Terms of service you can actually read

It might seem strange to write a blog post congratulating someone on writing good terms of service, but I’m going to do it anyway.

Editorially is a collaborative writing and editing service. You can use it to write something, send it to colleagues, have them edit or give feedback. It is Microsoft Word’s Review tab done properly.

Today they posted about their terms of service. You know—those ghastly pages you see linked to in a website’s footer, or the thing you check the box to say you’ve read when you haven’t. The reason we don’t read them is that they’re often impenetrable, doused in legalese and written in tiny all-caps.

Their desire was to make it completely human readable and understandable, to challenge the boilerplate text we usually see when we bother to look at other ToS:

[Keeping it readable] is the first, most difficult, and most important goal when drafting terms. There is no legal reason for your terms to be opaque or confusing. Approach the writing process the same way you would any other communication with your users: use plain language, and speak like a human. Keep your sentences short and simple. Make generous use of numbered and bulleted lists where possible.

Don’t assume that commonly-used legalese is required; much oft-repeated language is the result of laziness, not a legal mandate. If your lawyer suggests language that’s thick or confusing, ask for clarification about why it’s needed, or what it intends to communicate. Then translate that into language you’d be comfortable using if you were sitting across a table from a colleague or friend.

Most of their advice is best practice for writing on the web in general—keep it short, stress the important things, make yourself understood.

The whole thing is available under a Creative Commons licence, so there’s no reason why the ToS for your website or service can’t be just as readable.

I’m not suggesting this is the most interesting, amazing thing you’ll read today—hell, you’ll read something in the next hour that is better. But these ToS are increasingly important as we give use more services and give more data away. We frequently have to adhere to statements we don’t or can’t understand, so it is refreshing for Editorially to tell us exactly what we’re getting ourselves into.