Opinions
Terms
Laws already restirct us enough. Too much actually.
In general, terms should just be like guidelines. And if a user breaks them, the company should warn the user, etc. The worst thing a company should be able to do to a user is terminate their membership, and if they do that, the company should give the user access to their data and refund them any unused purchases.
In that sense, terms shouldn't really require a user's informed consent.
Basically, terms should just be:
We may terminate your membership anytime for any reason.
I mean, I think that's fair. The user should also be allowed to terminate their own membership anytime for any reason.
Here are some guidelines for terms:
- If you actually need my informed consent, get it explicitly.
- Remove statements like, "By using our Services, you agree to these Terms." No, I agree to your terms if I explicitly agree to them.
- No check boxes. The agreement should at least be made via email or a service like Docusign.
- Remove any confidentiality agreements.
- Remove any arbitration agreements.
- End all agreements on or before membership termination.