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A Terms of Service agreement establishes the legal relationship between your business and the people who visit your website or use your app. They can be relatively simple or extremely complex, depending on the nature of your business and the relationship with users.
Privacy Policies are required by law for most websites. They outline how personal data is collected, stored, and used by the website or app. Privacy Policies are becoming increasingly important as the general public becomes more conscious of their personal data, and government regulations get more strict.
Establish rules and rights.
This is where you state your rules for using the website and the actions you can take against users that break those rules, like terminating their accounts. An example could be removing a user that posts abusive or defamatory comments.
Limit your liability.
You can limit the damages if a visitor ever sues you for having inaccurate information on your site or app. Set maximum amounts for payouts and exclude specific types of damages that pertain to your business.
Set the governing law.
Clearly state which jurisdiction governs your business. This also establishes which laws your website or app is following and which courts will govern legal proceedings.
Avoid costly disputes.
Keep any potential issues out of the courts by including arbitration provisions. You can reduce the costs of disputes and minimize negative exposure to your business.
These two agreements are very closely related, so it’s generally faster for lawyers to draft them together than to draft them separately. Instead of paying $780 for Terms of Service and $360 for Privacy Policies ($1,140 total) you can save $160 by purchasing them together.
First you'll have a kick-off call with your Good Lawyer to discuss your website or app. After the call, your lawyer will carefully complete your Terms of Service and Privacy Policies. They will share a copy of the final documents.
1. Project kick-off call to gather information, advise you and answer questions
3. One round of minor revisions
Pick a time for your project kick-off call with a good lawyer.
Your lawyer will help you understand exactly what you need.
Receive digital copies of your new Terms of Service and Privacy Policies, ready to add to your website or app.
Get your paperwork done the easy way so you can get back to running your business.
Terms of Service aren’t required by law, but that doesn’t mean that you don’t need them. If you are ever sued by a user of your site or app, you would point to your Terms to protect yourself. Without proper Terms, there is no way to prove the agreement between users and your business. It’s your word against theirs.
Online businesses usually have their own complexities and nuances that can’t be captured in a standard or automated template, or by copying another site’s agreements. The only way to ensure you and your business are completely protected is to have Terms that are custom-tailored to your website and/or app by an experienced lawyer who knows what to look for.
Yes. Generally, agreement to the Terms is established in the form of a browse-wrap agreement wherein the user, by using the site or app automatically agrees to the terms, or a click-wrap agreement when the visitor signs up for an account. Terms of Service might become void however if the visitor or user is unknowingly forced to agree, if the terms of the agreement are unclear, or if the terms in the agreement are not legally valid. It’s important to get your Terms of Service drafted by a professional who can ensure your Terms are rock solid.
Privacy Policies and Terms of Service documents are closely related as they both govern the relationship between your business’ online presence and your customers’ online visits. It is extremely common to get both documents drafted at the same time for increased efficiency and minimized costs.
Yes, absolutely. You can use the Goodlawyer platform to send messages and files. If substantially more communication is needed, your lawyer may request another call.
These documents are essential to any successful website and business. To find out more, check out our blog post.
Goodlawyer is an interactive online service that makes it faster and easier for clients to find and hire legal help solely based on their preferences. We are not a law firm, do not provide any legal services, legal advice or “lawyer referral services” and do not provide or participate in any legal representation.