What the law says. What the fine print pretends.
A terms of service is a contract offer. A right is a floor. The floor wins — even when the platform acts like it doesn't.
"We may terminate your account at any time, for any reason, and retain or delete your data at our discretion."
They can lock you out and keep your photos, contacts, and email — even though the law says it's yours.
"Decisions are final. No appeals. No human review is required."
A right to a hearing is meaningless if the only door is a chatbot that closes itself.
Anonymous trust-and-safety flags. Unnamed reviewers. Secret algorithmic strikes.
You can't defend yourself against an accusation no one will sign their name to.
Forced arbitration in a foreign jurisdiction. Class-action waivers. Unilateral amendment clauses.
A contract one side can rewrite at any time is not a contract. It's a permission slip.
"Service provided as-is. No warranty. No refunds. No liability above last month's fees."
Real consumer law overrides this. Most people never find out, because reaching it costs more than the loss.
Anonymous review sites that monetize the harm and charge you to hide it.
Reputational damage as a paywall is not accountability. It's extortion with a search engine attached.
A right is a floor.
The floor wins.
What to do about it
- Your rights, jurisdiction by jurisdiction — the long-form reference.
- Reconcile a dispute — the private 14-day amends window before anything goes public.
- Full Disclosure — what a public record looks like when private repair fails, and why it can't be paid to disappear.
- First principles — the doctrine that ties all of this together.