While researching how to start up your own website, you are more likely than not to have encountered the following expressions: “Terms and Conditions”, “Terms of Use”, and “Terms of Service”. So, what exactly is the difference between them and can you truly use them interchangeably?
In fact, there is no difference in function between these three expressions. Fundamentally, they all stand for the same legal agreement on a page on your website which should outline what you expect from your online visitors/customers and what your online visitors/customers should expect from you or your business. They determine what the user can and cannot do as well as the rights and obligations of your business and users, setting out what will happen if online visitors/customers terminate the contract or break any rule.
In other words, you should not have all three of them as separate pages on your website, rather you should choose one of them as the title for the agreement.
The only shade of difference comes into play when you have to decide which one of them to use as the title of the aforementioned agreement. This choice is, nevertheless, largely determined by your preference and what you deem as suitable considering the nature of your specific website. While there is no hard and fast rule on which expression you should use, below is a brief overview of some of the connotations associated with each title to help you choose between them:
“Terms and Conditions” is more general and might suggest that you have a traditional business model, i.e. selling of goods and services, with no software involved.
“Terms of Service” is more commonly used for B2B (business to business) software.
“Terms of Use” may be more suitable if you or your business largely offers consumer software products.
Key takeaways
- Terms and Conditions, Terms of Use, and Terms of Service are, legally speaking, the exact same thing.
- However, there are nuances in the connotations of each expression which can affect which title you choose to call the same legal agreement on your website.