Terms of Service

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Terms of service set the rules for your website or app and decide whether they hold up in court — we draft enforceable terms, acceptable use policies, and user agreements that limit liability and route disputes your way.

Your terms of service are the contract every user enters, and they are only worth what a court will enforce. Vague drafting or sloppy presentation can leave you with liability caps that evaporate and arbitration clauses a judge ignores. We draft website and app terms of service, acceptable use policies, and user agreements that protect your business and actually bind the people who sign up.

Structuring the Agreement

Good terms do real work behind the scenes. We structure agreements that set out user rights and prohibited conduct, license the content users upload so you can run your service, cap your liability, allocate risk between you and your users, and define when and how you can terminate accounts. Each clause is written for your specific product, not lifted from a generic template that fits nobody.

Making Terms Enforceable

The strongest terms in the world fail if users never meaningfully agreed to them. Courts care about how assent is captured, so we design the presentation, clickthrough, sign-in-wrap, or carefully built browsewrap, to match what current case law requires. We pair that with notice and a record of acceptance, so your terms survive the threshold fight before anyone even argues the merits.

Arbitration and Class Waivers

Where disputes get resolved often matters more than the dispute itself. We draft arbitration provisions and class-action waivers that comply with evolving enforceability standards and steer claims toward forums that favor you, while accounting for the rise of mass arbitration that can flip that math. Done right, these clauses keep individual gripes out of court and headline class actions off your docket.

Cross-Border Considerations

Once you have users abroad, your terms run into foreign jurisdiction, governing-law, and consumer protection rules that override what you tried to impose. We address choice of law and forum, and we account for mandatory consumer protections in key markets that no contract can waive. The terms then reflect where your users actually are rather than assuming everyone is bound by your home state's rules.

Frequently asked questions

Get affirmative agreement, such as a checkbox or button the user clicks, rather than relying on a link buried in the footer. Give users a real chance to read the terms, avoid hiding surprising provisions, and keep records of who accepted what and when. Courts enforce terms a user clearly agreed to far more readily than ones they could have missed.

Usually yes. The Federal Arbitration Act broadly supports arbitration clauses, but consumer-facing provisions have to be presented fairly and meet FAA requirements plus any state-specific rules. How the clause is worded and displayed matters as much as the fact that it exists.

Class action waivers are generally enforceable, often paired with an arbitration clause, but they do get challenged. Enforceability turns heavily on how the waiver is drafted and how clearly it is presented to the user. A waiver hidden in dense fine print is the easiest kind to attack.

Update them when laws change, when your product or service changes, or when a problem reveals a gap. When you make a material change, notify users in an appropriate way and document their acceptance of the new version. Silent changes you never communicated are weak if you ever have to rely on them.

Not always. EU consumer protection laws are stricter than US law, and some provisions that are routine here may be unenforceable against EU consumers. If you serve EU users, consider separate provisions or a regional version of your terms rather than assuming one set covers everyone.

Excluding consequential and indirect damages, and capping your total liability, is generally enforceable. What you usually cannot disclaim is liability for gross negligence or intentional misconduct, and some states limit how far you can go even on ordinary claims. Aim the limits at the risks you can realistically control.

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