I’d like to build an app without any login or user identification but the app itself would require terms and conditions to be accepted. If I’d require to accept the terms prior entering the actual app, would that ”contract” be legal even thought I would not have any prove about the contract with some identified person? (Only the code would prove that you have to accept terms before using the app)
2 Answers
Yes, anonymous contracts are valid
For example, when I buy groceries I rarely identify myself.
However, you will have virtually no chance of enforcing them because you have to sue an identified person.
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Thanks! I'm actually concerned the opposite case, I wan't to secure the app in case it would be sued. Commented Jun 8, 2019 at 8:10
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1@AarneHuttunen You can still be sued because you as the app proprietor are identifiable. Declining to know with whom you are entering a contract does not immunize you against liabilities pursuant to that contract. Commented Jun 8, 2019 at 13:12
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1@IñakiViggers That’s a good point. The goal of terms would be to prevent that, but the problem is that I would not have a way to show that the one sueing has actually agreed to the terms, right? (despite the app logic is built that way) Commented Jun 8, 2019 at 13:53
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1@AarneHuttunen You don't have to prove that the plaintiff agreed to the terms. Instead, you would have to prove the opposite if you seek to pursue the argument that the plaintiff is not a party to your contract(s). Regardless, the preemptive act of declining to identify your users forfeits --or severely hinders-- your ability to reasonably dispute plaintiff's standing. Commented Jun 8, 2019 at 14:18
Well in the case of an app, you would have an IP for the person. Yes, that would only be identifiable in some cases, but in the cases where it is, it would allow you to sue.
If you can not find the person, you shut down access from that IP.
