You're saying this from a user's perspective, not from the company's perspective, right? From the company's perspective, a) their lawyers will advise them that "We sometimes let users use the product without signing a contract. How do you feel about that?" invites incredible levels of legal risk, b) the person who monitors the Rejected the TOS inbox is buying themselves hundreds of hours of work answering very frustrating emails from the worst customers ever, and c) this choice will not appreciably increase any metric the company cares about.
You can get a custom TOS written by many software companies, by the way. It will just cost you a heck of a lot of money. The reason we use "contracts of adhesion" (the take-it-or-leave-it terms) is because lawyers and compliance are really freaking expensive, and we can amortize e.g. $10,000 of legal costs over e.g. 700k clients, but if you want things to be custom-negotiated then you can expect to pay $10,000 for that.
Customers frequently ask for this for Appointment Reminder, by the way. "I just have one paragraph I wanted added to the license." Sure, for enterprise pricing, we can do that. "How much is enterprise pricing?" 20X what you think it costs. "THAT'S OUTRAGEOUS." I tend to agree, but welcome to paying professional wages for professional services. If you'd like to not end up footing any legal bills, you're welcome to buy the $29 plan and click Yes when prompted.
What's crazy is that enterprise pricing often comes down to, "is that one paragraph really worth $10,000+ to your business, and potentially much more than that?" If yes, pay for the enterprise pricing already.
If not...stop worrying about stuff that doesn't make that big a difference to your business!
Which of course continues to elude many people who would rather waste time arguing that $29 is too expensive. And this despite the fact that, as a business expense, $29 is quickly eclipsed by "at least one person in the business has to care about it at some point in a given month."
You can get a custom TOS written by many software companies, by the way. It will just cost you a heck of a lot of money. The reason we use "contracts of adhesion" (the take-it-or-leave-it terms) is because lawyers and compliance are really freaking expensive, and we can amortize e.g. $10,000 of legal costs over e.g. 700k clients, but if you want things to be custom-negotiated then you can expect to pay $10,000 for that.
Customers frequently ask for this for Appointment Reminder, by the way. "I just have one paragraph I wanted added to the license." Sure, for enterprise pricing, we can do that. "How much is enterprise pricing?" 20X what you think it costs. "THAT'S OUTRAGEOUS." I tend to agree, but welcome to paying professional wages for professional services. If you'd like to not end up footing any legal bills, you're welcome to buy the $29 plan and click Yes when prompted.