What terms of service are
Photo: Avila Ops Tecnologia
Terms of service, or terms of use, are the public contract between your business and buyers or users. They state inclusions, exclusions, deadlines, payment, exchange and cancellation policies, and what happens when something goes wrong. Customers accept when purchasing or using the service.
For small businesses, terms distinguish “we agreed” from “it is written.” Almost every dispute starts with an unwritten expectation. Clear terms reduce disputes and provide evidence before Procon.
What should terms include?
What customers ask before closing, in order:
- Deliverables and exclusions. “Website up to five pages; customer supplies text” is clear.
- Deadlines and causes of delay. State dependencies on customer materials.
- Payment: amount, method, installments, consequences of lateness.
- Cancellation and withdrawal: remote purchases allow seven days from receipt or contracting under article 49 of Brazil’s Consumer Protection Code (Law 8.078/1990). Terms cannot reduce this.
- Exchanges and warranties: deadlines, product condition, shipping responsibility. Statutory warranties of 30 days for nondurable and 90 for durable goods always apply; yours only adds to them.
- Responsibility: your limits. A replacement-part store is not responsible for third-party installation.
- Contact and jurisdiction: resolution email and dispute city. Consumers may still sue in their own city (article 101).
Write in plain Portuguese: article 46 says clauses that obstruct understanding do not bind consumers.
Can terms contradict the Consumer Protection Code?
No. The Code overrides your terms. A clause removing statutory rights, such as seven-day withdrawal or legal warranties, is void even if accepted.
An online supplement store’s “no returns accepted” clause is void. It can write: “Withdrawal within seven days of receipt, with a full refund including shipping.”
What to do now
Write the seven blocks on one page. Link in the footer and before checkout. In E-Commerce, terms, privacy, and exchange pages are included, and the store launches in one day with no sales commission: avilaops.com/loja-virtual or WhatsApp: wa.me/5517997811471.
Frequently asked questions
Do service providers need terms or is a contract enough?
A signed customer contract is ideal. Public terms serve website or WhatsApp deals without formal contracts.
Are terms and privacy policy the same page?
No. Terms cover business rules; privacy policies cover personal data. See What a privacy policy is for.
Can I copy another company’s terms?
Borrow the structure, not the content. Terms must describe your deadlines, product, and warranty. See Warranties: how to offer them without exposure.
Turn what you learned into your next step.
Tell us about your company and what you want to improve. We can explore the right tools, integrations or custom project together.