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. A legal contract must have mutual value. Each side gets something, and a reasonable person would agree that they were of roughly equal value.

On top of that, the enforceability of those TOS agreements are questionable. The user has no alternative or opportunity to negotiate. It’s fair as a way to tell the user “here are the limits on the service we are providing you” but much more questionable for any terms that aren’t directly related to the service.

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