Contract Title The Terms of Service and Privacy Policy
Contract Website
Contract Application Break Diving, Inc.
Contract Type website
Contract Date 03/08/2019
TOS Website
Total Rating 91.11

Total Page Count 4

GOOD POINTS: It's one single page. 4 pages long when printed.


The Right to Privacy 4 out of 5

GOOD POINTS: They are upfront about what data they collect. They do not sell your private information at all, at any time.

BAD POINTS: Unclear about respecting data privacy laws from other countries, and the EU. Unclear what data specifically they hold on to after you delete your account.

The Right to Equal, Fair, & Reasonable Expression 4 out of 5

GOOD POINTS: You are not arbitrarily deemed in violation of 'speech' policies. You are given opportunities to correct yourself.

BAD POINTS: It's a unique community, with positivity as its hallmark, so you are restricted what you can say to some extent. But overall, it seems very open.

The Right to Control My Intellectual Property 4 out of 5

GOOD POINTS: You keep 100% ownership and copyright of everything.

BAD POINTS: You give the company a non-exclusive license to use whatever you share on a number of their websites and/or on their marketing materials. They can use your intellectual property to make money for the company, and you are not entitled to any of that money.

The Right to Sue 5 out of 5

GOOD POINTS: Very few restrictions.


The Right to Low-Cost Arbitration 5 out of 5

GOOD POINTS: Very few restrictions.


The Right to Join a Class Action 5 out of 5

GOOD POINTS: Very few restrictions.


The Right to No Hidden Terms or Fees 5 out of 5

GOOD POINTS: Everything is clearly described on the website. There's a free plan, and then various paid plans.


The Right to Fair Process & To Be Heard 5 out of 5

GOOD POINTS: Excellent process in place for solving alleged TOS violations. And fair process to be heard in place.


The Right to Appeal & The Right to Return 5 out of 5

GOOD POINTS: You have the right to appeal. You also have the right to return to the site if you are kicked off.


The Right to Reasonable Terms 0 out of 5

GOOD POINTS: The terms in this agreement are among the most fair in the world. And it's short. EVERYTHING (including the privacy policy) is just 4 pages long.

BAD POINTS: Not many at all.

Historical Fairness 9.11 out of 10
Historical User Ratings 10.0 out of 10
Historical Lack of Lawsuits or Arbitrations 10.0 out of 10
Public Placement of TOS Fairness Score & Link 20.0 out of 20
Total Rating 91.11 out of 100
Additional Note

Break Diving founder, Attorney Monroe Mann, reviewed this terms of service agreement on behalf of TOS Fairness. While this is a potential conflict of interest, if you look at the actual TOS on and compare it to the TOS Fairness Online User Bill Of Rights, you will see that this review is very objective.

Ways to improve

1. Include information about the new EU laws and make sure the privacy policy complies.
2. Be more clear about how uses private data after an account is deleted.

Review Status Completed

First Name Rating Comment

Reviewed by the following attorneys and/or law students:

The reviews on this website are merely a public service. No reviews on this website are to be considered legal advice. Each review is merely one potential analysis. Check that the date of the agreement on a company's website matches the date of the version that we have reviewed. Remember that each 'Click to Agree' agreement is (in most jurisdictions) deemed to be a binding contract between you and the company. Therefore, before making any final decision on whether to sign any online agreement, if you are uncertain, please be sure to read the contract in full, and if you are still confused, consult a licensed attorney in your country or state. Use of this website does not in any way create any lawyer-client relationship anywhere in the world. Click here to read our full terms of service and privacy policy.

First Name Last Name Country Last updated
Monroe Mann USA - NY 03/08/2019