Terms and Conditions govern the contractual relationship between you and your users and set the way in which your product, service or content may be used, in a legally binding way. It is essential for protecting your content from a copyright perspective as well as protecting you from potential liabilities. Terms typically contain copyright clauses, disclaimers and terms of sale, allow you to set governing law, list mandatory consumer protection clauses, and more.
Because the Terms & Conditions document is essentially a legally binding agreement; it is, therefore, not only important to have one in place, but also necessary to ensure that it meets legal requirements. This means that the document must be up-to-date with all applicable regulations, precise, visible and easily understandable so that users can both easily see it and agree to it. The “agreeing action” should be done in an unambiguous way (e.g. clicking a checkbox with a visible link to the document before being able to create an account or use the service).
While the full content may vary based on the particulars of your business, the Terms and Conditions should at least include the following:
One of the questions we’ve come across from time to time is “Can I just use a terms and conditions template?”. Despite how simple they appear, terms and conditions are meant to meet incredibly complex and highly specific scenarios. Because each terms and conditions document is a legally binding contract that is meant to protect you, the business owner, it’s critically important that the document matches your specific business processes, model, and remains up-to-date with the various laws referenced in its contents.
Templates simply cannot do this, therefore, we strongly suggest that you avoid using templates.
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