Terms and Conditions

Terms and Conditions

A Terms and Conditions agreement is where you let the public know the terms, rules and guidelines for using your website or mobile app. They include topics such as acceptable use, restricted behavior and limitations of liability.

This article will get you started with creating your own custom Terms and Conditions agreement. We've also put together a Sample Terms and Conditions Template that you can use to help you write your own.

What are Terms and Conditions Agreements?

A Terms and Conditions agreement acts as a legal contract between you (the company) and the user. It's where you maintain your rights to exclude users from your app in the event that they abuse your website/app, set out the rules for using your service and note other important details and disclaimers.

Having a Terms and Conditions agreement is completely optional. No laws require you to have one. Not even the super-strict and wide-reaching General Data Protection Regulation (GDPR).

Your Terms and Conditions agreement will be uniquely yours. While some clauses are standard and commonly seen in pretty much every Terms and Conditions agreement, it's up to you to set the rules and guidelines that the user must agree to.

Terms and Conditions agreements are also known as Terms of Service or Terms of Use agreements. These terms are interchangeable, practically speaking. More rarely, it may be called something like an End User Services Agreement (EUSA).

Check out our Terms and Conditions FAQ article for more helpful insight into these important agreements.

You can use this agreement anywhere, regardless of what platform your business operates on:

Canada's Personal Information Protection and Electronic Documents Act (PIPEDA)

The California Online Privacy Protection Act (CalOPPA)

The California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA)

Europe's General Data Protection Regulation (GDPR)

Australia's Privacy Act

The UK's Data Protection Act

Desktop apps usually have an EULA (End-User License Agreement) instead of a Terms and Conditions agreement, but your business can use both. Mobile apps are increasingly using Terms and Conditions along with an EULA if the mobile app has an online service component, i.e. it connects with a server.

Is a Terms and Conditions Agreement Required?

A Terms and Conditions is not required and it's not mandatory by law.

Unlike Privacy Policies, which are required by laws such as the GDPR, CalOPPA and many others, there's no law or regulation on Terms and Conditions.

However, having a Terms and Conditions gives you the right to terminate the access of abusive users or to terminate the access to users who do not follow your rules and guidelines, as well as other desirable business benefits.

It's extremely important to have this agreement if you operate a SaaS app.

Here are a few examples of how this agreement can help you:

If users abuse your website or mobile app in any way, you can terminate their account. Your "Termination" clause can inform users that their accounts would be terminated if they abuse your service.

If users can post content on your website or mobile app (create content and share it on your platform), you can remove any content they created if it infringes copyright. Your Terms and Conditions will inform users that they can only create and/or share content they own rights to. Similarly, if users can register for an account and choose a username, you can inform users that they are not allowed to choose usernames that may infringe trademarks, i.e. usernames like Google, Facebook, and so on.

If you sell products or services, you could cancel specific orders if a product price is incorrect. Your Terms and Conditions can include a clause to inform users that certain orders, at your sole discretion, can be canceled if the products ordered have incorrect prices due to various errors.

And many more examples.

In summary, while you do not legally need a Terms and Conditions agreement, there are many many reasons for you to have one. Not only will it make your business look more professional and trustworthy, but you'll also be maintaining more control over how your users are able to interact with your platforms and content.

How to Enforce Terms and Conditions Agreements

You should always use clickwrap to get users to agree to your Terms and Conditions. Clickwrap is when you make your users take some action - typically clicking something - to show they're agreeing.

Here's how Equifax does this. Users cannot continue with creating an account until clicking the box that shows they agree to the Terms:

Creating a Terms and Conditions agreement is quite simple. After you have your agreement created, make sure to display it somewhere where people can easily find and access it at any time.

And don't forget to make sure you get agreement to your terms from anyone who signs up for an account with your website, downloads your mobile app, makes a purchase, signs up for a subscription or in any other way becomes connected to your business.

Terms and Conditions FAQs

Here is a list of frequently Here is a list of frequently asked questions that you may find useful. questions that you may find useful.

1. Is a Terms and Conditions agreement required?

To upgrade from mono to dual, simply contact our customer care team for assistance.

2. What are the benefits of having a Terms and Conditions agreement?

To upgrade from mono to dual, simply contact our customer care team for assistance.

3. What clauses should be in my Terms and Conditions agreement?

To upgrade from mono to dual, simply contact our customer care team for assistance.

4. Where do I display my Terms and Conditions agreement?

To upgrade from mono to dual, simply contact our customer care team for assistance.

5. How do I make my Terms and Conditions agreement enforceable?

To upgrade from mono to dual, simply contact our customer care team for assistance.