They can change the terms, but if you don’t sign the new terms then you have never accepted the new terms.
For some reason, companies think they can write anything into their terms and think it matters. It doesn’t. Most contracts aren’t worth the paper it’s written on.
“By continuing to use the software, you agree to the new terms…” which is, of course, hogwash, but wouldn’t stop them from say “Sorry, the new terms were released and you agreed, so pay up.”
Depends on how long your license is for. If you have a 1 year license and they change the terms, you are going to have to sign new terms for the next year’s license.
Sure, but they also say you can use an old version if you prefer the old terms. Basically, that if they update the terms, it’ll only apply to the current/future versions.
So just stop using the current version. Just use the old version which still has the old terms. You never agreed to the new terms, and under the terms you agreed to, you can continue to use the old terms.
That poses an interesting question. If they can change the terms, and say that you agree to the changes by continuing to use their software, and they remove the clause allowing you to use the previous agreement, then can you use the previous agreement? It’s a bit of a buried shovel problem. Have you agreed to not use a previous agreement by continuing to use the software, or can you stick to the old agreement that lets you use the old agreement?
If those were the terms you signed, those are the terms that matter.
But do the terms you signed say they are allowed to change the terms at any time with notice?
They can change the terms, but if you don’t sign the new terms then you have never accepted the new terms.
For some reason, companies think they can write anything into their terms and think it matters. It doesn’t. Most contracts aren’t worth the paper it’s written on.
“By continuing to use the software, you agree to the new terms…” which is, of course, hogwash, but wouldn’t stop them from say “Sorry, the new terms were released and you agreed, so pay up.”
Depends on how long your license is for. If you have a 1 year license and they change the terms, you are going to have to sign new terms for the next year’s license.
The terms can say that your firstborn shall be sacrificed to an Eldritch Deity by accepting them, but that doesn’t mean it’s enforceable.
I mean, in this economy, what’s one first-born even worth?
$10?
Enforcability is one of the major issues, and why companies try so hard to keep issues like this from the courts.
Tell that to the Eldritch deity.
Sure, but they also say you can use an old version if you prefer the old terms. Basically, that if they update the terms, it’ll only apply to the current/future versions.
So just stop using the current version. Just use the old version which still has the old terms. You never agreed to the new terms, and under the terms you agreed to, you can continue to use the old terms.
That poses an interesting question. If they can change the terms, and say that you agree to the changes by continuing to use their software, and they remove the clause allowing you to use the previous agreement, then can you use the previous agreement? It’s a bit of a buried shovel problem. Have you agreed to not use a previous agreement by continuing to use the software, or can you stick to the old agreement that lets you use the old agreement?
Yes that is what the post you commented on says But they also say you can use an old version if you don’t like the changed terms.
Typically terms of service can and will be updated and if you don’t object to them you’re deemed to have accepted them.
Many people will be familiar with emails entitled “your terms of service have changed” or “updates to your terms of service”