Weighted across nine legal categories. Lower is worse.
Executive summary
Pinterest's free social platform provides reasonably clear terms with plain-language summaries and strong protections for EU/UK/Swiss consumers. However, non-exempt users face mandatory pre-dispute arbitration with class-action waivers, extremely broad content licensing to Pinterest with monetization rights but no user compensation, a liability cap of only $100 (unlimited for EU/UK), and termination rights with undefined criteria. The stark difference in protection for regional consumers suggests Pinterest can offer fair terms but chooses not to globally.
Category breakdown
1 of the nine categories are not addressed by this document, so they are left out rather than scored.
Acceptance of Terms & Scope
Contract formation and service boundaries
Terms are clearly presented with explicit scope covering all Pinterest services and incorporated policies. Age requirements are specified (13+, or country minimum, parental permission for ages 13-18). However, acceptance relies on browsewrap (accessing or using the service), which is standard but less explicit than clickthrough. Plain-language summaries provided throughout.
Key findings
- Age requirements clearly stated (13+, country-specific minimums, parental consent for 13-18)
- Scope defined as all Pinterest products and services owned or operated by company
- Related policies incorporated by reference (Community Guidelines, Advertising Guidelines, etc.)
- Plain English summaries provided alongside legal language
- Acceptance via continued use rather than explicit clickthrough consent
Evidence from the document
By accessing or using Pinterest, you agree to comply with and be bound by these Terms
Any use or access to Pinterest by anyone under the age of 13 is not allowed. If you are older than 13, you can use Pinterest if you are over the minimum age of consent in your country.
If you are 13 to 18, you may only use the Service with the permission of your parent or legal guardian.
Recommendations
- Consider requiring explicit checkbox consent for major policy sections during account creation
- Maintain the helpful plain-language summaries as a best practice
- Explicitly state how users can reject the terms and what happens if they do
User Accounts
Registration, suspension, and termination
Account provisions lack specificity on termination criteria. Termination can be for any violation of undefined terms, and restrictions on re-registration are broad (sole discretion, written permission). Appeal rights exist but are conditional (where appropriate). No explicit data export or preservation rights are mentioned. Security is mentioned but minimal.
Key findings
- Termination possible for any violation of Terms or policies without specific criteria
- Re-registration requires explicit written permission at Pinterest's sole discretion
- Appeal process exists but conditional on what Pinterest deems appropriate
- No clear timeline or notice requirements before termination (if not urgent)
- No explicit mention of data export, backup, or preservation rights before termination
- Users must provide accurate information and may not scrape or unauthorized access data
Evidence from the document
We may terminate or suspend your right to access or use Pinterest for any violation of these Terms
If we've previously disabled your account for violating these Terms, any of our policies or for legal reasons, you will not create a new Pinterest account without our express written permission, which is provided at our sole discretion
Where appropriate, we will provide you with written notice and you may appeal a decision you think was made in error
Recommendations
- Specify termination criteria explicitly rather than blanket any violation language
- Provide clear notice periods and appeal procedures (not conditional on appropriateness)
- Offer data export/download capabilities before account termination
- Define what constitutes appropriate grounds for denying re-registration
- Set reasonable timeframes for account deletion/data retention decisions
Intellectual Property & UGC
Content ownership and licensing
Users retain ownership of content but grant Pinterest an extremely broad license. The license is transferable, sublicensable, and includes monetization rights at user's expense (no compensation), with explicit language that users have no right to revenue. Derivative works and modifications are permitted. Content persists after deletion for copies shared with others. No attribution requirements found. This is significantly less consumer-friendly than comparable platforms.
Key findings
- Users retain ownership of User Content but license is non-exclusive, royalty-free, transferable, and sublicensable
- License explicitly includes right to monetize user content with no compensation or revenue share
- Pinterest can modify, create derivative works, and translate user content
- Content can be used to promote or redistribute Pinterest service itself
- Shared content copies persist after deletion: we and users may retain and continue using content
- No attribution or credit requirements specified for user content
- No user control over commercial exploitation of their content
Evidence from the document
By providing any User Content on the Service, you grant us and our affiliates and service providers, and our users, a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, publicly perform or display, reproduce, save, modify, create derivative works, monetize, download, translate and distribute your User Content
Nothing in these Terms: (i) entitles you to any payments or the right to share in any revenue from any monetization of User Content
We and our users may retain and continue to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute any of your User Content that you or other users have stored or shared on Pinterest
Recommendations
- Limit sublicensing rights or require user approval for sublicense grants
- Provide revenue-sharing model for commercially exploited user content
- Require clear attribution when user content is republished or featured
- Offer granular content controls for commercial vs personal use
- Provide meaningful data export before or after account deletion
- Add explicit opt-out for content being used in paid promotions
Data Privacy
Data collection, usage, and protection
The Terms reference but do not detail privacy practices; consumers are directed to the separate Privacy Policy. Section 1 mentions data is used for personalization and to show relevant ads. No consent mechanisms, opt-out options, or data minimization principles are described here. For a social platform, this is standard but the lack of detail in the T&C itself is a gap.
Key findings
- Privacy practices delegated to external Privacy Policy (not detailed in T&C)
- Personal data used for personalization and ad targeting
- Ads clearly labeled to users
- No explicit consent mechanisms or opt-out options described in T&C
- Data collection for recommendations mentioned but scope not detailed
- User privacy settings mentioned as available in Privacy Settings and Home Feed Tuner
Evidence from the document
To provide the Service, we need to be able to identify you and your interests, and we use your personal data to do this. For more information, please read our Privacy Policy
Your recommendations are mainly influenced by how you engage with our Service, the topics we think you're interested in and how interested you are in them, and what other users who share your similar characteristics and interests like
You can adjust how recommendations are made in your Privacy and Data Settings, and through your Home Feed Tuner
Recommendations
- Summarize key privacy practices within T&C, not just reference external policy
- Specify categories of data collected and retention periods
- Provide clear opt-out options for non-essential data processing
- Describe data sharing with third parties and affiliates
- Include commitments to security and breach notification
- Add regional variations for EU/UK GDPR and CCPA compliance
Limitation of Liability
Risk allocation and legal protection
Pinterest includes sweeping disclaimers and an extremely low $100 aggregate liability cap for all claims. The cap is unconscionable for a platform where user data and created content can have significant value. However, Pinterest expressly carves out EU/UK consumers from this cap, providing them with foreseeable damages standards instead. This demonstrates Pinterest can offer fair terms but doesn't globally.
Key findings
- Service provided as-is with no warranties of merchantability or fitness
- No liability for user-generated content accuracy or completeness
- Aggregate liability cap of only $100 for all claims (non-EU/UK consumers)
- Broad exclusion of indirect, consequential, and punitive damages
- No liability for service changes or suspensions
- EU/UK carve-out: Liability limited to foreseeable damages for material breaches only
- EU/UK carve-out: Excludes liability for non-material breaches, except statutory liability
- EEA/UK: Retains liability for negligence, willful misconduct, and specific promises
Evidence from the document
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages
In no event shall our aggregate liability for all claims relating to the Service exceed one hundred U.S. dollars (U.S. $100.00)
If we cause damage to you and you're a consumer in the EEA or UK, the above doesn't apply. Instead, Pinterest's liability will be limited to foreseeable damages arising due to a breach of material contractual obligations
Recommendations
- Increase liability cap to a reasonable amount proportional to user reliance on service
- Extend EEA/UK consumer protections globally
- Distinguish between liability for core service failures vs user content issues
- Provide clear recourse for data breaches or security failures
- Add specific liability protections for purchased content or paid features
Indemnification
Legal responsibility allocation
Pinterest includes a one-way indemnification clause but its scope is narrow: it applies only to commercial users who violate Section 2(c) by using Pinterest for commercial purposes without agreeing to the Business Terms. There is no reciprocal indemnity from Pinterest to users. Pinterest assumes its own costs but controls the defense. This is less egregious than broad indemnities but still unfavorable to users.
Key findings
- One-way indemnification from user to Pinterest only (no reciprocity)
- Narrowly scoped to commercial users violating Section 2(c)
- Triggered by commercial use without Business Terms agreement
- Includes attorney fees and related claims
- Covers Pinterest, Inc., Pinterest Europe Ltd., and their affiliates
- Pinterest reserves exclusive defense control at its own cost
- User must cooperate fully with Pinterest defense
- Indemnity survives account termination
Evidence from the document
If you use Pinterest for commercial purposes without agreeing to our Business Terms as required by Section 2(c) of these Terms, you agree to indemnify and hold harmless Pinterest, Inc., Pinterest Europe Ltd., and their affiliates from any claims (including reasonable attorney's fees) relating to your use of our Service
Pinterest reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will fully cooperate with Pinterest
Recommendations
- Add reciprocal indemnity for Pinterest IP infringement or service failures
- Limit indemnified parties to Pinterest Inc. only (exclude all affiliates)
- Add cap on indemnifiable damages or costs
- Require reasonable notice and settlement consultation before using indemnity
- Exclude claims arising from Pinterest's own negligence or misconduct
- Define reasonableness standard for cooperation and defense costs
Modification of Terms
How agreements can be changed
Pinterest promises notice of material changes before they take effect, and disputes are governed by the version in force when the dispute arose (prospective). However, materiality is undefined and left to Pinterest's sole discretion. Continued use constitutes acceptance rather than requiring affirmative agreement. No explicit right to reject and exit with refund. No mention of archived versions or changelog.
Key findings
- Promise to notify of material changes before they take effect
- Materiality determination left to Pinterest sole discretion
- Continued use after update constitutes binding acceptance
- Disputes governed by version in force at dispute time (prospective)
- Current version always posted on website
- No explicit right to reject changes or exit with pro-rated refund
- No opt-out window specified for new terms
- No archived versions or changelog requirement mentioned
Evidence from the document
We may revise, add, or remove any or all portions of these Terms from time to time and the most current version will always be posted on our website. Unless otherwise required by law, we'll notify you of any material changes to these Terms before any update enters into effect
Your continued access to or use of Pinterest after such an update constitutes your binding acceptance of such changes
Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose
Recommendations
- Define material change (e.g., changes affecting payment, privacy, dispute resolution)
- Provide specific notice method (email to registered address) with timeline
- Offer 30+ day window to review before changes take effect
- Add right to terminate account before effective date without penalty
- Publish version history and maintain archived versions online
- Exclude material changes from continued-use acceptance; require affirmative re-acceptance
- Clarify that users can exercise existing rights using old terms after notification
Governing Law & Disputes
Jurisdiction and conflict resolution
Non-exempt users face mandatory pre-dispute arbitration with class-action waivers and jury trial waivers, governed by California law with exclusive venue in San Francisco County or Northern District of California. A 60-day informal resolution period is required first. However, Pinterest carves out EEA/Switzerland/UK consumers from arbitration entirely, letting them sue in home courts under home law. The batched arbitration provision could delay individual claims. Small claims court is preserved for qualifying claims.
Key findings
- Mandatory informal dispute resolution (60-day notice and response period) before arbitration
- Mandatory binding arbitration for all disputes except for EEA/Switzerland/UK consumers
- Class action waiver paired with jury trial waiver
- Disputes must be brought in individual capacity only
- Arbitration administered by AAA under AAA rules
- Arbitrator issues reasoned written decision
- Batched arbitration: 25+ similar claims filed within 60 days consolidate into single arbitration per batch
- Batching could delay individual claim resolution for years
- Small claims court carve-out for qualifying claims
- Fee allocation under AAA rules; frivolous claims may be assessed against claimant
- EEA/Switzerland/UK exemption: No arbitration, disputes in home country courts under home law
- Non-EU cases: California law, San Francisco/Northern District venue, no small claims carve-out mentioned for non-US residents
Evidence from the document
For any dispute you have with us, you agree to first contact us and try to resolve the dispute informally
You and Pinterest are each waiving the right to a trial by jury or to participate in a class action
All disputes must be brought in the party's individual capacity, and not as a member in any class or representative proceeding
If 25 or more similar arbitration demands are filed within a 60-day period or with the assistance of the same law firm or group of law firms, AAA will consolidate the arbitration demands
If you are a consumer in the EEA, Switzerland, or the United Kingdom (UK), Section 11 doesn't apply to you. [EEA/UK governed by home country law and courts]
Recommendations
- Extend EEA/UK consumer exemptions to all consumer users globally
- Allow consumer election of arbitration rather than mandate
- Remove class action waiver or make it severably severable from arbitration
- Specify who pays AAA filing and administration fees upfront
- Add reasonableness limit on batching consolidation
- Preserve consumer access to small claims courts globally
- Add opt-out window for arbitration clause (30+ days after signup)
- Limit arbitration scope to disputes about service, excluding IP or statutory claims
- Allow remote or documents-only arbitration hearings
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.