Terms & Conditions Generator

I think TermsFeed is great. I liked that it was hassle free and easy to set up.

Again, it's a great feature for a fast and cheap set up, which gives me peace of mind, as I know have a Terms of Use agreement. :-)

- generated a Terms & Conditions agreement.

I liked using TermsFeed very much. I thought the website was easy to navigate and the instructions for generating the terms was clear.

I even recommended you on a Facebook Group I am a member of.

- generated legal agreements for her business.

Terms & Conditions for Websites

Because a Terms and Conditions agreement is the agreement where you inform the users of your website about the rules, terms and guidelines that they need to follow in order to use and access your website, a Terms and Conditions agreement has become extremely important.

While it's not required by any laws currently (but third-parties such as Facebook may require it), through a Terms and Conditions you can maintain your rights to exclude certain users that may abuse your website or do not follow the rules you set.

It doesn't really matter what kind of platform your website uses:

  • WordPress
  • Joomla, Drupal
  • Wix
  • Weebly
  • And so on

If you don't have this agreement for your website yet, use the Generator to create it! Terms and Conditions for Websites

Terms & Conditions for Ecommerce Stores

Unlike a Privacy Policy that is required for almost all online businesses, a Terms and Conditions isn't required for an ecommerce store, but it's extremely important to have it.

A Terms and Conditions could legally protect your ecommerce store. It is in this type of legal agreement where you set the rules that your customers would follow during a purchase and limit your liability in the event that your products fail.

Terms & Conditions for Mobile Apps

The Terms and Conditions agreement can act as a legal contract between you, the mobile app owner or developer, and the users of your app. Like a Terms and Conditions for a website, this agreement for a mobile app would set the rules and terms that users must follow in order to use your app.

Here are a couple of reasons why you'll want to have a Terms and Conditions for a mobile app:

  • You can stop abusive users from using your app.
  • You can terminate or block accounts at your sole discretion.
  • Liability to users will be limited.
  • And many more.

If you don't have this agreement for your mobile app yet, use the Generator to create it!

Terms & Conditions for SaaS apps

There are multiple reasons why SaaS businesses would want to have a Terms and Conditions as a legally binding agreement between the company and the customers accessing and using the app on a regular basis.

Think of the Terms and Conditions as a legal contract that the SaaS company and its customers are signing together: the terms and rules as set in the agreement will govern the access to the app.

Here's why you'll want this agreement if you're developing a SaaS app:

  • If a paying customer didn't pay yet, you can block or suspend access of that user to the app.
  • If your app allows user-generated content to be posted publicly and users start posting infringed content, you can retain your right to remove any content that infringes copyright.
  • You can choose to include arbitration clauses.
  • And meny more

If you don't have this agreement for your SaaS app yet, use the Generator to create it!

Terms & Conditions Facebook Apps & Pages

A Terms and Conditions URL is asked by the Facebook team when you are submitting your Facebook app for review. While the agreement isn't mandatory by law, Facebook asks for the URL to your Terms and Conditions at the "Contact Info" section.

It's beneficial to have a Terms and Conditions for your app before you submit it to the review process as you can outline what users must do or cannot do to access and continue to access your Facebook app once it is live.

Terms & Conditions FAQ

A Terms and Conditions agreement acts as a contract between you and your users.

A Terms and Conditions agreement defines the rules, requirements, acceptable behavior, and other useful terms users must agree to before using your website or mobile app.

A Terms and Conditions maintains your right to terminate access to your website or app and gives users notice of acceptable options when using your app.

Terms and Conditions are also known as Terms of Service or Terms of Use.

A Terms & Conditions can address any subject matter that affects the use of your website or mobile app:

  • Payment terms for subscription services
  • Abuses and illegal activity that leads to termination of accounts
  • Community guidelines
  • Copyright and trademark protection of your resources plus any content uploaded on your website or app

Terms and Conditions agreements can vary. For example, a dating app will contain very different rules than one designed for photo sharing.

That's why you need to create your Terms and Conditions and resist the temptation to borrow one from any other website.

Unlike Privacy Policies, there are no laws that require you to have a Terms & Conditions agreement.

However, if you don't have one, you may lack the ability to enforce community guidelines, copyright protection, and other issues that could arise from the use of your website, software or app.

There are five reasons why a Terms and Conditions is necessary:

  • Prevent abuse.

    This is especially necessary if your app or website allows for interaction between users.

    Users will not want to use your website/service or service if defamation, spamming or other abusive behavior is uncontrolled.

    Without a Terms & Conditions, you lack the authority to suspend or ban users who display problematic tendencies.

    An example of of this is present in the Terms and Conditions agreement of OKCupid, which is managed by Humor Rainbow:

    User Conduct in Terms and Conditions of OKCupid

  • Protect your content.

    As the business owner, you own the logo, content, and design of your website or app. The Terms & Conditions agreement informs users of this fact and prevents them from misappropriating it.

    Pandora offers an example in its Terms of Use page:

    Intellectual Property in Terms of Use of Pandora

  • Preserve right to terminate.

    While termination may be implied in other clauses, having a distinct right outlined in the Terms and Conditions to terminate accounts is better.

    A good example is Yahoo which grants this remedy for any violation or breach of its Terms & Conditions:

    Termination clause in Yahoo! Terms of Service

  • Limit liability.

    The Terms & Conditions agreement also limits causes of actions your users may attempt to use against you. These limits on liability may address errors in content or system shutdowns.

    Basically, terms explain that users assume these risks when they sign up for your app, website or service and you cannot be held liable for any losses they sustain in these events.

  • Notice of governing law.

    If your company is located in California, it's doubtful that you want to attend an arbitration proceeding in Singapore.

    That's where the section on governing law comes in: you state the jurisdiction of your terms and indicate where any dispute resolution must take place.

    In its "Conditions of Use" agreement, Amazon, limits dispute resolution to the Federal Arbitration Act and Washington state law:

    Applicable law in Conditions of Use from Amazon

These are all the same type of agreement. Terms of Service and Terms of Use indicate rules, limits, and protections just as much as Terms and Conditions.

The name of the agreement basically depends on the preferences of the business.

There's a lot of creativity when it comes to naming Terms and Conditions agreements. As mentioned above, Amazon calls theirs "Conditions of Use".

Twitter gives you a link simply to "Terms" and calls the document Terms of Service. Terms of Use also arises frequently.

A Privacy Policy describes the type of personal information collected and how the data is used and distributed. The Privacy Policy is a document that's legally required in most jurisdictions that addresses the often delicate matter of online privacy of users.

Your Privacy Policy will not contain rules of use or conditions when membership can be terminated, which are to be found in a Terms & Conditions agreement instead.

You provide a Privacy Policy to remain compliant with the law and give users notice that will collect, use, and store their personal information.

The EULA agreement is a contract just like the Terms & Conditions. However, the EULA agreement is a purchase contract rather than a use agreement.

The EULA agreement gives the user the right to use a copy of your software after they pay for it. It prohibits actions that work against your intellectual property rights, like reverse engineering or changing code and selling off the software as a new product.

While some products have a general EULA, it's also not uncommon to see this agreement arise in more specialized transactions, such as a developer creating a custom product for a client.

Software and services with a Terms & Conditions agreement normally don't involve the sale of a product.

Services (websites, apps etc.) needing a Terms & Conditions are used and accessed but not purchased. The Terms & Conditions is wider in scope and dictates rules regarding that use which could include intellectual property situations but mainly behavior and the types of use that are authorized.

It's not uncommon for the terms in a Privacy Policy and Terms & Conditions to overlap.

Twitter takes this approach in its Terms & Conditions:

Privacy Section in Twitter Terms of Service

However, notice that while there's a broad description of Twitter's privacy practices, the "Privacy" section also contains a link to the actual Privacy Policy.

This is likely the best way to address this issue if you want privacy terms in your Terms & Conditions.

Since there are laws requiring a Privacy Policy, you need to make that a separate agreement no matter what you place in your Terms & Conditions. Never rely on your Terms & Conditions as the sole presentation of your privacy terms or you risk liability.

Your mobile app definitely requires a Terms & Conditions. Mobile apps require rules of use as much as websites and software-as-service platforms.

This is especially true if your app encourages interaction, shares content or contains a subscription service.

If your product or service operates on both an app and a website, you do not need to draft separate Terms & Conditions agreements for each. Create just one Terms & Conditions that applies to both or you risk inconsistent terms and confusion.

Normally, an app and website are similar enough that the terms can apply to both.

There are two steps to assuring enforcement of your Terms & Conditions agreement:

  1. The first is to confirm acceptance of the terms
  2. And the second is being consistent with your enforcement measures.

You need the user to accept your Terms & Conditions agreement before you enjoy enforcement powers.

Browsewrap methods makes the Terms & Conditions agreement available to users as they are using your website. However, the clickwrap method means the acceptance of a Terms & Conditions upon registration, creating an account, accessing a certain section of your website/app, and so on.

Dropbox makes its agreements available on its website footer section. This counts as a browsewrap method:

Highlighted Privacy & Terms in Dropbox footer

Clickwrap means links to your legal agreements during the sign-up process or providing a checkbox that requires users to acknowledge the Terms & Conditions.

BambooHR requires agreement to the Terms of Service and Privacy Policy:

BambooHR Sign Up Clickwrap Checkbox: Agree to Terms of Service and Privacy Policy

Wix merely states that users agree to the Terms of Use and Privacy Policy by merely signing up:

Wix example of clickwrap: By signing up you agree to Terms and receiving emails

Notice that in all these examples, the agreements are available through links. Allowing this access to the linked agreements and then having the user understand that signing up or clicking a checkbox means assent to the agreements allows the agreements to be enforceable.

Once you have the Terms & Conditions drafted and in place, enact enforcement policies. Consistency is key here.