Does my website need a Terms of Service?

A Terms of Service (also called “Terms of Use” or “Terms and Conditions”) is a set of rules and guidelines that users agree to as part of using your website, mobile app or service.

Generally, a terms of service document will cover (or accompany other statements covering) the following details:

• Limitation of liability
  This is a disclaimer stating that your business will not be held responsible for any errors that may be present in your website or app’s content, and any issues that could arise as a result of using these services.
• Copyright
  To protect your content and any user-generated content that may be shared on your platform, you should include a clause clearly stating who owns and has the rights to certain content; how users are permitted to use this content; and how to report copyright infringements.
• Your Privacy Policy
  If your website collects personal information, you will need to have a privacy policy which should be included alongside your Terms of Service.
• Community standards
  This is particularly relevant for social platforms. Having a set of guidelines around acceptable user behaviour is crucial to preventing and policing any online abuse, privacy violations or offensive material posted on your website or app.
• Governing law
  Your Terms of Service should state which laws they are governed by, based on where your business is located.

While you’re not legally required to have a terms of service statement, it’s still generally advisable to have one in place to protect your business and intellectual property, and to address user concerns such as online privacy and data ownership.

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