Drafting Website and Mobile App Terms of Use, Privacy Policy, and IP Protections

Website and mobile app terms of use outline how visitors may use a company’s website or app and when their right to use may be revoked. Terms of use may create a binding and enforceable contract between businesses and users of their website or app when the user has actual knowledge that the terms of use are binding.

Counsel drafting website and mobile app terms of use should individualize the terms of use for each business and include well drafted and reasonable language regarding limitation of liability, indemnity and mandatory arbitration/class action waivers. Counsel must also ensure that terms of use are located in a conspicuous place on the website or app.

The panel also reviewed other issues, such as:

• How to ensure that website and mobile app terms of use are binding on users
• Language to include in terms of use to effectively limit liability and mitigate risk exposure
• Considerations and best practices for drafting privacy policies
• How to protect a business’ IP when creating and maintaining a website or mobile app