The product works, the site is ready, and only “a couple of boring documents” are left. Terms of Service and a Privacy Policy are often copied from a competitor with the company name swapped. We go through how Terms of Service and a Privacy Policy differ, what each should contain and why a copied template is risky.
Checked on 21 October 2026. Rules and sources are current as of this date.
Terms of Service: the rules of your service
Terms of Service (ToS), also called Terms of Use, is a contract between you and the user. It sets the conditions on which a person uses your service and becomes your anchor when a dispute arises.
Without it every disagreement is settled case by case, with no agreed rules to point to. A good agreement answers the questions of your own product instead of repeating generic wording.
Access and conduct
What users may do, what is prohibited (spam, illegal content, hacking attempts) and when you may restrict access.
Money
Payment and subscription terms, auto-renewal and refund rules.
Content and rights
Who owns the content users publish and what licence to use it you receive.
Liability
The limits of your liability, for example for service outages, and how disputes are resolved.
Privacy Policy: what you do with data
A Privacy Policy is a public document about what data you collect and why. It is not a formality: the law, app stores, analytics and advertising services all require one.
Almost any project collects more data than it seems: email and name at sign-up, payment details, cookies and analytics, location, uploaded contacts and device data.
What data you collect and why, on what legal basis, where and for how long you keep it, who you share it with (payment and analytics providers, contractors) and what rights users have: access, correction, deletion and a copy of their data.
They depend on where your users live: GDPR (EU General Data Protection Regulation) in Europe, Federal Law No. 152-FZ in Russia, US state laws such as the CCPA (California Consumer Privacy Act) in California. A single template rarely covers every market.
Why “copy and paste” does not work
A document is not there to tick a box. It is there so you can use it when it matters.The LegalBit team
We will review your situation and propose a solution for your project.
How we prepare the documents
We do not drop a name into a template. First we work out how the project operates and how it earns, and only then write the documents for it.
We study the project
How the service works, what you sell and how you monetise.
We map the data
Every point where data is collected or processed, including third-party services.
We identify the law
The legislation of the markets where you operate.
We draft the documents
ToS and Privacy Policy that are consistent with each other and with how the service really works.
Prepare the documents before launch: platforms review them at publication, and changing terms for users who have already signed up is harder. More about the service: Contracts and documents and IT and SaaS.
Common mistakes in the documents
Another company’s names and clauses
The text still carries another company’s name, foreign addresses and terms your service does not have.
The policy contradicts practice
The policy says data is not shared with third parties, while the service uses analytics, advertising pixels and payment providers.
The document is hard to find
Links are buried and consent is worded unclearly. Users should see the terms and agree to them explicitly.
Documents are never updated
A new feature launches, a contractor or a market is added, and the text stays the same.
When to update the documents
Documents live alongside the product. Review them when what they describe changes: new features and ways to monetise, a launch in a new country, new analytics, advertising or payment services, a change in the law or a data incident.
Tell users about material changes in advance and keep the date and version of every document. It makes it easier to show which terms a person agreed to.
Frequently asked questions
Do I need both documents?
Yes, they do different jobs. Terms of Service govern your relationship with the user, while a Privacy Policy describes how you handle data. If you collect even an email or cookies, you need a privacy policy.
Can I use a template as a starting point?
As a starting point, yes, but only if a lawyer reviews it and rewrites it for your project. The most dangerous thing is to paste a text unchanged: it carries someone else’s processes, data and jurisdictions.
Do I need a policy if there is no registration?
Yes, if you use cookies, analytics or advertising pixels: that is already data processing.
What happens if there is no policy, or it is wrong?
Regulators may fine you, app stores may refuse to publish your app, analytics and advertising services may cause problems, and users may lose trust. In Russia, Roskomnadzor can restrict access to a site.
When should I prepare the documents?
Before launch. Platforms check the policy at publication, and changing the terms for users who have already registered is harder.
See also: EU AI Act checklist for IT companies and SaaS developers; The High Stakes of Digital Marketing: What to Check Before You Launch a Campaign; Hiring a Software Contractor: Who Owns the Code. Services: legal services for IT and SaaS.
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