a terms and conditions agreement (also known as a terms of use or terms of service agreement) is a legally enforceable agreement that lays out the rules users must abide by in order to use a website, mobile app, or service. that said, having a terms and conditions agreement in place is highly encouraged and recommended because it’s in the interest of your company to limit your liability and minimize potential misuse of your services. including a governing law clause in your terms and conditions agreement clearly states which laws will apply in the event of any legal disputes. the use of website clause is an important part of the terms and conditions agreement because it defines the rules.

1.3 any deviating terms and conditions of the customer as well as any deviations and/or amendments to this agreement shall only become part of this agreement if they have been expressly acknowledged by adjust in writing (email is sufficient). the customer also assures that the transfer of personal data from adjust to the customer is legally permissible within the agreed extent. 4.9 the customer is obliged to protect its own data by taking appropriate measures and by regularly making backups of its data. after having set the customer a reasonable deadline and expiration of that deadline, adjust has the right to terminate this agreement with immediate effect. the same applies to any damages resulting from a usage that is not in accordance with adjust’s instructions and recommendations or any other unauthorized usage. if the customer terminates this agreement disregarding such exclusion, then the customer shall be subject to a contractual penalty in the amount of the outstanding payments. the customer hereby commissions adjust to process personal data on its behalf by concluding a separate agreement in accordance with the scope and the conditions of the annex “contractual terms and conditions for data processing”. 12.5 in case of a merger or acquisition, the customer is nevertheless obliged to fulfil all of its obligations under this agreement.

a terms and conditions agreement outlines the terms that visitors must agree to if they want to interact with your website. it’s very helpful to set out a clause (or clauses) at the very beginning of the agreement explaining what the agreement is, who it applies to, and when the terms are triggered. they are an opportunity to set out the rules that you expect users to abide by, and what the consequences will be if the user violates these rules. clearly, a broadly worded clause like this one benefits you as opposed to the user, and we recommend including a clause of similar wording in your terms agreement.