What is a Terms of Service and Privacy Policy Drafting?
A terms of service and a privacy policy are two documents that are sometimes drafted together because they cover important rules for how a user can access a digital platform.
If you’re launching a website or app, you’ll want to release both documents at the same time to ensure consistency and prevent contradictions.
Read the rest of this article to explore how to draft a terms of service and privacy policy, looking at their key terms to include. We’ll also explore how a qualified lawyer can help you with the drafting process so both legal documents are clear and specific, while being legally sound.
What Key Terms Should You Include in a Terms of Service and Privacy Policy?
A terms of service and a privacy policy usually contain the following core information.
Terms of Service Key Terms
- Services. The services offered by the platform, such as software features, must be clearly defined.
- User conduct. There should be established rules about what users are and aren’t allowed to do when using the platform.
- Intellectual property (IP). Ownership of IP must be specified to protect the company's brand from any unauthorized activity, such as copying software or reusing logos.
- Termination. Be clear about how the company can suspend or delete a user’s account should they violate the terms.
- Payments. Specify how much will be paid by the user to access the platform and use the services.
Privacy Policy Key Terms
- Data. The contract should specify the types of data or information that will be used by the company.
- Uses. Clarify how the data will be used so that users don’t get the wrong idea.
- Rights. Specify how users can update or delete their personal data on the platform should this be requested.
- Data sharing. If data is shared with third parties or is requested by law enforcement, the agreement should provide a disclosure for this kind of data sharing.
- Security. How the company will protect the data that’s stored and used must be clearly defined.
What are Tips for Drafting a Terms of Service and Privacy Policy?
Now that you know what important terms are required in a terms of service and privacy policy, there are some things to consider when drafting it to ensure clarity and prevent disputes between parties.
Evaluate the Business
Before drafting your document, consider what the business activities are, who will use the service, and how those services will be delivered to the customer. This provides a framework for what’s required of both parties.
Identify Customer Obligations
Avoid any vague language when describing what the customer or user must do, their obligations, and any restrictions of which they should be aware before agreeing to the contract terms.
Address Payment Terms
Besides outlining how and when payments will be made, you should provide clarity in the agreement about what happens if there are failed payments and under what conditions refunds can be requested.
Protect Intellectual Property
It’s important for the agreement to specify which party owns the website or other content, and how it can be used without creating violations that can be harmful to the brand or company offering their services.
Draft Liability Provisions
Draft the limitations of liability and indemnities clauses carefully, customizing them to the applicable laws. To prevent legal consequences, you should hire a lawyer to help you with this task.
Evaluate Online Acceptance
The method in which the user can accept the company’s terms must be practical and easy for them to complete. The business should ensure it has proof of their acceptance should there be disputes in the future.
Should You Hire a Lawyer for a Terms of Service and Privacy Policy Drafting?
An experienced lawyer is valuable to hire to draft your terms of service and privacy policy because they won’t just consider the legal aspect of the agreement. They’ll be able to identify various risks you could miss without contract drafting experience.
A lawyer can help you by:
- Evaluating your business concerns. They’ll examine how the business interacts with customers and collects information so that the agreement can be tailored to your specific agreement.
- Identifying legal and financial risks. They’ll consider what could go wrong and include provisions for how you can protect your interests.
- Clearly distinguishing user and company obligations. This prevents confusion over what’s expected to minimize your risk of disputes.
- Dealing with payment terms. They’ll set clear rules for failed payments, refunds, and billing concerns.
- Matching the privacy policy to your data practices. They’ll clarify exactly how the user information will be used and protected.
- Reviewing a document you’ve already drafted. They’ll flag any inconsistencies or pitfalls, ensuring you have a clear and legally sound final draft.
Where to Find a Lawyer to Draft a Terms of Service and Privacy Policy
If you need to hire a lawyer to draft your terms of service and privacy policy, you don’t have to struggle to find one in your location or who’s experienced in this specific type of document.
Online legal marketplaces such as ContractsCounsel make it easy to find a lawyer and hire them to draft or review your contracts.
ContractsCounsel is one of the largest online legal platforms that connects you to a curated network of vetted lawyers.
To request that a lawyer on the ContractsCounsel marketplace drafts your terms of service and privacy policy, here are the steps to follow:
- Visit the ContractsCounsel marketplace.
- Select ‘One-time project’ and ‘Create or update contract.’
- Post your project, or request, for free.
- Specify some details of what you need so you match with the right lawyers.
- Wait for bids. You’ll receive multiple bids from lawyers directly on the platform who are available to assist you.
- Review the platform’s lawyer data. Go through information about the lawyers, such as their credentials, years of experience, field of expertise, and client ratings for previous projects. All this information is provided by the platform.
- Select a lawyer to work with and hire them to draft your terms of service and privacy policy for a flat fee.
