Being that nobody actually reads the terms of service/use for products, could a company put something fucky and it be legal?

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For example, say the next iOS TOS agreement says that any users who accept are subject to have their bank accounts drained and we all go on using our iPhones as usual and they took the money. Would that be legal?

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Anonymous 0 Comments

No. The key legal concept here is called the “covenant of good faith”, which means all parties entering into a contract have a legal duty to implement an agreement as intended. This limits a contract/terms of service to the realm of whatever it is allegedly dealing with.

Attempting to insert a blatant rip-off, or really anything that isn’t obviously relevant to your phone into the terms of service on your phone, would be viewed by the courts as being in bad faith, and invalidate the contract.

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