Your data is collected even if you did not interact with the service directly
Some services store data on you even if you did not provide that data yourself. For example, users might provide access to their address book, after which a service might also store the phone numbers of that person's contacts.
Specific content can be deleted without reason and may be removed without prior notice
This service can delete specific content. Usually they will claim they reserve the right to do it at their sole discretion, which is legalese for saying they won't give a specific reason. If the terms say they will not notify you, it shall be included in the quote but if it does not explicitly say they will give you a notice, it can be reasonably inferred that they can do it without telling you.
Your personal data is used for automated decision-making, profiling or AI training
Personal data or content you share with the service may be processed to make decisions by automated means without human involvement. This includes profiling, which is any form of automated processing of your information to analyse or predict things like your economic situation, health, personal preferences or interests; as well as Artificial Intelligence training.
You must provide your identifiable information
The Service requires users to provide their identifiable information, including phone number, iD number or other information, even though this data collection isn’t essential for the purposes of the service. They may still allow pseudonyms in the foreground.
Prices and fees may be changed at any time, without notice to you
The service reserves the right to change or modify its pricing and fees at any time, and such changes are effective immediately without need for further notice to the user.
Location data may be collected, used and/or shared
Location-based information is collected and may be used and/or shared with third parties for purposes not directly related to the services provided (i.e. the Service doesn't rely on the use or share of location data to function properly).
Some personal data may be kept for business interests or legal obligations
After the end of the data retention period and/or if you request the deletion of your data, they may still keep it for business interests (fraud detection, transactions...) or legal obligations (tax, legal reporting...)
Your account can be deleted or permanently suspended without prior notice and without a reason
At any time, your account can be terminated without explanation and without warning by the service.
Your personal data may be used for marketing purposes
The service may use your personal data for marketing, such as sending you personalised offerings.
Information is gathered about you through third parties
This Service may employ, either identifiable or non-identifiable, data collection from third party sources about you.
This service tracks which web page referred you to it
The service logs the URL of the last web page you visited before and/or after visiting the Site and may use that information to gather more data about you.
You waive your right to a class action
The right to be represented in a class action (or representative action) exists in the US and some European countries. It allows people who have been similarly injured by the same accused to take legal action by a single lawsuit instead of individually. Some Terms of Service try to limit that right. By agreeing to them, you could waive (= renounce to) your right to a class action, which might reduce your chances to be successful in a case.
You are forced into binding arbitration in case of disputes
This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.
If you offer suggestions to the service, they become the owner of the ideas that you give them
The service can claim ownership on feedback, proposals, ideas and suggestions submitted by the users, who may waive their "moral rights" on that feedback.
A license is kept on user-generated content even after you close your account
The service may still use your content and display it after you stopped using it by closing your account. The case applies to terms requiring users to grant them a perpetual license over that content.
Your data is processed and stored in a country that is less friendly to user privacy protection (U.S.A.)
This case means that user data is not anywhere in the world, but somewhere where it is more likely to be obtained and used by government and/or possible data analysts.
Your personal data may be sold or otherwise transferred as part of a bankruptcy proceeding or other type of financial transaction
If the service gets acquired or is involved in a merger, bankruptcy, reorganisation or sale, your personal data may be transferred or sold.
Your personal data may be disclosed to comply with government requests without notice to you
If the Government governing the Terms requests personal data of a user of this service, they may not inform/notify the user while complying with the request.
The service does not guarantee that software errors will be corrected
Users agree to use the service and its software as provided and accept that any errors within that software may not be corrected.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection (Delaware, U.S.A.)
The Terms are governed by the applicable laws of a jurisdiction known for weak data regulations and poor user privacy protection. Usually contributors will need to explain in the Analysis view of each point linked to this Case the reason why it shall be applied.
Your data may be processed and stored anywhere in the world
Your data is stored all over the world, including in countries where data protection rules may differ from the ones of the service's jurisdiction or those of your country jurisdiction.
Third-party cookies are used for statistics
For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
Any liability on behalf of the service is only limited to the fees you paid as a user or USD $100
Third-party cookies are employed, but with opt out instructions
Features of the service are available under a free software license
This case applies to services under a license that is either free software (free as in "freedom"), or just open source. This means that the code is entirely open source. For free software licenses, according to the Free Software Foundation, "free software is the software that grants the user the freedom to share, study, and modify it".
You maintain ownership of your content (unless it contains copyrighted material from Scratch)
This service does not claim ownership over user-generated content or materials, and the user doesn't need to waive any moral rights by posting owned content.
Information is provided about how your personal data is collected
The service details situations in which they collect personal information or means by which they do.
The data retention period is kept to the minimum necessary for fulfilling its purposes
The service will remove personal data from its systems once it is no longer required. Depending on the type of information and the reason it was collected, data retention periods will vary.
You can request access, correction and/or deletion of your data
Users have the right to access personal data hold by the Service, correct it and/or permanently delete it. This usually applies to Services GDPR compliants.
When the service wants to make a material change to its terms, you are notified at least 30 days in advance
The service may update the Terms without notice, but if they significantly change the agreements in a manner that importantly and/or negatively affects the way the service is used, users will be notified at least 30 days in advance.
You are informed about the risk of publishing personal info online
A complaint mechanism is provided for the handling of personal data
The service provides users with contact information for an internal or external structure to lodge complaints. It also provides users with contact information for a higher data protection / privacy office in case the internal mechanism fails to satisfy the user.
The service reviews its Privacy Policy on a regular basis
Users know the date the privacy policy was last updated and can thus infer the next time it will be reviewed. This gives users more certainty about how long they can trust the current policy to apply.
Information is provided about what kind of personal information is collected
The Privacy Policy describes in detail the data collected through the website and through the services provided.
Information is provided about how your personal data is used
The Privacy Policy explains the purposes for which data is collected and the way it is processed, used and shared.
You are warned of the potential consequences related to third-party access
This is different from disclaiming liability for external links, which is handled by the "This service assumes no responsibility and liability for the contents of links to other websites" case.
If you are the target of a copyright holder's take down notice, this service gives you the opportunity to defend yourself
You have the right to send a counter-notice to the service if you believe the content that was removed wasn't infringing any copyright.
An anonymous payment method is offered (donations only)
Some services allow payments via cryptocurrencies, so that users don’t need to reveal their identity to payment processors.
Information is provided about security practices
It's important to know what security measures are taken to protect your data from unauthorized access. This case applies to the Agreements that precisely explain their security practices.
You have the right to leave this service at any time
You can stop using the service and/or cancel or delete your account at any time for any reason. Moreover, the termination is reasonably fast and simple.
You can opt out of promotional communications
You can update your account preferences and/or easily unsubscribe of email/sms lists to stop receiving promotional communications.
The service has non-exclusive use of your content
The service can pay for your content and you are allowed to make it commercially available to other services/parties.
You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
There is a date of the last update of the agreements
The given text has a date that allows to know when it was last updated.
You are allowed to quote their content with attribution
You authorise the service to charge a credit card supplied on re-occurring basis
You card will be billed on recurring basis unless cancelled. For instance, monthly or annual subscriptions.
The service assumes no liability for any damages the user incurs
The service assumes no liability for any damages the user incurs, including tangible (e.g. profits) and intangible losses (e.g. data), resulting from the use or inability to use the service or any other matter relating to the service.
This service can use your content for all their existing and future services
Blocking first-party cookies may limit your ability to use the service
Most browsers allow users to set preferences related to cookies storage. You may choose to block all cookies (including first-party cookies), but it may impact your use of this service and you may not be able to access some or any of the features provided.
Your content can be deleted if you violate the terms
Content infringing the Terms of Service (or the Acceptable Use Policy or equivalent) may be removed, with or without notice.
This service assumes no responsibility and liability for the contents of links to other websites
The service rejects any responsibility for the contents of other websites to which it links.
Conditions may change, but your continued acceptance is not inferred from an earlier acceptance
When you're not logged in to a service, but use it repeatedly, it may still feel weird that their terms and conditions can change between one use and the next. However, this does not violate the rule-of-thumb that each new version should be accepted from scratch, without inferring your acceptance from the acceptance of an earlier version. Since no acceptance is inferred from continued use, but only from current use, we rate this as neutral instead of bad.
This service has a no refund policy with some exceptions
Payments can be refunded if some requirements are fulfilled.
The service can stop being provided at any time
They may discontinue the services without prior notice, at any time, for any or no reason. They usually assume no liability for losses and damages resulting from this suspension.
This service gives your personal data to third parties involved in its operation
Your personal data is or may be given to third parties essential to the service’s operation. This could be an external spam detection service for an internet forum.
This service does not condone any ideas contained in its user-generated contents
Defend, indemnify, hold harmless; survives termination
Your private content may be accessed by people working for the service
No warranty is made regarding an uninterrupted, timely, secure and/or error-free experience
The service provider expressly does not claim to provide uninterrupted, timely, secure or error-free service.
This service is only available for use individually and non-commercially
Users can't use the Service for commercial purposes (unless the Service consents): it is only for personal, individual purposes.
You must create an account to use this service
You must provide the service with your information in order to use it
Banned users are prohibited from creating a new account
Once users have been permanently banned from this service, they are not allowed to create a new account to keep using the service.
You agree not to submit libelous, harassing or threatening content
This service prohibits users from submitting content of a variety of types. This can include content that is unlawful, harassing, abusive, threatening, libelous, sexist, racist, homophobic, transphobic, or discriminatory in any other way.
You are prohibited from posting content which promotes violence or politically or religiously extremist values
Users are not allowed to post extremist political or religious content. They are also not allowed to post content that glorifies violence.
Spidering, crawling, or accessing the site through any automated means is not allowed
The service is provided 'as is' and to be used at your sole risk
This service does not provide any guarantees as to its usability or fitness for the users' purposes. Users agree to use it at their own risk, accepting any possible bugs, malfunctions or harm to their devices.
The posting of pornographic content is prohibited
Users are not allowed to post any content of pornographic nature. This includes adult content, things that are sexually explicit, or obscene.
This service is only available to users over 18 years old
The Services are intended for users who are at least a certain age. If you are younger than the age required then you are prohibited from using the Service.
If you are the target of a copyright claim, your content may be removed
The content you have published on the service may be removed if it infringes copyright.
This service informs you that its Privacy Policy does not apply to third-party services
The service states that whenever it links to third party websites or applications, its privacy policy does not apply. Those third party websites or applications hosted or operated by other organizations may have their own privacy policies.
Your personal data is aggregated into statistics
Your personal data is used for statistics in a de-identified/aggregated form (i.e. not directly linked to a unique identity) to analyse trends, for research and for analytics.
First-party cookies are used
First-party cookies only belong to the domain of the service and not a third party.
The service does not guarantee accuracy or reliability of the information provided
This service makes no warranty regarding the accuracy or reliability of any information that is given on its website or the results that may be obtained from the use of the service.
Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder
Should any portion of the Terms of Service be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the TOS will remain valid and enforceable.
Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision
Even if the service does not or not always enforce all of the rules or provisions contained in its terms, they still apply. Users can at a later time still be held accountable for violating provisions that have not been enforced consistently.
You agree not to use the service for illegal purposes
The user agrees not to commit any unlawful acts through the use of the website, including the posting of illegal content or messaging.
Instructions are provided on how to submit a copyright claim
If content that you own is copied or made accessible through the service in a way that constitutes an intellectual property right infringement, you can report it following the instructions given in the agreements.
This service informs you that its Terms of Service does not apply to third-party services
The service states that whenever it links to third party websites or applications, its Terms of Service does not apply. Those third party websites or applications hosted or operated by other organizations may have their Terms of Service.
You must report to the service any unauthorized use of your account or any breach of security
The service asks the user to notify them immediately of any unauthorized use or security breaches.
You are responsible for maintaining the security of your account and for the activities on your account
You are responsible for protecting the confidentiality of your password and for maintaining the security of your account. Any activity occurring under your account is your responsibility, whether authorized by you or not.
The court of law governing the terms is in the State of Delaware, U.S.A.
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
This service does not guarantee that it or the products obtained through it meet your expectations or requirements
This service provider informs its users that the services, information, products, or other materials provided on its website may not meet the users' expectations or requirements.
Your IP address is collected, which can be used to view your approximate location
Other applicable rules, terms, conditions or guidelines
Use of the service is subject also to an exhaustive list of other documents containing rules, guidelines, terms or policies (in addition to the obvious Terms of Service/Terms of Use and Privacy Policy/Data Use Policy)
Third parties are involved in operating the service
This service cannot be held responsible for disputes that you may have with other users
You are responsible for the interactions and the disputes that may occur with other users of the Service. In the event of a dispute, you release the Service from all claims resulting from it.
Minors must have the authorization of their legal guardians to use the service
Minors must have the authorization of their legal guardians to use the services. The legal guardians are responsible for the use of the service by the minor.