Terms

If you run a business or website, here are some of my opinions on what your terms should be.

Laws already restrict everyone enough, too much actually. Please don't restrict us (your users) even more (via your terms). If you want to restrict yourselves (eg, by making commitments to your users) in your terms, then so be it.

I ask you to have fair terms, but in general, I think you should be free to have whatever terms you want. Like, I don't think there should be laws restricting what you may put in your terms. I don't like ruling by force. I'd rather rule by reason or wisdom, etc.

Don't expect anyone to read your terms, even if you get their official signature. If a user misbehaves, consider warning them at least once before taking any action. The worst thing you should do to a user is terminate their membership, and if you do that, you should explain why specifically and give them 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. You should also let the user terminate their membership anytime for any reason.

If you actually need users' informed consent, get it explicitly. Remove statements like, "By using our Services, you agree to these Terms." Said who? Remove check boxes (as a way for users to indicate they agree to terms). The agreement should at least be made via email (like, where you send every user a copy of the terms via email and they reply that they agree) or via a service like Docusign.

If you're asking users to agree, allow them to ask for changes to the terms. Don't just say, "If you don't agree to these terms, don't use our product or service." Then if I don't agree, you just lost me, and you don't even know why. Instead, consider saying, "If you don't agree to these terms please send us your feedback or suggested edits." If a user convinces you to change your terms, don't just change your terms for them but for all users.

Stop sending me emails that you've updated your terms! I don't give a shit! If you must get me to agree to the new terms, ask me to the next time I try to do something that requires my agreement.

Keep your terms as simple and concise as possible. Use the vernacular, not legalese. Make sure they're formatted nicely so they're easy to read. Make sure they look nice in reader view. Make sure they're accessible, like that they work with screen readers. Allow users to search the text, like by providing a URL they can view in a web browser or a PDF they can download.

Here are some more guidelines for terms:

• Remove any confidentiality agreements.
• Remove any arbitration agreements.
• End all agreements on or before membership termination.
  • If I want to end all agreements, I should be able to do so, eg, by deleting my account.

If you're a user, choose companies or people who offer their products or services without needing you to agree to stupid terms, or if they do require agreement, make sure the terms are OK and make sure you read them thoroughly. And if they're not OK, then let them know and ask them if they they'll change their terms. Tell them exactly how you'd like them to change them. Don't accept it if they offer to change the terms just for you. Ask them to change the terms for everyone, if they're unfair.