The documents a product goes to market with
Terms of Service are a contract between you and every user. A Privacy Policy explains what data you collect, where you store it and who you share it with. Both documents have to match how the product actually works.
Documents copied from another startup often describe someone else's services, someone else's jurisdiction and features you don't have. For store review and for GDPR, that's a red flag.
What's included
- Terms of Service or EULA: rules of use, subscriptions, refunds, limitation of liability.
- Privacy Policy: data, legal bases for processing, third parties, users' rights.
- Cookie Policy and the banner text.
- Data Processing Agreement, if you process B2B clients' data.
- Recommendations on consents in the interface.
What I take into account
| Question | Where it's answered |
|---|---|
| Subscriptions and auto-renewal | Terms of Service |
| Refunds | Terms of Service, in line with store rules |
| Analytics, ads, tracking | Privacy Policy and Cookie Policy |
| B2B client data | Data Processing Agreement |
| User content | Terms of Service, content licence |
GDPR for a Ukrainian product
GDPR applies if you offer a product to people in the EU or track their behaviour. Even if the company is registered in Ukraine. Then you need legal bases for processing, users' rights to have their data deleted, and a list of the services the data is passed to.
How it works
Your part: access to the product and a list of services. The rest of the arrows are mine.
Regulation (EU) 2016/679 (GDPR); Law of Ukraine “On Personal Data Protection”; Law of Ukraine “On Electronic Commerce”; App Store Review Guidelines and Google Play Developer Policy.
Frequently asked questions about Terms of Service and Privacy Policy
How much do Terms of Service and a Privacy Policy cost?
From €150. The price depends on the complexity of the product.
Do we need a Privacy Policy if we don't collect data?
Almost every product collects something: analytics, crash reports, email. The stores require a policy in any case.
Which law should the Terms be governed by?
It depends on where the company is registered and where the users are. We choose so that any dispute is one you can manage.
Can they be in Ukrainian?
Yes, and for the Ukrainian market you need an offer and policy in Ukrainian.
If an external team builds the product, check the developer agreement. For an IT company with a team in Ukraine, it's worth considering Diia.City.