Have you a TOS / Privacy Policy for your site/product?

by severt
6 replies
I'm about to launch my newest software product in March 2009.
However, did you guys know that creating a good TOS / Privacy Policy is VERY expensive?
I just got a quote from a firm that told me it's going to cost me $3000 dollar to get it done correctly. They say that a lot of free TOS / Privacy policy's are wrong and in case something happen you have nothing...

I hope a few people can suggest things to me how to do this right.

Thanks!
#policy #privacy #site or product #tos
  • Profile picture of the author kindsvater
    Unless you have one incredibly complex product with unique issues and concerns, you've apparently been quoted by someone who does not know what they are doing and they included legal research in their bid. Get some more quotes.

    But they're right about the free tos floating around. They can be worse than not having one at all. I've seen it happen.
    {{ DiscussionBoard.errors[371798].message }}
  • Profile picture of the author severt
    Kindsvater thanks for your reply.

    Can you give me some company names where I can get a quote from?

    Thanks!
    Signature
    Never overlook the chase for the almighty dollar.
    {{ DiscussionBoard.errors[371806].message }}
  • Profile picture of the author Debbie Songster
    Because you have a software product, your TOS will probably be a little more complex than for the average product. Also you need to consider whats appropriate for your country.
    I suggest you study the TOS of other top software retailers and note what they focus on. Find ones in your country to model after.

    I'm not saying copy their TOS but if you look at 5 or 6 you will probably see common phrases and clauses that you should consider using.
    Draft your own based on what you see and what you know about your product.
    As for the privacy policy - do the same thing - look for common phrases and clauses.
    The privacy policy outlines what information you collect and what you do with it (or don't do with it)

    Write your own and then get your legal advisor to review it to make sure its complete (vs having someone write it for you from scratch).

    The problem with the free TOS you find floating around is that they are generic and should be viewed as just a "template" instead of being ready to use right out of the box.

    I hope that helps
    Signature

    Getting back in the grove after taking a year off following a family tragedy.

    {{ DiscussionBoard.errors[371842].message }}
  • Profile picture of the author severt
    Thanks guys for your comments.

    Since I'm from the Netherlands and my target audience is for 80% in the US I think the lawyers in my country can't do much with it.

    Is it illegal to copy/paste the documents from my competitor?
    Does that count as piracy?

    It's so much easier to just copy / paste and change the name then
    create a new one right?
    Signature
    Never overlook the chase for the almighty dollar.
    {{ DiscussionBoard.errors[371935].message }}
  • Profile picture of the author Debbie Songster
    Copy and paste from a variety of sources as a resource file then rewrite the material.
    Never use someone else's material.
    However, having said that there is only so many different ways a person can write " We collect your name and email address but never rent, sell, or loan our customer list"
    You need to use your best judgment but don't plagiarize.

    I'm not a lawyer but I think you need to write out some "what if scenarios" and run them by a lawyer in your country to see where you stand legally.

    If you were selling an ebook or buttons it would be simpler but you are selling software. Software is installed on the buyers system...
    Don't reinvent the wheel - what do other software sellers in your country use for the TOS?
    Your Privacy policy is more straight forward - thats pretty universal for most products.
    Signature

    Getting back in the grove after taking a year off following a family tragedy.

    {{ DiscussionBoard.errors[372037].message }}

Trending Topics