Your browsing history can be viewed by the service
The service can view your search history and the websites you visit, which is an extremely intrusive way of collecting information that may include personal and/or sensitive data.
You waive your moral rights
Moral rights are rights to creators of literary, dramatic, musical and artistic works, as well as directors of films.
"The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work." -Wikipedia
In general, any terms that use the exact words "moral rights" as rights that are waived will fall under this Case.
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.
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.
Users can be fined for Terms of Service violations
Service fines users for violating provisions in the Terms of Service
Prices and fees may be changed at any time, without notice to you (for Virtual Items)
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).
Many different types of personal data are collected
The service collects different kinds of personal data, such as name, demographic information, postal address, biometric data, device information, IDs, contacts, call logs...
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...)
This service shares your personal data with third parties that are not essential to its operation
Your personal data is or may be given to third parties nonessential to the service’s operation. This could be a business partner that receives your data to provide targeted advertisements.
Third-party cookies are used for advertising
The service's website sets third-party cookies (cookies that do not belong to their domain) for purposes not including statistics and analytics.
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.
Many third parties are involved in operating the service
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.
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.
This service takes credit for your content
Your personal data may be used for marketing purposes
The service may use your personal data for marketing, such as sending you personalised offerings.
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.
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.
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.
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.
Your profile is combined across various products
When using multiple services from one same company, they can combine these (unrelated) information sources about you to build up a single richer user profile about you.
Your personal information is used for many different purposes
Personal Data can be processed for many reasons, including non essential processing such as for advertising, marketing and analytics purposes.
Per the service's terms, you may not express negative opinions about them
Criticising, questioning, making objections or complaints about the Service, its staff or anything related to it is prohibited and constitutes a breach of the Terms.
Your personal data is used to employ targeted third-party advertising
Your Personal Information is traded and shared with advertising companies to target ads on you, either on the website you were visiting or in third party websites. Your interaction with the service and data you have shared with them may be gathered to create an advertising ID or profile.
Certain features may be throttled
The service may impose limits or restrictions to the use of the service, thus negatively impacting users experience. They may do so without reason or prior notice.
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.
Inconvenient process for obtaining personal data
This applies to cases where obtaining personal data requires sending a written letter by mail or is otherwise more complicated and time consuming than necessary.
Third-party cookies are employed, but with opt out instructions
Personal information that is shared outside its jurisdiction is processed according to the original jurisdiction’s data protection standards
The service has arrangements in place to ensure that users' personal information, if shared with an entity outside of the service's jurisdiction, is processed to the same standards that apply to the processing of personal data in the service's jurisdiction.
User accounts can be terminated after having been in breach of the Terms of Service repeatedly
Your account can be terminated for having been in breach of the Terms of Service/Community Guidelines/any other relevant policy. Your account can not be terminated without a reason.
Promises will be kept after a merger or acquisition
If the service gets acquired or needs to transfer personal data after a merger, bankruptcy, reorganisation or sale of the services, the data will still be processed in a manner that honours the promises made in the agreements.
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.
You aren’t forced into binding arbitration in case of disputes
Binding Arbitration is a dispute resolution method involving a neutral third party which will render a decision instead of going to court. Since the arbitrator can decide the outgoing of a dispute without evidences or a legal basis, it is preferable that users decide whether they want or not their dispute to be resolved this way.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (Sweden)
The Terms are governed by the applicable laws of a jurisdiction known for protecting citizens privacy with strong data regulations. Usually contributors will need to explain in the Analysis view of each point linked to this Case why the jurisdiction is friendly to user privacy protection.
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.
You can retrieve an archive of your data
Users can request a copy of the data collected through the services and infer from it the amount of personal information that is processed and stored by the Service. This usually applies to Services GDPR compliants.
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 entitled to a refund if certain thresholds or standards are not met by the service
Your feedback is invited regarding changes to the terms
The Service takes user suggestions into account to update its Terms.
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.
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.
Your personal data is not sold
This service makes the claim that your personal data is not being sold, rented or traded with third parties. This, however, may not always be an accurate statement as it may be, more often than not, based entirely on a very loose legal definition on “selling”, whereas other jurisdictions may actually constitute their sharing of your personal data as “selling”.
Third parties used by the service are bound by confidentiality obligations
The Third Parties accessing your personal information must keep it confidential and only use it for limited purposes.
This service provides a list of third parties involved in its operation
The service provides a list detailing the third parties involved, their roles, and may even provide more information.
The service claims to be GDPR compliant for European users
The service has a different behavior towards users protected by the GDPR.
The service claims to be CCPA compliant for California users
The service has a different behavior towards users protected by the California Consumer Privacy Act.
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.
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.
You should revisit the terms periodically, although in case of material changes, the service will notify
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.
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.
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.
Defend, indemnify, hold harmless; survives termination
The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service
The service provider expressly does not claim to provide uninterrupted, timely, secure or error-free service.
You must create an account to use this service
You must provide the service with your information in order to use it
You are prohibited from attempting to gain unauthorized access to other computer systems
The service does not allow any attempts at hacking or otherwise gaining unauthorized access to other users' computers.
Spidering, crawling, or accessing the site through any automated means is not allowed
This service is only available to users over 16 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.
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 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.
Your personal data is aggregated into statistics
Your personal data may be used for statistics, usually in a de-identified/aggregated form (i.e. not directly linked to a unique identity) to analyse trends, for research and/or for analytics.
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.
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.
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.
You cannot distribute or disclose your account to third parties
In this context third-parties refers to anyone including friends, family, or company
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.
First-party cookies are used
First-party cookies only belong to the domain of the service and not a third party.
Your IP address is collected, which can be used to view your approximate location
Third parties are involved in operating the service
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.
The court of law governing the terms is in Stockholm, Sweden
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").