Risk Score
0 = very fair · 100 = very risky
Summary
This is DuckDuckGo's Terms of Service for their privacy-focused search engine, browser extensions, and apps. The document is notably straightforward and consumer-friendly compared to most tech company terms, reflecting DuckDuckGo's stated privacy mission. There is no mandatory arbitration clause, no class action waiver, and no data-selling practices described. The main areas of concern are the perpetual feedback license, broad liability disclaimers, unilateral term modification with continued-use consent, and New York exclusive jurisdiction requirements.
Flagged Clauses
Any feedback, suggestions, or survey responses you send to DuckDuckGo can be used by them permanently and for free, with no obligation to credit or compensate you.
“If you choose to provide us with feedback about our Services, you grant us a forever license to use your input to improve our Services without any payment or credit to you.”
DuckDuckGo can change the terms at any time. Simply continuing to use the service counts as accepting the new terms. While they promise to post updates and flag substantive changes, there is no requirement for active confirmation from you.
“We will notify you of changes by posting the modified version at https://duckduckgo.com/terms... Continuing to access or use our Services after any changes constitutes your consent and agreement to any new terms.”
DuckDuckGo can cut off your access to the service if they determine you've violated the terms. Since the service is free and does not involve stored purchases, the practical impact is limited.
“We may suspend or terminate your access to our Services at any time if you violate these Terms.”
DuckDuckGo makes no guarantees that the service will work correctly, be secure, or be available. If something goes wrong, you generally cannot hold them responsible. This is fairly standard for free services.
“TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, DuckDuckGo and its subsidiaries disclaim all warranties... You expressly agree that the use of our Services is at your sole risk.”
Even in cases where DuckDuckGo is found liable, the maximum they would owe you is what you paid them in the last 12 months, or $100 if you used the free service. This is a very low cap on potential compensation.
“THE DUCKDUCKGO PARTIES MAXIMUM AGGREGATE LIABILITY TO YOU... WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU... DURING THE PRIOR 12 MONTHS OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US.”
If you ever have a legal dispute with DuckDuckGo, it must be handled in New York courts under New York law. This could make it inconvenient or costly for users outside New York to pursue legal action.
“Any claim associated with our Services or arising out of these Terms must be filed in the state or federal courts in New York, New York, USA, and New York law will govern.”
The ToS explicitly states DuckDuckGo does not track users. Detailed data practices are in a separate Privacy Policy document, which would need to be reviewed independently for full understanding.
“We don't track you. For details about our privacy practices, please read our Privacy Policy, which applies to your use of our Services.”
DuckDuckGo owns its software and branding, but notably makes much of its code open source, which is more transparent than typical commercial services.
“We retain all intellectual property rights in our Services, but we make the source code and data for many of our Services available under open-source licenses.”
Missing Protections
- No explicit data retention period or deletion policy mentioned in the ToS (deferred entirely to Privacy Policy)
- No explicit process described for account data export or portability
- No grace period specified between notification of term changes and when new terms take effect
- No explicit COPPA or children's age restriction language in the ToS itself
- No dispute resolution or escalation process described before litigation (e.g., informal negotiation requirement)
- No explicit description of what happens to any stored user data upon account termination or service discontinuation
Fair Terms
- Explicitly states 'We don't track you' directly in the Terms of Service
- No mandatory arbitration clause — users retain the right to sue in court
- No class action waiver — users can participate in class action lawsuits
- Commits to notifying users of substantive changes with an update message, not just silently updating the page
- Open-source commitment: makes source code and data for many services publicly available
- EEA users are given a specific internal complaints handling process under the EU Digital Services Act
- Document is written in plain, readable English with minimal obfuscation, and even apologizes for required legalese sections
- No subscription traps, auto-renewal clauses, or payment obligations described — core service is free
Document information only — not legal advice.