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Except there probably is some EULA.


Sure, there probably is. But if you bought a smartlock and the EULA had fine print buried in it saying "Usage of this lock grants consent for us to enter your home and steal your DVDs" that wouldn't fly.

Obviously that's a silly example, but my point is just because something is in a EULA doesn't make it legal, and even if it legal, maybe it shouldn't be.


Right. Similarly I don't think courts like enforcing contracts that effectively say, "we can arbitrarily renege on our end and still keep your money". (Not a lawyer, not legal advice, hope someone with more knowledge chimes in.)


That has approximately zero legal value in Germany. The only enforceable terms would be terms the customer expects to be in there.




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