Legal Question in Technology Law in New York
terms of service for free website portion of product?
Hi,
I've written software for cell phones
which lets users create visual image
patterns for fun. I'll be selling this
software for some small fee. I added
a complimentary website to go with
the software, so users can upload
their patterns to share with other
users. Can a user cause any harm to
me if I decide to terminate the free
website service? If the fees are too
high for operating the website, I may
discontinue it. However, the software
on their cell phones for making the
patterns is usable forever, and has
nothing to do with the website
(again, this is just like a bonus for
fun).
If they can sue me or cause other
damages, what might they be?
Would a terms of service solve this
issue?
Thank you
2 Answers from Attorneys
Re: terms of service for free website portion of product?
You need a well-organized and drafted terms of service click-through agreement. This will solve your problem.
Re: terms of service for free website portion of product?
I would simply make it clear that it is for a limited, uncertian time, and explicitly disclaim all warranties.
You can do that in a variety of ways. Also you can put an agreement that the user can't rely on the free website, on the website itself as a precondition of use. Make sure they can't use the site or software unless they agree.
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