Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
This agreement includes a mandatory arbitration clause and class action waiver (risk_flags-0001), significantly limiting your legal recourse against the company. The company can immediately terminate your access and license to use content if they determine payment issues or misuse (risk_flags-0002, risk_flags-0003).
Subscriptions auto-renew after free trials (cancellation_renewal-0001) and ongoing (cancellation_renewal-0002), requiring active cancellation. The company can change terms without advance notice (gotchas-0001), and prices can change without notice (gotchas-0004).
The company is not liable for harm from unauthorized account use (gotchas-0002), and interactions with third-party advertisers are solely your responsibility (gotchas-0003).
The company claims broad ownership over almost all content and technical elements of its applications (data_use-0001).
90% confidence
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Risk Flags
3 findings
Critical issues that may harm users or limit their rights.
high95% confidence
Mandatory Arbitration and Class Action Waiver
The terms contain an arbitration clause and a class action waiver clause, meaning disputes must be resolved through binding arbitration individually, rather than in court or as part of a class action.
Why it matters: You are agreeing that you must pursue your claims in a binding arbitration proceeding (and not in a court) and only on an individual (and not a class action) basis. This limits your ability to take legal action against the company through traditional court processes or as part of a group.
THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THIS APPLICATION, YOU ARE ACCEPTING THE TERMS OF USE AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST US, WITH A FEW EXCEPTIONS (FOR EXAMPLE, IF YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE AS DESCRIBED IN SECTION 20.5 BELOW), YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS.
Last Modified: November 2, 2023, paragraph 2 · Citation strength: strong
high90% confidence
License Termination Leads to Immediate Material Access Loss
If the limited license to use the Material is terminated, you must immediately cease all access to and use of the Material, and such Material will no longer be available.
Why it matters: If the company terminates your limited license to use the Material, you will immediately lose access to and use of all Material, including any programming made available through the Application.
If we terminate this limited license to use the Material, you must immediately cease any and all access to and use of the Material (including, without limitation, any programming made available through the Application), and such Material will no longer be available for your access and use.
Ownership of Intellectual Property, paragraph 2 · Citation strength: strong
high90% confidence
Unilateral Account Termination for Payment Issues or Misuse
We reserve the right to immediately terminate any pending transactions, suspend your access to the Applications, and terminate all of our obligations under the agreement if certain payment-related issues or misuse of promotions occur.
Why it matters: The company may immediately terminate your transactions, suspend your access, and end its obligations if your Payment Method is invalid, a transaction is unauthorized or disputed for reasons other than non-delivery, if you misuse promotions, or use the Applications for an improper transaction. This could lead to a sudden loss of service and account access.
If, in our sole discretion, we determine that (i ) your Payment Method is not valid, (ii) a transaction is not authorized, (iii) your Payment Method cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reasons other than failure by us to deliver the product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Applications to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Applications, and terminate all of our obligations hereunder.
Direct Subscriptions, paragraph 3 · Citation strength: strong
Data Use
1 finding
How the company collects, uses, and shares your personal information.
medium85% confidence
Broad Definition of "Material" and Company Ownership
The term "Material" includes all Applications software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, layout, interfaces, databases, computer code, documents, proprietary information, copyrightable elements, trademarks, service marks, logos, and trade names, and the company owns all worldwide right, title, and interest in and to this Material.
Why it matters: The company claims broad ownership over almost all content and technical aspects of its applications, including everything from software to graphic designs and audio-visual material. This means that the company has full control and rights over these elements.
You acknowledge and agree that, as between you and us, we (or our licensors, as applicable) own all worldwide right, title, and interest in and to the Material, including any intellectual property rights embodied therein or related thereto.
Ownership of Intellectual Property, paragraph 1 · Citation strength: strong
Cancellation & Renewal
2 findings
How subscriptions renew, and how to cancel them.
medium95% confidence
Auto-renewal after Free Trial
Upon the expiration of any free trial, any applicable subscription fee will be charged to your payment method unless you timely cancel the free trial.
Why it matters: If you do not cancel a free trial before it ends, you will automatically be charged the subscription fee. You need to remember to cancel if you don't wish to continue.
UPON THE EXPIRATION OF ANY FREE TRIAL, AND IN ACCORDANCE WITH THAT FREE TRIAL’S TERMS, ANY APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU TIMELY CANCEL THE FREE TRIAL. YOU CAN MANAGE YOUR SUBSCRIPTION FEE AND AUTO-RENEWAL BY VISITING YOUR SUBSCRIPTION PROVIDER’S PAYMENT PAGE OR, THROUGH US, BY CONTACTING US AT [SUPPORT@MGMPLUS.ZENDESK.COM](mailto:support@mgmplus.zendesk.com).
Last Modified: November 2, 2023, paragraph 6 · Citation strength: strong
medium95% confidence
Ongoing Subscription Billing
The Subscription Fee will be billed on an ongoing basis unless you cancel your subscription.
Why it matters: Your subscription will automatically renew and you will be charged the Subscription Fee regularly unless you actively cancel it.
The Subscription Fee will be billed at the time you establish your subscription, and on an ongoing basis unless you cancel your subscription.
Direct Subscriptions, paragraph 2 · Citation strength: strong
Gotchas
4 findings
Potentially surprising or less-than-obvious terms that could be significant to users.
medium90% confidence
Unilateral Agreement Changes Without Advance Notice
The terms state that the company reserves the right to revise the terms of this Agreement at any time and from time to time, for any reason in its sole discretion, by posting an updated Terms of Use Agreement without advance notice to you.
Why it matters: The company can change the terms of service at any time without giving you advance notice. You are responsible for checking for updates, and continued use signifies acceptance of new terms.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to revise the terms of this Agreement by posting an updated Terms of Use Agreement without advance notice to you.
We are not liable for any harm caused by certain unauthorized uses of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password.
Why it matters: The company disclaims responsibility for harm caused by unauthorized use, theft, or disclosure of your username or password, or if you allow others to use it.
Without limiting the generality of the foregoing, we are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.
All communication, interaction, and participation with third-party advertisers is strictly and solely between you and such Advertisers, and we shall not be responsible or liable to you in any way in connection with these activities or transactions.
Why it matters: Any interactions or transactions you have with third-party advertisers are solely your responsibility. The company will not be held accountable for any issues that arise from these engagements.
All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
All prices posted on the Applications are subject to change without notice.
Why it matters: The prices for products or services on the Applications can change at any time without prior warning. Price increases will only apply to new orders after the change.
All prices posted on the Applications are subject to change without notice. Price increases will only apply to orders placed after such changes.
Direct Subscriptions, paragraph 2 · Citation strength: strong
Protections
0 findings
Terms that protect users or offer them control.
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