Terms of Use
Drafting of Terms of Use covering website access, user responsibilities, prohibited activities, payments, IP, liability, and termination.
- Estimate Cost
- ₹5,000 – ₹30,000
- Typical duration
- 5 days
Service overview
- Legal drafting and review of Terms of Use governing access to and use of a company's website, application, online platform, software, or digital services
- The document establishes the contractual framework between the service provider and its users and may address eligibility, account creation, acceptable use, intellectual property, payments, subscriptions, user-generated content, disclaimers, limitation of liability, suspension, termination, dispute resolution, and other conditions governing use of the platform
- Electronic contracts are recognised under Section 10A of the Information Technology Act, 2000, which provides that a contract formed through electronic records cannot be denied validity merely because electronic records were used for its formation
Who needs it? / When is it needed?
- Startups, companies, e-commerce businesses, SaaS providers, mobile applications, online marketplaces, educational platforms, subscription services, technology businesses, content platforms, and other organisations providing digital services to users
- The service is particularly relevant before launching a website or application, introducing a new digital service, changing the business model, adding paid subscriptions or transactions, onboarding users, or updating existing contractual terms
What to expect from the WCP Professionals
WCP professionals support you with:
- Review of the business model, website or application functionality, user journey, services offered, payment and subscription structure, user obligations, intellectual property ownership, prohibited activities, data-related practices, liability exposure, termination mechanisms, and dispute-resolution requirements
- Identification of applicable legal and contractual considerations
- Drafting or review of comprehensive Terms of Use
- Structuring of binding provisions
- Assistance with revisions required for business or regulatory changes.
Key deliverables
Deliverables cover:
- Draft or reviewed Terms of Use
- Eligibility and account provisions
- User rights and responsibilities
- Acceptable-use requirements
- Prohibited activities
- Service descriptions
- Payment, subscription, refund, or cancellation terms where applicable
- Intellectual property provisions
- User-content provisions where applicable
- Third-party links and services provisions
- Disclaimers
- Warranties
- Limitation of liability
- Indemnification provisions
- Suspension and termination rights
- Governing law and jurisdiction
- Dispute-resolution provisions
- Amendment and notification mechanisms
- Other platform-specific contractual terms.
Standard turnaround time
- Initial drafting or review may generally be completed within an agreed professional timeline after receiving complete information about the business and digital platform.
- The timeline depends on the complexity of the website or application, number of services, payment model, user-generated content, third-party integrations, geographic reach, regulatory requirements, and number of revisions required.
Government fees, timelines & key outcomes
- No standard government fee is ordinarily payable merely for drafting or publishing Terms of Use.
- Any separate statutory, registration, licensing, professional, or regulatory costs depend on the nature of the business and applicable sector-specific requirements.
- For e-commerce businesses, the Consumer Protection (E-Commerce) Rules, 2020 apply to specified goods and services bought or sold through digital or electronic networks and impose obligations on covered e-commerce entities.
- Consumer Affairs Key outcomes include a clearly documented contractual framework for platform use, improved clarity regarding user and business responsibilities, and reduced ambiguity concerning permitted use, liability, termination, and dispute resolution.
Forms & filings involved
- Terms of Use generally do not require a standalone government filing.
- Depending on the nature of the business, separate registrations, licences, regulatory filings, consumer-protection compliance, intermediary compliance, or sector-specific approvals may apply.
- Where the platform falls within the applicable intermediary framework, relevant obligations under the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 may need to be considered.
- MeitY maintains the applicable IT Act and Rules framework and related notifications.
Documents required
- Company or business incorporation documents
- Website or application details
- Business model
- Description of products or services
- User journey and account-registration process
- Payment and subscription structure
- Refund and cancellation policy
- Privacy policy
- Intellectual property ownership details
- Third-party service and integration details
- User-generated-content functionality where applicable
- Existing Terms of Use or customer agreements
- Details of the target users and jurisdictions in which the platform will operate
What we need from you
- Complete details of the business and digital platform, services offered, intended users, eligibility requirements, account and registration process, pricing and payment structure, subscription model, refund and cancellation practices, user restrictions, intellectual property ownership, third-party integrations, content-upload functionality, geographic availability, customer-support mechanism, proposed termination or suspension rights, and any existing terms or commercial policies.
- Details of any specific business risks or operational practices that need contractual protection should also be provided.
Important conditions
- Terms of Use should accurately reflect the actual functionality and commercial practices of the website or application and should be consistent with applicable law, the Privacy Policy, refund or cancellation policies, and other customer-facing documents.
- Where the platform operates as an intermediary or e-commerce entity, additional statutory obligations may apply under the Information Technology Act and applicable IT Rules and under the Consumer Protection (E-Commerce) Rules, 2020, depending on the business model.
- Terms should not contain provisions that are inconsistent with mandatory consumer-protection, data-protection, or sector-specific requirements.
- The enforceability of individual provisions may also depend on applicable contract law, the manner in which users are presented with and accept the Terms, and the clarity of the contractual language.
Additional information
- Terms of Use are generally one component of a broader digital legal framework and may need to be read together with the Privacy Policy, Cookie Policy, Refund and Cancellation Policy, Shipping or Delivery Policy, Community Guidelines, Disclaimer, and other platform-specific policies.
- For digital contracts, the Information Technology Act, 2000 recognises electronic records in contract formation under Section 10A.
- Businesses should periodically review their Terms of Use when introducing new products, changing pricing or subscription structures, expanding into new jurisdictions, adding new data or content practices, or responding to changes in applicable law.
- MeitY's current materials also show continuing amendments and developments concerning the IT Rules and digital regulation, so treating website terms as a document drafted once and then abandoned to the digital wilderness is legally unwise.
The estimated cost covers indicative professional fees only. Government fees, stamp duty and taxes are payable at actuals.
How it works
- 1. Raise a service enquiry describing your requirement.
- 2. A Relationship Manager reviews it and opens it for bidding.
- 3. Pay into escrow and assign the professional you select.
- 4. Track progress to completion, then accept and release payment.
Frequently asked questions
Why do websites need terms of use?
They set the rules for using the service, limit liability and give a basis to act against misuse.
Are online terms enforceable?
Yes, when users clearly accept them, for example by click-wrap, under the IT Act and Contract Act.
Do e-commerce platforms need special terms?
Yes. The Consumer Protection (E-Commerce) Rules, 2020 require specific disclosures on sellers, returns, refunds and grievances.
How often should terms be updated?
Whenever the product, pricing or legal requirements change, with notice to users.