23 July 2020
A Terms of Service agreement can be used for any kind of website or mobile app, from iOS or Android apps to SaaS apps, ecommerce websites and blogs.
That's because it provides huge benefits for a range of businesses.
Haivng this agreement helps you set out the rules and guidelines that your users or visitors must agree to in order to use your website or app such as:
These agreements are commonly abbreviated as ToS and are also referred to as a Terms and Conditions agreement, Conditions of Use, or User Agreement.
Regardless of what you call your Terms of Service, the aim of the agreement is the same:
Depending on the nature of your business, your ToS may also need clauses that cover:
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:
Here are some additional clauses that are more business-specific:
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 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.
Here's an example of a fairly standard table of contents for a Terms and Conditions agreement, from Spotify:
Legal agreements are only good if they can be enforced.
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.
You should always include a link to your ToS wherever you ask users to agree to it, such as:
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.
Our Terms and Conditions Generator makes it easy to create a Terms and Conditions agreement for your business. Just follow these steps:
Enter your email address where you'd like your agreement sent and click "Generate."
You'll be able to instantly access and download your new agreement.
Use the Terms of Service Generator to create this legal agreement.
If you're looking for a template, download the Terms of Service Template as a PDF file or as a DOCX file. It's free.
Our Terms of Service Template includes the following sections and clauses:
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.