In Germany at least (and thus maybe most of the EU?) no customer actually has to read any of it. Anything in a ToS/EULA that could be considered "surprising" is unenforceable and therefore void.
Of course that means the exact enforceable contents of every ToS ultimately boil down to case law but for customers this is a much better solution than "you may have accidentally sold your soul".
That's more or less true in America, too. Consumer contracts are generally subject to the "unconscionability" test: https://en.wikipedia.org/wiki/Unconscionability#United_State.... It's not the same as "surprising", but the sentiment is roughly the same.
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In Germany at least (and thus maybe most of the EU?) no customer actually has to read any of it. Anything in a ToS/EULA that could be considered "surprising" is unenforceable and therefore void.
Of course that means the exact enforceable contents of every ToS ultimately boil down to case law but for customers this is a much better solution than "you may have accidentally sold your soul".
That's more or less true in America, too. Consumer contracts are generally subject to the "unconscionability" test: https://en.wikipedia.org/wiki/Unconscionability#United_State.... It's not the same as "surprising", but the sentiment is roughly the same.
See also: https://en.wikipedia.org/wiki/Click_wrap