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Additional supplemental terms govern specific Meta products and use cases, including Commercial Terms for business use, Music Guidelines for music content, Avatar Terms, and Meta AI Terms for generative AI features. Where supplemental terms conflict with the base Terms of Service, the supplemental terms take precedence.
This analysis describes what Meta's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision creates a layered contractual structure in which supplemental terms are automatically incorporated based on product usage, with those terms superseding the base agreement in cases of conflict. Users engaging in commercial, advertising, developer, or AI-related activities are subject to additional contractual obligations beyond the base terms without a separate explicit acceptance step beyond commencing that usage.
The updated terms establish a jurisdictional change for consumers. Previously, all disputes had to be resolved in California courts; now, if you are a consumer or if your country requires it, disputes must be resolved in courts within your home country under your home country's laws. For Meta's own claims against you, the agreement still requires disputes to proceed exclusively in California courts. The revised terms also now require Meta to notify you at least 30 days in advance before making changes to these Terms, and you will have the opportunity to review them before they take effect, unless changes are required by law.
View change record →Under this clause, users who access specific Meta products or engage in specified activities including advertising, app development, music content sharing, avatar use, or AI feature use are automatically subject to supplemental terms that form part of their agreement with Meta. Where those supplemental terms conflict with the base Terms of Service, the supplemental terms govern.
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"Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. If you use Avatars, then the Avatar Terms also apply. If you use our AI products and features, the Meta AI Terms also apply. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.Excerpt from Meta's Terms of Service
1) REGULATORY LANDSCAPE: The Meta AI Terms referenced here may engage the EU AI Act as it applies to generative AI systems, enforced by national market surveillance authorities. Commercial Terms for advertising and platform use may implicate additional consumer protection, data protection, and advertising regulatory frameworks. The FTC Act is relevant to the transparency and adequacy of notice for incorporated terms that materially affect consumer or business obligations. 2) GOVERNANCE EXPOSURE: Medium. The use-based automatic incorporation of supplemental terms, including the Meta AI Terms which govern generative AI features, means that users may become subject to additional obligations and permissions without a discrete acceptance event. The priority of supplemental terms over the base agreement in conflict situations means the effective terms governing specific product uses may differ materially from the base Terms of Service. 3) JURISDICTION FLAGS: EU users engaging with Meta's AI products and features should evaluate whether the Meta AI Terms satisfy disclosure and consent requirements under the EU AI Act and GDPR. Business users in all jurisdictions should review the Commercial Terms, which govern advertising and developer activities, for jurisdiction-specific compliance implications. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams and legal counsel reviewing Meta's contractual framework should obtain and review all potentially applicable supplemental terms for their organization's specific use cases, as the effective agreement is a composite of the base terms and all triggered supplemental terms. The conflict-resolution priority rule means supplemental terms may override user protections or obligations stated in the base agreement. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should maintain a current map of which supplemental terms apply to their organization's Meta product usage and monitor those supplemental terms for updates. The Meta AI Terms in particular warrant review for organizations using or integrating Meta's generative AI features, given evolving regulatory requirements applicable to AI systems.
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This provision creates a layered contractual structure in which supplemental terms are automatically incorporated based on product usage, with those terms superseding the base agreement in cases of conflict. Users engaging in commercial, advertising, developer, or AI-related activities are subject to additional contractual obligations beyond the base terms without a separate explicit acceptance step beyond commencing that usage.
Under this clause, users who access specific Meta products or engage in specified activities including advertising, app development, music content sharing, avatar use, or AI feature use are automatically subject to supplemental terms that form part of their agreement with Meta. Where those supplemental terms conflict with the base Terms of Service, the supplemental terms govern.
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