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Terms of service

Temu

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Score9.0
Reviewed
Policy typeTerms of service
Concern findings15
Protections3
Source supportStrong

Source provenance

Verified official source
The live policy may have changed since . Verbaterm is reviewing an updated snapshot.
Retrieved
Last checked
PublishedAutomated refresh

What changedMaterial language shifts detected around arbitration, class action, privacy, fee. 0 new line(s), 29 removed line(s).

Snapshot hash 12419b28601da9545f8deb1a4b73f2e65d640fd5ea108cf2daa7e8f8baafce27

Snapshot of the source text at fetch time, not a live mirror of the policy page.

Plain-English summary

Temu's terms of use contain several concerning clauses that significantly impact user rights and privacy. Users are forced into binding arbitration with a waiver of class action rights (risk_flags-1), and the company's liability is capped at a very low amount ($100 or recent payment) (risk_flags-3). Users grant a broad, perpetual, and royalty-free license to their user-generated content, which is considered non-confidential and non-proprietary (data_use-1, data_use-2). The company can also change the terms unilaterally, with continued use of the service constituting acceptance (gotchas-1). Additionally, the company can terminate user accounts at its sole discretion, leading to the loss of any associated rewards (cancellation_renewal-1, cancellation_renewal-2). Payments are generally non-refundable unless specified otherwise (gotchas-2), and users are responsible for potential additional taxes/duties on purchases (gotchas-3). There's also a disclaimer that information sent or received may not be secure, and the company is not responsible for damages to property or data resulting from accessing/downloading materials (risk_flags-6).

92% confidence

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Risk Flags

6 findings

These clauses contain terms that are significantly one-sided or have the potential to cause material harm to the user. They might represent a notable deviation from common consumer expectations or industry standards, or they could severely limit user rights and recourse. Such terms often warrant careful consideration and might suggest a higher risk associated with the service.

high95% confidence

Mandatory Arbitration and Class Action Waiver

This service requires all disputes to be resolved through binding and final arbitration, meaning users waive their right to pursue disputes, claims, or seek relief in a court of law and to have a jury trial. Users are also only permitted to pursue disputes on an individual basis, not as part of a class or representative action, and each user waives their right to participate in a class action lawsuit or class-wide arbitration.

Mandatory arbitrationClass-action waiver

Why it matters: Users are forced into arbitration for disputes, losing their right to go to court or participate in class action lawsuits. This can significantly limit a user's ability to seek redress for issues and may result in an unfavorable outcome.

** UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AGREEMENT: (1) YOU AND WE WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Overview, paragraph 7 · Citation strength: strong

high90% confidence

Broad Indemnification Clause

Users agree to indemnify and hold the company and its associated parties harmless from any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from their use of the Services, violation of terms, violation of another party's rights, or violation of applicable laws.

Indemnification

Why it matters: Users could be held responsible for all legal costs and damages if their actions on the platform lead to claims against the company. This could expose users to significant financial liability.

To the fullest extent permitted by applicable law, you agree to indemnify and hold us, our parents, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, licensors and partners (each, a “Temu Party” and collectively, the “Temu Parties”) harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in connection with any third-party claims relating to: (a) your use of the Services, including without limitation, User Submissions or any actions taken by a third party using your Account; (b) your violation of these Terms; (c) your violation of any rights of another party, including without

Indemnity, paragraph 1 · Citation strength: strong

high90% confidence

Very Low Liability Cap for Damages

The company's total aggregate liability to the user is capped at the greater of the total amount paid by the user in the one-month period prior to the event, $100.00, or the remedy/penalty imposed by statute, with exceptions for death, personal injury caused by gross negligence, or injury caused by fraud or fraudulent misrepresentation.

Liability cap

Why it matters: Users may have very limited recourse for damages, as the company's liability is capped at a low amount, potentially leaving users to bear significant losses in most situations.

00; OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A TEMU PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION. THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE REQUIREMENT FOR YOU TO PROVE ACTUAL DAMAGES.

LIMITATION OF LIABILITY, paragraph 4 · Citation strength: strong

high90% confidence

Waiver of Unknown Claims in Release

Users expressly waive any statutory or other protections that would limit the coverage of a release to include only known or suspected claims at the time of agreeing to the release.

Why it matters: Users might unknowingly give up future claims against the company, even for issues they aren't aware of at the time of agreeing to the terms, potentially losing their right to seek compensation for problems that emerge later.

IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS, WHETHER STATUTORY (E.G., CALIFORNIA CIVIL CODE SECTION 1542) OR OTHERWISE, THAT WOULD LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Release, paragraph 2 · Citation strength: strong

low90% confidence

Disclaimer of Third-Party Liability

The company disclaims liability for the conduct of third parties, including operators of external sites, and states that the risk of injury from such third parties rests entirely with the user.

Why it matters: Users bear the full risk for interactions with third parties on or through the service and for any issues arising from third-party content or services, meaning they have no recourse against the company for such problems.

YOU ACKNOWLEDGE AND AGREE THAT THE TEMU PARTIES (AS DEFINED IN SECTION 16.1) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TEMU PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU ON OR THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.

WARRANTY DISCLAIMER, paragraph 3 · Citation strength: strong

low90% confidence

No Guarantees on Communication Security

Users acknowledge and agree that any information sent or received during their use of the services may not be secure and may be intercepted or accessed by unauthorized parties. The company is not responsible for any loss or damage to property or data resulting from materials accessed or downloaded from the services.

Why it matters: Users' communications and data may not be secure, exposing them to potential interception or unauthorized access without the company being held responsible for related damages or losses.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES, INCLUDING YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES, AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICES.

WARRANTY DISCLAIMER, paragraph 4 · Citation strength: strong

Data Use

3 findings

These clauses explain how the company collects, processes, and uses user data. They may describe data sharing practices, retention policies, and user consent mechanisms. Areas of concern often include broad data collection, sharing with third parties, or a lack of user control over their data. This section does not cover data security measures.

high90% confidence

Broad License for User Submissions

Users grant the company a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide right and license to use, store, display, reproduce, modify, create derivative works, publicly perform, publicly display, distribute, translate, and otherwise act with respect to User Submissions.

Broad content license

Why it matters: The company obtains extensive, permanent, and irrevocable rights to user-generated content, including the ability to sublicense and modify it for any purpose, without further compensation or permission from the user.

For all User Submissions, you grant us a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide right (including any moral rights) and license to use, license, store, display, reproduce, save, modify (e.g. to make sure the User Submission is viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise act with respect to such User Submissions as we determine is necessary to operate, market, and advertise the Services, including to present, display, or perform such User Submissions in accordance with your preferences.

User Submissions, paragraph 2 · Citation strength: strong

high90% confidence

User Submissions are Non-Confidential and Non-Proprietary

Users acknowledge and agree that all User Submissions are non-confidential and non-proprietary. The company may freely display, disclose, reproduce, modify, license, transfer, distribute, and otherwise use User Submissions in any manner, without any restriction or compensation to the user.

Why it matters: User-generated content can be used by the company in any way they choose, including for commercial purposes, without payment or notification to the user, and without any expectation of privacy or ownership over that content.

You acknowledge and agree that all User Submissions (including the username under which you made them) are non-confidential and non-proprietary. We may freely display, disclose, reproduce, modify, license, transfer, distribute and otherwise use the User Submissions in any manner, without any restriction or compensation to you.

User Submissions, paragraph 3 · Citation strength: strong

low85% confidence

Call Recording and Monitoring

Communications with the company, merchandise partners, or agents may be recorded, monitored, and stored for quality control, training, or to protect interests, subject to the Privacy Policy.

Why it matters: User calls and other communications with support and partners may be recorded and listened to, meaning sensitive information shared during these interactions could be retained by the company.

Subject to our [Privacy Policy](https://www.temu.com/privacy-and-cookie-policy.html), your communications with us, the merchandise partners, or our agents may be recorded, monitored and stored for quality control and training purposes, or to protect your, our and/or our merchandise partners’ interests.

Communications, paragraph 5 · Citation strength: strong

Cancellation and Renewal

2 findings

These clauses outline the terms related to account termination, subscription cancellation, and renewal processes. Concerns often arise from automatic renewals without clear notice, complex cancellation procedures, or penalties for early termination. This section also covers the company's right to suspend or terminate user accounts.

medium90% confidence

Account Termination at Company Discretion

The company is free to terminate or suspend user accounts or use of the Services for any reason in its discretion, including for breach of the Terms. The company has the sole right to decide if a user is in violation of any restrictions.

Account termination without notice

Why it matters: The company can terminate a user's account at any time, for any reason, even if the user does not believe they have violated terms, leading to potential loss of access without clear cause or recourse.

We are also free to terminate or suspend your use of the Services or your Account, for any reason in our discretion, including your breach of these Terms. You acknowledge and agree that we have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Ending Our Relationship, paragraph 1 · Citation strength: strong

medium90% confidence

Loss of Rewards Upon Account Termination

If a user's account is terminated for any reason, all Content and Rewards associated with the account will be destroyed and cancelled. Users are advised to use any remaining Rewards before the termination date.

Account termination without notice

Why it matters: Users will forfeit any accumulated rewards or content associated with their account if it is terminated, regardless of the reason, potentially losing value they have earned.

If your Account is terminated for any reason, all Content and Rewards associated with your Account will be destroyed and cancelled. You should try to use any remaining Rewards before the date on which such termination becomes effective.

Ending Our Relationship, paragraph 2 · Citation strength: strong

Gotchas

4 findings

These clauses highlight less obvious or easily overlooked terms that might have significant implications for users. They often include disclaimers, waivers, or unexpected responsibilities that users unknowingly agree to. These terms may not be immediately apparent but can lead to unexpected outcomes or limitations.

high95% confidence

Unilateral Changes to Terms with Continued Use as Acceptance

The terms are subject to change by the company in its sole discretion at any time. If users do not agree to any changes, they must stop using the services; otherwise, their continued use constitutes acceptance of the changes. Users are advised to regularly check for the latest terms.

Unilateral amendment

Why it matters: The company can change the terms at any point without requiring explicit agreement, placing the burden on users to constantly review the terms for updates. Continued use of the service after changes means automatic acceptance, even if the user is unaware of the new terms.

PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will publish a copy of the updated Terms and/or Policies available on Temu, and we will also update the “Last Updated” date or “Effective Date” at the top of the page. We encourage you to periodically review Terms and Policies for the latest version. We may provide notice to you of such changes via email or other channels. If you do not agree to any change(s), you shall stop using the Services. Otherwise, you agree that your continued use of the Services after the changes take effect constitutes your acceptance of such change(s).

Overview, paragraph 8 · Citation strength: strong

medium90% confidence

Payments are Non-Refundable by Default

Payments made for purchases are non-refundable except as expressly provided in applicable policies.

Why it matters: Users may generally not receive refunds for purchases unless specific refund policies apply, potentially losing money if they are dissatisfied or encounter issues not covered by those policies.

YOUR PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN APPLICABLE POLICIES.

Purchases, paragraph 9 · Citation strength: strong

low90% confidence

Estimated Sales Tax & Customs Duties Subject to Change and User Responsibility

Sales tax and similar charges collected at the time of purchase are estimated and may change based on applicable laws. Users are responsible for paying any additional assessed amounts, and the company is not liable if a product is delayed or denied customs clearance due to the user's failure to pay such charges.

Why it matters: Users might face unexpected extra costs for sales tax or customs duties, and could experience delays or denial of their products if they fail to pay these additional charges.

Please note that sales tax and similar charges collected at the time of purchase are estimated values and may be subject to change depending on applicable laws. If additional amounts are assessed, you are responsible for paying them. We will not be liable if a product is delayed or denied customs clearance as a result of your failure to pay such charges.

Purchases, paragraph 4 · Citation strength: strong

low85% confidence

No Warranty on Product Information Accuracy

The company strives for accuracy but cannot guarantee that the color display of products will be an accurate depiction on the user's monitor.

Why it matters: The actual color of a purchased product might differ from what was displayed on their screen, leading to potential dissatisfaction if color accuracy is important to the user.

We make reasonable efforts to ensure the color display of the products on Temu is as accurate as possible. However, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the product you selected to purchase.

Purchases, paragraph 7 · Citation strength: strong

Protections

3 findings

These clauses outline clear and explicit commitments by the company to protect user rights, enhance their privacy, or provide them with beneficial options. They represent areas where the company goes beyond baseline requirements in a consumer-friendly way. Examples include strong data protection commitments, clear refund policies, or specific user control features.

Protection95% confidence

Opt-out for Marketing Emails

Users can unsubscribe from marketing emails by using the unsubscribe options provided in the marketing email itself.

Why it helps: Users have control over receiving marketing communications and can easily stop them if they choose.

If you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options in the marketing email itself.

Communications, paragraph 4 · Citation strength: strong

Protection95% confidence

Opt-out for Marketing SMS Texts

Users are not required to consent to receive marketing texts as a condition of using the Services. If they wish to opt out of SMS texts, they can reply STOP to the corresponding number or follow instructions in the messages.

Why it helps: Users maintain control over receiving marketing text messages and can easily opt out, and their decision does not affect their ability to use the service.

You acknowledge that you are not required to consent to receive marketing texts as a condition of using the Services. If you wish to opt out of SMS texts from us, you can reply STOP to the corresponding number from your mobile device receiving the messages and/or follow the instructions provided in these messages.

Communications, paragraph 3 · Citation strength: strong

Protection90% confidence

Return and Refund Policy Available

For products purchased on Temu, users may be entitled to a return and refund, with details available in the Return and Refund Policy.

Why it helps: Users have a defined process for returning products and receiving refunds, providing a clear path to address unsatisfactory purchases.

For all the products purchased on Temu, you may be entitled to a return and refund. For details of return and refund, please visit our [Return and Refund Policy](https://www.temu.com/return-and-refund-policy.html). Please follow the instructions in the policy if you want to request a refund. You acknowledge and agree that we may issue a refund to you in accordance with the Return and Refund Policy.

Purchases, paragraph 13 · Citation strength: strong

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