{"service":{"name":"Keep","url":"https://www.keepkeep.com/terms_of_use","lang":"ENG","sector":"Sport","hq":"China","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"10.05.2021"},"document":{"title":"","text":"Workouts\nTERMS OF USE\nLast modified: 10 May 2021\nINTRODUCTION\n \nThank you for registering to use Keep products. The following terms, together with any documents expressly\nincorporated herein by reference (collectively, these “Terms” or this “Agreement”), govern your access and use of the\nproducts and services provided by Keep, Inc., its affiliates, subsidiaries and related entities (hereinafter referred to as\n“Keep,” “we,” or “us”).  In order for you to better use our products and services, please carefully read, fully understand\nthese Terms, in particular the terms related to limitations of liabilities.\n \nTHESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.\n \nIF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE ANY OF OUR\nPRODUCTS AND SERVICES. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING OUR PRODUCTS AND\nSERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B)\nREPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS\nAGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.\n \n \nI. SCOPE OF THE TERMS\n1.1  This Agreement is between you and Keep, and all products and services provided by Keep shall be bound by this\nAgreement.\n \n1.2  The products and services under this Agreement refer to the products and services provided by Keep via Internet\nand mobile applications, including but not limited to Internet media, Internet value-added services, and interactive\nentertainment (in the form of, but not limited to, online video, pictures, software, technical code, etc.).\n \n1.3  All information we collect and use through or in connection with our products and services is subject to our\nPrivacy Policy. Additional terms and conditions may also apply to a specific product or service. The Privacy Policy,\nthese additional terms and conditions, and all other rules, announcements or notices Keep has published or may\npublish in future are hereby incorporated by this reference to this Agreement. If you do not agree to any of these\nadditional terms, you shall immediately discontinue the use of our products and services.\n \n1.4  Keep has the right to revise this Agreement (including but not limited to any new terms and amendments to\nexisting provisions) at any time in its sole discretion and to announce the changes in the form of an online bulletin\nwithout providing a notice to you separately. However, when any significant changes are made, we will notify you via\nour mobile applications or other means before the changes become effective. All changes become effective upon\npublication, immediately or at a time specified therein. Your continued use of our products and services following the\nposting of the revised Agreement means that you accept and agree to the changes. If you do not agree to the changes,\nyou should immediately stop using our products and services.\n fi\n\n1.5  As described in Section 1.3, additional terms and conditions may apply to a specific product or service developed\nor released by Keep (hereinafter referred to as “Individual Product Agreement”). In the event of any conflict between\nthe Individual Product Agreement and the other provisions of this Agreement, the Individual Product Agreement shall\nprevail. Your use of the specific product or service means that you accept and agree to the Individual Product\nAgreement.\n \n \nII. PRODUCT AND SERVICE INTRODUCTION\n2.1  Keep offers a wide range of Internet products and services, including but not limited to training courses and\nproducts and services related to running, walking, cycling, and other activities. You may use and purchase the\nproducts and services and Keep has the right to charge a fee for your use.\n \n2.2  You understand and agree that interruptions of our online services may occur as normal events that are out of our\ncontrol and that we have no control over the third-party networks or services that we may use to provide you with our\nproducts and services. We shall not be responsible for any losses or damages resulting from such interruptions.\n \n2.3  Some of our products and services are paid services. You will need to submit a payment before you can use or\ncontinue to use those products and services.\n \n2.4  Keep provides online products and services. You are responsible for (i) all costs and expenses related to any\ndevices you use to access our products and services, and (ii) any network charges you incur in connection with the use\nof our products and services (such as telephone and internet fees paid for the access to the Internet, and any mobile\ncharges for the use of mobile networks).\n \n2.5  Replacements, modifications, and upgrades\n2.5.1    In order to enhance your experience and improve the service content, Keep has the right to develop new\nproducts and services based on your feedback and the information collected through your use.\n2.5.2    Keep may from time to time in its sole discretion develop and provide updates to our products and services,\nwhich may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including\nrelated documentation, \"Updates\"). Updates may also modify or delete in their entirety certain features and\nfunctionality. You agree that Keep has no obligation to provide any Updates or to continue to provide or enable any\nparticular features or functionality.\n2.5.3    You understand and agree that Keep has the right not to notify you of the Updates or any changes to or\nrestrictions of any features or functionality.\n2.5.4    When a new version is released, the old version may not be available. You shall promptly download and install\nthe latest version and acknowledge and agree that our products and services or portions thereof may not be available\nor properly operate should you fail to do so.\n \n2.6  Third-party applications and services\nYou may access and use third-party applications (such as camera services) via our products and services. When using\nany such third-party application, you shall comply with this Agreement and any terms and conditions of the third-party\napplication. You understand and agree:\n2.6.1    When you use any application and service provided by a third party, the third party may collect and use your\npersonal data. You shall decide whether to provide such information to the third party. Keep shall not be responsible\nfor any third party’s use or disclosure of your information.\n2.6.2    Keep has the right to audit and manage the applications provided by third parties. Keep has the right to de-\nactivate or remove any third-party application from our products and services without notifying you, and shall not be\nresponsible for any impact or loss resulting therefrom.\n2.6.3    When using a third-party application, you shall: A. use your own account with the third party (i.e., Facebook,\nGoogle or Instagram) to login to our products; B. consent to the third-party application’s use of your personal data to\n\nprovide you with the access to our products and services. If you do not agree to the third parties’ privacy practices, do\nnot use their applications to login to or access our products and services.\n2.6.4    Any and all disputes arising out of or in connection with your use of third parties’ applications shall be resolved\nby you and the third parties; and in no event shall Keep be responsible for any losses and damages resulting from such\nuse.\n \n \nIII. INTELLECTUAL PROPERTY\n3.1  Keep owns all rights to Keep products (including but not limited to intellectual property rights and ownership). All\ncopyrights and all other intellectual property rights of Keep, and all information related to Keep, including but not\nlimited to: words and their combinations, icons, ornaments, color combinations, interface designs, layout frames,\nrelevant data, printed materials, or electronic documents are protected by the copyright, trademark, patent, trade\nsecret, and other intellectual property or proprietary rights laws of China and relevant international treaties.\n \n3.2  The entire contents, features, and functionality of our products (including but not limited to all information,\nsoftware, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by\nKeep, except those uploaded by users or explicitly identified as being provided by third parties.\n \n3.3  “Keep,” “K,” “Keepup,” “KeepKit,” “Keepland,” and all related names used within the logos, product and service\nnames, designs, and slogans relating to or used in connection with Keep’s business operation are trademarks of Keep\nand its licensors. You must not use any of the aforementioned marks without the prior written permission from Keep.\n \n3.4  Keep reserves and shall retain its entire right, title, and interest in and to the products and services, including all\ncopyrights, trademarks, patents, patent applications and other intellectual property rights therein or relating thereto.\n Keep does not grant you any intellectual property rights because of this Agreement or by providing the related\nproducts and services to you. The rights not expressly granted to you herein are reserved by Keep.\n \n \nIV. PRIVACY POLICY\n4.1  The protection of user personal information is a basic principle of Keep. Keep will collect, use, store, share,\ntransfer and otherwise process your personal information in accordance with the provisions of this Agreement, the\nPrivacy Policy and applicable data protection laws. If the provisions of this Agreement in relation to the protection of\npersonal information are in conflict with the Privacy Policy, or the contents of this Agreement in relation to the\nprotection of personal information are not expressly specified, the content of the Privacy Policy shall prevail.\n \n4.2  You may need to fill out some necessary information in the process of registering your account or using Keep\nproducts and services. You may be required to provide information about your true identity if the local laws and\nregulations applying to you require you to do so. If you provide incomplete information, you may not be able to use\nKeep products or services or be limited in the course of use.\n \n4.3  Keep will not transfer or disclose your personal information to any unrelated third party unless:\n4.3.1    Relevant laws and regulations or the requirements of the courts and government authorizations require us to do\nso;\n4.3.2    Transfer is performed to complete the merger, division, acquisition or transfer of assets;\n4.3.3    In order to provide you with our services (i.e., transferring data to third party providers we use);\n4.3.4    Other circumstances where Keep determines that it is necessary and does not violate the mandatory provisions\nof applicable data protection laws and regulations.\n \n\n4.4  Keep attaches great importance to the protection of minors’ information. If you are a minor under a certain age\ndepending you are located (e.g., in the EU, age below 16 unless a Member State provides by law for a lower age), you\nshould obtain the consent of your legal guardian prior to using the Keep service.\n \n \nV. USER ACCOUNTS, PASSWORD, AND SECURITY\n5.1  Registration Qualification\nYou confirm that you shall be a natural person, legal person or other organization with full capacity to register with our\nproducts and services. If you do not have the aforementioned capacity, you (or your guardian if you are a minor) shall\nbe responsible for all the consequences resulting from it, and Keep shall have the right to cancel or permanently freeze\nyour account and retain the right to claim damages from you or your guardian. Individuals under age of 16 may only\nuse our products and services with the involvement of a parent or legal guardian, under such person’s account and\notherwise subject to these Terms.\n \n5.2  Registration and Account\nTo have a full access to our products and services, you may be asked to provide certain registration details or other\ninformation. It is a condition of your use of our products and services that all the information you provide is correct,\ncurrent, and complete.\n \n5.3  Keep reminds you to protect your account and password and do not disclose the account number and password\nto others. You are responsible for keeping your account and password confidential and responsible for all activities that\noccur under your account and password (including but not limited to, information disclosure, information\ndissemination, online Click Approval or submission of various rule agreements, online renewal agreements or purchase\nservices, etc.). Keep cannot and will not be liable for any loss you incurred as a result of your failure to comply with the\nprovisions of this Agreement. If you find any unauthorized use of your account and password, you must immediately\nnotify Keep. You can submit your request via email to oversea-feedback@keep.com. You must understand and agree\nthat Keep may take a period of time to act upon your request and Keep will not be liable for any adverse\nconsequences that you have incurred before Keep takes any action.\n \n5.4  You can use a nickname with the account.  The nickname you use shall not infringe the rights and interests of\nothers. If the nickname you use is alleged to infringe upon the rights and interests of others, Keep has the right to\nterminate portions or all of the services. You shall be responsible for any loss and adverse consequences arising from\nit.\n \n \nVI. USER’S INSTRUCTION\n6.1  You agree to use Keep products and services in compliance with the following provisions:\n6.1.1    You agree to comply with all applicable laws and regulations, Keep’s rules and requirements, and this\nAgreement; you agree not to take any actions contrary to public interests or violate the rights and interests of others.\n6.1.2    Unless otherwise agreed by you and Keep, you shall not make commercial use of any data/information\nacquired from Keep, including but not limited to the use of the information or courses displayed in our products and\nservices in any manner, such as reproduction and dissemination, without the prior written consent of Keep.\n6.1.3    You agree not to use any device, software or program to intervene or attempt to intervene in the normal\noperation of Keep or any transactions or activities being carried out on our products and services.\n6.1.4    Except as otherwise required by law, no individual or organization may in any way copy, reprint, quote, link,\ncrawl or otherwise use the contents of our products and services, in whole or in part, without express written\npermission by Keep.\n \n6.2  You fully understand and agree:\n\n6.2.1    If you violate the foregoing undertakings and any other terms of this Agreement, you shall be solely responsible\nfor all consequences, and shall indemnify and hold harmless Keep from and against any claims, liabilities, damages,\njudgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to\nyour violation of these Terms.\n \n \nVII. DISCLAIMER\n7.1  You understand and agree that the use of Keep may encounter force majeure and other risk factors to cause\ninterruption or delay. Keep will strive to repair products and services. However, Keep may be exempted for such\ndamages caused according to local laws.\n \n7.2  Within the scope of law, Keep is not liable for termination of service or obstruction caused by the following\ncircumstances:\n7.2.1     Computer virus, Trojan horse or other malicious program and hacker attack;\n7.2.2    User’s computer software, system, hardware and communication lines;\n7.2.3    Improper operation of users;\n7.2.4    Use of the service is in a way without Keep’s authorization;\n7.2.5    Others that we cannot control or reasonably foresee.\n \n7.3  You understand and agree that using Keep products and services may encounter network information or the risks\nand damage by other users. Keep is not responsible to the authenticity, applicability, legality of such risks and\ndamages. These risks and damages include but are not limited to:\n7.3.1    Information that contains threats or defamation from anonymous or false impersonation;\n7.3.2    Any psychological, physical or financial damage caused because of other user’s misleading.\n \n7.4  Keep has the right, but not the obligation, to take actions regarding any unlawful content, product or service\naccording to this Agreement. Keep does not guarantee timely response to any violation of this Agreement.\n \n7.5  Third parties shall be solely responsible for their products and services made available through our products and\nservices.\n \n7.6  Disclaimer of Warranties. OUR PRODUCTS AND SERVICES ARE PROVIDED TO END USER \"AS IS\" AND WITH\nALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER\nAPPLICABLE LAW, KEEP, ON ITS OWN BEHALF AND ITS LICENSORS AND SERVICE PROVIDERS, EXPRESSLY\nDISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO\nTHE PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE\nOF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE\nFOREGOING, KEEP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY\nKIND THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED\nRESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES,\nOPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-\nFREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE\nLIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE\nEXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.\n \n\n7.7  Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KEEP\nOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO\nYOUR USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES FOR:\na)     PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES,\nLOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR\nANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.\nb)     DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU\nFOR THE PRODUCTS AND SERVICES.\nTHE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT,\nTORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE\nFORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS\nDO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY\nMAY NOT APPLY TO YOU.\n \n \nVIII. SUSPENSION, ALTER OR TERMINATION\n8.1  You should lawfully use products and services; otherwise, Keep has the right to take the following measures:\n8.1.1    Suspend or restrict your right to use our products and services, including but not limited to restricting your\nability to use certain features or functionality of our products and services;\n8.1.2    Terminate your right to use our products and services.\n \n8.2  Keep has the right to suspend, alter, terminate its products or part of its functions in accordance with its\ndevelopment plan, and to decide whether or not to provide certain products and services. Keep does not have an\nobligation to notify you about the foregoing information.\n \n8.3  Unless stipulated by the local law, you have the responsibility to back up the data stored in Keep. When your\nservice is terminated, Keep has the right to permanently delete all relevant data of you from the server, and does not\nhave the obligation to return or in any form provide to you, except as otherwise provided by our Privacy Policy.\n \n \nIX. SUBSCRIPTIONS\n9.1  We Offer In-App Purchases within Keep App with the selection of Monthly subscription (Workouts for All Levels)\nand Yearly Subscription (Get Your Personal Coach).\n \n9.2  The subscription costs $9.99 per month or $49.99 per year (The price is for US customers and prices may vary by\nlocation).\n \n9.3  Payment will be processed via iTunes Account / Google Play Account at confirmation of purchase.\n \n9.4  The subscriptions are automatically renewed unless turned off at least 24 hours before the end of the current\nperiod.\n \n9.5  Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of\nthe renewal.\n ff\n\n9.6  A 3-day Free Trial and 7-day Free Trial may be offered with the Monthly Subscription and Yearly Subscription. If\nyou do not cancel the subscription before the end of the Free Trial period, the monthly/Yearly subscription will auto\nrenew and you will be charged.\n \n9.7  Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account\nSettings after purchase.\n \n9.8  Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that\nservice.\n \n9.9  We reserve the right, at our sole discretion, to modify or adjust current and future pricing models for the use of our\nservice, at any time.\n \n \nX. REFUND POLICY\n10.1  All fees and charges are non-refundable and there are no refunds or credits for partially used periods. The service\nand your rights to use it expire at the end of the paid period of your subscription. The only way to receive a refund for\nsuch purchases is to contact Apple directly.\n \n10.2  Please be noted that automatic renewal of the service might occur for in-app purchases made through App Store\nand Google Play Store. In such case, refunds will not be issued. Users are responsible for cancelling future renewals at\nthe relevant APP market.\n \n \nXI. APPLICABLE LAW AND DISPUTE RESOLUTION\n11.1  This Agreement is signed in Chaoyang, Beijing, People’s Republic of China.\n \n11.2  The laws of the PRC mainland region (excluding conflict of laws) shall govern the formation, performance, and\ninterpretation of this Agreement and any dispute arising out of or in connection with this Agreement.\n \n11.3  If any dispute or dispute arises between you and Keep, you may choose to negotiate with us, or to submit the\ndispute to the Beijing Arbitration Commission located in Beijing. The arbitration shall be final and binding on both\nparties.\n \n \nXII. OTHERS\n12.1  If any terms in this Agreement are invalid or not enforceable for any reason, it shall not affect the binding force of\nthe remaining provisions.\n \n12.2  The title of the terms of this Agreement is provided for readability only and shall not be construed as a basis for\ninterpreting the terms of this Agreement.\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":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"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":"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 with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"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 does not reserve a right to delete content put in the service by the user"},{"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":"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 it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"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"}]}