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German courts tend to require that a contract exists, perhaps to a larger degree than many other places. I've seen terms of service that said "we'll change the
by Arnt 5y ago
German courts tend to require that a contract exists, perhaps to a larger degree than many other places.
I've seen terms of service that said "we'll change these terms from time to time; check back here to see the amended terms". As I read that, they could change the terms on a moment's notice, not tell anyone, and the changes are binding. A German court might well say that that sentence is void ("unwirksam") because it's not reasonable to require users to conform to something like that, and therefore the relationship between the operator and a user has to be governed by the terms of service that the user read.