However, Section 107 of the Law grants the fair use of copyrighted work, which is not considered a copyright infringement.

In this article, we explain what fair use is, when it applies, and how you can write a fair use disclaimer.

What is Fair Use?

When we talk about copyright, we refer to the exclusive right of the creator of an original work – be it a photograph, a song, a video, an artwork, etc. – to use it.

However, the Copyright Law of the United States allows an exception, that is, fair use.

According to Section 107, people may use copyrighted content for, among others, the following reasons:

• criticism;
• comment;
• news reporting;
• teaching;
• scholarship or research.

The above uses are generally not considered copyright infringement, but this doesn’t mean that you can just copy the work of another person and profit from it. In fact, there are four factors to consider when determining fair use.

The Four Factors of Fair Use

When determining if the use of copyrighted work can be considered fair use, judges use four parameters, which are outlined in Section 107:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
4. and the effect of the use upon the potential market for or value of the copyrighted work.

Let’s examine them one by one.

1. Purpose and character of the use

The first thing that is observed is the purpose of the use. Is it for a commercial purpose or without the goal of generating profit? Does it fall in the specified purposes for fair use(criticism, comment, news reporting, teaching, scholarship, or research)?

In general, non-profit uses are more likely to be considered fair, but this is not a rule. It depends on the circumstances.

Moreover, if you add something new and contribute to the public discourse with a “transformative” approach, you have greater chances of falling into fair use.

“Transformative use” means that the new work adds new expression, meaning, or message to the original copyrighted material, rather than merely copying it.

2. Nature of the copyrighted work

The second factor is the nature of the copyrighted work. Is it factual or creative work?

Courts are more likely to grant fair use if a factual copyrighted work was used, such as a biography, a news article, or research. On the other hand, copyright is applied more strictly when a creative work is involved, such as a novel, a movie, or a song.

The published or unpublished nature of the work may also influence the decision. Copyright applies even if the work hasn’t been published yet.

3. Amount and substantiality of the work

This factor analyzes both the quantity and quality of the copyrighted work that was used. There is no guide that tells you exactly how much of a copyrighted work you can use, but it depends on the circumstances.

Overall, an extensive use of a copyrighted work is less likely to be considered fair use. You should limit your use to what is necessary to fulfill your purpose or convey your message.

4. Effect of the use

This factor analyzes how the use of the copyrighted work impacts the existing or future market of the copyright owner.

Of course, courts tend to favor the copyright owner, since the widespread use of a protected work can harm their revenue or potential revenue.

What is a Fair Use Disclaimer?

A fair use disclaimer is a statement that communicates that you are using a copyrighted work on the basis of fair use, and you are aware of the limitations that apply. It also specifies that you do not own the copyrighted work you’re reporting.

It’s very common on websites that have an educational purpose, YouTube videos, articles and reviews, and more.

How Do You Write a Copyright Disclaimer for Fair Use?

When you write a fair use disclaimer, you need to include a few important points:

1. State that the content is being used under fair use: specify that you are using copyrighted content for the purposes allowed by Section 107.
2. Acknowledge that you are not the copyright holder: make it clear that you do not own the content you’re using, and the copyright belongs to the original creator.
3. Explain the purpose of the use: explain the purpose of using the material, whether it’s for educational, commentary, or critical purposes.

Here’s how these elements come together:

Examples of Fair Use Disclaimer

Now let’s take a look at some fair use disclaimer examples, to see how this disclaimer is used.

The Louisiana Office of Student Financial Assistance (LOSFA) added a fair use statement on its website, to make clear that the copyrighted content is for educational purposes only.

The same did the Fort Worth Garden Club, which stated that the pictures used on the website are for educational and entertainment purposes.

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A copyright disclaimer under Section 107 specifies that the use of copyrighted material happens on the basis of fair use and that you do not claim any ownership of the material you’re using.

A fair use disclaimer can help you protect yourself against copyright infringement claims, but it’s not a permission to use copyrighted work as you like. Fair use applies in limited cases, and you need to meet certain criteria. 

Learn more about copyright and fair use

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What is a copyright disclaimer?

Copyright Example: Understanding Copyright Notices

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What is a YouTube Disclaimer?

A YouTube disclaimer is a statement that informs viewers about the nature of your content, your rights regarding it, and any potential copyright issues. It is often included in the description of a video, or it can also be added in the video itself – in both written and oral form.

A YouTube disclaimer can help protect you from a legal point of view, especially when your videos involve borrowed or fair use content.

You may need a copyright notice for YouTube in two cases:

1. You’re a creator and include your copyrighted material in your videos.
2. You’re a creator, and you’re using someone else’s copyrighted material on the basis of “fair use”.

What is a Fair Use Disclaimer for YouTube?

Although copyright is recognized all over the world, every country has its own copyright law.

In the United States, copyright is regulated by the Copyright Act. Article 107 of the U.S. Copyright Act allows the free use of copyrighted content if fair use applies. Fair use includes:

• criticism;
• comment;
• news reporting;
• teaching;
• scholarship or research.

If you’re using portions of copyrighted content for one of the reasons above, then they are not considered copyright infringements.

A fair use disclaimer for YouTube communicates that you’re aware of these limitations and are using the content lawfully.

How to Write a Disclaimer for YouTube

If you want to add your disclaimer in the description of your video, then we suggest keeping it simple and short.

For a disclaimer that sets the copyright of your content and places you as the copyright owner, you should include:

• the copyright symbol (©);
• the year or years range;
• your name as the author or the name of your company;
• a statement of ownership, like “All Rights Reserved”.

Instead, for a fair use disclaimer, you should state that the content you’re using is intended for fair use purposes. Include the specific reasons your content qualifies as fair use, for example, education or news reporting. Then, mention that you do not claim ownership over any copyrighted material used.

Remember to add your disclaimer where it’s easily visible and accessible to all viewers.

Examples of YouTube Disclaimers

To help you craft the perfect disclaimer for your own YouTube videos, here are some practical examples. These disclaimers are simple and can be customized depending on your content.

Copyright Disclaimer YouTube Example

If you are the owner of the content you’re sharing, you can add a simple copyright disclaimer like the one we presented above:

© 2025 John Doe. All Rights Reserved.

Otherwise, you can also expand the disclaimer in this way:

Fair Use Disclaimer for YouTube Example

“The content in this video is either owned by [owner] and used under fair use. All rights to the content, including but not limited to images, music, and video clips, are reserved by their respective copyright holders. If you believe any content in this video infringes your copyright, please contact us directly to resolve the issue.”

How to Add a YouTube Disclaimer to the Video Description

Once you have your YouTube disclaimer, it’s time to add it to your videos. A good place is in the video description, where it’s easily accessible to all viewers.

To add the disclaimer in the description, follow these steps:

1. Log in to your account and select Content.

2. Upload a new video or select an old one where you want to add a disclaimer.

3. In the Description, add your disclaimer and click Save.

Your YouTube disclaimer is ready!

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In this guide, we explain what an exchange policy is, what the difference is between an exchange and a return, and how to write an effective exchange policy for your online store.

How Do You Write an Exchange Policy?

To be effective, your exchange policy should be clear and easy to understand.

Here are the main elements to include:

• Time frame: let customers know how long they have to initiate an exchange. Usually, it falls between 14 and 30 days.
• Conditions for the exchange: clarify what items are eligible for an exchange and in which conditions they should be returned. For example, unused and in original packaging, with tags attached.
• Explain the exchange process: tell your clients how they can request an exchange. Do you have a form they can submit, or should they write you an email?
• Shipping and shipping costs: when it comes to exchanges and returns, usually, consumers pay for the shipping, but this is something you must inform them of in advance. Do not forget to add these details to your exchange policy, alongside how shipping works.

Let’s see how these elements come together in a simple exchange policy.

Exchange Policies Examples

The US clothing brand Reformation has an exchange policy exclusively for US consumers. As you can see below, it contains all the details regarding how products must be returned to get an exchange.

Instead, Best Buy has a shorter return and exchange period (14 days), which becomes longer for the clients that have subscribed to its membership. Best Buy also applies restocking fees, depending on the item bought.

An exchange policy may not be enough

While having an exchange policy helps you regulate how exchanges are handled in your e-commerce, an exchange policy alone may not be enough.

First of all, it is usually part of a broader return and refund policy, which addresses all the details regarding returns and refunds. Second, you may need a complete Terms and Conditions document to best protect the interest of your online store.

Terms and Conditions are strongly recommended for e-commerce because they contain all the information about the conditions of sale and disclosures on methods of payment, shipping, delivery, withdrawals, cancellation conditions, warranties, etc. – as commonly required by consumer protection regulations.

Your exchange policy could be a section of your Terms and Conditions document.

Create your Terms and Conditions with iubenda

Our Terms and Conditions Generator lets you easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, drafted by an international legal team, available in +15 languages, and up to date with the main international legislations.

The solution is optimized for everything from eCommerce (including affiliate programs), blogs, and apps, to complex scenarios like marketplace and SaaS.

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The legal definition of business affiliate refers to an entity that has a certain relationship with another entity, typically by controlling, being controlled by, or being under common control with that entity.

This relationship can be based on direct ownership, where one company owns a significant portion of the other, or indirect control, such as a contractual agreement or joint venture.

What is an Example of Business Affiliate?

A good example of business affiliates is Google and YouTube. Google owns YouTube, making it a business affiliate. While both companies operate independently, YouTube benefits from the financial and technological support of its parent company, Google. Both companies share resources and integrate services, like Google Ads running on YouTube videos.

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In this guide, we explain what a governing law clause is, how to write it, and why you should add it to your documents.

Why is it Important to Have a Governing Law Clause in your Terms and Conditions?

Terms and Conditions help you define the conditions that apply to your business and prevent potential problems. If your business has an international scope – for example, if you sell your goods or services in multiple countries – defining your governing law can help you avoid legal complications.

Without this clause, it may be complicated to later agree on the legal framework to apply in case of a dispute, and it would also be more time-consuming and costly.

Instead, with a governing law clause both parties already know how a potential dispute will be handled.

Moreover, together with governing law, you should also define your venue of jurisdiction. The venue of jurisdiction clause specifies which court will take care of the dispute.

While governing law and venue of jurisdiction are often the same, they don’t necessarily have to match. For example, an agreement could be governed by the laws of one country but require disputes to be resolved in the courts of another.

How Should You Choose Your Governing Law?

For simplicity, businesses usually choose their governing law depending on their location. This means that disputes are resolved according to the law of the country they reside in. However, there are cases when the governing law is not the law of the country you’re based in.

Here are a few things to consider when choosing your governing law:

• Neutrality: if two parties are involved, it could be beneficial to choose a law that’s neutral to both parties.
• Enforceability: your governing law could also be a law that allows you to enforce every aspect of the agreement.
• Nature of the agreement: some jurisdictions are more favorable than others in certain aspects, so the governing law could also change based on the nature of the agreement.

In principle, you may decide which law will govern your terms and any potential controversy. However, in some jurisdictions – such as EU countries, Switzerland or Brazil – mandatory regulations might override your choice of law. In these cases, the related national law may apply if the user qualifies as a consumer.

Of course, choosing your governing law is not a decision to take lightly, so always consult with a lawyer before making any decision.

How to Write a Governing Law Clause

When writing your clause, you should keep in mind the following aspects:

• Have clear what your governing law is: before starting to draft your clause, you should have clear which law will govern your agreement or Terms and Conditions document.
• Avoid using complicated language: since it’s an important part of your document, avoid using language that’s too complicated or technical. You want your users to understand what they’re agreeing to.
• Don’t forget your venue of jurisdiction: as we said earlier, a governing law clause should always go with a venue of jurisdiction, so don’t forget to add it too.

A simple governing law clause could read something like this:

Governing Law Clauses Examples

Let’s take a look at how the choice of law clause is used in different documents and Terms of Use.

Apple has chosen the laws of the State of California as its governing law. As for the venue of jurisdiction, they also grant that European users can make a claim in the courts of the countries they reside in.

In our Terms and Conditions document, we’ve specified that our governing law is the one of the country we’re based in, which is Italy, but we grant some exceptions to particular consumers, such as the one based in Brazil.

Is a Governing Law Clause Enough?

While this is an extremely important clause to have, having just a governing law clause is not enough. This clause should be part of a more comprehensive Terms and Conditions document – that is the document that helps protect you and your business from potential liabilities.

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Third-party software refers to any application, tool, or program developed by a company that is not the original manufacturer of the device or primary software platform. In simple terms, if a software application is created by a developer other than the original vendor of the operating system or hardware, it is considered third-party software.

For example, if you’re using Microsoft Windows, any software that isn’t made by Microsoft — such as Google Chrome, Adobe Photoshop, or Zoom — would be classified as third-party software. Similarly, on an iPhone, apps like Spotify or WhatsApp are considered third-party applications because they are developed by companies other than Apple.

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A business partner is an individual or entity that collaborates with another in a business venture, sharing responsibilities, risks, and profits. The business partner definition can vary, but it generally refers to someone who contributes capital, expertise, or resources to help run and grow a business. 

What Is the Role of a Business Partner?

The role of a business partner depends on the type of partnership and the agreement between parties. A business partner may handle management, funding, networking, or specialized tasks to drive the company’s success while sharing the risks and rewards of the venture.

Learn more about legal definitions

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• Third Party Definition & Meaning
• Clause Definition & Meaning
• Disclaimer Definition & Meaning

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

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What is the difference between third-party service providers, vendors, and third-party senders?

Even though they’re often used as synonyms, third-party service providers, vendors and third-party senders are different things. Let’s take a closer look:

• Third-Party Service Provider: As we said, a third-party service provider is an external company that offers services to businesses, as an ongoing service. Businesses rely on third-party service providers to handle functions they may not have the resources to manage internally.
• Vendor: A vendor is a company that sells goods or services, often as a supplier. Unlike third-party service providers, vendors may not necessarily engage in long-term service contracts, rather they often operate on a transaction-by-transaction basis. Vendors can sell physical products (hardware suppliers, office equipment providers) or one-time services (freelancers, consultants).
• Third-Party Sender (TPS): A third-party sender is a specific term used in financial transactions, particularly in payment processing. A third-party sender facilitates payments on behalf of another business but does not have direct authorization from the end customer. For example, a payroll processing company acts as a third-party sender by handling employee payroll transactions on behalf of employers.

Is it safe to rely on third-party service providers?

Relying on third parties isn’t inherently dangerous, but sharing your company’s data with an outside entity can increase your exposure to data privacy risks.

Under data protection laws, the responsibility for compliance lies with the data controller, the person who decides what data must be collected and why. In this scenario, third-party service providers are data processors – that is, they perform a service on your behalf according to your instructions.

If a data breach were to occur, the responsibility would fall on the data controller.

So what should you do?

When choosing a third-party service provider, carefully evaluate their privacy policy and data practices. You want to be able to rely on a provider that has all the appropriate technical and security measures in place to handle data securely.

Then, it’s a good practice to conduct periodic third-party risk management. That way, you’ll have a clear picture of the third parties you rely on and be able to identify potential risks in advance.

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According to its legal definition, a natural person is a real human being, as opposed to a corporation or an organization – which are often treated by law as a fictitious person.

Natural Person vs Legal Person

“Natural person” is a synonym of “physical person” and refers to a human being with legal rights and responsibilities. They can enter contracts, own property, sue and be sued, and have fundamental rights (such as the right to life, liberty, and privacy) simply because they exist.

On the other hand, a legal person refers to an entity that is recognized by law as having legal rights and obligations, similar to a natural person, but the definition includes corporations, government agencies, NGOs, and other organizations.

Legal persons, too, can enter into contracts, sue and be sued, but they are not human beings.

Read also

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• Clause Definition & Meaning
• Legalese: Meaning and Examples

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Learn more

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• First-Party vs Third-Party Cookies: What’s the Difference?
• Third party vs Data Processor
• What is TPRM (third party risk management)?

About us

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In this post, we’ll explore what a money-back guarantee is, look at examples, discuss whether you need to include one in your Terms and Conditions, and walk you through how to write a money-back guarantee clause.

What Does Money-Back Guarantee Mean?

A money-back guarantee is a promise that a customer will receive a full refund if they aren’t satisfied with a product or service, typically within a specific period. This guarantee helps build trust with customers, as it assures them they can get their money back if they aren’t happy with their purchase.

While it may seem risky, having a money-back guarantee is actually a good way to boost conversions. Your customers will be less hesitant to buy – because they know they can get their money back – and you show confidence in the quality of your products or services.

Different types of money-back guarantee

Usually, a money-back guarantee clause varies depending on the timeframe in which customers can ask for a refund. The most common clauses are:

• 100% Money Back Guarantee: This means the customer is entitled to a full refund if they are unsatisfied. Even though a timeframe isn’t directly specified, most businesses set it between 14 and 30 days.
• 30-Day Money Back Guarantee: The customer can request a full refund within 30 days of purchase if they are not satisfied. After 30 days, they are no longer eligible for a refund.
• 14-Day Money Back Guarantee: This works the same way as the 30-day guarantee, but the refund period is shorter – only 14 days from the date of purchase.

At iubenda, we also have a money-back guarantee in our Terms and Conditions document. It allows our customers to receive a full refund within 14 days of their purchase, no questions asked.

Do You Need a Money-Back Guarantee Clause?

A money-back guarantee clause is not legally required. As an e-commerce owner, you can choose whether to have it or not. However, under many consumer laws, customers are granted the right of withdrawal, which includes getting a full refund of the purchase.

While the two aren’t the same thing, they share some similarities.

Let’s have a closer look.

European Union and the United Kingdom

In the European Union and UK, users have the right to return purchases made online or through other types of distance selling, within 14 days for a full refund – even when the goods are not faulty. They don’t have to give any reason.

Usually, in the EU and UK consumers have to pay for the return shipping costs, but this is something you must inform them about before the purchase.

United States

In the US, there is one law that regulates refunds on a federal level. It’s called the Cooling Off Rule and it gives customers 3 days to cancel orders made in specific locations – such as their home, workplace, a temporary location and more. However, this rule doesn’t apply to purchases made online.

Generally, laws surrounding refunds can vary by state. However, a 30-day return policy is often considered standard and, if no refund notice was presented during purchase, consumers might be automatically granted extended refund rights.

How to Write a Money-Back Guarantee Clause

Writing a money-back guarantee clause can be challenging if you don’t know where to start and don’t have legal expertise. However, there are some elements that you should always include:

1. What is covered by the guarantee?: Define which products or services are eligible for a refund.
2. How long is the guarantee period?: Specify the timeframe within which customers can request a refund, for example, 14, 30 or 60 days.
3. What are the conditions for returning the product?: Outline the steps for returning an item, including whether it needs to be in its original packaging and unused.
4. How will the refund be processed?: Detail how refunds are issued. Refunds are usually issued to the same payment method the customer used to make the purchase.
5. Any exclusions?: Be sure to include any limitations or exclusions, such as products that can’t be returned due to hygiene reasons or digital products that cannot be refunded once purchased.

A money-back guarantee clause might look something like this:

Where to Display Your Money-back Guarantee?

As we said, having a money-back guarantee is a business advantage and you want your customers to be aware of it.

Here are a few spots where you should add your guarantee:

• In the footer of your website, so that’s easily accessible from every page.
• On landing pages and product pages. You can make it stick out using a different font or design element, as we did in our landing page for our Terms and Conditions Generator.

• In your Terms and Conditions document, alongside your other conditions of sale.

Is a Money-Back Guarantee Enough?

A money-back guarantee is a great tool for your business to increase trust and improve customer satisfaction, because you show customers that you stand behind your products and are committed to providing excellent service.

However, a money-back guarantee alone is not enough.

If you sell online, you need to have proper Terms and Conditions in place, specifying all the applicable conditions of sale, such as shipping costs, payment methods, warranties, and more.

Create your Terms and Conditions with iubenda

iubenda helps you create a complete Terms and Conditions document for your online store.

Choose from a library of +100 clauses drafted by legal experts, translate your document into +15 languages, and add it to your website in just a few clicks!

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In this guide, we’ll explain everything you need to know about affiliate disclosures, how to write one, where to place it, and provide examples to help you align with guidelines.

Understanding the Guidelines in Europe and the US

Affiliate marketing and, more in general, advertising is regulated to prevent misleading advertising and increase transparency.

United States

In the United States, the Federal Trade Commission issued the “Guides Concerning Use of Endorsements and Testimonials in Advertising”. These guidelines regulate any advertising, from standard advertising to digital ads, influencer, or affiliate marketing.

According to the FTC, endorsements must reflect the honest opinions and experience of the endorser, and any false or deceptive endorsement can lead to legal consequences.

When there is a relationship between an endorser and the seller of an advertised product, this relationship should always be disclosed in a “clear and conspicuous” way. This means that the endorser should add a disclosure that is difficult to miss and easy to understand.

The FTC doesn’t require you to disclose all the details of the relationship, but you must clearly communicate the nature of the connection.

In the case of affiliate marketing, this means disclosing that you are earning a commission from this connection.

European Union

In the EU, affiliate marketing is subject to the same rules as influencer marketing. In fact, affiliation is one of the ways that influencers can earn money by partnering with a brand.

Because influencer and affiliate marketing are related to advertising, you must comply with European consumer law, which is applied by national authorities at a national level. Failure to comply with these laws can result in legal consequences and fines.

To guide influencers and marketers in their activities, the European Advertising Standards Alliance (EASA) has published a set of guidelines and best practices:

• All influencer marketing communications should be presented in a way that allows the audience to identify them as such.
• Disclosure can be made in multiple ways as long as the relationship between the marketer and the brand is clear.
• The disclosure should correctly identify the nature of the arrangement. For example, in the case of affiliate marketing, it should be clear that you receive a commission for each purchase made through your affiliate link.

EASA also created a tool, DiscloseMe, to help influencers and marketers understand how to disclose their partnership with a brand.

What is an Example of an Affiliate Disclaimer?

A clear, concise affiliate disclaimer could look something like this:

Disclosure: This post contains affiliate links. If you click and make a purchase, I may earn a small commission at no extra cost to you.

Affiliate Disclaimer Examples

Depending on where you publish your content, you may choose to vary your disclosure.

On a blog post, it can be placed at the beginning of the post, to inform readers of the presence of affiliate links. This is how they do it on Dev.to, as you can see in the example below:

On social media, you could add relevant hashtags to your copy, like #ad, #advertising.

On YouTube or other video platforms, you may choose to add the disclosure to the description of your video and then mention the partnership in your video. Something like: “Affiliate links included. I earn a commission if you purchase through these links.”

These are just some examples. Your affiliate disclosure should be customized to fit your tone and specific activity, but it must clearly communicate that you earn a commission from affiliate links.

How to Write an Affiliate Disclosure

Writing an affiliate disclosure isn’t complicated, but it must meet certain requirements to be effective. Here’s how:

1. Be Clear and Straightforward

As we said, one of the requirements of affiliate disclaimers is to be clear and easy to understand. For this reason, you should avoid complex language: your audience should immediately understand the nature of your relationship with the brand.

2. Place It Prominently

Both the FTC and EASA suggest adding your disclosure where it’s hard to miss. For example, you could add a reference to the partnership at the beginning of the post, both on social media and blog posts.

3. Include All Necessary Details

Sometimes, it’s necessary to specify in what affiliation program you’re participating. An example is the Amazon Associate Program. In their terms, Amazon suggests you to be specific about your affiliate links:

“As an Amazon Associate, I earn from qualifying purchases.”

Where to Put Your Affiliate Link Disclosure

Placement is just as important as the wording. Your affiliate link disclosure should be conspicuous and hard to miss, otherwise your posts could be seen as misleading advertising and expose you to legal issues.

Here are a few spots where you could add your disclaimer:

• At the beginning of the post, either a blog post or a social media post.
• Near your affiliate links. If you embed your affiliate links throughout your post, you may consider adding a disclosure next to them. For example, a statement like: “This link is an affiliate link, I may earn a commission if you click and make a purchase.”
• On a dedicated disclosure page. While this is not a replacement for in-post disclosures, a dedicated page could help you be more transparent with your users.

Conclusion

As you can see, disclosing your affiliations is essential to doing marketing right. Being transparent and honest with your audience will help you build a trusting relationship that is more likely to last.

Remember to consistently add your affiliate disclosures to your posts, and to make them easily accessible and visible.

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What is a No-Responsibility Disclaimer?

A no-responsibility disclaimer is a legal statement that informs your users that you are not liable for certain outcomes, actions or consequences. It is often used when things can potentially go wrong, in order to limit the liability of the business owner. That’s why you can find it in many different industries and platforms.

For example, let’s imagine you are a personal trainer who shares workout videos on YouTube. Your subscribers may follow your workouts and one of them could get injured as a result. A no-responsibility disclaimer can provide a good layer of protection here. In the description of your videos, you could add something like:

A no-responsibility disclaimer is often associated with a Limitation of Liability Clause that you can find in Terms and Conditions documents. This clause defines the conditions under which you may not be held liable.

When Do You Need a No-Responsibility Disclaimer?

There are many cases when you could need a no-responsibility disclaimer. Let’s examine the most common scenarios.

Websites and blogs

Sometimes websites or blogs publish content that, if misinterpreted, could possibly cause harm to users. For example, articles about health, legal, or financial matters could be read as the advice of a professional.

Websites like this often use a no-liability disclaimer to limit their liability and specify that, what is written on the website, does not constitute professional advice.

If your website or blog talks about:

• Health
• Legal matters
• Financial matters
• Business or investment strategies
• Workouts
• Mental health
• Diet and nutrition
• DIY home improvement or construction

then you may need to add a no-responsibility disclaimer!

Of course, this list is non-exhaustive and could include many more topics.

Products and services

A no-responsibility disclaimer can apply to products and services as well. Businesses often use them to clarify that they are not liable for specific outcomes and that users assume a risk when using a product or service – especially when it’s not used properly.

No Responsibility Disclaimer Examples

Now let’s take a look at the most common examples of no-responsibility disclaimers.

“We are not responsible for any damages” Disclaimer

This disclaimer can be used both in the case of a product or software, when you want to limit your liability in case of improper use, or in the case of information that could be misinterpreted and possibly cause damage.

In the example below, Nanyang Technological University of Singapore limits its liability in relation to the information provided on the website.

“Not Legal Advice” Disclaimer

This disclaimer is often used by bloggers, influencers, or businesses who write informational content but don’t want it to be taken as professional advice.

For example, the disclaimer below is taken from one of our webinars. We often host webinars for our users, to help them have a better understanding of legal compliance. However, these webinars are not legal advice, they’re purely informative, so we make sure to specify that.

“We are not responsible for any injuries” Disclaimer

This type of disclaimer is often used for activities that involve some degree of risk, such as fitness classes or outdoor activities.

The example below is taken from the YouTube channel Lidia Mera, a pilates instructor who shares her workout videos.

Is a No-Responsibility Disclaimer Enough?

Although a disclaimer can be a good starting point for limiting your liability, in some cases, it may be safer to have a more complete Terms and Conditions document.

For example, if your site handles complex scenarios like user account creation, or if you publish original copyrighted content. However, if you have an e-commerce site, Terms and Conditions aren’t just recommended, they’re mandatory because they contain information about the conditions of sale and disclosures on methods of payment, shipping, delivery, withdrawals, cancellation conditions, etc. – as required by consumer protection regulations.

Terms and Conditions are a legally binding document that helps you set the rules for your website or service. By requiring users to accept your Terms and Conditions, you ensure that they’ve agreed to your rules. They also cover a wider range of details than disclaimers.

How iubenda can help

With iubenda’s Terms and Conditions Generator, you can easily create your Terms and Conditions document.

Choose from our +100 pre-drafted clauses, translate your document into 15+ languages in just one click, and add it to your website by simply copying and pasting the code we provide.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

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To better understand the meaning of no guarantee, take a look at this example of a no guarantee disclaimer:

What does guarantee mean?

The meaning of no guarantee is tied to the one of guarantee.

The term “guarantee” refers to an assurance or promise that something will have a specific outcome or meet certain expectations. For example, it may refer to a promise that a product will work in a particular way or deliver a specific result. A closely related term is “warranty,” which also implies a formal assurance, often in the context of products or services.

Learn more about disclaimers

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Learn more about disclaimers with our guides:

Disclaimer Examples For Your Website

Warranty Disclaimer: What It Is and How It Protects Your Business

What is a copyright disclaimer and how to write it

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

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The legal clauses in different documents can look quite different. They can be simple statements of fact, or even complex sets of rules about legal obligations – such as payment terms, confidentiality, or dispute resolution mechanisms.

Read also

• Legalese: Meaning and Examples
• Disclaimer Definition & Meaning

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

The post Clause Definition & Meaning appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Learn more about disclaimers

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Learn more about the meaning of disclaimer, and how they can help you protect your business.

Disclaimer Examples For Your Website

What is a copyright disclaimer and how to write it

Warranty Disclaimer: What It Is and How It Protects Your Business

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

The post Disclaimer Definition & Meaning appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

But why do you need an email disclaimer? Is it required by law?

In this guide, we’ll explain everything you need to know about confidentiality email disclaimers and show you some practical examples.

What is an email disclaimer?

An email disclaimer is a statement included at the bottom of an email that explains how recipients should use the content of the email. For example, it can clarify the sender’s intent, provide information on the confidentiality of the content, or include legal notices.

Like every disclaimer, an email disclaimer aims to limit your liability and prevent potential problems. It can read something like this:

As you can see, the sender forbids the illegal distribution of the email while revoking any potential liability from unauthorized access.

When do you need to add a disclaimer to your emails?

The legal validity of email disclaimer statements is often debated. Many people think this type of disclaimer is ineffective because it doesn’t provide legal protection. However, there are some cases where an email disclaimer is a safe thing to have:

1. You share confidential information: Your emails may contain sensitive or privileged information that shouldn’t be shared with unauthorized recipients.
2. You want to limit your liability if your email contains incorrect information, is sent to the wrong person, or causes unintended damage.
3. You want to prevent misuse, so you warn against forwarding, sharing, or using the content without authorization.
4. You need to comply with laws, such as GDPR, HIPAA, and similar. In certain industries — like healthcare or finance — having an email disclaimer is a way to increase confidentiality between sender and recipient.

Of course, a simple disclaimer at the bottom of your communication cannot guarantee that the people who receive your emails will abide by what is written. But it’s still an additional level of protection.

Examples of email disclaimer

As we said, email disclaimers can have different purposes. Let’s take a look at the most common ones, with email disclaimer templates that you can use as a footprint.

Confidentiality email disclaimer

This disclaimer enhances the confidentiality of the message and forbids its disclosure. You can often find it in work emails when sensitive or confidential information is shared.

This email and any attached documents are intended for the named recipient(s) only. It may contain confidential, proprietary, or legally privileged information. Unauthorized reading, copying, distribution, or disclosure is strictly prohibited. If you received this email in error, please notify the sender immediately and delete it from your system.

Legal notices

Email disclaimers can often provide a link to the organization’s legal notices, such as privacy policy or Terms and Conditions.

[Organization name] processes personal data in accordance with applicable laws. For more details, visit [link to Privacy Policy].

Liability disclaimer

The sender of an email can also use the disclaimer to limit his liability in regard to the message shared.

No liability is accepted for any errors or omissions in the contents of this email.

Non-binding clause

This clause can be useful when exchanging information that could lead to a possible agreement, but that is still non-binding. The non-binding clause disclaimer makes it clear that the contents of the e-mail do not constitute a legally binding agreement unless expressly stated.

Nothing in this email shall be construed as legally binding unless confirmed by a signed agreement.

External email disclaimer

This disclaimer or tag, marks the email as originating outside the organization, and it alerts employees to potential phishing risks.

[External Email] Please exercise caution with links and attachments.

Environmental note

This disclaimer is entirely optional, but it’s a nice suggestion to the recipients of your emails!

Please consider your environmental responsibility before printing this email.

Unsubscribe link

In newsletters or marketing emails, there should always be an unsubscribe link at the bottom of the page. This link is required by law because people who receive your emails should always have an easy way to opt out of receiving them.

While email disclaimers are not required by law, if you’re sending a newsletter, having an unsubscribe link is mandatory.

You are receiving this email because you previously subscribed to our newsletter. If you no longer wish to receive our emails, you can unsubscribe here.

How do you put a disclaimer on your emails?

The easiest way to add a disclaimer to your email is to add it to your signature. In this way, every time you send an email, the disclaimer is automatically attached to your message.

Let’s take a look at how to customize your email disclaimer statement in Gmail and Outlook. However, the process is similar for most email providers.

Gmail

Click on the Settings icon on the top right, then click on See all settings.

Now scroll down to Signature and click on Create new. The first thing you need to add is your full name, then you can customize the message in your disclaimer.

Add your disclaimer in the box provided and save.

Outlook

Then click on Account > Signatures. Add your full name and paste your disclaimer in the box under your signature. Save all changes.

Summary

Even though they’re not necessarily required by law, email disclaimers are often recommended if confidential information is shared. They can provide you with an additional layer of security and help you limit your liability in case of unauthorized access or misuse. Remember to add your disclaimer to your signature, so it’s always attached when you send a new email.

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

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What Makes a Contract Legally Binding?

To be valid, a contract needs to meet certain conditions:

• Both parties have agreed to its terms through an offer and acceptance.
• There is a mutual understanding and genuine consent to the agreement.
• Each party provides something of value exchanged as part of the deal.
• Either party has the authority and capacity to enter into the contract with certainty.

A contract containing all these elements becomes binding once it’s signed by both parties.

For example, in the case of Terms and Conditions, users must understand and agree to the terms – often through an explicit action like checking a box or clicking “I agree.” This ensures mutual consent and demonstrates the user’s acceptance of the terms. The item of value is typically the access to the service or platform, in exchange for the user’s agreement to follow the platform’s rules.

What’s the Difference Between a Binding and Non-Binding Agreement?

Binding and non-binding agreements differ significantly in the level of commitment they create:

• Binding Agreement: A binding agreement holds legal force, meaning all parties are required to adhere to the terms. If someone breaches this agreement, the other party can take legal action.
• Non-Binding Agreement: On the other hand, a non-binding agreement does not have the same legal enforceability. It can be thought of as an understanding or expression of intent rather than a legal commitment.

See also

• What Are the Terms and Conditions and When Are They Needed?
• Privacy Policy Template
• Clickwrap Agreements: Top 5 Things You Need to Know

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

The post What’s a Legally Binding Agreement? appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Privacy Statement Example

To give you a little context, here’s how all the elements above come together in a short data privacy statement sample:

iubenda’s Privacy Policy Generator

Instead of writing a privacy policy yourself – which could expose you to non-compliance risks – why not rely on a professional tool like iubenda’s Privacy Policy Generator?

Our legal team has already done most of the work, handling all the legal documents and texts. We have pre-written all of 2400+ clauses for various services and you can select all those that apply to you.

You don’t need any legal skills. Our Generator guides you through the creation of your document and it only takes a few minutes.

We host your privacy policy, so we keep it legally relevant and change it whenever necessary.

Read also

• Which laws actually apply to you and your business? (Quiz)
• Privacy Policy Template
• How to Create a Privacy Policy with iubenda

About us

The solution to generate your Privacy Policy. Customizable from 1700+ clauses, available in 9 languages and self-updating

www.iubenda.com

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What is an “Agree to the Terms and Conditions” Checkbox?

The “Agree to the Terms and Conditions” checkbox is a digital mechanism that requires users to acknowledge and accept the Terms and Conditions of a website or application before proceeding with its use.

Did you know? Terms and Conditions are also called Terms of Service, Terms of Use, or User License Agreement. They lay down the rules that users must follow when using the products/services/website and clarify important elements like account suspension, limitations of liability, copyright, and more.

The checkbox is typically accompanied by a hyperlink to the actual Terms and Conditions (T&C) document. It acts as a gatekeeper, ensuring that users cannot claim ignorance of the rules governing their behavior and rights on the site since they have agreed to them.

When and Where is it Required?

While not legally required in every jurisdiction, the implementation of an “Agree to the Terms and Conditions” checkbox is considered best practice for almost all websites, and some clauses are mandatory when doing e-commerce.

Here are some key situations when you should ask users to accept Terms and Conditions:

• Before Creating an Account: It is common practice to get consent to your terms at the very beginning of the user journey, that is, during account creation.
• Before Making Purchases: E-commerce websites must have users agree to T&C before completing any purchase. These terms typically cover payment processes, shipping policies, returns and refunds, and warranty information.
• When Offering Subscriptions or Memberships: If your site offers subscriptions or memberships, users should agree to T&C detailing subscription terms, billing cycles, cancellation policies, and any automatic renewals.
• For Communities and User-Generated Content: If your platform allows users to post content (e.g., comments, photos, articles) like through social media, you should require users to accept Terms and Conditions outlining what is acceptable content, copyright issues, and your rights to use or remove user-generated content.
• For Software or App Downloads: Websites that offer software or app downloads should have T&C that inform users about the usage rights, licensing terms, restrictions, and any liabilities related to the use of the software.

Examples of “Agree to the Terms and Conditions” Statements

Here are some practical examples of situations where it is a best practice to mention or link to your Terms and Conditions.

eBay

eBay has a statement during the account creation process about their User Agreement as well as their User Privacy Notice.

Disney+

When subscribing for a Disney+ subscription, the user is guided through different steps like submitting email, creating password, and as you can see below, step 3 is dedicated to agreeing to their Subscriber Agreement. Disney+ doesn’t use a hyperlink to their Terms, but a box where users can scroll down and read the full document.

Spotify

Here’s one example to show you how important Terms are. Yes, they’re written in small letters, but they made it to Spotify Premium’s home page. There’s a link to their Terms to complement the information provided about subscriptions.

Pinterest

To join Pinterest’s community and create a free account, you need to agree to their Terms of Service.

The post Quick Guide to the “Agree to the Terms and Conditions” Checkbox appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

What is a Privacy Notice?

A privacy notice is a document that businesses provide to explain how they collect, use, and protect your personal data. The General Data Protection Regulation (GDPR), a major privacy law in the European Union, emphasizes the importance of privacy notices. They must be written in clear, straightforward language that anyone can understand. According to GDPR guidelines, a privacy notice should be easily accessible, often found on a website’s privacy policy page. It’s designed to be transparent about data processing activities to users and the public.

What is a Privacy Policy?

The term “privacy policy” is often used interchangeably with “privacy notice.” Essentially, it serves the same purpose: to inform you about the organization’s data processing practices. A privacy policy outlines how your personal information is collected, used, and protected. It’s a fundamental aspect of an organization’s commitment to data protection principles.

Privacy Notice vs Privacy Policy: Is There a Difference?

In the context of GDPR and general privacy practices, “privacy notice” and “privacy policy” refer to the same concept. They are both public documents that describe an organization’s data processing activities. However, the term “privacy notice” is more commonly used in legal contexts or when referring specifically to the GDPR, while “privacy policy” is a more general term often found on websites.

Purpose of Privacy Notices

Privacy notices play a crucial role in bridging the gap between organizations and the individuals whose data they handle, especially in the context of the European Union’s General Data Protection Regulation (GDPR). GDPR marks a significant move towards enhancing the control EU citizens and residents have over their personal data.

A well-crafted GDPR privacy notice is not just a legal necessity; it’s a cornerstone of transparency and trust. It empowers customers by providing them with clear, understandable information about what data is collected, how it’s used, who it’s shared with, and their rights concerning that data. This enables individuals to make informed decisions regarding their personal information.

Failing to adhere to GDPR’s stringent privacy requirements can lead to substantial penalties, including fines of up to 4% of an organization’s global revenue or €20 million, whichever is greater. This underscores the critical importance of compliance and the role privacy notices play in it.

Best Practices

• Accessibility: Privacy notices or policies should be accessible from every webpage of a website, ideally through a direct link. They should also be provided in writing and electronically, where appropriate.
• Clarity: The information must be easy to understand. The GDPR stresses the importance of using clear and plain language.

Creating a Privacy Notice

A comprehensive privacy notice serves as a clear communication tool between your organization and the individuals whose data you collect and process. Here’s what you should include to make your privacy notice effective:

Direct Collection of Personal Data

When your organization collects data directly from individuals, your privacy notice should include:

• Identity and Contact Details: Clearly state the name of your organization, contact details, and information about your representative and Data Protection Officer (DPO), if applicable.
• Purpose and Legal Basis for Processing: Specify why you are collecting personal data and the legal ground you’re relying on, such as consent, contract necessity, legal obligation, or legitimate interest.
• Legitimate Interests: If processing is based on legitimate interests, describe these interests for your organization or a third party.
• Recipients of Data: Disclose any third parties or categories of recipients who will receive the personal data.
• International Transfers: If data is transferred outside the European Economic Area (EEA), detail these transfers and the protective measures in place.
• Retention Period: Explain how long you will retain the data or the criteria used to determine this period.
• Data Subject’s Rights: Inform individuals of their rights regarding their data, including access, rectification, deletion, restriction, portability, and the right to object.
• Right to Withdraw Consent: If processing is based on consent, highlight the individual’s right to withdraw consent at any time.
• Right to Lodge a Complaint: Mention the right to lodge a complaint with a supervisory authority.
• Requirement to Provide Data: State whether providing data is a statutory or contractual requirement and the consequences of not providing data.
• Automated Decision-Making and Profiling: If applicable, provide details about any automated decision-making or profiling that takes place.

Indirect Collection of Personal Data

For data obtained indirectly, include all the above elements with these adjustments:

• Categories of Personal Data: Specify the types of personal data obtained indirectly.
• Exclude details on the statutory or contractual requirement to provide data.

Additionally, per Article 14(3) of the GDPR, when obtaining personal data from a third party, you must inform the data subject with the privacy notice:

• No later than one month after obtaining the data,
• At the time of the first communication with the data subject, or
• Before the data is disclosed to another organization.

Where Do I Publish My Privacy Notice, Policy, or Statement?

Your privacy notice, policy, or statement should be easily accessible:

• On Your Website: Publish it under a clear link, usually in the footer, accessible from every page.
• At Points of Data Collection: If you collect personal data, provide the notice or a link to it where the data collection happens, like signup forms.
• Upon Request: Make it available in other formats, including orally, to ensure it’s accessible to everyone, including the visually impaired.

Solutions for Creating a Privacy Policy, Notice, or Statement

Creating a privacy policy, notice, or statement can seem daunting, but there are several approaches to simplify the process:

1. Template Services

Template services offer a variety of pre-designed templates for creating privacy policies, notices, and statements. These templates are crafted to meet basic data protection standards and can be customized to align with your organization’s specific data processing practices, although they may not meet all the necessary requirements.

2. Privacy Policy Generators

Privacy Policy Generators provide an automated, interactive solution that crafts privacy documentation tailored to your organization’s specific needs. Users respond to questions about their data processing activities, and the tool generates a policy reflecting those details.

3. Seeking Legal Assistance

For organizations seeking customized solutions and legal robustness, consulting with a legal professional specializing in data protection and privacy law is invaluable. Legal experts can create personalized documents and provide strategic advice on compliance.

4. Utilizing Regulatory Guidance

Regulatory entities often provide guidance, best practices, and resources to help organizations understand their obligations under laws like the GDPR. This information can serve as a foundation for your privacy documentation.

While the terms privacy notice vs privacy policy may seem different, they refer to the same important document that outlines how an organization handles personal data.

Therefore, regardless of how we refer to them, ensuring that these documents are clear, accessible, and comprehensive not only complies with legal requirements like the GDPR but also builds trust with users.

FAQs

The post Privacy Notice vs Privacy Policy: Is there a difference? appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

This guide aims to provide comprehensive insights into the process of crafting and effectively showcasing one.

What is a Privacy Policy?

A Privacy Policy is a legal document that details how a business collects, uses, shares, and manages personal data. It’s mandated by global privacy laws and is unique to each business’s data practices.

What is a Privacy Policy URL? 

It serves as the direct link to where your Privacy Policy is made available online. It is essential to meet legislation requirements by making your Privacy Policy accessible, and one effective method to achieve this is by offering a URL link to your policy that can be easily found and accessed at any moment.

This necessity extends to app developers seeking to collaborate with major platforms like Facebook and Apple, who are frequently asked to submit the link during the app registration process.
Typically, the preferred approach is to host your Privacy Policy yourself, facilitating updates and maintaining control. 

Creating Privacy Policy URL

The journey to a robust privacy policy begins with understanding the types of personal data you collect, from email addresses to browsing habits. Options range from using a free privacy policy generator for basic needs to consulting legal experts for more complex scenarios. 

The key lies in making this policy easily accessible, typically through a link in your website’s footer, ensuring compliance and user convenience.

FREE PRIVACY POLICY GENERATOR

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Privacy Policy URL Placement

Displaying your Privacy Policy URL prominently on your website is key to complying with privacy laws (like the GDPR or the CCPA/CPRA) and making the policy accessible to the public. A common and effective placement is within the website’s footer, a location users are accustomed to checking for such links, ensuring its visible on every page for easy access.

An exemplary implementation of this can be seen on our website, where the link is featured in our site’s footer alongside other crucial links.

This is not only meets legal requirements but also reinforces your commitment to user privacy. As a data controller, it’s your responsibility to ensure that your privacy policy is clear, accessible, and reflects your current data practices.

FAQs

1. Where do I find my privacy policy URL?

• Answer: The privacy policy URL for your website or application is typically located in the footer or within the settings or legal section. If you’re looking for the privacy policy of a service you’re using, it’s often found at the bottom of the homepage or under a menu labeled ‘Legal’, ‘Privacy’, or ‘Terms & Conditions’. For personal websites or apps, if you have created a privacy policy, the URL is the web address where this policy is published.

2. What is a privacy notice URL?

• Answer: A privacy notice URL is a direct link (URL) to a sites Privacy Policy. This includes information about what personal data is collected, how it’s used, stored, and shared, as well as users’ rights regarding their data. 

3. How do I get a privacy policy URL on Facebook Developer?

• Answer: To get one for your app on Facebook Developer, first, you need to create a privacy policy for your app. Once you have the policy, host it on a public website. Then, log in to your Facebook Developer account, go to ‘My Apps’, select your app, and navigate to ‘Settings’ > ‘Basic’. Here, you will find a field to enter the URL of your privacy policy. Ensure that the URL is publicly accessible so that Facebook can review it.

4. Where is the privacy policy on a website?

• Answer: On most websites, the privacy policy can be found at the bottom of the webpage, often in the footer. It may be labeled as ‘Privacy Policy’, ‘Privacy Notice’, or something similar. Alternatively, it can also be found in the website’s menu, usually under sections like ‘About’, ‘Legal’, ‘Terms & Conditions’, or ‘Settings’. For a comprehensive understanding, it’s advisable to read through the entire policy, especially on websites where you provide personal information.

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What is an EULA and how to generate one? (+ FREE template)

What is an End-User License Agreement (EULA)?

EULA meaning: An End-User License Agreement is a legally binding agreement between the owner of an application or software, and the end-user. More specifically, It is a contract between the licensor of a product and the licensee (also called Software License Agreement (SLA), or Licensed Application End-User Agreement).

Going into more details, a EULA specifies the rights and restrictions that apply to the software, and it’s typically presented to users during the installation/set-up stage. Like other legal agreements, it is only valid if it’s actually agreed to.

The End User License Agreement (EULA) typically involves two parties:

• The Software Provider/Author or Licensor: This is the party that owns the rights to the product and grants the license for use of the software. In many cases, it is a company that acts as the software publisher, but it could also be the individual or author who developed the software.
• The End-User/Buyer or Licensee: This is the individual or organization that is receiving the license to use the software and agrees to comply with the terms and conditions outlined in the EULA. The end-user could be a person who is installing the software on their personal computer, or it could be a business or other organization that is installing the software for use by its employees or members.

Does a EULA provide legal protection?

Yes, it does. In fact, as mentioned before, End User License Agreement (EULA) is a legally enforceable contract that protects your intellectual property and copyright while governing the relationship between you and the end user.

For a EULA to be binding, parties must give their mutual consent to its terms, which is typically obtained through the user’s acceptance of the agreement. It is crucial to ensure that the language used in the EULA is coherent and understandable, making it clear to the user that they are entering into a contractual agreement with you.

The primary legal protections provided by a EULA include, amongst others:

• ownership rights (intellectual property, etc.);
• user’s rights granted under the software license;
• restrictions on the use of the license;
• disclaimer warranties;
• limitation of liabilities.

An example of a legal protection is what an EULA offers against potential lawsuits from end users who claim that your software caused harm or damage. Through carefully crafted clauses, the EULA can establish clear limitations on your liabilities, potentially minimizing legal risks.

When is an EULA needed?

End User License Agreements are important for protecting the rights of the business owner/licensor and critical for setting the rules of use and managing the expectations of the end-user.

Generally, the EULA will help you to set the conditions of your license agreement with the user – explain what they are and aren’t allowed to do with the software, the conditions under which their access might be limited or terminated, copyright provisions etc.

Some additional instances where you might need a End User License Agreement are where you:

• need to make legally required disclosures related to consumer rights (especially withdrawal and cancellation rights);
• have different user levels (eg. registered vs non-registered);
• your platform allows users to sell or trade with other users;
• facilitate or otherwise process payments and/or other sensitive user data; want to set the rules for user behavior and state grounds for termination of accounts;
• participate in affiliate programs;
• provide a software or service which can potentially cause harm if misused;
• would like to have some legally enforceable control over, and set rules about, how your website/app/product may be used.

Is an EULA the same as “Terms of Use” or “Terms of Service” (ToS)?

Yes, somewhat. Terms of Use (also called Terms and Conditions and Terms of Service) generally govern the relationship between a business, its services and its users/consumers – this broad scope can include everything from copyright and licensing to consumer rights, to return policies and setting governing law.

An End User License Agreement operates in a similar way, but focuses mostly on the licensing relationship. The titles “Terms and Conditions“, “Terms of Use” and “EULA” mean the same thing in relation to software and apps and are often used interchangeably.

What is the difference between SLA and EULA?

The main difference between a EULA and a SLA (software license agreement) lies in their intended use. A EULA is typically designed for situations where numerous users use the software on an ongoing basis. In contrast, a software license agreement is more commonly employed in business-to-business scenarios, and often for finite engagements.

So for example, an SLA might be used in a situation where the software is downloaded and operated directly on the user’s computer, while a EULA might be used for Software as a Service or an app. Obviously there are other nuances between an SLA and EULA but this is the key distinction.

What is the difference between end-user license agreement and license agreement?

In many cases, the terms “End User License Agreement” (EULA) and “License Agreement” are used interchangeably, and both typically refer to the contract between the licensor (the party who owns the rights to the product) and the licensee (the party who is receiving the rights to use the product under specific terms and conditions)

However, it is worth mentioning that EULAs are typically specific to software and digital goods. They are presented to the end user (the person or entity using the software) during the installation process.

License Agreements, on the other hand, may cover a broader range of products, services, or intellectual property, such as patents, trademarks, and copyrights. A License Agreement might be used when the licensee is another business or entity rather than the end consumer.

What should be included in an EULA?

Although these documents vary, common clauses for End User License Agreements are:

• definitions;
• a grant of license;
• limitations on use;
• a copyright notice;
• a limited warranty.

How do you write EULA?

When writing a basic End User License Agreement, be sure to at least:

• clearly identify yourself/your business;
• clear state the rules for user behavior and access to your product/software;
• disclose the copyright/intellectual property license that applies (e.g. open source);
• include other details of the software license including conditions for termination;
• include any disclaimers and limitation of liability statements.

You can see how this all comes together in the EULA example text below.

Can I use a EULA Generator?

Yes, absolutely! You can use a EULA Generator to create End User License Agreements.

However, it’s important to vet the quality of the generator you use. Remember that EULA’s being a type of Terms and Conditions, they are essentially legal documents. This means that the generator you choose must contain clauses written by actual legal professionals and that it allows you to fully customize your document to match your specific circumstances.

Here is a list of things to look for when choosing a quality EULA generator:

Has clauses written by actual legal professionals

Provides clear and easy-to-understand instructions

Allows you to customize the EULA to meet your specific needs

Provides legal language that is appropriate for your jurisdiction

Offers ongoing support and updates

Did you know?

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You can create a professional, legally compliant and customizable EULA (End-User License Agreement) with iubenda’s EULA generator.

Download our Sample EULA Template for your Website

How to Use the Template

1. Download the Template: Get our free EULA template in Word Doc or copy and paste the HTML directly into your website.
2. Fill in Business and Contact Details: Before you publish it, fill in all the brackets [with your business info and contact details].
3. Customize Sale and Service Clauses: The template covers B2B-B2C scenarios (the clauses for consumers are expressly mentioned) for SaaS, apps, and in general when software is provided. Make sure these sections match what your business offers.
4. Tailor to Legal Jurisdictions: The template includes parts relevant to the EU, UK, and US (with some sections relevant only to consumers or specific territories). Some sections are specific to certain areas, so make sure they comply with the laws where your customers are.

EULA Template (HTML Text)

Copy and paste the EULA Template HTML directly into your website.

 <h1>End User License Agreement of [application name]</h1>
 <p>This End User License Agreement governs the use of our application in a legally binding way. You must read this document carefully.</p>
 <p>Our application is provided by:</p>
 <p>[name/company and full address]</p>
 <p><strong>Contact email:</strong> [email address]</p>
 <p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/22363/-what-is-an-eula">End User License Agreement (EULA) template</a>.</p>
 <h2>What you should know at a glance</h2>
 <p>Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.</p>
 <h2>TERMS OF USE</h2>
 <p>Unless stated otherwise, the terms in this section apply generally when using our application.</p>
 <p>Specific or additional conditions may apply in certain situations and are noted in this document.</p>
 <p>By using our application, you confirm the following:</p>
 <ul>
 <li>you are older than [number of years of age];</li>
 <li>you are not in a country under a U.S. government embargo or designated as a "terrorist-supporting" country;</li>
 <li>you are not on any U.S. government list of prohibited or restricted parties.</li>
 </ul>
 <h3>Account registration</h3>
 <p>To use our application, you can register or create an account by providing complete and truthful information. You can also use our application without an account, but this might limit some features.</p>
 <p>You are responsible for keeping your login details confidential and must choose passwords that meet the highest standards of strength as allowed by our application.</p>
 <p>By registering, you agree to take full responsibility for all activities under your username and password. You must immediately inform us using the contact details in this document if you believe your personal information, account, or login details have been violated, disclosed, or stolen.</p>
 <h4>Conditions for account registration</h4>
 <p>Registration of accounts on our application is subject to the conditions outlined below. By registering, you agree to meet such conditions.</p>
 <ul>
 <li>It is not permitted to register accounts by bots or any other automated methods;</li>
 <li>You must register only one account, unless otherwise specified;</li>
 <li>Your account must not be shared with other persons unless otherwise specified.</li>
 </ul>
 <h4>Account termination</h4>
 <p>You can close your account and stop using our service anytime by contacting us at the contact details provided in this document.</p>
 <h4>Account suspension and deletion</h4>
 <p>We reserve the right to suspend or delete your account at any time and without notice if we find it inappropriate, offensive, or in violation of these terms.</p>
 <p>Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement.</p>
 <p>The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.</p>
 <h3>Content on this application</h3>
 <p>Unless otherwise noted, all content on our application is owned or provided by us or our licensors.</p>
 <p>We do our best to ensure the content on our application complies with all laws and respects third-party rights. However, this may not always be achievable. If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.</p>
 <h4>Removal of content from parts of this application available through the App Store</h4>
 <p>If the reported content is deemed objectionable, it will be removed and those who provided the content will be prevented from using our application.</p>
 <h3>Access to external resources</h3>
 <p>Through our application, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.</p>
 <p>Conditions for third-party resources, including any rights granted in their content, are governed by those third parties' terms and conditions or by applicable law.</p>
 <h3>Acceptable use</h3>
 <p>Our application may only be used within the scope of what is provided for, under this document and applicable law.</p>
 <p>You are solely responsible for ensuring your use of our application does not violate any laws, regulations, or third-party rights.</p>
 <p>We reserve the right to protect our interests by denying you access to our application, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:</p>
 <ul>
 <li>violating laws, regulations, or these terms;</li>
 <li>infringing on third-party rights;</li>
 <li>significantly impairing our legitimate interests;</li>
 <li>offending us or any third party.</li>
 </ul>
 <h3>Software license</h3>
 <p>Any intellectual or industrial property rights, as well as other exclusive rights on software or technical features related to our application, are owned by us and/or our licensors.</p>
 <p>Provided you comply with these terms, we grant you a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and other technical features on our application for its intended purposes.</p>
 <p>This license does not give you any rights to access, use, or share the original source code. All techniques, algorithms, and procedures in the software and related documentation are the sole property of us or our licensors.</p>
 <p>All rights and licenses granted to you will immediately end if the agreement is terminated or expires.</p>
 <p>Despite the above, under this license, you can download, install, use, and run the software on [number of devices] devices, as long as your devices are common and up-to-date with current technology and market standards.</p>
 <p>We reserve the right to release updates and improvements to our application and its related software. You may need to download and install these updates to keep using them.</p>
 <p>However, in order to get access to completely new versions or releases of the software you may need to purchase a separate license.</p>
 <p>Notwithstanding the foregoing, you undertake to immediately delete any copies of the software upon the expiry of the license.</p>
 <p>The software licensed will be valid and functional for 2 years since it has been made available to you, and in any case for the entire duration of the subscription, subject to the conditions of the agreement including, without limitation, any required updates. It is understood that the possible occurrence of errors and occasional technical faults is inherent to the nature of software. To the extent required under applicable law and/or the agreement, we commit to resolving possible defects and/or faults impairing the software’s functionality during the validity period, unless these result from any improper or irregular use of the software, including (without limitation) your failure to implement any required updates.</p>
 <h3>Purchase via app store</h3>
 <p>Our application or specific products available for sale may be purchased via a third-party app store. To access such purchases, you must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.</p>
 <p>Unless otherwise specified, purchases done via third-party online stores are also subject to third parties’ terms and conditions, which will always prevail upon these terms in case of conflict. You must read such third-party’ terms and conditions of sale carefully and accept them.</p>
 <h3>Contract duration</h3>
 <h4>Subscriptions</h4>
 <p>Subscriptions allow you to receive the product regularly over time.</p>
 <p>[add more details about subscriptions]</p>
 <h4>Subscriptions handled via Apple ID</h4>
 <p>You may subscribe to a product using the Apple ID associated with your Apple App Store account by using the relevant process on our application. When doing so, you acknowledge and accept that:</p>
 <ul>
 <li>any payment due will be charged to your Apple ID account;</li>
 <li>subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires;</li>
 <li>any fees or payments due for renewal will be charged within 24-hours before the end of the current period;</li>
 <li>subscriptions can be managed or cancelled in your Apple App Store account settings.</li>
 </ul>
 <p>The above will prevail upon any conflicting or diverging provision of this document.</p>
 <h4>Termination</h4>
 <p>Subscriptions may be terminated by sending us a clear and unambiguous termination notice using the contact details provided in this document.</p>
 <p>[add more details on termination of subscription]</p>
 <h2>LIABILITY AND INDEMNIFICATION</h2>
 <p>We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.</p>
 <h4>Indemnification</h4>
 <p>You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.</p>
 <h4>Limitation of liability</h4>
 <p>Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).</p>
 <p>However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract's purpose), and/or damages resulting from intentional or gross negligence, provided that our application has been used appropriately and correctly by you.</p>
 <p>Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the contract was entered into.</p>
 <h3>US users</h3>
 <h4>Disclaimer of warranties</h4>
 <p>Our application is provided on an “as is” and “as available” basis. When you use our application, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else's rights. Please keep in mind that any advice or information you receive from us or through our service does not create any warranties beyond what we have explicitly stated here.</p>
 <p>Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that it is always going to be the case. We do not guarantee that the service will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control. While we do our best to keep everything running smoothly, we cannot ensure that the service will be free of harmful elements like viruses. If you choose to download any content from our service, you are assuming the risk, and we are not responsible for any damage it might cause to your devices or data.</p>
 <p>We do not endorse or guarantee any products or services advertised through our service or any links we provide. We are not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.</p>
 <p>Our service might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our service.</p>
 <p>While we may have certain exclusions and limitations in our agreement, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and other jurisdictions, may offer protections that supersede our disclaimers and exclusions. This means that you may have specific legal rights that are not affected by our agreement. It is essential to understand your rights, as they may vary from state to state or country to country. We want to emphasize that any disclaimers or exclusions in our agreement will only be enforced to the extent permitted by applicable law.</p>
 <h4>Limitation of liability</h4>
 <p>To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:</p>
 <ul>
 <li>any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;</li>
 <li>any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;</li>
 <li>errors, mistakes, or inaccuracies in the content provided;</li>
 <li>personal injury or property damage resulting from your use of the service;</li>
 <li>unauthorized access to our secure servers or personal information stored therein;</li>
 <li>interruption or cessation of transmission to or from the service;</li>
 <li>bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;</li>
 <li>errors or omissions in any content posted, transmitted, or made available through the service;</li>
 <li>defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.</li>
 </ul>
 <p>This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.</p>
 <p>Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.</p>
 <h4>Indemnification</h4>
 <p>By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:</p>
 <ul>
 <li>your use of the service, including any data or content you transmit or receive;</li>
 <li>your violation of these terms, including any breach of representations and warranties;</li>
 <li>your violation of third-party rights, such as privacy or intellectual property rights;</li>
 <li>your violation of statutory laws, rules, or regulations;</li>
 <li>any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;</li>
 <li>your intentional misconduct; or</li>
 <li>any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.</li>
 </ul>
 <h2>INFORMATION ABOUT THIS DOCUMENT</h2>
 <p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/22363/-what-is-an-eula">End User License Agreement (EULA) template</a>.</p>
 <h2>COMMON PROVISIONS</h2>
 <h3>No waiver</h3>
 <p>Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.</p>
 <h3>Service interruption</h3>
 <p>To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.</p>
 <p>We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.</p>
 <p>The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.</p>
 <h3>Service reselling</h3>
 <p>You may not reproduce, duplicate, copy, sell, or exploit any part of our application without our express written permission, granted either directly or through a legitimate reselling program.</p>
 <h3>Privacy policy</h3>
 <p>For information on the use of personal data, you can refer to our application's privacy policy.</p>
 <h3>Intellectual property rights</h3>
 <p>Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our application, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.</p>
 <p>All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our application, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.</p>
 <h3>Changes to the terms</h3>
 <p>We reserve the right to modify these terms at any time, informing you of any changes.</p>
 <p>Such changes will only affect the relationship with you from the date communicated onwards.</p>
 <p>Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.</p>
 <p>The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.</p>
 <p>If legally required, we will notify you in advance of when the modified terms will take effect.</p>
 <h3>Assignment of contract</h3>
 <p>We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.</p>
 <p>You cannot assign or transfer your rights or obligations under these terms without our written permission.</p>
 <h3>Contact</h3>
 <p>All communications regarding the use of our application must be sent using the contact information provided in this document.</p>
 <h3>Severability</h3>
 <p>Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.</p>
 <h4>US users</h4>
 <p>Any invalid or unenforceable provision will be interpreted to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. This document constitutes the entire agreement between you and us and supersede all other communications, including but not limited to prior agreements concerning such subject matter, to the fullest extent permitted by law.</p>
 <h4>EU users</h4>
 <p>If any provision of this document is void, invalid, or unenforceable, we both agree to do our best to find, in an amicable way, an agreement on valid and enforceable provisions. In case of failure to do so, the void, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions.</p>
 <p>Regardless of the above, the nullity, invalidity, or impossibility of enforcing a particular provision of this document will not nullify the entire agreement, unless the severed provisions are essential for it, or of such importance that we both would not have entered into the contract if we had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship for you or us.</p>
 <h3>Governing law</h3>
 <p>These terms are governed by the law of the place where we are based, as outlined in the relevant section of this document, without regard to conflict of laws principles.</p>
 <h4>Prevalence of national law</h4>
 <p>However, regardless of the above, if the law of the country that you are based on provides for higher applicable consumer protection standards, such higher standards will prevail.</p>
 <h3>Venue of jurisdiction</h3>
 <p>The jurisdiction over any controversy related to these terms lies with the courts of the place where we are based, as outlined in the relevant section of this document.</p>
 <h4>Exception for consumers in Europe</h4>
 <p>However, regardless of the above, this does not apply if you qualify as a European consumer or if you are a consumer based in the United Kingdom, Switzerland, Norway, or Iceland.</p>
 <h4>UK consumers</h4>
 <p>If you are a consumer based in England and Wales, you may bring legal proceedings related to these terms in the English and Welsh courts. If you are a consumer based in Scotland, you may bring legal proceedings in either the Scottish or the English courts. If you are a consumer based in Northern Ireland, you may bring legal proceedings in either the Northern Irish or the English courts.</p>
 <h4>US users</h4>
 <p>We both agree to waive any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and we both agree not to join in a class action or other proceeding with or on behalf of others.</p>
 <h3>US users</h3>
 <h4>Surviving provisions</h4>
 <p>Our agreement will continue in effect until it is terminated by either our application or you. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following:</p>
 <ul>
 <li>your grant of licenses under this document will survive indefinitely;</li>
 <li>your indemnification obligations will survive for a period of five years from the date of termination;</li>
 <li>the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.</li>
 </ul>

EULA Template (WordPress)

Copy and paste the EULA Templat directly into your WordPress editor.

 <h1>End User License Agreement of [application name]</h1>
 <p>This End User License Agreement governs the use of our application in a legally binding way. You must read this document carefully.</p>
 <p>Our application is provided by:</p>
 <p>[name/company and full address]</p>
 <p><strong>Contact email:</strong> [email address]</p>
 <p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/22363/-what-is-an-eula">End User License Agreement (EULA) template</a>.</p>
 <h2>What you should know at a glance</h2>
 <p>Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.</p>
 <h2>TERMS OF USE</h2>
 <p>Unless stated otherwise, the terms in this section apply generally when using our application.</p>
 <p>Specific or additional conditions may apply in certain situations and are noted in this document.</p>
 <p>By using our application, you confirm the following:</p>
 <ul>
 <li>you are older than [number of years of age];</li>
 <li>you are not in a country under a U.S. government embargo or designated as a "terrorist-supporting" country;</li>
 <li>you are not on any U.S. government list of prohibited or restricted parties.</li>
 </ul>
 <h3>Account registration</h3>
 <p>To use our application, you can register or create an account by providing complete and truthful information. You can also use our application without an account, but this might limit some features.</p>
 <p>You are responsible for keeping your login details confidential and must choose passwords that meet the highest standards of strength as allowed by our application.</p>
 <p>By registering, you agree to take full responsibility for all activities under your username and password. You must immediately inform us using the contact details in this document if you believe your personal information, account, or login details have been violated, disclosed, or stolen.</p>
 <h4>Conditions for account registration</h4>
 <p>Registration of accounts on our application is subject to the conditions outlined below. By registering, you agree to meet such conditions.</p>
 <ul>
 <li>It is not permitted to register accounts by bots or any other automated methods;</li>
 <li>You must register only one account, unless otherwise specified;</li>
 <li>Your account must not be shared with other persons unless otherwise specified.</li>
 </ul>
 <h4>Account termination</h4>
 <p>You can close your account and stop using our service anytime by contacting us at the contact details provided in this document.</p>
 <h4>Account suspension and deletion</h4>
 <p>We reserve the right to suspend or delete your account at any time and without notice if we find it inappropriate, offensive, or in violation of these terms.</p>
 <p>Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement.</p>
 <p>The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.</p>
 <h3>Content on this application</h3>
 <p>Unless otherwise noted, all content on our application is owned or provided by us or our licensors.</p>
 <p>We do our best to ensure the content on our application complies with all laws and respects third-party rights. However, this may not always be achievable. If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.</p>
 <h4>Removal of content from parts of this application available through the App Store</h4>
 <p>If the reported content is deemed objectionable, it will be removed and those who provided the content will be prevented from using our application.</p>
 <h3>Access to external resources</h3>
 <p>Through our application, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.</p>
 <p>Conditions for third-party resources, including any rights granted in their content, are governed by those third parties' terms and conditions or by applicable law.</p>
 <h3>Acceptable use</h3>
 <p>Our application may only be used within the scope of what is provided for, under this document and applicable law.</p>
 <p>You are solely responsible for ensuring your use of our application does not violate any laws, regulations, or third-party rights.</p>
 <p>We reserve the right to protect our interests by denying you access to our application, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:</p>
 <ul>
 <li>violating laws, regulations, or these terms;</li>
 <li>infringing on third-party rights;</li>
 <li>significantly impairing our legitimate interests;</li>
 <li>offending us or any third party.</li>
 </ul>
 <h3>Software license</h3>
 <p>Any intellectual or industrial property rights, as well as other exclusive rights on software or technical features related to our application, are owned by us and/or our licensors.</p>
 <p>Provided you comply with these terms, we grant you a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and other technical features on our application for its intended purposes.</p>
 <p>This license does not give you any rights to access, use, or share the original source code. All techniques, algorithms, and procedures in the software and related documentation are the sole property of us or our licensors.</p>
 <p>All rights and licenses granted to you will immediately end if the agreement is terminated or expires.</p>
 <p>Despite the above, under this license, you can download, install, use, and run the software on [number of devices] devices, as long as your devices are common and up-to-date with current technology and market standards.</p>
 <p>We reserve the right to release updates and improvements to our application and its related software. You may need to download and install these updates to keep using them.</p>
 <p>However, in order to get access to completely new versions or releases of the software you may need to purchase a separate license.</p>
 <p>Notwithstanding the foregoing, you undertake to immediately delete any copies of the software upon the expiry of the license.</p>
 <p>The software licensed will be valid and functional for 2 years since it has been made available to you, and in any case for the entire duration of the subscription, subject to the conditions of the agreement including, without limitation, any required updates. It is understood that the possible occurrence of errors and occasional technical faults is inherent to the nature of software. To the extent required under applicable law and/or the agreement, we commit to resolving possible defects and/or faults impairing the software’s functionality during the validity period, unless these result from any improper or irregular use of the software, including (without limitation) your failure to implement any required updates.</p>
 <h3>Purchase via app store</h3>
 <p>Our application or specific products available for sale may be purchased via a third-party app store. To access such purchases, you must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.</p>
 <p>Unless otherwise specified, purchases done via third-party online stores are also subject to third parties’ terms and conditions, which will always prevail upon these terms in case of conflict. You must read such third-party’ terms and conditions of sale carefully and accept them.</p>
 <h3>Contract duration</h3>
 <h4>Subscriptions</h4>
 <p>Subscriptions allow you to receive the product regularly over time.</p>
 <p>[add more details about subscriptions]</p>
 <h4>Subscriptions handled via Apple ID</h4>
 <p>You may subscribe to a product using the Apple ID associated with your Apple App Store account by using the relevant process on our application. When doing so, you acknowledge and accept that:</p>
 <ul>
 <li>any payment due will be charged to your Apple ID account;</li>
 <li>subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires;</li>
 <li>any fees or payments due for renewal will be charged within 24-hours before the end of the current period;</li>
 <li>subscriptions can be managed or cancelled in your Apple App Store account settings.</li>
 </ul>
 <p>The above will prevail upon any conflicting or diverging provision of this document.</p>
 <h4>Termination</h4>
 <p>Subscriptions may be terminated by sending us a clear and unambiguous termination notice using the contact details provided in this document.</p>
 <p>[add more details on termination of subscription]</p>
 <h2>LIABILITY AND INDEMNIFICATION</h2>
 <p>We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.</p>
 <h4>Indemnification</h4>
 <p>You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.</p>
 <h4>Limitation of liability</h4>
 <p>Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).</p>
 <p>However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract's purpose), and/or damages resulting from intentional or gross negligence, provided that our application has been used appropriately and correctly by you.</p>
 <p>Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the contract was entered into.</p>
 <h3>US users</h3>
 <h4>Disclaimer of warranties</h4>
 <p>Our application is provided on an “as is” and “as available” basis. When you use our application, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else's rights. Please keep in mind that any advice or information you receive from us or through our service does not create any warranties beyond what we have explicitly stated here.</p>
 <p>Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that it is always going to be the case. We do not guarantee that the service will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control. While we do our best to keep everything running smoothly, we cannot ensure that the service will be free of harmful elements like viruses. If you choose to download any content from our service, you are assuming the risk, and we are not responsible for any damage it might cause to your devices or data.</p>
 <p>We do not endorse or guarantee any products or services advertised through our service or any links we provide. We are not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.</p>
 <p>Our service might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our service.</p>
 <p>While we may have certain exclusions and limitations in our agreement, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and other jurisdictions, may offer protections that supersede our disclaimers and exclusions. This means that you may have specific legal rights that are not affected by our agreement. It is essential to understand your rights, as they may vary from state to state or country to country. We want to emphasize that any disclaimers or exclusions in our agreement will only be enforced to the extent permitted by applicable law.</p>
 <h4>Limitation of liability</h4>
 <p>To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:</p>
 <ul>
 <li>any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;</li>
 <li>any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;</li>
 <li>errors, mistakes, or inaccuracies in the content provided;</li>
 <li>personal injury or property damage resulting from your use of the service;</li>
 <li>unauthorized access to our secure servers or personal information stored therein;</li>
 <li>interruption or cessation of transmission to or from the service;</li>
 <li>bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;</li>
 <li>errors or omissions in any content posted, transmitted, or made available through the service;</li>
 <li>defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.</li>
 </ul>
 <p>This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.</p>
 <p>Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.</p>
 <h4>Indemnification</h4>
 <p>By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:</p>
 <ul>
 <li>your use of the service, including any data or content you transmit or receive;</li>
 <li>your violation of these terms, including any breach of representations and warranties;</li>
 <li>your violation of third-party rights, such as privacy or intellectual property rights;</li>
 <li>your violation of statutory laws, rules, or regulations;</li>
 <li>any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;</li>
 <li>your intentional misconduct; or</li>
 <li>any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.</li>
 </ul>
 <h2>INFORMATION ABOUT THIS DOCUMENT</h2>
 <p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/22363/-what-is-an-eula">End User License Agreement (EULA) template</a>.</p>
 <h2>COMMON PROVISIONS</h2>
 <h3>No waiver</h3>
 <p>Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.</p>
 <h3>Service interruption</h3>
 <p>To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.</p>
 <p>We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.</p>
 <p>The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.</p>
 <h3>Service reselling</h3>
 <p>You may not reproduce, duplicate, copy, sell, or exploit any part of our application without our express written permission, granted either directly or through a legitimate reselling program.</p>
 <h3>Privacy policy</h3>
 <p>For information on the use of personal data, you can refer to our application's privacy policy.</p>
 <h3>Intellectual property rights</h3>
 <p>Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our application, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.</p>
 <p>All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our application, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.</p>
 <h3>Changes to the terms</h3>
 <p>We reserve the right to modify these terms at any time, informing you of any changes.</p>
 <p>Such changes will only affect the relationship with you from the date communicated onwards.</p>
 <p>Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.</p>
 <p>The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.</p>
 <p>If legally required, we will notify you in advance of when the modified terms will take effect.</p>
 <h3>Assignment of contract</h3>
 <p>We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.</p>
 <p>You cannot assign or transfer your rights or obligations under these terms without our written permission.</p>
 <h3>Contact</h3>
 <p>All communications regarding the use of our application must be sent using the contact information provided in this document.</p>
 <h3>Severability</h3>
 <p>Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.</p>
 <h4>US users</h4>
 <p>Any invalid or unenforceable provision will be interpreted to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. This document constitutes the entire agreement between you and us and supersede all other communications, including but not limited to prior agreements concerning such subject matter, to the fullest extent permitted by law.</p>
 <h4>EU users</h4>
 <p>If any provision of this document is void, invalid, or unenforceable, we both agree to do our best to find, in an amicable way, an agreement on valid and enforceable provisions. In case of failure to do so, the void, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions.</p>
 <p>Regardless of the above, the nullity, invalidity, or impossibility of enforcing a particular provision of this document will not nullify the entire agreement, unless the severed provisions are essential for it, or of such importance that we both would not have entered into the contract if we had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship for you or us.</p>
 <h3>Governing law</h3>
 <p>These terms are governed by the law of the place where we are based, as outlined in the relevant section of this document, without regard to conflict of laws principles.</p>
 <h4>Prevalence of national law</h4>
 <p>However, regardless of the above, if the law of the country that you are based on provides for higher applicable consumer protection standards, such higher standards will prevail.</p>
 <h3>Venue of jurisdiction</h3>
 <p>The jurisdiction over any controversy related to these terms lies with the courts of the place where we are based, as outlined in the relevant section of this document.</p>
 <h4>Exception for consumers in Europe</h4>
 <p>However, regardless of the above, this does not apply if you qualify as a European consumer or if you are a consumer based in the United Kingdom, Switzerland, Norway, or Iceland.</p>
 <h4>UK consumers</h4>
 <p>If you are a consumer based in England and Wales, you may bring legal proceedings related to these terms in the English and Welsh courts. If you are a consumer based in Scotland, you may bring legal proceedings in either the Scottish or the English courts. If you are a consumer based in Northern Ireland, you may bring legal proceedings in either the Northern Irish or the English courts.</p>
 <h4>US users</h4>
 <p>We both agree to waive any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and we both agree not to join in a class action or other proceeding with or on behalf of others.</p>
 <h3>US users</h3>
 <h4>Surviving provisions</h4>
 <p>Our agreement will continue in effect until it is terminated by either our application or you. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following:</p>
 <ul>
 <li>your grant of licenses under this document will survive indefinitely;</li>
 <li>your indemnification obligations will survive for a period of five years from the date of termination;</li>
 <li>the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.</li>
 </ul>

EULA Template (Word DOCX)

Where to display an End User License Agreement

There are a few rules to follow for displaying the document:

1. Ensure that users agree to your End User License Agreement (EULA) before purchasing and using your software or app. This means there are two primary points where you can display the EULA: before or after the software is downloaded or installed. Either option is acceptable, but it’s crucial to make the EULA easily accessible and noticeable at both stages, in case users need to review it later.
2. It is important to note that your EULA should never be optional. If it is, a user could argue that they did not agree to the terms, rendering the contract unenforceable. Be clear, precise and conspicuous when asking for consent.
3. When it comes to placing your EULA on your website, consider strategic locations such as the account login page, checkout screen, or a dedicated legal page. For your desktop or mobile apps, you can include the EULA within menus for easy access.

By placing your EULA in strategic locations, users can access, read, and accept the terms at any time, providing them with a clear understanding of how to use your product in a legitimate manner.

About Us

The solution to draft, update and maintain your Terms and Conditions. Optimized for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

Still have questions?

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The post What is an EULA and how to generate one? (+ FREE template) appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this article, we explain everything that you should know about data sharing agreements, why and in what cases they can be useful. We also look at the difference with another document, the data processing agreement. Let’s get started!

What is a Data Sharing Agreement?

As the name implies, a data sharing agreement may be defined as a legally-binding document or agreement, between two or more entities, which regulates how data is shared among these parties and for what purpose.

A data sharing agreement or DSA clearly defines the roles, responsibilities, and rights of all parties involved in the data exchange process.

The types of data shared may be of various types:

• data about identified or identifiable natural persons or “personal data“;
• data protected by intellectual property rights or another kind of property-like right;
• data considered confidential (including trade secrets and know-how), financial data, etc.

The parties to the DSA are bound to comply with obligations at two levels: mandatory rules arising from the applicable law(s); and terms and conditions of the contract itself, agreed by the parties.

When is it Useful?

Data sharing agreements are especially valuable when it comes to data transfers that involve a high amount of data, or data that is quite sensitive (e.g. confidential data).

They are typically used for data transfers between government agencies, for example, or in the big data industry.

In fact, big data requires a multitude and complexity of factors, data sources, flows, algorithms… For carrying safe and compliant analytics activities, it’s a good starting point to have the right agreements in place.

What are the Components of a Data Sharing Agreement?

A well-structured data sharing agreement should, at least, contain the following elements:

1. Definition of parties: clearly identify all parties involved in the data sharing process. This includes the data owner (the entity providing the data), the data recipient (the entity receiving the data), and any third parties involved.
2. Purpose of data sharing and legal basis: articulate why the data is being shared, e.g. for data analysis, for the implementation of a new program or service…
3. Categories of data to be shared: specify the types and categories of data being shared (e.g. name, address, phone number). You can also mention subject’s rights as per the GDPR.
4. Function of the parties: define the function of the party disclosing and the party receiving data, in relation to their purpose.
5. Processing details: description of how data will be processed (e.g. information is sent via a secure file transfer, then stored). Mention duration and frequency.
6. Security measures: detail the security measures in place to protect the data during transmission and storage. These include password protection, the use of unique identifiers, procedures for handling data breaches, data encryption, staff training, and data backup, including backups for VMware in virtualized environments.
7. Retention and deletion: specify for how long the data will be kept before it is deleted.
8. Withdrawal and termination: define the various procedures and specify how the agreement can be ended and what happens to the data after termination.

Looking to use a template? A template data sharing agreement can help you get started, but always remember to tailor the agreement to your specific situation and seek professional legal advice to ensure all bases are covered.

Data Sharing Agreement vs. Data Processing Agreement

Unlike data sharing agreements, data processing agreements are required under the GDPR (Article 28).

When you, as a data controller, need an external supplier to help process personal data, this “supplier”, referred to as a processor by the GDPR, will handle your client data on your behalf, not for their own interest.

According to Article 28 of the GDPR, a written “Data Processing Agreement” must be established between the data controllers and data processors.

This agreement outlines each party’s responsibilities, like:

• following instructions from controllers;
• implementing sufficient data protection measures; and
• cooperating with controllers in response to user queries or actions by regulatory bodies.

Controllers and processors are jointly liable to third parties. This means, if an individual believes their data has been illegally processed, they can demand compensation from either the controller or processor. The party that compensated can later seek reimbursement from the other party.

Working with a data processor?

---

You probably need to have a data processing agreement in place.

Read our guide and use our template

See also

• GDPR Data Storage: What Businesses Need to Know
• Data Discovery and Privacy Laws: What you Need to Know
• GDPR data mapping explained and why it is important
• Data Retention Policy: Best Practices And Why You Need One

The post Data Sharing Agreement: What You Should Know as a Business appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

 

FREE PRIVACY POLICY GENERATOR SHOPIFY

Your fully customizable Shopify Privacy Policy Generator

Free Shopify privacy policy generator for your website that is customizable, professional, and drafted by an international legal team. A simple way to handle compliance.

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Generate your Free Privacy Policy 

Start generating your Policy in just one click. Choose to generate for your website or app.

Customize your Privacy Policy

Customize your policy by manually selecting your clauses or use our site scanner for a recommended list.

Add your Privacy Policy to your site/app

Simply copy and paste your embed code to seamlessly integrate your policy with your site. Your policy is kept synchronized with our system for you to receive automatic-updates.

Need help making your site compliant with international privacy laws?

More than just Privacy Policies, iubenda’s 360° solutions help meet the requirements of international online privacy laws (US, Europe, Australia and Brazil).

Features and benefits

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I became a customer and I recommend it to my clients because the reliability of the service is high. For over two years I have relied on iubenda so I no longer have to worry about these legal aspects of a website.”

Filippo C., Consultant

• Privacy Policy
• Terms and Conditions
• Imprint/Impressum
• Consent Database Privacy Notice
• Privacy Controls and Cookie Solution Privacy Notice

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iubenda s.r.l
Via San Raffaele, 1 – 20121 Milan (Italia)
EU VAT No: IT07347120961
UK VAT No: GB370904694
Milan Chamber of Commerce
SC: 12,603.50 Eur (fully paid up)

Content available on iubenda.com and documents generated using the Service are intended for general information purposes only. Although all clauses and provisions inside the generator database have been drafted by a team of highly qualified legal experts and regularly undergo reviews and updates, documents are generated in a fully automated manner and therefore do not constitute or substitute the rendering of legal advice, nor does any assistance and customer support provided by iubenda establish an attorney-client relationship. This is why, despite all efforts in offering the best possible service, iubenda cannot guarantee generated documents to be fully compliant with applicable law. Users should therefore not rely upon documents generated using iubenda without seeking legal advice from an attorney licensed in the relevant jurisdiction(s).

The post Shopify Privacy Policy Generator appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this article, we’ll cover everything you need to know about RMA, including the RMA meaning, how it works, and best practices for implementing it in your business. We’ll provide the key points that you need to create a successful return process. Keep reading!

What is the RMA Process?

The RMA process starts with a customer requesting a Return Merchandise Authorization, and then involves several steps, including:

• The business approves the RMA and assigns a unique RMA number.
• The customer will receive this number for future reference.
• The customer will send the items back to the business, and the business will need to check them.
• For product inspection, the business will need to check that everything the customer is returning is on the RMA.
• Depending on the vendor-specific processing steps, the RMA case may escalate to multiple stages.
• Once the business has processed the RMA, it will close the case and assign a resolution.
• The customer will need to be updated on the status of their RMA case and what the resolution was.
• Finally, the customer will receive a refund, a replacement, or a repaired product based on the resolution assigned by the business.

Who pays for RMA shipping?

Usually, the shipping costs for an RMA are borne by the consumer, but this is something you must inform them of beforehand in your return policy.

However, if the return is the cause of a damaged or faulty item, the seller usually covers the RMA shipping costs.

What Elements Does a Good RMA Process Include?

It’s totally normal for customers to request returns when they shop online, so it’s important to have a return process that’s easy to use and keeps them happy.

When creating your returns system, it’s essential to keep things simple. Make sure to provide clear instructions on how to initiate a return and what steps the customer should take.

To make things easier for both you and your customers, there are some key elements you should consider including in your RMA system:

A well-written returns and refunds policy

This document is crucial for any business that accepts returns. This policy should be clear and concise, and outline the conditions for returns, time limits for returns, and any other relevant information. A well-drafted policy that has been written by legal experts can help avoid disputes and ensure that returns are processed smoothly.

Correct segmentation of refundable and non-refundable items

This is an essential point of any RMA process. In this way, companies can avoid unnecessary returns and ensure that they only accept returns of products that can be refunded or exchanged.

A virtual wallet function

Another convenient feature, it allows customers to store refunded or exchanged funds in a virtual wallet, which they can use for future purchases. Not only does this benefit the customer by providing a convenient payment method, but it also benefits the business by encouraging customers to use their money back in your business.

Return labels

These are key as they make the return process more convenient for the customer. By including a printed or downloadable RMA return label with all the necessary information about the product and the return, businesses can simplify the return process and reduce the hassle for the customer.

A fast and efficient process

This is an essential aspect of customer satisfaction. This can lead to positive feedback, repetition of purchase and a better reputation for your business.

Do You Really Need a Return Merchandise Authorization System?

If you’re running an online business that sells products, you might want to consider using a return merchandise authorization system. It may help to manage the returns process efficiently, ensuring that returns are processed in a timely and accurate manner.

Implementing an efficient RMA system is crucial to maintain a good reputation for your business and keep customers coming back.

Remember, while it’s impossible to completely avoid refund requests, there are some things you can do to minimize them in addition to having a structured RMA system.

Where Should You Display Your RMA Information?

It’s important to display your RMA information in a visible and accessible location on your website. This information should include your return and refund policy, the RMA process, and any other relevant details.

How can I build my Terms and Conditions document that includes a return policy?

Terms and Conditions are strongly recommended because they contain all the information about the conditions of sale and disclosures on methods of payment, shipping and return, delivery, withdrawals, cancellation conditions, warranties, etc.

Our Terms and Conditions Generator helps you to create a Terms and Conditions document in just a few minutes.

Select disclosures specific to your business among 100+ pre-drafted clauses, including refunds and more;
Follow the instructions to easily install the document on your website!

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

The post RMA Meaning: Understanding Return Merchandise Authorization appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this article, we will explain what is, and how it can help you protect your financial health, mitigate risks, and insulate your business from liability and damages. We’ll also provide practical advice for drafting an effective clause that can protect your interests.

So, let’s get started and learn everything you need to know about limitation of liability clauses!

Key Elements of the Limitation of Liability Clause

As we have seen, protecting your business and activity from legal risks by including this clause is crucial to their success. Here are some key elements to include in this clause:

• Types of Damages: clearly state what kind of damages are included and excluded from the limitation of liability clause (add specific wording for liability limitation, going deep with examples and statements). This will help avoid confusion or misinterpretation in the event of a dispute.
• Liability Cap (non-consumer transactions only): set a maximum amount that your business will be responsible for in the event of liability. This cap should be reasonable and reflect the level of risk associated with your business operations.
• Scope of Liability: define the scope of the liability that your business will be responsible for. This could include, among others, damages caused by your own negligence but may exclude damages caused by factors outside your control (e.g. force majeure).
• Indemnification: include an indemnification provision that requires the other party to indemnify your business for any damages that arise, for example, from their actions or omissions.
• Governing Law: although this provision may be part of the Terms and Conditions document in general, remember to specify the governing law that will be used to interpret and enforce the limitation of liability clause, this can help to avoid conflicts and confusion if a lawsuit arises.

How to Draft a Limitation of Liability Clause

If you are not very familiar with legal aspects and the different applicable regulations, it can be overwhelming to try to draft a limitation of liability clause on your own, but, it’s important to ensure that it is well-crafted and clearly communicates the extent of the limitation.

Drafting this clause can be quite complicated! Fortunately, there are online generators available that can help you create a well-crafted and legally sound clause.

See it in action

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

The post What is a Limitation of Liability Clause? Here’s Everything You Need to Know appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

This guide will walk you through the essential steps to create your privacy policy. Whether you’re running a website, an app, or an e-commerce platform, we’ll cover everything you need to know about drafting a policy that is clear and trustworthy.

Why Does My Website or App Require a Privacy Policy?

Every website or app that collects personal information, from email addresses to browsing behavior, must have a clear and accessible privacy policy. This is not only a legal requirement under laws like the GDPR in the European Union and the CCPA in California but also a crucial step in demonstrating your commitment to privacy.

As concerns about data privacy are increasing, a privacy policy is essential to demonstrate to your users that you respect their privacy rights and that you have the proper steps in place to protect their personal information.

In addition, many countries and regions around the world enforce laws that require website owners to have a privacy policy, including the European Union’s General Data Protection Regulation (GDPR) and the California Privacy Rights Act (CPRA).

What Does a Privacy Policy Need to Include?

An effective privacy policy covers:

• Types of personal information collected
• How is that data being collected
• Purposes of data collection
• Sharing of personal information
• Cookies and tracking technologies
• User rights
• Data security measures
• Contact information
• Details relating to cross-border/overseas data transfer, if applicable
• The process for notifying users of changes or updates to the privacy policy
• Effective date of the privacy policy

How To Write a Privacy Policy Step by Step

If you’re ready, let’s start bringing everything together!

1. Understand the Data You Collect

Once you’ve assessed the laws that apply to you, it’s essential to understand the types of data your website or app collects. This is a critical step, as your privacy policy should clearly outline what information you gather from users, how it’s collected, and for what purpose.

The types of data you collect can vary depending on your business model and the functionality of your website or app. For example, you may collect:

• personal information, such as names, email addresses, phone numbers;
• demographic information, like age, gender, and geographic location;
• usage data, to understand how users interact with your site or app (pages visited, time spent on the site, or the links clicked)
• device information, data regarding the device users are accessing your site or app with, including IP addresses, browser types, and operating systems;
• and more.

By understanding the full scope of the data you collect, you can ensure that your privacy policy accurately reflects your practices. This will also be the first section of your policy, after the details about the site or app owner.

2. How the Data Is Collected

The next step is to explain how you gather the data. There are several ways that you can use to collect data:

• Direct Input: This is when users actively provide their information, such as filling out a contact form, signing up for an account, or making a purchase.
• Automated Collection: Many websites and apps collect data automatically through tools like cookies and tracking pixels.
• Third-Party Services: You could also rely on third-party services for data collection. For example, analytics tools like Google Analytics collect data on how users interact with your website. Third-party services can also include advertising platforms, social media integrations, and payment processors, all of which may collect data on your behalf.

3. Why the Data Is Collected (Purpose)

Now it’s time to explain why you collect this information in the first place.

Data collection should always be tied to specific purposes, and you should only keep the data until these purposes are fulfilled. The purposes may vary depending on your business model, but here are some common reasons businesses collect data:

• Service provision: The primary reason for collecting data is often to provide the core services of your website or app. For example, if a user creates an account or makes a purchase, you need their data to process the transaction, fulfill orders, or deliver personalized services.
• Personalization: You can collect data to enhance the user experience, too. By understanding user preferences, behaviors, and previous interactions, you can tailor content, recommendations, and features to individual users.
• Marketing: Many businesses use data to market their products or services more effectively. This may include sending newsletters, promotional emails, or targeted advertisements.
• Analytics: Collecting data for analytics purposes is another common practice. By tracking user behavior on your website or app, you can gather valuable insights into how users interact with your content. This data helps you improve site performance, optimize content, and refine your overall user experience.

4. How the Data Is Shared (Third Parties)

In addition to explaining what data you collect and why, it’s equally important to clarify how that data is shared. If you share user data with third parties, your privacy policy must disclose who those third parties are, why the data is shared, and how they handle the information.

Many businesses rely on third-party service providers to help run their operations. For example, a payment processor requires users’ payment details to complete transactions. However, third parties may also collect personal data through widgets (e.g., social buttons) and integrations (e.g., Facebook Connect). Make sure to specify that.

5. User Rights

A fundamental aspect of any privacy policy is outlining the rights users have regarding their personal data. Privacy laws such as the GDPR and CCPA grant users specific rights over the information you collect about them. It’s important to make users aware of these rights and explain how they can exercise them.

Here are the key rights that users typically have under data protection laws:

• Access: Users have the right to request access to the personal data you hold about them.
• Correction: Users have the right to correct any inaccuracies in their personal data.
• Deletion (Right to be Forgotten): Under laws like the GDPR, users can request the deletion of their personal data, provided there is no legal reason for retaining it.
• Restriction of Processing: Users can also request that you restrict the processing of their personal data.
• Portability: Users have the right to receive their personal data in a structured, commonly used, and machine-readable format. They can also request that their data be transferred to another data controller, provided it is technically feasible.
• Objection: Users can object to the processing of their data for specific purposes, such as direct marketing.

6. Cookies and Tracking Technologies

As part of your data collection process, it’s essential to disclose how you use cookies and other tracking technologies on your website or app. Cookies are small text files that are stored on a user’s device when they visit your site, and they serve various purposes. Transparency in how cookies are used ensures that users are informed and in control of their data.

Here you can either choose to add a section of your privacy policy related to cookies or to create a standalone document, the cookie policy.

7. Security Measures

One of the key concerns for users is the security of their personal data. To address this, your privacy policy should explain the security measures you have in place to protect user data from unauthorized access, breaches, or misuse. This might include physical, technical, and administrative safeguards such as encryption, secure servers, access controls, and regular security audits.

8. Cross-Border Data Transfers

If your website or app transfers user data across borders, you must inform users of this practice. Data protection laws vary by jurisdiction, and users may be concerned about how their information is handled outside of their country.

Be clear about the regions where their data may be processed or stored, and outline the safeguards you have in place to ensure compliance with data protection laws. For example, under the GDPR, businesses transferring data outside the EU must ensure that appropriate measures are taken, such as using Standard Contractual Clauses.

9. Children’s Privacy

If your website or app targets children or collects data from children, you must include specific protections in your privacy policy. Many jurisdictions, including the US under the Children’s Online Privacy Protection Act (COPPA), require additional safeguards for data collected from minors.

Your policy should explain how you obtain parental consent (if necessary), what data is collected, and how that data is used.

If your site is not directed at children, it’s important to state that as well, along with a disclaimer that you do not knowingly collect data from individuals under a certain age.

The final section of your privacy policy should be its effective date.

Test and Publish Your Privacy Policy

Once you’ve finalized your privacy notice, it’s time to publish it. A good practice is to add it to the footer of your website, to make it accessible from every page.

Moreover, you should also add a link to your privacy policy when you are collecting users’ data: sign-up forms, checkout pages, or any other place where personal information is collected. It’s a good idea to include a checkbox indicating that users have read and agree to the privacy policy.

Regular Updates

A privacy policy is not a document you can simply create once and forget about. It’s crucial to update your privacy policy regularly to ensure it remains accurate and compliant with evolving laws, business practices, and user expectations. As your website or app grows, your data collection practices may change, and new legal requirements may be introduced. Keeping your privacy policy up to date ensures that your users are always informed about how their data is being handled.

Don’t forget that any changes to your privacy policy should be communicated to your users.

Frequently Asked Questions

How to Write a Privacy Policy Checklist

Now let’s recap all the essential steps of writing a privacy policy:

Does it look too difficult?

Creating a privacy policy can seem like a daunting task, especially when you need to ensure that it complies with various legal requirements and accurately reflects your data practices. While drafting your privacy policy manually is always an option, many businesses opt to use a privacy policy generator to simplify the process.

We can help you with that!

Our Privacy and Cookie Policy Generator was designed to make privacy policies intuitive and easy to create. We know that creating legal documents for your website may seem extremely complicated – that’s why we’ve streamlined the process to make it as easy as possible.

Here’s how our Generator works:

Scan your website: Our Site Scanner will identify all the services that are active on your site and suggest the best configuration for your document.

Create your policy: You can either stick with the configuration suggested by the scan, or customize your privacy policy to your needs. Choose from a library of +2,400 pre-drafted clauses.

Copy and paste to add it to your website: Once the configuration is complete, all you need to do is copy the code we provide and paste it on your website. Your privacy policy is ready!

About us

The solution to generate your Privacy Policy. Customizable from 1700+ clauses, available in 9 languages and self-updating

www.iubenda.com

The post How To Write a Privacy Policy: A Step-by-Step Guide appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Privacy policies are important as they give legally required disclosures about how you handle the personal data your readers manually and automatically share with you every time they visit your site (keep in mind that even IP addresses can be considered personal data).

In this article, we will go over the basics of creating a privacy policy for your blog or website, including what to include, how to write it, and how to maintain it.

• Determine the privacy laws that apply to you, and identify the data you are collecting

Creating a privacy policy and identifying the data it should include may seem daunting, but it doesn’t have to be. There are several steps that you can follow to create a privacy policy for your blog. These include researching privacy laws in your country or region, identifying the types of personal data that you collect from your readers, and writing a clear and concise policy that outlines how that data is used, stored, and protected.

• Write a clear and concise policy for your users.

When writing your privacy policy, it is important to use clear and concise language that is easy for your readers to understand. Make sure your policy is easy to read and clearly visible on your website.

Once you’ve identified what data your site is processing and who you’re sharing it with, you’ll need to prepare a document that discloses:

• What data you’re processing
• The purposes of the collection
• How long you keep user data
• A list of third-party apps, integrations and processors that can also access the users’ information through your site/ activities (think social buttons, logins, newsletter management, payment processors like stripe, web fonts etc.)

Lastly, you’ll need to include valid contact information.

Privacy Policy Blog Example

Tips for Maintaining a Privacy Policy

• Regular review of privacy policy

Your privacy policy should be reviewed regularly to ensure that it is up-to-date and accurate. If you make any changes or updates to how you collect or use users’ personal data, or add a third party service, for example Google Analytics, or a mailing list or newsletter, your privacy policy should be updated to reflect those changes.

• Alerting users about any updates to your privacy policy

If you make any changes to your privacy policy, you should inform your readers of those changes. This can be done via email for readers that are subscribed to you, or by adding a notice to your blog to alert visitors.

For example, you could create a pop-up that states something like “We’ve updated our privacy policy. You can read it here”.

Ready to launch your blog?

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Then this may be useful!

Check Don’t Hit ‘Publish’ Without This Blog Checklist

Tips to consider when using a privacy policy generator

A high-quality privacy policy generator is probably one of the most convenient ways to generate a privacy policy for your blog. But besides being convenient, it’s important to be safe as having inaccurate privacy documents can leave you open to lawsuits and fines.

Here’s what to look out for.

Be sure to choose a high-quality privacy policy generator that, at a minimum:

• contains clauses written by experienced legal professionals,
• allows you to customize your document based on your particular needs entirely,
• gives you helpful info and tips about each clause before adding it, and
• lets you go back in and edit or modify your documents when you add or make adjustments to your blog.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

The post Privacy Policy for Blogger: How to Create a Privacy Policy for Your Blog appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Personal data for children

First and foremost, it’s essential to understand what personal data for children entails. For children, personal information includes their:

*Keep in mind that IP addresses are considered personal data under some privacy laws including the GDPR.

App developers need to ensure that this personal information is adequately protected and not disclosed to third parties without the express consent of the child’s parents or legal guardians.

Are children under the age of 13 allowed to use apps that collect data? 

In the United States, apps that collect data from users, including children under the age of 13, are required to comply with the Children’s Online Privacy Protection Act (COPPA). Under COPPA, operators of websites and online services, including mobile apps, must obtain verifiable parental consent before collecting personal information from children under the age of 13.

In the European Union, when it comes to apps that collect personal data, including those used by children under the age of 13, the GDPR requires that the operator of the app obtain parental consent before collecting and processing any personal data of the child. The age of consent varies between EU member states and can range from 13 to 16 years old.

Privacy Requirements for Kids

US: Children’s privacy protection

The Children’s Online Privacy Protection Act (COPPA) of 1998 outlines app privacy requirements for kids. Under COPPA, app developers must obtain parental consent before collecting or using a child’s personal information. This includes information collected through the app, such as:

• the child’s name;
• email address;
• location; and
• information collected through device permissions, such as access to the camera, microphone, or contacts list.

Developers must also provide clear and concise privacy policies outlining the types of personal information collected, how it’s used, and who it’s shared with. The privacy policy must also provide instructions for parents to review and delete their child’s personal information upon request.

 Set up a privacy policy with our Privacy and Cookie Policy Generator →

App developers must also take appropriate security measures to protect the personal information collected from children. This includes using encryption to safeguard data and restricting access to personal information to authorized personnel only.

Europe: Children’s privacy protection

The General Data Protection Regulation – GDPR (and UK GDPR) of 2018 outlines app privacy requirements for kids in the Europe. 

Developers must also provide clear and concise terms and conditions and privacy policies, which explain what personal information is collected, how it’s used, and who it’s shared with. The privacy policy must also provide instructions for parents to review and delete their child’s personal information upon request.

 Set up a privacy policy with our Privacy and Cookie Policy Generator →

To comply with these regulations, app developers must ensure that their apps are designed with children’s privacy and safety in mind. This includes using age-appropriate language, icons, and images to clearly explain the app’s purpose and how personal information is collected and used. Developers must also provide mechanisms for parents to control their child’s app usage, such as limiting access to certain features or setting time limits.

App privacy requirements for kids are essential for protecting children’s personal information and ensuring their safety online. App developers must comply with these regulations to provide parents with peace of mind when their children are using mobile applications. By designing apps with children’s privacy in mind, developers can provide a safe and enjoyable experience for children, while maintaining the trust of parents and legal guardians.

Brazil: Children’s privacy protection

In Brazil, the protection of children’s data privacy is regulated by the Brazilian General Data Protection Law (LGPD) and the Brazilian Children and Adolescents’ Statute (ECA). The LGPD applies to the processing of personal data, including data of children, while the ECA focuses on the protection of children’s rights in general.

Under the LGPD, app developers and operators must obtain consent from parents or legal guardians before collecting, processing, or sharing the personal data of children under the age of 16. The consent must be:

In addition, the LGPD requires app developers and operators to implement appropriate security measures to protect the personal data of children, including encryption and access controls. App developers must also appoint a data protection officer to oversee compliance with the LGPD.

The ECA complements the LGPD by providing additional protection to children’s privacy rights. It prohibits the collection, use, and sharing of children’s personal data without consent, and also restricts the use of personal data for marketing or commercial purposes directed at children. The ECA also includes provisions that protect children’s privacy in the context of the media, including television, radio, and the internet.

The post App Privacy Requirements for Kids appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Browsewrap vs. clickwrap

Browsewrap and clickwrap agreements are both methods for someone to agree to Terms on a website or app, but they have one major difference.

Browsewrap agreement is passive. The user is considered to agree to the Terms by just using or browsing the website. Typically, it looks like the following informative message (displayed, or not, to users): “By continuing to use this Site, you agree to the Site’s Terms of Use”.

Clickwrap agreement, on the other hand, is a contract you enter by clicking on something. It is active, which means agreements are still provided in the footer or menu, but links to those documents are also presented to the user at the moment he/she is prompted to agree – usually by checking a box – to the Terms and Conditions.

Typically, this type of agreement looks like a checkbox with a label such as “I confirm I have read and agree to the present Terms and Conditions”.

Clickwrap is clearly the preferred method because it requires an explicit action and consent from users.

Why is clickwrap important?

To protect your website, limit your liability, comply with data privacy laws, you most likely have some important legal documents in place such as Terms and Conditions, Privacy and Cookie Policies.

If these documents are not present, or they are hidden somewhere on your site, users aren’t aware of them or provided with a way to agree to your Terms and therefore there is no binding agreement in place.

When users don’t explicitly agree, this generally means that rules, clauses, disclaimers, limitations of liability outlined in the document will not be enforced in case something happens.

Furthermore, failing to inform users of your Terms can result in your content being illegally used, or your information scraped, at your expense.

You don’t have a Terms and Conditions document? Here are 5 reasons why you need them.

Where should I put them on my site?

So, how do you make sure users agree to your Terms?

It’s in your best interest to make sure clickwrap agreements are used in the right scenarios and in the right way (see section below). They are commonly used in:

• Forms (contact, login or account registration); and
• Checkout pages.

How you should use clickwrap agreements

Here are 5 things to follow as a best practice for setting up a valid clickwrap method:

1. Clickwrap should be conspicuous

Whether it’s at the end of a form or a checkout process, clickwrap set up should be easy to see and recognize. Font sizes and colors should be noticeable, the full screen should stay simple.

2. Clickwrap should use clear language

Being clear and unambiguous means you should explain exactly what documents users are agreeing to after clicking, using simple language. It goes without saying: make sure to link to the documents, hyperlinks should be blue and underlined.

3. Clickwrap should include an explicit action from users

No pre-checked boxes! Pre-checking the box is considered a misleading and unfair method to get users to agree. Users need to actively check the box.

It is common practice to:

• make checking the box a mandatory field for continuing (meaning you can’t submit if you haven’t agreed);
• require users to virtually open the documents before continuing.

4. Request renewed agreement after an update

This usually applies to the use of a website, app or service in general. It is important to request renewed acceptance whenever your agreements are modified. Users should also be informed of it (i.e. by email).

5. Use separate checkboxes per document

This applies if you are using more than one document in your clickwrap agreement.

It’s good practice not to lump documents together, but to use separate checkboxes for each privacy document you want users to acknowledge. In that way, you will get separate active consents.

The post Clickwrap Agreements: Top 5 Things You Need to Know appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Don’t make this one common mistake

Writing a privacy policy is not easy:

1. It requires legal knowledge, of course, and technical skills for installing it on your site. Remember that the document should always be visible, accessible, and easy to understand.
2. On top of that, the amount of information required can seem quite overwhelming. See here to get an overall idea.
3. Finally, it has to be up-to-date and complete! And that’s a common mistake people make.

How do I fix this?

This is kind of a tedious job, we get it. But it’s required by law.

Here are a few options you can choose from:

• Reach out to your web developer and figure out all the technologies running and collecting data on your site;
• Use the Chrome function to detect the cookies your website installs;
• Sign up with iubenda and automatically scan your website to receive a list of the elements you need to declare in your privacy policy. Install your document in minutes using our Privacy and Cookie Policy Generator!

The post Don’t make this 1 mistake in your privacy policy appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

But are you sure you’ve created your document the right way? There’s one expensive mistake that people often make when it comes to terms and conditions.

Did you use a template?

Copying and pasting from a template can seem like a really good idea: it’s easy, cheap, and doesn’t require much effort.

Yet, it’s often not in your best interests.

Why is this a mistake?

To put it simply, terms and conditions are a legally binding contract between you and your users. They help set your rules and are meant to protect you and your business from legal liabilities.

Even though they appear to be simple, terms and conditions are meant to meet incredibly complex and highly specific scenarios. Shoddy terms and conditions can leave you open to liabilities and lawsuits while giving you a false sense of protection.

I did use a template. How do I fix my terms and conditions?

In general, if you can afford to, it’s always best to have a lawyer check your document. They can help you identify your processes and needs, and fix your terms.

The next best option is to use a lawyer-crafted generator like iubenda, which offers a guided setup and lets you fully customize your document – adapting to multiple scenarios.

Try it risk-free using the link below.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

The post Dont make this one mistake when setting up your terms and conditions appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Do I need a privacy policy for my online store?

A privacy policy is a legal requirement almost everywhere in the world, and it applies to many different types of websites: simple websites, blogs, apps and online stores.

Here’s why you may need it

First, you’re likely collecting and processing your clients’ data.

Whenever processing personal user data in any way (e.g. via social connect buttons, payment portals, analytics services, shopping cart plugins etc.), you need to disclose all relevant details in a privacy policy.

Failure to do so might result in heavy fines and the legal invalidation of data you’ve acquired (for example, an email contact list). Not to mention the damage to your website’s reputation.

Furthermore, suppose you’re relying on third parties, such as Amazon, Shopify or PrestaShop. In that case, they may also demand that you have a privacy notice that is compliant with the law. So, not having a privacy policy for your online store could be a violation of their terms, too. 

More on compliance for eCommerce websites

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This article is a part of our series on compliance for eCommerce websites. Read also:

A Sample Terms and Conditions Document for Your Online Store

What should a privacy notice for eCommerce include? 

The specific text of a privacy policy is determined by the applicable legislation, and it may be necessary to satisfy needs that span geographical borders and legal jurisdictions.

When deciding which services to include in your policy, keep in mind that it should be tailored to your specific needs and should include, at the very least:

• What kind of personal data does my website collect and why? (Keep in mind that IP addresses are personal data, too).
• Do I share the information with anybody else? This information can range from social media widgets to payment processors (unsure which services you use? Try our site scanner, and it’s free!)
• What data-related rights do your customers have?

How iubenda can help

With our Privacy Policy Generator, you can create privacy policies that adhere to various countries’ best practices. Our privacy rules cover all of the features that are required across various locations and services, while applying the toughest standards by default – allowing you the flexibility to fully modify as needed.

About us

The solution to generate your Privacy Policy. Customizable from 1700+ clauses, available in 9 languages and self-updating

www.iubenda.com

See also

• Terms and Conditions for eCommerce (and how they protect your online store)
• How to write an eCommerce return and refund policy
• Amazon affiliate disclosure example

The post Privacy Policy for Online Store appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Let’s go into a little more detail… 

What’s the difference between privacy policy and terms and conditions?

Understanding the distinction between a Privacy Policy and Terms and Conditions is crucial for any business owner. These documents serve as a foundation for protecting rights—the Privacy Policy safeguards your users’ personal data, while Terms and Conditions (often referred to as Terms of Service or Terms of Use) establish the rules for your website or app’s use.

Privacy policies detail your practices regarding user data: how it’s collected, used, and protected, plus users’ rights over their data. Conversely, Terms and Conditions set forth the legal agreements between your service and its users, including usage guidelines, sale modalities, rights, and liabilities.

Let’s take a deeper look into the differences.

• A privacy policy informs your users on how you intend to use their personal data, the safeguards you’ve put in place to protect it, and how they may exercise their rights regarding their personal data.

• Terms and conditions specify what you and your users are expected to do. The agreement may be used to control your users’ activities and expectations, as well as to protect your business from legal concerns.
  
  In particular, T&C indicates the activity carried out and the description of the service offered, as well as clauses determining the modality of sale, rights, and liabilities.

More on compliance for websites and apps

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This article is a part of our series on compliance for websites and apps. Read also:

Privacy Policy template for Google Analytics

Do I need a privacy policy and terms and conditions? 

A privacy policy is a legal requirement almost everywhere in the world. If you’re collecting and processing data of any kind, then you’ll likely need a privacy policy.

As for terms and conditions, they’re not always mandatory, but still recommended in many cases. Terms and conditions are the documents governing the contractual relationship between the provider of a service (that’s you, the business owner) and its user (anyone visiting or engaging with your online business). So, it is in the website or business owner’s best interest to create detailed terms and conditions.

How iubenda can help? 

Privacy policies and terms and conditions are two of iubenda’s specialties. With our high-quality Privacy Policy Generator and Terms and Conditions Generator you can:

• have access to hundreds of possible personalization, to meet your business’s needs; 
• legislation monitoring;
• plug-and-go integration for popular store platforms such as Shopify, WooCommerce, Wix, Squarespace, and Webflow;
• pre-defined scenarios: buildable text modules for marketplace and affiliate programs, copyright, eCommerce, mobile, and more.

Our generators are optimized for everything from eCommerce, blogs, and apps, to complex scenarios like marketplace and affiliate scenarios. Read more about it here or start generating below.

FAQs

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

See also

• Privacy Policy Template
• How to Write Terms and Conditions

The post Privacy policy vs Terms and Conditions appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Why do I need to update my privacy policy?

Like most things nowadays, privacy policies also need updating!

Companies must update their privacy policies to comply with data protection legislation and notify users of their rights and how their information is collected, stored, and used.

As per international privacy regulations, if you gather personal information from website visitors, you must post a privacy policy and make it available through your website. A privacy policy is a legal document that specifies what kind of personal information you collect from website visitors, how you use it, and how you protect it.

In general, a privacy policy covers: 

1. the types of data collected by the website or app; 
2. the reason for collecting the data; 
3. data storage, security, and the rights of users;
4. data transfers; 
5. affiliated websites or organizations (including third parties);
6. cookie usage.

Therefore, if any of the above information changes, you must update your privacy policy and notify your users. 

More on compliance for websites and apps

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This article is a part of our series on compliance for websites and apps. Read also:

Why you need a privacy policy

What Data Privacy Laws Require Privacy Policy Updates?

Several key data privacy laws around the world require businesses to keep their privacy policies updated. These laws ensure that businesses handle personal information transparently and securely. Here are some of the major ones:

General Data Protection Regulation (GDPR) – European Union:

• Applies to all organizations operating within the EU and those outside the EU that offer goods or services to, or monitor the behavior of, EU data subjects.
• Requires businesses to inform users about how their personal data is collected, used, and protected. Any changes in data processing activities must be reflected in the privacy policy.

California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) – United States, California:

• Applies to for-profit businesses that collect and process the personal information of California residents and meet certain criteria.
• Mandates that businesses provide a clear and updated privacy policy that explains the rights of California residents regarding their personal information and how they can exercise those rights.

Personal Information Protection and Electronic Documents Act (PIPEDA) – Canada:

• Applies to private-sector organizations across Canada that collect, use, or disclose personal information in the course of commercial activities.
• Requires organizations to obtain consent for the collection, use, and disclosure of personal information and to have a privacy policy that is clear, understandable, and easily accessible.

Brazil’s General Data Protection Law (Lei Geral de Proteção de Dados, LGPD):

• Similar to the GDPR, it applies to any business that processes the personal data of individuals in Brazil, regardless of the company’s location.
• Requires transparency in how personal data is handled and mandates the update of privacy policies to include information on data processing activities.

These laws, among others, emphasize the importance of privacy policies as living documents that need regular reviews and updates. Changes in legislation, business operations, technologies, or data practices can all necessitate updates to a privacy policy to ensure ongoing compliance and transparency with users.

How often should your privacy policy be updated?

Good practice says you should evaluate your privacy policy at least once every few months. If you make a significant change to how you collect, use, keep, or share data, you should review your privacy policy and update it to ensure that it still accurately reflects your current data processing operations. 

It’s also good to evaluate your privacy policy when:

• you’re launching a new or updated product or service;
• you start using data in a new way; or
• you start exchanging data with a new partner or vendor.

Why Do You Need to Inform Users About Privacy Policy Updates?

Informing users about updates to your privacy policy is crucial for several reasons, all of which contribute to transparency, trust, and legal compliance in handling personal data. Here’s why it’s important:

• Legal Compliance: Many data protection laws around the world, like the GDPR in the European Union and the CCPA in California, require that organizations notify users of any changes in the way personal data is handled. Failing to inform users about updates can lead to legal penalties and fines.
• Transparency: Updating users about changes in your privacy policy demonstrates that your organization is committed to data protection and transparency. This openness is key to building and maintaining trust with your users, as it shows you respect their privacy and are clear about how their data is used.
• User Trust: Trust is a critical component of the relationship between users and businesses. By informing users about updates to your privacy policy, you reassure them that you are actively protecting their personal information and are up to date with the latest data protection practices and regulations.
• Awareness of User Rights: Privacy policy updates often include changes to how users can exercise their rights in relation to their personal data, such as accessing, correcting, or deleting their information. Notifying users about these updates ensures they are aware of their rights and how to exercise them, fostering a more empowered and informed user base.
• Operational Changes and New Features: Updates to privacy policies can reflect changes in business operations, new features, or new data processing activities. By informing users about these changes, you ensure that they are aware of how their data may be collected and used in new ways, which can affect their decision to continue using your services.
• Avoiding Misunderstandings and Disputes: Clear communication about privacy policy updates can help avoid misunderstandings and disputes related to data use. It ensures that users are aware of the terms they are agreeing to, which can prevent conflicts and enhance user satisfaction.

In summary, informing users about privacy policy updates is not just a legal requirement; it’s a best practice that promotes transparency, builds trust, and ensures users are informed and comfortable with how their data is handled.

How Can You Notify Users About Privacy Policy Updates?

Notifying users about updates to your privacy policy is crucial for transparency and compliance. Here are effective ways to ensure your users are informed about any changes:

• Email Notifications: Send a privacy policy update email to your users detailing the updates to the privacy policy. The email (also knowns as the privacy policy update email) should summarize the changes and include a link to the full privacy policy. This direct approach ensures that the information reaches users personally.
• Website Pop-Ups: Implement a pop-up notification on your website that alerts visitors to the privacy policy updates. This pop-up should briefly describe the changes and provide a link to the updated policy for more detailed information.
• Banner Notifications: Place a noticeable banner at the top or bottom of your website pages, informing users of the privacy policy update. Like pop-ups, banners should include a concise summary of the changes and a link to the full document.
• In-App Notifications: For services with mobile or web applications, use in-app notifications to alert users about the privacy policy updates. These notifications can direct users to the updated policy within the app.
• Blog Post or News Section on Your Website: Publish a detailed explanation of the privacy policy updates in a blog post or news section on your site. This allows users to understand the context and reasoning behind the changes.
• Update Notices in Account Settings or User Dashboard: For platforms where users have accounts or dashboards, include a notice about the privacy policy updates within these areas. This method catches the attention of active users when they log in or manage their account settings.

When notifying users, it’s important to:

• Be Transparent: Clearly explain what has changed in the privacy policy and why these changes were made.
• Highlight Key Changes: While some users may read the entire policy, many will benefit from a summary of the most significant updates.
• Encourage Questions: Provide a way for users to ask questions or express concerns about the updates, such as a dedicated email address or contact form.
• Give Notice Ahead of Time: Whenever possible, inform users about upcoming changes before they take effect, giving them time to review the new policy.

By employing these strategies, you can ensure that your users are well-informed about any updates to your privacy policy, maintaining trust and compliance with data protection regulations.

How to update a privacy policy 

Updating your privacy policy depends on how/where you have created your privacy policy. 

Most privacy policy generators are self-updating with the current laws and allow you to easily update any clauses and add new third parties cookies. 

In the case of iubenda’s Privacy Policy Generator, editing and updating your policy has never been easier. We constantly monitor the major legal regulations and automatically update your policy to keep it valid and up-to-date. However, should you need to manually update your personal information, contact details, custom clauses, or add additional services, you can log back into your iubenda dashboard and make changes anytime.

iubenda’s Privacy Policy Generator in action

First, click on edit in your privacy policy from within your dashboard. 

Here is where you can make changes, update, and add any new clauses. Need to add a new service, for example? Click on Add new service. 

You can all add any applicable legislation standards with a simple click. 

Are your services now available in another country, and do you need to add that language to your privacy policy? Click on Add Language (iubenda has 11 languages to choose from)

Once you’ve made and saved all your changes, our system automatically updates your privacy policies on any website it is embedded in.   

FAQs

See also

• Privacy policy vs Terms and Conditions
• Privacy Policy Template

The post Why are there so many privacy policy updates? appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this post, we’ll not only explain its meaning but also take a look at what it should include and see how the elements come together with a privacy policy example.

What does privacy policy mean? 

In short, it is a declaration or legal document that specifies how a party collects, uses, discloses, and handles any customer, client, or employee information (data) obtained throughout its online activities.

It is mandatory under many privacy laws. Therefore, It should indicate any personally identifiable information obtained, such as; name, address, and credit card number, as well as order history, browsing patterns, uploads, and downloads. Likewise, the policy should also specify whether or not the user’s computer stores data, such as cookies.

Best practices dictate that the policy states the sharing or selling of data to other parties. As a result, the policy must include the reasons for processing the data as well as the user’s rights in regards to their data, granted under whichever law applies to you. 

Can I use a generator? 

The good news is yes, you absolutely can! Be sure to choose a high-quality Generator that at the very least:

• contains clauses written by actual legal professionals,
• allows you to customize your document based on your individual needs entirely,
• gives you helpful info and tips about each clause before adding it, and
• lets you go back in and edit or modify your documents when your business needs to grow or change.

How iubenda can help

With iubenda you can easily manage a professional, self-updating policy using our generator, which is configurable from 1700+ clauses, available in 11 languages, and created by an international legal team, and updated with the leading worldwide laws.

Sounds too good to be true? Click here to watch our 1-minute introduction video to see just how quick and easy generating a privacy policy can be!

The post What does privacy policy mean appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this post, we’ll not only take a look at a sample privacy policy for a blog but also explain all you need to know about them! Here’s how to write a privacy policy for a blog.

Do I need a privacy policy for my blog?

Yes, most likely. If your blog collects any form of personal data from its visitors (like names, email addresses through comments or subscriptions, IP addresses, etc.), then you need a privacy policy. This requirement is mandated by various global privacy laws, such as the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, and many others, depending on your audience’s location. A privacy policy is crucial for transparency, informing your visitors about what data you collect, how it’s used, and how it’s protected.

How do I write a blog privacy policy?

By now you probably realize that privacy policies are complex legal documents and it’s very important that they’re legally sound and customized to your actual business processes, site, and needs. For this reason, we strongly advise against trying to write clauses yourself.

With that said, here’s how a privacy policy should be written for a blog (at the very least):

1. You’ll need to identify the data controller (you/your business). If the Owner is a legal entity, it is necessary to indicate the personal details, together with the residence or registered office, as well as contact details. Click here for more information on identifying details of data controllers.
2. Include the effective date of the policy. This means the date that the policy goes live and comes into force.
3. Identify the categories of data you’ll be processing, and state the reasons why. For example, if you have a newsletter, you might be processing first names and email addresses. The reason for this might be in order to send newsletters. Keep in mind that even IP addresses can be personal data.
4. Identify any third parties you share data with. This includes all integrations you have running on your site. Things like social plugins, google analytics, gravatar or other comment management plugins, web fonts, and more. Not sure what third-party integrations are running on your site, try our free site scanner.
5. List rights granted to the user under the law. This can include things like the Right to be informed, the right to access, do not track requests, etc. These rights vary depending on which law applies to BOTH you and your users.

To see how all these elements come together, you can check out a sample privacy policy for blog:

More on compliance for bloggers and web publishers

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This article is a part of our series on compliance for bloggers and web publishers. Read also:

How To Add Copyright To Your Blog

How do I add a privacy policy to my blog?

Adding a privacy policy to your blog and ensuring it’s easily accessible to your readers involves strategic placement and integration within your site’s structure. Here are practical steps and considerations for adding and placing your privacy policy on your blog:

1. Create a Dedicated Page for Your Privacy Policy

• Separate Page: Create a dedicated page on your blog solely for your privacy policy. This page should contain the full text of your policy, clearly formatted and easy to read.
• Page Title: Name the page straightforwardly, such as “Privacy Policy,” so it’s easily recognizable.

2. Placement of the Privacy Policy Link

The goal is to make your privacy policy easily accessible from anywhere on your blog. Common practices include:

• Footer: The most common placement is in the footer of your website. Since the footer appears on every page, it ensures that the privacy policy is accessible no matter where your visitors are on your blog.
• Header: If your blog’s design allows, you can also place a link in the header, especially in a dropdown menu under “About” or “Legal” sections.
• Sidebar: For blogs with a sidebar, adding a link or a widget dedicated to legal notices, including the privacy policy, can increase visibility.
• Pop-up or Banner: Upon their first visit, you might want to notify users about your privacy practices through a pop-up or banner that links to your privacy policy. This approach is particularly useful for compliance with certain privacy laws like GDPR, which require clear consent for data collection.

3. Integration with Blog Functionality

Certain blog functionalities might require more direct references to your privacy policy:

• Comments Section: If your blog allows comments, consider adding a note or checkbox near the submission area where users consent to your privacy policy before posting a comment.
• Contact Forms: Similarly, include a checkbox or link to your privacy policy near submission buttons on contact forms, membership sign-ups, or newsletter subscriptions.
• E-commerce Features: For blogs with e-commerce elements, integrate consent for your privacy policy at checkout or during account creation.

4. Making Your Privacy Policy Link Stand Out

• Visibility: Ensure the link to your privacy policy is visible and not hidden among many other links. Using a larger font, bold text, or a different color can help it stand out.
• Accessibility: Make sure that the privacy policy is accessible to all users, including those with disabilities. This means adhering to web accessibility guidelines, such as using clear link descriptions and ensuring keyboard navigability.

5. Regular Review and Updates

• Notify Changes: Whenever you update your privacy policy, consider how you’ll inform your readers. This could be through a blog post, email notification, or a temporary banner on your site.

Final Tips

• Consistency: Keep the styling and placement consistent across all pages to avoid confusion.
• Legal Compliance: Ensure your privacy policy and its placement comply with all applicable laws and regulations, as these can vary by region and the specific data you collect.

Can I use a privacy policy generator?

The good news is yes, you absolutely can! 
But it would be best if you were careful. Choose a high-quality blog privacy policy generatorprivacy policy Generator that at the very least:

• contains clauses written by actual legal professionals,
• allows you to customize your document based on your individual needs entirely,
• gives you helpful info and tips about each clause before adding it, and
• lets you go back in and edit or modify your documents when your business needs to grow or change.

How iubenda can help

You can simply maintain a professional, self-updating Privacy and Cookie Policy, customizable from 1700+ clauses, available in 11 languages, created by an international legal team, and updated with the leading worldwide laws, thanks to our privacy policy generator.

See also

• How to Make Your Site Compliant (for Bloggers and Web Publishers)
• How to Comply with the GDPR on a WordPress Site

The post How to write a privacy policy for a blog appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this post we’ll look at a sample Terms and Conditions for ecommerce and explain all you need to know about terms for online stores!

Why does an ecommerce need Terms and Conditions?

Terms and Conditions are a legally binding document between the provider of a product or service and their users.
They define the conditions under which users can interact with your product or service, how it should be used, the rules concerning the cancellation of a user’s account and more.

Simply put, terms can help you set your rules and avoid legal liabilities.

Though they’re not always legally required for other types of businesses, they are often mandatory for online stores.
That’s because they contain legally mandated information about the conditions of sale and disclosures on methods of payment, shipping, delivery, withdrawals, cancellation conditions, etc. – as commonly required by consumer protection regulations.

Even if you run a small shop on marketplace platforms, you have to define your conditions. It’s for your own good.

An example?
Users generally have 14 days to send back what they’ve bought, it’s called “right of withdrawal”. If you don’t correctly inform users of their rights, the withdrawal period is legally extended to 1 year and 14 days!

What should Terms of Service for online stores include?

Terms of Service are legal documents that apply to the most different scenarios, so each situation could require specific clauses and disclaimers.

Anyway, there are some basic elements that you can find in almost every Terms and Conditions document:

• the identification of the business owner and of the product or service;
• the description of the service that your site provides and how it should be used; and
• disclaimer and limitation of liability information.

If you have an online store, you’re not only subject to the privacy laws that apply to you, but also to commercial laws and industry rules. More specifically, a Terms and Conditions document for an ecommerce must inform customers of:

• seller contact details (e.g. email address).
• the rights they have as customers (such as withdrawal rights);
• conditions of use/purchase;
• warranty (where applicable);
• safety information, including instructions for proper use;
• information related to methods of payment;
• terms of delivery;
• returns and refunds;

To learn more about the specific legal requirements for online stores, click here.

Sample of Terms and Conditions for Ecommerce

Here’s an example of Terms and Conditions for an online store. Just click the button to open it:

Can I use a Terms and Conditions generator?

Yes, of course!

But you need to be careful. Choose a high-quality Terms and Conditions Generator that at the very least:

• contains clauses written by actual legal professionals,
• allows you to fully customize your document based on your individual needs,
• gives you useful info and tips about each clause before adding it, and
• lets you go back in and edit or modify your documents when your business needs grow or change.

How iubenda can help

Our powerful Terms and Conditions Generator lets you easily generate and manage Terms and Conditions for your online store. It comes with plug clauses for all major e-commerce platforms and is fully optimized for both desktop and mobile.

The documents are fully customizable, available in 11 languages and drafted by an international legal team.

With iubenda, your Terms and Conditions are always up to date with the latest legal requirements and you can freely edit and update your documents whenever you need to.

Try it risk-free for 14 days!

The post Terms and Conditions for Ecommerce appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

But do you know what Terms of Service actually are? And how Terms of Service actually help your website or app?

If you would like to know the answer to these questions and more, then keep on reading.

But how? you may ask.

Let’s jump to the next paragraph!

More on compliance for websites and apps

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This article is a part of our series on compliance for websites and apps. Read also:

How to Write Terms and Conditions

Why are terms and conditions so important?

Terms of Service are important because they allow you to set your rules (within applicable law, of course), to define how your content, products or services can be used and shared, and they can protect you from legal liabilities.

Terms aren’t always mandatory (note: they’re often mandatory for e-commerce websites) but, without them, it’s difficult for you as a business to mount an adequate defense if sued or legally challenged over the use of your product or service.

Let’s say you’re a personal trainer giving advice about home workouts, health and nutrition.
In the unfortunate event that one of your readers got injured while following your tutorial, a valid Terms of Service document with proper disclaimers may help you limit your responsibility.

What should a basic ToS document include?

Ok, you agree. You do need Terms and Conditions.

The next question is: what should they include?

While the specific content of a Terms of Service document will vary based on your individual needs, this is what a basic Terms of Service document should include:

• account creation, termination conditions, accepted behavior: these clauses are useful if you’re running a website that requires users to subscribe and create an account;
• disclaimers and limitation of liability clauses: disclaimers are useful because they limit your responsibility in the event that the information you’ve shared was used in the wrong way, while the limitations of liability define the conditions under which you may be held liable;
• copyright rules: copyright is essential if you share your original content. You can set the conditions under which your work can be shared or used;
• law of governance: this allows you to set your primary law of governance and it informs the users about the law that applies to you. This can be useful in cases where you may be operating in a particular state or country that grants you favorable conditions and you’d like to ensure that the rules of your region apply, should you be challenged legally. Keep in mind, however, that these clauses cannot be used to circumvent applicable law (e.g. the GDPR) if it applies to you.

Can I write my own Terms and Conditions?

For your own good, it’s better if you don’t – unless you have extensive legal knowledge, then it’s fine.

Terms of Service are legal documents meant to meet incredibly complex and highly specific scenarios, and a badly written ToS document will not serve its purpose and may land you in legal hot water.

We always suggest seeking the advice of legal experts or using a reliable Terms and Conditions Generator – created by legal experts – that allows you to fully customize based on your individual needs.

How iubenda can help

iubenda’s powerful Terms and Condition Generator lets you easily generate and manage professional Terms and Conditions that are fully customizable from over 100 clauses and up to date with the main international legislations.

All clauses are drafted by an international legal team, and available in 11 languages.

The solution is optimized for blogs, eCommerce, apps and even complex scenarios like marketplace, SaaS and affiliate marketing programs.

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

See also

• Disclaimers: Examples and Terms and Conditions
• Terms and Conditions for eCommerce (and how they protect your online store)

The post What does ToS mean? appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

You own a WooCommerce store and need a Terms and Conditions agreement but don’t know where to start?

Well, you’ve come to the right place. Let us start by reviewing why you should have a Terms and Conditions agreement, what to include with a template example and where to generate your Terms and Conditions agreement. 

Why you should have Terms and Conditions for WooCommerce

Do you want to save time, money, and stress? Yes? 

Then, a strong and understandable Terms and Conditions agreement is needed if you are running a business using WooCommerce. Ultimately, a Terms and Conditions agreement will provide the store’s owner (thats you!) with legal protection. In the case of breaches or product failures, your well-defined Terms and Conditions will limit your legal liability. Not only this, it will give users clear guidelines of what to expect while visiting and using your store. 

Terms and Conditions are ever more important to WooCommerce store as they set out clear payment and shipping terms. 

Payment and shipping terms include: acceptable payment methods, warranty and withdrawal information, how payments are processed, how long shipping takes and what happens if an order is lost or arrives damaged.

What to Include in my WooCommerce Terms and Conditions

Of course, you will have a specific Terms and Conditions agreement tailored to your business. However, it is important to note that there are a number of clauses that are needed for every website’s terms and conditions. 

1. User guidelines that clearly state what is acceptable use while visiting the website
2. Governing law clause, that state which law governs your Terms and any issues arising from them
3. The consequences of any abuse on the site

As a WooCommerce store owner it is essential to include in your Terms and Conditions:

1. Warranty clause, pointing out which products are covered by a warranty
2. Limitation of liability clause,  clearly devised to display to users what your shop sells
3. Intellectual property clause, which identifies everything you own and what is classed as user misuse
4. Payment terms clause, about methods of payments and how payments are processed
5. Right of withdrawal, the owners and customers right to cancel an order, make exchanges, returns and refunds 
6. Shipping and delivery information
7. Any store-specific terms that may apply – here you may choose to add information related to any deals and promotion codes you may offer (unique to your WooCommerce store).

It is imperative you clearly display accurate contact details for your company in your Terms and Conditions agreement.

Generate Terms and Conditions for WooCommerce

Our Terms and Condition Generator is optimized for everything from eCommerce, blogs, and apps, to complex scenarios like marketplace and affiliate scenarios. Read more about it here or start generating your Terms and Conditions below.

How to add iubenda’s T&C to your WooCommerce store

First head over to your iubenda dashboard, click on [Your website] > Terms and Conditions > Embed 

• Standard embedding for a widget that opens a modal at the footer click on > Add a widget to the footer scroll down to Terms and Conditions and click on > COPY

• To add a direct link click on > Use a direct link > Terms and Conditions > COPY

• For direct text embedding (in this case, you need to create an empty page on WooCommerce, and paste our code there. This way the page will be populated with T&C) > Embed the text in the body > Terms and Conditions > COPY

The post Terms and Conditions for WooCommerce stores appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this post, we’ll show you how to write Terms of Service step by step.

What are Terms of Service & When Do You Need Them?

Terms of Service – also known as Terms and Conditions, Terms of Use, End User License Agreement (EULA) – are a document that is meant to protect you, the business owner, by setting your rules. Terms of Service help you define how users can interact with your product or service in a legally binding way.

Terms and Conditions aren’t always mandatory.

They are if you’re running an e-commerce, because they often contain legally required information related to conditions of sale and disclosures on methods of payment, shipping, delivery, withdrawals, and cancellation conditions, etc.

However, it’s usually recommended having Terms of Service in place, whether you have a website, a blog or an app.
Terms of Service can help you protect your original content with copyright, and can also limit your responsibility in the event that the information you’ve shared was used in the wrong way, thanks to disclaimers and limitations of liability.

You’ll likely need to set Terms and Conditions when you:

• want to set the rules for user behavior (including comments) and state grounds for termination of accounts;
• allow your users to upload comments or content;
• have different user levels (e.g. registered vs non-registered);
• participate in affiliate programs;
• provide advice that can potentially cause harm if misused;
• would like to have some legally enforceable control over, and set rules about how your product, service or content may be used.

Of course, this list doesn’t cover all the possible scenarios, but it’s a good starting point.

3 Steps to Write Your Terms of Service

For your Terms of Service to be effective, they need to be written in a precise way.

You can create the perfect Terms of Service document for you and your business following these 3 simple steps.

Step 1: Identify yourself and define your needs

First, you need to clearly identify yourself and your business.
This step is important because Terms of Service are essentially a contract between you and your users, so you should be identifiable and reachable. You can find more information about this here.

Then, you should carefully define your needs, based on the type of business you’re running.
For instance, if you have an e-commerce, you’ll most likely need clauses that can help you manage payments, shipping and refunds. Instead, if you have a blog where you publish your original work, you’ll better add a copyright disclosure, to protect your content from misuse.

Once you’ve done that, you’ll be able to select the right clauses.

Step 2: Set your rules

Terms and Conditions are meant to protect you. And you can do it by choosing the right clauses.

While the specific content of a Terms of Service document will vary based on your individual needs, this is what a basic Terms of Service document includes:

• disclaimers and limitation of liability clauses: disclaimers are useful because they limit your responsibility in the event that the information you’ve shared was used in the wrong way, while the limitations of liability define the conditions under which you may be held liable;
• copyright rules: copyright is essential if you share your original content. You can set the conditions under which your work can be shared or used;
• account creation, termination conditions, accepted behavior: these clauses are useful if you’re running a website that requires users to subscribe and create an account;
• law of governance: this allows you to set your primary law of governance and it informs the users about the law that applies to you. This can be useful in cases where you may be operating in a particular state or country that grants you favorable conditions and you’d like to ensure that the rules of your region apply, should you be challenged legally. Keep in mind, however, that these clauses cannot be used to circumvent applicable law (e.g. the GDPR, if it applies to you).

Step 3: Make the document easily accessible to users

Remember what we said in Step 1? Terms of Service are a contract between you and your users.

That’s why they need to be easily accessible to the users, they’re the other part of the agreement! We suggest making them readily available both at the site of any explicit agreement (such as on sign-up and account creation forms) and in the footer of your website or app.

iubenda’s Terms and Conditions Generator

Our Terms and Conditions Generator lets you easily generate and manage Terms and Conditions that are customizable from over 100 clauses, available in 10 languages, drafted by an international legal team and up to date with the main international legislations. The solution is optimized for blogs, eCommerce and even complex scenarios like marketplace, SaaS and affiliate marketing programs.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• How To Add Copyright To Your Blog
• What is an EULA and how to generate one?
• How to Generate Terms and Conditions

The post How To Write Terms of Service appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this post, we answer these questions and show you how to write a terms of service document that can actually help to protect you and your business from legal liabilities.

What does “Terms of Service” mean?

Terms of Service – also known as Terms and Conditions (T&C), Terms of Use, or End User License Agreement (EULA) – are a contract between you, the provider of a service, and your users.

Are Terms and Conditions legally binding?

Since they are a contract, terms and conditions are legally binding to every extent.
When you set your terms of service and users agree to them, they formally accept a legal agreement. That’s also why you need to notify your users if you make any changes to your document.

More on compliance for websites and apps

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This article is a part of our series on compliance for websites and apps. Read also:

4 Reasons Why You Need A Privacy Policy

How can Terms of Service be enforced?

The first step to an effective and enforceable Terms of Service is to have an accurate and legally sound document. Next, you need to make sure that your users can easily access and read it.

The best way to do it is usually by giving your users some way to acknowledge that they’ve seen and have accepted your Terms. Without a clear, provable action from your users’ side, it can, in some cases, be more difficult to enforce your Terms of Service.

Here’s what you should do:

• Write your terms of service in a clear and understandable language. This way, your users can easily understand what they’re accepting;
• Make them conspicuously visible throughout your website or app. Aside from the standard linking from the footer of your website, it’s highly recommended that you link these documents in locations that allow your user to indicate that they’ve read your terms. For example, via account creation forms, or comment forms. One common way to do this is by adding an unchecked checkbox for users to click and indicate “yes, I’ve read and agreed to the terms and conditions”.

Remember to keep track of these actions, so that you can be able to prove that users read and agreed to your terms.

Once users have agreed, you can freely enforce the terms set out in your Terms of Service document (as long as they do not violate applicable law). So for example, if a user uploads content that is in violation of your terms, you can rightfully choose to suspend or remove their account.

Lastly, keep in mind that terms of service apply both ways. Therefore, you are also required to act in accordance with the terms you’ve set out. For example, if you’ve stated that refunds are available, you must abide by that rule.

How to write an effective Terms of Service document

For your Terms of Service to be effective, they have to:

• properly identify yourself and your product/service (users must be able to reach you with questions regarding policies or operations);
• describe the service that your site provides and how it should be used (to avoid liability: you have no way of knowing all the potential ways in which your product or service might be used or misused); and
• contain affiliate-specific clauses.

While the full content may vary based on the particulars of your business, Terms of Service should at least include these elements:

• Identification of the business and contact information
• Description of the service that your site/app provides
• Information on risk allocation, liability, and disclaimers
• Warranty/Guarantee information (where applicable)
• The existence of a withdrawal right (if applicable)
• Safety information, including instructions for proper use (where applicable)
• Terms of delivery of product/service (where applicable)
• Rights of use (if applicable)
• Conditions of use/purchase (eg. age requirements, location-based restrictions)
• Refund policy/exchange/termination of service and related info
• Info related to methods of payment (where applicable)
• Any additional applicable terms

iubenda’s Terms and Conditions generator

Generating and setting up your Terms and Conditions with iubenda is pretty straightforward, and you’re guided along the way. Our Terms and Conditions Generator lets you easily generate and manage terms and conditions that are professional, customizable from over 100 clauses, available in 10 languages, drafted by an international legal team, and up to date with the main international legislations.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• How to Generate Terms and Conditions
• How to Write Terms and Conditions for an eCommerce Store
• Clickwrap Agreements: Top 5 Things You Need to Know

The post Are Terms of Service Legally Binding? appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

If your eCommerce store can be visited by European users and it uses cookies, you must comply with the ePrivacy Directive (also known as “Cookie Law”).

The Cookie Law requires you to:

1. Provide a compliant cookie policy
2. Display a cookie banner at the user’s first visit
3. Block non-exempt cookies (e.g. via Google Analytics, Adsense etc.) before obtaining user consent
4. Release cookies only after informed consent has been provided (prior consent)

Cookie banner for eCommerce

Besides the cookie policy – unless your website uses solely exempt cookies, which is highly unlikely – you’ll need to show a cookie banner at the user’s first visit and allow the user to provide consent. In fact, prior to consent, no cookies – except for exempt cookies – can be installed.

The cookie banner must:

• briefly explain the purpose of the installation of cookies that the site uses;
• clearly state which action will signify consent;
• be sufficiently noticeable;
• link to a cookie policy or make details of the categories of cookies, cookie purposes, usage, and related third-party activity, available.

Having an accurate cookie banner, cookie policy and blocking cookies before consent are all requirements under the ePrivacy (Cookie Law) and GDPR.

Click here to learn more about auto-blocking and how it can simplify your cookie-blocking process.

More on eCommerce

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Don’t forget this other essential document for eCommerce: Terms and Conditions. Learn more here:

Terms and Conditions for eCommerce

How iubenda can help you create a cookie banner for your eCommerce store

Our solutions are built with the strictest regulations in mind like the GDPR and the Cookie Law. They are:

• crafted and monitored by our international legal team;
• available in 10 languages;
• easy to use;
• fully customizable; and
• self-updating.

With our Privacy and Cookie Policy Generator you can create a beautiful, professional lawyer-crafted privacy and cookie policy for your eCommerce store:

• add any of over 1700 pre-created clauses instantly, or simply write your own;
• after saving, you can easily translate into any of our 9 supported languages with just one click;
• best of all, it automatically updates when the law changes.

Our cookie management solution allows you to:

• easily inform users via cookie banner and a dedicated cookie policy page (which is automatically linked to your privacy policy and integrates what’s necessary for Cookie Law compliance);
• obtain and save cookie consent settings;
• collect granular, per purpose consent;
• preventively block scripts prior to consent;
• maintain records of consent via integration with our Consent Database (integration available upon request).

About us

Cookie consent management for the ePrivacy, GDPR and CCPA

www.iubenda.com

See also

• What legal documents are required for eCommerce
• Cookie Banner Generator for your site or app
• How to add a GDPR Cookie Banner to WordPress
• Cookie Policy Template

The post Cookie banner for eCommerce: what you need to know appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

If you sell online, you need to warn users and limit liability that arises from normal eCommerce activities. Here’s where disclaimers can help: they are common defense measures that you can use to protect yourself against legal claims.

Why disclaimers?

Disclaimers work as a warning sign when users visit your site: they notify them that your products or services may damage them, and that you cannot be considered responsible.

Disclaimers may also discourage users from stealing your website content, and protect it from a copyright perspective.

If your online business offers products or services to users, then you should have disclaimers as legal protection.

Where to put disclaimers on your eCommerce website

Disclaimers should be visible and accessible to users, and can be included in several places on your site. You can create a separate disclaimer page, or you can add them to your terms and conditions.

How iubenda can help you generate disclaimers for your eCommerce store

With our Terms and Conditions Generator you can create disclaimers that can protect you in case of legal claims.

Our solution lets you to easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, drafted by an international legal team, available in 10 languages, and up to date with the main international legislations.

See it in action:

It comes with:

• guided set-up;
• hundreds of possible personalizations;
• legislation monitoring;
• plug-and-go integrations for popular store platforms such as Shopify and WooCommerce;
• pre-defined scenarios: buildable text modules for marketplace, affiliate programs, copyright, eCommerce, mobile, and more.

The solution is optimized for everything from eCommerce (including affiliate programs), blogs, and apps, to complex scenarios like marketplace and SaaS. Getting started is easy: simply create a free account, activate the Terms and Conditions within the dashboard (requires 1 Ultra license) and start generating.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• How to Write Terms and Conditions for an eCommerce Store
• Privacy Policy for eCommerce Stores

The post Disclaimers for eCommerce Stores appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

1. an up-to-date, easy to find and easily accessible Privacy Policy
2. a Cookie Policy (if you use cookies)
3. a Terms and Conditions document

Let’s find out why they are so important and what they should include.

Privacy Policy

The privacy policy is a legal document in which the data owner (the person or entity that runs a website/app) outlines the methods and purposes of its data processing to users, i.e. individuals who visit or use the website/app.

If your website/app collects personal data, you must inform users of this fact by way of a privacy policy: it’s required by law and by third-party services you may use.

All that is required to trigger this obligation is the presence of a simple contact form, Google Analytics, a cookie or even a social widget: if you’re processing any kind of personal data, you definitely need one.

What should be included in a Privacy Policy for ecommerce businesses

In order to be compliant, your privacy policy must at the very least:

• describe the personal data collected and the purposes of their collection;
• accurately list all the third parties the data is shared with; and
• inform users of their rights in relation to their data.

Of course, you also have to provide the identity of the data controller (in practice who establishes “why” and “how” the personal data collected must be processed, usually the site/app owner), so name/company, full address and contact email.

Cookie Policy

If, as is very likely, your website uses cookies, you must also comply with the ePrivacy Directive (also known as “Cookie Law”). As the website owner, you need to collect user’s consent before cookies are installed on the user’s device.

In order to give consent, users must be informed of data collection activities and choose whether or not to consent to the installation of cookies.

You must then set up a cookie policy in which you:

• define which cookies you use (e.g. technical, statistical, profiling, etc.) and for what purposes;
• list the categories and purposes of third party cookies that are installed.

More on the cookie policy

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You want to take a closer look at a cookie policy? Check out our example here:

Cookie Policy Example

Terms and Conditions

If you run an ecommerce website, Terms and Conditions are often mandatory: customers must be made aware of the business owner’s rules relating to return, withdrawal or cancellation policies.

What should be included in Terms and Conditions for ecommerce businesses

In general, a good Terms and Conditions document for an ecommerce store should contain the following clauses:

• intellectual property/trademark protection;
• account registration/termination;
• product description;
• pricing, payment and delivery terms (including shipping, returns, exchanges and cancellations);
• user rights;
• liability and indemnification;
• common provisions (privacy policy, intellectual property rights, governing law, etc.);
• dispute resolution.

How iubenda can help you create the legal documents your ecommerce business needs

If you’re not a lawyer, creating a Privacy and Cookie Policy and a Terms and Conditions document for your ecommerce store can be a serious headache.

Here’s where iubenda can help: our solutions are built with the strictest regulations in mind like the GDPR, the Cookie Law and the CCPA. They’re:

• crafted and monitored by our international legal team;
• available in 10 languages;
• easy to use;
• fully customizable; and
• self-updating.

With our Privacy and Cookie Policy Generator you can create a beautiful, professional lawyer-crafted privacy and cookie policy for your ecommerce store:

• add any of over 1700 pre-created clauses instantly, or simply write your own;
• after saving, you can easily translate into any of our 9 supported languages with just one click;
• best of all, it automatically updates when the law changes.

With our Terms and Conditions Generator you can easily generate and manage a professional Terms and Conditions document that is:

• customizable from over 100 clauses;
• available in 10 languages;
• drafted by an international legal team; and
• up to date with the main international legislations.

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

See also

• Privacy Policy for Ecommerce Stores
• How to write Terms and Conditions for an Ecommerce Store
• Is consent needed for ecommerce emails?

The post Ecommerce: what legal documents do I need? appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

What is the meaning of Terms and Conditions?

Here’s a Terms and Conditions definition:

Terms and Conditions – also known as Terms of Service (ToS), Terms of Use, or End User License Agreement (EULA) – allow you to set the way in which your product, service or content may be used, in a legally binding way.

They govern the contractual relationship between you, the provider of a service and your users – essentially, a contract in which you, the owner, clarifies the conditions for using your service or accessing your products.

This article will help you write a basic Terms and Conditions Agreement for a website. If you’d rather create a document tailored to your business, we recommend using our Terms and Conditions Generator.

Terms and Conditions Generator

The easiest way to create your Terms

Protect your business using our Terms and Conditions Generator. Craft a customizable, professional, legally-binding document in minutes.

Clauses like limitations of liability or disclaimers have been pre-written by a legal team

Generate in Minutes

Try it risk free with our 14-day money-back guarantee

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See it in action ^

Where to display your Terms of Service Agreement

The best idea is to add them to your site’s footer, so that they are always visible and accessible.

Here’s a working example (created with our Terms and Conditions Generator). Click on the button to open the Terms of Use:

Anyway, please note that in certain cases (an ecommerce, for example), a link in the footer is not enough: to maximize legality, ask your users to agree to your Terms and Conditions.

More on compliance for websites and apps

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This article is a part of our series on compliance for websites and apps. Read also:

4 Reasons Why You Need A Privacy Policy

Use our Terms and Conditions Generator

After reading the steps above, you might be asking yourself how to put this information together.

Given what we’ve seen in our Terms and Conditions definition above, they are essentially the only legally binding agreement between yourself and your users that allow you to set rules specific to your business and protect it from liabilities – we strongly suggest that you don’t attempt to write them yourself.

Instead, we suggest that you either seek the services of a legal professional or use a quality Terms and Conditions Generator – “quality”, meaning one that allows you to fully customize and output clauses based on your businesses’ individual needs.

Here are some key features of our Terms and Conditions Generator:

• Easily generate and manage Terms of Service that are professional, customizable from over 100 clauses;
• Available in 14 languages;
• Drafted by an international legal team;
• Up-to-date with major international privacy legislations;
• Powerful, precise, and capable of handling even the most complex, individual scenarios and customization needs;
• Optimized for everything from ecommerce, blogs, and apps, to complex scenarios like marketplace, SaaS and affiliate marketing programs.

Read more about it here or start generating below.

The post How to Write Terms and Conditions appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Why do I need a Terms and Conditions on my website?

Unlike the privacy policy, a terms and conditions document is not always required by law. However, on a practical level, terms and conditions are ALWAYS a good idea. This is because terms and conditions are necessary for setting the way in which your product, service or content may be used, in a legally binding way.

More on compliance for websites and apps

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This article is a part of our series on compliance for websites and apps. Read also:

4 Reasons Why You Need A Privacy Policy

Here are 5 reasons why you should have a T&C document

1⃣ Legal Compliance

In 2023, businesses face a growing number of legal and regulatory requirements, including privacy laws, data protection laws, and e-commerce regulations. See our legal overviews: 

2⃣ Protection of Business Interests:

Terms and conditions can protect your business interests by defining the scope of your services, outlining payment and delivery schedules, and providing a framework for resolving disputes. They can protect you from potential liabilities (for example in case of malfunctions of your website/app) and they are essential for protecting your content from a copyright perspective. 

See what is a Limitation of Liability Clause here →

On eCommerce sites, terms and conditions are typically the document that contains information related to conditions of sale and disclosures on methods of: 

Are you running an eCommerce business?

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One of the most commonly used sales policies is the “all sales are final” policy

Check here All Sales Are Final Policy: What You Need to Know

3⃣ Clarity and Transparency: 

In an increasingly digital business environment, it’s more important than ever to have clear and concise terms and conditions that can help avoid misunderstandings and confusion. This can improve the customer experience and foster trust between the parties involved. 

When it comes to affiliation program, the membership must be well disclosed. It is a requirement of many data protection laws – the so-called principle of transparency. For example, Amazon require affiliates to disclose their membership, see how to here. 

Each of us has been given the opportunity to click a button to accept the Terms and Conditions before making a purchase or while completing a form. This process is known as clickwrap. Although it may appear straightforward, there are certain distinctions to be made and best practices to adhere to →

4⃣ Disclaimers: 

Terms and conditions are legal statements that outline the rights, responsibilities, and obligations of the parties involved in a particular agreement or transaction. Further to that, disclaimers usually state that the information provided is not guaranteed to be accurate or complete, and that the user of the information assumes all risks associated with its use. 

See how to write a disclaimer for your website here →

5⃣ Encouraging Repeat Business: 

By providing a positive customer experience and establishing trust, your terms, and conditions can encourage repeat business and help build customer loyalty.

Having a well-drafted set of terms and conditions can help ensure that your business complies with these requirements and reduces the risk of legal liability.

A terms and conditions document is more than just a formality, it is a valuable tool that protects you as a business owner.

Can you use a Terms and Conditions generator?

The good news is yes, you absolutely can! 

But it would be best if you were careful. Choose a high-quality generator that allows you to fully customize your document and adapt it to your needs.

Just like our Terms and Conditions Generator!

How iubenda can help you generate terms and conditions

Our Terms and Conditions Generator lets you to easily generate and manage terms and conditions that are professional, customizable from over 100 clauses, drafted by an international legal team, available in 11 languages, and up to date with the main international legislations.

See it in action:

It comes with:

• guided set-up;
• hundreds of possible personalizations;
• legislation monitoring;
• plug-and-go integrations for popular store platforms such as Shopify and WooCommerce;
• pre-defined scenarios: buildable text modules for marketplace, affiliate programs, copyright, eCommerce, mobile, and more.

The solution is optimized for everything from eCommerce (including affiliate programs), blogs, and apps, to complex scenarios like marketplace and SaaS.

Getting started is easy: simply create a free account, activate the Terms and Conditions within the dashboard and start generating.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• What should basic Terms and Conditions include?
• Where to add Terms and Conditions on your website

The post 5 reasons why you need Terms and Conditions in 2023 appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Why are terms and conditions important for eCommerce stores?

If you run an eCommerce website, terms and conditions are not only advisable but also often mandatory: customers must be made aware of the business owner’s rules relating to return, withdrawal or cancellation policies.

Specific instances where they might needed are where you:

• need to make legally required disclosures related to consumer rights (especially withdrawal and cancellation rights);
• have different user levels (eg. registered vs non-registered);
• run a service or platform which allows users to sell or trade with other users;
• facilitate or otherwise process payments and/or other sensitive user data;
• want to set the rules for user behavior (including comments) and state grounds for termination of accounts;
• participate in affiliate programs;
• provide a product or service which can potentially cause harm if misused;
• would like to have some legally enforceable control over, and set rules about, how your product, service or content may be used.

What should be included in Terms and Conditions for eCommerce stores

In general, a good Terms and Conditions document for an eCommerce store should contain the following clauses:

• intellectual property/trademark protection;
• account registration/termination;
• product description;
• pricing, payment and delivery terms (including shipping, returns, exchanges and cancellations);
• user rights;
• liability and indemnification;
• common provisions (privacy policy, intellectual property rights, governing law, etc.);
• dispute resolution.

Where to put them

A proper Terms and Conditions document won’t do your business any good if no one sees it: here’s why the best idea is to add it a link to your site’s footer so that it is always visible and accessible. In addition to the website’s footer, other advantageous locations to place Terms and Conditions links are signup and checkout forms.

Example of Terms and Conditions

The document below is an example of Terms and Conditions created with iubenda Terms and Conditions Generator. Click on the button to open the document:

How iubenda can help you generate terms and conditions for your eCommerce store

Our Terms and Conditions Generator lets you to easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, drafted by an international legal team, available in 11 languages, and up to date with the main international legislations.

See it in action:

It comes with:

• guided set-up;
• hundreds of possible personalizations;
• legislation monitoring;
• plug-and-go integrations for popular store platforms such as Shopify and WooCommerce;
• pre-defined scenarios: buildable text modules for marketplace, affiliate programs, copyright, eCommerce, mobile, and more.

The solution is optimized for everything from eCommerce (including affiliate programs), blogs, and apps, to complex scenarios like marketplace and SaaS. Getting started is easy: simply create a free account, activate the Terms and Conditions within the dashboard (requires 1 Ultra license) and start generating.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• What should basic Terms and Conditions include?
• What are the Terms and Conditions and when are they needed?
• Where to add Terms and Conditions on your website

The post How to Write Terms and Conditions for an eCommerce Store appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

More on compliance for bloggers and web publishers

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This article is a part of our series on compliance for bloggers and web publishers. Read also:

How to write a privacy policy for a blog

Example Blog Terms & Conditions

The following is a Terms and Conditions document created in 5 minutes for a fictional blog (click the button to open up the terms document).

The terms and conditions document was generated and customized using iubenda’s user-friendly visual interface.

Our Terms and Conditions Generator lets you easily generate and manage Terms and Conditions that are customizable from over 100 clauses, available in 11 languages, drafted by an international legal team and up to date with the main international legislations. The solution is optimized for blogs, e-commerce and even complex scenarios like marketplace and, Affiliate scenarios.

Need a Terms and conditions document? Click the button below to generate your own (try it risk free for 14 days)!

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• What Should Basic Terms and Conditions Include?
• How to Make Your Blog or Simple Website Compliant?
• How to Write Terms and Conditions
• How to write affiliate Terms and Conditions

The post Terms and conditions for blogs – Example and what they should include appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this article, we’ll go through the main 4 reasons why you need a privacy policy for your website or app!

But first, let’s quickly recap:

The main 4 reasons why you need a privacy policy

Almost all businesses on the internet now require a privacy policy. Of course, if you don’t keep or sell any data, you can avoid it. However, even private bloggers must examine whether a privacy notice is necessary for them.

Here are 4 reasons why you need a privacy policy!

1. You must comply with privacy laws…

The most important reason you need a privacy policy is that you must comply with the privacy regulations that apply to you and your customers, wherever they are. Companies typically create a website to broaden their reach, which brings with it new laws to be aware of.

2. …and third-party requirements

Moreover, a growing number of third-party apps also demand that all business partners identify how they handle private information data. Though this provision somewhat anticipates tougher privacy legislation, the major goal of the privacy policy is to ensure a closed chain of protected data from vendors to end users.

For example, all Google and Apple products and apps currently require privacy policies from everyone with whom they collaborate. And, because analytics software is so reliant on personal data, utilizing it nearly always requires a policy.

More on compliance for websites and apps

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This article is a part of our series on compliance for websites and apps. Read also:

How to manage cookies consent on WordPress

3. You want your users to trust you 

People care about their privacy. With the number of data breaches reported in the news, it’s easy for anyone to feel unsafe. This encourages many people to study more about privacy, and once they understand the risks, they frequently want to ensure that their data is secure. Therefore a decent privacy notice can serve as a marketing tool as well as a legal concern. 

As the owner of a website, you are responsible for the personal data of your users, such as their names, birthdays, postal addresses, phone numbers, email addresses, and any other physical information that could be used to identify someone. Also, keep in mind that it includes non-descriptive information such as geolocation, shopping behavior, educational and medical background, and the contents of emails and texts.

4. You definitely want to avoid fines

The possibility of legal action should be enough to persuade you to create a privacy policy. If you collect data without a clear privacy notice, you risk fines and litigation that may cost you a lot of money.

Let’s be real… you can’t rely on the variety of “free templates” or “copy & paste.”

Many people use free templates and copy-pasting to avoid paying people who know what they’re doing.

You can get started with free templates. But are they effective enough to protect you from all of the above?

In law, a one-size-fits-all answer is likely to cause a lot of problems. Especially given the growing awareness of the importance of protecting personal data online. Most of the templates available online illustrate a broad case and will not shield you from claims and fines. And they are unlikely to address your specific company requirements.

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

See also

• GDPR privacy policy example
• How to generate a privacy policy with iubenda
• Explore our Privacy and Cookie Policy Generator for the GDPR, ePrivacy and CCPA

The post 4 Reasons Why You Need A Privacy Policy  appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

If you are setting up an affiliate marketing program, you’ll need to take time to create a Terms and Conditions document for it.

Terms and Conditions set the way in which your product, service or content may be used, in a legally binding way. They are crucial for protecting your content from a copyright perspective as well as for protecting you from potential liabilities.

Because affiliates generally market your products and/or services to consumers, making the correct legal disclosures are critical and often legally required.

In this post, we’ll look at:

• what an affiliate agreement template should contain (from both the Consumer and Affiliate point of view), and
• how to take advantage of our affiliate disclosure generator.

How to write affiliate disclosures (and add them to your affiliate terms and conditions)

Affiliate terms and conditions have to:

1. properly identify yourself and your product/service;
2. describe the service that your site/app provides and how it should be used; and
3. contain an affiliate disclosure.

Let’s look at these aspects in more detail.

1. Properly identify yourself and your product/service

Since Terms and Conditions are legally binding contracts, it’s important to state legitimate contact details here. Also, do consider that, in many cases, under Consumer Law, customers must be able to contact you if the need arises.

Information to add:

• Your business identity (e.g registered trading name)
• Contact details (generally, email address, telephone number, other means of online communication and/or fax number)
• Geographical business address (this can be the address to which the consumer can send complaints or return purchased products etc., where applicable)

* Depending on the type of business you do (e.g. finance) or your country of operation additional identification details might be legally required.

2. Describe the service that your site/app provides and how it should be used

You will not always know exactly what your affiliates have promised when marketing your product. Therefore, it’s in your best interest to ensure that you specifically disclose to consumers what they are and are not entitled to when interacting with your product or service, and, how the product/service should be used.

This closely ties into disclaimers and limitation of liability clauses, all of which are critically important for protecting you and your business.

Clauses to add here:

• Product/service description
• Terms of delivery of product/service (where applicable)
• Conditions of use/ purchase (eg. age requirements, location-based restrictions)
• Information on risk allocation, liability, and disclaimers
• Terms of delivery of product/service (where applicable)
• Refund policy/guarantees/exchange/termination of service and related info

3. Add an affiliate disclosure to your terms and conditions document

Rules relating to your affiliate marketing program should be made easily available to the persons signing up. For this reason you should make your affiliate program rules clear on-page and, where applicable, in your terms and conditions (being sure to link to the document from your affiliate sign-up pages).

Your affiliate disclosure should at least contain:

• Any rules relating to the process of participation (i.e. any instructions relating to how they can promote your product)
• Any requirements for participating (including behaviors that are not allowed if any)
• Maximum benefits/ payout
• Any conditions relating to the payment of benefits (payout dates etc)

How iubenda can help you set up Terms and Conditions for affiliate marketing

If you need an affiliate agreement template, our Terms and Conditions Generator lets you to easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, drafted by an international legal team, available in 14 languages, and up to date with the main international legislations.

It comes with:

• guided set-up;
• hundreds of possible personalizations;
• legislation monitoring;
• plug-and-go integrations for popular store platforms such as Shopify and WooCommerce;
• pre-defined scenarios: buildable text modules for marketplace, affiliate programs, copyright, e-commerce, mobile, and more;
• default clauses on affiliate marketing.

The solution is optimized for everything from eCommerce, blogs, and apps, to complex scenarios like marketplace, SaaS and affiliate marketing programs.

Getting started is easy. Simply create an account, activate the Terms and Conditions within the dashboard (requires 1 Advanced plan) and start generating.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• How to write Terms and Conditions for a website
• How to write Terms and Conditions for an app
• What is an EULA and how to generate one?

The post How to Set Terms and Conditions for Your Affiliate Marketing Program appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

But once you’ve generated your document, where should you put terms and conditions on your website?

Where to put Terms and Conditions

A proper Terms and Conditions document won’t do your business any good if no one sees it. That’s why the best idea is to add it a link to your site’s footer so that it is always visible and accessible.

In addition to the website’s footer, other advantageous locations to place terms and conditions links are signup and checkout forms.

More on compliance for websites and apps

---

This article is a part of our series on compliance for websites and apps. Read also:

Examples of disclaimers for your website

How iubenda can help

Our Terms and Conditions Generator lets you to easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, drafted by an international legal team, available in 11 languages, and up to date with the main international legislations.

It comes with:

• guided set-up;
• hundreds of possible personalizations;
• legislation monitoring;
• plug-and-go integrations for popular store platforms such as Shopify and WooCommerce;
• pre-defined scenarios: buildable text modules for marketplace, affiliate programs, copyright, e-commerce, mobile, and more.

The solution is optimized for everything from e-commerce, blogs, and apps, to complex scenarios like marketplace and SaaS.

It offers three integration options that you can use for different purposes:

• Standard embedding (modal window)
• Direct link (useful option for app stores)
• Direct text embedding and API (useful to make your terms and conditions look as if they were part of your own site)

Getting started is easy. Simply create a free account, activate the Terms and Conditions within the dashboard and start generating.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• What are the Terms and Conditions and when are they needed?
• Can I use a Terms and Conditions template?

The post Where to put Terms and Conditions on your website appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

Because affiliates generally market your products and/or services to consumers, making the correct legal disclosures are critical and often legally required. In this post, we’ll look at how to write affiliate terms and conditions and what they should contain from both the Consumer and Affiliate point of view.

Our Terms and Conditions Generator lets you easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, available in 8 languages, drafted by an international legal team and up to date with the main international legislations. It is powerful, precise, and capable of handling even the most complex, individual scenarios and customization needs.

The solution is optimized for everything from e-commerce, blogs, and apps, to complex scenarios like marketplace and, Affiliate scenarios. Read more about it here or start generating below.

About us

The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.

www.iubenda.com

See also

• What Should Basic Terms and Conditions Include?
• What Are the Terms and Conditions and When Are They Needed?
• EULA – What it is, when it’s needed and how to generate one

The post How to write affiliate terms and conditions appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.