A Terms and Conditions is not required and it’s not mandatory by law.

Unlike Privacy Policies, which are required by laws such as the GDPR, CalOPPA and many others, there’s no law or regulation on Terms and Conditions.

However, 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, as well as other desirable business benefits.

It’s extremely important to have this agreement if you operate a SaaS app.

How This Agreement Can Help You

Here are a few examples of 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 your 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 a username, you can inform users that they are not allowed to choose usernames that may infringe trademarks (e.g. Google, Facebook, etc.).
• 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 informing 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.

Summary

In summary, while you do not legally need a Terms and Conditions agreement, there are many reasons for you to have one. Not only will it make your business look more professional and trustworthy, but you’ll also maintain more control over how users interact with your platforms and content.

What Information to Include in Terms and Conditions

In your Terms and Conditions, you can include rules and guidelines on how users can access and use your website and mobile app.

Examples of Clauses You Can Include

• Intellectual Property Clause
  Informs users that your content, logo, and visual media are your property and protected by copyright laws.
• Termination Clause
  Informs users that accounts or access to your website/app can be terminated in case of abuse or at your sole discretion.
• Governing Law Clause
  Informs users which country’s laws govern the agreement. Usually the country where your company is headquartered.
• Links to Other Websites Clause
  Informs users that you are not responsible for third-party websites you link to, and they should review those sites’ policies independently.
• Content Clause
  If users can create and publish content, this clause explains that they retain ownership but grant you a license to use and display it on your platform.
• DMCA / Copyright Infringement Clause
  Explains how you handle copyright complaints and that infringing content will be removed upon valid notice.
• Limit What Users Can Do Clause
  Defines prohibited actions users agree not to perform while using your service.