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chenghao

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tos_pp_dataset

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{"service":{"name":"Baidu AI Cloud","url":"https://intl.cloud.baidu.com/doc/Agreements/index.html","lang":"ENG","sector":"Cloud storage","hq":"China","hq_category":"Other","is_public":"Public","is_paid":"Optionally paid","date":"13.01.2022"},"document":{"title":"","text":"Agreements 文档\n2022-01-13\n\n2\n3\n3\n3\n3\n5\n9\n10\n11\n12\n14\n15\n16\n16\n16\n18\n18\n19\n20\n21\n23\n24\n25\n27\n27\n27\n28\n28\n目录\n目录\nBaidu AI Cloud User Service Agreement\nStatement\nGeneral Principles\nAbout Baidu AI Cloud Account\nRights and Obligations of Users\nRights and Obligations of Baidu AI Cloud\nUser Business Data and Public Information\nService Provisioning, Payment and Termination\nDisclaimer\nIntellectual Property Rights\nConfidentiality\nOthers\nPrivacy Policy\nIntroduction\nThe Scope of Application of the Agreement\nHow we collect your personal information\nHow we use your personal information\nHow we use cookies and similar technologies\nHow we share, transfer, and publicly disclose your personal information\nHow we save and protect your personal information\nUser Business Data and Public Information\nYour Rights\nHow we process the personal information of minors\nHow to transfer your personal information across borders\nHow to update this Privacy Policy\nHow to contact us\nAppendix\nBaidu 百度智能云文档\n目录\n2\n\nBaidu AI Cloud User Service Agreement\nStatement\nRegarding the versions of agreement provided by Baidu AI Cloud China Station, the Chinese version shall prevail, and the\nEnglish version is for reference only.\nThis service agreement is a valid and binding contract entered into by and between Beijing Baidu Netcom Science and\nTechnology Co., Ltd. (hereinafter “this company” or “Baidu AI Cloud”), the operator of Baidu AI Cloud website (cloud.baidu.com,\nhereinafter “this website”) and the user (hereinafter “you”).\nBaidu AI Cloud provides you with the products and services (hereinafter “Baidu AI Cloud services” and “this service”) displayed\non this website, and will continuously update the scope of products and services and service content. The latest Baidu AI\nCloud services are subject to those displayed on the product and service introduction pages on this website and those actually\nprovided to you. After you renew the agreement or order a new product or service, you shall abide by the terms of service\neffective at the time. The relevant content in this agreement may be updated after Baidu AI Cloud launches new products and\nservices.\nGeneral Principles\n1. You confirm that: Before using this service, you have fully read, understood and accepted all the terms and conditions of\nthis service agreement. Please carefully read and fully understand the content of each clause, especially the clauses of\nexemption or limitation of liability, and governing law and dispute resolution clauses. If you have any questions about the\nagreement, you can enquire about customer service or relevant business departments. Clicking to agree on the web page\nmeans that you have fully read, understood and accepted all the terms and conditions of this agreement, and reached an\nagreement with Baidu AI Cloud.\n2. You agree that: Baidu AI Cloud has the right to unilaterally modify the content of this service agreement and corresponding\nservice rules at any time, and has the right to announce the modifications through push notifications, web announcements,\nand so on, without serving a separate notification to you. If, following the announcement of the changes to the content of\nthis service agreement, you do not agree to the modified service agreement, you have the right to cease using the service\nimmediately. Your continued use of the service means that you have fully read, understood and accepted the terms and\nconditions of the modified agreement, and will also uses this service in accordance with the modified agreement.\n3. This agreement also covers the terms and conditions on relevant agreements, business rules, confidentiality agreements,\nand so on that Baidu AI Cloud may continue to add and publish concerning the services provided. Once the above content\nis officially released and notified to you as described in Article 3, the content becomes an integral part of this agreement,\nand you should abide by the said content.\nAbout Baidu AI Cloud Account\n1. Account type\n(1) Baidu AI Cloud account consists of personal account and corporate account\n(2) The personal account is a general Baidu account, and can be registered using a mobile phone or email. Mainly geared\nto individual users and developers.\n(3) Corporate account is a user account system geared to Baidu AI Cloud commercial products. Compared to personal\naccount, corporate account has higher security level with more product options.\n(4) At the time of registration, you can learn more about it through the registration instructions on the registration page.\n2. Register an account\n(1) Right as principal You confirm that: When you complete the registration or actually use this service in other ways\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n3\n\npermitted by Baidu AI Cloud, you should be a natural person, legal person or other organization with full capacity for civil\nrights and full capacity for civil conduct (hereinafter collectively “legal subjects”).\n(2) Register an account\nBefore using this service, you must first register and obtain the account provided by this company. You undertake\nand guarantee that:\nYou have fully read the registration guides on the website of Baidu AI Cloud and selected the account type correctly.\nBaidu AI Cloud does not assume any responsibility for problems resulting from improper selection of account type.\nThe user information you fill out is true, accurate, complete and timely, and it is ensured that Baidu AI Cloud can\ncontact you via the contact details you provide.\nYou should provide corresponding information such as identification, and corporate qualifications in a timely manner\naccording to the requirements of Baidu AI Cloud service. Otherwise, Baidu AI Cloud has the right to refuse to provide\nyou with relevant services.\nIf the data or information you provide contains incorrect or untrue information, Baidu AI Cloud reserves the right to\ncancel your qualification for account registration, suspend or terminate the service to you.\nYou are responsible for your Baidu AI Cloud account. Your Baidu AI Cloud account can only be used by you. Without\nthe consent of Baidu AI Cloud and the change to the account under the real name system, this account shall not be\ntransferred, used as a gift or bequeathed. Otherwise, Baidu AI Cloud has the right to recover the said account.\nTo register as an agent for other natural persons or entities, you must provide Baidu AI Cloud with detailed materials\nand written authorization of the agent and the principal. If the aforesaid materials and documents are not provided,\nBaidu AI Cloud will treat the registrant as the member.\nYou should accurately fill out and update the contact details such as email address, contact number, mailing\naddress, and zip code so that Baidu AI Cloud or other members can contact you. You should solely bear any losses\nor additional costs you incur when using Baidu AI Cloud services if you cannot be contacted through these contact\nmethods. You understand and agree that you are obliged to maintain the validity of the contact details you provide. If\nany change needs to be updated, you should perform the update in accordance with the requirements of Baidu AI\nCloud.\n（3）Responsibility for account\nBaidu AI Cloud identifies your instructions through your username and password. Please keep safe your username and\npassword. You must assume full responsibility for keeping confidential your password and account. You need to assume\nfull responsibility for all activities that take place under your account. The loss caused by the disclosed password or\nforgotten user name shall be borne solely by you. At no time can you use another person’s account without the consent of\nthe account holder. You shall assume the corresponding responsibility for the losses incurred by Baidu AI Cloud or a third\nparty due to other people’s use of your account or due to your use of other people’s account.\nIf you are aware that anyone fraudulently uses or steals your account and password, or makes any other unauthorized use\nor has any other acts of endangering security, you should immediately notify Baidu AI Cloud in a valid manner and request\nBaidu AI Cloud to suspend related services. At the same time, you understand that it requires a reasonable time limit for\nBaidu AI Cloud to take action according to your request. Prior to this, Baidu AI Cloud does not assume any liability for the\nexecuted instructions and the losses caused to you.\n3. Idnetity verification\nYou understand and undertake that Baidu AI Cloud has the right to require you to complete the identity verification of your\nBaidu AI Cloud account to ensure the security of account and transactions. At the same time, Baidu AI Cloud may require\nyou to provide information such as additional identity materials or enterprise qualifications according to law for further\nidentity verification or qualification verification regarding certain products or services. Your account is only qualified to use\nrelated products or services after the authentication and verifications are successful.\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n4\n\n4. Associated account\nIn general, your Baidu AI Cloud account is your unique identification basis for any activity performed on this website, and\nactivities can be performed independently on this website under each Baidu AI Cloud account. However, under the following\ncircumstances, Baidu AI Cloud has the right to make special provisions regarding multiple Baidu AI Cloud accounts owned\nby the same and/or associated legal entities at its sole discretion, including but not limited to:\n1) Multiple Baidu AI Cloud accounts have a relationship such as master account and sub-accounts, authorization account\nand authorized accounts, and are jointly and severally liable to each other in accordance with laws and regulations, this\nservice agreement, Baidu AI Cloud products’ agreement or other Baidu AI Cloud rules; 2) Multiple Baidu AI Cloud accounts\nare registered by the same entity under the identity verification system, and two or more of Baidu AI Cloud accounts are\ninvolved in the acts of malicious arrears and/or violation of laws and regulations, this service agreement, Baidu AI Cloud\nproducts’ agreement or other Baidu AI Cloud rules; 3) Multiple Baidu AI Cloud accounts correspond to the same legal\nentity, and such legal entity has been previously identified as a maliciously registered account to obtain unjustified\ninterests; 4) Other circumstances under which Baidu AI Cloud has sufficient reasons to process multiple Baidu AI Cloud\naccounts in a unified manner.\n5. Account cancellation\nYou have the right to decide to cease using Baidu AI Cloud services and cancel your Baidu AI Cloud account. You can\nperform account cancellation according to the Baidu AI Cloud Agreement on Account Cancellation and operating guidelines.\n6. Legal claims\nYou understand and agree that Baidu AI Cloud has the right to know the real background and purpose of your use of\nproducts and services provided in this website, and to require you to provide true, complete and accurate information\ntruthfully. If Baidu AI Cloud has reasonable doubts that the information provided by you is not true, and that the transaction\ndone by you is false or your behaviors violate the service rules of Baidu AI Cloud, Baidu AI Cloud shall have the right to\nrestrict temporarily or permanently functions, in part or whole, of all products and/or services you use with your account.\nYou understand and agree that Baidu AI Cloud has the right to search, freeze or deduct your personal information and\nfunds, transaction and account you registered in this website in accordance with the requirement of state judicial,\nadministration, military, security and other organs (including but not limited to public security organ, procuratorial organ,\ncourt, customs, tax authorities and security departments, etc.).\nRights and Obligations of Users\n1. Your business permit requirements\nIf the permission or approval by the relevant authorities is required for your commercial or non-commercial activities using\nthe services provided by Baidu AI Cloud, you shall obtain the relevant permission or approval. They shall include but not\nlimited to the followings:\n1) If you run multiple websites on the Cloud Compute Service, you must ensure that all the websites are licensed or\napproved by the national authorities;\n2) If your website provides non-commercial Internet information services, you must apply for ICP license for non-commercial\nwebsites, and ensure that all the submitted information is true and effective, and timely update the information in the ICP\nlicense system in case of any changes in the ICP license information;\n3) If your website provides commercial internet information services, you shall also obtain a commercial website license\nfrom the local communication management authority;\n4) If you provide BBS and other electronic bulletin services, you are also required to apply for ICP license or obtain\ncorresponding approval according to relevant laws and policies;\n5) If you run the internet game website, you shall obtain the cyber culture business license according to law;\n6) If you operate an Internet video website, you shall apply for a license for information network dissemination of\naudiovisual programs in accordance with the law;\n7) If you are engaged in Internet information services such as news, publishing, education, health care, medicines and\nmedical devices, you must be reviewed and approved by relevant authorities in accordance with laws, administrative\nregulations and relevant national regulations. Before applying for business licenses or going through the ICP license\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n5\n\nprocedures, you shall be reviewed and approved by the relevant authority in accordance with the law.\nYou understand and agree that the above does not cover all types of permissions or approvals by the relevant authorities\nfor your commercial or non-commercial activities. You shall obtain the relevant permissions or approvals and comply with\nthe requirements of relevant national and local laws and regulations enacted from time to time.\n2. Guarantee of legality of behavior\nYou guarantee that you will comply with national and local laws and regulations, industry practices and social public ethics\nwhen using the Service, and will not use the services provided by us to store, release and disseminate the followings:\n1) Any content (information) that violates national laws, regulations and policies;\n2) Political propaganda and/or news information in violation of national regulations;\n3) Information involving national secrets and/or security;\n4) Information involving feudal superstition and/or obscene, pornographic, obscene information or information abetting\ncrime;\n5) Information about gambling lottery, gambling games, and information violating the national ethnic and religious policies;\n6) Information hindering the safe operation of the internet;\n7) Information or content that infringes the legitimate rights and interests of others and/or is detrimental to social order,\npublic security and public morality.\nMeanwhile, you also promise not to provide any convenience for others to release the above information which does not\nconform to the national regulations and/or the Agreement, including but not limited to setting URL, BANNER link, sending\nemail, SMS, etc.\nYou agree that Baidu AI Cloud has the right to terminate the provision of the services for you when you violate the above\nagreement, and does not refund any payment. You shall assume relevant legal responsibilities for any loss caused by your\nbehaviors above to Baidu AI Cloud or other users of Baidu AI Cloud.\n3. No dissemination of harmful information\nYou shall not spread bulk unsolicited email advertisements and spam mail (SPAM): i.e. you shall not distribute bulk\nunsolicited emails, electronic advertisements or emails containing reactionary, pornographic and other harmful information\nby using the services provided by Baidu AI Cloud. “Harmful information” includes but is not limited to:\n1. Information related to investigation, competition, pyramid sale, chain letters, spam or any replicable or actively\nprovided messages (for commercial or other purposes) sent by using communication services;\n2. Information containing defamation, abuse, harassment, intimidation, threat to others or other violations of the\nlegitimate rights of others (such as privacy and publicity right);\n3. Release, post, upload, distribute or spread any inappropriate, profane, defamatory, obscene, inferior information or\nother illegal subject, name, material or information;\n4. Upload or otherwise provide files containing images, photos, software or other information protected by intellectual\nproperty law (including but not limited to copyright or trademark law), privacy or publicity right, except where you own\nor control these rights or obtain all necessary permissions;\n5. Infringe any copyright, trademark, patent, business secret or other exclusive rights of any party in any way when\nusing any materials or information (including images and photos) obtained through the service;\n6. Upload software or program containing virus, Trojan horse, worm, time bomb, cleaner, damaged file or any similar\nsoftware or program that may damage other people’s computers or assets;\n7. Advertise or offer to sell or purchase any goods or services for any commercial purpose, unless such information is\nexpressly permitted by the communication service;\n8. Download any file posted by another communication service user that you exactly know or should have known that\nthey shall not be illegally replicated, displayed, executed and/or distributed in such manner;\n9. Forge or delete any copyright management information, such as authorship attribution, legal notice or other\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n6\n\ncorresponding statement, proprietary logo, source or source label of software or other information contained in the\nuploaded file;\n10. Obtain or otherwise collect information about others, including email addresses;\n11. Mislead others by making false identities;\n12. Use, download or otherwise replicate, or make available (free or chargeable) to any other person or entity any\ndirectory, usage information or partial information of the service user or other users.\n4. Requirements for legality of communication service information\nBaidu AI Cloud does not assume the obligation to monitor communication service, but reserves the right to check the\ninformation posted to the communication service and remove any information at its sole discretion. Baidu AI Cloud reserves\nthe right to terminate your access to any or all communication services for legal reasons at any time without further notice.\nPlease always proceed with caution when providing any personally identifiable information about yourself or person under\nyour custody in any communication service. Baidu AI Cloud does not control or accept any content, message or information\nthat appears in any communication service, and does not bear any responsibility for communication service and any\nbehavior caused by your joining in the communication service.\nInformation uploaded to communications services may be subject to public restrictions on use, reproduction and/or\ndistribution; you shall comply with these restrictions upon downloading.\n5. Requirements for legality of resource use\nYou shall not occupy, or cause the programs or processes, etc. to occupy in large quantities the server memory, CPU or\nnetwork bandwidth resources (such as Internet mining, etc.) in the platform (hereinafter referred to as Cloud Platform)\nformed by the Cloud computing resources of Baidu AI Cloud (such as Cloud Compute, network bandwidth, memory space,\netc.), and bring serious and unreasonable loads to the Cloud Platform or the network or servers of other users (including\nbut not limited to local and nonlocal and international networks, servers, etc.), products and applications, which affects the\nsmooth connection between Baidu AI Cloud and the international internet or other specific networks and servers, or cause\nshutdown or crash of the products and services on Cloud Platform or servers of other platform users, or inaccessibility to\nproducts/applications by other platform users basing on Cloud Platform. Once found, your host will be forced to stop, your\nBaidu AI Cloud account will also be frozen immediately, and Baidu AI Cloud reserves the right to pursue your legal liability.\n6. Requirements for safety of software use\nWithout the written permission of Baidu AI Cloud, you shall not modify, translate, adapt, lease, transfer license, spread or\ntransfer the services or software provided by Baidu AI Cloud on the information network, nor shall you try to find the source\ncode of the services or software provided by Baidu AI Cloud through reverse engineering, decompilation or in other ways.\nYou shall not do any damage or attempt to damage network security, including but not limited to phishing, hacking, internet\nfraud, website or space contained or suspected of spreading the followings: Virus, Trojan horse, malicious code, and\nsuspected attacks on other websites and servers, such as scanning, sniffing, ARP spoofing, DDoS, etc.\nYou shall not make any change or attempt to change the configuration or damage the security of systems provided by\nBaidu AI Cloud. When using the service, it shall not damage, disable, overload or obstruct any server of Baidu AI Cloud or\nany networks connected to any server of Baidu AI Cloud in any way, nor interfere with any other user’s use of and access to\nany service. You shall not attempt to use any service, other accounts, and computer systems or network connected to any\nserver of Baidu AI Cloud or any service by intrusion, password stealing or any other means. You shall not obtain or attempt\nto obtain any material or information not explicitly provided by the service by any means.\n7. Requirements for restriction of user behavior\nUnless you have purchased a service specially used for the purpose, you shall not use the Service to engage in DDoS\nprotection, DNS protection and other protection sales business.\nYou shall not use services provided by Baidu AI Cloud to engage in activities not subject to internet censorship to obtain\noverseas illegal information for the Territory.\nYou shall not install or use pirated software on service or platform of Baidu AI Cloud; you shall be responsible for your own\ninstallation of software and operation.\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n7\n\nYou shall, besides the Service, take reasonable and safe technical measures to ensure the security and integrity of all\nkinds of data and other information stored in Baidu server as a result of using the Service, and take full responsibility for\nthe consequences caused by your behaviors (including but not limited to arrearage, own installation of software, encryption\nmeasures or other security measures).\n8. Requirements for legality of user behavior\nWhen using the Service, you must comply with the Agreement and Baidu’s relevant requirements, and shall not use the\nService to engage in or provide convenience for the following behaviors (including but not limited to providing convenience\nfor the behaviors of your end users, etc.):\n1) Use the Cloud Compute of the Service as a virtual server or disk space for lease, and as a proxy server (Proxy) or\nmailbox server;\n2) Conduct illegal internet activities such as gambling lottery, gambling games, “personal server” and “tag-on service” etc.;\n3) Release, transmit and disseminate email advertisement and spam mail (SPAM);\n4) Release, transmit and disseminate unwelcome or unsolicited e-mails, electronic advertisements, SMS advertisements\nor emails or SMS containing reactionary, pornographic and other harmful information;\n5) Establish or use relevant equipment to configure and run programs or processes unrelated to the service used, resulting\nin occupation in large quantities of the server memory, CPU or network bandwidth resources in the Service, and thus\nbringing serious loads to the system of the Service or other network or servers used by the users in the Service (including\nbut not limited to local and nonlocal and international networks, servers, etc.), products/applications and services, which\naffects the smooth connection between the Service and the international internet or other specific networks and servers,\nand smooth connection within the Service, or causes shutdown or crash of the Service or the servers used by other users\nin the Service, or inaccessibility to products or services by other users of service provided by Baidu AI Cloud;\n6) Implement any behaviors destroying or trying to destroy the network security, including but not limited to malicious\nscanning, illegal intrusion into the system, illegal access to data, etc. on the website and the server by virus, Trojan horse,\nmalicious code, phishing, etc.;\n7) Make any change or attempt to change the configuration or damage the security of systems provided by the Service.\n8) Use technology or other means to destroy or disrupt the operation of the Service or the use of the Service by others;\n9) Interfere or attempt to interfere with the normal operation of any product or any part or function of Baidu in any way, or\nmake, release and disseminate the above tools and methods;\n10) Conduct any behavior that may violate honesty and credibility, public order and good customs, and public morality;\nrelease false information in any way to induce users to share false information, etc.;\n11) If you engaged in any business, including but not limited to “DNS resolution”, “security services”, “domain name proxy”,\n“reverse proxy”, etc., resulting in frequent attacks (including but not limited to DDoS attack) suffered by service platform of\nBaidu AI Cloud or other users of the platform, and you failed to correct such behavior in time, or eliminate the impact as\nrequired by Baidu, thereby causing threats to users of platform of the Service or other platforms, once found, your host will\nbe forced to stop and your account will also be frozen immediately.\n9. Agreement on reasonable data processing\nYou can specify the region where your content is stored. Without your consent, we will not transfer your content from the\nregion you choose, unless (a) it must be transferred to comply with applicable laws and regulations or binding orders of\ngovernment agencies; (b) according to your entrustment, you should ensure that your entrustment has gotten the\nnecessary government licenses and user authorizations, and have the right to entrust Baidu to transmit relevant content to\nother regions; (c) it is transferred for the purpose of providing billing, management, technical services or investigating\nsecurity incidents or violations of this agreement. We may process some data in the data center region where you use the\nservice, and we may also process this data in the region where we maintain the operation, support and investigation\nsystem and teams.\nIf you violate this user service agreement, Baidu AI Cloud has the right to refuse to continue to provide you with any\nservices.\nIf you use Baidu AI Cloud products or services to engage in any behavior that violates laws, regulations, or infringes on the\nlegal rights of others, Baidu AI Cloud has the right to perform network security management obligations in accordance with\nthe law, suspend or terminate the service, and reserves the right to pursue your relevant legal liabilities in accordance with\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n8\n\nthe law.\nRights and Obligations of Baidu AI Cloud\n1. Commitment on qualification of service provider\nBeijing Baidu Netcom Science and Technology Co., Ltd. hereby makes the commitment that it is a limited liability company\nduly established and validly existing under the laws of China, and will provide products and services for you in accordance\nwith the Agreement, and earnestly perform the obligations and responsibilities hereunder.\n2. Commitment on protection of business secret\nBaidu AI Cloud will strictly protect your business secrets and privacy according to the Agreement, and will not disclose your\nconfidential information to any third party without legal causes or your permission.\n3. Technical architecture support\nBaidu AI Cloud is responsible for the underlying technical architecture support under the operating system, as well as the\noperation and maintenance of the software provided by Baidu AI Cloud. You are responsible for the third-party applications\ninstalled yourself on the system.\n4. Provision of services as-is\nBaidu AI Cloud continuously improves service quality and level. You understand that, Baidu AI Cloud cannot guarantee that\nthe products and services provided are without defects. You agree that even if services provided by Baidu AI Cloud are\ndefective, the defects are unavoidable considering the industrial technological level then, and they will not be regarded as\ndefault of Baidu AI Cloud. You agree to work with Baidu AI Cloud to solve the problem of service defects due to the\nindustrial technological level.\n5. Associated account management\nCertain products and services provided by Baidu AI Cloud have the function of account authorization management. You can\nauthorize, in whole or part, your operating authorizations to one or more authorized accounts you designated. Under such\ncircumstances, all operations performed under any authorized account shall be regarded as your behavior through your\naccount, and any liability and service cost incurred therefrom shall be borne by you accordingly.\n6. Product compatibility disclaimer\nYou understand and accept that Baidu AI Cloud provides you with security protection basing on certain services, as well as\nrelated functions and services regarding management and monitoring of Cloud resources. Although Baidu AI Cloud has\ncompleted detailed tests on these services, it cannot guarantee that they are completely compatible with all hardware and\nsoftware systems, nor can it guarantee the complete accuracy of its software and services. In case of incompatibility and\nsoftware errors, you shall immediately close or stop using related functions, and contact Baidu AI Cloud in time for\ntechnical support.\n7. Free resource activities\nYou shall understand and agree that, when Baidu AI Cloud conducts testing and R&D of services and promotion of new\nproducts, it will provide the best support for service availability and reliability during your free trial (using) of the services or\nwithin the limit of your free use of the services. However, Baidu AI Cloud will not make any commitment on any service\navailability and reliability, nor will it undertake any liability for the consequences caused by your use of or being deprived\nfrom using the services provided by Baidu AI Cloud. Baidu AI Cloud reserves the possibility of charging for such free\nservices in the future, prior to which you will be notified.\n8. Requirements for authenticity of ICP Service information\nAccording to Article 23 of Administrative Measures for ICP License of Non-commercial Internet-based Information Services,\nif the ICP license information is not true, the website will be closed and the ICP license will be cancelled. Please make\ncommitment and confirm that: All the ICP license information submitted by you is authentic and effective. In case of any\nchanges in your ICP license information, please submit the updated information in the ICP license system in time. If the ICP\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n9\n\nlicense information is not accurate as it was not updated in time, Baidu AI Cloud has the right to close the accessed\nwebsite according to law.\nYou understand and agree to authorize Baidu AI Cloud to, for the purpose of providing you with ICP Service, collect the textual\nand graphic information and live information related to the ICP Service, and conduct or entrust the trusted third-party\ninstitution to conduct the authentic verification. In the case of confirming the authenticity of your ICP license information, you\nwill be provided with ICP license, ICP license change & cancellation and other services.\nThe information collected by Baidu AI Cloud for the purpose of providing you with ICP Service will be used only for such\npurpose. If you have any objection to the collection of relevant information, you have the right to refuse to provide it. You can\nalso consult in detail through the submission of work orders or telephone calls. You understand and accept that Baidu AI\nCloud will not collect and process your ICP license information beyond the scope. In case of disclosure of your information by\nthird party or other data security incidents, any legal liabilities shall be borne by such third party.\n9. No abuse of system resources\nBaidu AI Cloud reserves the right to force shutdown and freeze accounts in case of your abuse of system resources.\n10. Restriction of arrearage behavior\nBaidu AI Cloud reserves the right to suspend the provision of resources and services when your arrearage for resources\nexceeds a certain number of days (see specific product documentation for detailed rules). You shall be responsible for any\npossible consequences caused by the interruption of services, including the data damage and loss.\nUser Business Data and Public Information\nUser Business Data\n1. Baidu AI Cloud understands and recognizes that the data processed, stored, uploaded, downloaded, distributed and\notherwise processed by you through the services provided by Baidu AI Cloud are all your user business data, and you have\nfull ownership of your user business data.\n2. You are responsible for the source and content of your user business data. Baidu AI Cloud reminds you to carefully judge\nthe legality of the data source and content. You shall be solely liable for all consequences and liabilities caused by the\ncontent of your user's business data violating laws, regulations, departmental rules or national policies.\n3. With regard to user business data, Baidu AI Cloud does not perform any unauthorized use or disclosure except for the\nimplementation of your service requirements; except in the following circumstances:\n1. Baidu AI Cloud has the obligation to provide cooperation in accordance with the requirements of relevant laws,\nregulations or policy documents when inquiring or reading user business data by relevant state agencies according\nto law, and to disclose to third parties or administrative, judicial and other institutions;\n2. You and Baidu AI Cloud will negotiate separately.\n4. You can delete or change your user business data yourself. If you release the service or delete the data yourself, Baidu AI\nCloud will delete your online data and no longer retain such data in accordance with your instructions. You should be\ncautious about deleting and changing data.\n5. When the service expires, the service is terminated early (including but not limited to early termination by mutual\nagreement, early termination due to other reasons, etc.) or you are in arrears, unless expressly agreed by laws and\nregulations, required by the competent authority or otherwise agreed by both parties, Baidu AI Cloud can only continue to\nstore your user business data (if any) within a certain buffer period (subject to the time limit specified in the exclusive\nterms, product documentation, service description, etc. applicable to the service you ordered); when the buffer period\nexpires, Baidu AI Cloud will delete all user business data, including all cached or backup copies, and no longer retain any of\nyour user business data\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n10\n\n6. Once the user business data is deleted, it cannot be recovered; you shall bear the consequences and responsibilities\ncaused by the deletion of the data. You understand and acknowledge that Baidu AI Cloud has no obligation to continue to\nretain, export or return user business data.\n7. According to your agreement with Baidu AI Cloud, Baidu AI Cloud stores user business data in your selected data center.\nBaidu AI Cloud abides by its security commitments to users and protects users' data stored in the Baidu AI Cloud data\ncenter in accordance with applicable laws.\nUser Account Information\n1. Your user account information, including the information filled in or submitted when you log in to your Baidu AI Cloud\naccount or order or use Baidu AI Cloud services:\n(1) Information including company name, business license information, name, gender, date of birth, ID number, passport\ninformation, phone number, email address, address (including zip code), and payment account number\n(2) Baidu AI Cloud's records of the service process, including your bills, historical purchase information, consultation\nrecords, fault reporting records, and troubleshooting process, etc.\n2. The collection of your user account information aims at providing you with services and improving service quality, so, in\norder to achieve this purpose, Baidu AI Cloud will only use your information for the following purposes, unless you and\nBaidu AI Cloud have agreed otherwise or it is inquired or read by relevant state agencies according to law:\n(1) Provide you with various services you use, and maintain and improve these services;\n(2) Subject to the requirements of relevant laws and regulations, recommend to you content that may interest you,\nincluding but not limited to sending you product and service information.\nUser Support Data\nYou understand and acknowledge that in order to respond to your requests for help in a timely manner, ensure the overall\nsecurity of the cloud platform, and improve Baidu AI Cloud's services, Baidu AI Cloud will detect, browse, and record your\nservice usage behavior, unsafe features of your data and other user support data. User support data does not include user\nbusiness data and user account information.\nService Provisioning, Payment and Termination\n1. You can activate and use the service through your Baidu AI Cloud account.\n2. You can activate the service through advanced top-up or post-payment. After activation, you can use the service by getting\nthe key and password for logging in and using the service sent to you by Baidu AI Cloud. The service period starts from the\ntime of activation.\n3. Before the expiration of the service period, if you unsubscribe from the corresponding service without any reason, Baidu AI\nCloud has the right to take measures such as restoring the original price, charging liquidated damages, or charging\ncancellation/refund handling fees, whichever is specified on the display page on the corresponding official website or in the\ncorresponding order;\n4. The method of charging during the service period, the method of using resources, the processing of unused resources after\nthe service expires, etc., are subject to the corresponding product or service order agreement.\n5. You understand and acknowledge that Baidu AI Cloud does not guarantee the permanent provision of certain services, or\nmay change the forms, specifications or other aspects of the services provided, due to technical upgrades, service system\nupgrades, or business strategy adjustments or changes in coordination with major national technology, regulations and\npolicies. Before terminating the service or making such changes, Baidu AI Cloud will make its best efforts to give advance\nnotice in advance by one or more methods such as website announcements, message, emails or short messages. To\nterminate the provision of this type of service, Baidu AI Cloud shall notify no less than 30 days in advance, and handle\nfollow-up matters properly (including but not limited to refund service fees that you have paid but not consumed to your\nBaidu AI Cloud account).\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n11\n\n6. In the event of one of the following circumstances, the service period shall be terminated early:\n1）Both parties agree to terminate early;\n2）If you have seriously violated this agreement (including but not limited to, you have seriously violated relevant laws and\nregulations, or you have seriously violated any of the promises under this agreement, etc.), Baidu AI Cloud has the right to\nterminate the service in advance until all of your data are cleared;\n3）You understand and fully acknowledge that although Baidu AI Cloud has established (and will continue to improve\naccording to technological development) the necessary technical measures to prevent events or behaviors (hereinafter\nreferred to as these behaviors), such as computer viruses, network intrusions and attack damage (including but not limited\nto DDoS) from endangering network security. But in view of the limitations and relativity of network security technology and\nthe unpredictability of these behaviors, if your website encounters such behaviors, which do damage to Baidu AI Cloud or\nother Baidu networks or servers (including but not limited to local, foreign and international networks, servers, etc.), or\naffect the smooth communication between Baidu AI Cloud and the Internet or other specific networks, servers, and Baidu\nAI Cloud inside communication, Baidu AI Cloud may decide to suspend or terminate the service or take other necessary\nprotective measures.\nDisclaimer\n1. Baidu AI Cloud will not guarantee (including but not limited to):\n1）Baidu AI Cloud will meet the use requirements of all users;\n2）Baidu AI Cloud will not be interfered in and will always be timely, safe, reliable or free from errors; and any products,\nservices or other materials acquired by users via Baidu AI Cloud will meet users’ expectations.\n3）You will solely assume any risks arising from your use of any materials you have downloaded or acquired via Baidu AI\nCloud; you will take full responsibility for your computer system failure or data losses due to your use of this product;\n2. Baidu AI Cloud will reserve the right to suspend or terminate the provision for your services in case you violate laws and\nregulations issued by the state or the local government or you violate this service agreement, and will reserve the right to\npursue legal liability against you.\n3. You agree and authorize Baidu AI Cloud to terminate directly the provision for your services, pursue legal liability against\nyou by law and disclose through the website connected to Baidu if you cheat, publish or sell fake and shoddy products,\ninfringe upon the lawful rights and interests of others or you seriously violate any service rules of Baidu AI Cloud when you\nuse Baidu AI Cloud service. Under these circumstances, your account of Baidu AI Cloud may be directly shut down, and you\nmay neither use any products provided by Baidu via PC or Apps more due to your above-mentioned behavior, nor log in any\nwebsite of Baidu again. At the same time, Baidu will terminate its provision for all services to you.\n4. The reminder related to the trading operation appeared in content of this agreement or on pages of relevant products, or\nthe information (short messages or calls) and content sent by Baidu AI Cloud to your mobile phone are relevant guidance\nfor you to use this service when you use services provided by Baidu AI Cloud. Your use of this service represents you have\nagreed to accept the relevant guidance and rules provided by Baidu AI Cloud service. You understand and agree that Baidu\nAI Cloud has the right to improve and adjust relevant rules of Baidu AI Cloud services unilaterally without asking for your\nconsent. The service guidance and rules shall be subject to the reminder on pages (or short messages or calls sent to the\nmobile phone) when you use the services. Your use of Baidu AI Cloud service shall be conditioned by your agreement and\ncompliance with the service guidance and rules.\n5. Baidu AI Cloud may inform you of the progress of services and remind you of the next operation by e-mail (or short\nmessages or calls sent to your mobile phone). However, Baidu AI Cloud will not guarantee that you can receive or timely\nreceive this e-mail (or short messages or calls sent to this mobile phone) and will not promise to assume any results\ntherefor. Therefore, you should log in the website of relevant products and services in a timely manner to view and carry out\nthe trading operations during the service. Baidu AI Cloud will not assume any responsibility for any disputes or losses\narising from your failure to view or / and modify or confirm the service status or your failure to submit relevant applications.\n6. You shall solely be responsible for all consequences resulted from the incorrect contact information you have previously\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n12\n\nprovided to Baidu AI Cloud and poor safety and stability of your e-mail through which you receive e-mails sent by Baidu AI\nCloud, including but not limited to consequences and losses arising from your failure to receive relevant notices sent by\nBaidu AI Cloud timely.\n7. System interruption or failure When you can’t use any online service due to the following conditions which may affect the\nnormal operation of the system, Baidu AI Cloud will not be liable for damages. Such conditions include but not limited to:\n1. The system downtime and maintenance period of Baidu AI Cloud;\n2. When the data can’t be transmitted due to the failure of telecommunication equipment;\n3. When the business can’t be done due to the system failure of Baidu AI Cloud, which is resulted from the force\nmajeure such as typhoon, earthquake, tsunami, flood, power failure, war and terrorist attack;\n4. The service interruption or latency resulted from the hacker attack, technical adjustment done by\ntelecommunications sector or technical failure, website upgrade and problems related to banks;\n8. If the service you use is provided by a third party, the quality of service provided by such third party shall be assumed by\nthe third party itself.\n9. Some links marked “Here” may guide you to leave the origin server. The server contained in links is not under the control of\nBaidu AI Cloud. Baidu AI Cloud will not be responsible for any content provided by any link server, any links contained in the\nlink server or any change or renewal of such server. Baidu AI Cloud will not be responsible for any content from any link\nserver. Baidu AI Cloud provides these links only for the purpose of providing convenience, but it doesn’t imply that Baidu AI\nCloud approves corresponding third party server.\n10. Where it is permitted by law, Baidu AI Cloud will not be liable for any indirect, punitive, special and derivative losses\n(including business losses, loss in revenue, loss of profit, loss of use of data or other economic benefits) related to or\narising from this agreement, no matter how such loss is caused or no matter whether such loss is resulted from the\nbreach hereof (including the violation of guarantee) or the infringement, even though Baidu AI Cloud is informed of the\npossibility of such losses in advance. In addition, Baidu AI Cloud will be exempted from the responsibility for the above-\nmentioned losses even though the exclusive remedies as prescribed herein fail to realize the fundamental goal.\n11. In consideration of particularity of network services, you agree that Baidu AI Cloud may change, suspend or terminate\nservices in part or whole at any time with legitimate reasons and will not be responsible for you therefor. However, Baidu AI\nCloud will inform you of the said situation in advance as early as possible so that you can transfer and have a backup of\nrelevant data as well as adjust businesses for the purpose of protecting your legal rights and interests.\n12. Baidu AI Cloud may repair, maintain, upgrade and relocate the machine room, server, broadband and database you use\ntime to time in order to ensure the safety and stability of services. If the relevant services are interrupted or suspended\nwithin a reasonable time due to the above-mentioned situation, Baidu AI Cloud will not be responsible for you therefor. In\ncase of important change (such as the relocation of machine room), Baidu AI Cloud shall inform you at least 30 days in\nadvance, and you shall cooperate with Baidu AI Cloud. You understand and agree Baidu AI Cloud may terminate your\nservices and refund your payment which you have already made but you have not consumed yet to your account.\n13. You understand and agree: The service provided by Baidu AI Cloud is based on the current situation which the existing\ntechnology and condition can reach. Baidu AI Cloud will try its best to provide services for you to make the service coherent\nand safe. However, Baidu AI Cloud can neither guarantee services provided by itself are flawless, nor foresee or prevent\nlegal, technical and other risks at any time, including but not limited to service interruption, loss of data, data leakage or\ndata theft and other losses as well as risks arising from the force majeure, virus, trojans, hacker attack, unstable system,\nservice flaw of a third party and acts of government. Therefore, you agree: Baidu AI Cloud will not be deemed as the breach\nhereof even though the service provided by Baidu AI Cloud has flaws because the said flaws can’t be avoided by the\ntechnological level of the industry at that time. Meanwhile, Baidu AI Cloud shall be exempted from any liability for losses of\ndata or information therefrom.\n14. You understand and agree: During the use of this service, this service may be interrupted by risks such as the force\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n13\n\nmajeure. In case of the said circumstance, Baidu AI Cloud will try to cooperate with relevant departments in the first place\nand restore it timely, provided that Baidu AI Cloud will be exempted from any losses therefrom.\n15. You understand and agree: Baidu AI Cloud will not be liable for any losses due to your installation of pirated software,\nsystem and data resource during your use and installation of CVM Server. Baidu shall reserve its right of recourse in case\nlosses of Baidu are caused by your own behavior.\nIntellectual Property Rights\n1. The intellectual property rights of all products, technologies and all programs of Baidu AI Cloud are owned by Baidu. The\nnames and related graphics and logos of Baidu AI Cloud, other products and services of Baidu AI Cloud are registered\ntrademarks of Baidu. Without the permission of Baidu AI Cloud and Baidu, no one is allowed to use such trademarks\n(including but not limited to: copying, disseminating, displaying, mirroring, uploading, downloading in illegal ways).\nOtherwise, it will be held liable by law.\n2. The intellectual property rights of any material, technology or technical support, software, service, etc. provided to the other\nparty under the Agreement shall be owned by the provider or its legal right holder; unless expressly agreed by the provider\nor legal right holder, the other party has no right to copy, disseminate, transfer, license or provide for the use of others the\nabove-mentioned knowledge, otherwise it shall be held liable.\n3. You shall guarantee that the information provided to Baidu AI Cloud, all the data uploaded to Baidu AI Cloud service, the\nuse of Baidu AI Cloud service, and the materials involved in using Baidu AI Cloud service or the corresponding results\nproduced will not infringe the legitimate rights and interests of any third party; if any third party files any complaints, claims,\nlawsuits or other types of demands against you for the information and data you provide, upload or use, or your actions\nand work results, You understand and acknowledge that you shall solve it immediately and compensate Baidu AI Cloud for\nall the economic losses arising therefrom, including but not limited to all cost, compensation expenses, etc.\n4. If a third-party organization or individual raises questions or complaints about the ownership of the intellectual property\nrights of Baidu AI Cloud services, you shall inform Baidu AI Cloud in time, and Baidu AI Cloud will handle the same.\n5. Materials provided by you to Baidu AI Cloud or materials published on any Baidu website For information you provide to\nBaidu AI Cloud (including feedback and suggestions), or the information you post, upload, enter or submit to any service or\nits associated service for view of the general public or any public or private community members (hereinafter referred to as\nyour submission), by posting, uploading, entering, providing or submitting (hereinafter referred to as \"posting\") your\nsubmission, you grant Baidu AI Cloud and its affiliates and necessary sub-licensee the right to use the submission related\nto the operation of its Internet business (including but not limited to all Baidu services), including but not limited to the\nfollowing rights to: copy, distribute, transmit, publicly display, publicly execute, reproduce, edit, translate and reprint your\nsubmissions; and to sublicense such rights to any provider of the service.\n6. It is hereby agreed that no compensation will be paid for use of your submissions. Baidu AI Cloud is not obliged to post or\nuse any information you may provide, and Baidu AI Cloud may remove any submissions at any time at its sole discretion.\n7. By posting your submissions, you guarantee and state that you own or otherwise control all the rights described in the\nTerms of Use, including but not limited to all rights necessary for your provision, posting, uploading, entering or\nsubmission.\n8. In addition to the above guarantees and statement, by posting submissions containing images, photos, pictures or other\ngraphics in whole or in part (hereinafter referred to as \"images\"), you guarantee and state that: (a) You are the copyright\nowner of such images, or the copyright owner of such images has allowed you to use such images or any content and/or\nimages contained in such images, and you shall use such images in a same way and for a same purpose as authorized\nand specified in the Terms of Use and the service, (b) you have the rights required to grant licenses and sub-licenses (as\ndescribed in the Terms of Use), and (c) each person in such images (if any) have agreed to the use of images specified in\nthe Terms of Use, including but not limited to distribution, public display and copying of such images. By posting such\nimages, you grant (a) all members of the private community (because each such image is accessible to members of such\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n14\n\nprivate community), and/or (b) the general public (because each such image can be placed anywhere on the service except\nfor private communities (including but not limited to the production of printed matter and gifts containing such images) the\nrights to use your images when using any service in accordance with the Terms of Use, including but not limited to a non-\nexclusive, global, royalty-free license to: copy, distribute, transmit, publicly display, publicly execute, copy, edit, translate\nand reprint your images without attaching your name to such images; and the right to sublicense such rights to any provider\nof the service. When you completely remove such images from the service, the image license granted in the previous\nsentence terminates, provided that such termination shall not affect any licenses unrelated to such images granted before\nyour complete removal. No compensation will be paid for use of your image.\n9. If (1) all copies contain the following copyright notice, and contain both the copyright notice and the permission notice; (2)\nsuch service documents are only for information and non-commercial or personal use, and will not be copied or published\non any network computer, or disseminated through any medium; and (3) no modification is made to any document, the\nlicense to use the service documents (such as white papers, press releases, data sheets and FAQs) is granted.\nRecognized educational institutions, such as schools, research institutes, etc., may download and copy documents, and\ndistribute them in the classroom for teaching purposes. Distribution of documents outside of the classroom requires\nexplicit written permission. The use of documents for any other purpose is expressly prohibited by law and may result in\nsevere civil and criminal penalties.\n10. The above documents do not contain the design or layout of the Baidu AI Cloud website or any other sites owned,\noperated, licensed or controlled by Baidu. The elements of the Baidu website are protected by the Trade Dress Law,\nTrademark Law, Anti-Unfair Competition Law and other laws, and shall not be copied or imitated in whole or in part. Without\nthe express permission of Baidu, it is not allowed to copy or transmit any logo, graphics, sound or image related to Baidu\nor product on Baidu website.\n11. Baidu and/or its suppliers make(s) no statement regarding the applicability of the information and related graphics\ncontained in the document published as part of the service for any purpose. All such documents and related graphics shall\nbe provided \"As Is\" without warranty of any kind. Baidu shall not be liable for any special, indirect, consequential damage\nor any other damage caused by use interruption, data or profit loss arising from or in connection with the use or execution\nof the information provided by the service, whether in contract, negligence, tort, or otherwise.\nConfidentiality\n1. You and Baidu AI Cloud make a solemn commitment that one party will not disclose the confidential information of the\nother party acquired during the cooperation to any third party in any form, and that the personnel who have an access to\nsuch confidential information shall strictly observe the confidentiality obligation as set forth in this article.\n2. Both parties hereto agree to try their best to protect the confidential information from being disclosed. In case the\ndisclosure of confidential information is detected, both parties shall cooperate with each other to avoid or reduce the\nconsequences of damage by taking all reasonable measures.\n3. The said confidentiality obligation shall not be terminated due to the change, cancellation or termination of this agreement.\n4. The confidential information mentioned in this agreement refer to:\na) Paper or electronic materials such as any agreement, faxes or e-mails exchanged between parties hereto related to this\nproject, including the content and terms hereof (discount or promotional information provided by Baidu AI Cloud to you in\nparticular);；\nb) Price, financial and marketing planning, customers’ materials, unreleased products, business plan, marketing\ninformation, investment information, financial position, drawing, design idea, technical know-how, computer programs,\nsource code, research approach and other materials;\nc) The information and document designated by the disclosing party as the business secret with the text or mark on or\nbefore the disclosure;\nd) Other information which conforms to the constitutive requirements of legal trade secrets.\nBaidu 百度智能云文档\nBaidu AI Cloud User Service Agreement\n15\n\n5. This article shall not apply to the following content:\na) Information which has already known by the public;\nb) Non-confidential information which is acquired by the information receiving party through legitimate means and is widely\nknown by the industry.\nc) The information which has already been known by the information disclosing party, and the information disclosing party\nis not obligated to keep it secret;\nd) The information disclosed by a third party and regarded as the one which need not be kept secret by the information\nreceiving party through the most prudent judgment;\ne) The information developed by the information receiving party independently;\nf) The confidential information disclosed by the information receiving party with a written consent from the information\ndisclosing party;\ng) When this agreement is submitted to a third party only for the purpose of submission of tender as described previously\nin response to the bidding requirement of the third party;\nh) Baidu AI Cloud shares your data to a third party within a reasonable and necessary scope for the purpose of providing\nthe service you demand;\ni) The content which must be exposed to any authorities or institutions in accordance with the requirement of laws.\nOthers\n1. This agreement will enter into force immediately after it is announced. Baidu AI Cloud has the right to modify the content of\nthis agreement at any time. The modified results are published on Baidu AI Cloud website through push notifications, web\nannouncement, and so on, without serving a separate notification to you. If you do not agree to the changes made by Baidu\nAI Cloud to this agreement, you have the right to cease using the network service. Your continued use of the network\nservice will be deemed that you accept the changes made by Baidu AI Cloud to the relevant provisions of this agreement.\n2. Baidu AI Cloud has the right of reasonable processing and final interpretation regarding various special offers under this\nagreement, including but not limited to invitation codes, vouchers, and virtual currencies.\n3. All notifications of Baidu AI Cloud to users under the SLA can be made through work order, webpage announcements,\nmessages, emails, SMS or other forms. Such notifications are deemed to have been delivered to the recipients on the date\nof delivery.\n4. The conclusion, execution, interpretation of this agreement as well as dispute resolution shall be governed by Chinese laws\n(for the purposes of this agreement, the laws of Hong Kong Special Administrative Region, Macau Special Administrative\nRegion and Taiwan region are not included, and conflicts of laws are not used). If there is any dispute between the two\nparties regarding the content of the SLA or its implementation, the two parties shall try to resolve the issue through friendly\nnegotiation. If the negotiation fails, either party may bring a lawsuit to the People's Court of Haidian District of Beijing.\n5. The SLA constitutes an entire agreement between the two parties on the matters agreed in the SLA and other related\nmatters. Except as provided in the SLA, no other rights are granted to the parties to the SLA.\n6. If any agreement in the SLA is completely or partially invalid or not enforceable for whatever reason, the rest of the SLA is\nstill valid and binding.\nPrivacy Policy\nIntroduction\nRegarding the versions of agreement provided by Baidu AI Cloud China Station, the Chinese version shall prevail, and the\nEnglish version is for reference only.\nBaidu 百度智能云文档\nPrivacy Policy\n16\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":"There is no max amount of the damages possible to be claimed"},{"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":"Lack of mandatory arbitration"},{"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":-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 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 reserves a right to delete all content put in the service by the user without restrictions"},{"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":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"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":"Clause ensuring the right to retrieve all of the digital content belonging to 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"}]}

{"service":{"name":"Dropbox","url":"https://www.dropbox.com/en/terms","lang":"ENG","sector":"Cloud storage","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"14.01.2022"},"document":{"title":"","text":"Dropbox Terms of Service\nPosted: October 29, 2021\nEffective: January 14, 2022\nYou can see your previous Terms here.\nThanks for using Dropbox! Our mission is to create a more enlightened way of working by\nproviding an intuitive, unified platform to keep your content safe and accessible while\nhelping you and those you work with stay coordinated and in sync. These terms of service\n(“Terms”) cover your use and access to our services, client software and websites\n(\"Services\"). If you reside outside of the United States of America, Canada and Mexico\n(“North America”) your agreement is with Dropbox International Unlimited Company. If you\nreside in North America your agreement is with Dropbox, Inc. Our Privacy Policy explains\nhow we collect and use your information while our Acceptable Use Policy outlines your\nresponsibilities when using our Services. By using our Services, you’re agreeing to be bound\nby these Terms, our Privacy Policy, and Acceptable Use Policy.\nYour Stuff & Your Permissions\nWhen you use our Services, you provide us with things like your files, content, messages,\ncontacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to\nYour Stuff except for the limited rights that enable us to offer the Services.\nWe need your permission to do things like hosting Your Stuff, backing it up, and sharing it\nwhen you ask us to. Our Services also provide you with features like commenting, sharing,\nsearching, image thumbnails, document previews, optical character recognition (OCR), easy\nsorting and organization, and personalization to help reduce busywork. To provide these and\nother features, Dropbox accesses, stores, and scans Your Stuff. You give us permission to do\nthose things, and this permission extends to our affiliates and trusted third parties we work\nwith.\nYour Responsibilities\nYour use of our Services must comply with our Acceptable Use Policy. Content in the\nServices may be protected by others’ intellectual property rights. Please don’t copy, upload,\ndownload, or share content unless you have the right to do so.\nDropbox may review your conduct and content for compliance with these Terms and our\nAcceptable Use Policy. We aren’t responsible for the content people post and share via the\nServices.\nLegal\nSign in\n\nHelp us keep Your Stuff protected. Safeguard your password to the Services, and keep your\naccount information current. Don’t share your account credentials or give others access to\nyour account.\nYou may use our Services only as permitted by applicable law, including export control laws\nand regulations. Finally, to use our Services, you must be at least 13 if you reside in the\nUnited States, and 16 if you reside anywhere else. If the law where you reside requires that\nyou must be older in order for Dropbox to lawfully provide the Services to you without\nparental consent (including use of your personal data), then you must be that older age.\nSoftware\nSome of our Services allow you to download client software (“Software”) which may update\nautomatically. So long as you comply with these Terms, we give you a limited, nonexclusive,\nnontransferable, revocable license to use the Software, solely to access the Services. To the\nextent any component of the Software may be offered under an open source license, we’ll\nmake that license available to you and the provisions of that license may expressly override\nsome of these Terms. Unless the following restrictions are prohibited by law, you agree not to\nreverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.\nBeta Services\nWe sometimes release products and features that we’re still testing and evaluating (“Beta\nServices”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation”\n(or with words or phrases with similar meanings) and may not be as reliable as Dropbox’s\nother services. Beta Services are made available so that we can collect user feedback, and by\nusing our Beta Services, you agree that we may contact you to collect such feedback.\nBeta Services are confidential until official launch. If you use any Beta Services, you agree\nnot to disclose any information about those Services to anyone else without our permission.\nAdditional Features\nFrom time to time, Dropbox will add additional features to enhance the user experience of\nour storage service at no additional charge. However, these free features may be withdrawn\nwithout further notice.\nOur Stuff\nThe Services are protected by copyright, trademark, and other US and foreign laws. These\nTerms don’t grant you any right, title, or interest in the Services, others’ content in the\nServices, Dropbox trademarks, logos and other brand features. We welcome feedback, but\nnote that we may use comments or suggestions without any obligation to you.\nCopyright\nWe respect the intellectual property of others and ask that you do too. We respond to notices\nof alleged copyright infringement if they comply with the law, and such notices should be\nreported using our Copyright Policy. We reserve the right to delete or disable content alleged\n\nto be infringing and terminate accounts of repeat infringers. Our designated agent for notice\nof alleged copyright infringement on the Services is:\nCopyright Agent\nDropbox, Inc.\n1800 Owens St\nSan Francisco, CA 94158\[email protected]\nPaid Accounts\nBilling. You can increase your storage space and add paid features to your account (turning\nyour account into a “Paid Account”). We’ll automatically bill you from the date you convert to\na Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan,\nwe’ll send you a notice email reminding you that your plan is about to renew within a\nreasonable period of time prior to the renewal date. You’re responsible for all applicable\ntaxes, and we’ll charge tax when required to do so. Some countries have mandatory local\nlaws regarding your cancellation rights, and this paragraph doesn’t override these laws.\nCancellation. You may cancel your Dropbox Paid Account at any time. Refunds are only\nissued if required by law. For example, users living in the European Union have the right to\ncancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or\nrenewing a Paid Account by clicking here.\nDowngrades. Your Paid Account will remain in effect until it's cancelled or terminated under\nthese Terms. If you’re on a Dropbox Family plan, the Family manager may be able to\ndowngrade your account at any time. If you don’t pay for your Paid Account on time, we\nreserve the right to suspend it or remove Paid Account features.\nChanges. We may change the fees in effect on renewal of your subscription, to reflect factors\nsuch as changes to our product offerings, changes to our business, or changes in economic\nconditions. We’ll give you no less than 30 days’ advance notice of these changes via a\nmessage to the email address associated with your account and you’ll have the opportunity\nto cancel your subscription before the new fee comes into effect.\nDropbox Business Teams\nEmail address. If you sign up for a Dropbox account with an email address provisioned by\nyour organization, your organization may be able to block your use of Dropbox until you\ntransition to an account on a Dropbox Business or Education team (collectively, “Dropbox\nBusiness Team”) or you associate your Dropbox account with a personal email address.\nUsing Dropbox Business Teams. If you join a Dropbox Business Team, you must use it in\ncompliance with your organization’s terms and policies. Please note that Dropbox Business\nTeam accounts are subject to your organization's control. Your administrators may be able to\naccess, disclose, restrict, or remove information in or from your Dropbox Business Team\naccount. They may also be able to restrict or terminate your access to a Dropbox Business\nTeam account. If you convert an existing Dropbox account into part of a Dropbox Business\nTeam, your administrators may prevent you from later disassociating your account from the\nDropbox Business Team.\n\nTermination\nYou’re free to stop using our Services at any time. We reserve the right to suspend or\nterminate your access to the Services with notice to you if:\n1. you’re in breach of these Terms,\n2. your use of the Services would cause a real risk of harm or loss to us or other users, or\n3. you don’t have a Paid Account and haven't accessed our Services for 12 consecutive\nmonths.\nWe’ll provide you with reasonable advance notice via the email address associated with your\naccount to remedy the activity that prompted us to contact you and give you the opportunity\nto export Your Stuff from our Services. If after such notice you fail to take the steps we ask of\nyou, we’ll terminate or suspend your access to the Services.\nWe won’t provide notice or an opportunity to export Your Stuff before termination or\nsuspension of access to the Services where:\n1. you’re in material breach of these Terms,\n2. doing so would cause us legal liability or compromise our ability to provide the\nServices to our other users, or\n3. we're prohibited from doing so by law.\nDiscontinuation of Services\nWe may decide to discontinue the Services in response to exceptional unforeseen\ncircumstances, events beyond Dropbox’s control (for example a natural disaster, fire, or\nexplosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior\nnotice so that you can export Your Stuff from our systems (we will give you no less than 30\ndays’ notice where possible under the circumstances). If we discontinue the Services in this\nway before the end of any fixed or minimum term you have paid us for, we’ll refund the\nportion of the fees you have pre-paid but haven't received Services for.\nServices “AS IS”\nWe strive to provide great Services, but there are certain things that we can't guarantee. TO\nTHE FULLEST EXTENT PERMITTED BY LAW, DROPBOX AND ITS AFFILIATES,\nSUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR\nIMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED \"AS IS.\" WE ALSO\nDISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR\nPURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this\nparagraph, so they may not apply to you. For example, these disclaimers do not override the\nlegal protections, including statutory warranties, granted to consumers by EU law.\nLimitation of Liability\n\nWE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL\nTO DO SO—THIS INCLUDES ANY LIABILITY FOR DROPBOX’S OR ITS AFFILIATES’\nFRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN\nCOUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED,\nWE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A\nREASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE\nAND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH\nDOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY\nCONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS\nDO NOT EXCLUDE DROPBOX’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A\nRESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE\nSERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE\nLOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.\nIN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED,\nDROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:\n1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR\nCONSEQUENTIAL DAMAGES, OR\n2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL\nTHEORY.\nTHESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR\nNOT DROPBOX OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY\nOF SUCH DAMAGES.\nIF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE\nPURPOSE, DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO\nLIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS\nINTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. DROPBOX AND ITS\nAFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR\nOFFLINE, OF ANY USER OF THE SERVICES.\nOTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS\nDESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF\n$20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE\nPLAN WITH DROPBOX. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS\nWHERE PROHIBITED BY APPLICABLE LAW.\nResolving Disputes\nLet’s Try to Sort Things Out First. We want to address your concerns without needing a\nformal legal case. Before filing a claim against Dropbox, you agree to try to resolve the\ndispute informally by sending us a written Notice of Dispute at [email protected]\nthat includes your name, a detailed description of the dispute, and the relief you seek. We’ll\ntry to resolve the dispute informally by contacting you via email. If a dispute is not resolved\nwithin 60 days after submission, you or Dropbox may bring a formal proceeding. If you reside\n\nin the EU, the European Commission provides for an online dispute resolution platform,\nwhich you can access here: https://ec.europa.eu/consumers/odr.\nJudicial Forum for Disputes. You and Dropbox agree that any judicial proceeding to resolve\nclaims relating to these Terms or the Services will be brought in the federal or state courts of\nSan Francisco County, California, subject to the mandatory arbitration provisions below. Both\nyou and Dropbox consent to venue and personal jurisdiction in such courts. If you reside in a\ncountry (for example, a member state of the European Union) with laws that give consumers\nthe right to bring disputes in their local courts, this paragraph doesn’t affect those\nrequirements.\nIF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY\nARBITRATION PROVISIONS:\nWe Both Agree to Arbitrate. You and Dropbox agree to resolve any claims relating to\nthese Terms or the Services through final and binding individual arbitration by a\nsingle arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate”\nbelow. This includes disputes arising out of or relating to the interpretation or\napplication of this “Mandatory Arbitration Provisions” section, including its scope,\nenforceability, revocability, or validity. The arbitrator may award relief only individually\nand only to the extent necessary to redress your individual claim(s); the arbitrator may\nnot award relief on behalf of others or the general public.\nOpt out of Agreement to Arbitrate. You can decline this agreement to arbitrate by\nclicking here and submitting the opt-out form within 30 days of first registering your\naccount or agreeing to these Terms. However, if you agreed to a previous version of\nthese Terms that allowed you to opt out of arbitration, your previous choice to opt out\nor not opt out remains binding.\nArbitration Procedures. The American Arbitration Association (AAA) will administer\nthe arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing\ninstructions are available at www.adr.org or by calling 1-800-778-7879. The\narbitration will be held in the United States county where you live or work, San\nFrancisco (CA), or any other location we agree to.\nArbitration Fees and Incentives. The AAA rules will govern payment of all arbitration\nfees. For individual arbitration of non-frivolous claims less than $75,000 for which you\ntimely provided Dropbox with a Notice of Dispute, Dropbox will reimburse arbitration\nfiling fees at the conclusion of the arbitration and will pay other arbitration fees. For\nall other claims, the costs and fees of arbitration shall be allocated in accordance with\nthe arbitration provider’s rules, including rules regarding frivolous or improper claims.\nIf you receive an arbitration award that is more favorable than any offer we make to\nresolve the claim, we will pay you $1,000 in addition to the award. Dropbox will not\nseek its attorneys' fees and costs in arbitration unless the arbitrator determines that\nyour claim is frivolous or brought for an improper purpose.\nExceptions to Agreement to Arbitrate. Either you or Dropbox may assert claims, if they\nqualify, in small claims court in San Francisco (CA) or any United States county\nwhere you live or work. Either party may bring a lawsuit solely for injunctive relief to\n\nstop unauthorized use or abuse of the Services, or intellectual property infringement\n(for example, trademark, trade secret, copyright, or patent rights) without first\nengaging in arbitration or the informal dispute-resolution process described above. If\nthe agreement to arbitrate is found not to apply to you or your claim, you agree to the\nexclusive jurisdiction of the state and federal courts in San Francisco County,\nCalifornia to resolve your claim.\nNO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us\non an individual basis, and may not bring a claim as a plaintiff or a class member in a\nclass, consolidated, or representative action. Class arbitrations, class actions, private\nattorney general actions, and consolidation with other arbitrations aren’t allowed.\nSeverability. If any part of this “Mandatory Arbitration Provisions” section is found to\nbe illegal or unenforceable, the remainder will remain in effect, except that if a finding\nof partial illegality or unenforceability would allow class or representative arbitration,\nthis “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If\nyou are found to have a non-waivable right to bring a particular claim or to request a\nparticular form of relief that the arbitrator lacks authority to redress or award\naccording to this “Mandatory Arbitration Provisions” section, including public\ninjunctive relief, then only that respective claim or request for relief may be brought in\ncourt, and you and we agree that litigation of any such claim or request for relief shall\nbe stayed pending the resolution of any individual claim(s) or request(s) for relief in\narbitration.\nControlling Law\nThese Terms will be governed by California law except for its conflicts of laws principles.\nHowever, some countries (including those in the European Union) have laws that require\nagreements to be governed by the local laws of the consumer's country. This paragraph\ndoesn’t override those laws.\nEntire Agreement\nThese Terms constitute the entire agreement between you and Dropbox with respect to the\nsubject matter of these Terms, and supersede and replace any other prior or\ncontemporaneous agreements, or terms and conditions applicable to the subject matter of\nthese Terms. Our past, present, and future affiliates and agents can invoke our rights under\nthis agreement in the event they become involved in a dispute with you. Otherwise, these\nTerms do not give rights to any third parties.\nWaiver, Severability & Assignment\nDropbox’s failure to enforce a provision is not a waiver of its right to do so later. If a provision\nis found unenforceable, the remaining provisions of the Terms will remain in full effect and\nan enforceable term will be substituted reflecting our intent as closely as possible. You may\nnot assign any of your rights under these Terms, and any such attempt will be void. Dropbox\nmay assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of\nany business associated with the Services.\nModifications\n\nWe may revise these Terms from time to time to better reflect:\n1. changes to the law,\n2. new regulatory requirements, or\n3. improvements or enhancements made to our Services.\nIf an update affects your use of the Services or your legal rights as a user of our Services,\nwe’ll notify you prior to the update's effective date by sending an email to the email address\nassociated with your account or via an in-product notification. These updated terms will be\neffective no less than 30 days from when we notify you.\nIf you don’t agree to the updates we make, please cancel your account and stop using the\nServices before the updated Terms become effective. Where applicable, we’ll offer you a\nprorated refund based on the amounts you have prepaid for Services and your account\ncancellation date. By continuing to use or access the Services after the updates come into\neffect, you agree to be bound by the revised Terms.\nDropbox\nDesktop app\nMobile app\nIntegrations\nFeatures\nSolutions\nDo more than store\nSecurity\nAdvance access\nProducts\nPlus\nProfessional\nBusiness\nEnterprise\nHelloSign\nDocSend\nPlans\nSupport\nHelp center\nContact us\nPrivacy & terms\nCookie policy\nCookies & CCPA preferences\nCommunity\nBlog\nDevelopers\nCommunity forums\nReferrals\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":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"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":1,"explanation":"Lack of indemnification obligation in ToS."},{"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":0,"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, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, 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":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a 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":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 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":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":0,"explanation":"Clause ensuring the right to retrieve some of the digital content belonging to 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":0,"explanation":"Lack of discretional power clauses"},{"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"}]}

{"service":{"name":"iCloud","url":"https://www.apple.com/uk/legal/internet-services/icloud/en/terms.html","lang":"ENG","sector":"Cloud storage","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"20.09.2021"},"document":{"title":"","text":"Welcome to iCloud\nTHIS LEGAL AGREEMENT BETWEEN YOU AND APPLE GOVERNS YOUR USE OF THE iCLOUD PRODUCT,\nSOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS\nIMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU\nARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.\nApple is the provider of the Service, which permits you to utilize certain Internet services, including storing your\npersonal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and iCloud\nemail) and making it accessible on your compatible devices and computers, and certain location based services,\nonly under the terms and conditions set forth in this Agreement. iCloud is automatically enabled when you are\nrunning devices on iOS 9 or later and sign in with your Apple ID during device setup, unless you are upgrading\nthe device and have previously chosen not to enable iCloud. You can disable iCloud in Settings. When iCloud is\nenabled, your content will be automatically stored by Apple on Apple's or third party providers' servers, so you\ncan later access that content or have content wirelessly pushed to your other iCloud-enabled devices or\ncomputers. \nI. REQUIREMENTS FOR USE OF THE SERVICE\nA. Age. The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the\nrelevant jurisdiction), unless you are under 13 years old and your Apple ID was provided to you as a result of a\nrequest by an approved educational institution or established as part of the Family Sharing feature by your parent\nor guardian. We do not knowingly collect, use or disclose personal information from children under 13, or\nequivalent minimum age in the relevant jurisdiction, without verifiable parental consent.  Parents and guardians\nshould also remind any minors that conversing with strangers on the Internet can be dangerous and take\nappropriate precautions to protect children, including monitoring their use of the Service.\nTo use the Service, you cannot be a person barred from receiving the Service under the laws of the United States\nor other applicable jurisdictions, including the country in which you reside or from where you use the Service. By\naccepting this Agreement, you represent that you understand and agree to the foregoing.\nB. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain\nsoftware (fees may apply); may require periodic updates; and may be affected by the performance of these\nfactors. Apple reserves the right to limit the number of iCloud accounts (\"Accounts\") that may be created from a\ndevice and the number of devices associated with an Account. The latest version of required software may be\nrequired for certain transactions or features. You agree that meeting these requirements is your responsibility. \nC. Limitations on Use.  You agree to use the Service only for purposes permitted by this Agreement, and only to\nthe extent permitted by any applicable law, regulation, or generally accepted practice in the applicable\njurisdiction. Your Account is allocated 5GB of storage capacity as described in the iCloud feature pages.\nAdditional storage is available for purchase, as described below. Exceeding any applicable or reasonable\nlimitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may\nprevent you from backing up to iCloud, adding documents, or receiving new email sent to your iCloud email\naddress. If your use of the Service or other behavior intentionally or unintentionally threatens Apple’s ability to\nprovide the Service or other systems, Apple shall be entitled to take all reasonable steps to protect the Service\nand Apple’s systems, which may include suspension of your access to the Service. Repeated violations of the\nlimitations may result in termination of your Account.\nIf you are a covered entity, business associate or representative of a covered entity or business associate (as\nthose terms are defined at 45 C.F.R § 160.103), You agree that you will not use any component, function or other\nfacility of iCloud to create, receive, maintain or transmit any “protected health information” (as such term is\ndefined at 45 C.F.R § 160.103) or use iCloud in any manner that would make Apple (or any Apple Subsidiary)\nyour or any third party’s business associate.\nD. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or\nin all countries and Apple makes no representation that the Service, or any feature or part thereof, is appropriate\nor available for use in any particular location. To the extent you choose to access and use the Service, you do so\nat your own initiative and are responsible for compliance with any applicable laws.\nE. Changing the Service.  Apple reserves the right at any time to modify this Agreement and to impose new or\nadditional terms or conditions on your use of the Service, provided that Apple will give you 30 days’ advance\nnotice of any material adverse change to the Service or applicable terms of service, unless it would not be\nreasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user\nsecurity, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a\nnatural disaster, catastrophic event, war, or other similar occurrence outside of Apple’s reasonable control. With\nrespect to paid iCloud services, e.g. iCloud+ as defined below, Apple will not make any material adverse change\nto the Service before the end of your current paid term, unless a change is reasonably necessary to address\nlegal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to\n\navoid service disruptions to other users; or to avoid issues resulting from a natural disaster, a catastrophic event,\nwar, or other similar occurrence outside of Apple’s reasonable control. In the event that Apple does make\nmaterial adverse changes to the Service or terms of use, you will have the right to terminate this Agreement and\nyour account, in which case Apple will provide you with a pro rata refund of any pre-payment for your then-\ncurrent paid term. Apple shall not be liable to you for any modifications to the Service or terms of service made in\naccordance with this Section IE.\nII. FEATURES AND SERVICES\nA. Photos\n1.  iCloud Photos. When you enable iCloud Photos, your photos, videos, metadata and any edits that you make\nin the Photos App on your iOS device, macOS computer, or Windows PC will be automatically uploaded and\nstored in iCloud, and then pushed to all of your other iCloud Photos-enabled devices and computers. The photo\nand video resolution may vary depending on your device settings and available storage. You may download full\nresolution photos and videos at any time.\n2. Shared Albums.  When you use Shared Albums, Apple stores any photos and videos you share until you\ndelete them. You can access your shared photos and videos from any of your Apple devices that have Shared\nAlbums enabled. People you invite to shared albums may view, save, copy, and share these photos and videos,\nas well as contribute photos and videos, and comments.  If you choose to use Shared Albums to share photos\nvia a web link, these photos will be publicly available to anyone who has been provided or has access to the web\nlink. If you want to stop sharing individual photos, videos, comments or entire Shared Albums, you may delete\nthem at any time. However, any content previously copied from a Shared Album to another device or computer\nwill not be deleted.  \n3. My Photo Stream. When you use My Photo Stream, Apple stores photos taken on your iOS device or\nuploaded from your computer for a limited period of time and automatically pushes the photos to your other\nApple devices that have My Photo Stream enabled. A limited number of photos may be stored in iCloud or on\nyour devices at any one time, and older photos will be automatically deleted from My Photo Stream over time. To\nkeep these photos permanently, you must save them to the camera roll on your iOS device or the photo library\non your computer.\nB. Folder and File Sharing. When you use iCloud Folder and File Sharing, Apple stores any files you share until\nyou delete them. You can access your shared files from any of your Apple devices with iCloud Drive enabled. You\nmay give access to people to view, save, copy or edit these files. You have the option to give people the right to\nedit the files or to only view them. If you use iCloud Folder and File Sharing to share files via a web link, these\nfiles will be publicly accessible to anyone who has been provided the web link. You can stop sharing files at any\ntime. If you stop sharing, files will be removed from iCloud Drive on everyone’s devices. However, any file\npreviously copied to another device or computer will not be deleted.\nC. Mail Drop. If you are logged in to iCloud and you use the macOS Mail app or iCloud Mail on the web to send\nemails with large attachments, you will have the option of using Mail Drop. With Mail Drop, your large\nattachments will be temporarily stored on iCloud servers in order to facilitate their delivery. Apple will either send\na link or a preview of the attachment to recipients, depending on your recipient’s email client application.\nTemporary storage of large email attachments will not count towards your iCloud storage quota. For more\ninformation about Mail Drop, please go to https://support.apple.com/en-us/HT203093.\nD. Third Party Apps. If you sign in to certain third party apps with your iCloud credentials, you agree to allow that\napp to store data in your personal iCloud account and for Apple to collect, store and process such data on\nbehalf of the relevant third-party app developer in association with your use of the Service and such apps. The\ndata that the app stores in your personal iCloud account will count towards your storage limit.  Such data may\nbe shared with another app that you download from the same app developer. \nE. Family Sharing. With Family Sharing, you can share certain purchased content such as Store purchases and\nApple subscriptions with members of your family. You may also share certain content such as photos, calendars,\nlocation, and screen time information depending on what your family chooses to share. You may also share\ncertain subscriptions and in-app purchases from third parties. For more information regarding sharing your\ncontent purchases, please see the Apple Media Services Terms and Conditions\nat https://www.apple.com/legal/internet-services/itunes/ww/. For more information about sharing content, device\nusage and location information with family members, please see https://www.apple.com/family-sharing/.\nF. iCloud Web-Only Account.  If you sign up for the Service with a web-only account on a non-Apple-branded\ndevice or computer, you will have access to only a limited set of Service functionality. You will receive 1 GB of\nfree storage and you will not be able to increase this amount with a web-only account. As a condition to\naccessing the Service with a web-only account, you agree to all relevant terms and conditions found in this\nAgreement, including, without limitation, all requirements for use of the Service, limitations on use, availability,\npublic beta, disclaimers of warranties, rules regarding your content and conduct, and termination. Terms found in\nthis Agreement relating to features not available for web-only users will not be applicable to you. These include,\nfor example, use of location based services and payment of fees for iCloud storage upgrades. You further agree\nthat if you subsequently access your web-only account from an Apple-branded device or Apple-branded\ncomputer, whether or not you own such device or computer, Apple may automatically upgrade your web-only\naccount to a full iCloud account and provide all available functionality of the Service to you, including increased\n\nfree storage capacity. If you choose to access your web-only account from an Apple-branded device or Apple-\nbranded computer and you are subsequently upgraded to full functionality of the Service, you agree that all of\nthe terms and conditions contained herein apply to your use of the Service. If you do not want to have a full\niCloud account, do not sign in to your web-only account from an Apple-branded device or computer.\nG. iCloud+. iCloud+ is a premium iCloud Subscription that includes access to additional storage and certain\npremium features (“iCloud+”). The subscription plans for iCloud+ are iCloud+ Subscriptions. Depending on the\nrequirements of your location, you can obtain some or all of the following iCloud+ features if you have an iCloud+\nSubscription or someone in your Family Sharing group has an iCloud+ Subscription and shares it with you:\n1. Private Relay. Private Relay allows you to connect to and browse the web more privately and securely by\nencrypting your internet traffic and sending it through at least two internet relays. When using Private Relay some\nwebsites may not behave as expected, for example by showing content for the wrong region or requiring extra\nsteps to sign in. You can enable or disable Private Relay from iCloud Settings at any time. Additionally, Private\nRelay may impact your internet provider’s ability to exempt your data usage from data caps and may result in\nadditional charges from your internet provider. Private Relay may be initially available as a beta and, if so, it is a\nBeta Feature subject to the provisions of Section VI.C. (Public Beta).\n2. Hide My Email. Hide My Email allows you to generate unique, random email addresses that will forward onto\nan email address of your choosing. Apple reserves the right to limit the number of email addresses available\nunder this feature, or to terminate the use of an alias if the use violates the terms and conditions as set forth\nherein.\n3. HomeKit Secure Video. HomeKit Secure Video in iCloud+ allows you to store video from compatible home\nsecurity cameras in iCloud and view your footage remotely. HomeKit Secure Video requires a supported iCloud+\nplan, compatible HomeKit-enabled security camera, and HomePod, Apple TV, or iPad running as a home hub.\nCertain iCloud+ plans may limit the number of cameras or video streams available to you.\n4. Custom Email Domains. You can personalize your iCloud Mail address with a custom domain name (when\navailable) and invite members of your family to use the same domain with their iCloud Mail accounts. Each\nperson can have up to three email addresses per domain. Mail stored in iCloud counts toward your iCloud\nstorage. If you run out of iCloud storage space, you will not be able to receive new messages at your custom\nemail addresses until you make more storage space available. Apple reserves the right to refuse to personalize\nyour iCloud Mail address with a custom domain name that is unlawful, harassing, threatening, harmful, tortious,\ndefamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically\noffensive, or otherwise objectionable.\nSome iCloud+ features are not available in all countries or regions.\nH. Two-Factor Authentication and Autodialed Calls/Texts. If you choose to enable Two-Factor Authentication for\nyour Apple ID, you consent to (a) provide Apple at least one telephone number; and (b) receive autodialed or\nprerecorded calls and text messages from Apple at any of the telephone numbers provided. We may place such\ncalls or texts to (i) help keep your Account secure when signing in; (ii) help you access your Account when you’ve\nforgotten your password; or (iii) as otherwise necessary to service your Account or enforce this Agreement, our\npolicies, applicable law, or any other agreement we may have with you.\nI. Help with Account Recovery. You can add one or more people as a recovery contact who can use their device\nto generate a code that can help you regain access to your account and data. The recovery contact must be\nover 13 years old (or equivalent minimum age in the relevant jurisdiction), have an Apple ID, two factor\nauthentication, and an Apple device with device passcode enabled. They will not be able to get direct access to\nyour account. It is your responsibility to keep your recovery contacts up to date.\nJ. Digital Legacy. With Digital Legacy, you can choose to add one or more contacts to access and download\ncertain data in your account after your death. If your designated contacts provide proof of death to Apple and\nhave the required key, they will automatically obtain access to that certain account data and activation lock will\nbe removed from all your devices. Thus, it is your responsibility to keep your Digital Legacy contacts up to date.\nYou can learn more about Digital Legacy at http://support.apple.com/HT212360 and\n http://support.apple.com/HT212361.\nK. Use of Location-Based Services\nApple and its partners and licensors may provide certain features or services that rely upon device-based\nlocation information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points\nand cell tower locations. To provide such features or services, where available, Apple and its partners and\nlicensors must collect, use, transmit, process and maintain your location data, including but not limited to the\ngeographic location of your device and information related to your Account and any devices registered\nthereunder, including but not limited to your Apple ID, device ID and name, and device type. \nYou may withdraw consent to Apple and its partners’ and licensors’ collection, use, transmission, processing and\nmaintenance of location and Account data at any time by not using the location-based features and turning off\nFind My (including the predecessor apps Find My iPhone and Find My Friends, collectively referred to as “Find\nMy”), or Location Services in Settings (as applicable) on your device. When using third party services that use or\nprovide location data as part of the Service, you are subject to and should review such third party’s terms and\n\nprivacy policy on use of location data by such third party services. Any location data provided by the Service is\nnot intended to be relied upon in situations where precise location information is needed or where erroneous,\ninaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or\nenvironmental damage. Apple shall use reasonable skill and due care in providing the Service, but neither Apple\nnor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or\ntimeliness of location data or any other data displayed by the Service. LOCATION-BASED SERVICES ARE NOT\nINTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM.\nL. Find My\nWhen you enable iCloud and Location Services on a device running iOS 13, iPad OS or macOS Catalina or later,\nFind My (Find My iPhone for devices running iOS 8 through iOS 12) will be enabled automatically on that device\nand any Apple accessories paired with it. Once enabled, your device will be automatically linked to your Apple ID\nand your Apple ID password will be required before anyone (including you) can turn off Find My, sign out of\niCloud, erase or activate the device.  Apple and its authorized agents may not perform hardware or software\nsupport services, including services under Apple’s limited warranty, unless you disable Find My prior to service. \nApple shall bear no responsibility for your failure to protect your iOS device with a passcode, enable Lost Mode,\nand/or receive or respond to notices and communications.  Apple shall also bear no responsibility for returning\nyour iOS device to you or for any loss of data on your iOS device.\nFind My Network is a crowdsourcing feature that can help you and others locate missing devices when those\ndevices are not connected to the internet. If Find My Network is enabled on a device, it can detect the presence\nof nearby offline devices via Bluetooth (or similar technologies). If a device detects a missing offline device, it will\nuse Wi-Fi or cellular connections to securely report the approximate location of the device back to the Apple ID\nassociated with the device so the owner can view its location in the Find My app. Location reporting is end-to-\nend encrypted, and Apple cannot see the location of the reporting device or any offline device. You can disable\nFind My Network in Settings.\nM. Backup\niCloud Backup periodically creates automatic backups for iOS devices, when the device is screen locked,\nconnected to a power source, and connected to the Internet via a Wi-Fi network. If a device has not backed up\nto iCloud for a period of one hundred and eighty (180) days, Apple reserves the right to delete any backups\nassociated with that device. Backup may include device settings, device characteristics, photos and videos,\ndocuments, your messages, ringtones, Health app data and other app data. For additional information, please\ngo to https://support.apple.com/en-us/HT207428. The following content is not included in your iCloud backup:\ncontent purchased from the iTunes Store, App Store, or Apple Books, media synced from your computer, and\nyour photo library if you have enabled iCloud Photo Library. Apple shall use reasonable skill and due care in\nproviding the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLE DOES\nNOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE\nSERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN\nACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND APPLE SHALL NOT BE RESPONSIBLE\nSHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain\nappropriate alternate backup of your information and data.\nIII. SUBSCRIPTION UPGRADES\nThe iCloud+ Subscription plans are available for purchase on a subscription basis.\nA. Payment\nBy you upgrading to the iCloud+ Subscription service for more storage and additional features, Apple will\nautomatically charge on a recurring basis the fee for the plan you choose, including any applicable taxes, to the\npayment method associated with your Apple ID (e.g., the payment method you use to shop on the iTunes Store,\nApp Store, or Apple Books, if available) or the payment method associated with your Family account. For details\nabout plans and pricing, please visit https://support.apple.com/en-us/HT201238. If you are a Family organizer,\nyou agree to have Apple charge your payment method on a recurring basis for members of your Family who\nupgrade their plan. Apple may also obtain preapproval for an amount up to the amount of the transaction and\ncontact you periodically by email to the email address associated with your Apple ID for billing reminders and\nother subscription account-related communications.  \nYou can change your subscription by upgrading or downgrading your plan under the iCloud section of Settings\non your device, or under the iCloud pane of System Preferences on your Mac or iCloud for Windows on your PC.\nThe applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on\nthe next annual or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES\nAND FOR PROVIDING APPLE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT\nOF ALL FEES. If Apple is unable to successfully charge your credit card or payment account for fees due, Apple\nreserves the right to revoke or restrict access to your stored content, delete your stored content, or terminate\nyour Account. If you want to designate a different credit card or payment account or if there is a change in your\ncredit card or payment account status, you must change your information online in the Account Information\nsection of iCloud; this may temporarily disrupt your access to the Services while Apple verifies your new\n\npayment information. We may contact you via email regarding your account, for reasons including, without\nlimitation, reaching or exceeding your storage limit of your selected plan. \nIf you are in Brazil, notwithstanding anything herein to the contrary:\nFor any charges made by Apple to you, Apple may use an affiliated company to perform activities of collection\nand remittances to charge any amounts owed by you in connection with your iCloud account.  In addition, your\ntotal price will include the price of the upgrade plus any applicable credit card fees. You are responsible for any\ntaxes applicable to you except for any applicable withholding taxes which shall be collected by Apple’s affiliated\ncompany. You must provide all account information required by Apple to enable such transactions. You\nacknowledge and agree that if you do not provide all required account information, Apple shall have the right to\nterminate your account. \nB. Right of Withdrawal\nIf you choose to cancel your subscription following its initial purchase or, if you are on an annual payment plan,\nfollowing the commencement of any renewal term, you may do so by informing Apple with a clear statement (see\napplicable address details in section “General” below) within 14 days from when you received your e-mail\nconfirmation by contacting Customer Support. You do not need to provide a reason for cancellation. \nTo meet the cancellation deadline, you must send your communication of cancellation before the 14-day period\nhas expired. \nCustomers in the EU and Norway also have the right to inform us using the model cancellation form below:\nTo:  Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland:\nI hereby give notice that I withdraw from my contract for the following: \n[SUBSCRIPTION PLAN AND PERIOD, e.g., 200 GB MONTHLY iCLOUD+ SUBSCRIPTION PLAN UPGRADE]\nOrdered on [INSERT DATE] \nName of consumer\nAddress of consumer\nDate \nEffects of cancellation \nWe will reduce your storage back to 5 GB and reimburse you no later than 14 days from the day on which we\nreceive your cancellation notice. If you have used more than 5GB of storage during this period, you may not be\nable to create any more iCloud backups or use certain features until you have reduced your storage. We will use\nthe same means of payment as you used for the transaction, and you will not incur any fees for such\nreimbursement. \nIV. Your Use of the Service\nA. Your Account\nAs a registered user of the Service, you must establish an Account. Don’t reveal your Account information to\nanyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all\nactivities that occur on or through your Account, and you agree to immediately notify Apple of any security\nbreach of your Account. You further acknowledge and agree that the Service is designed and intended for\npersonal use on an individual basis and you should not share your Account and/or password details with another\nindividual. Provided we have exercised reasonable skill and due care, Apple shall not be responsible for any\nlosses arising out of the unauthorized use of your Account resulting from you not following these rules.\nIn order to use the Service, you must enter your Apple ID and password to authenticate your Account. You agree\nto provide accurate and complete information when you register with, and as you use, the Service (“Service\nRegistration Data”), and you agree to update your Service Registration Data to keep it accurate and complete.\nFailure to provide accurate, current and complete Service Registration Data may result in the suspension and/or\ntermination of your Account. You agree that Apple may store and use the Service Registration Data you provide\nfor use in maintaining and billing fees to your Account.\nB. Use of Other Apple Products and Services\nParticular components or features of the Service provided by Apple and/or its licensors, including but not limited\nto the ability to download previous purchases and iTunes Match and/or iCloud Music Library (additional fees\napply), require separate software or other license agreements or terms of use. You must read, accept, and agree\nto be bound by any such separate agreement as a condition of using these particular components or features of\nthe Service.\nC. No Conveyance\n\nNothing in this Agreement shall be construed to convey to you any interest, title, or license in an Apple ID, email\naddress, domain name, iChat ID, or similar resource used by you in connection with the Service.\nD. No Right of Survivorship\nExcept as allowed under Digital Legacy and unless otherwise required by law, you agree that your Account is\nnon-transferable and that any rights to your Apple ID or content within your Account terminate upon your death.\nUpon receipt of a copy of a death certificate your Account may be terminated and all content within your\nAccount deleted. Contact iCloud Support at https://support.apple.com/icloud for further assistance.\nE. No Resale of Service\nYou agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof)\nfor any purpose.\nV. Content and Your Conduct\nA. Content\n“Content” means any information that may be generated or encountered through use of the Service, such as\ndata files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos,\nmessages and any other like materials. You understand that all Content, whether publicly posted or privately\ntransmitted on the Service is the sole responsibility of the person from whom such Content originated. This\nmeans that you, and not Apple, are solely responsible for any Content you upload, download, post, email,\ntransmit, store or otherwise make available through your use of the Service. You understand that by using the\nService you may encounter Content that you may find offensive, indecent, or objectionable, and that you may\nexpose others to Content that they may find objectionable. Apple does not control the Content posted via the\nService, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that\nyour use of the Service and any Content is solely at your own risk.\nB. Your Conduct\nYou agree that you will NOT use the Service to:\na. upload, download, post, email, transmit, store, share, import or otherwise make available any Content that is\nunlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar,\ninvasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;\nb. stalk, harass, threaten or harm another;\nc. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such\nother age as local law defines as a minor) who is not personally known to you, including but not limited to any of\nthe following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of\nthe minor’s school, church, athletic team or friends;\nd. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as\nanother person (including celebrities), entity, another iCloud user, an Apple employee, or a civic or government\nleader, or otherwise misrepresent your affiliation with a person or entity (Apple reserves the right to reject or block\nany Apple ID or email address which could be deemed to be an impersonation or misrepresentation of your\nidentity, or a misappropriation of another person’s name or identity);\ne. engage in any copyright infringement or other intellectual property infringement (including uploading any\ncontent to which you do not have the right to upload), or disclose any trade secret or confidential information in\nviolation of a confidentiality, employment, or nondisclosure agreement;\nf. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising,\npromotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising\nand informational announcements;\ng. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or\notherwise putting information in a header designed to mislead recipients as to the origin of any Content\ntransmitted through the Service (“spoofing”);\nh. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other\ncomputer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any\npart thereof), or any other computer software or hardware;\ni. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts\nor web crawlers), or any servers or networks connected to the Service, or any policies, requirements or\nregulations of networks connected to the Service (including any unauthorized access to, use or monitoring of\ndata or traffic thereon);\nj. plan or engage in any illegal activity; and/or\n\nk. gather and store personal information on any other users of the Service to be used in connection with any of\nthe foregoing prohibited activities.\nC. Removal of Content\nYou acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has\nno duty to screen such Content. However, Apple reserves the right at all times to determine whether Content is\nappropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove\nContent at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of\nthis Agreement or is otherwise objectionable.\nD. Back up Your Content\nYou are responsible for backing up, to your own computer or other device, any important documents, images or\nother Content that you store or access via the Service. Apple shall use reasonable skill and due care in providing\nthe Service, but Apple does not guarantee or warrant that any Content you may store or access through the\nService will not be subject to inadvertent damage, corruption or loss.\nE. Access to Account and Content\nApple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or\nverify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability\nto you, access, use, preserve and/or disclose your Account information and any Content to law enforcement\nauthorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if\nlegally required to do so or if Apple has a good faith belief that such access, use, disclosure, or preservation is\nreasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including\ninvestigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical\nissues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or\npermitted by law. You acknowledge that Apple is not responsible or liable in any way for any Content provided by\nothers and has no duty to screen such Content. However, consistent with Apple's privacy policy, Apple reserves\nthe right at all times to determine whether Content is appropriate and in compliance with this Agreement, and\nmay prescreen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole\ndiscretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.\nF. Copyright Notice - DMCA\nIf you believe that any Content in which you claim copyright has been infringed by anyone using the Service,\nplease contact Apple’s Copyright Agent as described in our Copyright Policy\nat https://www.apple.com/legal/trademark/claimsofcopyright.html. Apple may, in its sole discretion, suspend\nand/or terminate Accounts of users that are found to be repeat infringers.\nG. Violations of this Agreement\nIf while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of\nthis Agreement, you may report it by sending an email to [email protected].\nH. Content Submitted or Made Available by You on the Service\n1. License from You. Except for material we may license to you, Apple does not claim ownership of the materials\nand/or Content you submit or make available on the Service. However, by submitting or posting such Content on\nareas of the Service that are accessible by the public or other users with whom you consent to share such\nContent, you grant Apple a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify,\nadapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the\npurpose for which such Content was submitted or made available, without any compensation or obligation to\nyou. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or\nviolate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise\nunlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such\nContent on areas of the Service that are accessible by the public or other users, you are representing that you\nare the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.\n2. Changes to Content. You understand that in order to provide the Service and make your Content available\nthereon, Apple may transmit your Content across various public networks, in various media, and modify or\nchange your Content to comply with technical requirements of connecting networks or devices or computers.\nYou agree that the license herein permits Apple to take any such actions.\n3. Trademark Information. Apple, the Apple logo, iCloud, the iCloud logo and other Apple trademarks, service\nmarks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of\nApple Inc. in the US and/or other countries. A list of Apple’s trademarks can be found here\n- https://www.apple.com/legal/trademark/appletmlist.html. Other trademarks, service marks, graphics, and logos\nused in connection with the Service may be the trademarks of their respective owners. You are granted no right\nor license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any\nproprietary notices (including trademark and copyright notices) that may be affixed to or contained within the\nService.\n\nVI. Software\nA. Apple’s Proprietary Rights. You acknowledge and agree that Apple and/or its licensors own all legal right, title\nand interest in and to the Service, including but not limited to graphics, user interface, the scripts and software\nused to implement the Service, and any software provided to you as a part of and/or in connection with the\nService (the “Software”), including any and all intellectual property rights that exist therein, whether registered or\nnot, and wherever in the world they may exist. You further agree that the Service (including the Software, or any\nother part thereof) contains proprietary and confidential information that is protected by applicable intellectual\nproperty and other laws, including but not limited to copyright. You agree that you will not use such proprietary\ninformation or materials in any way whatsoever except for use of the Service in compliance with this Agreement.\nNo portion of the Service may be reproduced in any form or by any means, except as expressly permitted in\nthese terms.\nB. License From Apple. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF\nTHE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE\nINTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL\nPENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.\nC. Public Beta. From time to time, Apple may choose to offer new and/or updated features of the Service (the\n“Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Apple with\nfeedback on the quality and usability of the Beta Features. You understand and agree that your participation in\nthe Program is voluntary and does not create a legal partnership, agency, or employment relationship between\nyou and Apple, and that Apple is not obligated to provide you with any Beta Features. Apple may make such\nBeta Features available to Program participants by online registration or enrollment via the Service. You\nunderstand and agree that Apple may collect and use information from your Account, devices and peripherals in\norder to enroll you in a Program and/or determine your eligibility to participate. You understand that once you\nenroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the\nevent such reversion is possible, you may not be able to migrate data created within the Beta Feature back to\nthe earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this\nAgreement and any additional license terms that may separately accompany the Beta Features. The Beta\nFeatures are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that\ncould cause failures, corruption or loss of data and/or information from your device and from peripherals\n(including, without limitation, servers and computers) connected thereto. Apple strongly encourages you to\nbackup all data and information on your device and any peripherals prior to participating in any Program. You\nexpressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS\nAND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT\nLIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF\nYOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION\nOR DATA. Apple may or may not provide you with technical and/or other support for the Beta Features. If\nsupport is provided it will be in addition to your normal support coverage for the Service and only available\nthrough the Program. You agree to abide by any support rules or policies that Apple provides to you in order to\nreceive any such support. Apple reserves the right to modify the terms, conditions or policies of the Program\n(including ceasing the Program) at any time with or without notice, and may revoke your participation in the\nProgram at any time. You acknowledge that Apple has no obligation to provide a commercial version of the Beta\nFeatures, and that should such a commercial version be made available, it may have features or functionality\ndifferent than that contained in the Beta Features. As part of the Program, Apple will provide you with the\nopportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You\nagree that in the absence of a separate written agreement to the contrary, Apple will be free to use any feedback\nyou provide for any purpose.\nD. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software\nor other Content via the Service, may be subject to the export and import laws of the United States and other\ncountries. You agree to comply with all applicable export and import laws and regulations. In particular, but\nwithout limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b)\nto anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of\nCommerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that\nyou are not located in any such country or on any such list. You also agree that you will not use the Software or\nService for any purposes prohibited by United States law, including, without limitation, the development, design,\nmanufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload\nto your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that\ncannot be exported without prior written government authorization, including, but not limited to, certain types of\nencryption software and source code, without first obtaining that authorization. This assurance and commitment\nshall survive termination of this Agreement.\nE. Updates. From time to time, Apple may update the Software used by the Service. In order to continue your\nuse of the Service, such updates may be automatically downloaded and installed onto your device or computer.\nThese updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the\nSoftware. \nVII. Termination\nA. Voluntary Termination by You\n\nYou may delete your Apple ID and/or stop using the Service at any time. If you wish to stop using iCloud on your\ndevice, you may disable iCloud from a device by opening Settings on your device, tapping iCloud, and tapping\n”Sign Out”. To terminate your Account and delete your Apple ID, contact Apple Support\nat https://support.apple.com/contact. If you terminate your Account and delete your Apple ID, you will not have\naccess to other Apple or third party products and services that you set up with that Apple ID. This action may be\nnon-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted\notherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate.\nTermination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.\nB. Termination by Apple\nApple may at any time, under certain circumstances and without prior notice, immediately terminate or suspend\nall or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a)\nviolations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the\nService; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law\nenforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may\nbecome unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or\nillegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of\nnon-material breach, Apple will be permitted to terminate only after giving you 30 days’ notice and only if you\nhave not cured the breach within such 30-day period. Any such termination or suspension shall be made by\nApple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may\nresult or arise out of such termination or suspension of your Account and/or access to the Service. In addition,\nApple may terminate your Account upon 30 days’ prior notice via email to the address associated with your\nAccount if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the\nService or any part thereof. Notice of general discontinuance of service will be provided as set forth herein,\nunless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental\naction; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other\nusers; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Apple’s\nreasonable control. In the event of such termination, Apple will provide you with a pro rata refund of any pre-\npayment for your then-current paid term. Apple shall not be liable to you for any modifications to the Service or\nterms of service in accordance with this Section VIIB.\nC. Effects of Termination\nUpon termination of your Account you may lose all access to the Service and any portions thereof, including, but\nnot limited to, your Account, Apple ID, email account, and Content. In addition, after a period of time, Apple will\ndelete information and data stored in or as a part of your account(s). Any individual components of the Service\nthat you may have used subject to separate software license agreements will also be terminated in accordance\nwith those license agreements.\nVIII. Links and Other Third Party Materials\nCertain Content, components or features of the Service may include materials from third parties and/or\nhyperlinks to other web sites, resources or Content. Because Apple may have no control over such third party\nsites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites\nor resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way\nbe liable or responsible for any Content, advertising, products or materials on or available from such sites or\nresources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any\ndamages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance\nupon any such Content, advertising, products or materials on or available from such sites or resources.\nIX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE\nEXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE\nEXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.\nAPPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING\nDISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.\nAPPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE\nUNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE\nTHE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE\nTERMS OF THIS AGREEMENT.\nYOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS\nAVAILABLE” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,\nAGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER\nEXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR,\nAPPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS\nAND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II)\nYOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY\n\nINFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND\n(IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE\nCORRECTED.\nAPPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS,\nCORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND\nAPPLE DISCLAIMS ANY LIABILITY RELATING THERETO.\nANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS\nACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY\nDAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF\nANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR\nSUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR\nERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE\nCOULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.\nLIMITATION OF LIABILITY\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE\nPROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY\nAPPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO\nYOU.\nAPPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING\nLIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) APPLE’S FAILURE TO USE\nREASONABLE SKILL AND DUE CARE; (B) APPLE’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR\nFRAUD; OR (C) DEATH OR PERSONAL INJURY.\nYOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS,\nDIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR\nANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,\nBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF\nPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE\nHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR\nINABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR\nPERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO\nOR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR\nFAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE\nSERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER\nMATTER RELATING TO THE SERVICE.\nINDEMNIFICATION\nYou agree to defend, indemnify and hold Apple, its affiliates, subsidiaries, directors, officers, employees, agents,\npartners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees,\nmade by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make\navailable through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action\ntaken by Apple as part of its investigation of a suspected violation of this Agreement or as a result of its finding or\ndecision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means\nthat you cannot sue Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors,\nand licensors as a result of its decision to remove or refuse to process any information or Content, to warn you,\nto suspend or terminate your access to the Service, or to take any other action during the investigation of a\nsuspected violation or as a result of Apple’s conclusion that a violation of this Agreement has occurred. This\nwaiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This\nobligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You\nacknowledge that you are responsible for all use of the Service using your Account, and that this Agreement\napplies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify\nand hold harmless Apple from and against any and all claims and demands arising from usage of your Account,\nwhether or not such usage is expressly authorized by you.\nX. GENERAL\nA. Notices\nApple may provide you with notices regarding the Service, including changes to this Agreement, by email to your\niCloud email address (and/or other alternate email address associated with your Account if provided), iMessage\nor SMS, by regular mail, or by postings on our website and/or the Service.\nIf you are located in India, pursuant to “The Information Technology (Guidelines for Intermediaries) Rules, 2021”,\nplease refer your grievance/complaint to the following grievance officer:\nFor matters relevant under \"Intermediary Guidelines”:\nPriyesh Poovanna\n\[email protected]\nImportant Note:\nPlease note that only the grievances falling within the Information Technology (Intermediary Guidelines) Rules,\n2021, pertaining to iCloud will be addressed via the above e-mail addresses.\nB. Governing Law\nExcept to the extent expressly provided in the following paragraph, this Agreement and the relationship between\nyou and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions.\nYou and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county\nof Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S.\ncitizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a\ncitizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this\nAgreement shall be governed by the applicable law set forth below, without regard to any conflict of law\nprovisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state,\nprovince or country identified below whose law governs:\nIf you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and\nforum shall be the laws and courts of your usual place of residence.\nIf you are a citizen of Japan, the governing law shall be Japanese law and the forum shall be Tokyo, Japan.\nSpecifically excluded from application to this Agreement is that law known as the United Nations Convention on\nthe International Sale of Goods.\nC. Entire Agreement\nThis Agreement constitutes the entire agreement between you and Apple, governs your use of the Service and\ncompletely replaces any prior agreements between you and Apple in relation to the Service. You may also be\nsubject to additional terms and conditions that may apply when you use affiliate services, third-party content, or\nthird-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed\nin a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties,\nand the remaining portions shall remain in full force and effect. The failure of Apple to exercise or enforce any\nright or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except\nas otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.\nD. “Apple” as used herein means:\n• Apple Inc., located at One Apple Park Way, Cupertino, California, for users in the United States, including\nPuerto Rico;\n• Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in\nCanada;\n• Apple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida, for users in Mexico,\nCentral or South America, or any Caribbean country or territory (excluding Puerto Rico);\n• iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in\nJapan. \n• Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia or\nNew Zealand, including in any of their territories or affiliated jurisdictions; and\n• Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for\nall other users. \nELECTRONIC CONTRACTING\nYour use of the Service includes the ability to enter into agreements and/or to make transactions\nelectronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR\nAGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.\nYOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL\nRECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES\nOF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your\nelectronic records, you may be required to have certain hardware and software, which are your sole\nresponsibility.\nE. Privacy\nYour use of the Service is subject to Apple’s Privacy Policy, which is available\nat https://www.apple.com/legal/privacy/.\nLast revised: September 20, 2021\n\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":"There is no max amount of the damages possible to be claimed"},{"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":"Lack of mandatory arbitration"},{"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":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":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 reserves a right to delete all content put in the service by the user without restrictions"},{"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":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"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"}]}

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"{\"service\":{\"name\":\"Signal\",\"url\":\"https://signal.org/legal/\",\"lang\":\"ENG\",\"sector\"(...TRUNCATED)

"{\"service\":{\"name\":\"Telegram\",\"url\":\"https://telegram.org/tos?setln=en\",\"lang\":\"ENG\",(...TRUNCATED)