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Terms Of Use Agreement

Terms Of Use Agreement Template for United States

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Key Requirements PROMPT example:

Terms Of Use Agreement

"I need a Terms of Use Agreement for my new mobile app launching in March 2025, which will collect user data and allow user-generated content sharing between users aged 13 and above in the United States."

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Document background
The Terms of Use Agreement is a fundamental legal document required for any online service, website, or application operating in the United States. This contract establishes the rules and guidelines for service usage, protecting both the service provider's interests and user rights. It addresses crucial aspects such as data privacy, intellectual property rights, liability limitations, and compliance with federal regulations like CFAA, COPPA, and state-specific laws. The document should be regularly updated to reflect changes in legal requirements and service offerings.
Suggested Sections

1. Parties: Identifies the service provider and user/customer

2. Background: Brief context about the service and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Details of what services are being provided and how they may be accessed

5. User Obligations: User responsibilities, acceptable use policies, and account management requirements

6. Intellectual Property Rights: Ownership and usage rights of content, services, and related intellectual property

7. Privacy and Data Protection: Data collection, usage practices, and compliance with privacy laws

8. Limitation of Liability: Limits on service provider's liability and warranty disclaimers

9. Term and Termination: Duration of agreement and conditions for termination or suspension

10. Governing Law: Applicable jurisdiction and dispute resolution procedures

Optional Sections

1. Payment Terms: Terms related to pricing, billing, and payment processing for paid services

2. Age Restrictions: Specific terms regarding minimum age requirements and restrictions for service use

3. DMCA Compliance: Copyright infringement procedures and takedown notices for user-generated content

4. International Use: Specific terms and restrictions for users accessing the service from different countries

5. Third-Party Services: Terms relating to integrated third-party services and corresponding limitations

Suggested Schedules

1. Privacy Policy: Detailed privacy practices, data handling procedures, and user privacy rights

2. Acceptable Use Policy: Comprehensive rules and guidelines for service usage and prohibited activities

3. Cookie Policy: Detailed information about website cookie usage and management

4. Service Level Agreement: Performance metrics, service standards, and uptime guarantees for business services

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Computer Fraud and Abuse Act (CFAA): Federal law addressing unauthorized access to computer systems and cybersecurity requirements

Electronic Communications Privacy Act (ECPA): Federal law governing protection of electronic communications and data privacy considerations

Children's Online Privacy Protection Act (COPPA): Federal law regulating services accessible to children under 13, including parental consent requirements

Americans with Disabilities Act (ADA): Federal law mandating website accessibility requirements and non-discrimination provisions

Digital Millennium Copyright Act (DMCA): Federal law covering copyright protection, safe harbor provisions, and takedown procedures

CAN-SPAM Act: Federal law regulating email marketing and commercial communication rules

Federal Trade Commission Act: Federal law addressing unfair and deceptive practices and consumer protection

California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): State laws applicable to California residents regarding data privacy and consumer rights

California Online Privacy Protection Act (CalOPPA): State law establishing privacy policy requirements and disclosure obligations

State Data Breach Notification Laws: Various state laws governing data security requirements and breach notification procedures

General Contract Law: Common law principles covering contract formation, enforcement, consideration, and capacity to contract

Uniform Electronic Transactions Act (UETA): State law governing electronic signatures and electronic records

HIPAA: Healthcare Industry-specific regulation governing protected health information

GLBA: Financial services industry-specific regulation governing consumer financial privacy

FERPA: Education industry-specific regulation protecting student education records and privacy

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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