What are Terms of Service AI Mistakes?
A Terms of Service (ToS) is a legal agreement that outlines how an online service can be used, such as by including information about prohibited and permitted uses and platform rules. It’s commonly used by website owners or people offering a subscription service.
If you need to draft a Terms of Service, you might consider using an AI tool to generate one for you. While this can be an appealing idea, it’s risky.
Read the rest of this article to explore the most common Terms of Service AI mistakes, how you can avoid them, and why you should never sidestep legal guidance from a qualified lawyer when drafting or reviewing a ToS.
What are Common Terms of Service AI Mistakes?
When AI tools generate a ToS for you, you might initially be impressed. The draft will probably look professional and comprehensive, but it could be hiding some significant errors that put you at risk. Here are some common errors AI tools make when drafting a ToS.
- Complicated glossary. Including a glossary of important terms in the ToS is recommended to make the detailed document easy for parties to understand. AI tools might make this too complex or you might find that terms aren’t consistent throughout the document, creating ambiguity.
- Lack of payment details. The payment section of your ToS is important to clarify so that users understand how they will be billed and for what. While an AI tool might state the payment basics, it might neglect other information, such as regarding tax considerations and refunds.
- Lack of document references. It’s useful for your ToS to align with your privacy notice so that you maintain consistency and transparency with your users. If you’re drafting a ToS for the first time, you might not notice that an AI tool hasn’t included this, potentially creating ambiguity or contradictions.
- Standard provisions. Instead of taking your business model into account, an AI tool will include generalized provisions in your ToS that aren’t specific to what’s being provided to the user.
- Overpromising. Sweeping statements might crop up in an AI-generated ToS, such as making guarantees of uninterrupted service. These can be misleading, resulting in disputes.
- Failure to understand platform risks. Unlike a qualified lawyer, an AI tool won’t consider current and future risks the platform might experience, such as system failures, or make provision for them in the document.
How Can You Avoid Making Terms of Service AI Mistakes?
If you’re going to use an AI tool to help you draft a Terms of Service, there are ways to help you minimize your risks. These include the following.
Evaluate Your Business Risks
Before prompting the AI tool to draft your Terms of Service, take some time to consider any risks. Consider what users might do that could create liability or what operational failures could occur.
This will enable you to provide a more specific prompt for the AI, increasing your chances of receiving a detailed response.
Clarify Clauses
It’s common for AI tools to make mistakes such as writing verbose sentences or repetitive clauses. You can prevent this from happening by asking follow-up questions for every generated clause.
Check what goal the clause is trying to achieve and what it’s addressing. If the answers aren’t clear, the clause might not be necessary to include in your ToS.
Consider Future Changes
AI tools don’t consider the future of your business or how it can evolve. Assess your situation and what you hope to achieve in future, such as in terms of product development. This will enable you to include terms in the ToS that will still apply as your business grows.
Conduct a Review
To check that all facts are accurate and terms consistent, you should conduct a review of the AI-generated Terms of Service. It’s worth hiring a qualified lawyer who’ll be able to identify risks and missing information, giving you peace of mind.
How Does a Lawyer Help You Avoid Terms of Service AI Mistakes?
A qualified lawyer won’t make AI mistakes when drafting your Terms of Service. Instead, they’ll provide comprehensive, clear information that applies to your specific situation. A lawyer will:
- Define how users can access and use the platform, including prohibited uses for clarity.
- Allocate risk fairly between parties with liability clauses.
- Check that the agreement is compliant with all regulations and relevant laws.
- Include clear duties and obligations to avoid misaligned goals.
- Handle disputes by including a dispute-resolution and governing law clause. This serves to prevent litigation and protect your interests.
- Conduct a review of your agreement periodically so that its terms are aligned with your business model.
Where to Find a Lawyer to Draft or Review a Terms of Service
Finding a lawyer can be stressful. If you need to hire a qualified lawyer to review or draft your Terms of Service, you should go to ContractsCounsel. This is one of the largest online legal marketplaces that gives clients access to a curated network of vetted lawyers who have experience in drafting and reviewing contracts.
Here is how to request that a lawyer drafts or reviews your Terms of Service agreement.
- Go to the ContractsCounsel marketplace, where you can post your project or request for free.
- Include some details of your project, such as why you need a ToS drafted or if you’d like a review of an AI-generated document, so you can match with the right lawyer.
- Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who can assist you.
- Review the lawyer profiles. There’s lots of info on the platform to help you select the right lawyer, such as their location, client ratings, previous projects completed on the platform, years of experience, and field of expertise.
- Connect with a lawyer and hire them for a flat fee.
