You may not realize it, but your Terms of Service document is a legally binding contract with each user of your website or mobile application.
Don’t be fooled by online “generators” and templates. No two products are exactly alike and these boilerplate agreements tend to be sloppy at best. The risk can be far greater — if you violate the terms of one of these poorly drafted agreements, you could be susceptible to legal action from the users of your website or even the Federal Trade Commission. We can do it right the first time.
Here are some questions we’re frequently asked about Terms of Service and Privacy Policies:
Question: What is the difference between a Terms of Service and an End User License Agreement?
Answer: These documents achieve the same goal. Generally, Terms of Service are used for websites and mobile applications. End User License Agreements (EULAs) are typically used for Software (including Software as a Service).
Question: I’ve read that I can be sued if people use my website to post videos or music that infringe on someone else’s copyright. Is that true?
Answer: Yes. Fortunately, federal law provides you with a “safe harbor” if you comply with certain steps. This is often called a “DMCA Notice” or “DMCA Takedown.” We can explain this to you in more detail and include the proper mechanism in your Terms of Service.
Question: Should users click “accept” for the Terms of Service or is posting it online enough?