Sample Terms & Conditions Template

Sample Terms & Conditions Template

A Terms and Conditions agreement is where you let the public know the terms, rules and guidelines for using your website or mobile app. They include topics such as acceptable use, restricted behavior and limitations of liability.

This article will get you started with creating your own custom Terms and Conditions agreement. We've also put together a Sample Terms and Conditions Template that you can use to help you write your own.

What are Terms and Conditions Agreements?

A Terms and Conditions agreement acts as a legal contract between you (the company) and the user. It's where you maintain your rights to exclude users from your app in the event that they abuse your website/app, set out the rules for using your service and note other important details and disclaimers.

Having a Terms and Conditions agreement is completely optional. No laws require you to have one. Not even the super-strict and wide-reaching General Data Protection Regulation (GDPR).

Your Terms and Conditions agreement will be uniquely yours. While some clauses are standard and commonly seen in pretty much every Terms and Conditions agreement, it's up to you to set the rules and guidelines that the user must agree to.

Terms and Conditions agreements are also known as Terms of Service or Terms of Use agreements. These terms are interchangeable, practically speaking.

Check out our Terms and Conditions FAQ article for more helpful insight into these important agreements.

You can use this agreement anywhere, regardless of what platform your business operates on:

Websites
WordPress blogs or blogs on any kind of platform: Joomla!, Drupal etc.
Ecommerce stores
Mobile apps
Facebook apps
Desktop apps
SaaS apps

Desktop apps usually have an EULA (End-User License Agreement) instead of a Terms and Conditions agreement, but your business can use both. Mobile apps are increasingly using Terms and Conditions along with an EULA if the mobile app has an online service component, i.e. it connects with a server.

What's a Terms and Conditions Agreement from termsfeed

What's a Terms and Conditions Agreement from termsfeed

Is a Terms and Conditions Agreement Required?

Is a Terms and Conditions Agreement Required?

A Terms and Conditions is not required and it's not mandatory by law.

Unlike Privacy Policies, which are required by laws such as the GDPR, CalOPPA and many others, there's no law or regulation on Terms and Conditions.

However, having a Terms and Conditions gives you the right to terminate the access of abusive users or to terminate the access to users who do not follow your rules and guidelines, as well as other desirable business benefits.

It's extremely important to have this agreement if you operate a SaaS app.

Here are a few examples of how this agreement can help you:

If users abuse your website or mobile app in any way, you can terminate their account. Your "Termination" clause can inform users that their accounts would be terminated if they abuse your service.
If users can post content on your website or mobile app (create content and share it on your platform), you can remove any content they created if it infringes copyright. Your Terms and Conditions will inform users that they can only create and/or share content they own rights to. Similarly, if users can register for an account and choose a username, you can inform users that they are not allowed to choose usernames that may infringe trademarks, i.e. usernames like Google, Facebook, and so on.
If you sell products or services, you could cancel specific orders if a product price is incorrect. Your Terms and Conditions can include a clause to inform users that certain orders, at your sole discretion, can be canceled if the products ordered have incorrect prices due to various errors.
And many more examples.

In summary, while you do not legally need a Terms and Conditions agreement, there are many many reasons for you to have one. Not only will it make your business look more professional and trustworthy, but you'll also be maintaining more control over how your users are able to interact with your platforms and content.

What Information to Include in Terms and Conditions

What Information to Include in Terms and Conditions

In your Terms and Conditions, you can include rules and guidelines on how users can access and use your website and mobile app.

Here are a few examples:

An Intellectual Property clause will inform users that the contents, logo and other visual media you created is your property and is protected by copyright laws.
A Termination clause will inform users that any accounts on your website and mobile app, or users' access to your website and app, can be terminated in case of abuses or at your sole discretion.
A Governing Law clause will inform users which laws govern the agreement. These laws should come from the country in which your company is headquartered or the country from which you operate your website and mobile app.
A Links to Other Websites clause will inform users that you are not responsible for any third party websites that you link to. This kind of clause will generally inform users that they are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.
If your website or mobile app allows users to create content and make that content public to other users, a Content clause will inform users that they own the rights to the content they have created. This clause usually mentions that users must give you (the website or mobile app developer/owner) a license so that you can share this content on your website/mobile app and to make it available to other users.

Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA takedown notices received and you will take down the content.
A Limit What Users Can Do clause can inform users that by agreeing to use your service, they're also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreement so as to encompass the most amount of negative uses.

Here's how 500px lists its prohibited activities:

You can also use your T&C to inform users about trademarks, design rights and other intellectual property rights:

500px Terms of Service: Trademarks clause

If you operate a SaaS app, a "Termination clause" will be very important. The relationship with your customers can end for any number of reasons, from a customer changing careers to a new and better SaaS option becoming available or just general dissatisfaction with a service.

But as the owner of the app, you should have a way to actively end a relationship with a customer under certain circumstances.

SurveyMonkey has included sections in its Terms of Use that outlines what happens in the event of termination of service by either party. First, here's how users can terminate accounts and what the result of this will be:

SurveyMonkey Terms of Use: Suspension and Termination of Services clause excerpt

And here's how the company retains the right to terminate accounts, either for explicit violations of the Terms, or for any reason the company deems fit:

SurveyMonkey Terms of Use: Suspension and Termination of Services clause from company excerpt

If you sell products (physical or digital), you'll want Terms and Conditions for your store. Having this agreement in place will help you:

Dictate how different aspects of transactions will be handled
Inform users about acceptable payment terms
Inform users about your shipping policies
Inform users about your returns and refunds policies. You can also do this through a separate agreement, called a Return and Refund Policy, that you can reference in the Terms & Conditions agreement.

Let's look at an example: the Limitation of Liability of Your Products clause.

No matter what kind of goods you sell, best practices direct you to present any warranties you are disclaiming and liabilities you are limiting in a way that your customers will notice.

You've probably noticed that these clauses in contracts are always in blocks of all-caps text and really do stand out from the rest of the document.

Apple iTunes, which probably isn't dealing with high-liability goods, includes the following boilerplate language in its Terms agreement to deal with limiting liability and disclaiming warranties.

This exact language is used across multiple industries, businesses, and apps in order to legally disclaim warranties and limit liability.

Include the words "AS IS" for items and "AS AVAILABLE" if you provide any sort of service that may not be available 100% of the time.

Apple Media Services Terms and Conditions: No Warranty clause

Here's a list of questions that can help you determine what to add in your own Terms and Conditions agreement:

Can users create an account on your website or app?
Can users create or publish content on your website or app?
Is the content published by users available publicly?
Can users send you copyright infringement notices?
Is your website or app an ecommerce store?

How to Enforce Terms and Conditions Agreements

How to Enforce Terms and Conditions Agreements

You should always use clickwrap to get users to agree to your Terms and Conditions. Clickwrap is when you make your users take some action - typically clicking something - to show they're agreeing.

Here's how Equifax does this. Users cannot continue with creating an account until clicking the box that shows they agree to the Terms:

Creating a Terms and Conditions agreement is quite simple. After you have your agreement created, make sure to display it somewhere where people can easily find and access it at any time.

And don't forget to make sure you get agreement to your terms from anyone who signs up for an account with your website, downloads your mobile app, makes a purchase, signs up for a subscription or in any other way becomes connected to your business.

Terms and Conditions FAQs

Here is a list of frequently asked questions that you may find useful.

1. Is a Terms and Conditions agreement required?

A Terms and Conditions agreement is not legally required. However, having one comes with a number of important benefits for both you and your users/customers.

The benefits include increasing your control over your business/platform, while helping your users understand your rules, requirements and restrictions.

2. What are the benefits of having a Terms and Conditions agreement?

The main benefit of having a Terms and Conditions agreement is that you maintain the highest level of control over your website/business.

Your Terms and Conditions agreement is where you're able to list your rules when it comes to the use of your website. You're also able to maintain the right to terminate abusive accounts, disclaim warranties and limit your liability.

There are benefits for your users, as well. Your Terms and Conditions agreement makes it clear to your users what you expect from them, what they are not allowed to do with your website/service, and how they must handle certain situations such as arbitration and canceling their own accounts.

Without a Terms and Conditions agreement, your rules and requirements won't be made public and provided to your users. This means your users may take advantage of your "lawless" platform.

You may also get bombarded with questions from users asking about things that would otherwise be included in your Terms and Conditions agreement. For example, you may get a lot of questions asking how you handle user-generated content rights, or how a user can shut down an account.

3. What clauses should be in my Terms and Conditions agreement?

Some clauses are specific to certain types of businesses and won't be found in all Terms and Conditions agreements. For example, you won't need a clause about subscription payment terms if you don't offer paid subscriptions.

In general, almost every Terms and Conditions agreement should include the following clauses:

Introduction
Right to make changes to the agreement
User guidelines (rules, restrictions, requirements)
Copyright and intellectual property
Governing law
Warranty disclaimer
Limitation of liability
Termination of accounts/service
Contact information

The more complicated your website or business is, the more clauses you will end up having.

Some business-specific clauses include the following:

Payment terms
Cancelling service or subscription
Refunds
User-generated content

4. Where do I display my Terms and Conditions agreement?

Display your Terms and Conditions agreement in the following places, where applicable:

Via a static link to your website footer
In a menu within your mobile app (typically in an About, Legal, Info menu)
On your "Create Account" or similar type of page
On any checkout or order finalization pages

The key here is to make sure your Terms and Conditions agreement is always accessible at any time, and that you also provide it additionally at points where the user may be more interested in referring to its terms.

Adding a link to your website footer or within your app menu makes your Terms and Conditions agreement available at any and all times. Adding a link to times when a user is interacting with you in a more specific way, such as when creating an account or placing an order, helps remind the user about your Terms and Conditions agreement at that important time.

5. How do I make my Terms and Conditions agreement enforceable?

To make your Terms & Conditions agreement enforceable, place an un-ticked checkbox next to a link to your agreement and a statement that says something along the lines of, "By checking this box, you agree to be bound by our Terms and Conditions agreement."

You can also use an "I Agree" button instead of a checkbox that users must click to show they agree to your Terms and Conditions agreement.

Terms and Conditions Examples

Terms and Conditions Examples

The Guardian T&C

Here's how The Guardian is placing the link to its Terms and Conditions agreement at the bottom of its webpages:

The Guardian website footer with Terms and Conditions link highlighted

The legal page is simple and follows the design of The Guardian's website. But the agreement is lengthy and it has multiple clauses that are useful for The Guardian:

Registration
Termination of registration
Use of material appearing on the Guardian Site
Disclaimer of liability
Third party advertising on the Guardian Site
User content
Apps
Data protection
Changes to these terms and conditions of use
Governing law & jurisdiction (except for US users)
Indemnification
No waiver

The Terms and Conditions includes a short introduction that helps set the stage for the rest of the content.

The Guardian Terms and Conditions of Use - Screenshot of intro

KAYAK T&Cs

KAYAK also places a link to its Terms and Conditions in the footer:

Kayak website footer with Terms and Conditions link highlighted

The first paragraph of KAYAK's agreement is very clear for users:

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing the KAYAK website, mobile or tablet application, or any other feature or other KAYAK platform (collectively "Our Website") you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy.

Kayak Terms and Conditions intro paragraph

Instagram T&Cs

Instagram's Terms link is placed in the footer of its website:

Instagram website footer with Terms link highlighted

Here's how Instagram places links to its Terms and Privacy information when users create a new account:

Instagram sign-up form with Terms link highlighted

Spotify T&Cs

Below is an example of the Spotify Terms and Conditions Table of Contents. Note how the sections deal with topics such as "Rights we grant you," "User guidelines," "Choice of law, mandatory arbitration and venue" and "Term and termination":

Spotify Terms and Conditions of Use Table of Contents updated

Perhaps the most important section of this legal document is the section that addresses how a user should use (or not use) your website and app.

In the Terms and Conditions of Spotify above, the User Guidelines section highlights a number of restricted user actions, including forbidding a user from:

Using the Spotify Service to import or copy and local files you do not have the legal right to import or copy in this way
Circumventing any territorial restrictions applied by Spotify or its licensors
Selling a user account or playlist, or otherwise accepting compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist

Download Sample Terms and Conditions Template

Generate Terms & Conditions in just a few minutes

This free Sample Terms and Conditions Template is available for download and includes these sections:

Introduction
Definitions
Acknowledgment
User Accounts
Content
Copyright Policy
Intellectual Property
User Feedback
Links to Other Websites
Termination
Limitation of Liability
"AS IS" and "AS AVAILABLE" Disclaimer
Governing Law
Disputes Resolution
Severability and Waiver
Changes
Contact Information

Sample Terms and Conditions Template (HTML Text Download)

You can download the Sample Terms and Conditions Template as HTML code below. Copy it from the box field below (right-click > Select All and then Copy-paste) and then paste it on your website pages.

<p><strong>Terms and Conditions</strong></p>
<p>Our Terms and Conditions were last updated on [___DATE___].</p>
<p>Please read these terms and conditions carefully before using Our Service.</p>
<p><strong>Interpretation and Definitions</strong></p>
<p><strong>Interpretation</strong></p>
<p>The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.</p>
<p><strong>Definitions</strong></p>
<p>For the purposes of these Terms and Conditions:</p>
<ul>
<li>
<p><strong>"Affiliate"</strong> means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.</p>
</li>
<li>
<p><strong>"Account"</strong> means a unique account created for You to access our Service or parts of our Service.</p>
</li>
<li>
<p><strong>"Company"</strong> (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to [___COMPANY_INFORMATION___].</p>
</li>
<li>
<p><strong>"Country"</strong> refers to [___COMPANY_COUNTRY___].</p>
</li>
<li>
<p><strong>"Content"</strong> refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.</p>
</li>
<li>
<p><strong>"Device"</strong> means any device that can access the Service such as a computer, a cellphone or a digital tablet.</p>
</li>
<li>
<p><strong>"Feedback"</strong> means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.</p>
</li>
<li>
<p><strong>"Service"</strong> refers to the Website.</p>
</li>
<li>
<p><strong>"Terms and Conditions"</strong> (also referred as "Terms" or "Terms of Use") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by <a href="https://www.termsfeed.com/blog/sample-terms-and-conditions-template/">TermsFeed Terms and Conditions Template</a>.</p>
</li>
<li>
<p><strong>"Third-party Social Media Service"</strong> means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.</p>
</li>
<li>
<p><strong>"Website"</strong> refers to [___WEBSITE_NAME___], accessible from [___WEBSITE_URL___]</p>
</li>
<li>
<p><strong>"You"</strong> means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.</p>
</li>
</ul>
<p><strong>Acknowledgment</strong></p>
<p>These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.</p>
<p>Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.</p>
<p>By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.</p>
<p>You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.</p>
<p>Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.</p>
<p><strong>User Accounts</strong></p>
<p>When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.</p>
<p>You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.</p>
<p>You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.</p>
<p>You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.</p>
<p><strong>Content</strong></p>
<p><strong>Your Right to Post Content</strong></p>
<p>Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.</p>
<p>By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.</p>
<p>You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.</p>
<p><strong>Content Restrictions</strong></p>
<p>The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.</p>
<p>You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:</p>
<ul>
<li>Unlawful or promoting unlawful activity.</li>
<li>Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.</li>
<li>Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.</li>
<li>Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.</li>
<li>Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.</li>
<li>Impersonating any person or entity including the Company and its employees or representatives.</li>
<li>Violating the privacy of any third person.</li>
<li>False information and features.</li>
</ul>
<p>The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.<br/>
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.</p>
<p><strong>Content Backups</strong></p>
<p>Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.</p>
<p>Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.</p>
<p>The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.</p>
<p>You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.</p>
<p><strong>Copyright Policy</strong></p>
<p><strong>Intellectual Property Infringement</strong></p>
<p>We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.</p>
<p>If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email ([___COPYRIGHT_AGENT_CONTACT_EMAIL___]) and include in Your notice a detailed description of the alleged infringement.</p>
<p>You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.</p>
<p><strong>DMCA Notice and DMCA Procedure for Copyright Infringement Claims</strong></p>
<p>You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):</p>
<ul>
<li>An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.</li>
<li>A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.</li>
<li>Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.</li>
<li>Your address, telephone number, and email address.</li>
<li>A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.</li>
<li>A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.</li>
</ul>
<p>You can contact our copyright agent via email ([___COPYRIGHT_AGENT_CONTACT_EMAIL___]). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.</p>
<p><strong>Intellectual Property</strong></p>
<p>The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.</p>
<p>The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.</p>
<p>Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.</p>
<p><strong>Your Feedback to Us</strong></p>
<p>You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.</p>
<p><strong>Links to Other Websites</strong></p>
<p>Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.</p>
<p>The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.</p>
<p>We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.</p>
<p><strong>Termination</strong></p>
<p>We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.</p>
<p>Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
<p><strong>Limitation of Liability</strong></p>
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.</p>
<p><strong>"AS IS" and "AS AVAILABLE" Disclaimer</strong></p>
<p>The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.</p>
<p>Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.</p>
<p>Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.</p>
<p><strong>Governing Law</strong></p>
<p>The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.</p>
<p><strong>Disputes Resolution</strong></p>
<p>If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.</p>
<p><strong>For European Union (EU) Users</strong></p>
<p>If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.</p>
<p><strong>United States Legal Compliance</strong></p>
<p>You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.</p>
<p><strong>Severability and Waiver</strong></p>
<p><strong>Severability</strong></p>
<p>If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.</p>
<p><strong>Waiver</strong></p>
<p>Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.</p>
<p><strong>Translation Interpretation</strong></p>
<p>These Terms and Conditions may have been translated if We have made them available to You on our Service.<br/>
You agree that the original English text shall prevail in the case of a dispute.</p>
<p><strong>Changes to These Terms and Conditions</strong></p>
<p>We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.</p>
<p>By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.</p>
<p><strong>Contact Us</strong></p>
<p>If you have any questions about these Terms and Conditions, You can contact us:</p>
<ul>
<li>By visiting this page on our website: [___WEBSITE_CONTACT_PAGE_URL___]</li>
<li>By sending us an email: [___WEBSITE_CONTACT_EMAIL___]</li>
</ul>
<p></p>

Sample Terms and Conditions Template (PDF Download)

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Sample Terms and Conditions Template (Google Docs Download)

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Disclaimer

This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

First published on

29 August 2014

Last updated on

27 January 2023

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