Are Terms of Service legally binding? How can Terms and Conditions be enforced?
In this post, we answer these questions and show you how to write a terms of service document that can actually help to protect you and your business from legal liabilities.
Since they are a contract, terms and conditions are legally binding to every extent.
When you set your terms of service and users agree to them, they formally accept a legal agreement. That’s also why you need to notify your users if you make any changes to your document.
This article is a part of our series on compliance for websites and apps. Read also:
The first step to an effective and enforceable Terms of Service is to have an accurate and legally sound document. Next, you need to make sure that your users can easily access and read it.
The best way to do it is usually by giving your users some way to acknowledge that they’ve seen and have accepted your Terms. Without a clear, provable action from your users’ side, it can, in some cases, be more difficult to enforce your Terms of Service.
Here’s what you should do:
Remember to keep track of these actions, so that you can be able to prove that users read and agreed to your terms.
Once users have agreed, you can freely enforce the terms set out in your Terms of Service document (as long as they do not violate applicable law). So for example, if a user uploads content that is in violation of your terms, you can rightfully choose to suspend or remove their account.
Lastly, keep in mind that terms of service apply both ways. Therefore, you are also required to act in accordance with the terms you’ve set out. For example, if you’ve stated that refunds are available, you must abide by that rule.
For your Terms of Service to be effective, they have to:
While the full content may vary based on the particulars of your business, Terms of Service should at least include these elements:
Generating and setting up your Terms and Conditions with iubenda is pretty straightforward, and you’re guided along the way. Our Terms and Conditions Generator lets you easily generate and manage terms and conditions that are professional, customizable from over 100 clauses, available in 9 languages, drafted by an international legal team, and up to date with the main international legislations.
The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.