Can you prove your website terms? I TERMZ by Everprove

Legal Case: Moretti v. Hertz

A clickwrap agreement is only as good as your ability to prove that a particular user accepted a particular version of the agreement on a particular date.

Mr. Moretti booked a rental car from Hertz through the Hotwire website, and claimed that he was forced to pay for unwanted insurance services and charged an inflated foreign currency exchange rate when he went to pick up his rental car. The user claimed that Hotwire may have made false representations in the Terms of Use and that the hyperlink was possibly malfunctioning at the time of his purchase.

Legal Case: Bazemore v. Jefferson Capital Systems

Jefferson Capital Systems became exposed to a costly class action lawsuit because it was not able to prove the content of its online terms and conditions.

In this dispute the court stated that „there is no evidence that the Internet web page or pages that Ms. Bazemore viewed (...) displayed or referred to any terms or conditions of the credit card she sought, much less that she was required to consent to any such terms in order to obtain her credit card”. Furthermore „It is defendant's burden (...) to prove the existence and terms of the contract it wishes to enforce.”

Legal Case: In re Zappos.com Inc., Customer Data Security Breach Litigation

Changes to your standard website terms shall be explicit, communicated to the users, and you shall properly record the contract and its amendment.

Relating to a dispute whether there was a valid arbitration clause in the Terms of Use online agreement of Zappos, the court stated that Zappos upheld the right to unliaterally change the Terms of Use at any time without the notice to the customer. According to the judge no mutuality of obligation exists in such a case, therefore the following - rather strong - statement was made: "We join those other federal courts that find such agreements illusory and therefore unenforceable.”

Your clickwrap website agreements are real contracts, and you need to treat them as such! Not being able to show and prove the individual user agreements can result in disastrous consequences. TERMZ makes your website terms and agreements as easy to enforce as a contract signed in ink and stored in original.

Integrity Preserved

Blockchain technology and a decentralized consensus algorithm safeguard the immutability and integrity of any recorded data, document or certificate.

Easy Integration

All we need is your current Terms and Conditions template. We automatically insert your consumer data in the text via our API, execute the contract with electronic signature and certify it on our blockchain.

Retrieve Easily

The individual Terms and Conditions contract may be accessed and downloaded anytime directly from the Everprove Ledger via the call of an url, or a scan of a QR-code.

Pricing

Startup

^$ 99 /month

Includes 50 contracts per month, additional contracts are charged at $1,99 per item

Enterprise

Includes unlimited contracts, priority integration and support

Contact

FAQ

Why would I use your services?

Because it makes absolutely sense. Whenever someone registers on your website, and accepts your terms and conditions, you conclude a binding contract with your user. This contract is important, as it fundamentally regulates your rights and obligations, and might contain important disclaimers. In case of a dispute, it can be rather burdensome to prove retroactively the exact text of this contract, if it never gets properly certified and executed.

How does this work exactly?

Easy. We prepare your existing "Terms and Conditions" document in our system, making it ready for automated data input. Upon your consumers click on the acceptance of your terms, we receive the consumer data on our API, insert it into the template, execute the contract with a compliant electronic signature and store the contract on our Everprove Ledger contract database. Your consumers are not redirected anywhere, their flow or user experience is not touched. They merely receive the certified contract via email, and can always access that later in the Everprove application.

What is Everprove using blockchain for?

Blockchain is a form of database which provides immutability and secures the integrity of the recorded data. It is a prefect database structure for the storage and retrieval of legal, government and enterprise data such as certificates, contracts or similar. We are positive that blockchain technology can strongly contribure to enterprise and government data management while significantly reducing the related costs.

How is the Everprove Ledger secure?

First of all the so called consensus mechanism of the Everprove Ledger is decentralized. This means that the integrity of the recorded data and the adding of any further data is safeguarded by a decentralized network of nodes, which is a trustless method of securing the database and avoids the implementation of any central authority. The complete Ledger is stored on all contributing nodes, but all information is encrypted therefore the operators are not able to read or identify any specific data.

Is the Everprove Ledger GDPR compliant?

It is. In the case where an API node is writing personal data onto the chain, we maintain an additional layer of API-side encryption which allows the administrator of the API node to cancel access to data recorded onto the Ledger. The data is thus considered to be erased which complies with the requirements of the "right to be forgotten" rule.