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I took a look at our Terms of Service, and it seems like we are missing a provision on modifying them, a severability clause and a clause incorporating the Privacy Policy into the Terms. This can ...
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#3: Post edited
by
sau226
·
2022-05-01T11:42:16Z (over 2 years ago)
I took a look at our Terms of Service, and it seems like we are missing a provision on modifying them, as well as a severability clause.- This can potentially be serious, as it may not be legally justifiable or may be too risky to not explicitly state that we have the right to modify our Terms of Service, or that the terms survive any legal challenge where a provision may be struck down by a court of competent jurisdiction.
- In addition, it may be the case that without modification provisions that we must notify our users in app or via email of ALL changes to the terms, which poses an issue. While we say that use of the Service means that a user agrees to the Terms, if we update the Terms and the user visits again or logs into their account again, there isn't any explicit positive statement that the user is bound by the new terms.
- The lack of a severability clause means that we run the risk of having the entire Terms declared unenforceable simply because a user challenges us in court and a ruling is made which affects a single provision only. We can't run the risk of operating with no Terms of Service.
I propose we add provisions to our Terms to the following effect: "We may update our terms from time to time without further notice to you, unless notice is required by law. Your use of the Service after the Terms are updated constitutes your acceptance of the updated Terms." and "If any provision of these terms is declared invalid or unenforceable through a legally binding process, the remaining Terms remain in full force and effect".Unless we are prepared to get a legal opinion (whether specific to us or generally applicable) or something of similar effect and have the technologies to notify all of our users of a Terms update, it seems these kinds[]() of issue would be one that we should aim to fix.
- I took a look at our Terms of Service, and it seems like we are missing a provision on modifying them, a severability clause and a clause incorporating the Privacy Policy into the Terms.
- This can potentially be serious, as it may not be legally justifiable or may be too risky to not explicitly state that we have the right to modify our Terms of Service, or that the terms survive any legal challenge where a provision may be struck down by a court of competent jurisdiction.
- Our Privacy Policy is not mentioned in the Terms of Service at all, nor on the signup page. It therefore follows that it may have been possible that our users never agreed to it or to be bound by any of its terms.
- In addition, it may be the case that without modification provisions that we must notify our users in app or via email of ALL changes to the terms, which poses an issue. While we say that use of the Service means that a user agrees to the Terms, if we update the Terms and the user visits again or logs into their account again, there isn't any explicit positive statement that the user is bound by the new terms.
- The lack of a severability clause means that we run the risk of having the entire Terms declared unenforceable simply because a user challenges us in court and a ruling is made which affects a single provision only. We can't run the risk of operating with no Terms of Service.
- I propose we add provisions to our Terms to the following effect: "We may update our terms from time to time without further notice to you, unless notice is required by law. Your use of the Service after the Terms are updated constitutes your acceptance of the updated Terms."; "If any provision of these terms is declared invalid or unenforceable through a legally binding process, the remaining Terms remain in full force and effect" and "You agree to be bound by our Privacy Policy _[Privacy Policy is hyperlinked to it]_, as modified from time to time".
- Unless we are prepared to get a legal opinion (whether specific to us or generally applicable) or something of similar effect and have the technologies to notify all of our users of a Terms update, it seems these kinds of issue would be ones that we should aim to fix.
#2: Post edited
by
sau226
·
2022-05-01T11:38:24Z (over 2 years ago)
I forgot the severability provision
Terms of Service modification provision
- Deficiencies in the Terms of Service
I took a look at our Terms of Service, and it seems like we are missing a provision on modifying them.This can potentially be serious, as it may not be legally justifiable or may be too risky to not explicitly state that we have the right to modify our Terms of Service.In addition, it may be the case that without such a provision we must notify our users in app or via email of ALL changes to the terms, which poses an issue (as far as I know, we do not have systems capable of getting the emails of the entire userbase and bulk mailing them a form email). While we say that use of the Service means that a user agrees to the Terms, if we update the Terms and the user visits again or logs into their account again, there isn't any explicit positive statement that the user is bound by the new terms.I propose we add a provision to our Terms with the following effect: "We may update our terms from time to time without further notice to you, unless notice is required by law. Your use of the Service after the Terms are updated constitutes your acceptance of the updated Terms."Unless we are prepared to get a legal opinion (whether specific to us or generally applicable) or something of similar effect and have the technologies to notify all of our users of a Terms update, it seems this kind of issue would be one that we should aim to fix.
- I took a look at our Terms of Service, and it seems like we are missing a provision on modifying them, as well as a severability clause.
- This can potentially be serious, as it may not be legally justifiable or may be too risky to not explicitly state that we have the right to modify our Terms of Service, or that the terms survive any legal challenge where a provision may be struck down by a court of competent jurisdiction.
- In addition, it may be the case that without modification provisions that we must notify our users in app or via email of ALL changes to the terms, which poses an issue. While we say that use of the Service means that a user agrees to the Terms, if we update the Terms and the user visits again or logs into their account again, there isn't any explicit positive statement that the user is bound by the new terms.
- The lack of a severability clause means that we run the risk of having the entire Terms declared unenforceable simply because a user challenges us in court and a ruling is made which affects a single provision only. We can't run the risk of operating with no Terms of Service.
- I propose we add provisions to our Terms to the following effect: "We may update our terms from time to time without further notice to you, unless notice is required by law. Your use of the Service after the Terms are updated constitutes your acceptance of the updated Terms." and "If any provision of these terms is declared invalid or unenforceable through a legally binding process, the remaining Terms remain in full force and effect".
- Unless we are prepared to get a legal opinion (whether specific to us or generally applicable) or something of similar effect and have the technologies to notify all of our users of a Terms update, it seems these kinds[]() of issue would be one that we should aim to fix.
#1: Initial revision
by
sau226
·
2022-05-01T11:24:09Z (over 2 years ago)
Terms of Service modification provision
I took a look at our Terms of Service, and it seems like we are missing a provision on modifying them. This can potentially be serious, as it may not be legally justifiable or may be too risky to not explicitly state that we have the right to modify our Terms of Service. In addition, it may be the case that without such a provision we must notify our users in app or via email of ALL changes to the terms, which poses an issue (as far as I know, we do not have systems capable of getting the emails of the entire userbase and bulk mailing them a form email). While we say that use of the Service means that a user agrees to the Terms, if we update the Terms and the user visits again or logs into their account again, there isn't any explicit positive statement that the user is bound by the new terms. I propose we add a provision to our Terms with the following effect: "We may update our terms from time to time without further notice to you, unless notice is required by law. Your use of the Service after the Terms are updated constitutes your acceptance of the updated Terms." Unless we are prepared to get a legal opinion (whether specific to us or generally applicable) or something of similar effect and have the technologies to notify all of our users of a Terms update, it seems this kind of issue would be one that we should aim to fix.