https://nianticlabs.com/terms/","lang":"ENG","sector":"Games","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"15.05.2019"},"document":{"title":"","text":"Niantic Terms of Service\nPlease also review Niantic's updated Privacy Policy that takes effect on October 27, 2021.\nLast Modified: May 15, 2019\nTable of Contents\n1. Terms\n2. Privacy\n3. Use of the Services\n4. Limited License to Use\n5. Content and Content Rights\n6. Conduct, General Prohibitions, and Niantic’s Enforcement Rights\n7. Participation in Events\n8. Sweepstakes, Contests, Raffles, Surveys And Similar Promotions\n9. Beta Programs\n10. Third Party Websites or Resources\n11. Disclaimer of Warranties\n12. Limitation of Liability\n13. Dispute Resolution\n14. General\n15. Terms Specific to Residents of the Republic of Korea\n16. Terms Specific to Residents of the EEA\n17. Terms Specific to Residents of Germany\n1 Terms\nWelcome to Niantic. We publish real-world augmented reality mobile experiences, including mobile game\napplications (\"Apps\"), and operate a real-world augmented reality platform (“Platform”). Please read\nthese Niantic Terms of Service and any applicable App guidelines (the “Guidelines” and, collectively,\n“the Terms”), because the Terms govern your use of the Apps and Platform. The Terms also govern your\ninteraction with any websites we own or operate (“Sites”), purchase of any Niantic merchandise,\nparticipation in Niantic live events or promotions (“Events”), and more generally your use of any Niantic\nproducts or services (together with Apps and Platform, the “Services”).\nSome exceptions to the Terms may apply based on your country of residence - please see the country-\nspecific sections below.\nIf you live in the United States, these Terms are entered into between you and Niantic, Inc., 1 Ferry Building\nSuite 200, San Francisco, CA 94111. If you live in any other country, these Terms are entered into between\nyou and Niantic International Limited, a company registered to do business under the laws of the United\nKingdom. Niantic, Inc. and Niantic International Limited are collectively referred to as \"Niantic\" or “we” in\nthese Terms.\nBy using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use\nthe Services. Niantic may modify these Terms at any time, and if we do, we will notify you by posting the\nmodified Terms on the Site or in the App. It’s important that you review any modified Terms before you\ncontinue using the Services. If you continue to use the Services, you are bound by the modified Terms. If\nyou don’t agree to be bound by the modified Terms, then you may not use the Services.\n\nSECTION 13 \"DISPUTE RESOLUTION\" CONTAINS A BINDING ARBITRATION AGREEMENT AND\nCLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. If you are a user in the European\nEconomic Area (“EEA”), or any other country that does not allow such arbitration agreement, Section 13\ndoes not apply to you.\nIf you breach these Terms we may take action against you, including but not limited to terminating your\naccount. You acknowledge that Niantic has no obligation to, and will not, reimburse or refund you for\nServices lost due to involuntary suspension or termination of your account.\n2 Privacy\nOur Services are designed to enable you to interact in shared game worlds blended with information from\nthe real world. To provide the Services, we need information about you, and we only use your information\nwhere we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what\ninformation we collect, how we use it and what choices you have when you use our Services.\n3 Use of the Services\n3.1 Cheating\nNiantic prohibits cheating, and we constantly take steps to improve our anti-cheat measures. Cheating\nincludes any action that attempts to or actually alters or interferes with the normal behavior or rules of a\nService. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on\nbehalf of others:\nAccessing Services in an unauthorized manner (including using modified or unofficial third party\nsoftware);\nPlaying with multiple accounts for the same Service;\nSharing accounts;\nUsing any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or\nSelling or trading accounts.\nApps may not work on devices that Niantic detects or reasonably suspects to be cheating, and Niantic will\nnot provide support to players who attempt to cheat. You agree that Niantic may employ any lawful\nmechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms,\nincluding checking your device for the existence of exploits or hacking and/or unauthorized software. Please\nsee the Guidelines and our Privacy Policy for more information.\n3.2 Safe and Appropriate Use\nWhile you are using our Services, please be aware of your surroundings, and play and communicate safely.\nYou agree that your use of the Services is at your own risk, and that you will not use the Services to violate\nany applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not\nencourage or enable any other individual to do so.\nFurther, you agree that in conjunction with your use of the Services you will not make available any\nunlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit\ninaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.\nNiantic does not intend Apps to be medical or health devices, or provide medical or health advice.\n\n3.3 Your Interactions with Other People\nYou agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact\nwith other players and other people in the real world. You will not harass threaten or otherwise violate the\nlegal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property\nor location where you do not have a right or permission to be, and will not otherwise engage in any activity\nthat may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with\nany third party relating to your use of Services, you release Niantic (and our officers, directors, agents,\nsubsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and\nconsequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and\nundisclosed, arising out of or in any way connected with such disputes.\n3.4 Eligibility and Account Registration\nIf you want to use certain Services, you will have to create an account with us (an \"Account\"), and you\nwill also need access to a supported mobile phone and an Internet connection. The help centers at Niantic\nGame Resources contain a list of supported devices. We do not support rooted or jailbroken devices.\nYou can create an Account using (a) your pre-existing Google account; (b) your pre-existing Facebook\naccount, (c) a Niantic Kids account, or (d) such other third-party accounts that we support, as selected by\nyou on the App account creation screen.\nYou agree that you won’t disclose your Account password to anyone and you will notify us immediately of\nany unauthorized use of your Account. Niantic takes its account security obligations seriously; however, you\nare responsible for all activities that occur under your Account, whether or not you know about them.\n3.5 Account Suspension or Termination\nWe may suspend or terminate your access to and use of the Services, at our sole discretion, at any time\nand without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud,\ncheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated\nwith your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will\nnotify you via the Services or in the App prior to termination of your Account.\nYou may terminate your Account at any time by visiting the App help centers. Upon termination of any\nServices or your Account, the following provisions of these Terms will survive: Content Ownership, Rights\nGranted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General\nTerms and this sentence on Termination.\n3.6 Who May Use Our Services\nUnless stated otherwise for a particular Service, children are not allowed to use the Services. A \"Child\" is\na person (a) under 13 years old (for residents outside of the EEA, except for the Republic of Korea); (b)\nunder 16 years old or such age needed to consent to the processing of personal data in their country of\nresidence (for residents of the EEA); or (c) under 14 years old (for residents of the Republic of\nKorea). Niantic Game Resources contains information on the age requirement for each of our Apps.\nFor Services that permit Child participation, parents or legal guardians (\"Parents\") must provide verified\nconsent. Parents can provide and verify their consent through the Niantic Kids Parent Portal, or through\nanother authorized third-party provider made available through the Service. Where Parental consent is\nrequired, Niantic recommends that Parents monitor the Child’s online activity and use of the Service.\nThe verification and consent process for Children is performed by one of several third-party providers\n(\"Verification Provider\"). The Parent must register with the Verification Provider before a Child may\n\nuse the Services. The Verification Provider will ask the Parent to verify their identity and to consent to the\ncreation of an Account for the Child. Upon receipt of Parent verification and consent, the Verification\nProvider will enable the Parent to create an Account for the Child. Parental consent applies exclusively to\nthe Service for which it has been granted.\nA Parent who wishes to rescind their previously-provided consent to a Child’s access to and use of the\nServices should follow the instructions for Account deletion, which can be found in the respective help\ncenters here.\nPurchases made through the Services are limited to Account holders who either (a) are the age needed to\nconsent to a contract in their country of residence; or (b) if younger, have the consent of a Parent to use\nthe Service. Parents can consult their device settings for the App to restrict in-App purchases by a Child,\nand should also monitor activity in their Child’s Account, including the purchase of Virtual Money or Virtual\nGoods.\nTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NIANTIC DECLINES ANY RESPONSIBILITY\nREGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION\nOF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO\nREGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE\nOF THE SERVICES BY YOUR CHILD.\n4 Limited License to Use\nSubject to your compliance with these Terms, Niantic grants you a limited, nonexclusive, nontransferable,\nnon-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such\ncopy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in\nthese Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the\nApps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse\nengineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple\nusers through any means. Niantic reserves all rights in and to the Apps not expressly granted to you under\nthese Terms.\n5 Content and Content Rights\nSubject to your compliance with these Terms, Niantic grants you a personal, noncommercial, nonexclusive,\nnontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the\nContent solely for your permitted use within the Services. \"Content\" means the text, software, scripts,\ngraphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features,\nworks of authorship of any kind, and information or other materials that are generated, provided, or\notherwise made available through the Services, including User Content. “User Content” means any\nContent a user of a Service provides to be made available through Services.\n5.1 Content Ownership\nNiantic does not claim ownership rights in User Content and nothing in these Terms restricts any rights\nthat you may have to use and exploit your User Content. Subject to the foregoing, Niantic and its licensors\nexclusively own all right, title, and interest in and to the Services and Content, including all associated\nintellectual property rights. You acknowledge that the Services and Content are protected by copyright,\ntrademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or\nobscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or\naccompanying the Services or Content.\n\n5.2 Rights Granted by You\nBy making any User Content available through the Services you grant to Niantic a nonexclusive,\ntransferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable\nlaw, a license for the whole duration, including for any extension thereof, of all relevant rights under any\napplicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform,\nmarket, promote and distribute your User Content in connection with operating and providing the Services\nand Content to you and to others. By accepting these terms, you allow Niantic to benefit freely from the\nabove rights, including but not limited to:\n1. The right to reproduce User Content by any means and in any form.\n2. The right to publicly or privately broadcast or make available the User Content (or any product\nincorporating the User Content), in return for payment or free of charge in all places by any means\nor process known or unknown at the present time, and in particular via Internet, pay per view, pay\nper play, theatrical or television broadcasting, DVD, and print.\n3. The right to use the User Content for demonstration, promotion and advertising for all Niantic\nServices.\n4. The right to produce or order the production of any new product or service from the User Content\nor from any product incorporating or exploiting the User Content, either reproduced as it stands or\nmodified by Niantic or by any outside party of its choice.\nYou are solely responsible for all your User Content. You represent and warrant that you own all your User\nContent or you have all rights that are necessary to grant us the license rights in your User Content under\nthese Terms. You also represent and warrant that neither your User Content, nor your use and provision of\nyour User Content to be made available through the Services, nor any use of your User Content by Niantic\non or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights,\nor rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent\npermitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights\nunder applicable laws), such as your right to be identified as the author of any of the User Contents, against\nNiantic or any third party designated by Niantic.\n5.3 Trading\nCertain Apps permit Account holders to capture and trade virtual items, including but not limited\ncharacters or other items (\"Trading Items\"), during gameplay. Unlike Virtual Money and Virtual Goods,\nTrading Items are obtained at no additional charge during gameplay. Trading Items are a category of\nContent, and you acknowledge that you do not acquire any ownership rights in or to Trading Items and that\nTrading Items do not have monetary value. Trading Items may be traded with other Account holders for\nother Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Money,\nVirtual Goods, “real” goods, “real” money, or “real” services, or any other consideration from us or anyone\nelse.\nYou agree that you will only obtain Trading Items from other Account holders and through means provided\nby Niantic, and not through any third-party platform, broker, or other mechanism, unless expressly\nauthorized. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the\ntermination of your Account or cancellation of such Trading Items. All Trading Items and other Content are\nprovided \"as is,\" without any warranty, except where prohibited under applicable law.\n5.4 Virtual Money and Virtual Goods\nCertain Apps permit the purchase of virtual currency (\"Virtual Money\"), specific to each App, and use of\nthat Virtual Money to purchase virtual items or services expressly available for use in the respective Apps\n(“Virtual Goods”). Virtual Money is a category of Content. You may access and purchase Virtual Goods\nfor your personal, non-commercial use of the Services. You acknowledge that you do not acquire any\n\nownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual\nMoney does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no\nmonetary value and do not constitute currency or property of any type. Virtual Money may be redeemed\nonly for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or\n“real” services from us or anyone else. You agree that you will only obtain Virtual Money and/or Virtual\nGoods from us and through means provided by us, and not from any third party unless expressly\nauthorized. Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to\nanother individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a\nviolation of these Terms and may result in cancellation of such Virtual Money or Virtual Goods or the\ntermination of your Account.\nDuring the term of your license to your Virtual Money, you may redeem your Virtual Money for selected\nVirtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided \"as is,\"\nwithout any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and\nthat we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the\ntransaction has been made.\nGenerally, we have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the\nContent, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we\ndiscontinue the use of Virtual Money or Virtual Goods, we will provide at least 60 days advance notice to\nyou by posting a notice through the Services or through other communications.\n5.5 Feedback\nYou can submit feedback, comments, and suggestions for improvements to the Services (\"Feedback\") by\nreaching out to us on social media or support channels. Feedback is a form of User Content.\n5.6 DMCA/Copyright Policy\nNiantic respects copyright law and expects its users to do the same. It is Niantic’s policy to terminate in\nappropriate circumstances Account holders who infringe or are believed to be infringing the rights of\ncopyright holders. Please see Niantic’s Copyright Policy for further information.\n6 Conduct, General Prohibitions, and Niantic’s Enforcement Rights\nYou agree that you are responsible for your own conduct and User Content while using the Services, and\nfor any consequences thereof. In addition, you agree not to do any of the following, unless applicable law\nmandates that you be given the right to do so:\ncollect, store or share any personally identifiable information of other users from the Services\nwithout their express permission;\nextract, scrape, or index the Services or Content (including information about users or gameplay);\nuse the Services or Content, or any portion thereof, for any commercial purpose or in a manner not\npermitted by these Terms, including but not limited to (a) gathering in-App items or resources for\nsale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps,\nor (c) selling, reselling, or renting the Apps or your Account;\nattempt to access or search the Services or Content or download Content from the Services\nthrough the use of any technology or means other than those provided by Niantic or other generally\navailable third party web browsers (including without limitation automation software, bots, spiders,\ncrawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);\nattempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide\nthe Services or Content;\n\nbypass, remove, deactivate, descramble, or otherwise circumvent any technological measure\nimplemented by Niantic or any of Niantic’s providers or any other third party (including another\nuser) to protect the Services or Content;\nuse, display, mirror, or frame the Services or any individual element within the Services, Niantic’s\nname, any Niantic trademark, logo, or other proprietary information, or the layout and design of any\npage or App without Niantic’s express written consent;\npost, publish, submit or transmit any Content that infringes, misappropriates, or violates a third\nparty’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights,\nor rights of publicity or privacy;\naccess, tamper with, or use nonpublic areas of the Services, Niantic’s computer systems, or the\ntechnical delivery systems of Niantic’s providers;\nattempt to probe, scan, or test the vulnerability of any Niantic system or network or Service, or\nbreach any security or authentication measures;\nuse any meta tags or other hidden text or metadata utilizing a Niantic trademark, logo, URL, or\nproduct name without Niantic’s express written consent;\nforge any TCP/IP packet header or any part of the header information in any email or newsgroup\nposting, or in any way use the Services or Content to send altered, deceptive, or false source\nidentifying information;\ninterfere with, or attempt to interfere with, the access of any user, host, or network, including,\nwithout limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;\ndelete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services\nor the Content;\nviolate any applicable law or regulation; or\nencourage or enable any other individual to do any of the foregoing.\nAlthough Niantic is not obligated to monitor access to or use of the Services or Content or to review or\nedit any Content, we have the right to do so for the purpose of operating the Services, to ensure\ncompliance with these Terms, and to comply with applicable law or other legal requirements. We reserve\nthe right to remove or disable access to any Content, at any time and without notice. Niantic may remove\nany Content we consider to be objectionable or in violation of these Terms. We have the right to\ninvestigate violations of these Terms or conduct that affects the Services. We may also consult and\ncooperate with law enforcement authorities to prosecute users and others who violate the law.\nANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT\nLIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR\nAPP, IS A BREACH OF NIANTIC’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL\nAND CIVIL LAWS.\n7 Participation in Events\n7.1 Event Registration and Tickets\nThe term \"Event(s)\" means any in-person event, gathering, activity or the like which is directly organized,\nhosted, or managed by Niantic, and any Promotion (as defined below). By registering or, where required,\npurchasing tickets for an Event, you represent and warrant that the information you provide is true and\naccurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you\nhave all necessary rights and consents to register and provide this information for others.\nSubject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of Event\ntickets are permitted and tickets are non-transferable. Reasonably acceptable proof of identity, for example\na driver’s license or passport, showing the same first and last name as those provided at time of prior\n\nregistration, may be required to access an Event. Actual or attempted resale of tickets subjects them to\nrevocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or\ncounterfeit and may not be honored. Tickets cannot be replaced if lost, stolen or destroyed. Commercial\nuse of tickets is prohibited without written approval from Niantic. Tickets are not redeemable for cash or\ncredit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating\nthese restrictions are subject to cancellation without notice or refund. Events may have limited space and/or\navailability and Niantic does not guarantee your ability to purchase a ticket or attend an Event.\nUnless otherwise prohibited under applicable law, by attending an Event you acknowledge that Niantic will\nuse your data collected pursuant to the Privacy Policy for providing Event features (both in person and\nonline), including contacting you and giving you updates about the Event, mailing you\nrequired materials (e.g., a QR wristband), providing emergency or severe weather\nnotifications, or public Event leaderboards and gameplay competitions.\n7.2 Event Conduct and Policies\nYou shall at all times comply with all applicable laws and any rules and policies provided by Niantic or any\nother authorized party involved in creating or delivering the Event, including all health and safety policies\nand procedures and all reasonable instructions of the venue staff and Niantic representatives at the Event.\nAs a condition of participation, you agree to comply with all policies on the Sites, including, without\nlimitation, any applicable Event website.\nIllicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. You agree\nand consent to reasonable security precautions and search on entry. To the fullest extent permitted by\napplicable law, you waive and release Niantic and any other party involved in creating or delivering the Event\nfrom any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out\nof, result from, or relate in any way to such security precautions and/or searches. If you elect not to\nconsent to such security precautions and searches, you may be denied entry, or removed from, an Event\nwithout refund or other compensation.\nNiantic and its authorized third parties reserve the right to refuse admission to, or to remove from an\nEvent without refund or compensation of any kind, any person that (a) does not comply with these Terms,\n(b) engages in disorderly conduct or willful misconduct, or (c) Niantic or its authorized third parties believe\nwill cause a negative effect on the Event, participants, spectators, and/or personnel.\nAny minor attending an Event must be accompanied by a Parent.\n7.3 Assumption of Risks\nUnless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an\nEvent, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the\nEvent, including injury by any cause and damage, loss, or theft of property. You acknowledge that Events,\nand certain activities at Events, have inherent and unforeseen risks, including but not limited to (a) contact\nor collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface\nhazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected\nequipment failure), (d) weather related hazards, (e) inadequate first aid and/or emergency measures, (f)\njudgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or\nspectator behavior or errors in judgment by personnel at the Event), and (g) natural hazards (e.g., uneven or\ndifficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before\nattending or participating in an Event and its activities, for example consulting with a personal physician and\nensuring you are in good physical health, wearing appropriate attire, and bringing necessary or\nrecommended supplies. You further understand and acknowledge it is your responsibility to inspect the\nEvent grounds, facilities, equipment and areas to be used, and that by participating in the Event, you\nacknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and\n\nacceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks,\nyou agree to immediately notify appropriate personnel and cease participation in the Event.\nTo the extent permitted under applicable law, you hereby waive and release Niantic and any other party\ninvolved in creating or delivering the Event from any and all claims, demands, causes of action, damages,\nlosses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or\nparticipation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to\npersons or property and the actions of third parties or Event participants and spectators.\n7.4 Event Features and Cancellation\nSubject to applicable law, all schedules and any live or in-game experiences, activities, goods, services, perks,\nitems, rewards and/or Content (collectively \"Event Features\") advertised in connection with an Event\nare not guaranteed and are subject to change and/or cancellation at any time prior to or during an Event\nwithout notice or compensation of any kind. Admittance to an Event does not guarantee any specific Event\nFeatures while at the Event.\nEvent date, time and/or location are subject to change at any time, and Niantic will make a commercially\nreasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or\nrescheduled and you are not able to attend, you will not be entitled to any compensation other than a\nrefund of the ticket price at its face value with no further liability or compensation from Niantic or any\nother party. Any travel or accommodation costs incurred are entirely your responsibility.\n7.5 Recordings and Use of Likeness\nYou consent to and approve of Niantic’s recording of your image, likeness, name, dialogue, biographic\ninformation, personal characteristics, and voice at Events and the royalty free use of this information subject\nto the same \"Rights Granted by You\" above. Niantic may publish the results of any competitions (including\nrankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing\nmaterials and on social media in accordance with these Terms.\n8 Sweepstakes, Contests, Raffles, Surveys And Similar Promotions\nPeriodically, Niantic and/or its partners may organize sweepstakes, contests, raffles, surveys, games, and\nsimilar promotions on the Services (each a \"Promotion\"). In addition to these Terms, Promotions will be\nsubject to particular terms which we shall communicate to you at the time of these Promotions\n(“Promotional Terms”). By participating in any Promotion, you will become subject to those\nPromotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these\nTerms. Niantic urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and\nany Promotional Terms, governs any information you submit in connection with such Promotions.\n9 Beta Programs\nNiantic may offer you early access to certain pre-release mobile application software (\"Beta Software\")\nin order to allow you to test and provide feedback on Beta Software as part of Niantic’s beta testing\nprogram (“Beta Program”). This Section only applies to closed Beta Programs, where\nNiantic offers private access to selected testers. This Section does not apply to open\nbetas that Niantic makes publicly available on an app store.\nYou acknowledge that any product features or content, game documentation, promotional materials and/or\nany other information that Niantic may provide to you in connection with the Beta Program (\"Test\n\nMaterials\"), the Beta Software, as well as everything related to the Beta Program is the exclusive property\nof Niantic, is confidential, and should be treated as confidential until such time as Niantic releases it.\nIf Niantic offers you access to the Beta Software, then, subject to your compliance with these Terms,\nNiantic grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta\nSoftware solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta\nProgram.\nWithout limiting the foregoing and except as prohibited under applicable law, the following are prohibited\nand you may not:\ncopy, modify, or create derivative works based on the Beta Software;\ngive or sell the Beta Software to anyone;\nreverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of\nthe Beta Software;\ninstall the Beta Software on systems you don’t directly control or that you share with others;\ndiscuss the Beta Software with or demonstrate it to anyone outside of Niantic;\nblog, tweet, or otherwise publicly post information about the Beta Software;\ntake screenshots, photos, videos, or audio recordings of the Beta Software unless Niantic has allowed\nyou to do so in writing; or\nmake Beta Feedback (as defined below) available to any third party, unless approved by Niantic in\nwriting and in advance.\nBe careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph\nthe Beta Software. Please notify Niantic promptly of any unauthorized access or of any suspected breach of\nyour account’s security.\nNiantic may collect your comments, suggestions, and feedback on the Software, and may also track your use\nof the Software through analytic tools, in accordance with Niantic’s Privacy Policy. All such comments,\nsuggestions, feedback, and analytic data (collectively, the \"Beta Feedback\") is the exclusive property of\nNiantic.\nYou understand and agree that participation in the Beta Program is voluntary and does not create a legal\npartnership, agency, or employment relationship between you and Niantic, and you will not be compensated\nfor your participation or any Beta Feedback.  \nUnless prohibited by applicable law, all Test Materials are provided to you \"as is\" without any explicit or\nimplicit warranty of any kind. You understand that the Beta Software is in development and may contain\nerrors, bugs, and other problems that could cause loss of data and/or system failure. You should install the\nBeta Software on non-production devices that are not business critical and have been backed up. To the\nextent permitted under applicable law, Niantic is not liable in any way for any damages you might incur as a\nresult of your participation in the Beta Program.\nYou agree that any breach of your confidentiality obligation will result in irreparable harm to Niantic, the\nextent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy.\n Accordingly, you agree that in the event you breach your confidentiality obligation, Niantic will be entitled\nto injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies\nwhich it may have available.\n10 Third Party Websites or Resources\nServices may contain links to third party websites or resources. Niantic provides these links only as a\nconvenience and is not responsible for the content, products, or services on or available from those\n\nwebsites or resources, or links displayed on such websites. To the extent permitted under applicable law,\nyou acknowledge sole responsibility for and assume all risk arising from, your use of any third party\nwebsites or resources.\nNiantic is not responsible for the availability or quality of third party services, including cell phone networks,\nhotspots, wireless internet and other services. Such third party services may affect your ability to utilize the\nServices or participate in an Event and you hereby waive and release Niantic and any other party involved in\ncreating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or\nliability which may arise out of, result from, or relate in any way to such third party services.\n11 Disclaimer of Warranties\nTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE\nPROVIDED \"AS IS,\" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING,\nWE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR\nPURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT\nOF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES\nWILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR\nERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY,\nTIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.\nYOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND\nINTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH\nWHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU\nUNDERSTAND THAT NIANTIC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF\nANY USERS OF THE SERVICES. NIANTIC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO\nTHE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS\nIN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND\nWITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF\nYOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.\n12 Limitation of Liability\nTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIANTIC NOR ANY OTHER\nPARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL\nBE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR\nCONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE\nINTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE\nSERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR\nINABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS,\nINTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM\nYOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER\nBASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR\nANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIANTIC HAS BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO\nHAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE\nEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO\nTHE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED\nBY LAW IN THE APPLICABLE JURISDICTION.\nTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NIANTIC’S TOTAL\nLIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE\nUSE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS\n\n($1000), OR, IF CONTRACTING WITH NIANTIC INTERNATIONAL LIMITED, ONE THOUSAND\nPOUNDS (£1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE\nFUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NIANTIC AND YOU.\n13 Dispute Resolution\nYOU AGREE THAT DISPUTES BETWEEN YOU AND NIANTIC WILL BE RESOLVED\nBY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT\nTO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN\nANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.\nTHIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR\nANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT,\n(2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE \"ARBITRATION\"\nSECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED IN\nSECTION 13.1, “ARBITRATION,” BELOW.\n13.1 Arbitration\nIf you live in the US or another jurisdiction which allows you to agree to arbitration, you and Niantic agree\nthat any disputes will be settled by binding arbitration, except that each party retains the right: (a) to bring\nan individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of\ncompetent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a\nparty’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action\ndescribed in this clause (b), an \"IP Protection Action\"). Notwithstanding this arbitration agreement,\nNiantic reserves the right to bring an action in any court of competent jurisdiction against you to stop\nand/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location)\nof its IP, products, and Services.\nWithout limiting the preceding paragraph, you will also have the right to litigate any other dispute if you\nprovide Niantic with written notice of your desire to do so by email\nto termsofservice@nianticlabs.com within thirty (30) days following the date you first accept these Terms\n(such notice, an \"Arbitration Opt-out Notice\"). If you don’t provide Niantic with an Arbitration Opt-\nout Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived\nyour right to litigate any dispute except as expressly set forth in clauses (a) and (b) above. Further, unless\nboth you and Niantic otherwise agree in writing, the arbitrator may not consolidate more than one person’s\nclaims, and may not otherwise preside over any form of any class or representative proceeding. If this class\naction waiver is held unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as\nprovided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these\nTerms. If the terms of this Section 13.1 “Arbitration” are found unenforceable as to any claim for relief, that\nclaim must be severed from the arbitration and brought pursuant to Section 13.6, “Governing Law and\nExclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have\nexclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b)\nresolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim\nthat all or any part of it is void or voidable.\n13.2 Arbitration Rules\nThe arbitration will be administered by the American Arbitration Association (\"AAA\") in accordance with\nthe Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the\n“AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules\nare available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal\nArbitration Act will govern the interpretation and enforcement of this Section.\n\n13.3 Arbitration Process\nA party who desires to initiate arbitration must provide the other party with a written Demand for\nArbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration) The single\narbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the\nparties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within\nfourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in\naccordance with the AAA Rules.\n13.4 Arbitration Location and Procedure\nUnless you and Niantic otherwise agree, the arbitration will be conducted in a confidential manner, in the\ncounty where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted\nsolely on the basis of the documents that you and Niantic submit to the arbitrator, and there will be no\nother discovery conducted (such as depositions), unless the arbitrator determines that a hearing is\nnecessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.\nSubject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of\ninformation by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the\narbitrator’s discretion, absent a showing of good cause, in no event shall the parties be allowed more than\nthree (3) depositions per side, and there will be no corporate deposition of the type contemplated by\nFederal Rule of Civil Procedure 30(b)(6) and California Code of Civil Procedure 2025.230.\n13.5 Arbitrator’s Decision\nThe arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s\ndecision will be treated as confidential, and will include the essential findings and conclusions upon which\nthe arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any\ncourt of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of\nSection 12 \"Limitation of Liability\" as to the types and amounts of damages for which a party may be held\nliable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the\nextent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration,\nyou will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable\nlaw. Niantic will not seek, and hereby waives, all rights it may have under applicable law to recover\nattorneys’ fees and expenses if it prevails in arbitration.\n13.6 Governing Law and Exclusive Venue\nTo the extent that these Terms allow you or Niantic to initiate litigation in a court, other than for small\nclaims court actions, both you and Niantic agree to the exclusive jurisdiction of and venue in the state and\nfederal courts located in the Northern District of California. Each of the parties hereto waives any\nobjection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed\nby the laws of the State of California, excluding its conflicts-of-law rules. If you are resident in a member\nstate of the EEA or a country in which this clause is prohibited by local law, this section does not apply to\nyou, and does not deprive you of the protection of the mandatory provisions of the consumer protection\nlaws in your country.\n13.7 Fees\nOur responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the\nAAA Rules. However, if your claim for damages does not exceed $75,000, Niantic will pay all such fees\nunless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for\nArbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth\nin Federal Rules of Civil Procedure 11(b)).\n\n13.8 Changes to Dispute Resolution\nNotwithstanding the provisions of the \"Changes to Terms or Services\" section above, if Niantic changes this\n“Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent\nchanges to these Terms), you may reject any such change by sending us written notice (by email\nto termsofservice@nianticlabs.com) within thirty (30) days of the date such change became effective, as\nindicated in the “Last Updated” date above or in the date of Niantic’s email to you notifying you of such\nchange. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and\nNiantic in accordance with the provisions of this “Dispute Resolution” section as of the date you first\naccepted these Terms (or accepted any subsequent changes to these Terms).\n14 General\n14.1 Entire Agreement\nThese Terms constitute the entire and exclusive understanding and agreement between Niantic and you\nregarding the Services and Content, and these Terms supersede and replace any and all prior oral or\nwritten understandings or agreements between Niantic and you regarding the Services and Content.\n14.2 Severability\nIf any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the\nmaximum extent permissible and the other provisions of these Terms will remain in full force and effect.\nYou may not assign or transfer these Terms, by operation of law or otherwise, without Niantic’s prior\nwritten consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.\nNiantic may freely assign or transfer these Terms without restriction, and the transferor or assignor shall\nnot remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the\nbenefit of the parties, their successors and permitted assigns.\n14.3 Force Majeure\nNeither Niantic, any user, nor any other party involved in creating, producing, or delivering the Services or\nContent shall be liable with respect to any damages, injuries, nonperformance or delay in performance by\nreason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure,\ngovernmental order or regulation, trade dispute,or any other cause beyond its respective control.\n14.4 Notice\nAny notices or other communications provided by Niantic under these Terms, including those regarding\nmodifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made\nby email, the date of receipt will be deemed the date on which such notice is transmitted to any email\naddress Your provided.\n14.5 Waiver\nNiantic’s failure to enforce any right or provision of these Terms will not be considered a waiver of such\nright or provision. The waiver of any such right or provision will be effective only if in writing and signed by\na duly authorized representative of Niantic. Except as expressly set forth in these Terms, the exercise by\neither party of any of its remedies under these Terms will be without prejudice to its other remedies under\nthese Terms or otherwise.\n14.6 Contact Information\n\nIf you have any questions about these Terms or the Services, please contact Niantic\nat termsofservice@nianticlabs.com or 1 Ferry Building Suite 200, San Francisco, CA 94111.\n15 Terms Specific to Residents of the Republic of Korea\n15.1 Purchases by End Users in the Republic of Korea\nIf you live in the Republic of Korea, the E-Commerce Act provides you with certain rights to refunds within\nseven (7) days of purchase. However, please note that once you exchange Virtual Money for Virtual Goods\nwithin the App, a refund will no longer be available. We reserve the right to control, regulate, change, or\nremove any Virtual Money or Virtual Goods as permitted under applicable law without any liability to you.\n16 Terms Specific to Residents of the EEA\n16.1 Purchases and Refunds Services\nIf you live in the EEA, you have certain rights to withdraw from online purchases. However, please note\nthat once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase\nof Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal\nonce your purchase is complete. If you live in the EEA, we will provide you with a VAT invoice when we are\nrequired to do so by law. You agree that these invoices may be electronic in format. We reserve the right to\ncontrol, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.\n17 Terms Specific to Residents of Germany\n17.1 Limitation of Liability\nIn the event of intentional or gross negligence, including by its representatives and vicarious agents\n(Erfüllungsgehilfen), either Party shall be liable according to statutory provisions. The same shall apply in the\nevent of culpably caused damages resulting from an injury to life, body or health, in the event of damages\nresulting from a violation of a guarantee as to quality (Beschaffenheitsgarantie), as well as in the event of\ndefaults concealed fraudulently (arglistig verschwiegene Mängel).\nIn the event of damages to property and financial damages (Sach- und Vermögensschäden) caused by slight\nnegligence of either Party, its representatives or vicarious agents, such Party shall be liable only in the event\nof a violation of a contractual core duty (wesentliche Vertragspflicht), however limited to the amount of the\ndamage which was foreseeable at the time of conclusion of the contract and typical taking into account the\nnature of the contract (vorhersehbarer und vertragstypischer Schaden). Contractual core duties are such duties\nwhose accomplishment enables proper fulfilment of an agreement and whose observance the contracting\nparties may and do regularly rely on.\nInsofar as statutory limitations of liability acc. to Sec. 521, 599 German Civil Code apply to the provision of\nservices free of charge, they remain unaffected by the aforementioned provisions.\nLiability based on the German Product Liability Act shall remain unaffected.\nAny further liability of either Party other than set out above shall be excluded.\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":-1,"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."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user 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":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 without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"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"}]}