If you’re a business owner with a website, you’ll want to have a terms of service agreement in place. A sample terms of service agreement should state that the user must agree to the terms to use the service, thereby acting as a contract between the business owner and its customer.
The good news it that you don’t need a lawyer to write a terms of service agreement — instead, you can use Incfile’s lawyer-approved Terms of Service contract template, which contains all of the standard information and is customizable for your unique needs.
What Is a Terms of Service Agreement?
These can include copyright and content protection, standards of user interaction, the legal rights of the provider to prohibit users who abuse the terms and the right to pursue legal action against them if they choose. Websites and apps are the most common business that use a Terms of Service Agreement.
Why Do I Need a Terms of Service Agreement?
In most circumstances, a terms of service agreement is not legally required. However, it is always in your best interest to have one to protect yourself and your business from liability claims, copyright infringement and potential user abuse. Having a solid terms of service agreement allows you to restrict user access when the terms have been violated and to avoid unwanted or inappropriate use of your service.
A terms of service agreement is also important to avoid liability issues and to state what the provider is or is not allowed to do with user information. In addition to legal protection, it builds transparency between you and your users or clients.
What Should a Terms of Service Agreement Include?
- Name of the product or service and what it provides
- Who owns the content and intellectual property
- Limitation of liability and disclaimer
- Rules and regulations for using the service, such as copyright and use of content, payment details for memberships and rules users must follow when interacting with other users
- Under which state or federal laws the company operates and under which laws violations of contract can be pursued
- Links to other policies
- Clauses describing the provider’s rights, including the right to amend terms
- Contact details
How Can I Enforce My Terms of Service Agreement?
In order to enforce a terms of service agreement, it’s essential to have the consent of the user, which is why most websites and apps have users agree to the terms of service before ever using their platform.
A checkbox is an easy and useful way to get explicit consent. In certain circumstances, it may be possible to rely on implied consent by posting the terms of service prominently on your website or app, but it’s better to play it safe and get explicit consent in all cases.
Constructing a Solid Terms of Service Agreement
Downloading Incfile’s general Terms of Service template is the first step to ensuring that your business has a strong terms of service agreement. Using a template is a good way to make sure you are including important clauses and personalizing them according to your company’s specific needs. Incfile is here to help you establish and grow your business through our additional resources and catalog of lawyer-approved documents.