Web Development
Terms of Service
Texas
How enforceable are “clickwrap” terms of service?
I am a small business owner who is considering using a software platform that requires users to agree to its terms of service in order to use the platform. The terms of service are presented in a 'clickwrap' format, meaning that users must click a box to agree to the terms. I am concerned about the enforceability of this type of agreement and would like to understand more about how it works.
Answers from 1 Lawyer
Answer
Web Development
Texas
Darryl S.
ContractsCounsel verified
Clickwrap agreements, where the user must click "I agree" to the terms before proceeding, are generally enforceable if crafted properly.
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Web Development
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Can I customize my terms of service?
I am currently in the process of launching a small business online and need to create a Terms of Service for my customers. I am looking for a way to customize the terms to fit my specific business needs and I would like to know if this is possible and what legal implications I should be aware of.
Darryl S.
not only can these be customized, they should be customized for your specific offering.
Read 1 attorney answer>Web Development
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Can users waive rights in the terms of service?
I am considering creating a website and offering a service to users. I want to make sure that I am properly protecting my rights as the service provider, and so I am looking to create a Terms of Service. I am wondering if it is possible for users to waive their rights in the Terms of Service, and if so, what the legal implications of this would be.
Darryl S.
Yes - that is one of the main purposes of a terms of service is to outline and restrict the user's rights. But you need much more than Terms of Service to properly set up a website and protect your interests (e.g. Cookie Policy, Privacy Policy, etc.). This is one of my areas of focus, so reach out if I can be helpful. d@fixedfeelawfirm.com
Read 1 attorney answer>International
Terms of Service
Texas
How does GDPR affect my terms of service?
I am a business owner in the EU looking to create a terms of service for my website. I am concerned about the impact of GDPR on my terms of service, as I want to ensure I am in compliance with the law and that my customers' data is secure. I am also interested in understanding the implications of GDPR on my business and any additional steps I need to take to ensure compliance.
J.R. S.
The best place to start is on the GDPR website, found here: https://gdpr.eu/what-is-gdpr/. On this page you will see a yellow box on the right side of the webpage that has hyperlinks to three key documents, the Data Processing Agreement, Right to Erasure Request, and Privacy Policy. Those links will take you to downloadable PDF's that you can use and incorporate into your website as a part of your terms and conditions. All three of these documents and their proper usage will aid in any compliance reporting measures. If you need or want additional consultation on specifics and how it applies to your organization, please feel free to reach out.
Read 1 attorney answer>Advertising
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Can I limit reviews using terms of service?
I recently started a small business and I am in the process of creating a website for my business. I want to ensure that customers are not able to post negative reviews on the website, as this could have a detrimental effect on my business. Therefore, I am interested in learning if it is possible to limit reviews using terms of service.
J.R. S.
Businesses can take steps to discourage or prevent negative online reviews, but they must be careful not to infringe on the rights of consumers and other businesses to post such reviews. The Texas Citizens Participation Act (TCPA) protects the posting of consumer opinions or reviews about businesses. The TCPA statute also allows for dismissal of legal actions based on or in response to a party's exercise of the right of free speech, right to petition, right of association, or arises from any act of that party in furtherance of the party's communication or conduct. If dismissed under this chapter, the court may award sanctions against the party who brought the legal action to deter similar actions.
Read 1 attorney answer>App Development
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Are there terms of service for mobile apps?
I am a mobile app developer and I am in the process of creating a new app. I am looking to ensure that I protect myself and my users by having an appropriate Terms of Service agreement in place. I would like to know if there are any specific Terms of Service that are applicable to mobile apps, and what I should consider when creating mine.
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Yes - you should have Terms of Service created by a lawyer experienced in Ts and Cs for apps and customized for your app's usage.
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