What are you really agreeing to when you accept terms and conditions? Clicking the little button without scrolling through the legally binding terms has become commonplace, a daily reality given how many websites we visit, services we sign up to, or apps we download. In fact, a 2017 study revealed that 91% of us never read the T&Cs they agree to.

Bigger and slightly scarier picture: An experiment conducted by a Washington Post writer found that, based on the number of apps on his phone, he would have needed between 83-110 hours to read all the privacy policies he agreed to. The word count? 1 mn. For context, the average book is around 80k words.

A man whose wife died at Disney World was almost cost the lawsuit thanks to the T&Cs. In late 2023, Kanokporn Tangsuan, a New York doctor, died from an allergic reaction after eating at a restaurant in Walt Disney World. Before the meal, the couple informed the servers of Tangsuan’s allergies more than once, and were reassured that their requests were taken into account as they were served. Despite using her Epi-Pen, Tangsuan passed away from anaphylaxis. Tanguan’s husband Jeffrey Piccolo is suing Walt Disney Parks and Resorts for wrongful death.

Disney says Piccolo waived his rights to sue the company when he signed up for a one-month trial of Disney+ in 2019. The T&Cs of the streaming service include a clause that requires users — even those who don't make it past the trial period — to relinquish their rights to any disputes with the company. Using the Walt Disney Parks website to buy tickets also shields them from a jury trial, their spokesperson said. Luckily, massive online backlash of Disney’s statements made them withdraw their claim to get the lawsuit thrown out.

This isn’t the first arbitration clause to help a company dodge accountability. Arbitrationclauses stop a lawsuit from going to trial, forcing the plaintiff to sign away their litigation rights and instead solve the dispute privately, a method that gives companies more control over the resolution.

So how many of our rights are we signing away? More than you think. All of the apps we use can access certain datasets stored on our phones, including location history, health history, financial information, and purchasing habits, and — through their T&Cs — give themselves the right to retain and use them, even after you delete that information off your phone. Social media platforms not only have access and rights to your information and its use, but also to your posts. Anything you upload is effectively theirs, even if you delete it.

And chances are you still won’t read the T&Cs. There’s no way to effectively escape signingaway our data and our rights while using the internet outside of throwing our phones away and going off the grid. But you don’t need to spend days reading the T&Cs to understand what you’re consenting to.

What to look out for: Anything written in all caps is especially important to pay attention to, as is the third-party agreement clause. This tells you what and how your information is being shared with the highest bidders. Check for options to opt out — sometimes, you will have the right to refuse your information being shared. Arbitration clauses are, as demonstrated, a big deal. You may not have to sue your local delivery app, but maybe you should keep your right to take up arms against financing or travel apps.

Still can’t be bothered? Tools like Terms of Service; Didn’t Read were created to do the legwork for you and alert you should any of the clauses need your attention.

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