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I am planning a software management solution of storing the user accepted agreements for some of my applications.

I have Terms of use and Privacy policies for every app and I want to store them in a central place with the date time the user accepted the agreement.

The first two agreements are called:

  • Privacy Policy agreement and
  • Terms & Conditions (T&C) agreement

Now I want to store an other type of agreement, I want to store when the user gave me permission to make a dangerous action, e.g. Delete a product or Remove a client from DB.

I display a popup modal window that explain the action to be taken and I ask the user to enter the word 'DELETE' if she confirms the delete action.

I want to store this information to my Agreement Database and I need a name for such agreement. How to call this?

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  • 1
    Liability release or liability waiver... it would basically state that the user will not hold your company liable for data loss from certain actions that the user initiated or authorized you to initiate. From a coding standpoint, most delete or remove functions are coded to double check (first you press the button, which gives a "Are you sure" prompt to pop up). – hszmv Jan 9 '20 at 18:13
  • @hszmv thank you for the suggestion, please make this an answer so I can mark it as the correct answer – Menelaos Vergis Jan 9 '20 at 19:54
  • @hszmv The contract would need to actually elaborate that "the user will not hold [OP's] company liable for data loss [etc.]" rather than just rely on the choice of a title. A title in and of itself neither implies nor confers the meaning and legal protections the OP intends. – Iñaki Viggers Jan 9 '20 at 20:24
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I need a name for such agreement. How to call this?

The name is inconsequential from a legal standpoint.

Instead, one thing you need to ensure is your ability to prove the authenticity of users' confirmation of deletions, lest a user alleges that he was not the one typed 'DELETE' for removal of his records. You might have foreseen that risk already, but I just mention it for you to be safe, given the relevance of authentication in the event of a dispute.

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  • Thanks for your reply, inconsequential seems to lowering the value of the agreement to the point of non existent. I see that since it's not legal signed and it's not a legal document a layer can call this insignificant document but I was hoping to a term that doesn't lower the value of what it is. – Menelaos Vergis Jan 9 '20 at 17:27
  • @MenelaosVergis The evidentiary value of an agreement/document depends on the overall terms of the agreement regardless of its title. See In re Brackett, 259 B.R. 768, 774 (2001) ("The labels used in a contract are not dispositive of the nature of the obligation and courts are not bound by the terminology of the parties to the agreement [...]. Rather, courts must examine the true substance of the obligation", citations omitted). – Iñaki Viggers Jan 9 '20 at 18:02
  • Thanks for this information, I really thought that you proposed the name to be 'inconsequential'. Well no wander why I cannot understand legal documents myself. I just need a name so I can name my Table Column data and the programming functions. – Menelaos Vergis Jan 9 '20 at 18:24
  • @MenelaosVergis "I really thought that you proposed the name to be 'inconsequential'". No, that was not a suggestion or indication on how to name the agreement (otherwise I would have worded it as "The legal term for it is [xyz]"). You can name columns, functions, variables, etc. any way you want, and that will not alter either party's legal position whatsoever. – Iñaki Viggers Jan 9 '20 at 18:36

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