Why We Love Redesigning Terms of Use: The Biggest Opportunity in Legal Design!

1. Terms of Use: A Golden Opportunity in Legal Document Redesign

When it comes to legal documents, terms of use are one of the best candidates for a full redesign. In fact, in our Visual lawyer Bootcamp, we start our journey with terms of use redesign, precisely because they represent such a unique opportunity to make a significant impact and are easiest to use contract and legal design methods, compared to more advanced agreements. Here's why:

1️⃣ No Negotiation Required

Unlike contracts that require back-and-forth negotiation, terms of use are unilateral agreements. This means they are designed to inform users of their rights and obligations when accessing a service or product, without negotiation with individual users. The lack of negotiation simplifies the redesign process because you don’t have to worry about accommodating multiple perspectives that might arise in traditional contracts. This gives legal designers the freedom to focus on creating a document that truly works for the end user, not just the legal team.

2️⃣ Non-Lawyer Users = Clearer Communication

Terms of use are often used by non-lawyers, which means the document should be user-friendly, written in plain language, and easy to navigate. Many users struggle with understanding complex legal jargon, leading to confusion about their rights and responsibilities. By simplifying the language and enhancing the document structure, we can create terms of use that are clear and accessible to all users, regardless of their legal background.

We've seen firsthand how redesigning terms of use can lead to remarkable improvements, in very little time. In fact when we train practitioners on the contract and legal design techniques, we have observed that in as little as two weeks, participants are able to completely redesign the suggested terms of use. How? By focusing on document mapping skills, reorganizing the information flow for users and building a new information architecture. The results are outstanding! 

Optimizing these documents means less frustration for users, better comprehension, increased compliance and, ultimately, smoother interactions with the business.

3️⃣ Legal and Business Benefits

In many jurisdictions, there’s a legal requirement for terms of use to be clear and transparent. This ensures that users can comprehend their rights and responsibilities without confusion, which, in turn, benefits businesses in several ways:

• Enhances Trust: Transparent terms make users feel that the business is ethical and honest, which builds customer loyalty and improves brand perception.
• Reduces Confusion: By eliminating ambiguity, businesses minimize misunderstandings, leading to fewer disputes and clarifications needed from support teams.
• Speeds Up Business Processes: Clear terms streamline the customer journey, making it easier for users to onboard or make decisions, saving both time and resources.
• Minimizes Legal Risk: A well-structured, transparent agreement reduces the likelihood of legal disputes by clearly outlining obligations and reducing gray areas that could be subject to interpretation.
• Improves User Experience: By making the document easier to understand, businesses can boost user satisfaction, confidence, and interaction with their services.

4️⃣ Creative Freedom to Innovate

Because terms of use are unilateral agreements, they present an opportunity to push the boundaries of legal document design. You’re not restricted by the demands of a negotiating party, so you can be more innovative. You can incorporate visuals, interactive elements, and summaries to break down complicated concepts into bite-sized, understandable pieces. This creativity doesn’t just make the document easier to use—it transforms the user experience entirely.

Imagine a terms of use agreement that feels like a guide, not a wall of text. One that uses icons to highlight key points, or interactive elements to let users click on sections they need to understand better. This type of redesign can significantly enhance the way people interact with legal documents online, especially since these agreements are typically read on screens—whether desktops, laptops, or mobile devices.

In summary, terms of use offer an unparalleled chance to redesign legal documents with user experience at the forefront. Redesigning these documents—whether through rethinking their structure, optimizing the language, or incorporating interactive elements—benefits both businesses and users alike.

However, you cannot just rely on your own assumptions about what works better when redesigning; it’s essential to test with users. Gathering feedback from actual users helps validate your redesign choices and ensures the new document better meets their needs effectively. This is crucial for creating a truly user-centric experience. In the next section of this article, we will delve into the importance of usability testing and how it can significantly enhance the effectiveness of your redesigned terms of use.

2. Why Testing Terms of Use is Essential to the Redesign Process

One of the biggest mistakes legal professionals make when redesigning terms of use is assuming they know what users want. As lawyers or designers, we might feel confident about knowing what users need. But here's the thing: just because it makes sense to us doesn't mean it will work for the people who actually use it. Without testing the document with actual users, you risk creating something that might look great but doesn’t actually serve its purpose. This Why Testing Your Redesigns is Crucial. By gathering user feedback is critical to the redesign process—testing validates your work and provides insights you wouldn’t get otherwise.

When we work with terms of use or any other kind of documents inside our courses and programs, we test every aspect of the redesign: Can users easily find what they’re looking for? Are the key section findable and understandable? Is the language clear? This feedback ensures the terms are not just effective but user-friendly.

User testing also helps businesses understand what’s important to their users. For example, when we test terms of use, you might find that users prioritize understanding their rights in case of a problem—like refunds or limitations of liability. Making these sections easy to locate and clear to comprehend avoids frustration and builds trust.

By gathering user feedback, you ensure that you’re addressing what matters most to users, reorganizing the flow of information in a logical way for them, hence reducing friction and making the agreement more transparent and effective. The end result? A terms of use document that users can actually understand and feel confident in using and that speeds up the business.

3. How to Measure the Success of Your Terms of Use Redesign

A successful redesign of terms of use isn’t just about making the document look better or sound friendlier— it’s about improving the overall user experience and aligning with business goals. But how do you measure the success of a redesign?

Here are a few key metrics:

1️⃣ User Satisfaction: Are users finding the document easier to read and understand? This can be measured through surveys or feedback during user testing. If users feel confident navigating and comprehending the terms, that’s a sign your redesign is working.

2️⃣ Legal Clarity: A redesigned terms of use should still maintain legal precision. Work with legal professionals to ensure that simplifying the language doesn’t water down the legal obligations and protections in place.

3️⃣ Speed of Onboarding: Clear and concise terms of use help speed up the onboarding process. If users can quickly understand the agreement, they are more likely to sign up and move forward with your product or service.

4️⃣ Customer Support Inquiries: Has there been a decrease in the number of customer support requests related to terms of use? A well-designed document should reduce confusion and minimize inquiries from users seeking clarification.

5️⃣ Compliance and Legal Risk: Well-designed terms of use reduce the risk of legal disputes. Fewer misunderstandings and clearer responsibilities mean that businesses are less likely to face legal challenges over ambiguous language or unclear obligations.

By focusing on these metrics, you can ensure that your terms of use redesign isn’t just aesthetically pleasing but actually improves both the user experience and the business's operational efficiency.

This is exactly what we’re doing with Contract Nerds (upcoming) new Terms of Use, and we'd love to hear your thoughts on the redesign to ensure the new terms meet your needs! Plus, we’re focused on making the terms fair, transparent, and balanced, and your input will play a key role in achieving that. Your opinion matters! 

Take Action Now!

Feedback needed for the (upcoming) new Terms of Use for Contract Nerds! Please schedule a chat with us here 🗓️ After booking, you’ll receive an email outlining what to expect—no prep needed! Your feedback is crucial for improving your experience!  

Plus, we have a little incentive for those who successfully conduct their test sessions by October 17th, 2024.  Everyone who books and completes their session will be entered into a drawing for a special mug. Don’t miss your chance! ☕🎉

Prefer to learn how to redesign documents and run the tests yourself? 💻 Join the next Visual Lawyer Bootcamp to learn the techniques for redesign and testing legal documents - You will get 5 core modules you can access on the platform, 60+ visual templates, ready-to-use professional document layouts and even the ability to join live hands-on sessions, get personalized feedback and ongoing support.

Questions? Feel free to email me at [email protected]. We appreciate your contribution and can’t wait to hear your insights. Until next time, keep testing and designing! 🎨📜