Terms and Conditions
Definition
Legal agreements establishing the rules, requirements, and guidelines governing use of a website, app, or service, forming binding contracts between businesses and users. Terms and Conditions (T&Cs) typically address: account creation and use, intellectual property rights, user responsibilities and restrictions, payment terms, warranties and disclaimers, limitation of liability, dispute resolution mechanisms, and termination rights. While distinct from privacy policies, T&Cs often intersect with privacy considerations by: incorporating privacy policies by reference, addressing data ownership and licenses, establishing consent mechanisms, and defining consequences for violations. From a privacy perspective, organizations should: avoid hiding material privacy terms in lengthy T&Cs, use clear, plain language for privacy-related provisions, separately present privacy notices rather than solely embedding them in T&Cs, obtain separate consent for privacy practices beyond basic service terms, and ensure T&Cs don't contradict privacy commitments. T&Cs should complement, not replace, dedicated privacy documentation. Transparent presentation and reasonable terms build user trust while reducing legal risk.
Applicable Laws & Regulations
- 1Contract Law
- 2GDPR Article 7
- 3CCPA Section 1798.135(b)
- 4E-Commerce Directive