Questions tagged [digital-contract]

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Terms of Service and Adversarially Interoperable Apps

Applications like NewPipe and Geddit seem to be becoming more popular. These applications are "adversarially interoperable": they work with and can display content from large services such ...
1 vote
2 answers
625 views

is a finger squiggle on an iPad truly binding?

We recently had a massive hailstorm and, following that storm, we saw an endless stream of roofing contractors knocking on our door. We're in Boulder County, Colorado. A representative from one of ...
1 vote
1 answer
175 views

Software to block contracts

Many websites offer contracts to their visitors by "browse-wrap" (making an offer by notice, where not not using the site signals acceptance) or click-wrap (making an offer where clicking &...
1 vote
0 answers
26 views

Are digital signatures enforceable (legally binding) across the EU?

While setting up an account with an online service I was told by support that I cannot complete the application because the country I'm based in has not enacted legislation accepting electronic ...
-4 votes
3 answers
137 views

Are social media TOS invalid because lack of due process and mutuality creates an unenforceable illusory contract?

Generally speaking, the TOS of social media platforms share certain common features. They do not give the user the right to any "due process." If the platform wishes to cancel, block or ...
3 votes
3 answers
535 views

Is a contract valid if one of the party doesn't even read it?

You might think someone must be stupid to sign a contract without even reading it. Yet I see it happen all the time, when contracts are just too long and there's no time to read stuff you suppose you ...
2 votes
3 answers
9k views

Is it illegal to buy and/or sell "feet pics" or pictures of feet if the seller is a minor?

Curious about this -- I'm not a buyer of such things. A growing trend online that has been booming is females selling pictures of their feet online, very often to male buyers. If the seller happens to ...
4 votes
1 answer
281 views

Defective software update instructions irreparably breaks product. Do any UK consumer or product liability laws apply?

Note - I'm not asking legal advice. I already have a basis of claim in my actual case. But the case prompted a question mark over an apparent loophole in UK consumer protection/product liability law, ...
3 votes
1 answer
113 views

How it is proven that an e-mail or text message (SMS) was not forged by the recipient?

Here, it was said that a text message is legally binding. But I am interesting in that what would happen when the sender says that the message was not sent by them. It is not a challenging problem to ...
1 vote
1 answer
83 views

Is there any legal reason to use paid e-signature services anymore?

E-signature services like Docusign, HelloSign, esignatures.io, PandaDoc, signNow, etc. all offer services with unique features. But is there any legal purpose for using them? For example, one can ...
2 votes
2 answers
101 views

What are the parameters of the statutory buyer's remorse refund period for online purchases?

Do they apply to purchases of services as well as of goods? For such purposes, what constitutes an online purchase? Must it be automatically accepted card payment, or does a discussion with a service ...
3 votes
1 answer
153 views

Has a smart contract ever been enforced by a court?

Is there any precedent for a so-called "smart contract" ever being enforced in a court of law anywhere in the world? Edit As per @David Siegel, this is not a duplicate with this question: ...
2 votes
0 answers
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Where is a TOS binding without affrimative acceptance? Where is it not?

When a website uses a "browser wrap" or "agreement of adhesion" approach to its Terms of Service (ToS) document, relying on language such as: Each time you access and/or use any ...
1 vote
1 answer
48 views

How to refer to an unknown signer, in the parties section of an agreement

Have an agreement that will be signed by someone but we want to reuse the agreement and not edit each time to add the signers name. My question is how can I refer to the signer at the top of the ...
1 vote
1 answer
140 views

If I copied an agreement and sent it as an email and had someone reply with the fields and "I agree" would it be a valid contract?

Have been getting agreements(contracts) signed electronically using Sites like Hello Sign and Docusign, but the problem is people do not always view the agreement, and then it does not get signed. My ...
-4 votes
1 answer
110 views

How can a person legally create a site to download an app and profit from the site?

Does a site operator need a permission from the app owner by a contract or something like that to run a site where people pay for and download apps? If this is true how can someone get such permission?...
2 votes
1 answer
99 views

Why are Amazon and other vendors allowed to say "buy" an ebook or other digital asset when it is actually a license?

Amazon offers you the opportunity to buy a Kindle book. But you are clearly not buying, rather licensing, as they make quite clear. This seems like false advertising; or alternately that a customer ...
2 votes
4 answers
209 views

How to verify the identity of someone you met online?

I need to sign a contract with someone I met online in order to start doing business with him. But how could I possibly know that the information he would put on the digital contract is his real info? ...
1 vote
0 answers
68 views

Do I have to attribute Apache font license when using it for e-book and print book?

I'm currently in the process of writing a book, and I'm using mostly OFL fonts in it, but I also find some Apache licensed fonts very attractive and would like to use them. The condition for using ...
-2 votes
2 answers
112 views

Can I sue someone for false refund dispute claim [closed]

I did freelance character design work and comic pages for someone for almost a course of 1 year. He would keep ordering when a piece is done and sometimes would order multiple pages that would take me ...
0 votes
2 answers
147 views

Clauses for collecting payment before the contract effective date

I'm new to contract law and have a scenario where I need to draft a digital contract to collect payment as soon as contract is signed but remaining terms of the contract will become effective some ...
0 votes
1 answer
104 views

Contract has the wrong name listed as a member of the terms

I had a client sign their name to a contract for an online service. I had left the typed name of another client on the contract not noticing because they shared the same first name. I have the Client'...
3 votes
1 answer
151 views

French postal service's monopoly on industrial contract communications - legal basis?

The government in France has a monopoly encouraged by law, whereby contracts can be opened digitally, but have to be cancelled through a signed paper letter paid to the government postal service. ...
4 votes
1 answer
1k views

What are the legal protections to buy if seller refunds instead of delivering what was purchased, which causes monetary losses?

I purchased a laptop from a manufacturer from their own website brand new. I bought the laptop because this is the only laptop which contains the feature that I require for my needs. There is no other ...
2 votes
3 answers
211 views

To successfully sue for breach of contract, what evidence does the plaintiff have to provide to prove that a contract existed?

My wife is being sued for breach of contract in the state of Washington, in the United States of America. The allegation is that she opened a credit card account, made a single charge, and failed to ...
1 vote
1 answer
278 views

How Do Determine if Signer of a Contract is Authorized to Sign?

Suppose I send out an agreement to a potential client. Someone at the client's offices signs and dates the agreement (using an online electronic contract management service). Some employees may ...
-2 votes
1 answer
84 views

Agreement/Contract for sharing revenue from mobile app [closed]

One LLC (company A) building a mobile application for another LLC (company B). We agreed that company B does not pay me anything to company A but they will share revenue – 50/50 from ads and in-app ...
0 votes
0 answers
34 views

Selling digital tickets who owns the data?

If I sell digital tickets in the UK using an online platform, and they provide the means for me to download that data, who owns that data? Is it the person who paid for the ticket, the platform or me ...
0 votes
1 answer
76 views

Undisclosed Cancelation Fees

I Paid $600 to a pet transportation company and after some talks in which due to some wrong information we were asked to pay an additional $300 i asked to cancel and was told that they would withhold ...
2 votes
0 answers
33 views

If there are any fully valid/legally accepted digital/electronic signature techniques in the US

After reading this from 2016 "it remains to be seen" if in the US digital/electronic signatures will be acceptable in court as a valid alternative to "wet" signatures. I'm wondering if this problem ...
3 votes
2 answers
202 views

Can a company refuse a refund of a digital product, even if it has been less than 30 days since the costumer purchased the product?

Three weeks ago signed up for an online course. I agreed to pay the price of the course in ten single monthy installements, but now I have come to the conclusion that the course is not something that ...
1 vote
2 answers
267 views

Contractor bailed after getting paid in full

I live in South NJ. I have a 25k contract with a building contractor. However, they bailed once they got paid in full from the financial company. Before I knew that they were playing games they kept ...
0 votes
1 answer
105 views

Could a voice response to (Amazon Echo) Alexa Skill be legally construed as a digital signature?

I'm currently developing an Alexa Skill for a client and would like to add the ability for the Alexa Skill user (where the skill user is anonymous, i.e. the skill is not linked to an account) to be ...
-1 votes
1 answer
236 views

Can you sue a DAO that offers "software as a coin"?

Please help me evaluate the fictitious fact pattern below and understand whether there is a viable legal strategy for the prosecution. Note that this is somewhat futuristic and does not contemplate a ...
0 votes
2 answers
245 views

What gives e-signatures legal standing/force in the United States?

Having seen language in digital contract signing that basically say that you have to agree to use an e-signature as a signature, I feel like there's a bit of a problem in that needing to agree to use ...
-1 votes
2 answers
140 views

Face prosecution under Spotify’s terms & conditions?

Hypothetical: Suppose that I have an acquaintance who is an artist on Spotify. In an effort to promote said person’s music, I offer to loop their music on my computer ad infinitum in return for a cut ...
2 votes
1 answer
692 views

Is a digital last will and testament on my cloud drive legally binding?

For example: Let's say I simply put the signed, digitized document on a cloud drive and inform my executor of how to retrieve it via an email with instructions for safe keeping. Will my Executor have ...
2 votes
1 answer
124 views

Can I make a privacy policy on my own for free?

I have the Problem that I want to start a web application which has access to the users files on dropbox and co. This involves saving some of the data local, e.g. the directory structure, access token,...
0 votes
1 answer
223 views

Does an emailed promise of confidentiality constitute an NDA?

I have a product idea and very rough prototype I want to take to a local 3D print/prototyping company to have a higher fidelity version made. I would of course not want them to make the 3D model ...
1 vote
1 answer
251 views

Why was my digitized signature rejected?

I really dislike printing out an electronic form (i.e. PDF) just to sign and re-scan it, especially if I'm going to just send out a digital copy anyway. So, usually I just paste a scanned image of my ...
1 vote
1 answer
1k views

Is an engagement letter the same as an approximate quote?

I needed some legal help from a law firm (in India), and visited them to ask them how much they charge. They said it's their billing department that decides that, and they'd get back in touch by email....
2 votes
1 answer
466 views

Are "Terms of Service" legally binding that are presented contrary to "Best Practices"?

Question If a software company presents Terms of Service to an End User in a manner they expect users to neither read, nor understand - is it still legally binding? A hypothetical Company A knows ...
-1 votes
1 answer
34 views

Boilerplate for all proceeds from a project going to a specific charity?

I need an as-simple-as-possible document that basically states that nobody involved is going to earn any money from the proceeds of sales from the projects, but that all the proceeds are going to go ...
3 votes
1 answer
355 views

Are digital copies of official documents lawfully represented?

In order to reduce my (personal) paperwork and its governance, I was thinking to scan all my official documents and save them somewhere digitally. This way, my closet would not be filled with papers ...
0 votes
2 answers
2k views

What is the Difference Between Click vs Tap vs Press?

In the context of doing business electronically, filling out digital contracts (such as via DocuSign) or for accepting terms of use on a website ... Is there any difference from a legal standpoint ...