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OpenSea
· OpenSea Privacy Policy
The policy states that all account information except email address is publicly visible on OpenSea, and acknowledges that publicly posted content may persist on third-party sites even after removal from OpenSea....
Why it matters: This provision establishes that the scope of public disclosure for account data is broad, covering all account information except email address, and the policy explicitly notes that removal from OpenSea does not guarantee removal from other locations on the internet. This has direct implications for data deletion requests and the practical scope of user control over personal information....
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OpenSea
· OpenSea Privacy Policy
The policy states that OpenSea makes blockchain activity data, including purchases, sales, and transfers, available to external websites and applications via API as part of service delivery....
Why it matters: This provision authorizes disclosure of blockchain transaction data to third-party websites and applications beyond the OpenSea platform. The legal basis asserted is contract performance, which may require evaluation under GDPR purpose limitation and data minimization principles depending on the scope and nature of data exposed....
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OpenSea
· OpenSea Privacy Policy
The policy states that international transfers of personal data from the EEA, UK, and Switzerland rely on EU Standard Contractual Clauses and the UK International Data Transfer Agreement or Addendum as the legal transfer mechanism....
Why it matters: This provision establishes the legal basis for cross-border data transfers to the United States and other third countries, which is a compliance-critical requirement under GDPR and UK GDPR. The policy offers to provide a copy of these instruments upon request, which is an operationally relevant disclosure for data subjects and institutional compliance teams....
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OpenSea
· OpenSea Privacy Policy
The policy states that OpenSea may retain personal information after a deletion request if retention is reasonably necessary for legal compliance, dispute resolution, fraud prevention, Terms enforcement, or protection of legal rights....
Why it matters: This provision establishes retention exceptions that may limit the practical scope of deletion requests submitted under GDPR, CCPA, or other applicable privacy laws. The grounds cited are broad and include business interest categories alongside legal obligation, which may require evaluation under applicable law....
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OpenSea
· OpenSea Privacy Policy
The policy states that OpenSea engages Google and Amplitude as third-party analytics providers that collect Usage Information via cookies, Pixel Tags, and similar technologies on OpenSea's behalf, with their use of that data governed by their own terms and policies....
Why it matters: This provision discloses that third-party analytics providers collect behavioral data directly from users via their own tracking technologies, with data use governed by the providers' own terms rather than solely by OpenSea's policy. This arrangement may require evaluation under GDPR joint controller or processor frameworks depending on the nature of the data flows....
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OpenSea
· OpenSea Privacy Policy
The policy states that OpenSea does not intentionally collect data from users under 13 (or 16 in the EEA/UK) and requires all users to be at least 18, while permitting supervised use of a parent or guardian's account for users aged 13-17 (or 16-17 in the EEA/UK)....
Why it matters: This provision establishes age thresholds for data collection and platform access that engage COPPA (U.S.), GDPR Article 8 (EEA/UK digital age of consent), and OpenSea's own Terms of Service. The policy creates a layered age framework with different thresholds for different jurisdictions, which compliance teams should assess for consistency and adequacy....
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OpenSea
· OpenSea Privacy Policy
The policy states that OpenSea may disclose personal information to law enforcement or in legal proceedings regardless of user privacy choices, when it believes in good faith that such disclosure is necessary for legal compliance, self-protection, or violation prevention....
Why it matters: This provision establishes that user privacy preferences do not limit OpenSea's authority to disclose information in response to legal process or in its good faith assessment of necessity. The breadth of the 'protect or defend the rights or property of OpenSea' and 'potential violation' grounds may extend beyond responses to formal legal process....
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OpenSea
· OpenSea Privacy Policy
The policy states that personal information may be shared or transferred to third parties during merger, acquisition, financing, dissolution, bankruptcy, or receivership proceedings, and that an acquiring company will assume OpenSea's privacy rights and obligations....
Why it matters: This provision authorizes disclosure of personal information during corporate transaction negotiations as well as full transfer in the event of acquisition or insolvency. The policy asserts that an acquiring entity assumes the rights and obligations of the current privacy policy, though regulatory frameworks may impose additional requirements on such transfers depending on jurisdiction....
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Writer
· Writer Trust Center
The document states that Writer does not use customer data, user inputs, or AI-generated outputs for model training, and that customers retain control over how their data is used....
Why it matters: This provision establishes a foundational commitment regarding the use of enterprise customer data submitted to the platform, which is a material consideration in enterprise vendor selection and procurement due diligence. The commitment is referenced alongside a separate Data Processing Agreement, which would contain the contractual and remedial terms governing enforcement of this restriction....
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Writer
· Writer Trust Center
The document asserts that customers retain ownership of all data submitted to Writer, including uploaded files, AI inputs, and AI-generated outputs....
Why it matters: This provision asserts customer ownership of AI-generated outputs, which is a legally complex area given ongoing regulatory and judicial uncertainty about ownership of AI-generated content. The assertion in this document should be evaluated against the contractual terms in the Data Processing Agreement and applicable intellectual property law in relevant jurisdictions....
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Writer
· Writer Trust Center
The document states that Writer stores customer data, AI inputs, and outputs only for the duration necessary to support platform use, with no retention beyond that operational need....
Why it matters: This provision describes Writer's data retention practice as operationally limited to platform functionality requirements. The document also states that customers can configure automated data deletion schedules, giving enterprise customers a mechanism to manage retention periods within their organizational requirements....
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Writer
· Writer Trust Center
The document discloses that advertising partners may place targeting cookies on the Writer public website, which are used to build interest profiles and deliver targeted advertising on external sites, with a browser and device identifier as the tracking mechanism....
Why it matters: This provision discloses that third-party advertising partners, not only Writer, may place tracking technologies on the public website. The cookie consent interface provides an opt-out mechanism for targeting cookies under applicable U.S. law, and the interface includes a rejection option for all non-essential cookies....
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Writer
· Writer Trust Center
The document states that Writer is committed to EU AI Act compliance but describes its current posture as one of ongoing evaluation of obligations rather than confirmed full compliance....
Why it matters: This provision discloses that Writer's EU AI Act compliance posture is not yet finalized, which is a material consideration for EU-based enterprise customers assessing vendor obligations under that regulation. Enterprise customers subject to the EU AI Act as deployers of AI systems should evaluate what obligations Writer's evolving compliance posture may place on their own compliance programs....
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Upwork
· Upwork Privacy Policy
Section 14 of the User Agreement establishes mandatory individual arbitration for claims brought against Upwork in the United States and includes a class action and jury trial waiver; users have a stated opportunity to opt out of arbitration as described in Section 14....
Why it matters: This provision requires US-based users to resolve disputes with Upwork through individual arbitration rather than court proceedings, and the class action waiver requires disputes to proceed individually rather than collectively; the opt-out mechanism described in Section 14 is the operative path for users who wish to preserve access to court proceedings....
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Upwork
· Upwork Privacy Policy
The agreement requires users to submit to identity and location verification at registration and periodically thereafter, including through provision of government-issued identity documents and validation against third-party databases, with users authorizing Upwork and its third-party vendors to conduct these inquiries....
Why it matters: This provision authorizes Upwork and third-party verification vendors to access and process government-issued identity documents and financial account information, creating data flows to external vendors that may engage data protection obligations under GDPR, UK GDPR, and applicable US state laws, and that require assessment of those vendors' data handling practices....
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Upwork
· Upwork Privacy Policy
The agreement requires users who have entered a service contract through Upwork to use the platform exclusively for invoicing and payment related to that contract, prohibiting off-platform payment arrangements for engagements that originated on Upwork....
Why it matters: This provision establishes a contractual obligation to route payments through Upwork's escrow system for any engagement that originated on the platform, with Section 7 describing opt-out mechanisms and associated conversion fees for users who wish to move relationships off-platform....
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Upwork
· Upwork Privacy Policy
The agreement includes a provision stating that funds deposited into escrow are not returnable and that chargebacks are not permitted, with specific conditions governing when and how funds may be released as described in the applicable escrow instructions....
Why it matters: This provision restricts the standard chargeback right that consumers and businesses typically have through payment card networks, and users should evaluate the escrow dispute resolution process as the operative mechanism for payment disputes on the platform....
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Upwork
· Upwork Privacy Policy
The agreement includes a limitation of liability provision that caps or excludes Upwork's financial liability to users for damages arising from use of the platform, with specific terms described in Section 10....
Why it matters: Limitation of liability provisions define the maximum financial exposure Upwork assumes for platform-related harms, which is operationally significant for freelancers and clients who may suffer financial losses from account suspension, payment disputes, or platform errors....
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Upwork
· Upwork Privacy Policy
The agreement establishes that users consent to Upwork publishing individual and composite feedback about them, including job success scores and user ratings, to other users and the public, and that Upwork reserves the right to remove feedback that violates its terms or is inconsistent with its business interests....
Why it matters: This provision authorizes Upwork to aggregate and publish reputational data about individual users, including composite scores derived from multiple user interactions, and reserves Upwork's discretion to remove feedback based on its own business interests assessment, which is an operational factor affecting how freelancer and client reputations are managed on the platform....
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Upwork
· Upwork Privacy Policy
The agreement includes provisions governing account termination, the handling of account data following closure, and which contractual obligations survive termination, with specific terms described in Sections 13.1 through 13.3....
Why it matters: Termination and data retention provisions govern what happens to a user's data and contractual obligations after account closure, which is operationally significant for freelancers and clients who may wish to close accounts while preserving access to historical payment records or work history....
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StockX
· StockX Terms of Use
The agreement authorizes StockX to modify the terms at any time at its discretion, with continued use of the services constituting acceptance of the revised terms. Users who disagree with changes must delete their accounts and cease using the services....
Why it matters: This provision establishes that StockX may revise the governing terms at any time with notice delivered by email or other means, and that continued platform use operates as contractual acceptance of the updated terms. The provision also incorporates FAQs and policies by reference, meaning changes to those documents are similarly subject to this mechanism....
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StockX
· StockX Terms of Use
Accepted returns for Verified Marketplace purchases result in non-cash StockX Credit rather than monetary refunds; the credit is non-transferable, expires twelve months after issuance, cannot be redeemed for cash, and may be forfeited if the user's account is suspended before expiration....
Why it matters: This provision establishes that accepted returns do not result in monetary refunds but in platform-specific credit subject to expiration, transferability restrictions, and forfeiture conditions tied to account status. Applicability depends on applicable consumer protection and refund laws by jurisdiction, which may require cash refunds in certain circumstances regardless of what the agreement states....
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StockX
· StockX Terms of Use
The terms explicitly extend the definition of 'you' to include bots, APIs, AI tools, large language model-based tools, buy-for-me agents, and other automated software acting on behalf of users or businesses, making users and businesses responsible for all actions taken by those automated tools....
Why it matters: This provision extends contractual liability under the terms to all automated tools accessing the platform on a user's or business's behalf, including AI agents and buy-for-me tools. Organizations deploying automated purchasing or selling tools on StockX are contractually responsible for those tools' compliance with the terms....
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StockX
· StockX Terms of Use
The agreement requires users to provide tax information to StockX, authorizes disclosure of that information to tax authorities and governmental bodies as required by law, and states that failure to provide tax information may result in enforcement actions including account suspension....
Why it matters: This provision establishes a tax information collection and disclosure obligation applicable to users receiving payments through the platform, with non-compliance subject to enforcement actions. The disclosure is stated to occur in compliance with applicable law and the Privacy Policy....
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StockX
· StockX Terms of Use
StockX may reject any item submitted for verification at any time for any reason, without providing a reason, and may dispose of or deliver to law enforcement any item suspected of being counterfeit or unlawful, with return shipping at the seller's expense and no liability to StockX for such actions....
Why it matters: This provision establishes that StockX may reject, dispose of, or turn over to law enforcement any submitted item at its sole discretion without liability, and that return shipping for rejected items is charged to the seller. The no-liability clause covers all parties including buyers and sellers....
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StockX
· StockX Terms of Use
The services are intended for users 18 and older; minors may use the services only with parental consent, and parents or guardians who permit minors to use the services accept joint and several financial liability for all of the minor's transactions and obligations. Minors are prohibited from acting as sellers or live sellers....
Why it matters: This provision establishes that parents or guardians permitting minors to use StockX are jointly and severally liable for all financial obligations arising from the minor's use, including transaction costs and enforcement action fees. The prohibition on minors acting as sellers is a separate operational restriction....
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Whatnot
· Whatnot Terms of Service
Sellers who cancel orders for reasons not expressly permitted by Whatnot are subject to a cancellation charge equal to the greater of a flat currency amount ($3 USD or equivalent) or 3% of the total order value, which Whatnot may deduct directly from seller balances or payouts....
Why it matters: This provision authorizes Whatnot to deduct cancellation charges directly from seller payouts without requiring a separate billing action, and the document explicitly characterizes the charge as liquidated damages rather than a service fee, which has distinct legal implications for enforceability and challenge under applicable contract law....
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Whatnot
· Whatnot Terms of Service
The agreement grants Whatnot a royalty-free license to use, reproduce, modify, and distribute user-generated content, including livestream recordings, images, and other submissions, for platform operation and promotional purposes without additional compensation to the user....
Why it matters: This provision authorizes Whatnot to use seller and buyer-generated content, including livestream recordings and product images, for commercial promotional purposes without revenue sharing or separate compensation, which has direct implications for creators and sellers who generate commercially valuable content on the platform....
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Whatnot
· Whatnot Terms of Service
Whatnot reserves the right to change or discontinue any part of the App at any time without notice, and may terminate seller accounts for delinquent payments without issuing a refund, with account reactivation conditioned on satisfaction of outstanding debts....
Why it matters: This provision establishes that platform access and account standing are subject to unilateral modification or termination by Whatnot at sole discretion, which creates operational dependency risk for sellers whose business activities rely on continued platform access....
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Whatnot
· Whatnot Terms of Service
Users aged 13-17 may access the App only through an account created by and registered to a parent or legal guardian, with all account information belonging to the adult, and only with active permission and supervision of that adult....
Why it matters: This provision establishes that minor users access the platform through adult accounts rather than separate minor-designated accounts, which creates a structural dependency on parental oversight mechanisms rather than platform-level age verification or segregated minor account controls....
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Whatnot
· Whatnot Terms of Service
Each seller appoints Whatnot as a limited payment collection agent authorized to receive, hold, and settle payments on the seller's behalf, with payment to Whatnot by a buyer constituting payment to the seller under this agency structure....
Why it matters: This provision establishes the legal basis under which Whatnot collects and disburses transaction proceeds on behalf of sellers, and determines when a buyer's payment obligation is satisfied; understanding this structure is relevant to seller payout disputes and buyer refund entitlements....
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Whatnot
· Whatnot Terms of Service
Canadian sellers registered for GST/HST or QST who continue to use the App after July 13, 2023, are deemed to have entered into a billing agent election under the Excise Tax Act, authorizing Whatnot to calculate and remit applicable taxes on their behalf, with both parties jointly and severally liable for certain tax obligations....
Why it matters: This provision deems continued platform use by registered Canadian sellers as consent to a formal tax election under federal and Quebec provincial legislation, with joint and several liability for GST/HST and QST obligations, creating a significant compliance obligation for Canadian seller businesses....
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Whatnot
· Whatnot Terms of Service
Sellers bear full responsibility for the accuracy of item descriptions and condition representations, with inaccuracies subject to Whatnot-imposed penalties at sole discretion, and Whatnot may transfer suspected counterfeit or stolen items to authorities at seller expense without a return obligation....
Why it matters: This provision authorizes Whatnot to impose unspecified penalties for item description inaccuracies and to transfer suspected counterfeit goods to authorities without returning items to sellers, with all associated costs borne by the seller, creating direct financial and legal exposure for sellers whose listings are found to be inaccurate....
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OpenSea
· OpenSea Terms of Service
Users grant OpenSea a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content they post or associate with the Platform, including NFT metadata, for current and future business purposes....
Why it matters: This provision grants OpenSea ongoing IP rights over all user-submitted content, including NFT metadata and associated digital files, for an undefined scope of future business purposes. The sublicensable nature of the license means OpenSea may extend these rights to third parties without additional user consent....
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OpenSea
· OpenSea Terms of Service
OpenSea reserves the right to modify, suspend, or terminate the Rewards Program at any time without notice, including retroactively adjusting or eliminating previously accumulated Points, Treasure Chests, and associated content, which the agreement explicitly states have no cash value and do not constitute compensation....
Why it matters: This provision establishes that accumulated Points, Treasure Chests, and Treasure Chest Content carry no vested rights, no guaranteed redemption value, and may be modified, clawed back, or eliminated by OpenSea at any time. The agreement expressly states these items are not currency, assets, or property rights....
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OpenSea
· OpenSea Terms of Service
Users represent and warrant that they are not located in, resident in, or organized under the laws of a U.S.-sanctioned country, are not subject to government or UN sanctions, and are not owned or controlled by sanctioned persons or entities, and these representations must remain true for the duration of Platform use....
Why it matters: This provision places affirmative compliance representations on users regarding OFAC sanctions status, extending to indirect ownership, control, and transaction counterparties. The agreement states that these representations must remain continuously true throughout the user's Platform engagement, and OpenSea reserves the right to restrict or disable Accounts for failure to provide compliance documentation....
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OpenSea
· OpenSea Terms of Service
Developers using the OpenSea API agree to provide OpenSea with equivalent reciprocal access to their own data through their APIs or developer tools, to the extent such tools exist....
Why it matters: This provision creates a contractual data access obligation running from API developers back to OpenSea, requiring equivalent reciprocal access to the developer's own data infrastructure. The scope of 'equivalent levels of access' is not defined with specificity, which creates interpretive uncertainty for commercial API integrators....
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OpenSea
· OpenSea Terms of Service
OpenSea reserves the right to modify, suspend, or permanently discontinue the Platform or any features, including the API, at any time without notice and without incurring liability, and may disable user Accounts and reassign usernames and URLs at its discretion....
Why it matters: This provision authorizes OpenSea to terminate Platform access, disable Accounts, or discontinue features including the API at any time without prior notice or liability. For API developers and businesses with operational dependencies on the Platform, this creates continuity risk that is not mitigated by any stated notice requirement....
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OpenSea
· OpenSea Terms of Service
Users agree to indemnify, defend, and hold harmless OpenSea and its affiliates from all claims, damages, losses, liabilities, and legal fees arising from their Platform use, content, NFT interactions, third-party disputes, and any breach of the Terms or applicable laws....
Why it matters: This provision places broad indemnification obligations on users, extending to all claims arising from Platform use including third-party NFT ownership disputes and content-related claims, and requires users to cover OpenSea's legal fees. OpenSea reserves the right to assume exclusive control of defense and settlement of any such claims....
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OpenSea
· OpenSea Terms of Service
Users are solely responsible for all tax obligations arising from NFT transactions, token swaps, and Rewards Program participation on the Platform, and agree to indemnify OpenSea for any related tax liabilities, as OpenSea does not provide tax advice or determine taxability....
Why it matters: This provision places all tax determination, withholding, reporting, and remittance obligations on users, including for Rewards Program benefits whose taxability may be uncertain under applicable tax law, and extends the indemnification obligation to cover any tax-related claims against OpenSea arising from user activity....
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OpenSea
· OpenSea Terms of Service
OpenSea disclaims all express and implied warranties and accepts no liability for user losses arising from user errors, server failures, phishing, blockchain transaction finality, or third-party attacks, with all Platform use at the user's sole risk....
Why it matters: This provision establishes a broad as-is, as-available disclaimer covering all Platform use, explicitly excluding liability for irreversible blockchain transactions, phishing attacks, and user errors. The practical financial risk of irreversible on-chain transactions and third-party attacks is allocated entirely to users under these terms....
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Thomson Reuters
· Thomson Reuters Terms
The agreement states that any use of the Thomson Reuters website constitutes acceptance of the terms, and that Thomson Reuters may amend the terms at any time by posting updated terms to the site, without direct notification to users....
Why it matters: This provision establishes a browsewrap consent mechanism under which continued site use binds users to both current and future versions of the terms. The unilateral amendment clause reserves Thomson Reuters' right to modify the terms without affirmative re-consent, which may require evaluation under applicable consumer protection and data protection frameworks, particularly for EU-based users under GDPR....
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Thomson Reuters
· Thomson Reuters Terms
The agreement grants users only a limited, personal, non-commercial license to access the site, prohibiting reproduction, commercial exploitation, framing, and use of hidden text incorporating Thomson Reuters marks without express written consent. Unauthorized use automatically terminates the license....
Why it matters: This provision establishes the outer boundary of permissible use for all site visitors, including developers, researchers, competitors, and commercial partners, and states that unauthorized commercial use results in automatic license termination without further notice....
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Thomson Reuters
· Thomson Reuters Terms
The document's footer references a link permitting users to opt out of the sale or sharing of personal information and to limit the use of sensitive personal information, consistent with California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) requirements....
Why it matters: This provision indicates that Thomson Reuters has implemented a California-required opt-out mechanism for the sale or sharing of personal information collected through the site, and extends the opt-out to cover sensitive personal information use limitations as required by the CPRA. The full scope of data practices to which this opt-out applies is not disclosed within this document and requires review of the separately linked Privacy Statement....
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Upwork
· Upwork Terms of Service
Section 7 prohibits clients and freelancers who have been introduced through Upwork from conducting direct payment transactions outside the Upwork platform during the term of a service contract and for a defined period thereafter, subject to a Conversion Fee for those who elect to take the relationship off-platform....
Why it matters: This provision establishes a contractual restriction on direct business relationships between clients and freelancers who first connected through Upwork, and provides a financial mechanism (the Conversion Fee) as an alternative to maintaining all transactions on-platform. Enterprises engaging freelancers through Upwork should evaluate the financial and operational implications of this obligation if they seek to establish direct employment or contractor relationships....
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Upwork
· Upwork Terms of Service
The agreement establishes that Payment Escrow deducts Upwork's service fee directly from the freelancer's escrow account before disbursing the remaining balance to the freelancer, pursuant to an irrevocable authorization granted by the freelancer in this agreement....
Why it matters: This provision establishes an irrevocable payment instruction authorizing automatic deduction of service fees from freelancer funds held in escrow, meaning freelancers cannot revoke this payment authorization independently of the agreement. The fee amounts and applicable rates are governed by the separately incorporated Fee and ACH Authorization Agreement....
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Upwork
· Upwork Terms of Service
The agreement authorizes Upwork to suspend or terminate accounts for providing false, inaccurate, or incomplete profile information, among other grounds. The agreement also specifies that certain provisions survive account termination, including the AI content license for pre-termination content....
Why it matters: The termination provisions establish that Upwork reserves the right to suspend or close accounts on grounds including inaccurate profile information, and that certain contractual obligations including the AI training license persist after termination for content exchanged prior to account closure....
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Upwork
· Upwork Terms of Service
Section 10 establishes limitations on Upwork's liability to users, though the full text of this section was not completely reproduced in the available document excerpt. Limitation of liability provisions in platform agreements typically cap recoverable damages and exclude certain categories of indirect or consequential losses....
Why it matters: Limitation of liability clauses define the maximum financial exposure Upwork bears to users for platform-related claims, which is operationally significant for enterprises relying on the platform for high-value project delivery and payment processing....
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Upwork
· Upwork Terms of Service
Section 6.5 establishes that funds processed through the escrow system are not subject to return or chargeback, though the full provision text was not completely reproduced in the available document excerpt....
Why it matters: A no-chargeback provision in a payment processing context limits users' ability to recover funds through their payment provider after funds have been deposited into the escrow system, which has operational significance for clients making project payments and for freelancers receiving disbursements....
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Upwork
· Upwork Terms of Service
The agreement authorizes Upwork to conduct identity and location verification at registration and periodically thereafter, including through third-party database checks and review of government-issued documents, and to verify ownership of business, email, and financial accounts....
Why it matters: This provision authorizes ongoing third-party identity verification inquiries that may include checks against external databases and review of government documents, with the scope of inquiries described as any inquiries necessary to validate identity, location, and account ownership. This authorization applies at registration and at periodic intervals thereafter....