Does the contract give the vendor the right to change the service or product whenever it wants?
Does the vendor have the unilateral right to stop providing certain important features?
Does the vendor have the right to investigate how the user uses the product or service to determine if there has been a violation of the contract?
Fees
Does the contract have any hidden licensing fees or any hidden upgrade, support, or maintenance fees?
Data use
Specifically for apps downloaded onto mobile computing devices, does acceptance of the contract mean that the consumer is also granting the app owner access to other data on the consumer’s device?
Apps might grant access to content such as location data, pictures stored on the device, or the contacts that the consumer stores on his or her device.
Does the contract allow the consumer the ability to limit how data is shared?
Does it allow the consumer to prohibit the vendor from further sharing the consumer’s data?
Representations and warranties
Does acceptance of the contract mean that the consumer bears all economic risk related to downloading and using the product or service?
What is the consumer’s recourse if the product or service includes viruses and errors, or causes data loss or hardware/software failure?
Does the contract state that use of the product or service is at the consumer’s own risk?
Does it state that the products are provided “as is?”
Advertising
Does the contract give the vendor the right to include embedded software or spyware with the desired product or service?
Does acceptance of the contract mean that the consumer consents to receiving advertising content, from either the vendor or other third parties?
Is the vendor allowed to collect usage data and other statistics related to the consumer’s use of the service?
How is this data used?
Criticism
Does the contract specifically prohibit the consumer from publicly criticizing the product or service?
Updates
Does the contract state that updates are covered by the original contract?
Are updates covered by a new contract that the consumer must specifically agree to?
Termination and breach
Does the contract allow a consumer to stop using the product or service at any time?
Can the consumer stop using the product by uninstalling and destroying software and documentation?
Must the vendor destroy any consumer personal data it has collected when the contract ends?
Boilerplate terms
Does the contract state that it is subject to change without notice?
Does it state that the consumer specifically consents to any modifications of the contract without notice?
Does it include dispute resolution terms?
Does it contain jurisdiction language?
Does it require that consumers file lawsuits in a certain state and county within that state?