Is it possible to change the terms in the user agreement unilaterally?

An end-user license agreement (EULA) is an agreement between a user and the owner of a website or program. The document regulates the use of a software product or service. As a rule, an end-user license agreement is an offer agreement that stipulates the rights and obligations of both parties. The document determines the procedure for using the functionality and content of the site by its visitors, contains information on the limitation of liability of the owner of the web resource, discloses information about him and his legal status.  

Purposes of the user agreement

The main purpose of the document is to protect the legitimate interests of the site owner and its visitors. The document contains information about the rules for using the site or program. Before starting to work with the resource, the visitor must read and agree with these rules by checking the appropriate box. You can do without it, since the document is a public offer. By starting to use the program or site, the user automatically accepts the stated conditions.

The user agreement is not just a formality. The document will help the site owner avoid unfounded claims and legal problems if the user is dissatisfied with something.

The agreement necessarily affects the issue of receiving and storing personal data of users. When registering accounts, placing orders for goods and services, when subscribing to a newsletter, people provide their personal data. Security is a very important aspect for the owner of a website or program. Before providing personal data, the user must consent to their processing.

These issues are regulated by Federal Law N152. According to the rules, the collection, storage and transfer of personal data to third parties without the consent of users entails administrative liability in the form of a fine. Its amount for the site owner can reach 75 thousand rubles.

EULA protects website visitors from inappropriate content and advertisements. Materials of a pornographic and extremist nature, everything related to the manufacture and sale of drugs, are prohibited.

As for the site owner, with the help of the user agreement, he can protect his copyright for the content, restrict its copying and further use by visitors. If the rules provide for the possibility of using the materials of the site by third parties for commercial purposes, it is worth additionally drawing up a license agreement for users.

Is it legal to change the text of the user agreement unilaterally?

Some owners of sites and programs are sure that drafting and making changes to the user agreement is entirely in their area of ??responsibility. This approach may entail negative legal consequences in connection with the violation of current legislation and user rights.

According to paragraph 1 of Article 310 of the Civil Code, the site owner has no right to change the terms of the user agreement, except as otherwise provided by other laws or legal acts. The second paragraph of the above article of the Civil Code allows a unilateral change in the terms of the agreement if both parties are engaged in business and the refusal to fulfill obligations is provided for by the norms of the Civil Code, other acts or contracts. The same applies to unilateral refusal to fulfill obligations.

If commercial activity is carried out by only one party to the agreement, only the party that is not engaged in business has the right to unilaterally change the conditions or refuse to fulfill obligations. An exception will be the cases provided for by other laws or legal acts.

Thus, if the owner of the site or application earns from visitors, including advertising, he does not have the right to change the user agreement unilaterally. There is one caveat here: site visitors are "non-commercial", that is, they do not place advertisements or paid content, do not look for orders, do not engage in activities on the site that can be profitable.

What phrases must be in the agreement to change it unilaterally?

The document should indicate that the rules for the provision of services can be changed or supplemented by the site administration. If, after making changes and additions, the visitor continues to use the resources of the service or program, this automatically means acceptance and agreement with the updated rules.

Users must have access to the current version of the agreement, and after making changes and additions, it is advisable to inform their customers about them. They will be able to familiarize themselves with the updated site policy and confirm their acceptance of the new terms. For more detailed information on this issue, as well as to correctly draw up an User Agreement, an EULA for users, please contact the A4 Law Firm team of lawyers.