Comment by trashb
6 days ago
The problem is the ToS can be overruled by the law. But you can still put wild stuff in there without consequence, it just won't hold up in court of course. However this makes it so that companies use the ToS as a scare tactic to deter people going to court in the first place, "look you agreed to us being able to do something illegal, you will lose court against our expensive lawyers".
ToS from a lot of tech companies say the wildest shit that doesn't hold up in court and they should get a penalty for putting that into these documents, as it is misleading and misrepresenting the agreement that the customer has with them.
Until some responsibility for illegal statements in the ToS happens I will read most comments from a ToS with a grain of salt and a lot of skepticism.
What's even crazier is that companies doing this have a full team of lawyers, they know it won't hold up in court, but they also know there are no consequences for deliberately put things there that won't hold up in court.
A bit more crazy that they are gambling on the likelihood of winning in case they are actually challenged, cementing a twisted precedent just to keep the next quarter on trend.
Losing in court also represents such a ridiculously small portion of the profits they amassed because of such practices that it's actually illogical not to break the law.