Last updated on 13 January 2022 by Sara Pegarella (Law school graduate, B.A. in English/Writing. In-house writer at TermsFeed)
A Terms of Service agreement can be used for any kind of website or mobile app, from iOS/Android and SaaS apps to ecommerce websites and blogs. That's because it provides huge benefits for a range of businesses and platforms.
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 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:
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.
A Terms of Service agreement is the 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, 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's an example of a fairly standard table of contents for a Terms and Conditions agreement, from NextRoll:
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.
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.
This free Sample Terms of Service Template is available for download and includes these sections:
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.
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.
13 January 2022