Questions tagged [terms-of-service]

A set of regulations which users must agree to follow in order to use a service.

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Offering a free service (SaaS) via website as a personal individual person in Germany for everybody (global)

Want to offer a free service to scan code via my website (Software as a Service - SaaS) . It will be free for now, run as a individual in Germany to be used globally (anybody in the world). Hosted on ...
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Can anything go into a website's TOS just like a normal contract?

To my understanding a website's terms of service is just like a regular contract. You agree to it by click "I agree" or simply by using the website. So hypothetically could a website scam people by ...
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Trying to understand the ToS of YouTube when embedding videos in other monetized websites

I'm working on an idea pretty similar to the infinitelooper.com website but am having trouble fully understanding the terms of service of YouTube. Inifinitelooper was created way back in 2010 when ...
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63 views

Must the Privacy Policy be Included In-App, or is a Hyperlink Good Enough?

The title says it: I'm wondering if my company has to have a copy of our app's Privacy Policy included in the actual software package. On the one hand, I could see a copy of the Policy being required,...
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What is the Google “Company” TOS for, compared to the Google Chrome TOS?

So I see Google's TOS, and Google Chrome's TOS. First off, does the "Google's TOS" actually mean it's for the Google company as a whole, or is this just for the search engine? They mention user ...
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Is it legal to sell a web scraper? [duplicate]

I’m just wondering if I will get in trouble for selling a website scraper targeted at a specific site? I see lots of online services offering this, some quite well established like ParseHub and they ...
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Will people under 16 in the UK be able to use WhatsApp when we leaves the EU?

In the WhatsApp Terms of Service (and yes, I generally read a service's TOS before signing up) it states that "If you live in a country in the European Region, you must be at least 16 years old to use ...
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UK - Refunds on digital services

I'm currently working on a business as a sole trader providing scalable servers to clients, they are billed monthly. I'm aware the consumer rights act also affects digital goods, so whats to stop ...
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Is ban evasion illegal?

What is the legality of "Ban Evasions"? This sounds like a dumb question but perhaps enlighten the ignorant. Ban Evasion, "The creation of a new account on a platform or website after being ...
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GDPR & CCPA compliance involving terms of service violation

If a user writes a comment on a website that gets flagged and removed+archived are we still obligated to delete the user content and/or the association of that comment with the person? According to ...
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Lawsuit over the breach of Terms and Services against a non-resident

So, there's an automation tool for a well-known US-based online platform. Can that platform sue a non-US-based company (or an individual residing outside of the USA) over a breach of its Terms of ...
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Can I allow creation of a user profile without their knowledge?

I'm working on an app/website and I want to add functionality, which would allow current users create profiles for their friends and possibly connect these pages with the persons social network ...
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How to call the 'agrement' of a user accepting an action or risk?

I am planning a software management solution of storing the user accepted agreements for some of my applications. I have Terms of use and Privacy policies for every app and I want to store them in a ...
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Is asking users to waive GDPR compliance a legal way of escaping GDPR data handling requirements?

I have recently come across this part of an app from a well-known US company: Is this a legal way of handling some of the technical obstacles GDPR introduced? Is this a "flexible" interpretation of ...
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137 views

Is selling an online poker assistance software that is prohibited by poker sites legal?

I own a small tech firm and we have been approached by a team of professional online poker players. They want us to build a real time assistance software that helps them play poker. It works by ...
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Can we write anything in a Terms & Conditions agreement

I'm wondering if anything can be written in Terms & Conditions agreements and, if some rules apply, what are they (preferably in the EU)? There's this famous South Park episode HUMANCENTiPAD ...
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Is it legal to promote activity on a mobile app with reward based contests?

I am planning to launch a social networking app where, for building an initial community of users, the primary motivation would be a rewarding contest. The contest would involve users earning points 1)...
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219 views

An (undetermined) fraud in the terms of use

Before asking this question, I should say some words. Because this question seems similar to another question I asked, I worry someone may mark this as a duplicate without understanding - In fact, ...
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Mistakenly agreed with a scammer’s term of use

R.f. scam Say, someone was scammed by a false online bitcoin mining service. He invested some money to buy the scammer’s service, the service was said to produce bitcoins online at a very fast speed ...
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46 views

Making use of client side website files to figure out API endpoints being used

There is a utility website witch I presumed used a backend API. There is no authentication or anything on the website, it's just for public use. Now, I want to build a mobile app that makes use of the ...
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Scraping legal disclosure reports to build a database?

I am thinking of scraping business related data from websites like the UK's National Storage Mechanism, where all UK publicly traded security issuers must periodically report various bits of ...
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Returns policy of physical goods and shipping

In South Africa we have CPA (Consumer Protection Act) which entitles the buyer of a product to return a product at no cost to themselves withing 6 months if the product malfunctions or is defective in ...
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Is imposing taxes on WhatsApp use legal or not?

I hope this is the right SE site to ask this question. Recently, in Lebanon, the government decided to impose a daily tax on the first call made using WhatsApp call feature, equal to 0.2$. Now ...
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103 views

Requested to remove YouTube embeds?

I used the YouTube API to play a series of videos hosted by one particular YouTube channel of national (US) prestige. About a month later, I received a letter from one of their attorneys requesting to ...
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102 views

Impossible-to-satisfy requirements for opting out of arbitration

I recently started using an online service whose Terms of Use include a mandatory arbitration provision. The terms include the statement You can opt out of the arbitration and class action waiver ...
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Is it obligatory to store ToS and Privacy Policy consent for a web app?

I've been trying to find if it's obligatory to store in a database the consent given by an user regarding the ToS and Privacy Policy, but at best what I can find is sentences saying "should". So my ...
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Wag! Terms of Service

Wag! is an app for dog sitting services. According to their terms, once you get acquainted with a pet care provider through Wag! platform, you cannot obtain for life pet care services from the dog ...
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Unsolicited ideas clause in terms of service in the context of corporate email contact links?

Most term of service contracts have a unsolicited ideas clause that contains language like: suggestions or ideas relating to enhancements, new or improved products, technologies etc. If the ...
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92 views

Consequences of blank check on privacy policy?

Some websites intentionally hide access to privacy policies and terms & conditions they require users to agree to. For example, consider the Hotel De Anza. If you click through the steps of the ...
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75 views

Is it legal to create user accounts on behalf of users?

Suppose that a customer wants an online or cloud service provider to port all their users from their old system to the provider's new system. Most of them won't know this is happening. It seems like ...
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56 views

Writing/using selfmade API for DeepL

I just learned that scrapping the web is not always as legal as I thought it is. Apperantly a website can prohibit in its Terms Of Service the use of webscrappers for their website. The translator ...
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71 views

Which countries' law should be considered for Privacy Policy and Terms of Use in a localized website

Should a multi-language website have different privacy policy and terms of use content for the languages it implements? Or is it just perfectly legal to have a mot-a-mot translation of the base ...
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135 views

What can a user do if a service does not enforce their TOS?

With many websites requiring a agreement to a TOS, this usually means that a user is restricted from doing certain things on the site or application, but does the user gain anything out of these ...
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Is web scraping legal without authentification?

I am currently learning how to web scrape the web and I encountered a major problem. It seems that every website has some part of its terms of use talking about web scraping being strictly prohibited....
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Assignment of Contracts in business acquisition - do they require notice?

Actual scenario: The Terminix International Company Limited acquires local pest control company, Insight Pest Solutions of Omaha, Nebraska. I, the consumer, had previously been in contract with ...
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204 views

Building a site like socialbade illegal?

There are plenty of sites that seem to grab/crawl public profiles form Instagram, e.g. Socialblade, Instastatistics, or Likeometer. What I read from Instagram’s TOC is that this is violating these ...
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93 views

Facebook contract Vs Minors

A minor's ability to contract at face-value is straight forward, any contract with a minor that is not for necessities (food, medicine, clothing, and lodging), and was not approved by the parents/...
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57 views

The circumvention of terms and conditions

There are sites, for example 'moodys.com', which require an explicit agreement to the terms and conditions on every vist (e.g. https://www.moodys.com/research/Moodys-affirms-Chang-Hwa-Commercial-Banks-...
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22 views

Can product replacement terms be left open to interpretation?

This question is pertaining to the "BuyBack" guarantee offered by "Flipkart" (an ecommerce company owned by Walmart in India). Flipkart offers a BuyBack policy on mobile phones but in their policy ...
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131 views

Unauthorised Use of Discount Code

TL;DR Can a retailer back out of their own Terms and Conditions because I used a discount code that I did not have explicit authorisation to use? Full Details I found a discount code online for a ...
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What is the meaning of “Additionally, and subject to our obligations hereunder and under X”?

Question: What is the meaning of "Additionally, and subject to our obligations hereunder and under X" ? Background: The following section is part of a Terms of Use statement. The rights that ...
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95 views

Would I be violating terms of service if I asked for permission but got no reply?

I created a Python API wrapper for a service, which I want to release as an open source python package if possible but not necessarily, the main issue is that I have a small python project where I ...
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56 views

Are software licenses copyrighted?

If someone wanted to 'fork' a private company's license, could they legally do so? That is to say, if, for instance, the company Grammarly found that significant portions of the company Evernote's ...
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55 views

Can a company selectively allow violations of their Terms of Service?

https://venturebeat.com/2018/12/28/netflix-permanently-pulls-itunes-billing-for-new-users/ Unless iTunes shuts down the Netflix app they will be selectively permitting one of their vendors to ...
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Any Terms of Service deemed invalid due to excessive length?

I don't know any people who read TOS. I don't know any people who know people who read TOS. The only people I know who do read TOS are people on the internet, lawyers and the like. Quote from news "...
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73 views

Denying admission to students

I am familiar with the fact that many theaters display the message 'Management reserves the right of admission' or something similar. Today, our pre-board mock tests (Class 10) ended, and me and my ...
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Can Mobile App Terms of Use contain General liability release?

The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility. Definition(s): '...
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43 views

Using images from Instagram on my e-commerce website

We are in the process of making an e-commerce website selling our own established brand of makeup. However we would like to use the instagram API to fetch images that use a specific hashtag like #...
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Uploading to YouTube from 3rd party website

We are planning on starting a website that gives uploaders a service for their videos. The users upload their video to the site, and the site is ranking their videos, letting them have a community ...
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Is it legal to require user to agree to something outside the scope of the service that terms and conditions are supposed to cover?

Context: I tried to set up auto payments for my first mortgage loan in the US and I was a bit puzzled with terms and conditions (TOS) that were offered to me. If my interpretation is correct, TOS ...

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