Where it gets a little muddy for me is hardware with services attached (a new EV, etc)… you pay $60k for a car, it really shouldn’t be possible to force a new ToS on something they has physical ownership. And definitely not possible to brick or de-option the car due to refusal to accept new ToS.
This all just needs statutory laws and eliminate TCs for basic services. It is a scam.
Rental contract sure. Employment contract yeah.
I bet a single set of statutory rights for consumer and provider could cover most things.
B2B is different.
Of course you do. I have a fixed contract with my mobile carrier - if they want to change rates, tough luck. Once the current contract expires, they can indeed notify me that the new contract will auto-renew with a new rate, and I can either accept it or choose a new carrier. But they very much can't change prices, or alter services rendered, while the current contract is in force.
Of course it irks them much to not be able to sell me less for more. But they can't do anything short of disconnecting me and that is unspeakable for a mobile operator.
I like this very much.
If the company would like their T&C to carry the force of a binding contract upon me, then yes, keeping track of my agreement seems like the absolute bare minimum they must do.
Either these things are real contracts or they are not. The idea that it's too onerous for a company to keep track of its contractual agreements is absurd. That's giving them all the benefits of a real contract with none of the obligations.
Maybe that's a good thing? Imagine if changing the T&C required cancelling everyone's account and then letting people sign up with new accounts if they still want to do business. That would probably make any T&C changes much harder to justify, creating a balance against what many see as abusing T&C updates.
Otherwise, force the user to accept the new terms affirmatively. Then offer to refund any money if the user does not.
I get emails from time to time that "Policy X has changed and will take a effect in X weeks" so at least I'm given advance notice, and am basically OK with that approach as long as the changes are spelled out clearly and not hidden in hundreds of pages of legalese. Maybe an LLM would help here, and translate what the new changes in terms really means so I can decide whether to continue with the service or not. In general I'm OK as long as I'm given enough notice and it's clear what is happening.
The same thing happens with pricing. What does a company do when they want to increase rates, or change their products? They send out a notification that starting on a certain date, the prices will go up. I don't think anyone objects to that. How is a T&C change different?