Terms and Conditions vs. Terms of Service

Terms of Service

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Donata Stroink-Skillrud

Co-founder and President of Termageddon

If you’ve ever dealt with a lawyer (sorry), you know that we love our legal jargon. It makes us feel special. And the more jargon we use, the more special we feel. Kind of like the sole dog at a party. The labels “Terms and Conditions” and “Terms of Service” come up pretty often so what is the difference between the two?

Absolutely none. Yes, you heard it here first! Us lawyers created the two types of labels just for the fun of it and because it confuses the civilians. And what’s more fun than that?

Terms and Conditions are also referred to sometimes as “Terms of Use,” “ToS,” or just “Terms.” All of these things mean the same thing, but what exactly are they all referring too?

What is a Terms and Conditions agreement?

Terms and Conditions (also called Terms of Use or Terms of Service) are a statement that details the rules of using your website. It can be helpful for websites that offer links to third-party websites (such as links to your social media pages), offer eCommerce, want to protect themselves from copyright infringement, and want to limit their liability and damages can all benefit from having a Terms and Conditions on their website.

Are Terms and Conditions required by law?

If your website offers the ability for individuals to purchase goods or services, not complying with consumer protection laws can lead to your Terms and Conditions not being enforceable. In addition, not having a Terms and Conditions agreement if you offer subscriptions, can lead to enforcement actions from the Federal Trade Commission.

While there are a few laws that require a Terms and Conditions, most businesses place them on their websites to reduce the risk of lawsuits and increased damages.

How can I get a Terms and Conditions for my website?

There are many ways to create a Terms and Conditions for your website or app. You could hire a privacy attorney, write them yourself, or find a proper Terms and Conditions generator that can craft one for you. Since privacy attorneys can be expensive and writing one yourself can be tricky, Terms and Conditions generators have become very popular.

Since this is a Termageddon blog, we highly recommend using Termageddon’s Terms and Conditions Generator.

Protect yo’ self (from confusing jargon),

Team Termageddon

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About the Author
Donata Stroink-Skillrud

Donata is the Co-founder and President of Termageddon and a licensed attorney and Certified Information Privacy Professional. She serves as the Vice-Chair of the American Bar Association's ePrivacy Committee and the Chair of the Chicago Chapter of the International Association of Privacy Professionals.

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