# POL-213 — The terms should allocate risk

> The terms of service must include a disclaimer of warranties, a limitation of liability and an indemnity.

- **Rule ID:** POL-213
- **Layer:** Policy pages (`POLICY_PAGE`)
- **Checks:** `terms of service body`
- **Severity:** MEDIUM — Usually survives review, but lowers your trust score or invites manual review.
- **When it bites:** Gates approval — get this wrong and registration is refused
- **How it is detected:** AI judgement over the submitted form
- **Fix type:** Fix the privacy policy or SMS terms
- **Required by:** TCR
- **Applies:** Applies to every 10DLC registration.
- **Canonical URL:** https://ekas.io/rules/10dlc/policy-page/pol-213/

## Why this rule exists

These three clauses are the entire risk position of the agreement, and a business without them is exposed to consequences it never priced. For a messaging programme the limitation matters specifically: undelivered or delayed messages are outside anybody's control, and the carrier disclaimer the SMS terms carry needs a limitation clause behind it to mean anything.

## How to fix it

Add all three, and make the limitation consistent with the carrier disclaimer in the SMS terms. Done when the document says what you do not promise and what you are not liable for.

## Example of a compliant value

```text
The site is provided as is. To the extent the law allows, Acme Coffee is not liable for indirect or consequential loss, and you agree to indemnify us against claims arising from your misuse of the site.
```