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Not saying this is good contract writing, but some relevant context would be what the penalty for breaking these clauses are. If the penalty for not maintaining
by andrewfong 11y ago
Not saying this is good contract writing, but some relevant context would be what the penalty for breaking these clauses are. If the penalty for not maintaining compatability, as stipulated in the contract, is simply "we turn off IFTTT integration with your app", then that seems reasonable. Ditto for the non-assignment clause.
Now if the penalty is three dogs and a pony, then nuts to that.
- URSpider94 11y agoIANAL, but in general the penalty for breaking the terms of a contract, in the absence of an explicit damages clause, are whatever business loss the other party suffers as a result.
- tacostakohashi 11y agoIndeed, but are the terms of service a contract? Is there any consideration? The answer is probably no, they are merely a set of expectations they have around providing their service.
- URSpider94 11y agoAny binding agreement between two parties is a contract. There is consideration on both sides: IFTTT is providing access to their dev kit and service, the recipient is implementing an API and providing access to their data. Both sides are, in principle, getting something from the agreement (of course, it's very lopsided and unfavorable to the recipient). Again, IANAL.