A public offer (Terms of use, Terms of service) is the established set of rules for using a web resource, with which the client must agree to use the service. Most often, the Terms of Use are applied to marketplaces, online stores, mobile applications, advertising sites, and social networks.
A public offer is an offer to conclude an agreement on predetermined conditions. The public offer must comply with the legal requirements and is drawn up taking into account the specifics of the client’s business
The main goals of the terms of use:
- protection against abuse by users, including spam, posting false information, using the resource for illegal purposes;
- protection of intellectual property rights for a trademark, design, content of resource’s owner, as well as other clients;
- limitation of the operator’s liability (disclaimer warranties);
- the ability to block accounts of users who violate the terms of use;
- defining the law that regulates the legal relations between the owner of the resource and the client, as well as means of resolving conflicts.
To make the Terms of use an effective instrument for protecting a web resource and business as a whole, the following must be provided:
- requirements for the user (for example, establishing a minimum age for the user);
- acceptance of Terms – this part describes that users agree to comply with the terms. The best way to get consent is to use click-wrap. This is an active method of obtaining consent, in which the user ticks a checkbox or clicks on the “Accept”/”I agree” button. The client must have the opportunity to get acquainted with the terms by clicking on the hyperlink, directly in the consent box, as well as in the footer. It is best to notify of the conditions before registering an account or providing any details.
The passive browse-wrap method requires the user to accept the terms simply by using the web resource. Since the user does not take any active action in browse-wrap, in case of a dispute, it is necessary to prove the validity of such an agreement;
- the right to use (License to Use) – this part indicates that the user has a limited right to use the resource providing his meeting all of the conditions;
- list of permitted and prohibited types of use (Acceptable Use Policy) – defines what is allowed and what is prohibited about content and services, as well as actions that can be done if the service is used differently;
- clause on limitation of liability – customers use the resource at their peril and risk;
- the provision on the processing of content (photo, video, audio, tweets, advertisement) by the service, when uploaded or otherwise submitted by the user – it is indicated that the user retains ownership of his content, it is determined how the service operator intend to use it and how it will process allegations of infringement by the content of the user of the intellectual property rights of a third party;
- the procedure for registering user accounts (User Accounts) – if the resource provides for their creation, for example, in social networks;
- support and service statement – if you do not plan to provide support and customer service, you must indicate this;
- privacy statement;
- amendments provision;
- grounds for deleting a user account.
In general, any contract makes sense only if it is enforceable. In the case of terms of use, it is very important to:
- notify the user about the existence of Terms;
- provide an opportunity to get acquainted with them;
- describe how and when to give consent;
- require the user to take actions that indicate consent.
Terms of use should be simple and understandable for the client, but at the same time take into account all the legal details.
Therefore, it is better to leave the preparation of this document to professionals.
VigoLex has extensive experience in this field and will be able to find an individual solution for each client.
