I am interested in any advice / links / book references for writing both a terms of service and privacy policy in plain language that still offers me adequate protection. Startup is entirely web based and run from the US.
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I agree with Alex's answer - these should not worry you too much. But here is a really cheap and easy way to somewhat cover your company - Wordpress licensed their privacy policy and TOS under Creative Commons, and one can modify them easily - take the few things you don't like out, maybe add some and you are all done. |
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I wouldn't waste your time with these, let alone a lawyer's (billable) time. Terms of Service are almost always completely superflous: your stuff is already copyrighted, links don't imply endorsement, user generated content comes from users, no waranty, no liability, blah blah blah. Everyone already knows that and no one's going to really read it anyway. And in the off chance they do, it's not legally enforcable anyway. If you have non-generic rules that are specific to your business ("no refunds after 30 days"), then you should handle those in an agreement between you and the end-user. That sort of thing wouldn't hurt to be reviewed by your lawyer. But it's not critical, since agreements are just fine in plain english. Privacy policies are good for those privacy people, but they can almost always be explained in one sentence. We will not use your email for any reason except to send you account updates. Or, We may share your data with third-party vendors at our discression. |
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I'm really shocked that some people have provided you with such definitive advice without having any idea what type of business you are in! I fully agree that detailed policies and reams of terms and conditions are often unnecessary. However, this is mostly because they are hastily put together documents 'borrowed' from somewhere else - or cut and pasted - rather than being tailored to your needs. It should be - but regrettably isn't always - the case, that the more information you supply to your lawyer, the shorter and more relevant your legal documentation will be. Terms and conditions are necessary to ensure that everyone understands their rights and obligations - but this doesn't mean they have to be complicated or expensive if the situation doesn't warrant it. There is generally no excuse for things not being written in plain English - that said, if you intend to use your terms and conditions essentially as a defence in court, then precise wording ('costs, claims, liabilities, expenses.......yawn!!) will be necessary. To my mind, however, terms and conditions serve a far better purpose if they PREVENT disputes in the first place, and that is always my focus. Finally, terms and conditions can be an effective sales tool - see the latest enty on my blog at: http://abc-ltd.blogspot.com/ for more details. I hope this helps. |
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Check out Gene Landy's The IT/Digital Legal Companion - the TOS, DCMA and Privacy boilerplate is first rate, up to date and he explains the particulars of each legal document in non-legal terms. |
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For the privacy policy, you will need to run it by a lawyer, but ensure that what you are going to do with it will not interfere with future plans. For example, if you tell people that you will not sell their information to a third party, if you renege on that you will be pilloried by blogs, rightly so. Also, ensure that you only get information you actually need. If I need a password, but I don't gave to give my email address, I should know that that is fine, but I won't be able to get a reset password sent to me. For terms of service, be reasonable, and make certain it is understandable, and not 10 pages long. I expect that there will be more cases lost regarding violations of terms of service if it can be shown that a reasonable person won't understand the legalese. But, as with all things legal, consult with a lawyer to make certain your bases are covered. |
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Whether or not you actually need a privacy policy depends on what field you are in. In some industries it may be unimportant (car advice), in others, essential/legally mandated (medical records). If you do need such written policy, my advice would be to:
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