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Legal Actions Every App Developer Should Take
blog.upcounsel.com
How long ago was it that all software was redefined as either being Enterprise or an app?
The article doesn't talk enough about level of assent to Terms by users. Don't show the Agree button until they scroll all the way down. Require them to type their initials to agree. It is really easy to throw out your terms in civil litigation by showing the user never actually assented -- there wasn't a "meeting of the minds" in order to form a contract between you and your users.
Oh, and they become automatically invalid if you make a user sign away rights that he has under the law (of his resident member state).
The article doesn't talk enough about level of assent to Terms by users. Don't show the Agree button until they scroll all the way down. Require them to type their initials to agree. It is really easy to throw out your terms in civil litigation by showing the user never actually assented -- there wasn't a "meeting of the minds" in order to form a contract between you and your users.
I used to love the information that google desktop displayed in addition to the normal EULA. It read somewhat like: "Read Carefully, this is not the normal YADDA YADDA." But that was 5 or 6 years ago and I am afraid google has grown up since then.
Of course we should have a ruling that everyone who started obviously stupid lawsuits (possibly including class action) should lose their drivers license, lose the right to vote etc as their lack of judgment has been documented clearly ;-)
The article doesn't talk enough about level of assent to Terms by users. Don't show the Agree button until they scroll all the way down. Require them to type their initials to agree. It is really easy to throw out your terms in civil litigation by showing the user never actually assented -- there wasn't a "meeting of the minds" in order to form a contract between you and your users.
Great point and requiring your users to scroll through the TOU and then agree (only after scrolling) is the best practice. Courts, however, have not conclusively said this is the silver bullet. Many TOUs have held up in court via a mere click through (with no scroll).