Terms of Service Language Ontology

Authors:
Elena Molino Peña
José María Cruz
José María García
Antonio Ruiz Cortés
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GitHub isa-group/tosl (pull requests, new issue, open issues)
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CC-BY 4.0

Copyright © 2024 ISA-group.

Abstract

This document presents an ontology designed to represent the contractual terms of Software as a Service (SaaS) Terms of Service (ToS) using the Open Digital Rights Language (ODRL). The ontology supports the formal representation of deontic modalities, enabling the precise definition of terms related to arbitration, applicable law, content removal, liability and modification/termination clauses. By leveraging ODRL, it ensures structured semantics for clear and precise interpretations of contractual obligations, permissions and prohibitions within SaaS agreements.

1. Introduction

Abusive services are characterised by the inclusion of terms in their Customer Agreements (CAs), resulting in a substantial imbalance between the rights and obligations of the contracting parties, to the detriment of consumers. Legal frameworks such as the EU Directive on Unfair Contract Terms (UCTD) seek to protect consumers from the adverse effects of unilaterally drafted contracts imposed by service providers. However, identifying unfair terms remains a challenging task, requiring meticulous legalese analysis. This process is often tedious, time-consuming, and error-prone, resulting in a lack of awareness among consumers about the potential risks associated with accepting a service provider’s terms of service.

The ODLR Profile for Terms of Service Language (TOSL) aims to address the complexities of CAs by providing a formal mechanism for structuring and organising the set of responsibilities described in the ToS, in order to ultimately perform analysis operations on the structured knowledge. Specifically, TOSL extends the ODRL by incorporating the representation of liabilities, their limitations, and dispute resolution mechanisms, concepts that are difficult to represent using the existing ODRL framework. Additionally, it introduces new terms in the base vocabulary, as well as relationships and entities specific to this domain to represent the terms more accurately. The expanded terminology supports responses to the defined CQs, which partially ensures transparency and fairness, contributing to the creation of more equitable and understandable ToS, and mitigating operational risks.

Key Competency Questions and Domain Concepts
Competency Questions Domain Concepts
A. Is arbitration mandatory before taking any court action? Arbitration, Litigation, Dispute
LAW. Is the governing law fixed and different from the consumer's country of residence? Law, Consumer Country
CR. Can the service provider remove the consumer's content? Remove, Consumer Content
USE. In what ways does the consumer provide consent to the terms of a contract? Consent, Implicit, Explicit
J. Does the jurisdiction require dispute resolution outside the consumer's residence? Jurisdiction, Consumer Courts, Dispute Resolution
LTD. Does the contract state that the provider is liable for any damages or losses? Liability, Any Damages, Limit
CH. Does the contract require the provider to give notice before making changes? Change, Prior Notice
TER. Can the provider terminate the contract unilaterally? Terminate, Justification

1.1 Profile diagram

The figure below illustrates the concepts defined by the ODRL Profile for Terms of Service. These concepts facilitate the modeling of statements outlined in cloud provider agreements and enable the evaluation of the previously formulated questions to identify potentially abusive contractual terms.

tosl concepts

1.2 Namespaces

Prefix Namespace Description
owl http://www.w3.org/2002/07/owl# [owl2-overview]
rdf http://www.w3.org/1999/02/22-rdf-syntax-ns# [rdf-concepts]
xsd http://www.w3.org/2001/XMLSchema# xmlschema
rdfs http://www.w3.org/2000/01/rdf-schema# [rdf-schema]
odrl http://www.w3.org/ns/odrl/2/ [ODRL Vocabulary]
skos http://www.w3.org/2004/02/skos/core# [skos-reference]
dcterms http://purl.org/dc/terms/ [dcterms]
vann http://purl.org/vocab/vann/ [vann]
profile http://www.w3.org/ns/dx/prof/ profile
tosl https://w3id.org/tosl/ ToS Language Profile

2. Profile specification

The TOSL profile focuses on specifying Terms of Service (ToS) terms by representing obligations, rights, prohibitions, limits of responsibilities for the parties, and conflict resolution aspects, enabling operations such as identifying potentially unfair terms. New objects that have been added, as well as extensions to the core ODRL vocabulary, are defined below.

2.1 Dispute Resolution

Label

Dispute Resolution

Definition

Employed to specify the mechanisms for resolving disputes among the parties involved in the agreement

Term

tosl:DisputeResolution

Sub-classes

tosl:Arbitration, tosl:Litigation

Property

tosl:takesPlaceIn, tosl:governedBy

2.1.1 Governed By

Label

Governed By

Definition

Establishes the connection to the specific legal framework that governs the agreement

Term

tosl:governedBy

Domain

tosl:DisputeResolution

Range

tosl:Law

2.1.2 Takes Place In

Label

Takes Place In

Definition

This term describes the relationship between Dispute Resolution and Jurisdiction, specifying the location where disputes are to be resolved

Term

tosl:takesPlaceIn

Domain

tosl:DisputeResolution

Range

tosl:Jurisdiction

2.1.3 On Dispute

Label

On Dispute

Definition

Represents the relationship between a Policy and its associated Dispute Resolution mechanism, specifying how, where, and under which law disputes arising under the Policy will be resolved

Property

tosl:onDispute

Domain

odrl:Policy

Range

tosl:DisputeResolution

2.1.4 Has Condition

Label

Has Condition

Definition

This relationship enables the specification of particular restrictions that apply to the dispute

Term

tosl:condition

Domain

tosl:DisputeResolution

Range

odrl:Constraint

2.2 Arbitration

Label

Arbitration

Definition

Arbitration is a process for resolving disputes without recourse to conventional judicial systems, typically managed by an arbitrator

Term

tosl:Arbitration

Property

tosl:requires

2.3 Litigation

Label

Litigation

Definition

Litigation is a legal process in which the provider or customer, acting as the plaintiff, initiates proceedings against the other party, called the defendant, before a civil court in a settlement dispute

Term

tosl:Litigation

Property

tosl:requires

2.3.1 Requires

Label

Requires

Definition

This relationship specifies that all disputes must be resolved through arbitration

Term

tosl:requires

Domain

tosl:Litigation

Range

tosl:Arbitration

2.4 Jurisdiction

Label

Jurisdiction

Definition

Jurisdiction refers to the specific location or legal authority where a dispute must be resolved

Term

tosl:Jurisdiction

Property

tosl:takesPlaceIn

2.5 Law

Label

Law

Definition

Law refers to the specific statutes and regulations that govern an agreement and are applicable in resolving any disputes arising from it

Term

tosl:Law

Property

tosl:governedBy

2.5.1 Consumer Place Law

Label

Consumer Place Law

Definition

This provision states that the law governing the agreement is that of the consumer's country or the law that affects the consumer

Term

tosl:consumerPlaceLaw

2.5.2 California Law

Label

California Law

Definition

This instance denotes that the governing law applicable to the agreement is that of California

Term

tosl:californiaLaw

2.5.3 European Law

Label

European Law

Definition

this stipulates that the law regulating the agreement is European law

Term

tosl:europeanLaw

2.6 Liability

Label

Liability

Definition

Liability refers to the specific provisions that define and restrict the extent to which each party in the agreement can be held accountable for damages or losses

Term

tosl:Liability

Property

tosl:limitationOfLiability, tosl:liability, tosl:liableParty, tosl:limitation

2.6.1 With Liability

Label

With Liability

Definition

Establishes the relationship between a rule, policy or asset and the applicable liabilities, describing the duties or obligations to be assumed in a specific context

Term

tosl:liability

Domain

odrl:Policy, odrl:Rule, odrl:Asset

Range

tosl:Liability

2.6.2 Liable Party

Label

Liable Party

Definition

This term establishes the connection between liability and a party to whom they apply

Term

tosl:liableParty

Domain

tosl:Liability

Range

odrl:Party

2.6.3 Has Limitation

Label

Has Limitation

Definition

Defines a relationship that allows specifying particular restrictions or conditions related to the limitation of liabilities of a party

Term

tosl:limitation

Domain

tosl:Liability

Range

odrl:Constraint

2.6.4 With Limitation Of Liability

Label

With Limitation Of Liability

Definition

Defines the relationship that links a rule, policy or asset to the limitations of liability applicable to one or more parties, specifying the scope and restrictions in cases of damages or breaches

Term

tosl:limitationOfLiability

Domain

odrl:Policy, odrl:Rule, odrl:Asset

Range

tosl:Liability

2.6.5 Any Liability

Label

Any Liability

Definition

This liability provision specifies that the designated party may or may not be held liable for damages caused by the other party.

Term

tosl:anyLiability

Class

2.6.6 Physical Injuries

Label

Physical Injuries

Definition

This provision outlines the liability of the party in cases of physical damages caused to the other party

Term

tosl:physicalInjuries

Class

2.6.7 Harm Caused By Malware

Label

Harm Caused By Malware

Definition

The party is or not is responsible for any damages resulting from malware

Term

tosl:harmCausedByMalware

Class

2.7 Duty

2.7.1 Triggers

Label

Triggers

Definition

Represents the relationship where a permission can trigger a specific duty for a party

Term

tosl:triggers

Domain

odrl:Permission

Range

odrl:Duty

2.8 Action

2.8.1 Remove

Label

Remove

Definition

This action may authorize, obligate, or prohibit the deletion of content from the provided services

Term

tosl:remove

Class

odrl:Action

2.8.3 Allow Download

Label

Allow Download

Definition

Allow download refers to the action that permits one of the parties, typically the client, to download personal information or information about contracted services

Term

tosl:allowDownload

Class

odrl:Action

2.8.4 Terminate

Label

Terminate

Definition

This action permits the termination of an asset, whether it be the agreement, services, or any other associated entity

Term

tosl:terminate

Class

odrl:Action

2.8.5 Publish

Label

Publish

Definition

This action mandates the public release of an asset

Term

tosl:publish

Class

odrl:Action

2.8.6 Integrate

Label

Integrate

Definition

This action allows, obligates, or prohibits the integration of the provided service with your application.

Term

tosl:integrate

Class

odrl:Action

2.8.7 Test

Label

Test

Definition

This action permits, mandates or prohibits the use of the services to test a software application.

Term

tosl:test

Class

odrl:Action

2.8.8 Develop

Label

Develop

Definition

This action permits, mandates or prohibits the use of the services to develop a software application.

Term

tosl:develop

Class

odrl:Action

2.9 Asset

2.9.1 Service

Label

Service

Definition

An asset that includes the service affected by the action as a resource

Term

tosl:Service

Parent class

odrl:Asset

2.9.2 User Content

Label

User Content

Definition

An asset that encompasses either all or part of a user's content

Term

tosl:UserContent

Parent class

odrl:Asset

2.10 Left Operand

2.10.1 Justification

Label

Justification

Definition

This condition mandates that specific actions can only be undertaken with appropriate justification

Term

tosl:justification

Class

odrl:LeftOperand

2.10.2 Calculate Amount

Label

Calculate Amount

Definition

This stipulates the amount derived from a previous metric or calculation, which is used to compare against a specified threshold, such as a maximum or minimum allowable amount, in the context of a constraint.

Term

tosl:totalAmount

Class

odrl:LeftOperand

2.10.3 Inactivity Period

Label

Inactivity Period

Definition

This stipulates the duration of time a service may remain inactive or unused, serving as a parameter for triggering specific actions or evaluating compliance with constraints.

Term

tosl:inactivityPeriod

Class

odrl:LeftOperand

2.10.4 Consumer Resident Country

Label

Consumer Resident Country

Definition

This stipulates the country of residence of the consumer, used to compare against a list of countries in the context of constraints or conditions.

Term

tosl:consumerResidentCountry

Class

odrl:LeftOperand

2.10.6 Compliance

Label

Compliance

Definition

This left operand refers to the adherence to an specific rule or policy. I can be used to refine the semantics of an action that has to be performed in accordance to another policy. Permited values are and IRI, a odrl:Policy or an xsd:string

Term

tosl:compliance

Class

odrl:LeftOperand

2.10.7 Licensing Type

Label

Licensing Type

Definition

This stipulates the type of license or permission required by a party to perform a specific action or activity, such as a written permission.

Term

tosl:licensingType

Class

odrl:LeftOperand

2.10.8 Effect

Label

Effect

Definition

This stipulates the effect or impact that an action may or must not cause, serving as a parameter to evaluate the outcomes of an action.

Term

tosl:effect

Class

odrl:LeftOperand

2.11 Right Operand

2.11.3 Degradation

Label

Degradation

Definition

Indicates a significant and unreasonable degradation of some metric, such as response time or availability, caused by the action of the Rule to the target of the Rule

Term

tosl:degradation

Class

odrl:RightOperand

3. Examples

3.1 Method of Dispute Resolution

A. References

[dcterms]
DCMI Metadata Terms. DCMI Usage Board. DCMI. 20 January 2020. DCMI Recommendation. URL: https://www.dublincore.org/specifications/dublin-core/dcmi-terms/
[ODRL Vocabulary]
ODRL Vocabulary & Expression 2.2 . Renato Iannella; Michael Steidl; Stuart Myles; Víctor Rodríguez-Doncel. W3C. 15 February 2018. W3C Recommendation. URL: https://www.w3.org/TR/odrl-vocab/
[owl2-overview]
OWL 2 Web Ontology Language Document Overview (Second Edition). W3C OWL Working Group. W3C. 11 December 2012. W3C Recommendation. URL: https://www.w3.org/TR/owl2-overview/
[rdf-concepts]
Resource Description Framework (RDF): Concepts and Abstract Syntax. Graham Klyne; Jeremy Carroll. W3C. 10 February 2004. W3C Recommendation. URL: https://www.w3.org/TR/rdf-concepts/
[rdf-schema]
RDF Schema 1.1. Dan Brickley; Ramanathan Guha. W3C. 25 February 2014. W3C Recommendation. URL: https://www.w3.org/TR/rdf-schema/
[skos-reference]
SKOS Simple Knowledge Organization System Reference. Alistair Miles; Sean Bechhofer. W3C. 18 August 2009. W3C Recommendation. URL: https://www.w3.org/TR/skos-reference/
[vann]
VANN: A vocabulary for annotating vocabulary descriptions. Ian Davis. Vocab.org. 7 June 2010. URL: http://purl.org/vocab/vann