BeReal
Weighted across nine legal categories. Lower is worse.
Executive summary
BeReal's terms are moderately consumer-unfriendly for a platform targeting young people. While the service clarifies age requirements and offers graduated account enforcement, it grants extremely broad commercial licenses to globally shared content without compensation, imposes harsh liability limitations, and requires disputes to be litigated exclusively in Paris. Privacy practices are deferred entirely to a separate policy, limiting transparency in the main T&C. Payment terms lack detail on refunds and cancellation.
Category breakdown
Acceptance of Terms & Scope
Contract formation and service boundaries
BeReal clearly defines who can use services (minimum age 13 with parental consent where required) and explicitly states the scope covers mobile apps, websites, and underlying systems. The company uses plain language and acknowledges the terms are important, even inviting users to read them. However, the reference to 'age of consent in your country' is ambiguous, conflating contractual capacity with other meanings of that phrase. Acceptance mechanism through account creation is clear but not explicitly checkboxed in this text.
Key findings
- Age requirement: 13+ (COPPA compliant)
- Clear scope definition covering all platforms and services
- Plain language presentation with invitation to read
- Ambiguous reference to 'age of consent' across jurisdictions
- Acceptance implied through account creation
Evidence from the document
who is at least 13 years old. Depending on where you live, if you have not reached the age of consent in your country, a parent or guardian may also need to give their consent
Our services refer to all aspects of the BeReal mobile applications, our websites and the software and systems that power the applications
If you do not wish to read or accept the terms of service, do not use our services, but if you use our services, you agree to be bound by the terms of service
Recommendations
- Clarify 'age of consent' by specifying 'age of legal capacity to contract' or use jurisdiction-specific thresholds
- Add explicit confirmation checkbox during signup
- Provide plain-language summary of key obligations for minors
User Accounts
Registration, suspension, and termination
BeReal implements a graduated enforcement system (3-strike rule with 30-day suspensions escalating to permanent termination) and allows user-initiated deletion anytime through app settings. The company provides an appeal process for suspension contests. However, automatic account deletion after inactivity (3 years in US, 2 years in Europe) is harsh and may surprise users. The suspension language uses 'we determine, or have reason to believe' which could be interpreted broadly. No explicit data export or portability option is mentioned before termination.
Key findings
- 3-strike system with proportional enforcement (fair for most violations)
- CSAM results in immediate permanent ban (appropriate)
- User can delete account anytime via app settings
- Appeal process available through customer support
- Automatic deletion after 2-3 years inactivity (jurisdiction-dependent)
- Suspension triggers broadly worded ('have reason to believe')
- No explicit data export or portability before termination
Evidence from the document
In the event of sharing Unauthorised Content, we suspend your account for 30 days, during which you cannot see or share Content on BeReal. If this happens three (3) times, the suspension of your account becomes permanent
You can contest any account suspension by contacting our customer support
Your account may be deleted after three (3) years of continuous inactivity if you are located in the United States, or after two (2) years of continuous inactivity if you are located in Europe
Recommendations
- Specify what 'reason to believe' means and require concrete evidence
- Provide specific examples of violations that trigger strikes
- Offer data export option before automatic inactivity deletion
- Extend inactivity period or offer reminder option before deletion
- Document appeal process and expected response timeline
Intellectual Property & UGC
Content ownership and licensing
While users retain ownership of content they create, BeReal grants itself an extremely broad worldwide, non-exclusive, royalty-free, sublicensable license to globally shared content including rights to adapt, modify, publish, and distribute without compensation. The document states user's service access serves as 'sufficient compensation' for commercial exploitation of globally shared content. Friends-only content requires voluntary consent, which is positive, but the global license is concerning for a platform with young users who may not understand the implications of commercial use. No attribution requirements or moral rights protection mentioned.
Key findings
- Users retain ownership but grant broad commercial licenses
- Global content license is worldwide and sublicensable
- No compensation for global content commercial use
- 'Sufficient compensation' is merely service access, not revenue sharing
- Friends-only content requires voluntary opt-in for commercial use (positive)
- No attribution or credit requirements mentioned
- No limitations on modification or adaptation of user content
- Feedback given to BeReal has no usage restrictions
Evidence from the document
you grant us a worldwide, non-exclusive, royalty-free and sublicensable licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the content you share globally
These additional uses are made without any compensation paid with respect to Globally Shared Content, as your use of our Services is hereby accepted as sufficient compensation
On a voluntary basis, some people may choose to share their friends-only content with BeReal so that it can be used for communication, commerce and marketing purposes
Recommendations
- Add mandatory attribution requirements for all commercial use of UGC
- Limit sublicensing rights or require notification when licensed to third parties
- Implement revenue sharing for content used in commercial advertising
- Add explicit moral rights protection (integrity of works)
- Provide content export/portability options before account deletion
- Clarify what constitutes commercial use vs. internal platform operations
Data Privacy
Data collection, usage, and protection
The T&C provides minimal privacy details, referring users entirely to the separate Privacy Policy. No specific data practices, retention periods, third-party sharing limitations, or COPPA compliance details are mentioned in this document. For a social platform targeting users as young as 13, privacy should be more thoroughly addressed in the main T&C. The reference to international data transfers ('countries where we operate') is vague. SMS communications are addressed with an opt-out option, but overall transparency is insufficient.
Key findings
- Privacy Policy details deferred to separate document not provided for analysis
- No data retention periods specified
- No COPPA compliance specifics mentioned (required for under-13 users)
- International transfer language is vague ('countries where we operate')
- Third-party sharing mentioned but not limited or detailed
- SMS opt-out available for promotional messages
- Phone number update requirements mentioned for security
- No mention of data access, deletion, or portability rights in T&C
Evidence from the document
Our Privacy Policy describes the information you share with us, when it is shared and how we process it when you use our services
we must collect, use, store, process, share and transfer this information in the countries where we operate our services and to the partners who help us provide our services
For more information on how we process your personal data and to learn about your rights, please consult our Privacy Policy
Recommendations
- Include specific data retention periods in T&C (or prominent reference)
- Detail COPPA compliance procedures for minor users
- Specify which third parties receive data and for what purposes
- Clarify international transfer mechanisms (adequacy, SCCs, etc.)
- Summarize key privacy rights (access, deletion, portability) in main T&C
- List specific categories of data collected (location, device, contacts, etc.)
Payment & Subscriptions
Billing and subscription management
BeReal offers an optional 'No Ads' paid subscription managed through Apple App Store or Google Play Store. While the T&C requires notification before price changes, it lacks essential consumer protections: no refund policy, no cancellation process, no proration terms, and no auto-renewal details. The price modification right is stated broadly ('at any time'). The deferral to app store management provides some protection, but BeReal should specify its own payment policies in the T&C to meet auto-renewal law requirements.
Key findings
- Optional paid 'No Ads' subscription available
- Subscription managed by app stores (Apple, Google)
- Price can be modified 'at any time' (vague timing)
- Advance notice required for price changes (timing unspecified)
- No refund policy mentioned
- No cancellation terms specified
- No auto-renewal terms or opt-out procedures detailed
- No billing transparency or statement requirements mentioned
Evidence from the document
BeReal offers a 'No Ads' paid subscription, currently available to users located in the United States
BeReal reserves the right to modify the price of the 'No Ads' subscription at any time. In the event of a price change, users will be notified before the new pricing takes effect
The subscription is taken out and managed by the relevant app store (Apple App Store or Google Play Store)
Recommendations
- Specify minimum advance notice for price changes (14-30 days recommended)
- Add clear refund policy (prorated refunds for cancellation mid-cycle)
- Detail auto-renewal and easy cancellation process
- Require clear display of total cost and billing frequency at purchase
- Specify whether free trials convert to paid automatically
- Clarify status of paid subscriptions upon account termination
Limitation of Liability
Risk allocation and legal protection
Section 9 contains an extremely vague and broad liability limitation clause: 'BeReal's liability is limited to the maximum extent permitted in your country of residence.' No specific damage caps, no carve-outs for gross negligence or willful misconduct, no exclusion of consequential damages, and an extensive list of indemnified parties. This is essentially a blanket disclaimer with no meaningful limits. While it references local law, the language is so open-ended that it could be read to disclaim all liability. For a platform targeting young users, this is particularly concerning.
Key findings
- Blanket limitation with no specific damage caps
- No carve-outs for gross negligence, willful misconduct, or illegal conduct
- Extensive indemnified parties (affiliates, employees, agents, partners, licensors)
- No distinction between types of damages or causes of liability
- Vague reference to 'maximum extent permitted' provides minimal protection
- No mention of specific exclusions (consequential damages, lost profits, etc.)
- Savings clause for local law exists but is insufficient
- Warning not prominently displayed or bolded
Evidence from the document
By using our services, you agree that the liability of BeReal, its affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors is limited to the maximum extent permitted in your country of residence
Recommendations
- Specify actual damage caps (e.g., amount paid for services, not to exceed $100)
- Carve out gross negligence and willful misconduct from limitations
- Exclude data breach liability from damage caps
- Limit indemnified parties to BeReal itself, not broad affiliates/partners
- Use bold text and plain language for limitation clause
- Provide specific exclusions (consequential damages, lost profits, etc.)
- Explain what consumers retain the right to recover despite limitations
Indemnification
Legal responsibility allocation
Notably absent is an explicit indemnification clause requiring users to 'defend, indemnify and hold harmless' BeReal. While Section 4 establishes user responsibility for content legality and compliance, there is no clause shifting BeReal's legal defense costs or litigation expenses to users. This absence is actually favorable to consumers. Users are expected to comply with laws and terms, but are not explicitly obligated to pay BeReal's legal fees or settlement costs related to third-party claims.
Key findings
- No explicit indemnification clause present (favorable for consumers)
- Users responsible for content legality and compliance
- No clause requiring defense of BeReal in third-party claims
- No unlimited financial exposure for content-related claims
- Some implicit responsibility through content restrictions
Evidence from the document
You are responsible for the content you share through our services, including ensuring that you have the right to use that content and that it complies with laws, rules, regulations and the user agreement
If you share content that you do not have the right to use or that violates laws, rules, regulations or the user agreement, we have the right to remove it and we will
Recommendations
- Maintain absence of explicit indemnification clause
- Continue to enforce content policies through removal and account suspension
- Use dispute reporting rather than user indemnification for IP claims
Modification of Terms
How agreements can be changed
BeReal reserves the right to update terms at any time but promises notification 'within a reasonable time' for material changes that impact rights or obligations. Continued use after the effective date constitutes acceptance. However, 'reasonable time' lacks specificity (should be 14-30 days), and only changes affecting 'rights or obligations' trigger notice (other changes get no warning). Security/compliance-required changes can be effective immediately. No version history, archived versions, or refund options are mentioned for paid subscribers who reject changes.
Key findings
- Material changes require advance notice (good)
- 'Reasonable time' is vague, not specific (14-30 day standard missing)
- Only changes impacting 'rights/obligations' require notice
- Security/compliance exceptions allow immediate changes
- Continued-use acceptance rule clearly stated
- No right to reject and receive refund for paid services
- No version history or changelog mentioned
- No specification of effective date clarity
Evidence from the document
BeReal may update the user agreement at any time. If we make an update that impacts the rights or obligations of either party, we will notify you within a reasonable time before the update takes effect, unless the update is required for security or legal compliance reasons
If you continue to use our services after the effective date, you accept the updated user agreement. If you do not wish to accept it, you must stop using our services
Recommendations
- Specify 'reasonable time' as minimum 14-30 days advance notice
- Require notice for ALL material changes, not just those affecting rights
- Clarify what constitutes 'security' or 'compliance' requiring immediate changes
- Offer refund option for paid subscribers who reject material changes
- Maintain dated version archive or changelog
- Provide option to opt-out of specific changes (e.g., arbitration additions)
Governing Law & Disputes
Jurisdiction and conflict resolution
BeReal mandates exclusive jurisdiction in Paris courts under French law, with a carve-out only for laws of the consumer's residence country that 'prohibit' the Paris forum. Courts are preserved (not arbitration), and no class action waiver appears, which are positive. However, exclusive venue in Paris is extremely unfavorable for global users outside France, particularly young people who cannot reasonably litigate in a distant foreign jurisdiction. The phrase 'to the extent these Terms allow you... to initiate litigation' suggests some disputes may be excluded. No mention of small claims court preservation or alternative dispute resolution.
Key findings
- Exclusive venue: Paris, France courts
- Governing law: French law (with local-law carve-out)
- Courts preserved (not forced arbitration) - positive
- No class action waiver mentioned - positive
- No jury trial waiver mentioned - positive
- Paris venue is globally unfair (most users cannot sue there practically)
- Savings clause for local mandatory law is insufficient
- No small claims preservation mentioned
- No alternative dispute resolution (mediation, arbitration option) offered
- Vague language: 'to the extent these Terms allow' suggests possible exclusions
Evidence from the document
To the extent these Terms allow you or BeReal to initiate litigation before a court, you and BeReal consent to the exclusive jurisdiction of the courts of Paris and French law
all claims and disputes (whether contractual or otherwise), arising from or related to the Terms or the User Agreement, shall be submitted exclusively to the courts of Paris, France
unless prohibited by the laws of the country in which you reside
Recommendations
- Change venue to consumer's country of residence or at least a regional option
- Add explicit small claims court preservation
- Offer mediation as optional step before litigation
- Provide plain-language summary of dispute process
- Regional carve-outs: EU consumers in their home courts, US consumers in their state
- Clarify what disputes (if any) are excluded from litigation
- Add 30+ day opt-out window for any mandatory dispute terms
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.