Post-graduate law degree, CIPP/E from the International Association of Privacy Professionals (IAPP). Privacy and Data Protection Research Writer at TermsFeed.
On this page
- 2.1. 1. Information About the Agreement
- 2.1.1. Introduction and Effective Date
- 2.1.2. Acceptance of the Agreement
- 2.1.3. Reference to Other Policies
- 2.1.4. Changes to the Terms
- 2.2. 2. Rules for Your Users
- 2.2.1. User Restrictions
- 2.2.2. Payments and Billing
- 2.2.3. User-Generated Content
- 2.2.4. Termination of Accounts
- 2.3. 3. Legal Terms
- 2.3.1. General Disclaimers
- 2.3.2. Exclusion of Implied Warranties
- 2.3.3. Limitation of Liability
- 2.3.4. Indemnification
- 2.3.5. Choice of Jurisdiction/Governing Law
- 3.1. Clickwrap
- 3.2. Browsewrap
- 6.5. More T&Cs Templates
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.
However, there are certain clauses that courts will not enforce under any circumstances. For example, clauses that are designed to trick or exploit the user, or clauses that are forbidden by law.
- Terms and Conditions
- Terms of Service
- User Agreement
- Acceptable Use Policy
These documents usually serve the same purpose but can be used in different contexts.
We've divided our template into three broad sections:
- Information about the agreement
- Rules for your users
- Legal terms
1. Information About the Agreement
Introduction and Effective Date
- Introduce the agreement
- Provide the effective date of the agreement
Take a look at how Evernote does this:
Acceptance of the Agreement
Here's how SEQ Legal does this:
We'll look at this in more detail below.
Reference to Other Policies
Changes to the Terms
This example from Tito should give you some idea of how to handle this clause:
Tito states that:
- It may modify its terms
- It will notify users via email where possible but it isn't obliged to do so
- Users should review its terms regularly to stay updated
2. Rules for Your Users
Here's how Bumble explains this:
It's also illegal to use certain services in certain places. Sports-betting service Bet365 makes this clear:
Emphasize that it is your users' responsibility to use your services only if it is legal for them to do so.
You should also include a general clause that outlines any specific behavior your users are not to engage in when using your website or service. Common restrictions include screen-scraping, spamming other users and reverse engineering proprietary software.
Here's how Bet365 restricts the commercial exploitation of its information, using automated software to extract anything from the website and other specific limits:
Payments and Billing
If you charge for your services, it's crucial that you set out the terms of payment very clearly, including:
- Whether your prices can change
- What will happen if a customer misses a payment
- How a customer can cancel their contract
Here's a short excerpt of a section like this from HubSpot's Terms of Service that addresses some of these points:
Many apps and websites allow users to upload and share their own content. Common examples of user-generated content include:
- Forum posts
- Videos, pictures or audio
Here's what Spotify UK's terms has to say about user-generated content:
Termination of Accounts
Here's an example from SoundCloud:
It's up to you how you manage account suspension and termination. Just make sure you have a clear system. You should also leave yourself a lot of discretion.
3. Legal Terms
Disclaimers can help you share important information with your users while limiting your legal liability.
You should take every reasonable step to ensure that you don't cause any loss or harm to your users.
- Any malware contracted by using the site
- The content of any third-party websites to which the site links
- The accuracy of any information presented by the site
Here's how Aptitude Software disclaims responsibility for spreading malware via its site:
Aptitude also has a general disclaimer clause that disclaims the company's responsibility in the event of inaccurate or incomplete information, losses or damages from using the website and if a user violates laws by using the website:
Here's a disclaimer about links to third-party sites from Perform Parties:
Disclaimers like these warn your users that they use your website or app at their own risk. However, they aren't guaranteed to "stand up in court." You may be held liable for certain acts of negligence.
Exclusion of Implied Warranties
The best way to understand an implied warranty is to contrast it with an "express warranty."
- An express warranty is a promise you make explicitly, like: "Our analytics app will increase your leads by at least 500 percent!" You have to keep promises like this or you might owe your user a refund or damages.
The principle of implied warranties (or "implied terms") applies in many countries. We'll focus on US law, where there are two main implied warranties:
- Fitness for a particular purpose - If someone buys your product for a specific reason, and you know that they're buying it for that reason, you guarantee that the product is fit for that purpose.
- Merchantability - Any product you sell must be of reasonable quality, correctly labeled, and you must provide the correct quantity.
- You shouldn't make express promises that you cannot keep
- Some jurisdictions will not recognize the exclusion of implied warranties
The UCC § 2-316 is pretty strict about the wording you must use if you want to try to exclude these implied warranties:
"[...] all implied warranties are excluded by expressions like "as is," "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty."
See our article about disclaimers for more information and examples on the variety of types of disclaimers you may need or want to include in your agreement, as well as a template to help you create your own disclaimers.
Limitation of Liability
A limitation of liability clause protects your company's interests. It prevents your users from suing you in excess of a specific amount (which you determine).
There's a related clause, known as an "exclusion of liability." This prevents your users from suing you at all. Generally speaking, however, the courts are more likely to enforce a limitation of liability than an exclusion of liability.
Sounds complicated? Well, here's how Tracking Wonder explains its limitation of liability clause in a pretty blunt way:
A limitation of liability clause normally consists of:
- A list of the things that may cause a user a loss
- The amount of money that you're willing to pay out in damages if such a loss occurs
Here's an example from Twitter:
A rough translation of what Twitter is saying:
- We exclude any liability for any losses you incur by using our site, insofar as it is legally possible to do so.
- If it turns out that we are liable for a loss, you agree only to sue us for $100.
Note that Twitter's limitation of liability clause is in all caps.
UCC § 1-201 requires that certain contractual clauses (such as a limitation of liability) are "conspicuous." Using upper-case letters is one way to achieve this.
An "indemnification" or "hold harmless" clause generally applies to services that allow user contributions.
Let's say one of your users posts something defamatory on your website. The defamed person sues your company for $1 million. You spend $100,000 on legal fees defending the case. You lose.
If the user who posted the defamatory content has agreed to an indemnity clause, you can then sue that user to get your $1,100,000 back.
Here's an example of a clause like this from Flick:
Choice of Jurisdiction/Governing Law
Here's an example from Royal Gold:
Just like in a football game, a legal battle has a significant "home advantage." You'll almost certainly want to choose the legal jurisdiction in which your company is based.
But what's the best way to go about getting acceptance?
Here's Google's clickwrap mechanism:
The user can't create an account without clicking "I agree to the Google Terms of Service." If Google attempts to enforce this agreement, the user can't reasonably claim that they never accepted it.
- Creating an account
- Installing an app
- Making a purchase
It's much harder to enforce a browsewrap agreement. A user could easily claim that they never read it, and, therefore, did not agree to it.
However, the courts are more likely to enforce your browsewrap agreement if you:
Here is a list of frequently asked questions that you may find useful.
However, having one is very important because it offers many benefits for both you and your users.
Yes. These are just different names for the same type of agreement. The name you choose to use is completely up to you and your preferences.
- User guidelines (your rules and restrictions on use)
- The 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. Not every business will benefit from or need these clauses:
- User-generated content
- Payments and subscriptions
- Third party rights
- At account registration
- On the app download screen
- At installation for software programs
- At checkout for ecommerce stores
- Introduce the agreement and gives its effective date
- Obtain acceptance of the agreement
- Grant you the right to make changes to the agreement
- Set the rules about user-generated content
- Set the rules around payments and billing
- Set the conditions under which you may suspend or terminate a user's account
- Disclaim your responsibilities for the spread of malware, etc.
- Exclude implied warranties
- Limit your company's liability
- Indemnify your company against any losses your users cause
- Determine your legal jurisdiction
- 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
- Contact Information
You can download the Sample Terms and Use 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.
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.|