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.

Stark Business Law PLLC can create a custom tailored Terms of Service and Privacy Policy for your website or mobile app that will protect your business while providing maximum flexibility for growth. We’ve created these documents for dozens of websites, apps, and software programs and we will apply our experience to your unique needs. We provide this service for an affordable flat fee.

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 a Privacy Policy?

Answer: Your Terms of Service (also known as Terms of Use or Terms and Conditions) is a legally binding contract between you and each user of your website, mobile application, or software program. It outlines the ways in which people can access and utilize your platform. This often includes terms of payment, refund policies, restrictions on inappropriate content, and restrictions on sharing or modifying your intellectual property. It’s also a great place to include disclaimers, limitations on warranties, indemnities, and other provisions to protect your company. By contrast, a privacy policy is a document (required by several federal and state laws) that outlines the ways in which you use, store, and share personal information from users.

 

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: Can I modify my Terms of Service or Privacy Policy?

Answer: Yes, but you should follow the steps for amendment or modification as described in your Terms of Service or Privacy Policy. Additionally, some courts have refused to enforce unilateral modification (modification by you without giving the user a chance to review and accept). Contact us to discuss the best way to do this.

 

Question: Should users click “accept” for the Terms of Service or is posting it online enough?

Answer: Simply posting your Terms and Privacy Policy with a small link at the bottom of your website is known colloquially as “browse-wrap.” On a content driven website without user registration, this may be your only option. However, having the users actually accept the Terms and Privacy Policy during registration or with an interstitial page is the best practice.  There have been instances where courts have refused to enforce browse-wrap documents.