privacy terms-of-service disclaimers
Is there some kind of universal Terms of Service and Privacy policy to disclaim any kind of liability while testing startup ideas?
<p>I've seen this kind of disclamer a lot:</p>
<blockquote>
<p>THE SOFTWARE IS PROVIDED &quot;AS IS&quot;, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.</p>
</blockquote>
<p>I'm testing all kinds of startup ideas. Only software so far.
I'm spending way too much on lawyers to write custom ToSs, Privacy Policies and Disclamers to satisfy Google Play, App Store, Chrome Store, various payment processors and all kinds of GDPR-ish laws.</p>
<ol>
<li>Can I use this or something similar as Terms of Service and be 100% free of any liability from causing any damage to users? I understand, that there will be plenty of people turned off by this kind of ToS, but I'm sick of spending time on bureaucratic nonsense while just testing MVP. I'm willing to write proper ToS for a specific project once it finds market fit.</li>
<li>Is there something similar for Privacy Policy?</li>
</ol>
<p>Preferably, I need these docs to be accepted by the service providers listed above. Or at least some of them.</p>

<h2>No</h2>
<p>Under Australian Consumer Law, the supply of goods and services comes with <a href="https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees" rel="nofollow noreferrer">consumer guarantees</a> which cannot be excluded by contract. Indeed, purporting to exclude them falls foul of the prohibition on deceptive and misleading conduct in trade or commerce in the same law.</p>
<p>Note that “consumer” is broadly defined an captures many business to business transactions. Also, the guarantees exist on “supply” of the goods and services irrespective of if they are supplied under a contract or given away.</p>
<p>This is just one example from one jurisdiction of why such blanket clauses don’t exist.</p>
