Monday, February 24, 2020

Free ToS Generator Reviewed:

My evaluation of the Sample ToU created with that free generator here.

First thing I noticed is that their free T&C template  is a lightly reworded copy-paste version of Cooley GO's.  Ironically, doesn’t have its own Terms of Use and no contact info. In description, they make an incorrect reference to European law (Electronic Commerce Regulations) and yet the Terms are written under US law (because they are copy-pasted from a US law firm). So, how does this botched copy-paste job stack up against other free online T&C generators?

  • What liability protections are included? Disclaimer of warranty, limitation of liability, indemnity. 
  • Free preview without having to fill in fields or give email? Yes.
  • Appears professionally-written?  Yes.
  • Plain English? NoLegalese. 
  • Explanations/instructions? No
  • Level of customization? Low
  • IP ownership provisions? Yes.
  • IP provisions for user-submitted content? Yes. 
  • Acceptable Use Policy? Yes.
  • Procedures re copyright infringement? Yes.
  • Right to modify Terms at any time? Yes.
  • Right to terminate/ban any user account at any time? Yes.
  • Governing Law set close to your headquarters?  No.  For the US users, "any hearing will be held in a location within 100 miles" of the end user's residence. This is a bad provision that could result in a situation where you will have to go to the other side of the country to resolve disputes if the complaining user lives there. 
  • Arbitration clause included? Yes, but it's too complex for users of free ToS generators
  • Ecommerce-specific provisions? No.

(Botched copy-paste job)