Question 1

Are Terms of Service legally required?

Accepted Answer

Terms of Service are not always legally required, but they are strongly recommended for any website or application. They define the rules of use, limit your liability, and set expectations for users. Without them, your relationship with users is governed by general contract law, which may not protect you adequately.

Question 2

What is the EU withdrawal right?

Accepted Answer

EU consumer protection law grants consumers a 14-day right of withdrawal (cooling-off period) for online purchases. During this period, consumers can cancel a purchase without giving a reason and receive a full refund. This right applies to digital services unless the consumer expressly waives it.

Question 3

Can I limit my liability in the Terms?

Accepted Answer

Yes, but with limits. Under EU law, you cannot exclude liability for death or personal injury caused by negligence, or for fraudulent misrepresentation. For consumer contracts, you cannot exclude statutory consumer rights. Liability limitations are more freely permitted in B2B contracts.

Question 4

What governing law should I choose?

Accepted Answer

For EU-based businesses, choose the law of your country of incorporation. Note that under EU consumer protection rules, choosing a non-EU governing law does not deprive EU consumers of the mandatory protections granted by the laws of their own country.

Question 5

How often should I update my Terms?

Accepted Answer

Update your Terms whenever your service changes significantly — new features, pricing changes, changes to user rights or content policies. Notify users of material changes and, where required by law, obtain their renewed consent.

Terms of Service Generator

Frequently Asked Questions