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Oak Brook, Illinois

Website terms of use Agreement

Illinois Tech Lawyers for Terms of Service

Having a technology business offers incredible opportunities for growth and innovation. With a Software as a Service (SaaS) company or as a service provider, the potential for expansion in the technology industry is virtually limitless, with the ability to reach global markets and continually develop new products and services.
A Terms of Service (TOS or Terms and Conditions) functions as a contract between a SaaS company or mobile app for the business’s customers and users. This is why it is important to tailor the Terms of Service to your specific needs.
Terms of a TOS typically include intellectual property rights, limitation of software use, fees, and disclaimers and warranties.
Our technology attorneys at Motiva Business Law will protect your business with Terms of Service that align with the specific needs of your business, ensuring transparency on what customers can expect from your technology services.

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What are terms of service?

Terms of service are a legal agreement between a service provider and its users that sets the rules to follow when using a specific app, website, or software. Terms of service are often known as terms and conditions, terms of use, or ToS.
A website’s terms of use are typically published for the user to review before using the service, and they are meant to create a transparent and reliable online environment where users can safely benefit from your digital services.

What Should a Terms of Service Agreement include?

ToS agreements can include multiple elements, such as the following:
  • Identification of the business: Clearly defines your company and its properties
  • Provided service: Includes a broad description of the service that the site or app proved
  • Liability provisions: Includes disclaimers and information on risk and liability allocation.
  • Opt-out provisions: How can users unsubscribe from the platform
  • Privacy policies: Details privacy and security concerns, such as what users’ data is going to be collected and how it will be used.
  • Community Guidelines: Determines age restrictions, rules of user interaction, and what behaviors will not be tolerated.
  • User rights and responsibilities: What are the roles and duties of the service provider and the user
  • Conditions of sale: If applicable, this clause explains the methods of payment, shipping, delivery, and refund.
  • Cancellation of user accounts: Describes the actions that can lead users to the removal of their account or service cancellation.
  • Copyright regulations: How are users authorized to use the content of the platform.

Are terms of service legally binding?

Yes, terms of service agreements are binding contracts where the owner specifies the requirements users must meet to benefit from the offered service.
The user must accept the Terms of Service of a website to be able to purchase goods or simply use the platform. By checking a box or confirming that they agree with the terms, the user automatically enters into an enforceable contract.
It is required for websites and service providers to inform their users whenever they update their terms.

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Why do I need a Terms of Service Agreementfor my business?

Although Terms of Service are generally not legally required, having a ToS allows you to set clear expectations and prevent undesired behavior from your users. By having a Terms and Conditions on your website, app, or software, you will be able to:
  • Preserve ownership of your content: Ensure your users are aware of the copyright restrictions by informing them you own the content and trademarks of your platform. Prevent the unauthorized use of your intellectual property or copyright.
  • Maintain order in the community: With a ToS, you will be able to remove the accounts of those who abuse the service or disrespect other members of the community.
  • Limit your liability: Notify users that you are not responsible for the content other users upload to the website or for inaccurate information they might provide there. It’s also key to protect yourself from the consequences of having flawed information on your website.
  • Declaring governing law: The terms of use should express which country, state, or province laws should apply to the website’s activity. In the event of a dispute, this can help have a more favorable treatment.

Our Tech Law Firm Works to Protect your Company

As a SaaS company or service provider, there are plenty of regulations you need to comply with at the state, national, and even international levels.
Motiva Business Law Technology Attorneys will help you navigate the intricate intersection of business, technology, and the law while you focus on making the most out of your company.
Our meticulous approach ensures that your  Terms of Service agreements are tailored to your unique business operations, helping you foster a secure and trustworthy relationship with your customers.
Let us help you navigate the legal complexities of technology law, allowing you to focus on your core business activities with confidence and peace of mind.

What Our Clients Say

Danya was a pleasure to work with. She was very professional, courteous, and had the expertise and knowledge to review our lease and franchise agreements. She gave great insight and recommendations on how we can protect ourselves and our business and to ensure the agreements were fair for both parties. I will be using her for future business law needs and highly recommend her to those looking for a business law expert.
Sadaf F.
Danya is just amazing, she execute my lease with one of the biggest property groups in US. she explained and changed the language to protect me. she makes you feel protected and comfortable. Highly recommended, she knows what she's doing 1000%. Thank you Danya 🙂
Amer G.
Danya is SO knowledgeable and is able to break down the law into very simple and understandable terms. She is amazing, and a huge asset to small businesses in the area. Make sure she's on YOUR side of the aisle! I highly recommend calling Danya and Motiva Business Law.
Kenny A.

Terms of Service FAQ

You can use this agreement if your business operates on:
  • Websites
  • Mobile apps
  • E-commerce stores
  • Facebook apps
  • SaaS apps
  • Desktop apps
Yes, once the user has expressed consent to the website’s or digital platform’s terms of use, both the service provider and the user will enter an enforceable contract.
Although a ToS template is legally binding, it is not recommended to use templates for either of these contracts, as they will likely not meet the needs of your SaaS company. These legal agreements must match your business model and processes and act according to the law updates and jurisdiction, which templates fail to comply with.
A privacy policy focuses on the handling of personal information, while terms and conditions set out the rules and requirements for using a product or service.
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