What is User Agreement Drafting?
A user agreement is a legal contract between a service provider, such as a website or an app, and an end user. It clarifies specific clauses, such as regarding the parties’ rights and rules.
If you need to draft a user agreement, you should read the rest of this article.
Explore what information a user agreement usually includes, how to draft it, and why you should consult a qualified lawyer for assistance with the user agreement drafting process.
What Key Terms Should You Include in a User Agreement?
Your user agreement should include the following essential terms to avoid ambiguity or disputes.
- Intellectual Property (IP). The developer’s ownership rights must be stated to protect their IP, such as code and content they’ve created. This also prevents users from being able to duplicate or reverse-engineer your content.
- Acceptable use. This specifies what users can do, and aren’t allowed to do, on the platform.
- User accounts. This explains how users will create and secure their accounts.
- Limitation of liability. There must be provisions to protect the company from legal action taken against them for any damages, such as due to service disruptions.
- Termination. This provides guidelines for how users or the platform owner can terminate the agreement.
- Dispute resolution. If conflict arises, there should be information about the dispute resolution method to use, such as arbitration.
What are Tips for Drafting a User Agreement?
Although a user agreement might seem simple and straightforward, you have to consider some tips when drafting it so you don’t miss anything important.
Write it Clearly
Your user agreement should be clearly and simply written. Avoid any dense or legal language that can make it challenging for parties to understand, which can lead to misinterpretation.
You should also try to make the user agreement accessible, such as by providing specific, real-world examples of acceptable and unacceptable uses.
Consider User-Generated Content
If your platform allows users to post their own content to the platform, you should specify who owns it and if you’re allowed to remove content. It’s important for users to agree to taking responsibility for what they post.
Explain Changes
It’s important for platforms to clearly explain how any changes will be implemented and approved. There should also be information about what notices will be provided to users prior to changes.
Include Affirmation Action
The user will have to agree to the terms in the user agreement. Since the agreement appears online, this can take the following forms:
- Clickwrap agreement. This is when the user ticks a box to affirm that they have read the terms and agree to them. Since it involves consent, a clickwrap agreement is an effective way for users to confirm their consent.
- Browserwrap agreement. This involves a notice, such as the following statement: ‘by using the site you agree to its terms of use.’ The acceptance is implied, rather than explicitly shown.
Provide Contact Information
The platform provider should include their contact information so that users can get in touch with them should they have queries or problems. This serves to build trust between parties.
How Does a Lawyer Help You with User Agreement Drafting?
If you need to draft a user agreement, you might consider working with a lawyer who can help you with the process. Here’s how they can help you:
- They’ll draft specific information about how your products or services operate. Instead of providing a generic template, a lawyer customizes the agreement for your situation.
- They’ll check that the agreement complies with all applicable privacy, e-commerce, and consumer protection laws.
- They’ll ensure that your user agreement is consistent with other documents, such as your privacy policy.
- They’ll draft solid limitation of liability and indemnity clauses so that you can better manage your risks.
- They’ll use clear language in the agreement to avoid any ambiguous or inconsistent wording that can lead to disputes.
- They’ll review your user agreement regularly so that it reflects any legal or service changes.
Where to Find a Lawyer for User Agreement Drafting
If you need to hire a lawyer to help you draft a user agreement, you don’t need to struggle to find the best one who meets your legal requirements. Online legal marketplaces make it easier to locate a legal professional who’s reliable and experienced.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a network of vetted lawyers in your location. All the lawyers on the platform have the expertise and years of experience to draft a contract that’s clear and protects both parties.
If you need to request that a lawyer on the platform drafts your user agreement, here are the steps to follow:
- Go to the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer. This can include the type of platform you own or some clarity about your business model.
- Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who have the experience to help you.
- Review the lawyers’ profiles. ContractsCounsel provides extensive lawyer data to help you select the most appropriate lawyer, such as their location, client ratings for previous projects, expertise, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your user agreement. This will give you peace of mind that your agreement is clear and enforceable.
