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PayPal

paypal.com

18 flagged clauses across 6 risk dimensions

D
🤖

AI training

1 flag
  • Severity 4
    "Subject to the next paragraph, when you provide content to PayPal or post content using PayPal services, you grant PayPal (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. PayPal will not compensate you for any of your content. You acknowledge that PayPal’s use of your content will not infringe any intellectual property or publicity rights."

    PayPal receives a worldwide, irrevocable, royalty-free license to use your content and associated intellectual property to improve, operate, promote current services, and develop new ones. PayPal will not compensate you for this use.

    PayPal gains broad rights to use your data for its business without paying you, meaning your content becomes a free resource for their product development and marketing.

🔄

Auto-renewal

clear

No flags in this category.

💸

Price hikes

2 flags
  • Severity 3
    "We may revise the fees applicable to future transactions that you process using PayPal, subject to the applicable notice requirements set forth herein."

    PayPal revises fees for future transactions you process, following its notice requirements.

    PayPal can increase its transaction fees at any time, impacting your future costs of using their service.

  • Severity 2
    "If PayPal converts currency, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion spread applied and retained by us on a base exchange rate to form the rate applicable to your conversion."

    PayPal sets the transaction exchange rate for currency conversions, which includes a conversion spread that PayPal retains. PayPal adjusts this rate regularly.

    PayPal profits from currency conversions by adding a spread to the base exchange rate, increasing the cost of international transactions for you.

🌍

Data residency

clear

No flags in this category.

🚪

Termination friction

3 flags
  • Severity 4
    "PayPal, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf or some or all of the PayPal services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your PayPal account."

    PayPal suspends or terminates your user agreement, access to its services, or the services themselves for any reason at any time, upon notice. Upon termination, PayPal pays you any unrestricted funds.

    PayPal can unilaterally cut off your access to its services and funds at any time, potentially disrupting your operations without specific cause.

  • Severity 4
    "Holding the balance in your Balance Account, the balance in your business account, or any money waiting to be claimed through your personal account if you do not have a Balance Account linked to your personal account, for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy. The hold may remain in place longer than 180 days according to Court Orders, Regulatory Requirements, or Other Legal Processes."

    PayPal holds your account balance for up to 180 days if it needs to protect against liability or if you violate its Acceptable Use Policy. Holds extend beyond 180 days due to legal orders.

    PayPal can freeze your funds for up to 180 days or longer, severely impacting your cash flow and access to your money if they deem it necessary.

  • Severity 4
    "In certain cases, you may not close your PayPal account, including: To evade an investigation. If you have a pending transaction or an open dispute or claim. If your PayPal account has a negative balance. If your PayPal account is subject to a hold, limitation or reserve."

    You cannot close your PayPal account if you are under investigation, have pending transactions, an open dispute, a negative balance, or if your account is subject to a hold, limitation, or reserve.

    You lose control over closing your account if any of these conditions apply, potentially trapping your funds or data within the service.

⚖️

Liability caps

9 flags
  • Severity 5
    "If you have a dispute with any other PayPal account holder, you release PayPal from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise 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."

    You release PayPal from all claims, demands, and damages, known or unknown, arising from disputes with other PayPal account holders. You waive legal protections that would limit this release.

    You cannot hold PayPal responsible for any issues or losses stemming from disputes with other users, even if PayPal's platform facilitated the interaction.

  • Severity 5
    "Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, PayPal is not liable, and you agree not to hold PayPal responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf, or any of the PayPal services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf and any of the PayPal services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf or any of the PayPal services or any website or service linked to our websites, software or any of the PayPal services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf or any of the PayPal services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your PayPal account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or PayPal’s policies."

    PayPal limits its liability to direct damages only and disclaims responsibility for indirect, consequential, or intangible losses, including lost money, profits, or reputation, arising from service use, disruptions, errors, or third-party actions.

    You bear the risk for most financial and reputational losses, even those caused by PayPal's service issues, as PayPal's liability is severely restricted.

  • Severity 4
    "Except when PayPal acts as your agent and custodian to place funds in one or more banks insured by the Federal Deposit Insurance Corporation (FDIC) that we choose in our discretion (“Program Banks”), as provided below, any balance in your Balance Account and any funds sent to you which have not yet been transferred to a linked bank account or linked debit card if you do not have a Balance Account, represent unsecured claims against PayPal that are not eligible for FDIC pass-through insurance."

    Your PayPal balance and un-transferred funds are unsecured claims against PayPal and are not eligible for FDIC pass-through insurance, unless PayPal acts as your agent to place funds in FDIC-insured Program Banks.

    Your funds held directly by PayPal are not FDIC-insured, meaning you risk losing them if PayPal faces financial difficulties.

  • Severity 4
    "If the claim was that the item received was Significantly Not as Described and related to an item you sold that is counterfeit, you will be required to provide a full refund to the buyer and you may not receive the item back."

    If you sell a counterfeit item that is "Significantly Not as Described," PayPal requires you to issue a full refund to the buyer and you do not receive the item back.

    You lose both the item and the money if you sell a counterfeit product, incurring a complete financial loss.

  • Severity 4
    "Notwithstanding any other provision of this section Liability for Unauthorized Transactions and Other Errors, if you believe that your assigned account number and routing number have been used to debit your business account without your valid authorization or in an amount that exceeds your authorization (an “Unauthorized/Excess Business Debit”), please telephone us at (888) 221-1161 or contact us through the PayPal Resolution Center by 8:00 PM PT on the Business Day following the Business Day that the Unauthorized/Excess Business Debit is posted to your business account (the “Cutoff Time”). If you do not notify us by the Cutoff Time, you will be responsible for recovering any potential losses directly with the merchant/originator of the Unauthorized/Excess Business Debit."

    You must notify PayPal by 8:00 PM PT on the business day following an unauthorized or excess business debit to your account. If you miss this deadline, you are responsible for recovering losses directly from the merchant.

    You have a very short window to report unauthorized debits; missing the deadline shifts the burden of recovery and potential financial loss entirely to you.

  • Severity 4
    "As security for the performance of your obligations under this user agreement, you grant to PayPal a lien on, and security interest in and to, funds held in your PayPal account."

    You grant PayPal a lien and security interest in the funds held in your PayPal account to secure your obligations under the user agreement.

    PayPal can seize or hold your funds to cover any obligations you owe them, giving them direct control over your money.

  • Severity 4
    "PayPal’s liability is limited with respect to your PayPal account and your use of the PayPal services. In no event shall PayPal be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf, any of the PayPal services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law."

    PayPal limits its liability for your account and service use, specifically excluding responsibility for lost profits, special, incidental, or consequential damages like data or business loss.

    You cannot recover significant financial losses, such as lost profits or business damages, from PayPal even if their service failure causes them.

  • Severity 4
    "The PayPal services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. PayPal specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement."

    PayPal provides its services "as-is" without any express, implied, or statutory warranties. PayPal specifically disclaims implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

    You receive no guarantees about the quality, reliability, or suitability of PayPal's services, meaning you use them at your own risk without legal recourse for defects.

  • Severity 4
    "You and PayPal each agree that any of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding."

    You and PayPal agree to resolve disputes only on an individual basis, not through class action or representative proceedings. Arbitrators cannot consolidate claims without mutual agreement.

    You lose your right to participate in class action lawsuits against PayPal, forcing you to pursue individual claims which are often more costly and less effective.

🛡

Indemnification

1 flag
  • Severity 4
    "You must indemnify PayPal for actions related to your PayPal account and your use of the PayPal services. You agree to defend, indemnify and hold PayPal harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the PayPal services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your PayPal account or access our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf, or any of the PayPal services on your behalf."

    You must defend and indemnify PayPal against any third-party claims or demands, including legal fees, arising from your breach of the agreement, improper service use, legal violations, or actions by third parties you authorize.

    You are financially responsible for PayPal's legal costs and damages if a third party sues them due to your actions or your authorized users' actions.

👻

Silent term changes

2 flags
  • Severity 3
    "We may revise this agreement and any of the other terms, agreements, or policies from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice of such changes."

    PayPal revises this agreement and other terms at any time. Revisions become effective upon posting, though PayPal provides notice if changes reduce your rights or increase your responsibilities.

    PayPal can change its terms and policies unilaterally, potentially altering your rights and obligations without requiring your explicit consent.

  • Severity 3
    "By continuing to use our services after any changes to this user agreement or any of the other applicable terms, agreements, or policies, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account."

    By continuing to use PayPal's services after any changes to the user agreement or policies, you agree to be bound by those changes. If you disagree, you must close your account.

    You automatically accept any new terms by continuing to use the service, or your only option is to stop using PayPal entirely.

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