Why Your Business Needs Terms & Conditions and a Privacy Policy
If your business has a website, app, or online presence, you need more than just good design. You need Terms & Conditions and, in many cases, a Privacy Policy. These aren’t just legal formalities; they’re critical protections for your business and reassurances for your customers.
Terms & Conditions: Setting the Rules
Your Terms & Conditions (T&Cs) are the “house rules” for anyone using your website, app, or services. They define what users can and cannot do, and they give you legal protections if disputes arise.
Key protections T&Cs provide:
Limit your liability if something goes wrong.
Define how payments, subscriptions, or refunds work.
Set rules for user behavior (prohibiting misuse or abuse).
Establish ownership of your content, trademarks, and intellectual property.
Provide a framework for resolving disputes (including jurisdiction and arbitration).
While not legally required, T&Cs are strongly recommended for any business operating online, because they establish clear expectations with customers and help shield you from unnecessary disputes.
Privacy Policy: Building Trust & Compliance
Unlike Terms & Conditions, a Privacy Policy is a legal requirement for many businesses — though not universally at the federal level.
You’re legally required to have a Privacy Policy if you:
Collect personal information from consumers in states with privacy laws like California’s CCPA/CPRA, Colorado’s Privacy Act, Virginia’s VCDPA, or others.
Operate in industries with federal privacy regulations (e.g., healthcare under HIPAA, financial services under GLBA, children’s data under COPPA).
List an app on platforms like the Apple App Store or Google Play, which require Privacy Policies for apps that collect user data.
Even if you’re not explicitly required, having a Privacy Policy is best practice. It builds trust, sets expectations, and can help avoid regulatory scrutiny as privacy laws continue to expand across the U.S.
Why it matters:
Compliance → Avoid penalties under state and federal laws.
Transparency → Customers expect to know how their data is handled.
Protection → A clear Privacy Policy can limit liability if disputes arise.
Common Mistakes Businesses Make
Copy-pasting policies from another website (often incomplete or outdated).
Not updating policies when new laws (like CPRA or state-level privacy acts) come into effect.
Forgetting to include policies in mobile apps, SaaS platforms, or e-commerce stores.
Hiding policies instead of placing them prominently on websites and checkouts.
How Liermo Law Helps
At Liermo Law, we provide flat-fee drafting and review of Terms & Conditions and Privacy Policies tailored to your business model and jurisdiction. As part of our subscription counsel services, we also:
Monitor changes in state and federal privacy laws.
Update your policies as your business or industry evolves.
Coordinate compliance with third-party platforms (like app stores or payment providers).
Align your contracts, website, and policies into a consistent compliance framework.