They way its currently worded it sounds like that from first interacting with a service you agree to their terms, while the description says its “only” about acceptance from changed terms.
I propose
Instead of asking directly, this Service will assume your consent to changes of terms merely from your usage.
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I heartly agree with this rephrasing.
In addition to it, a clear difference should be made between Case 277: Conditions may change, but your continued acceptance is not inferred from an earlier acceptance and Case 403: Instead of asking directly, this Service will assume your consent merely from your usage. to avoid confusion when reviewing agreements.
If I didn’t misunderstood the meaning of the case, the first one is neutral and has been created to avoid penalizing services that have no way to contact users to notify them about the changes nor to collect their consent (ie no contact details or no account creation).
The second one is bad and applies to services that are able to seek user consent for changes to the terms but still consider they’ve been accepted as long as the service is used.
Thus, the description of Case 403 could be updated as the following (changes in bold) :
The Service infers your acceptance from your continued usage, instead of prompting you to read the new Terms and asking for direct consent. This doesn’t apply to services that have no way to seek consent from users through their contact details or an account.
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would the last sentence be in the title or description of the case?
It would be in the description (Titles are lenght-limited)
Title: Instead of asking directly, this Service will assume your consent to changes of terms merely from your usage.
Description : The service infers your acceptance […] or an account
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I agree with this change.
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I have now applied this change.
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