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Replit
· Replit Privacy Policy
The policy states that Replit retains data based on service type, relationship length, legal requirements, and applicable statutes of limitations, and commits to deleting account data within 30 days of an account deletion request, with the option to maintain data in de-identified form....
Why it matters: This provision establishes a 30-day deletion timeline for account data, which is a concrete operational commitment, while also preserving Replit's right to retain data for fraud prevention, backups, legal obligations, archiving, and analytics, and to maintain data in de-identified form under the separate de-identification provision....
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Replit
· Replit Privacy Policy
The policy provides jurisdiction-specific rights sections for California, Colorado, Connecticut, Iowa, Utah, and Virginia residents, with rights including access, deletion, correction, profiling opt-out, and appeals varying by state. Replit states it does not sell personal information as defined under any of the applicable state laws....
Why it matters: This provision documents Replit's stated compliance with six US state privacy frameworks and establishes the specific procedural mechanisms, including email to privacy@replit.com and account settings, through which users in each state may exercise their rights. The profiling opt-out right, available to California, Colorado, Connecticut, Virginia, and Iowa residents, is operationally significant for users concerned about automated processing of their behavioral data....
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Poshmark
· Poshmark Privacy Policy
By posting content on Poshmark, users grant the company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, distribute, and sublicense that content for operating the service and for promotional and marketing purposes across any medium, including third-party platforms such as Facebook, Twitter, and Instagram. This license does not expire upon account closure....
Why it matters: This provision establishes that Poshmark and its affiliates retain ongoing rights to user-posted content for marketing and promotional purposes indefinitely, including after account deletion, across any current or future medium or technology. Compliance and legal teams should evaluate whether this perpetual license interacts with data subject deletion rights asserted under the CCPA or GDPR, as the tension between intellectual property licensing and privacy deletion rights may require jurisdiction-specific legal analysis....
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Poshmark
· Poshmark Privacy Policy
The terms require that most disputes between users and Poshmark be resolved through binding individual arbitration rather than court proceedings, and prohibit class arbitration, class actions, and representative proceedings. A 60-day informal resolution process is a condition precedent to initiating arbitration....
Why it matters: This provision requires disputes to proceed through individual arbitration, which is a separate procedural pathway from court litigation. The clause prohibits class actions, meaning users must resolve claims individually. A 60-day informal resolution period, including a mandatory video conference if requested, is established as a condition that must be satisfied before arbitration may be initiated....
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Poshmark
· Poshmark Privacy Policy
The agreement caps Poshmark's total liability to any user at the greater of $100 or the fees the user paid as a seller in the six months preceding the claim, with exceptions for gross negligence, fraud, and intentional misconduct....
Why it matters: This provision establishes a ceiling on Poshmark's financial exposure to individual users, limiting recovery to $100 or six months of seller fees paid, whichever is greater. The clause excludes gross negligence, fraud, and intentional misconduct from this cap, and notes that limitations that cannot be excluded by applicable law are preserved....
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Poshmark
· Poshmark Privacy Policy
The terms limit the period within which users may bring claims against Poshmark to 12 months from the date the cause of action arises, which is shorter than the default statute of limitations applicable to many contract and consumer protection claims under state law....
Why it matters: This provision contractually shortens the window for users to assert claims against Poshmark, which may be shorter than the statutory limitations period under applicable state law. The clause includes a savings provision for jurisdictions where such contractual shortening is prohibited....
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Poshmark
· Poshmark Privacy Policy
Poshmark reserves the right to change or discontinue any fees for the service at any time, without advance notice, at its sole discretion, with changes taking effect upon revision of the Fee Policy....
Why it matters: This provision authorizes fee changes to take effect without prior notice to users, with the sole condition being that the Fee Policy is revised. Sellers and buyers conducting ongoing transactions on the platform are subject to fee structures that may change without advance notification....
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Poshmark
· Poshmark Privacy Policy
Any feedback, suggestions, or ideas submitted by users to Poshmark are treated as non-confidential and non-proprietary, and Poshmark may use this information for any commercial or other purpose without compensating or crediting the user....
Why it matters: This provision establishes that user-submitted feedback is not treated as confidential or proprietary, and authorizes Poshmark to use, disseminate, and commercialize such feedback without restriction, acknowledgment, or compensation. Users retain no proprietary claim to feedback submitted through the service....
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Poshmark
· Poshmark Privacy Policy
Poshmark reserves the right to terminate user accounts, preserve account information for investigative purposes, and take other enforcement actions at its sole discretion, including for violations of the acceptable use provisions....
Why it matters: This provision establishes that Poshmark may terminate accounts and preserve associated data without specifying a notice requirement or appeal process within this section of the terms. Enforcement is characterized as solely within Poshmark's discretion, with non-enforcement in one instance not constituting a waiver....
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Poshmark
· Poshmark Privacy Policy
Users are responsible for keeping payment account information current to receive redeemable funds. After the statutory dormancy period, unclaimed funds will be escheated to government authorities, and Poshmark may charge a dormancy fee where permitted by applicable law....
Why it matters: This provision establishes that unclaimed seller earnings or credits will be escheated to government authorities following the applicable statutory dormancy period, and that a dormancy fee may be assessed before escheatment where permitted by law. Users who do not maintain current payment information are at risk of losing access to redeemable balances....
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Poshmark
· Poshmark Privacy Policy
The terms establish that all purchases are final, with returns, refunds, and cancellations permitted only in three specific circumstances: cancellation within three hours of purchase by the buyer, cancellation by Poshmark or the seller under permitted circumstances, or where the listing explicitly stated returns were available....
Why it matters: This provision establishes a default no-refund and no-return policy, limiting buyer remedies to three enumerated exceptions. The three-hour cancellation window and seller- or Poshmark-authorized cancellations are the primary buyer-initiated remedy pathways under these terms....
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Poshmark
· Poshmark Privacy Policy
Users agree to indemnify Poshmark and its affiliates for legal claims, damages, and attorney fees arising from their use of the service, content posted, breaches of the agreement, or violations of law. California residents waive Civil Code Section 1542, which otherwise limits the scope of general releases to known claims....
Why it matters: This provision requires users to defend and indemnify Poshmark for a broad range of claims, including those arising from user content, service use, and third-party rights violations. The explicit waiver of California Civil Code Section 1542 for California residents extends the release to claims the user may not have known about at the time of agreeing to the terms....
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Google Gemini
· Gemini Apps Privacy Notice
A subset of user chats, along with associated language, device type, location, and feedback data, are reviewed by human reviewers including trained third-party service providers, and retained for up to three years regardless of whether the user deletes their Gemini Apps activity. Reviewed chats are disconnected from the user's Google account before being sent to service providers....
Why it matters: This provision establishes a retention mechanism for human-reviewed chat data that operates independently of the user's deletion controls in Gemini Apps Activity, meaning user-initiated deletion of activity does not trigger deletion of this data subset. Compliance teams should assess whether this retention architecture satisfies GDPR and UK GDPR erasure request obligations, particularly given that the three-year retention period applies to data that includes location information, device type, and feedback alongside chat content....
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Google Gemini
· Gemini Apps Privacy Notice
When the Keep Activity setting is on, Google uses saved chats, uploaded files, videos, screens, photos, audio, Gemini Live recordings, feedback, website visit information, and location data to train generative AI models. Turning off Keep Activity prevents future chats from being used for AI model training unless the user submits feedback....
Why it matters: This provision establishes that a broad range of data categories, including screen content, audio recordings, and uploaded files, are used for generative AI model training when Keep Activity is enabled, and that the default auto-delete period is 18 months. The notice discloses that even with Keep Activity off, feedback submissions trigger collection and use of the preceding 24 hours of chat context for model improvement purposes....
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Google Gemini
· Gemini Apps Privacy Notice
Google explicitly states it does not monitor or secure data from custom third-party Connected Apps, including Model Context Protocol server tools, and advises that connecting such apps may expose user data, passwords, devices, and accounts to unauthorized access. Data shared by Gemini with third-party Connected Apps is governed solely by those apps' own privacy policies, and deletion of Gemini Apps activity does not trigger deletion of data those apps have already received....
Why it matters: This provision explicitly disclaims Google's responsibility for monitoring or securing data flows to custom third-party Connected Apps, and discloses a specific risk of unauthorized access to user data, passwords, devices, and accounts. Compliance teams should note that this creates a data flow architecture where personal data processed by Gemini, potentially including sensitive categories, may be transmitted to third-party services outside Google's data governance framework without user deletion rights propagating to those services....
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Google Gemini
· Gemini Apps Privacy Notice
When a user interacts with a Canvas app created by another user, the app creator can view all data the user shares and can save it to any location of the creator's choosing, including outside Google's infrastructure. Data saved with the app is viewable and editable by anyone with the public link....
Why it matters: This provision establishes that user data shared within Canvas apps is accessible to the app creator and potentially to any public link holder, with no restriction on where the creator may store that data. Compliance teams should note that this creates a data flow to third-party individuals outside Google's data governance framework, with no stated limitations on the creator's use or retention of that data....
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Google Gemini
· Gemini Apps Privacy Notice
The notice states that location data is always collected when a user uses Gemini Apps, using the general area from the IP address or Home or Work addresses by default, with precise location available via device permission or received from other Google services such as Google Maps even when the precise location setting in the Google app is off. Precise location may also be shared with other Google services to fulfill user requests....
Why it matters: This provision establishes that location data collection is a non-optional baseline for Gemini Apps use, and that precise location data may be received from other Google services regardless of the precise location setting in the Google app itself. Compliance teams should note that this creates a location data flow that may not be fully controllable through the Gemini app's own settings alone....
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Google Gemini
· Gemini Apps Privacy Notice
Gemini mobile apps collect system permissions and device data including call and message logs, contacts, installed apps, language preferences, screen content, app context and URLs, and remote browser data including cookies containing website authentication information and screen captures. This data is collected to enable Gemini mobile app functionality....
Why it matters: This provision establishes that Gemini mobile apps access a broad range of on-device data categories, including call and message logs, contacts, screen content, and remote browser cookies containing authentication credentials. The collection of authentication-bearing cookies as part of remote browser functionality is an operationally distinct disclosure that compliance teams and security professionals should note....
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Google Gemini
· Gemini Apps Privacy Notice
Google asserts legitimate interests as the legal basis under GDPR and UK GDPR for processing user Gemini Apps data, including prompts, uploaded content, audio, video, and Connected Apps data, to train generative AI models and develop new machine learning technologies. This basis is applied to data from both publicly accessible sources and user-provided Gemini Apps information....
Why it matters: This provision asserts legitimate interests as the legal basis for AI model training using a broad range of user data categories under EU and UK data protection law, which requires Google to demonstrate that this processing meets the GDPR balancing test. Compliance teams in the EU and UK should note that the breadth of data categories and the commercial nature of AI model development may be subject to regulatory scrutiny regarding whether legitimate interests genuinely outweigh data subject interests in this context....
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Google Gemini
· Gemini Apps Privacy Notice
For users aged 18 or older who upgrade to Gemini Apps, calling and texting history previously saved in Web and App Activity may be imported to Gemini Apps Activity in certain regions, where it is used to improve Gemini Apps features such as contact suggestions....
Why it matters: This provision discloses that an upgrade to Gemini Apps may trigger an import of pre-existing calling and texting history from Web and App Activity into Gemini Apps Activity, where it becomes subject to Gemini Apps data handling terms including potential human review and AI model training use. Compliance teams should note that this creates a retroactive data re-categorization that may affect data previously saved under different processing terms....
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Google Gemini
· Gemini Apps Privacy Notice
The notice states that user settings, including the Keep Activity setting, do not control Google's processing of chat data to create anonymized data for improving Google services. Even when Keep Activity is off, Google uses chats to respond to users and for safety and protection purposes, including with human reviewer assistance....
Why it matters: This provision establishes that the Keep Activity setting does not provide comprehensive control over all chat data processing; specifically, it does not stop the creation of anonymized data for service improvement or safety-related human review. Compliance teams should note that the notice does not specify the anonymization standard applied, which is material to whether this processing falls outside GDPR's scope as truly anonymous data....
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Google Gemini
· Gemini Apps Privacy Notice
The notice acknowledges that under GDPR and certain other privacy laws, users may have the right to object to processing of their personal data and to request correction of inaccurate personal data in Gemini Apps responses, and provides a Help Center request mechanism and an in-app reporting path for exercising these rights....
Why it matters: This provision establishes the mechanism through which EU and UK users may exercise data subject rights including objection to processing and correction of inaccurate data, which are operationally significant given the acknowledged risk of AI hallucination producing inaccurate personal information about individuals. The notice's use of qualified language ('you may have the right') acknowledges that applicability depends on the legal framework and circumstances....
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Twilio
· Twilio Privacy Notice
The notice discloses that Twilio uses customer content, communications usage data, and customer support and feedback data to train AI and ML models for purposes including security, fraud detection, network optimization, and research and development of new features....
Why it matters: This provision authorizes the use of customer content, which the notice defines as including email subject and body, text body, media files, transcripts, recordings, and communications logs, as training data for AI and ML models across multiple stated purposes. The notice does not specify which legal basis applies specifically to AI training on customer content, which may require evaluation under GDPR Article 6 and applicable U.S. state privacy frameworks....
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Twilio
· Twilio Privacy Notice
The notice discloses that Twilio uses automated processing to make real-time decisions on account approvals and account suspensions, and states that affected users will be notified and given an opportunity to request human review of these decisions....
Why it matters: This provision establishes that account access and suspension decisions are made through automated processing and that a human review mechanism is available upon objection. The provision engages GDPR Article 22 and equivalent state-level protections, and the notice specifies the exercise mechanism as contact with privacy@twilio.com or Customer Support....
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Twilio
· Twilio Privacy Notice
The notice states that Twilio may derive aggregated, anonymized, or de-identified data from personal data and use it for any purpose, and may share it with third parties bound by legal or technical obligations to keep it de-identified....
Why it matters: This provision authorizes unrestricted use of data derived from personal data once it has been de-identified or aggregated, subject to a commitment not to re-identify and to share only with parties bound to maintain de-identification. The adequacy of de-identification standards varies across jurisdictions and regulatory frameworks, and the notice does not specify which technical standard is applied....
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Twilio
· Twilio Privacy Notice
The notice states that Twilio and its subsidiary Stytch Inc. are certified under the EU-U.S. DPF, the UK Extension, and the Swiss-U.S. DPF, and that DPF Principles govern in the event of conflict with notice terms. Twilio acknowledges FTC investigatory and enforcement authority....
Why it matters: This provision establishes that DPF Principles take precedence over notice terms in the event of conflict, and that FTC enforcement authority applies to Twilio's data practices. It also names Stytch Inc. as a subsidiary subject to DPF certification, which is operationally significant for enterprise customers using Stytch-powered identity services....
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Twilio
· Twilio Privacy Notice
The notice discloses that Twilio receives telecommunications data from carriers and aggregators including phone type, SIM and carrier history, registration location, account type, and IP address for identity validation purposes, and that these telecommunications service providers function as independent data controllers when processing metadata....
Why it matters: This provision establishes that telecommunications service providers receiving customer data operate as independent data controllers rather than processors, meaning their data handling is governed by their own privacy frameworks rather than Twilio's DPA terms. The telecommunications data categories disclosed include SIM and carrier history and registration location, which are operationally sensitive for identity verification purposes....
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Twilio
· Twilio Privacy Notice
The notice discloses that Twilio uses cookies, pixels, and web beacons for advertising purposes and acknowledges that under some U.S. state laws this activity constitutes sharing or targeted advertising. Users may opt out of advertising cookies at any time via the Cookie Preferences tool or browser settings....
Why it matters: This provision acknowledges that cookie-based advertising activities may constitute sharing or targeted advertising under U.S. state privacy laws including CCPA and CPRA, and provides opt-out mechanisms via the Cookie Preferences tool, browser settings, Global Privacy Control, and ad industry opt-out tools. The notice also discloses that required cookies cannot be opted out of....
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Twilio
· Twilio Privacy Notice
The notice states that personal data is retained as long as necessary for stated purposes and that customer account data is retained as long as needed to provide services and operate the business. Deletion requests are subject to limitations where Twilio has a legal requirement or legitimate interest to retain data....
Why it matters: This provision establishes that Twilio's retention period for customer account data is tied to an operational necessity standard without specifying maximum retention durations, and that deletion requests may be declined where a legal requirement or legitimate interest applies. The notice directs users to the Binding Corporate Rules Controller Policy Rule 10 and Appendix 3 for additional detail on limitations....
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Twilio
· Twilio Privacy Notice
The notice states that Twilio's services are not directed to children under 13 in the U.S. and UK or under 16 in the EEA, and that accounts found to belong to children will be deactivated and data deleted....
Why it matters: This provision sets age thresholds consistent with COPPA in the U.S. and GDPR Article 8 in the EEA, and provides a reporting mechanism for inadvertent collection at privacy@twilio.com. The notice applies a higher threshold of 16 for EEA users, which aligns with the maximum age of digital consent available to EU member states under GDPR....
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Twilio
· Twilio Privacy Notice
The notice establishes a multi-step complaint resolution process including direct contact with Twilio, free third-party dispute resolution through JAMS for DPF-covered practices, and binding arbitration under DPF Annex I conditions. UK complainants must first submit complaints directly to Twilio, which will acknowledge within 30 days, before escalating to the ICO....
Why it matters: This provision establishes that binding arbitration is available under DPF Annex I conditions for unresolved disputes involving DPF-covered data practices, and that UK complainants are required to exhaust Twilio's internal complaint process within a 30-day acknowledgment window before filing with the ICO, consistent with the UK Data (Use and Access) Act. JAMS is named as the free third-party dispute resolution provider....
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Twilio
· Twilio Privacy Notice
The notice discloses that for the Conversational Intelligence service, which transcribes and analyzes voice calls using AI and ML, Twilio processes personal data within voice calls as an independent controller rather than as a data processor acting on customer instructions....
Why it matters: This provision establishes that Twilio assumes independent data controller status for voice call transcription and analysis under the Conversational Intelligence service, which means Twilio determines the purposes and means of processing personal data contained in voice calls rather than acting under customer direction. This structural classification has direct implications for data subject rights allocation and DPA terms between Twilio and its enterprise customers....
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Teachable
· Teachable Terms of Use
Users who submit community Posts grant Teachable a perpetual, irrevocable, royalty-free, worldwide license that includes the right to sublicense to third parties, create derivative works, and distribute Posts for any purpose in any media. This license survives account closure....
Why it matters: This provision establishes a license scope that is materially broader than the User Content license granted for Creator course materials, which is non-exclusive and tied to Teachable Services delivery. The Posts license includes derivative works rights, sublicensing to third parties, and no stated termination right, creating an ongoing intellectual property obligation that persists after account termination....
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Teachable
· Teachable Terms of Use
Teachable may withhold a portion of Creator sales revenue as a reserve for an amount and duration determined at Teachable's sole discretion, and may change both the reserve amount and reserve period with notice only through Knowledge Base page updates. Payment gateway fees are similarly subject to unilateral change....
Why it matters: This provision establishes that Teachable's payment reserve and fee structure for Creators using Teachable Payments is not fixed at contract formation and may be modified unilaterally. Creators accept fee and reserve changes through continued use of the payment gateway, creating variable cost and cash flow exposure that is not bounded by the document's stated terms....
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Teachable
· Teachable Terms of Use
Upon account closure or school termination, Teachable states it may retain a copy of User Content and the user grants a non-exclusive perpetual irrevocable license for Teachable to maintain that archival copy for compliance and internal business purposes....
Why it matters: This provision establishes a perpetual irrevocable license for post-termination content retention that is scoped to compliance and internal business purposes but is not time-limited. For EU-based Creators, this provision may require evaluation under GDPR data minimization and storage limitation principles, which generally require that personal data not be retained beyond what is necessary for a specified purpose....
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Teachable
· Teachable Terms of Use
Creators appoint Teachable as their limited payment collection agent for the purpose of accepting Student payments, and Teachable's obligation to remit funds to Creators is conditioned on its successful receipt of those funds from Students. Once a Student pays Teachable, the Student's payment obligation to the Creator is extinguished....
Why it matters: This provision establishes the legal structure under which Teachable collects and remits Creator revenue, making Teachable's payment obligation to Creators contingent on receipt from Students. In the event Teachable does not remit received funds, the Creator's recourse is against Teachable rather than the Student, which concentrates financial risk on the Creator's relationship with Teachable....
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Teachable
· Teachable Terms of Use
Teachable reserves the right to modify, suspend, or terminate services or remove any user at any time for any reason without notice, and the right to modify the Terms themselves at its sole discretion. Continued platform use constitutes acceptance of modified terms regardless of whether direct notice was received....
Why it matters: This provision establishes that Teachable's service continuity, user access, and the Terms themselves are all subject to unilateral modification or termination without a minimum notice period. For Creator businesses operating schools through Teachable, service termination without notice creates operational exposure that is not bounded by the agreement....
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Teachable
· Teachable Terms of Use
Following API service termination, Creators have a 30-day window to request a CSV export of their data. After that window closes, Teachable states it may delete all associated data from its systems unless legally prohibited from doing so....
Why it matters: This provision establishes a strict 30-day post-termination deadline for data retrieval requests, after which Teachable may delete all API-associated data. Creators who do not submit a retrieval request within this window have no stated contractual right to recover that data....
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Teachable
· Teachable Terms of Use
Upon receipt of two or more DMCA complaints regarding a Creator, Teachable states it may remove that Creator from the Platform without further warning. This repeat infringer policy exists alongside Teachable's broader right to remove any user at any time for any reason....
Why it matters: This provision operationalizes a two-complaint threshold for Creator removal without a stated appeal or cure period, which may have significant financial consequences for Creator businesses that have built revenue streams on the platform....
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Teachable
· Teachable Terms of Use
Teachable discloses that it may receive compensation including sales commissions from Featured Providers listed on the platform, has not verified their qualifications, and disclaims all warranties regarding their services. Users who engage Featured Providers agree to indemnify Teachable for all claims arising from those engagements....
Why it matters: This provision discloses a potential financial relationship between Teachable and Featured Providers and places the full indemnification obligation for Featured Provider engagements on the user. The compensation disclosure and disclaimer of endorsement may interact with FTC endorsement and disclosure guidelines regarding commercial relationships....
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Teachable
· Teachable Terms of Use
Teachable offers AI-powered features through third-party providers including OpenAI, Anthropic, and Google, and users are bound by those providers' terms when using AI features. Teachable disclaims liability under AI Provider Terms, and in any conflict, Teachable's Terms prevail over AI Provider Terms....
Why it matters: This provision establishes that use of AI features on the platform creates a contractual relationship with third-party AI providers whose terms users are bound by, while Teachable disclaims liability under those terms. The conflict resolution clause asserting Teachable Terms prevail over AI Provider Terms may create interpretive complexity where AI Provider Terms impose obligations on users that conflict with Teachable's Terms....
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Teachable
· Teachable Terms of Use
Teachable reserves the right to determine account ownership disputes in its sole judgment and to transfer accounts to the party it determines to be the rightful owner, with Teachable having final authority subject only to legal prohibition....
Why it matters: This provision establishes Teachable as the sole arbiter of account ownership disputes with unilateral transfer authority, which may affect Creator businesses where multiple stakeholders claim account rights. The sole judgment standard does not specify an appeal mechanism or independent review process....
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Poshmark
· Poshmark Terms of Service
By posting any content on Poshmark, users grant the company a permanent, irrevocable, royalty-free right to copy, modify, distribute, and use that content for any purpose including advertising and marketing across any platform or medium, including third-party social networks....
Why it matters: This provision establishes a license that does not terminate when a user deletes content or closes an account, as it is characterized as perpetual and irrevocable. The license expressly covers promotional and advertising use across third-party platforms, meaning user-submitted listing photos and descriptions may be used in Poshmark marketing campaigns beyond the marketplace itself....
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Poshmark
· Poshmark Terms of Service
The agreement requires disputes between users and Poshmark to be resolved through individual binding arbitration rather than court proceedings, and waives the right to participate in class arbitrations, class actions, or any representative proceeding....
Why it matters: This provision requires disputes to proceed through individual binding arbitration following a mandatory 60-day informal resolution period, and prohibits class or representative proceedings. The Federal Arbitration Act is cited as the governing framework, and the clause applies to all claims including those based in contract, tort, statute, fraud, or misrepresentation....
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Poshmark
· Poshmark Terms of Service
Poshmark's total financial liability for any claim is capped at the greater of fees the user paid as a seller in the prior six months or USD $100, with exceptions for gross negligence, fraud, or intentional misconduct, and for liability that cannot be excluded by law....
Why it matters: This provision establishes a financial ceiling on all recoverable damages from Poshmark regardless of claim type or the amount of a transaction in dispute. For buyers who have not paid seller fees, the cap defaults to USD $100, which may be substantially less than the value of a disputed transaction....
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Poshmark
· Poshmark Terms of Service
Poshmark reserves the right to change or discontinue any fees at any time without providing advance notice to users, with changes taking effect when the Fee Policy is updated....
Why it matters: This provision authorizes unilateral fee modifications effective upon revision of the Fee Policy without requiring prior notice to users. For sellers and buyers engaged in ongoing transactions, fee changes may apply to activity conducted before users become aware of the revision....
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Poshmark
· Poshmark Terms of Service
If Poshmark cancels an order due to concerns about item authenticity or prohibited item status and the item is in Poshmark's possession, Poshmark may at its sole discretion return, retain, destroy, or otherwise dispose of the item without seller approval....
Why it matters: This provision authorizes Poshmark to permanently retain or destroy physical goods in its possession without seller consent, subject to its own determination regarding authenticity or prohibited item status. Sellers have no guaranteed right to have items returned once they are in Poshmark's physical possession and subject to a cancellation decision....
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Poshmark
· Poshmark Terms of Service
The agreement shortens the period in which users may bring claims against Poshmark to 12 months from the date a cause of action arises, unless applicable law prohibits such a limitation....
Why it matters: This provision establishes a contractual limitations period of 12 months for all claims, which is shorter than the default statutory limitations periods applicable to many consumer claims in numerous jurisdictions. The agreement acknowledges this limitation may be unenforceable where prohibited by applicable law....
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Poshmark
· Poshmark Terms of Service
Poshmark reserves the right to terminate user accounts, preserve account information for investigation, and take any other action it deems necessary at its sole discretion, with enforcement applied inconsistently across users without constituting a waiver....
Why it matters: This provision establishes that account termination and information preservation are subject to Poshmark's unilateral judgment, with no specified procedural requirements before termination and no stated appeal mechanism within this clause. The non-waiver language means that prior non-enforcement does not create a right to continued access....
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Poshmark
· Poshmark Terms of Service
Any feedback, suggestions, or ideas submitted to Poshmark are treated as non-confidential, and Poshmark may use such submissions for any commercial or other purpose without compensating or crediting the submitting user....
Why it matters: This provision establishes that user-submitted feedback of any kind is not proprietary to the user and may be used by Poshmark without restriction, including for commercial product development, without payment or attribution. Users who submit specific product ideas or suggestions have no intellectual property claim over those submissions under this clause....