> People suing if a bug in my software causes them to lose access to their account or coins
Everything else sounds pretty reasonable, but this doesn’t. If you cause someone harm, you should expect that they will attempt to recover damages from you, regardless of what your T&C says. I cannot fathom why you think you should be protected against this eventuality. Buy insurance instead.
Regarding your question, notwithstanding the hand-wringing on this page, a given T&C clause tends to exist because someone has been sued over the matter being clarified. If the law specified each point, or if society were less litigious, these clauses would not be necessary. But this is not the case. I think you would be a fool to risk your company’s wellbeing to satisfy the whims of uninformed HN commenters. Almost all of them will blindly accept and be bound by your T&C regardless of their stated beliefs on this site, and, even if that were not the case, they are a tiny, unrepresentative slice of your market.
Fair enough. I guess this is why I should get a lawyer involved! I was assuming there was some distinction between accidental negligence and fraud as far as what could be protected against.
Is this a standard you would like to be subjected to from someone who is responsible for your money? For example, if your bank, through an accidental, non-fraudulent error, allowed a criminal to extract your account’s entire value as cash, do you think they ought to be able to defend themselves by saying they did not commit fraud?
why shouldn't the customer be able to recover damages from you if you had an accident, or were negligent? they were paying you to take care of this stuff for them. if they wanted the risk of accident and incompetence, they'd just do it themselves.
Does that draw any distinction between paying and non-paying customers then as far as their rights? I see tons of "you assume all risks" sorts of Terms of Service, but I have a feeling those are likely just there and don't do much.
Everything else sounds pretty reasonable, but this doesn’t. If you cause someone harm, you should expect that they will attempt to recover damages from you, regardless of what your T&C says. I cannot fathom why you think you should be protected against this eventuality. Buy insurance instead.
Regarding your question, notwithstanding the hand-wringing on this page, a given T&C clause tends to exist because someone has been sued over the matter being clarified. If the law specified each point, or if society were less litigious, these clauses would not be necessary. But this is not the case. I think you would be a fool to risk your company’s wellbeing to satisfy the whims of uninformed HN commenters. Almost all of them will blindly accept and be bound by your T&C regardless of their stated beliefs on this site, and, even if that were not the case, they are a tiny, unrepresentative slice of your market.