Here’s a list of questions that can help you determine what to add in your own Terms and Conditions:
Can users create an account on your website or app?
Can users create or publish content on your website or app?
Is the content published by users available publicly?
Can users send you copyright infringement notices?
If your website or app an ecommerce store?
And so on
Before you publish the agreement online, make sure your Terms and Conditions includes important disclosures, such as:
Termination of using or accessing your website or sections of your website to prevent abuses
“Governing Law” disclosure to inform which country laws are governing the agreement
Contact details to inform users how they contact you with questions regarding your legal agreements and its provisions
Is a Terms and Conditions required?
A Terms and Conditions is not required and it’s not mandatory by law. Unlike Privacy Policies, there’s no law or regulation on Terms and Conditions.
But having a Terms and Conditions gives you the right to terminate the access of abusive users or to terminate the access to users who do not follow your rules and guidelines.
It’s extremely important to have this agreement if you operate a SaaS app.
Here are a few examples how this agreement can help you:
If users abuse your website or mobile app in any way, you can terminate their account. Your “Termination” clause can inform users that their accounts would be terminated if they abuse your service.
If users can post content on website or mobile app (create content and share it on your platform), you can remove any content they created if it infringes copyright.
Your Terms and Conditions will inform users that they can only create and/or share content they own rights to.
Similarly, if users can register for an account and choose an username, you can inform users that they are not allowed to choose usernames that may infringe trademarks, i.e. usernames like Google, Facebook, and so on.
If you sell products or services, you could cancel specific orders if a product price is incorrect. Your Terms and Conditions can include a clause to inform users that certain orders, at your sole discretion, can be canceled if the products ordered have incorrect prices due to various errors.
And many more examples.
While a Terms and Conditions isn’t required by law, other platforms (especially those that you can create an app for) will often ask you for this agreement.