Terms and Conditions
What are Terms and Conditions
Terms and Conditions are a set of rules and guidelines that a user must agree to in order to use your website or mobile app. It acts as a legal contract between you (the company) who has the website or mobile app and the user who access your website and mobile app.
It’s up to you to set the rules and guidelines that the user must agree to. You can think of your Terms and Conditions agreement as the legal agreement where you maintain your rights to exclude users from your app in the event that they abuse your app, and where you maintain your legal rights against potential app abusers, and so on.
This type of legal agreement can be used for both your website and your mobile app. It’s not required (it’s not recommended actually) to have separate Terms and Conditions agreements: one for your website and one for your mobile app.
Here are few examples:
- The Intellectual Property disclosure will inform users that the contents, logo and other visual media you created is your property and is protected by copyright laws.
- A Termination clause will inform that users’ accounts on your website and mobile app or users’ access to your website and mobile (if users can’t have an account with you) can be terminated in case of abuses or at your sole discretion.
- A Governing Law will inform users which laws govern the agreement. This should the country in which your company is headquartered or the country from which you operate your website and mobile app.
- A Links To Other Web Sites clause will inform users that you are not responsible for any third party websites that you link to. This kind of clause will generally inform users that they are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.
- If your website or mobile app allows users to create content and make that content public to other users, a Content section will inform users that they own the rights to the content they have created.
The “Content” clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users.
Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA takedown notices received and you will take down the content.
- A Limit What Users Can Do clause can inform users that by agreeing to use your service, they’re also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreements so as to encompass the most amount of negative uses.
If you sell products (physical or digital), you’ll want Terms and Conditions for your store. Having the agreement in place will help you:
- Dictate how different aspects of transactions will be handled
- Inform users about acceptable payment terms
- Inform users about your shipping policies
- Inform users about your returns and refunds policies. You can also do this through a separate agreement, called a Return/Refund Policy, that you can reference in the Terms & Conditions agreement.
Let’s look at an example: the Limitation of Liability of Your Products clause.
No matter what kind of goods you sell, best practices direct you to present any warranties you are disclaiming and liabilities you are limiting in a way that your customers will notice.
You’ve probably noticed that these clauses in contracts are always in blocks of all-caps text and really do stand out from the rest of the document.
Apple iTunes, which probably isn’t dealing with high-liability goods, includes the following boilerplate language in its Terms agreement to deal with limiting liability and disclaiming warranties.
This exact language is used across multiple industries, businesses, and apps in order to legally disclaim warranties and limit liability.
Include the words “AS IS” for items and “AS AVAILABLE” if you provide any sort of service that may not be available 100% of the time. The final section is usually included verbatim as:
“…WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.”
Here’s a list of questions that can help you determine what to add in your own Terms and Conditions:
- Can users create an account on your website or app?
- Can users create or publish content on your website or app?
- Is the content published by users available publicly?
- Can users send you copyright infringement notices?
- If your website or app an ecommerce store?
- And so on
Before you publish the agreement online, make sure your Terms and Conditions includes important disclosures, such as:
- Termination of using or accessing your website or sections of your website to prevent abuses
- “Governing Law” disclosure to inform which country laws are governing the agreement
- Contact details to inform users how they contact you with questions regarding your legal agreements and its provisions