Your personal data is used for automated decision-making, profiling or AI training
Explanation: 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
Explanation: 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 account can be deleted or permanently suspended without prior notice and without a reason
Explanation: At any time, your account can be terminated without explanation and without warning by the service.
Instead of asking directly, this Service will assume your consent to changes of terms merely from your usage
Explanation: The Service infers your acceptance from your continued usage, instead of prompting you to read the new Terms and asking for direct consent. This doesn’t apply to services that have no way to seek consent from users through their contact details or an account.
A license is kept on user-generated content even after you close your account
Explanation: 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.
You waive your right to a class action
Explanation: 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 content can be licensed to third parties
Explanation: By posting content through the Services, users grant them a transferable and/or sublicensable right, which allows user content to be licensed to third parties.
The service does not guarantee that software errors will be corrected
Explanation: Users agree to use the service and its software as provided and accept that any errors within that software may not be corrected.
You are forced into binding arbitration in case of disputes
Explanation: 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
Explanation: The service can claim ownership on feedback, proposals, ideas and suggestions submitted by the users, who may waive their "moral rights" on that feedback.
Per the service's terms, you may not express negative opinions about them
Explanation: 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 use is throttled
Explanation: 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.
You shall not interfere with another person's enjoyment of the service
Explanation: Users are asked not to interfere with another person't enjoyment in using the service.
However, this statement is very vague and open to interpretation by the service itself.
Your data may be processed and stored anywhere in the world
Explanation: 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.
Any liability on behalf of the service is only limited to the fees you paid as a user
You maintain ownership of your content
Explanation: 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.
The service will try to inform and/or notify you regarding government inquiries that may involve your personal information
Explanation: In case the Government governing the Terms requests personal data of a user of this service, they will make reasonable efforts to inform/notify the user (e.g. warrant canary).
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (California, U.S.A.)
Explanation: 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.
You have the right to leave this service at any time
Explanation: 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.
The service has non-exclusive use of your content
Explanation: 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
Your content can be deleted if you violate the terms
Explanation: Content infringing the Terms of Service (or the Acceptable Use Policy or equivalent) may be removed, with or without notice.
Your content can be distributed through any media known now or in the future
There is a date of the last update of the agreements
Explanation: The given text has a date that allows to know when it was last updated.
The service assumes no liability for any damages the user incurs
Explanation: 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
They may stop providing the service at any time
Explanation: 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.
Defend, indemnify, hold harmless; survives termination
This service does not condone any ideas contained in its user-generated contents
The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service
Explanation: 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
Explanation: You must provide the service with your information in order to use it
You are prohibited from sending chain letters, junk mail, spam or any unsolicited messages
Explanation: Users are not allowed to use the service for chain letters, junk mail, spamming or any other distribution of content to people who have not agreed to receiving it.
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
Explanation: 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.
You are prohibited from posting content which promotes violence or politically or religiously extremist values
Explanation: Users are not allowed to post extremist political or religious content. They are also not allowed to post content that glorifies violence.
Banned users are prohibited from creating a new account
Explanation: Once users have been permanently banned from this service, they are not allowed to create a new account to keep using the service.
No guarantee is given regarding quality
Explanation: The Service doesn't warrant or guarantee the quality of the products or services provided.
You agree not to submit libelous, harassing or threatening content
Explanation: 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.
If you are the target of a copyright claim, your content may be removed
Explanation: The content you have published on the service may be removed if it infringes copyright.
Your account can be suspended for several reasons
This service is only available to users over 13 years old
Explanation: 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
Explanation: Users are not allowed to post any content of pornographic nature. This includes adult content, things that are sexually explicit, or obscene.
Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder
Explanation: 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.
The service does not guarantee accuracy or reliability of the information provided
Explanation: 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 cannot distribute or disclose your account to third parties
Explanation: 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
Explanation: The service asks the user to notify them immediately of any unauthorized use or security breaches.
Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision
Explanation: 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.
Instructions are provided on how to submit a copyright claim
Explanation: 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.
You are responsible for maintaining the security of your account and for the activities on your account
Explanation: 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 agree not to use the service for illegal purposes
Explanation: The user agrees not to commit any unlawful acts through the use of the website, including the posting of illegal content or messaging.
The terms may be changed at any time, but you will receive notification of the changes
Explanation: The Terms may be updated without prior notice, but users will be notified of the changes at the moment they will start applying.
This service does not guarantee that it or the products obtained through it meet your expectations or requirements
Explanation: 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.
The service is not responsible for linked or (clearly) quoted content from third-party content providers
Explanation: Weight used to be 50.
The court of law governing the terms is in the State of California, U.S.A.
Explanation: The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
Third parties are involved in operating the service
Minors must have the authorization of their legal guardians to use the service
Explanation: 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.
Explanation: 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.