In the tech world, launching a new product or scaling a service requires the input of many teams. From developers to designers, operations, and support, it takes a small army to bring your innovation to light. However there is one crucial aspect of bringing a product to market that can be easy to overlook - a legally sound set of terms and conditions.  

Many organizations choose to borrow their terms and conditions from online templates, or attempt to draft them either themselves or with the help of AI, but without the support of a trained, experienced terms and conditions lawyer. 

But this is a mistake.

Treating your terms and conditions as an afterthought will leave you vulnerable and put your company at risk. For any technology company serious about their future, a terms and conditions lawyer is a necessity - not an option. 

At Silicon Valley Technology Law Advisors (SVTech), we have served clients in the technology industry for over 25 years, providing custom legal counsel and support. We understand the vital importance of a robust terms and conditions policy. Today, we'll explore the role of a business terms and conditions lawyer, and demonstrate why their services are essential for any technology focused business.

What is a Terms and Conditions Lawyer?

For every person that visits a website, interacts with an app, or uses a product, a legal relationship exists that governs everything from user conduct, to content ownership, privacy, and dispute resolution. The terms and conditions, sometimes known as the terms of service, are the guidelines and rules that govern these legal relationships. 

A terms and conditions lawyer is a legal professional who writes those guidelines for using a product or service. 

These professionals draft, review, and negotiate these terms in order to maximize product/service value, minimize a company's risk and liability, and define what users are allowed to do with the end product. 

If these guidelines are not properly defined, it can open your business up to significant risks, including disputes, intellectual property infringement, financial losses, and damage to your reputation. 

Rather than leave your business exposed, terms and conditions lawyers will closely examine your business model and service offerings, and create a custom and comprehensive set of terms and conditions that maximize your chance for success. 

What Legal Documents Do Terms and Conditions Lawyers Create?

The goal of a terms and conditions lawyer is to create a comprehensive set of legal documents that will protect you, your website, app, product, or service in a variety of situations. 

Some of these critical documents include:

• Terms of Service (ToS) - This is the primary legal document governing the relationship between your business and its users. A terms of service lawyer will create a comprehensive document that clearly addresses important aspects like user conduct, acceptable use, and limitations of liability.

• Privacy Policies - Ensuring compliance with is paramount. Your terms and conditions lawyer will create documents that stipulate how your company collects, uses, stores, and safeguards user data, in compliance with applicable laws.

• End-User License/SaaS Agreements (EULA) - A critical document for software and Software as a Service (SaaS) products, this limits the scope of how a software service can be used, offering valuable protection. 

• Disclaimers and Waivers - These important notices offer protection and limit liability for specific instances, such as the accuracy of information presented on a website. 

Each of these documents serves a specific purpose, making a terms and conditions lawyer not simply someone who writes terms and conditions, but a vital part of creating a strong legal foundation for your business. 

Do You Really Need a Terms and Conditions Lawyer?

While it's clear that terms and conditions are important to technology focused organizations, do you really need a terms and conditions lawyer?

It's easy to question whether the cost of a terms and conditions lawyer is justified when there are free templates available online that can be used.

At SVTech, we fully believe that any technology company that is serious about safeguarding themselves against legal threats and obtaining compliance with industry laws and regulations would be wise not to cut costs in this area. 

By using an experienced business terms and conditions lawyer you'll see many benefits including: 

Customized Protection

Every product is different, and generic terms and conditions templates will not offer comprehensive legal protection. Particularly for companies that collect protected health information, data from or about children, offer Software as a Service, or allow users to post messages, a custom set of terms and conditions that addresses your unique situation is essential.

Risk Mitigation

An experienced terms of service lawyer will draft terms that limit your company's liability in many situations including service interruptions, misuse of your product, and responsibility for user-generated content.

Intellectual Property Protection

Your intellectual property (IP) includes your software, code, design, algorithms, even your logos and branding. A terms and conditions lawyer will ensure these are protected, defining ownership, licensing and restrictions on usage that offer greater protection than a generic set of terms. 

Ensuring Compliance

Achieving compliance with data privacy is something that you cannot dismiss. You must carry comprehensive privacy policies that can be easily accessed by your users. Failure to comply with data privacy laws like CCPA and GDPR can lead to massive fines and damage to your reputation.

Defining User Expectations

Terms and conditions set the foundation of your relationship with your users. Explicitly outlined terms and conditions define what users can and cannot do on your platform. This is especially important when your site or app permits user comments or other forms of user generated content. They clarify ownership, moderation policies, and ultimately who is responsible for such content. 

Establishing Service Level Agreements (SLAs)

B2B or SaaS businesses require very specific service level agreements that define performance guarantees, uptime commitments, and other standards that your clients expect regarding your performance. 

Neglecting to establish a set of terms and conditions, or using a generic template simply won't cut it in today's rapidly changing technology landscape. Laws evolve rapidly, and a terms and conditions template you found on the internet won't guarantee you any of these benefits. 

A terms and conditions lawyer's cost should not be seen as an avoidable expense, but a crucial investment in your business's legal stability. 

Choosing the Right Terms And Conditions Lawyer: Why SVTech is Your Best Choice

Choosing the best terms and conditions lawyer for your business comes down to a few key variables:

• Technology Expertise - There are many different lawyers who write terms and conditions, but few have the tech industry expertise of SVTech. For over 20 years, we have helped clients from emerging startups to Fortune 500 businesses establish a strong legal footing. We understand the intricacies of the technology industry and the importance of compliance with industry regulations that those outside the tech industry lack, like compliance with children's online privacy, payment processing, and health data. 

• Personalized Service - At SVTech, you are more than just another account. We believe in delivering personal service to our clients and that means taking the time to get to know your business. We help you understand the nuances of contract law as applied to your business so you make informed decisions about protecting your business and your IP. 

• Customized Protection - Contract law is not a one size fits all discipline. As your terms and services lawyer, SVTech will work hard to craft customized legal documents that fit your business. Whether your niche is in sensitive industries like healthcare or finance, or you collect personal data on your users, or your website hosts user-generated content, your terms and conditions will have unique needs. We see to it that these needs are extensively covered in documents created exclusively for you. 

At SVTech, we offer these qualities and more to each of our clients. 

If you've been putting off protecting your business with comprehensive terms and conditions, don't delay any longer. Every moment you operate without these essential legal protections, you put your business at risk. 

Contact SVTech today, for a free initial consultation on how we can protect your innovations as your business terms and conditions lawyer. 

Disclaimer

The information provided in this blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney to address your specific legal needs.