Terms of Service Template

A Terms of Service agreement is a legal document that helps you set out the rules and guidelines that your users or visitors must agree to in order to use your website or app. It helps to limit your legal liability while maintaining control over your platform.

In this article, we're going to talk you through everything you need to know about Terms of Service agreements. We've also put together a Sample Terms of Service Template that you can use to help you write your own.

What is a Terms of Service Agreement?

As stated above, a Terms of Service agreement is a legal agreement where you disclose your rules and guidelines that your users or visitors must agree to in order to use your website or app.

Some common rules and guidelines include the following:

Not stealing your content and violating copyright laws
Not spamming other users
Not using your site for illegal activities

These agreements are commonly abbreviated as ToS and are also referred to as a Terms and Conditions, Terms of Use, Conditions of Use, or User Agreement. You may see it referred to as an End User Service Agreement (EUSA) but this isn't as common as the others.

Regardless of what you call your Terms of Service, the aim of the agreement is the same:

Disclose the rules and restrictions that your users must adhere to
Maintain your right to terminate abusive accounts
Make your copyright, trademark and intellectual property rights known
Limit your liability
Disclaim warranties

Depending on the nature of your business, your ToS may also need clauses that cover:

Payment terms
Subscription information
Licensing rights
Customer support
User-generated content

Here's an example of a fairly standard table of contents for a Terms and Conditions agreement, from NextRoll:

NextRoll Terms of Service: Table of contents

How to Enforce Terms of Service Agreements

To get your users to agree to be bound to your legal agreements, use the clickwrap method to obtain consent. Clickwrap is when you have a user check a box or at minimum click a button that is clearly labeled as showing that the user is agreeing by taking that action.

Remember that legal agreements are only good if they can be enforced.

Here's a simple example of clickwrap in action. A user must click the checkbox next to a statement that says, "I accept and agree to the Terms of Use" before being able to continue interacting with the platform:

When a user clicks the box and then clicks the Continue button, the Terms of Use become enforceable against that user:

You should always include a link to your ToS wherever you ask users to agree to it, such as:

Account sign-up pages
Download/program installation screens
Checkout pages
User-generated content submission forms

Keep a link to your ToS in your website footer as well so that your users can access your agreement at any time:

NextRoll website footer with Terms of Service link highlighted

Not only will your users appreciate this accessibility, but it will help you prove that your agreement is enforceable if you ever need to do so in court.

Note that a Terms of Service is not required by law as a Privacy Policy is. The Privacy Policy is required by law in various countries around the world. However, it's a great agreement to have in place with your website or app in order to:

Control the use of your website/app
Protect your intellectual property
Keep your users informed about your requirements for them
Limit your legal liability

FAQs Regarding Terms of Service Agreements

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

1. Do I need to have a Terms of Service agreement?

You do not legally need to have a Terms of Service agreement.

However, having one is very important and comes with a number of benefits for both you and your users.

You'll benefit by being able to maintain more control over your website or mobile app. You can terminate accounts that don't follow your terms, control how legal disputes are handled and limit your liability.

Your users will benefit by knowing from the start what your rules are and what they must do or not do when using your platform. They can use your Terms of Service agreement to instantly find answers to common questions they may have.

2. Is a Terms of Service agreement the same thing as a Terms and Conditions or Terms of Use?

Yes. All of these agreements serve the same purpose. They just have different names. The name you use is up to you.

3. What clauses should every Terms of Service agreement include?

These are the most common clauses that every Terms of Service agreement should include:

User guidelines (rules, restrictions on use)
Your right to terminate abusive accounts
How users can terminate accounts
Warranty disclaimer
Limitation of liability
Governing law and legal disputes
Contact information
Intellectual property and copyrights

Here are some additional clauses that are more business-specific:

User-generated content
Payments and subscriptions
Third party rights

4. Where do I display my Terms of Service agreement?

You should always display a link to your Terms of Service agreement in your website footer. People know to look here for important information, and it's a common best practice to place it here.

You should also display a link to your Terms of Service agreement anywhere where users should be reminded of your Terms.

For example:

At account sign-up
On the app download screen
At installation for software programs
At checkout for ecommerce stores

For mobile apps, display your Terms of Service agreement within a menu in your app, such as an "About" or "Legal" menu.

5. How do I make my Terms of Service agreement enforceable?

Make your Terms of Service agreement enforceable by having your users click an unticked checkbox next to a statement that says something similar to "I have read and agree to the Terms of Service agreement."

You can also have users click a button that says something like "I Agree" next to a statement like the above if you don't want to use a checkbox.

Download Sample Terms of Service Template

Generate Terms of Service in just a few minutes

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

Introduction
Interpretation and 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 to the Terms
Contact Information

Sample Terms of Service Template (HTML Text Download)

You can download the Sample Terms of Service 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.

Terms of Service
Our Terms of Service were last updated on [___DATE___].
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
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.
Definitions
For the purposes of these Terms of Service:
<ul>
<li>
"Affiliate" 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.
</li>
<li>
"Account" means a unique account created for You to access our Service or parts of our Service.
</li>
<li>
"Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to [___COMPANY_INFORMATION___].
</li>
<li>
"Country" refers to [___COMPANY_COUNTRY___].
</li>
<li>
"Content" 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.
</li>
<li>
"Device" means any device that can access the Service such as a computer, a cellphone or a digital tablet.
</li>
<li>
"Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
</li>
<li>
"Service" refers to the Website.
</li>
<li>
"Terms of Service" (also referred as "Terms" or "Terms of Service") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service. This Terms of Service Agreement was generated by <a href="https://www.termsfeed.com/blog/sample-terms-of-service-template/">TermsFeed Terms of Service Template</a>.
</li>
<li>
"Third-party Social Media Service" 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.
</li>
<li>
"Website" refers to [___WEBSITE_NAME___], accessible from [___WEBSITE_URL___]
</li>
<li>
"You" 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.
</li>
</ul>
Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
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.
User Accounts
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.
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.
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.
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.
Content
Your Right to Post Content
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.
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.
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.
Content Restrictions
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.
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:
<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>
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. 
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.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
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.
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.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
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.
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.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
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):
<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>
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.
Intellectual Property
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.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
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.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
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.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
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 of Service.
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.
Limitation of Liability
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.
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.
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.
"AS IS" and "AS AVAILABLE" Disclaimer
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.
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.
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.
Governing Law
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.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
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.
United States Legal Compliance
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.
Severability and Waiver
Severability
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.
Waiver
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.
Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Service. 
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Service
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.
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.
Contact Us
If you have any questions about these Terms of Service, You can contact us:
<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>

Screenshot of the Sample Terms of Service Template

More T&Cs Templates

More specific T&Cs Templates are available on our blog:

Sample Mobile App Terms and Conditions Template	A Terms and Conditions agreement for mobile apps.
Sample SaaS Terms and Conditions Template	A Terms and Conditions agreement for your SaaS business.
Small Business Terms & Conditions Template	A Terms and Conditions agreement for your small business.
Sample Ecommerce Terms & Conditions Template	A Terms and Conditions agreement for your ecommerce store.
Sample EULA Template	An End-User License Agreement for mobile apps.