Creating terms and conditions for your website, app, or other service can be time-consuming and expensive—especially if you’re not sure what you’re doing and what to include. Many businesses look for terms and conditions software to take the hassle and expense out of the process.
SixFifty’s terms and conditions software helps companies create their own customized terms and conditions for their business. Instead of trying to do it yourself, or hiring a lawyer to write them from scratch, you can generate customized terms and conditions that comply with applicable state and federal laws.
Read on to learn more about terms and conditions, and how SixFifty makes it easier than ever to create them using the right legal language.
What should be included in terms and conditions?
The content of your terms and conditions can vary based on the circumstances of the business. Terms and conditions are the rules for how users can interact with and use your goods and services. For instance, a public records database might require users to agree that they will not use the information they access to stalk or harass others, while a social media app may restrict users to be over the age of 13.
Average terms and conditions may include the following:
- Governing law: Choose the governing law which applies to your agreement. This is usually the country and state where you’re headquartered.
- Termination clause: This clause gives your company the right to terminate a user’s account or access if they violate your terms of use. Your company should have the sole discretion as to whether to terminate an account.
- Terms of service: These are the rules and limits regarding how users can access and use your goods or services. Businesses should use as much detail as required to limit their liability.
- Content clause: If your service allows users to upload content for the benefit of other users, a content clause ensures that they retain the copyright to their own work. This clause should require users to grant you a license to display the work. It may also include notice that, should your company receive a DMCA takedown notice for copyright infringement, you have the right to remove the content without warning.
- Intellectual property clause: This clause alerts users that your intellectual property, such as website contents, logo, and other intellectual property belongs to you.
- Third-party website limitations: If your service links to third-party websites or services, inform users that your company is not responsible for third-party content or terms and conditions. Users must review and agree to those terms on their own.
- Disclaimer: Limit your business’s legal liability as much as possible with a disclaimer. There are a lot of different ways to structure this type of legal disclaimer. For example, you might want to inform your customers that delivery times are out of your business’ control and disclaim any liability associated with delays in shipping. This would protect your company from incurring any liability to users whose products arrive later than expected.
Keep in mind that terms and conditions can vary depending on your business’s specific needs and the nature of the industry. It’s a best practice to create customized terms and conditions and make sure they comply with applicable state and federal laws—otherwise, you could leave your company open to liability.
Are software terms and conditions legally binding?
Yes, terms and conditions that are created using a software service can be legally binding as long as they comply with applicable laws. How you create the agreement isn’t as important as its contents.
In order to be legally enforceable, your terms and conditions must be a valid contract. For a contract to be valid, it should include certain elements:
- Offer: All contracts include an offer to do something, or refrain from an action. In this case, you are offering to let a customer use your goods or service.
- Acceptance: The user or customer must accept the offer. In terms and conditions agreements, this is often in the form of clicking an “I agree” checkbox after reviewing them.
- Consideration: Consideration is what one party gives to the other in exchange for the goods or services. For example, a user might agree to allow a company to collect marketing data in exchange for free use of the service.
As long as you have not asked users or consumers to agree to terms that would not hold up in court, they actively agree to the terms and conditions, and the agreement is sufficiently clear enough for them to understand, it should be legally binding. Take note that enforceable terms, clear language, and the elements of the contract can vary, so it’s best to consult with a lawyer—or generate your language using a trusted service written by legal experts like SixFifty.
How do you write a basic set of terms and conditions with software?
The easiest way to write basic terms and conditions with software is to sign up for SixFifty.
Our terms and conditions software pairs real legal expertise with powerful technology, so it’s fast and easy to create a customized, legally enforceable agreement. All you have to do is answer a few questions about your business and download the generated document. Voila! You’re ready for launch.
Ready to find out more? Schedule a free product demo today!
