Is Descript's Terms of Service safe?

Top concerning points

1. 1.

   Specific content can be deleted without reason and may be removed without prior notice

   blocker

   High

   This service can delete specific content. Usually they will claim they reserve the right to do it at their sole discretion, which is legalese for saying they won't give a specific reason. If the terms say they will not notify you, it shall be included in the quote but if it does not explicitly say they will give you a notice, it can be reasonably inferred that they can do it without telling you.

2. 2.

   Your personal data is used for automated decision-making, profiling or AI training

   blocker

   High

   Personal data or content you share with the service may be processed to make decisions by automated means without human involvement. This includes profiling, which is any form of automated processing of your information to analyse or predict things like your economic situation, health, personal preferences or interests; as well as Artificial Intelligence training.

3. 3.

   You waive your right to a class action

   bad

   High

   The right to be represented in a class action (or representative action) exists in the US and some European countries. It allows people who have been similarly injured by the same accused to take legal action by a single lawsuit instead of individually. Some Terms of Service try to limit that right. By agreeing to them, you could waive (= renounce to) your right to a class action, which might reduce your chances to be successful in a case.

4. 4.

   A license is kept on user-generated content even after you close your account

   bad

   High

   The service may still use your content and display it after you stopped using it by closing your account. The case applies to terms requiring users to grant them a perpetual license over that content.

5. 5.

   You are forced into binding arbitration in case of disputes

   bad

   High

   This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.

6. 6.

   If you offer suggestions to the service, they become the owner of the ideas that you give them

   bad

   High

   The service can claim ownership on feedback, proposals, ideas and suggestions submitted by the users, who may waive their "moral rights" on that feedback.

7. 7.

   You shall not interfere with another person's enjoyment of the service

   bad

   High

   Users are asked not to interfere with another person't enjoyment in using the service. However, this statement is very vague and open to interpretation by the service itself.

8. 8.

   Per the service's terms, you may not express negative opinions about them

   bad

   High

   Criticising, questioning, making objections or complaints about the Service, its staff or anything related to it is prohibited and constitutes a breach of the Terms.

Frequently asked questions

What is Descript's ToS;DR privacy grade?

ToS;DR rates Descript as Grade E. Grades range from A (best) to E (worst). See the full breakdown on ToS;DR.

Is Descript's Terms of Service safe?

ToS;DR's Grade E means the terms raise serious concerns. Read the blocker and bad points carefully before accepting.

What is a top concern in Descript's terms?

Specific content can be deleted without reason and may be removed without prior notice — This service can delete specific content. Usually they will claim they reserve the right to do it at their sole discretion, which is legalese for saying they won't give a specific reason. If the terms say they will not notify you, it shall be included in the quote but if it does not explicitly say they will give you a notice, it can be reasonably inferred that they can do it without telling you. (Source: ToS;DR approved point).

Where can I read Descript's official terms?

ToS;DR tracks "Terms of Service" at https://www.descript.com/terms. Always prefer the official document over summaries.