User Agreement (Terms of Use) is a legal document that defines the relationship between the owner of the site and the user. It is critical to protecting a business from potential legal disputes, so its execution requires a special approach.

The content of the Agreement varies depending on what the platform is, what features it provides to the user and in which jurisdiction its target audience is located. For example, if the platform provides for the posting of user-generated content, the document should regulate the procedure for posting content, determination of the ownership of the rights to the posted content, liability for violation of the law and third party rights in the process of making publications.

The user agreement should include a mechanism for the user to agree to its terms, for example, by checking a box in front of the phrase "I agree to the terms of the user agreement".

As a rule, the content of the User Agreement covers a certain number of clauses.

  1. Define the basic terms used when working with the site.
  2. Description of platform features. Everything that the site has access to, any goods and services, the procedure for their sale, provision, should be spelled out in the document so that users had a clear understanding of the site's capabilities.
  3. Permissible Use. The Agreement may provide for restrictions on the age of users, country of residence, number of accounts per person, ability to transfer an account to another person, and others.
  4. Terms of payment and procedure for making refunds. If the payment mechanisms are provided on the platform, it is recommended to provide detailed information about the cost, payment procedure and refunds, or make a link to another document posted on the site that contains this information (e.g., a public offer).
  5. Termination of access. When executing the document, in order to control the platform, its owner may include provisions allowing for the termination of access to the site by certain users. For example, if publishing user-generated content violates the law or the rights of third parties.
  6. Disclaimer of warranties and limitation of liability. Such a tool is necessary to minimize the risks of negative legal and financial consequences for the platform owner.

The disclaimer of warranties may state that the material / information posted is not a recommendation, advice, etc. If Users are guided by such information, they are solely responsible for their actions.

Also, the owner of the site has the right to limit its liability for negative consequences for the user in a number of cases such as the User's negligence in performing any actions, the consequences of technical failure, etc. Otherwise, the liability may be limited to a specific amount.

Please, note that in some cases it will not be possible to completely exclude the liability.

The existence of the User Agreement demonstrates that the administration of the site treats its activities responsibly, strives for transparency and provides users with a clear understanding of the rules of interaction, as well as the compliance of the platform with legal requirements.

GMT Legal will help you to draw up a User Agreement. Our legal support will ensure the legality of the document, protecting your interests and the interests of your users.