Terms of Service Explained for Normal Humans
ToS are contracts of adhesion — take it or leave it. Courts enforce most of them, but not everything.
Browsewrap vs Clickwrap
Clickwrap (you clicked "I agree") is broadly enforceable. Browsewrap (terms linked from footer, no acknowledgement) is much weaker — courts often refuse to enforce.
What Courts Usually Enforce
Arbitration clauses, content licenses, liability limitations for ordinary negligence, choice of law, account termination provisions.
What Courts Often Refuse
Total waivers of liability for gross negligence or intentional misconduct, unconscionable terms, terms hidden after a transaction. CAN TERMS CHANGE AFTER SIGN-UP? Usually yes, with notice. Continued use is deemed acceptance. Some courts now require affirmative re-acceptance for material changes.
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Decode My LeaseFrequently asked questions
Can I negotiate a ToS?
As a consumer, no. For enterprise SaaS contracts, yes.