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Adobe Creative Cloud

adobe.com

16 flagged clauses across 8 risk dimensions

D
⏱️
0min

to read this ToS

Adobe Creative Cloud's fine print is longer than you think.

πŸŽ“Longer than a college lecture.

Caffeine required:
β˜•β˜•β˜•

The 5 things you actually need to know

  • 1

    They can use your work to train AI, but only if you upload it to Adobe Stock.

  • 2

    If you leave, they'll give you 30 days to get your stuff out before deleting it.

  • 3

    You have to agree to arbitration for disputes, no class actions allowed.

  • 4

    If you use a work account, your employer can see and control all your files.

  • 5

    They can change the terms anytime and you have to keep using them or cancel.

Generated by AI from the actual contract β€” but for the lawyer-level breakdown, scroll down πŸ‘‡

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AI training

3 flags
  • Severity 4
    "We will not use your Local or Cloud Content to train generative AI models except for Content you choose to submit to the Adobe Stock marketplace, and this use is governed by the separate Adobe Stock Contributor Agreement."

    Adobe Creative Cloud will not use your Local or Cloud Content to train generative AI models, except for Content you choose to submit to the Adobe Stock marketplace, which is governed by a separate agreement.

    Your private content is protected from being used to train AI models, ensuring privacy and preventing unauthorized use of your data.

  • Severity 4
    "Except as expressly permitted in the Terms, you must not (and must not allow third parties to): (A) modify, port, adapt, or translate any portion of the Services or Software; (B) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software; or (C) use the Services or Software, or any content, data, output, or other information received or derived from the Services or Software, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence system, including but not limited to any architectures, models, or weights."

    Adobe Creative Cloud prohibits modifying, reverse engineering, decompiling, or using its Services and Software to train machine learning algorithms or artificial intelligence systems.

    You cannot use Adobe Creative Cloud's services or output to develop competing AI or machine learning technologies.

  • Severity 3
    "In exchange for your use of a Beta Version, you agree that Adobe may collect data, including crash data, regarding your use of the Beta Version and analyze your Content, including human review, to improve our Services and Software and to personalize your experience, regardless of whether you have opted-out of data collection for non-Beta Versions."

    Adobe Creative Cloud collects data, including crash data, regarding your use of Beta Versions and analyzes your Content, including human review, to improve Services and Software and personalize your experience.

    Adobe Creative Cloud may review your content and usage data to improve its services, which could impact your privacy.

πŸ”„

Auto-renewal

1 flag
  • Severity 2
    "To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information."

    Adobe Creative Cloud may attempt to update your payment information through your card provider to prevent service interruption.

    Your payment information may be automatically updated, potentially leading to unexpected charges if your card details change.

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Price hikes

2 flags
  • Severity 3
    "The versions of the Services and Software that Adobe supports can be found here: https://www.adobe.com/go/software-support-guidelines."

    Adobe Creative Cloud provides guidelines for supported versions of its Services and Software.

    You need to ensure you are using supported versions of Adobe Creative Cloud's services to receive updates and support.

  • Severity 3
    "We may make changes to the Terms from time to time ranging from cleaning up typos to changes in policy. If we make any important changes, we will notify you. Any such changes will not apply to any dispute between you and Adobe arising prior to the date on which we posted the revised Terms incorporating such changes, or when the Terms otherwise become effective."

    Adobe Creative Cloud may change the Terms and will notify you of important changes, which will not apply to past disputes.

    Adobe Creative Cloud can update its terms of service, and you must stay informed about these changes to understand your obligations.

🌍

Data residency

1 flag
  • Severity 3
    "We process and store information in the U.S. and other countries. By using our Services and Software, you authorize Adobe to transfer your personal information across national borders and to other countries where Adobe and its partners operate."

    Adobe Creative Cloud processes and stores information in the U.S. and other countries, and by using its Services and Software, you authorize international data transfers.

    Your data may be transferred and stored internationally, which could have implications for data privacy and compliance.

πŸšͺ

Termination friction

4 flags
  • Severity 3
    "At the end of this 30-day transition period, we reserve the right to delete your Content. You should download any Content that you have stored in the Services before your license ends."

    Adobe Creative Cloud reserves the right to delete your Content after a 30-day transition period when your license ends.

    You must download your content within 30 days of your license ending, or Adobe Creative Cloud will delete it.

  • Severity 3
    "If you don't sign into your account periodically, we reserve the right to assume your account is inactive, and you agree that we may permanently delete your Content stored in the account or close your account entirely."

    Adobe Creative Cloud may permanently delete your Content or close your account if you do not sign in periodically, assuming the account is inactive.

    Failure to log in to your Adobe Creative Cloud account regularly may result in the permanent deletion of your stored content.

  • Severity 3
    "If we terminate the Terms, or your use of the Services and Software for reasons other than for cause, as listed in any of Sections (A) to (D) and (G) above, we will make reasonable efforts to notify you via the email address you provide to us, at least thirty (30) days prior to termination, with instructions on how to retrieve your Content."

    If Adobe Creative Cloud terminates the Terms for reasons other than cause, it will notify you at least 30 days prior with instructions on how to retrieve your Content.

    You will receive advance notice and instructions for retrieving your content if Adobe Creative Cloud terminates your service for non-cause reasons.

  • Severity 3
    "Upon termination by us, you may lose access to your Content."

    Upon termination by Adobe Creative Cloud, you may lose access to your Content.

    You risk losing access to your stored content if Adobe Creative Cloud terminates your account or services.

βš–οΈ

Liability caps

1 flag
  • Severity 4
    "Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) US $100; or (B) the aggregate amount that you paid for access to the Services and Software during the three-month period preceding the event giving rise to the liability."

    Adobe Creative Cloud's total liability is limited to US $100 or the amount you paid in the three months prior to the event, whichever is greater.

    Your ability to recover damages from Adobe Creative Cloud for issues related to the service is capped at a low amount.

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Indemnification

1 flag
  • Severity 3
    "You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim(s), demand(s), loss(es), or damage(s), including reasonable attorneys’ fees, arising out of, or related to: (A) your Content, including, but not limited to Creative Cloud Customer Fonts; (B) your use of the Services and Software (as applicable); (C) your interactions with any other users (including Third-Party Entitlement Holders); or (D) your violation of the Terms (β€œMatter”)."

    You will indemnify Adobe Creative Cloud and its affiliates for claims arising from your Content, use of the Services and Software, interactions with others, or violation of the Terms.

    You are responsible for defending Adobe Creative Cloud against legal claims that arise from your actions or content.

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Silent term changes

3 flags
  • Severity 3
    "We may make changes to the Terms from time to time ranging from cleaning up typos to changes in policy. If we make any important changes, we will notify you. Any such changes will not apply to any dispute between you and Adobe arising prior to the date on which we posted the revised Terms incorporating such changes, or when the Terms otherwise become effective."

    Adobe Creative Cloud may change the Terms and will notify you of important changes, which will not apply to past disputes.

    Adobe Creative Cloud can update its terms of service, and you must stay informed about these changes to understand your obligations.

  • Severity 3
    "If we discontinue the Services or Software in its entirety, we will use reasonable commercial efforts to allow you to transition your Content, and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid."

    If Adobe Creative Cloud discontinues its Services or Software entirely, it will make reasonable efforts to allow you to transition your Content and may provide a pro rata refund for unused prepaid fees.

    If Adobe Creative Cloud stops offering a service, you may be able to move your content and receive a partial refund for unused time.

  • Severity 3
    "We may modify, update, or discontinue the Services and Software (including any portions or features), which modifications, updates or discontinuations may, for clarity, be detrimental or result in a diminishment of value to you, at any time, without liability to you or anyone else."

    Adobe Creative Cloud may modify, update, or discontinue its Services and Software, including features, at any time without liability.

    Adobe Creative Cloud can change or remove features or discontinue services without owing you compensation.

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Recent changes detected

Feb 17, 2024

Adobe expanded Section 4.1 from a no-access promise to allowing both automated and manual review of all customer content, including for ML model training. The previous version explicitly prohibited Adobe from viewing user content.

Designers and agencies storing client work, NDA-protected creative, or pre-release product mocks in Creative Cloud β€” none of it is now off-limits to Adobe employees and ML pipelines.