Terms and Conditions Generator – Legal Changelog

December 18, 2023

Fixed (in all languages):

the EU legal guarantee of conformity clause and the clauses on the extension of the EU legal guarantee of conformity to all consumers and all users in general;
the legal guarantee on second-hand or used goods clause;
the UK legal guarantee of conformity clause.

Added:

a mandatory EU legal guarantee of conformity clause for digital goods and digital services;
a clause useful if digital products that may have characteristics deviating from the objective requirements of conformity are sold;
a clause useful if one or more updates to the digital product are provided;
clauses on modification of digital products, particularly useful if the digital product is modified from time to time, at no additional cost, in order to ensure its conformity at all time.

The changes are needed due to EU requirements. All new terms will get the fixed version. Already generated terms will get the update rolled out as soon as they make a change. Users with existing Terms documents interested in the newly available options can get in touch and request its rollout to their account or generate a new Terms and Conditions document.

December 15, 2023

Added in beta (for newly generated terms): created a disclaimer of legal guarantee of conformity clause for consumers in Switzerland. According to Swiss law, it is possible to completely exclude the guarantee of conformity if you sell physical and/or digital goods to consumers in Switzerland. If this clause is not selected, the default 2-year guarantee will apply (there is no need for a guarantee clause to be present in the terms for this to apply).

Users with existing Terms documents interested in this clause can get in touch and request its rollout to their account or generate a new Terms and Conditions document.

November 22, 2023

Fixed some typos for the French version:

Dispute resolution clauses;
Severability clauses;
Guarantee clauses;
Withdrawal clauses;
Purchasing process clauses;
Methods of payment clauses;
Failed delivery clauses;
Retention of Product ownership clause.

All new terms will get the fixed version; already generated terms will get the update rolled out as soon as they make a change.

November 17, 2023

Added:

Exception for consumers in Switzerland in the governing law section, required if consumers in Switzerland are targeted (contracts with consumers in Switzerland must be governed by Swiss law).

Fixed (in all languages) the clauses selected with:

the options “The technical requirements for devices are: common and up-to-date” or “If you can be more specific, define the technical requirements for the devices yourself” under the software licenses for provided software section;
the options “Default delivery clause” or “Delivery clause that mentions the countries delivered to” under the clauses related to delivery section;
the option “Use “The right of withdrawal applies to European consumers only” (what the law intends)” under the withdrawal target audience section.

All new terms will get the fixed version. Already generated terms will get the update rolled out as soon as they make a change. Users with existing Terms documents interested in the newly available options can get in touch and request its rollout to their account or generate a new Terms and Conditions document.

November 14, 2023

For the German version:

Changed the title of the liability and indemnification section from Haftung und Entschädigung to Haftung und Schadloshaltung;
Changed the title of the indemnification clauses (both for the US and the EU) from Entschädigung to Schadloshaltung;
Changed Gesamtzahlungen with Summe aller Zahlungen in the limitation of liability to compensation for B2B cases clause.

All new terms will get the fixed version; already generated terms will get the update rolled out as soon as they make a change.

October 30, 2023

Fixed under the guarantees and after-sales services section:

the clauses on the optional “money-back-guarantee”;
the clauses on the optional “best-price-guarantee”.

The clauses include now “The above does not affect the Users’ rights to seek remedy free of charge in the event of a lack of conformity of the Product under applicable law.”.

The changes are needed due to EU requirements. All new terms will get the fixed version; already generated terms will get the update rolled out as soon as they make a change.

October 27, 2023

Added in beta (for newly generated terms): created a new indemnification clause for digital products (for B2B). Choosing this option, an additional statement will be added, specifying that the indemnification clause applies to any claims exercised by third parties (including but not limited to the owner’s clients or customers) against the owner related to digital products.

Users with existing Terms documents interested in this clause can get in touch and request its rollout to their account or generate a new Terms and Conditions document.

October 24, 2023

Added in beta (for newly generated terms): created a new “provision of personal data” clause, particularly useful if personal data are provided by users in order to access or receive some of the products provided via the website or application.

Users with existing Terms documents interested in this clause can get in touch and request its rollout to their account or generate a new Terms and Conditions document.

September 18, 2023

Added under the EU exceptions from the right of withdrawal section:

a clause in case of provision of services, after the service has been fully performed, when the consumer does not pay a price but provides or undertakes to provide personal data;
a clause in case of provision of digital content which is not supplied on a tangible medium if the performance has begun, when the consumer does not pay a price but provides or undertakes to provide personal data.

Fixed under the EU exceptions from the right of withdrawal section:

the clause on the provision of services, after the service has been fully performed, includes now “if the contract places the Consumer under an obligation to pay”;
the clause on the provision of digital content which is not supplied on a tangible medium includes now “if the contract places the Consumer under an obligation to pay” and “such circumstances have been confirmed by the Owner”.

The changes are needed due to EU requirements.

September 01, 2023

Fixed the US limitation of liability clause (“User” instead of “company”);
Fixed the EU limitation of liability clause (“material” instead of “essential”);
Fixed a clause in the French version of the terms under the target audience (B2B) section (“professionnels” instead of “commerciaux”).

All new terms will get the fixed version. Already generated terms will get the update rolled out as soon as they make a change.

June 29, 2023

NEW

“Right of regret” section, required by law if consumers in Brazil are targeted: unless exceptions apply, users who are consumers in Brazil have a legal right of regret under Brazilian law and may be eligible to withdraw from contracts made online within 7 days, for any reason and without justification (users that do not qualify as Consumers, cannot benefit from the right of regret);
Mandatory guarantee of conformity clauses for goods, digital goods, and services for consumers in Brazil (the guarantee of conformity is mandatory whenever goods, digital goods, or services are sold to consumers in Brazil);
Exception for consumers in Brazil in the governing law section, required if consumers in Brazil are targeted (under Brazilian consumer law, a choice of law cannot deprive consumers of their statutory rights);
Exception for consumers in Brazil in the venue of jurisdiction section, required if consumers in Brazil are targeted (in some countries, e.g., Brazil, the place of jurisdiction may not be validly established by contract if the contracting party is a consumer). We have added also another exception applicable to all consumers in general;
“Right to cancel” section, required by law if consumers in the United Kingdom are targeted: unless exceptions apply, users who are consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online within 14 days, for any reason and without justification (users that do not qualify as consumers, cannot benefit from the right to cancel);
Mandatory guarantee of conformity clauses for goods and digital goods for consumers in the United Kingdom (the guarantee of conformity is mandatory whenever goods or digital goods are sold to consumers in the United Kingdom);
After-sales assistance clauses, necessary under EU/UK law if after-sales assistance is provided to consumers;
Additional statement to the service interruption clause in order to specify how many days’ advance notice are given to users in case of service interruption (laws of certain countries might require advance notice to users);
Software technical validity period clauses: under Brazilian law, software licenses must always indicate the technical requirements applicable to the software (however, these are useful clauses that can also be used for other countries);
General statement on the limitation of liability for generic users, if users in the UK, EU, USA, or AUS are not targeted;
Additional statement to the changes to the document part, in order to specify how many days’ advance notice are given to users in case of upcoming changes to the term (according to EU consumer law, users must be informed in good time before any change to the contractual relationship with the owner becomes effective).

UPDATE

The governing law exception for European Consumers is now renamed to “Prevalence of national law” since it is applicable also to other countries (eg., the UK), and not only to EU countries;
The venue of jurisdiction clause for EU, Switzerland, Norway or Iceland (required if consumers in these territories are targeted) now includes also the reference to the UK;
The brokering clause now includes the reference to the fact that the selection criteria are described in detail in a relevant section of the website or application since it is important to disclose the objective criterion to address transparency issues to the consumer and to avoid allegations of unfair competition;
In the nature of the offer clauses (“The offer is binding and the contract is concluded upon submission of the order/ The offer is non-binding and concludes upon you/the owner accepting the offer”), “active input” is substituted with “an action”, since it’s not necessarily always an input that’s needed, but rather an action, more generally speaking;
In the clauses about who processes the payments (“Only third-party services are used for payment processing/Third-party services are used for payment processing, but you also directly process payments”), the statement “Any possible costs or fees resulting from the failed or refused payment shall be borne by the User” is substituted with “If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User” since the user cannot automatically be charged, and it should be evaluated on a case-by-case basis if there is a liability on its part;
In the “Who the right of withdrawal applies to” part, it is now specified that those clauses are applicable without prejudice to any more specific rights available to users based on applicable law and/or the document;
In the contractual legal guarantee period extension clause, it is now specified that it is a period extension to the EU legal guarantee.

Other:

We made some additional maintenance wording changes to the following clauses: “Liability for provided content“, “Marketplace general statement”, “Service interruption” and “Changes to the document”.

January 30, 2023

UPDATE Changed/added the UK reference to the “Disclaimers of warranties, limitations of liability and indemnity” section, in order to make sure the scope of the clause includes the UK, as originally intended.

January 12, 2023

UPDATE Added in beta (for newly generated terms): created a new “lifetime subscription” clause for subscriptions based on a lifetime subscription model (i.e. that are applicable when users can access the service with a one-time payment, without further future payments, and use the service for its lifetime, for as long as the service exists).

There is a further optional sub-clause that can be selected to offer a refund if the service is discontinued within a period of time (e.g., 6 months).

Users with existing Terms documents interested in the lifetime subscription clause can get in touch and request its rollout to their account or generate a new Terms and Conditions document.