Mozilla Data Collective Terms of Use
Last Updated: September 16, 2025
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
These Mozilla Data Collective Terms of Use (the “Terms”) govern your access to and use of the Mozilla Data Collective online data sharing platform and marketplace, and related services (collectively, the “Platform”) made available by Mozilla Foundation, or any of its subsidiaries and affiliates (“Mozilla”, “we”, “our”, or “us”).
These Terms form a legally binding agreement between Mozilla and the person or entity that registers for, access or uses the Platform or any Dataset (defined below) (“you” or “End User”). If you are an individual accepting these Terms on, and accessing and/or using Dataset for, your own behalf, “you” and “End User” means you personally. If you are accepting these Terms, and accessing and/or using Datasets, on behalf of a company, organization or other legal entity, then (a) “you” and “End User” means that entity, and (b) you represent and warrant that you have the authority to bind such entity to these Terms.
Except for Section 15 which provides for binding arbitration and waiver of class action rights, we reserve the right to modify these Terms at any time in our sole discretion. Any such modification will be effective upon the posting of the modified Terms, so we encourage you to check back here from time to time for any such modifications. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification via email or otherwise notifying you when you are logged into your account. Your continued use of the Platform following the effective date of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the new Terms, do not use the Platform.
1. ELIGIBILITY & ACCESS.
a. Platform Purpose. The Platform operates as an online data sharing platform and marketplace to enable third-party data providers (“Data Providers”) to list, describe, and provide access to their datasets, which may include voice recordings, audio and text data, numbers, images, documents, video, geospatial data, and other computer vision and/or multimodal datasets (each, a “Dataset”) for use by approved end users (“End Users”). The Platform facilitates the discovery, access, and, where applicable, hosting and delivery of Datasets, but we do not license or sell Datasets to you.
b. Acceptance of Terms. By accessing or using the Platform, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by these Terms or any provisions hereof, please do not access or use the Platform.
c. Use and Eligibility. You may only use the Platform if you can form a binding contract with Mozilla (either on behalf of yourself or the entity you represent), and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By accessing or using the Platform, including by registering a User Account (defined below), you represent and warrant that (A) you are at least 18 years of age, (B) you will use the Platform in accordance with the Agreement and all applicable local, state, national and international laws, rules and regulations, and (C) if registering on behalf of a company, organization or other entity, you are an authorized representative of the entity and have the authority to bind such entity to these Terms. The Platform is not available to any users previously removed from the Platform by Mozilla.
d. End User Account. In order to use the Platform, you will be required to register for an account (“End User Account”) on behalf of yourself or, if applicable, on behalf of any entity for which you are authorized to act. You are responsible for ensuring that (A) all required registration information you submit is truthful and accurate, and (B) your contact information is current. You are solely responsible for maintaining the confidentiality and security of your End User Account login information. You agree not to share your login credentials or access to your End User Account with anybody. We are not liable for any losses incurred by you or any party as a result of unauthorized use of your End User Account. You agree to notify us immediately of any unauthorized use of your End User Account.
e. End User License Terms. All licenses for access to and use of Datasets are granted to you directly by the applicable Data Provider, under that Data Provider’s license terms for such Dataset (“End User License”). In order to access or download a Dataset, you must first review and accept the applicable End User License provided by the Data Provider. Your rights to use any Dataset are solely as granted in that End User License.
f. Supplemental Dataset Use Terms. If you access or use a Dataset through the Platform, such access and use is also subject to the additional terms set forth in Appendix 1 (Additional Dataset Use Terms). These Additional Dataset Use Terms are incorporated by reference into and form part of these Terms. The Additional Dataset Use Terms apply to each Dataset in addition to, not in lieu of, the applicable End User License.
2. USE OF THE PLATFORM.
a. Permitted Use of the Platform. Subject to these Terms and all applicable laws, you may use the Platform for the limited purpose of discovering, accessing and downloading Datasets made available by Data Providers.
b. Prohibited Uses. In using the Platform, you agree that you shall not, and shall not encourage, assist or enable any other third party to: (i) reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, or a Dataset (except as expressly permitted in the End User License) on the Platform; (ii) engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation; (iii) engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, or otherwise violates any law or right of Mozilla, its End Users, its Data Providers, or any third party, including privacy rights, copyrights, or other intellectual property rights; (iv) remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Platform, or on any materials printed or copied from the Platform; (vi) copy, distribute, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”; (vii) access, copy, download or use a Dataset outside the scope of your End User License; (viii) decompile, analyze, or otherwise attempt to determine, trace, match the identity of, or re-identify the individual contributor or source of any data contained in any Dataset; (ixviii) copy, scrape, download or otherwise acquire any Dataset or portion thereof from the Platform for the purpose of (A) mirroring, duplicating or reproducing the Dataset in whole or in substantial part, or (B) hosting, storing or making the Dataset available on any platform, server or repository other than the Platform, except as expressly permitted under the applicable End User License for that Dataset, or (C) replicating a website or service that is similar or competitive to the Platform; (xviii) use automated tools, bots, crawlers or similar technologies to systematically access, extract or index Dataset with the intent to republish or redistribute them outside of the Platform; (ixi) circumvent or bypass any technical measures that control access to a Dataset or limit their download, reproduction or redistribution; (x) take action that imposes, or may impose, in the discretion of Mozilla, an unreasonable or disproportionately large load on the Mozilla infrastructure; (xii) collect or harvest any personal data from the Platform; (xiii) resell or make any commercial use of the Platform except as authorized hereunder without our prior written consent; (xivii) interfere with the proper working of the Platform; (xiv) access any content on the Platform through any technology or means other than those provided or authorized by the Platform; or (xvi) access the Platform to build a similar or competitive website, application, product, or service.
c. Security Obligations. You agree to implement and maintain reasonable safeguards to protect the Dataset against unauthorized access, use or disclosure.
d. Off-Platform Engagement. You may not engage in off-Platform communications, interactions or transactions with Data Providers in order to circumvent these Terms, or any applicable payment requirements.
3. INTELLECTUAL PROPERTY.
a. Platform License Grant. Subject to the terms and conditions herein, we grant you a limited, revocable, non-sublicensable, non-exclusive, non-transferable, non-assignable license to access and use the Platform solely for the permitted uses described herein.
b. Rights in the Platform. As between you and Mozilla, the Platform, including without limitation any technology, interface, content (excluding Datasets), graphics, sound, artwork, software, computer code, logos, patents, trademarks, service marks, copyrights, and all the intellectual property rights therein or relating thereto, and any derivative works, modifications or improvements of any of the foregoing are and shall remain the exclusive property of Mozilla. Mozilla reserves all rights in the Platform not expressly granted herein.
c. Rights in the Data. All rights in the Dataset remain exclusively with the applicable Data Provider (or its licensors, as applicable). You obtain only those rights expressly granted in the applicable End User License.
d. Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Platform or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us you grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, copy, modify, distribute and incorporate the Feedback into the Platform and our products, services and documentation, in any form and for any purpose (including commercial purposes). Mozilla has no obligation to do anything with Feedback, but if we do, we may do so without notice, acknowledgement or compensation to you. For clarity, the foregoing license does not affect your (or your licensors’) ownership of any pre-existing intellectual property in your own products, services or Dataset that may be included in the Feedback.
5. DISCLAIMERS.
a. Warranty Disclaimer. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED WITHOUT WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM, AND MOZILLA HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOZILLA, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
b. No Endorsement or Guarantee. We provide the Platform as a technical and administrative infrastructure to facilitate the listing, discovery, hosting (if applicable), and/or access to Datasets by End Users. We may, in our sole discretion, conduct limited vetting of Data Providers, but we do not endorse, or guarantee the accuracy, completeness, legality, or quality of Datasets. We reserve the right, but are not obligated, to review and/or screen a Dataset prior to its inclusion on the Platform. You remain solely responsible for evaluating the suitability of a Dataset for your intended use.
c. Dataset Disclaimer. We are not responsible, and expressly disclaim liability, for: (i) any damages, claims or liabilities arising from your access to, download or use of a Dataset; or (ii) the availability, accuracy, completeness, legality, quality or appropriateness of a Dataset.
6. MODIFICATION, SUSPENSION AND TERMINATION.
a. Modification. Mozilla reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof), with or without notice. Except as otherwise expressly stated in these Terms, you agree that Mozilla shall not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Platform.
b. Account Suspension or Termination. We may limit, suspend or terminate your End User Account or access to the Platform: (i) if you breach these Terms or applicable End User Licenses; (ii) to comply with applicable laws or legal obligations; or (iii) if necessary to protect the integrity of the Platform. Upon termination, you must immediately cease using the Platform, and, subject to the applicable End User License, and Datasets, and, subject to the applicable End User License, delete or destroy all copies of Datasets in your possession.
c. Account Cancellation. You may cancel your use of the Platform and/or terminate your End User Account at any time by writing to mozilladatacollective@mozillafoundation.org. Please see our Privacy Policy for information regarding data deletion requests following End User Account cancellation or termination.
7. FEES.
a. Data Provider Fees. Data Providers may choose to charge fees for access to and use of their Dataset. You agree to pay any such fees directly to the Data Provider, in accordance with their terms.
b. Platform Fees. As of the Last Updated date set forth above, we do not charge fees for use of the Platform; however, we reserve the right to charge a separate platform service fee for use of the Platform in connection with your access to a Dataset (“Platform Fee”). If applicable, the amount and structure of the Platform Fee will be disclosed to you prior to your purchase of any Dataset.
c. Payment Processing. Payment of any Platform Fees may be facilitated through our payment processor. By submitting your payment information, you authorize us and/or our payment processor to process all transactions related to your access to a Dataset and you represent and warrant that you have the legal right and authorization to utilize such payment method.
d. Taxes. You are responsible for all applicable taxes, duties and similar charges arising from your payments under these Terms.
8. INDEMNIFICATION. You agree at your own expense, to indemnify, defend, and hold harmless Mozilla and its affiliates, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) incurred in, arising out of or in any way related to: (i) your breach of these Terms or any End User License; (ii) your (or via any other user’s use of your End User Account) use of or access to the Platform; (iii) any dispute between you and any Data Provider; (iv) your violation of any applicable law, rule or regulation; and (v) your negligence or willful misconduct.
9. LIMITATION OF LIABILITY.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOZILLA, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE AGREEMENT, YOUR USE OF THE PLATFORM, OR FOR ANY DATASET, INFORMATION, AND SOFTWARE OBTAINED THROUGH THE PLATFORM, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NON-PERFORMANCE BY MOZILLA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MOZILLA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOZILLA, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES OR DAMAGES HEREUNDER IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO MOZILLA DURING THE TWELVE (12) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR THE DURATION OF YOUR USE OF THE PLATFORM, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
10. THIRD-PARTY WEBSITES. The Platform may contain links to third-party materials or websites that are not owned or controlled by Mozilla. Mozilla does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or Platform. If you access a third-party website or service from the Platform or share your information or data on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Mozilla's Privacy Policy do not apply to your use of such sites. You expressly relieve Mozilla from any and all liability arising from your use of any third-party website, service, or content, including without limitation content, data, information and/or materials submitted by other users.
11. DMCA NOTICE. Mozilla is committed to complying with U.S. copyright and related laws, and all Platform users must comply with these laws. Accordingly, our users (including you, other End Users, and Data Providers) may not disseminate any material or content using the Platform in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to terminate the rights of any user to access the Platform when we determine that they are repeat infringers.
If you believe that your work has been used in a way that constitutes copyright infringement, please provide the following information to the Mozilla Copyright Agent:
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site or other Platform;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on such owner’s behalf.
The Mozilla Copyright Agent can be reached as follows: Mozilla’s Designated DMCA Agent (Copyright Agent) 149 New Montgomery St. 4th Floor San Francisco, CA 94105 phone: +1 650-903-0800 email: dmcanotice@mozilla.com
If we remove or disable access in response to such a notice, or plan to, we may forward your notice and related communications to the user responsible for the content so that they can object to your request.
13. THIRD-PARTY DISPUTES AND RELEASE. You agree that you are solely responsible for your interactions, communications and transactions with any Data Provider, other End Users or other third party (each, a “Third-Party”) in connection with the Platform, and any disputes arising therefrom. Mozilla will have no liability or responsibility with respect thereto. Mozilla reserves the right, but has no obligation, to monitor and/or become involved in any way with such disputes. To the fullest extent permitted by law, you hereby release and forever discharge Mozilla, our affiliates and our respective officers, directors, employees, contractors and agents from any and all claims, demands, liabilities, damages, losses, costs and expenses, whether known or unknown, arising out of or relating to any dispute between you and a Third-Party.
14. COMPLIANCE OBLIGATIONS. You represent and warrant that you (i) will comply with all applicable laws, including data protection, intellectual property, export control and sanctions laws, in your use of the Platform and the Dataset; and (ii) are not a prohibited or restricted party under applicable trade sanctions.
15. ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.
INFORMAL DISPUTE RESOLUTION
Most disputes between you and Mozilla arising from or relating to the Services or these Terms of Use (“Disputes”) can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration, except as set forth in the Exceptions paragraph below (“Informal Dispute Resolution”). This requires emailing mozilladatacollective@mozillafoundation.org a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with Mozilla; (3) a detailed description of the issue; and (4) how you’d like to resolve it. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to mozilladatacollective@mozillafoundation.org, while the parties attempt informal resolution.
The Written Notice must be provided on an individualized basis and you and Mozilla agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.
If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Mozilla agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.
AGREEMENT TO ARBITRATE.
Either party may initiate binding arbitration as the sole means to resolve disputes, subject to the terms and conditions of this Section, through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).
The parties agree that this Arbitration Agreement is made pursuant to a transition in commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.
In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all disputes between you and Mozilla arising from or relating to the Platform or the Agreement, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement (together, “Disputes”).
Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and Mozilla further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.
WAIVER OF RIGHTS INCLUDING JURY TRIAL.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THE AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT, YOU AND MOZILLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.
YOU AND MOZILLA ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF MOZILLA PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.
With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Mozilla shall be entitled to arbitrate the dispute in question.
This provision does not prevent you or Mozilla from participating in a class-wide settlement of claims.
Arbitration Rules. Except as modified by this Arbitration Agreement, NAM will administer any arbitration in accordance with the NAM “Comprehensive Dispute Resolution Rules and Procedures,” “Fees For Disputes When One of the Parties is a Consumer,” and the “Mass Filing Supplemental Dispute Resolution Rules and Procedures” in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions (“NAM Rules”). The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Department at commercial@namadr.com.
Except where prohibited by applicable law, the arbitrator shall apply the law of the State of California without giving effect to any law that would result in the applicable of the law of any other jurisdiction. You and Mozilla agree that dispositive motions will be allowed in the arbitration.
If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and Mozilla submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.
Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements.
Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and Mozilla agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in San Francisco, California.
Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against Mozilla within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by Mozilla and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with Mozilla and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and Mozilla agree that NAM may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.
This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a NAM mediator selected from a group of five mediators proposed by a NAM, with Mozilla and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. Mozilla, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Mozilla or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Mozilla nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.
Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:
Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) shall be exclusively brought in the state and federal courts located in the State of California.
Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: mozilladatacollective@mozillafoundation.org. The notice must be sent within 30 days of September 16, 2025 or your first use of the Platform, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, Mozilla also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of this Terms and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law.
Changes to this Arbitration Agreement. Mozilla will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Platform after the 30th day, you agree that any unfiled claims of which Mozilla does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If Mozilla changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Platform 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to mozilladatacollective@mozillafoundation.org before the 30-day period expires.
Disputes not Subject to Arbitration.
For any dispute not subject to arbitration you and Mozilla agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND MOZILLA THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Jury Trial Waiver
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND MOZILLA AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND MOZILLA UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR USE OF THE PLATFORM.
16. MISCELLANEOUS.
a. Entire Agreement. These Terms, the Privacy Policy and any other policies or guidelines referenced within these Terms constitute the entire agreement between you and Mozilla, and supersede any prior and contemporaneous agreements between you and Mozilla on the subject matter.
b. Relationship of the Parties. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Mozilla. We act solely as a service provider facilitating interactions between you and Data Providers.
c. Force Majeure. Under no circumstances will Mozilla be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
d. No Waiver. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and Mozilla’s failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
e. Severability. Each of the provisions of the Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect. In the event that any provision is deemed unlawful or unenforceable, the parties agree that such provision shall be modified or amended by the court or relevant authority to the extent necessary to render it enforceable, in accordance with the intent of the original provision. The modified provision shall be interpreted so as to reflect the original intent of the parties as closely as possible, while remaining compliant with applicable law.
f. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Mozilla. These Terms may be assigned by Mozilla without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17. CONTACT & SUPPORT. If you wish to contact us or have any questions or concerns related to these Terms or your use of the Platform, please (1) email us at mozilladatacollective@mozillafoundation.org, or (2) contact us by U.S. Mail at Mozilla Foundation, Attn: Mozilla Data Collective, 149 New Montgomery Street, 4th Floor, San Francisco, CA 94105, USA.
APPENDIX 1
Supplemental Dataset Use Terms
No Dataset Liability. End User acknowledges and agrees that Mozilla is not a party to the End User License, is not a licensor of the Dataset, and has no liability whatsoever in connection with the Dataset or End User’s use of the Dataset.
Compliance with Laws. End User shall, at all times, comply with all applicable laws, rules, and regulations in connection with its access to and use of the Dataset, including without limitation all data protection, privacy, and export control laws.
No Infringement. End User shall not use the Dataset in any manner that infringes, misappropriates, or otherwise violates any intellectual property rights, proprietary rights, rights of publicity or privacy, or any other rights of any third party.
Indemnification. End User shall indemnify, defend, and hold harmless Mozilla, and its affiliates, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to End User’s use of the Dataset, including without limitation any breach of the End User License by End User.
Permitted and Prohibited Uses of Dataset. End User may use the Dataset solely for purposes set forth in the End User License. End User shall not use the Dataset for any other purpose.
Disclaimer of Warranties. The Dataset and the Platform are provided “as is” and “as available.” Mozilla disclaims all warranties, express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Liability. To the maximum extent permitted by applicable law, Mozilla shall have no liability to End User under the End User License, whether in contract, tort, or otherwise, for any damages arising out of or relating to the Dataset or the End User License.
Dataset Misuse and Enforcement. End User shall not, and shall not permit any third party to, bypass or attempt to bypass any security, technical, or access controls relating to the Dataset; scrape, mirror, or redistribute the Dataset; or otherwise misuse the Dataset. End User shall cooperate fully with Mozilla, where applicable, in any investigation or enforcement action relating to unauthorized use of the Dataset.
Acceptable Use. End User shall not use the Dataset for any illegal, harmful, abusive, harassing, discriminatory, or otherwise objectionable purpose.
Synthetic Dataset and Model Outputs. End User shall ensure that any synthetic data, derivative datasets, or model outputs generated using the Dataset (a) do not contain personal data, copyrighted material without authorization, harmful or unlawful speech, or other prohibited content, and (b) are clearly disclosed to downstream users as machine-generated.
Dataset Quality and Accuracy. End User acknowledges and agrees that the Dataset may contain errors, omissions, or inaccuracies; is provided for informational purposes only; and shall not be relied upon as the sole basis for any decision-making. End User is solely responsible for verifying the accuracy, reliability, and appropriateness of the Dataset for its intended use.
Data Provider Terms of Use
Last Updated: September 16, 2025
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
These Data Provider Terms of Use (the “Terms”) govern your access to, use of and participation in Mozilla Data Collective, the online data sharing platform and related services (collectively, the “Platform”) made available by Mozilla Foundation, or any of its subsidiaries and affiliates (“Mozilla”, “we”, “our”, or “us”).
These Terms are a legally binding agreement between Mozilla and the person or entity registering as a data supplier (“you” or “Data Provider”). If you are entering into these Terms on behalf of a company, organization or similar entity, you are agreeing to these Terms for that entity and representing that you have the authority to bind such entity to these Terms.
Except for Section 15 which provides for binding arbitration and waiver of class action rights, we reserve the right to update or modify these Terms from time to time in our discretion, including as required for legal, regulatory, security, or compliance reasons. If we make material changes that affect your rights or obligations in a manner reasonably likely to be detrimental to you, we will provide you with advance notice of such changes by reasonable means (such as email or notification when you log in to your account). We will not make material changes that unreasonably or disproportionately disadvantage you as a Data Provider without your prior consent, except where such changes are necessary to comply with applicable law or regulation. Your continued use of the Platform following the effective date of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the new Terms, do not use the Platform.
1. GENERAL
a. Acceptance of Terms. By accessing or using the Platform, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by these Terms or any provisions hereof, please do not access or use the Platform.
b. Use and Eligibility. You may only use the Platform if you can form a binding contract with Mozilla (either on behalf of yourself or the entity you represent), and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By accessing or using the Platform, including by registering a User Account (defined below), you represent and warrant that (A) you are at least 18 years of age, (B) you will use the Platform in accordance with the Agreement and all applicable local, state, national and international laws, rules and regulations, and (C) if registering on behalf of a company, organization or other entity, you are an authorized representative of the entity and have the authority to bind such entity to these Terms. The Platform is not available to any users previously removed from the Platform by Mozilla.
c. Data Provider Account. In order to use the Platform, you will be required to register for an account (“Account”) on behalf of yourself and/or on behalf of any entity or individual for which you are registering. You are responsible for ensuring that (A) all required registration information you submit is truthful and accurate, and (B) your contact information is current. You are solely responsible for maintaining the confidentiality and security of your Account login information. You agree not to share your login credentials or access to your Account with anybody or to create more than one Account (except to the extent you are registering on behalf of yourself as an individual Data Provider, and separately, on behalf of an entity). We are not liable for any losses incurred by you or any party as a result of unauthorized use of your Account. You agree to notify us immediately via email to mozilladatacollective@mozillafoundation.org of any unauthorized use of your Account.
2. DATA SUPPLIER RIGHTS AND OBLIGATIONS.
a. Permitted Use of the Platform. We operate the Platform as an online data sharing platform and marketplace that enables data suppliers to list, describe and provide access to their datasets, which may include, without limitation, voice recordings, audio and text data, numbers, images, documents, video, geospatial data, and other computer vision and/or multimodal datasets (the “Datasets”) for lawful use by certain third-party users (“End Users”). The Platform facilitates the discovery, access, and, where applicable, the hosting and delivery of Datasets, but does not itself license your Dataset to End Users – all licensing occurs directly between you and the End User under your chosen license terms. Subject to your continued compliance with these Terms and all applicable laws, you may use the Platform to: (i) list and describe your Dataset, (ii) provide Hosted Data to use for access by End Users via the Platform or, subject to available functionality in the Platform, provide access to Externally-Hosted Data, as applicable, (iii) define the license terms applicable to your Dataset (subject to Section 2(b) below), and (iv) engage with End Users of your Dataset.
b. End User License. You are solely responsible for licensing your Dataset directly to End Users under your own license terms (“End User License”). You acknowledge and agree that your End User License with each End User is solely between you and that End User, and we are not a party to, and will have no responsibility or liability under, any such End User License.
c. End User Disputes and Release. Your sole recourse for any breach or violation by an End User of your End User License, or for any other dispute, is against the applicable End User. You agree that you are responsible for enforcing your End User License against End Users and addressing any breach of your End User License; however, you agree to provide us prompt notice of any breach, or suspected breach, of your End User License by an End User so that we may pursue any remedies available to us with respect to End User’s access to and use of the Platform. For the avoidance of doubt, we reserve the right, but have no obligation, to monitor End User compliance with your End User License, or to take any enforcement action on your behalf. To the fullest extent permitted by law, you hereby release and forever discharge Mozilla, our affiliates and our respective officers, directors, employees, contractors and agents from any and all claims, demands, liabilities, damages, losses, costs and expenses, whether known or unknown, arising out of or relating to any End User’s breach of the End User License or any dispute between you and an End User.
d. No Endorsement or Guarantee by the Platform. We provide the Platform as a technical and administrative infrastructure to facilitate the listing, discovery, hosting (if applicable), and/or access to your Data by End Users. We do not endorse, or guarantee the accuracy, completeness, legality, or quality of your Data; however, we reserve the right to review and/or screen Data prior to its inclusion on the Platform.
e. Data Provider Warranties. You represent and warrant that: (i) you have all rights, licenses, permissions and consents necessary to upload, make available and license the Dataset to End Users through the Platform; (ii) your Dataset does not infringe, misappropriate or violate any copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy or publicity, or any other rights of any third-party; (iii) you have obtained all legally-required consents for the use, disclosure and processing of any personal data (as such term is defined under applicable privacy and data protection laws) contained in your Dataset; (iv) your Dataset has been collected, processed and prepared in accordance with appropriate ethical standards and safeguarding protocols, and consistent with generally-accepted best practices, including without limitation: (A) ensuring participants, contributors or data subjects were treated fairly, respectfully and in a manner consistent with applicable ethical guidelines; (B) implementing measures to protect vulnerable individuals or groups, and to prevent exploitation, abuse or harm in the data collection process; and (c) complying with applicable laws, regulations, and industry best practices regarding research ethisc, human subjects and safeguarding; and (iv) your Dataset and your collection thereof, and your submission of your Dataset to the Platform, complies with all applicable laws and regulations, including privacy and data protection laws.
f. Hosted Data. If you choose to store Dataset on our servers (“Hosted Dataset”), you grant us, our affiliates and service providers an exclusive (unless otherwise agreed to), worldwide, royalty-free license to collect, store, maintain, reproduce, host, and transmit your Hosted Dataset solely as necessary to operate the Platform and provide access to Hosted Dataset to your End Users under your license terms. If you wish to be excluded from the exclusivity component of this licensing obligation, you must provide written notice to us at mozilladatacollective@mozillafoundation.org and wait for a response.
g. Externally-Hosted Dataset. If you store your Dataset on third-party servers (“Externally-Hosted Dataset”), you remain solely responsible for hosting, availability, and security of the Externally-Hosted Dataset. We may provide access facilitation or linking to the Externally-Hosted Dataset, but do not take possession of the Externally-Hosted Dataset.
h. Platform Disclaimers. We are not responsible, and expressly disclaim liability, for: (i) ensuring that End Users comply with your license terms, or monitoring or enforcing any use restrictions you place on your Dataset; (ii) any damages, claims or liabilities arising from use of your Dataset; or (iii) verifying the accuracy, completeness, legality, quality or appropriateness of your Dataset.
3. DATA PROVIDER RESTRICTIONS.
a. Prohibited Uses of Platform. In using the Platform, you agree that you shall not, and shall not encourage, assist or enable any other third party to: (i) reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, or data not provided to the Platform by you that is found on the Platform; (ii) engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation; (iii) engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, or otherwise violates any law or right of Mozilla, its End Users, or any third party, including privacy rights, copyrights, or other intellectual property rights; (iv) remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Platform, or on any materials printed or copied from the Platform; (v) copy, distribute, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”; (vi) copy, scrape, download or otherwise acquire any Dataset or portion thereof, not provided by you, from the Platform for the purpose of (A) mirroring, duplicating or reproducing the Dataset in whole or in substantial part, (B) hosting, storing or making the dataset available on any platform, server or repository other than the Platform, or (C) replicating a website or service that is similar or competitive to the Platform; (vii) use automated tools, scripts, bots, crawlers or similar technologies to systematically access, extract or index Datasets with the intent to republish or redistribute them outside of the Platform; (viii) circumvent or bypass any technical measures that control access to Datasets or limit their download, reproduction or redistribution; (ix) take action that imposes, or may impose, in the discretion of Mozilla, an unreasonable or disproportionately large load on the Mozilla's infrastructure; (x) collect or manually harvest any personal data, outside of any permitted use, as applicable, hereunder, from the Platform; (xi) resell or make any commercial use of the Platform except as authorized hereunder without our prior written consent; (xii) interfere with the proper working of the Platform; (xiii) access any content on the Platform through any technology or means other than those provided or authorized by the Platform; or (xiv) access the Platform to build a similar or competitive website, application, product, or service.
b. Prohibited Data Content. Except as expressly approved in writing by Mozilla under the exception approval process described in Section (c) below, you must not upload, transmit, link to, or otherwise make available on or through the Platform any Dataset that contains or consists of any of the following: (i) personally-identifiable information (“PII” or “personal data”), (ii) content or data that could reasonably be used to create biometric identifiers or biometric information, (iii) protected health information (“PHI”), (iv) any personal data relating to individuals under the age of 18 (or the age of majority in the applicable jurisdiction), (v) copyright- or IP-infringing material), (vi) toxic, hateful or harassing content, (vii) unlawful or harmful material, (viii) malware or harmful code, (ix) any Dataset that is subject to the U.S. ITAR or other defense/military-specific controls, or (ix) any Data that requires us to obtain any license or other governmental authorization.
c. Exception Approval Process. If you seek to upload a Dataset that contains data elements listed in Section 3(b) above for legitimate purposes (such as for research or training lawful AI/ML models), you must submit a written request to Mozilla at mozilladatacollective@mozillafoundation.org describing: (i) the nature of the Dataset, (ii) the lawful basis for its inclusion on the Platform, (iii) all applicable consents, licenses and/or permissions obtained, and (iv) the safeguards you have implemented to protect the rights and safety of affected individuals. Mozilla may, in its sole discretion, approve or deny such requests and may impose additional conditions, such as access restrictions, anonymization or specific security requirements. Any approval must be in writing and is valid only for the specific Dataset and use case described in your request.
d. Dataset Removal and Enforcement. We may remove or restrict access to Hosted Dataset, or restrict or disable access to Externally-Hosted Dataset, at any time, with or without notice, if we believe such Dataset violates this Section 3. You remain solely responsible for any claims, damages, liabilities or regulatory actions arising from your Dataset.
e. Off-Platform Engagement. You may not engage in off-Platform communications, interactions or transactions with End Users in order to circumvent these Terms, or any applicable payment requirements.
4. INTELLECTUAL PROPERTY.
a. Platform License Grant. Subject to the terms and conditions herein, we grant you a limited, revocable, non-sublicensable, non-exclusive, non-transferable, non-assignable license to access and use the Platform solely for the permitted uses described herein.
b. Rights in the Platform. As between you and Mozilla, the Platform, including without limitation any technology, interface, content (excluding Datasets), graphics, sound, artwork, software, computer code, logos, patents, trademarks, service marks, copyrights, and all the intellectual property rights therein or relating thereto, and any derivative works, modifications or improvements of any of the foregoing are and shall remain the exclusive property of Mozilla. Mozilla reserves all rights in the Platform not expressly granted herein.
c. Rights in the Dataset. As between Data Provider and Mozilla, Data Provider (or its licensors, as applicable) owns the Dataset. Mozilla does not obtain any ownership rights in the Dataset.
d. Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Platform or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, copy, modify, distribute and incorporate the Feedback into the Platform and our products, services and documentation, in any form and for any purpose (including commercial purposes). Mozilla has no obligation to do anything with Feedback, but if we do, we may do so without notice, acknowledgement or compensation to you. For clarity, the foregoing license does not affect your (or your licensors’) ownership of any pre-existing intellectual property in your own products, services or Datasets that may be included in the Feedback.
5. WARRANTY DISCLAIMER. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED WITHOUT WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM, AND MOZILLA HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOZILLA, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
6. DATA SECURITY.
a. Security Measures. Mozilla will implement and maintain administrative, physical, and technical safeguards that: (i) meet or exceed industry standards for the type, sensitivity, and volume of the Dataset you provide; (ii) protect against unauthorized access to, or use, destruction, loss, alteration, or disclosure of, the Dataset; and (iii) comply with all applicable privacy, data protection, and information security laws and regulations. These safeguards include:
Access controls
Encryption of the Dataset at rest and in transit
Regular vulnerability scanning and patching
Secure software development and deployment practices
Logging and monitoring of access and system activity
Comprehensive business continuity and disaster recovery plans
b. Hosting Responsibility. For Hosted Datasets, you remain responsible for ensuring your Dataset is encrypted in accordance with generally accepted industry standards and free from malicious code before uploading or transmitting to the Platform, and for configuring access controls consistent with your End User license terms. For Externally-Hosted Datasets, you are solely responsible for the security, availability and access controls for such Dataset and the hosting environment, and must ensure the hosting environment meets the security requirements set out in 6(a) above.
7. MODIFICATION, SUSPENSION AND TERMINATION.
a. Modification. Mozilla reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof), with or without notice. Except as otherwise expressly stated in these Terms, you agree that Mozilla shall not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Platform.
b. Account Suspension or Termination. We may limit, suspend or terminate your Account or access to the Platform: (i) if you breach these Terms; (ii) to comply with applicable laws or legal obligations; or (iii) if necessary to protect the integrity of the Platform.
c. Account Cancellation. You may cancel your use of the Platform and/or terminate your Account at any time by emailing us at mozilladatacollective@mozillafoundation.org. Please see our Privacy Policy for information regarding data deletion requests following Account cancellation or termination.
8. FEES. Mozilla does not currently facilitate payments to you by End Users for access to and use of the Dataset; however, Mozilla may in the future make available certain payment functionality as part of the Platform upon notice to you.
9. INDEMNIFICATION. You agree at your own expense, to indemnify, defend, and hold harmless Mozilla and its affiliates, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) incurred in, arising out of or in any way related to: (i) your breach of these Terms; (ii) your (or any other user’s use of your User Account) use of or access to the Platform; (iii) any dispute between you and any End User; (iv) your violation of any applicable law, rule or regulation; (v) a Security Incident; and (vi) your negligence or willful misconduct.
10. LIMITATION OF LIABILITY.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOZILLA, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE AGREEMENT, YOUR USE OF THE PLATFORM, OR FOR ANY DATASET, INFORMATION, AND SOFTWARE OBTAINED THROUGH THE PLATFORM, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NON-PERFORMANCE BY MOZILLA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MOZILLA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOZILLA, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES OR DAMAGES HEREUNDER IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO MOZILLA DURING THE TWELVE (12) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR THE DURATION OF YOUR USE OF THE PLATFORM, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
11. THIRD-PARTY WEBSITES. The Platform may contain links to third-party materials or websites that are not owned or controlled by Mozilla. Mozilla does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or Platform. If you access a third-party website or service from the Platform or share your information or data on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Mozilla's Privacy Policy do not apply to your use of such sites. You expressly relieve Mozilla from any and all liability arising from your use of any third-party website, service, or content, including without limitation content, data, information and/or materials submitted by other users.
12. DMCA NOTICE. Mozilla respects the intellectual property rights of others and expects its data providers to do the same. By using the Platform, you agree not to upload, provide or otherwise make available any Data that infringes the copyrights or other intellectual property rights of any third party. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to terminate the rights of any End User or data provider to access the Platform when we determine that they are repeat infringers.
If you believe that your work has been used in a way that constitutes copyright infringement on the Platform, please provide the following information to the Mozilla Copyright Agent:
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site or other Platform;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on such owner’s behalf.
Mozilla’s Designated DMCA Agent (Copyright Agent) 149 New Montgomery St. 4th Floor San Francisco, CA 94105 phone: +1 650-903-0800 email: dmcanotice@mozilla.com
We will promptly respond to valid notices of infringement in accordance with applicable law, which may include removal or disabling access in response to such a notice. We also respect the rights of our data providers and, where appropriate, we may forward notices to you so you can respond or submit a counter-notice.
You remain responsible for ensuring that any Data you provide to the Platform is properly licensed and does not infringe or misappropriate any third-party rights.
13. THIRD-PARTY DISPUTES. You agree that you are solely responsible for your interactions, communications and transactions with any End User, other data supplier or other third party in connection with the Platform, and any disputes arising therefrom. Mozilla will have no liability or responsibility with respect thereto. Mozilla reserves the right, but has no obligation, to monitor and/or become involved in any way with such disputes.
14. EXPORT CONTROLS AND SANCTIONS COMPLIANCE. You represent and warrant that you will at all times comply with all applicable export control, re-export, and sanctions laws and regulations of the United States, the European Union, the United Kingdom, the United Nations, and any other relevant governmental authority (“Export Control Laws”), including without limitation the U.S. Export Administration Regulations (EAR), the U.S. International Traffic in Arms Regulations (ITAR), and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). By using the Platform, you represent and warrant that (i) you are not located in, and you are not a national or resident of, a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that we may block, suspend, or terminate your access to the Platform in our discretion to ensure compliance with applicable laws.
15. ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.
INFORMAL DISPUTE RESOLUTION.
Most disputes between you and Mozilla arising from or relating to the Platform or these Terms (“Disputes”) can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration, except as set forth in the Exceptions paragraph below (“Informal Dispute Resolution”). This requires emailing mozilladatacollective@mozillafoundation.org a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with Mozilla; (3) a detailed description of the issue; and (4) how you’d like to resolve it. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to mozilladatacollective@mozillafoundation.org, while the parties attempt informal resolution.
The Written Notice must be provided on an individualized basis and you and Mozilla agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.
If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Mozilla agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.
AGREEMENT TO ARBITRATE.
If Informal Dispute resolution fails, the either party may initiate binding arbitration as the sole means to resolve disputes, subject to the terms and conditions of this Section, through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).
The parties agree that this Arbitration Agreement is made pursuant to a transition in commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.
In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all disputes between you and Mozilla arising from or relating to the Platform or the Agreement, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement (together, “Disputes”).
Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and Mozilla further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.
WAIVER OF RIGHTS INCLUDING JURY TRIAL.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THE AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT, YOU AND MOZILLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.
YOU AND MOZILLA ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF MOZILLA PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.
With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Mozilla shall be entitled to arbitrate the dispute in question.
This provision does not prevent you or Mozilla from participating in a class-wide settlement of claims.
Arbitration Rules. Except as modified by this Arbitration Agreement, NAM will administer any arbitration in accordance with the NAM “Comprehensive Dispute Resolution Rules and Procedures,” “Fees For Disputes When One of the Parties is a Consumer,” and the “Mass Filing Supplemental Dispute Resolution Rules and Procedures” in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions (“NAM Rules”). The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Department at commercial@namadr.com.
Except where prohibited by applicable law, the arbitrator shall apply the law of the State of California without giving effect to any law that would result in the applicable of the law of any other jurisdiction. You and Mozilla agree that dispositive motions will be allowed in the arbitration.
If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and Mozilla submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.
Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements.
Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and Mozilla agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in San Francisco, California.
Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against Mozilla within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by Mozilla and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with Mozilla and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and Mozilla agree that NAM may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.
This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a NAM mediator selected from a group of five mediators proposed by a NAM, with Mozilla and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. Mozilla, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Mozilla or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Mozilla nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.
Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:
Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) shall be exclusively brought in the state and federal courts located in the State of California.
Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: mozilladatacollective@mozillafoundation.org. The notice must be sent within 30 days of September 15, 2025 or your first use of the Platform, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, Mozilla also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of this Terms and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law.
Changes to this Arbitration Agreement. Mozilla will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Platform after the 30th day, you agree that any unfiled claims of which Mozilla does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If Mozilla changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Platform 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to mozilladatacollective@mozillafoundation.org before the 30-day period expires.
Disputes not Subject to Arbitration.
For any dispute not subject to arbitration you and Mozilla agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND Mozilla THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Jury Trial Waiver
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND Mozilla AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND Mozilla UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR USE OF THE PLATFORM.
16. MISCELLANEOUS.
a. Entire Agreement. These Terms, the Privacy Policy and any other policies or guidelines referenced within these Terms constitute the entire agreement between you and Mozilla, and supersede any prior and contemporaneous agreements between you and Mozilla on the subject matter.
b. Relationship of the Parties. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Mozilla. We act solely as a service provider facilitating interactions between you and End Users.
c. Force Majeure. Under no circumstances will Mozilla be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
d. No Waiver. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and Mozilla’s failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
e. Severability. Each of the provisions of the Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect. In the event that any provision is deemed unlawful or unenforceable, the parties agree that such provision shall be modified or amended by the court or relevant authority to the extent necessary to render it enforceable, in accordance with the intent of the original provision. The modified provision shall be interpreted so as to reflect the original intent of the parties as closely as possible, while remaining compliant with applicable law.
f. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Mozilla. These Terms may be assigned by Mozilla without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17. CONTACT & SUPPORT. If you wish to contact us or have any questions or concerns related to these Terms or your use of the Platform, please (1) email us at mozilladatacollective@mozillafoundation.org, or (2) contact us by U.S. Mail at Mozilla Foundation, Attn: Mozilla Data Collective, 149 New Montgomery Street, 4th Floor, San Francisco, CA 94105, USA.