Terms of service are the legal agreements between the provider of a service—such as a website—and the users of the service. When a user is given proper notice of these terms and agrees to or accepts the terms by some affirmative act, such as continuing to use the service or ticking a box to indicate agreement, the parties form an enforceable contract regarding the user’s use or purchase of the product or service. Terms of service are also commonly referred to as terms of use, terms and conditions, or abbreviated as TOS or T&C.
In Georgia, as in other states, terms of service (TOS), also known as terms of use or terms and conditions, constitute a legal agreement between a service provider and the user. These terms outline the rules and guidelines that users must follow to use the service, and they often include provisions related to privacy, user behavior, and intellectual property. For the agreement to be enforceable, the user must be given proper notice of the terms and must agree to them through an affirmative act, such as clicking a checkbox or continuing to use the service. This forms a binding contract under Georgia law, provided that the terms are reasonable, the user has had an opportunity to review them, and the agreement does not violate any laws or public policy. It is important for service providers to ensure that their TOS are clear, accessible, and prominently displayed to users to ensure enforceability. If a dispute arises regarding the terms, Georgia courts will generally look to contract law principles to resolve the issue.