Terms of Service

Terms of Service

Terms of service (also known as terms of use and terms and conditions, commonly abbreviated as TOS or ToS, ToU or T&C) are rules by which one must agree to abide in order to use a service. Terms of service can also be merely a disclaimer, especially regarding the use of websites.

Usage

The Terms of Service Agreement is mainly used for legal purposes by companies which provide software or services, such as browsers, e-commerce, search engines, social media, and transport services.

A legitimate terms-of-service agreement is legally binding and may be subject to change. Companies can enforce the terms by refusing service.

Customers can enforce by filing a suit or arbitration case if they can show they were actually harmed by a breach of the terms.

There is a heightened risk of data going astray during corporate changes, including mergers, divestitures, buyouts, downsizing, etc., when data can be transferred improperly.

Content

A terms of service agreement typically contains sections pertaining to one or more of the following topics:

A. Disambiguation/definition of key words and phrases.

B. User rights and responsibilities.

• 1.1: Proper or expected usage; definition of misuse.
• 1.2: Accountability for online actions, behavior, and conduct.
• 1.3: Privacy policy outlining the use of personal data.
• 1.4: Payment details such as membership or subscription fees, etc.
• 1.5: Opt-out policy describing procedure for account termination, if available.
• 1.6: Arbitration detailing the dispute resolution process and limited rights to take a claim to court.

C. Disclaimer/Limitation of Liability clarifying the site’s legal liability for damages incurred by users.

D. User notification upon modification of terms, if offered.

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