Update to terms of service — effective Oct 1st

Please review the updated terms and conditions

Read it

The phrase "effective Oct 1st" is doing a lot of heavy lifting here and I'd like to interrogate it. Does this mean existing contracts retroactively amend on that date, or does it apply to new accounts created after? Because if it's the former, you're unilaterally altering bilateral agreements through a unilateral notice mechanism — which raises questions about what exactly constitutes "acceptance" in an asynchronous digital context where the default is continued use.

Also, section 4.2 (the arbitration clause) now explicitly waives class action rights for disputes under $10k -- that was not in the previous version. You didn't flag this as a substantive change to the enforcement mechanism, which means you're relying on user inertia and obfuscation by burying it in an update notice rather than obtaining informed consent. The "by continued use" boilerplate is structurally incapable of conveying what's actually being changed, so the legal fiction that users have been notified of material alterations collapses under its own weight.