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What are the Terms of Service and when are they needed?

The Terms of Service is the document governing the contractual relationship between the Owner of the data and the eventual user. This document is often called also General Conditions, Terms and Conditions (T&C), TOS or Legal notes etc.

The Terms of Service is none other than a contract in which the Owner clarifies what the conditions of the use of its service are, with reference to the use of the content (copyright), to the rules that users must follow while interacting one another within the website/app and to the rules related the cancellation or suspension of one’s account etc.

Particular emphasis is given to the limitation of liability clauses (disclaimer), for example the case of malfunctions of the app or website, but also reimbursement for incidents of unauthorized use of the website/app and its contents.

The TOS represent therefore the document where the liability of the Owner is assessed in relation to that of the user in cases of disputes relating to the service(s) provided. Because of that the TOS is fundamental in many cases in order to mount an adequate and proper defence.

What should I do if I run an e-commerce website? Is it recommended to create Terms of Service?

Yes, it is not only advisable but also often mandatory.

The website/app must predispose and integrate the Terms of Service each time that complex issues are at stake, for example in the case of e-commerce, where among other things, the money transactions are processed directly through the platform.

For this reason it is therefore necessary – in addition to those described so far – to comply with internal procedures regarding the rules of electronic commerce.

In the case of e-commerce sites, the terms of service becomes the document that should contain in detail the sale conditions adopted by the website/app, namely all the clauses related to method of payment, shipping and delivery, withdrawals and repayments etc. as required by consumer protection regulations.

Can I generate my Terms of Service with iubenda?

Currently our online generator doesn’t allow the creation of Terms of Service – which we have understood requires distinct document from privacy and cookie policy.

Even if a TOS’s online generator is not currently available, we can still assist you with our Custom Assistance Service, which includes the direct support of our legal partner network.

Using our Custom Assistance Service, you can request assistance from our team of lawyers for the drafting of customised privacy policies, customised terms and conditions, and for general legal review and counsel.

Usually the fee for our assistance service starts from $900 (one off). The pricing is on a different range than the online service but what we are offering is a premium level service that can usually cost several thousand dollars.

If you would like to have more information regarding our Custom Assistance Service, or to request a quote, then please don’t hesitate to contact us at

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