Don’t read T&Cs, read War and Peace
By Tea Taneski
What?!
You could read War and Peace eight times over in the time you save not reading T&Cs. Research has found that 97% of us agree to Terms and Conditions whilst using online services without reading them. Terms and Conditions (commonly referred to as T&Cs, Terms of Use or Legal policy disclosure page), are a legally binding form of a digital contract. They are used to present the terms which come with using a service and are something most of us have agreed to numerous times in the past, most often only skimming through tens (or even hundreds) of pages of legal jargon.
The average American would need to set aside almost 250 hours to properly to read all the digital contracts they accept while using online services.
Major corporates are aware that the unknown risk of not reading the T&Cs is far lower than the known time cost of reading them, given that we probably won’t understand them anyway. Many of these companies rely on us to do what everyone else seems to be doing, and not read the Terms of Use.
98% agree to give up their first-born child
An experimental survey by Jonathan Obar from York University and Anne Oeldorf-Hirsch from University of Connecticut has shown that 98% of participants are ready to (unknowingly) agree to give up their first-born child as a payment for the use of services. Although that is an experimental example, there are many ways in which user’s agreement to these terms can be exploited — most commonly by taking their personal data and using it for a whole variety of purposes that we might not have imagined or expected. Nowadays, with a rise in cloud computing, there are ever more opportunities for companies to use and distribute their customers’ information without the users being fully aware of the ramifications this could cause.
Digital customers should be conscious of what they are agreeing to and of all the ways their personal information is being used. But how can design aid this?
A LOT of information
Some common characteristics of the usual T&Cs design:
· a LOT of information,
· incomprehensible language for most users,
· muddled information,
· no navigation,
· poor text formatting,
· and, worst of all, not even giving the user an option to agree to T&Cs prior to acting but writing something alongside: “By clicking Register you agree to Terms of use…”.
5½ design suggestions
Good design brings revenue through increased customer satisfaction and brand loyalty. Designing good T&Cs could ultimately win you more business, make users happier with your products and reduce the number of calls to your service desks. This all happens because the Terms of Use are basically guidelines for using a service; improper use just creates problems — both for the end user, as well as the company.
· Add a table of contents — to have an overview and more easily navigate. This will help the users more easily find the information, as well as create a mental map of the content. There are many opportunities to format the pages as free as possible:
· Include a simplified version — using layperson’s terms or summarising the text makes the T&Cs available to a wider public. It also saves precious time, and they say time is money. (Don’t forget to inter-link different parts of the page.)
· Be inclusive — The needs of people who are visually impaired, have difficulty understanding legal language, or have any other nuanced needs are most often completely disregarded. It is also necessary to check the age and education of users necessary to understand the content, to consider a flexible range of text sizes and typefaces and other forms through which information can be conveyed. It is very difficult to find any examples of this practice in real life; however, one digital bank has included an audio recording which enables the user to listen to all the terms and conditions mentioned in the contract.
· Use visual cues (illustration) and forms — be inspired by airline’s safety videos; add some visual elements and drama! Some examples are visual mapping, illustration, or even emoticons; aim to psychologically engage the user. So — be creative and make it fun! (Whilst still providing inclusivity and functionality of the design.)
· Promote collaboration between UX designers, copywriters, and legal specialists — T&Cs are often only written by the legal team (and in some cases even just copied from other digital services!). This isolation leads to a profusion of the aforementioned problems. A more holistic approach to writing and presenting the Terms of Use would combine the expertise of designers and legal experts thus emphasising the users’ needs.
·Introduce industry standards — an additional suggestion, which surpasses the design sphere, is to introduce industry-wide standards of data security display (potentially in infographic form). Having a short, familiar, and easily understandable label would play a major role in bridging the gap between the user and the often-unfamiliar legislative content. There is already a website called “Terms of Service Didn’t Read” which grades T&Cs from popular online services based on the user information privacy concerns.
But what is the brand value, actually?
Ethical brand behaviour contributes to more positive customer perception. For example, sustainable brands, such as Patagonia and Beyond Meat have an almost cult-like following due to sticking to their ethical principles; customers perceive them as reliable and trustworthy. Because of the strong customers’ incentive to buy their products, these companies can have premium prices whilst still surpassing the competition. All in all, it should be kept in mind that T&Cs are a legal document which serves to protect both parties, and therefore should not be seen as an obstacle, but a secure pathway to providing and using (digital) services. Good luck and by reading this you have agreed to at least think about the design of Terms and Conditions! 😉
By Tea Taneski— Deloitte Digital
