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.
Our Terms and Conditions Generator makes it easy to create a Terms and Conditions agreement for your business. Just follow these steps:
At Step 1, select the Website option or the App option or both.
Answer some questions about your website or app.
Answer some questions about your business.
Enter the email address where you'd like the T&C delivered and click "Generate."
You'll be able to instantly access and download the Terms & Conditions agreement.
- 1. What is a Terms of Service Agreement?
- 2. How to Enforce Terms of Service Agreements
- 3. FAQs Regarding Terms of Service Agreements
- 4. Download Sample Terms of Service Template
- 4.1. Sample Terms of Service Template (HTML Text Download)
- 4.2. Sample Terms of Service Template (PDF Download)
- 4.3. Sample Terms of Service Template (Word DOCX Download)
- 4.4. Sample Terms of Service Template (Google Docs Download)
- 4.5. More T&Cs Templates
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
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:
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.
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:
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.
- 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.
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.
Yes. All of these agreements serve the same purpose. They just have different names. The name you use is up to you.
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
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.
- 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.
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
This free Sample Terms of Service Template is available for download and includes these sections:
- Interpretation and Definitions
- User Accounts
- Copyright Policy
- Intellectual Property
- User Feedback
- Links to Other Websites
- 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.
Sample Terms of Service Template (PDF Download)
Sample Terms of Service Template (Word DOCX Download)
Sample Terms of Service Template (Google Docs Download)
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.