Writing a Disclaimer


I'm seeking advice in how to go about writing a disclaimer for a software service I'm developing.

The software program is to record client medical treatment forms. I basically want to say something to effect that encryption technology is used to secure sensitive data, and we seek to maintain a high security standard, however are not liable for any loss of information due to technical mishaps out of our control.

Does that sound feasible? How should I go about putting this into a disclaimer?

Software Legal Business

asked Mar 27 '11 at 11:44
118 points
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2 Answers


You should absolutely hire a competent attorney to help you write the disclaimer. Draft what you're wanting to accomplish and then take it to a professional. This is what they do for a living. It's also who you'll be dealing with on the other end if you ever have to rely on enforcing your disclaimer.

answered Mar 27 '11 at 12:20
Keith De Long
5,091 points
  • Yes, that's what I thought. Do you know of any attourneys you could recommend? – Emmanuel 13 years ago
  • I've used different attorneys with differing results. I'd recommend interviewing local lawyers and find one you click with. I'm quite happy with my current attorney, Ryan Corrigan, here in central California. http://www.corriganlawgroup.com/staff/ryan_corrigan.phpKeith De Long 13 years ago
  • Thanks, I'll look into finding a local attorney who can review my draft. I'm in Aust. – Emmanuel 13 years ago


You're writing a disclaimer for software being used in a life critical field where privacy and accuracy are important. Invest the $200 or however much it would cost you to get a disclaimer written up by a profressional attorney.

You don't want your software to be used in the wrong way and having a large medical lawsuit on your hands because you didn't properly cover yourself for the worse by spending a couple of hundred of dollars, any competent attorney should be able to write up a disclaimer as they all have pre-written templates for this kind of thing anyway.

answered Mar 28 '11 at 09:19
Digital Sea
1,613 points
  • Noticed you mentioned you were from Australia, I am too. If you are from Brisbane, there is a place called Hardings Gulhane Solicitors at Enoggera across the road from the Chinese Restaurant. They're apparently good for that stuff and cheap (from what I've heard anyway). – Digital Sea 13 years ago

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