Note especially the “Instead of asking” point, that allows them to bind you to new terms instantly as soon as they post them. Essentially, they get a blank check to force the user (who agrees initially) to do whatever they like (by just adding a promise to do it to an update).
Now I mentioned this to Evgenii Kozlov and he said “consider writing about this on the community forum, it’s a collective issue and therefore it should be addressed collectively”. I think that means we should use this chain (and if needed, others linked from it) to discuss terms (if any).
If we need to extract promises from users at all (I’m not sure we do if we keep this as decentralized as originally pitched), I think we should take a different approach where the community defines the terms, and if the community determines updates are needed to the terms, they are not instantly binding with an assumption of agreement. Which of the following alternative approaches would the community like?
Present a new checkbox to gain explicit consent for each update.
Whatever the user initially agrees to is their agreement in perpetuity.
Or, of course, don’t extract promises at all is one option I alluded to earlier.
#1 and 2 make sense, but to #3:
Uninstall/reinstall seems unlikely to coincide with changes to the terms, why would it require re-agreeing (especially if agreement with timestamp is stored with the account, which I think would make the most sense).
Note (and this is for @thePauker too) that most services probably don’t bother to keep track of whether and when users agree to their terms. At least they never tell me when I agreed to their terms. Anyway, it seems like if they ever intended to hold people to their promises in any sort of a legal sense, they would need to keep track of the timestamp of each user’s agreement.
I do not agree with number 3. You should have to agree again when Terms of Service change. This can be easily done either by mail, that’s how most web apps do, or in the case of AnyType, it could be simply in a Changelog pop-up → display the version changes and ask for agreement if ToS were modifies or do not launch the app.
That’s how you should do it. I don’t think requiring the consumer to be perpetually binded to your ToS, even when they change, has any legal value in most countries. It would not hold in mine, you’d have to prove that I consented to a specific version of ToS, proof that I agreed to v1.0 would not equal proof that I agreed to version 99.99.
I thought that consent by usage could only be legal if there are no user interaction, i.e a news website or showcasd site, not a forum or anything where users can post. That’s not the case for AnyType, so I’m not sure that these ToS are legal anywhere.