We need to talk about terms and conditions

Terms of service are generally designed to safeguard a service provider against legal challenges. These terms are not like a memorandum of understanding, trade agreement or a contract established jointly by two more or less equal parties. Rather, they are laid down by the service provider and not open to negotiation. In the EU there are rules protecting the consumer against unfair terms, under Article 102 of the Treaty on the Functioning of the EU, prohibiting a dominant company in a market from imposing unfair trading conditions.