Legal disclaimers are a necessary part of protecting your legal rights. When you publish materials on apps and/or websites, it’s important to include a disclaimer so that readers understand the limits to which they can use or rely upon the provided information.
Why Are Disclaimers Important?
Legal disclaimers are meant to provide an additional layer of protection that can limit your liability if someone misuses or is harmed by the material you have published. Even though they’re not foolproof, legal disclaimers can help protect you in the event of a lawsuit.
If you don’t put a legal disclaimer on your website, app, document, or other material, you risk exposing yourself to a greater degree of liability. For example, in a situation where someone misinterprets the material and suffers a loss as a result, you’ll be held liable for their losses.
When Should You Use a Disclaimer?
You should consider using a legal disclaimer anytime you publish materials that may be misinterpreted or misused. This can be anything from blog posts to software applications, from product descriptions to newsletters. Whenever you’re providing information that could affect someone’s decision-making process or their ability to use your material safely and correctly, it’s important to protect yourself with a legal disclaimer.
Should Disclaimers for Apps and Websites differ?
While the purpose of disclaimers for both apps and websites is similar, they may need to be customized depending on the platform. Apps often have specific user interactions, such as location tracking, in-app purchases, device integrations, which may not be relevant to websites. On the other hand, websites typically require disclaimers addressing broader functionalities, like user-generated content or e-commerce activities.
Disclaimers for Apps: Key Things to Remember
Creating a disclaimer for an app involves anticipating how users interact with it. Therefore, pay attention to:
- Liability Limitations. It should be clear what your app is and isn’t responsible for. If your app provides data or recommendations, clarify that these should not be solely relied upon without professional advice.
- Third-Party Services. If your app integrates with external services or APIs, disclaim any responsibility for their functionality or reliability.
- User Obligations. Users should understand what is expected of them — generally, providing accurate information or using the app as intended.
Ensure the disclaimer is easily accessible within the app — during onboarding or in the settings menu — and use language that is straightforward but legally sound.
Disclaimers for Apps and Websites: What to Include
At the very least, a comprehensive disclaimer should address the following:
- Purpose and Limitations: Explain what your platform offers and the extent of its reliability.
- Liability Exclusions. Specify situations where the company cannot be held responsible, such as data inaccuracies or system downtimes.
- Jurisdictional Compliance. Align the disclaimer with legal requirements in your operating regions, especially if you serve a global audience.
- Intellectual Property. Include statements about the ownership of content and protection of proprietary assets.
Remember that you should also provide any other relevant disclaimers, depending on your specific situation. Each situation is unique and your legal disclaimer should be tailored to reflect that. If you’re unsure about the specific language to include in your disclaimer, it’s best to consult with an attorney who can provide guidance and advice. Doing so will help ensure that you’ve included all the necessary elements and provided your readers with clear information.
Additionally, there are services like FormsPal that can help create a customized disclaimer suitable specifically for your needs, or provide you with a template. Using prepared documents and editing them according to your business really simplifies the task and saves quite a lot of time.
Copying Somebody Else’s Disclaimer: Consequences
Every document and website is (at least, should be) unique, and the language you use should reflect that. Additionally, copying someone else’s disclaimer could potentially expose you to liability if their language doesn’t accurately reflect your specific situation.
There’s also the risk of violating copyright laws, as disclaimers can very well be protected intellectual property. Copying someone else’s wording could lead to legal disputes, damaging your business’s reputation and incurring penalties.
Another significant issue is compliance, and it’s a complicated area, especially in the US. A copied disclaimer may not account for the latest legal requirements in your jurisdiction, exposing your business to non-compliance risks. For example, CCPA violations can result in hefty fines.
Where to Put a Legal Disclaimer?
Another important aspect of creating a legal disclaimer is making sure that it’s prominently displayed on your document or website. By “prominently” it means somewhere, where it’s easy to find for the readers.
You can also consider adding a link to the disclaimer in any emails you send out that contain links to the content on your site. Then readers will more likely take time to read and understand your disclaimer before relying on the information you’re providing.
The Bottom Line
By including a legal disclaimer on your app or website, you’re protecting yourself and your readers as well, making sure everyone understands the limits of what you can provide. Taking the time to create a comprehensive disclaimer will help ensure that all parties are aware of their rights and responsibilities when using your material.
With over a decade in the tech field, Bogdan blends technical expertise with insights on business innovation in technology.
A regular contributor to TMS Outsource's blog, where you'll find sharp analyses on software development, tech business strategies, and global tech dynamics.
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