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

Question

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?

In: Other

Answer 1

There’s a legal concept called unconscionablity. Contracts must be written such that both sides get something of roughly equal value. Terms which grossly favor one side are considered unconscionable – i.e. enforcing the terms of the contract would shock the conscience of a normal person. For instance, you can’t have a contract which says “I loan you $1000, but you pay me back at an interest rate of 25% for every second that passes.” Any contract that is deemed unconscionable cannot be enforced.