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A Terms of Service (ToS) agreement — also called Terms and Conditions or Terms of Use — is a legally binding contract between a website or app operator and its users. It defines the rules users must follow when accessing your platform, establishes your intellectual property rights over content, limits your liability for user-generated content and service interruptions, sets age eligibility requirements, describes what happens to user accounts, outlines your dispute resolution process, and specifies the governing law for any legal disputes.

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Legal Disclaimer: This template is attorney-reviewed and built to US legal standards. It does not substitute for professional legal advice — for complex situations, we recommend consulting a licensed attorney.

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What Is a Terms of Service?

A Terms of Service (ToS) agreement — also called Terms and Conditions or Terms of Use — is a legally binding contract between a website or app operator and its users. It defines the rules users must follow when accessing your platform, establishes your intellectual property rights over content, limits your liability for user-generated content and service interruptions, sets age eligibility requirements, describes what happens to user accounts, outlines your dispute resolution process, and specifies the governing law for any legal disputes. Every website, mobile app, e-commerce store, or online platform that provides a service should have a Terms of Service agreement in place before it goes live.

When Do You Need It?

You need a Terms of Service when launching a website, web application, mobile app, SaaS platform, e-commerce store, or any online service. It is especially important when users create accounts, post content, make purchases, or access premium features. Without a ToS, you have little legal recourse if users misuse your platform, misappropriate your content, or bring claims against you for service disruptions.

What's Included in This Template

  • Company name, website URL, and effective date
  • Service description and scope
  • User eligibility and age requirements
  • Account registration and termination terms
  • Prohibited user conduct
  • Intellectual property ownership and license grants
  • Disclaimer of warranties
  • Limitation of liability clause
  • Governing state and jurisdiction
  • Optional arbitration clause
  • Optional class action waiver
  • Contact information for legal notices

How to Fill It Out

1
Enter Company and Website InformationProvide your full legal company name, the website URL these terms apply to, the effective date, and the email address where users can send legal notices or questions.
2
Describe Your ServiceBriefly describe what your website or application does and what services it provides to users. Be clear about the scope — include all major features users will access.
3
Set Eligibility and Age RequirementsSpecify the minimum age required to use your service (typically 13 for general platforms, 18 for adult content or financial services). This is critical for COPPA compliance in the United States.
4
Define Prohibited UsesList behaviors that are not allowed on your platform — such as spamming, hacking, scraping data, infringing copyrights, harassment, or fraudulent activity. The more specific, the better.
5
Address Intellectual PropertyDescribe who owns the content on your platform and any licenses you grant to users (or users grant to you). For UGC platforms, specify that users grant you a license to display their content.
6
Choose Dispute Resolution OptionsSelect whether disputes will be resolved through binding arbitration (faster and cheaper than court, but waives jury trial rights) and whether you want to include a class action waiver (prevents users from joining class action lawsuits).

Legal Requirements & Notes

This Terms of Service template is a starting point and may not cover all requirements for your specific business, industry, or jurisdiction. Platforms handling personal data from EU users may also need to comply with GDPR. Platforms serving children under 13 must comply with COPPA. Financial services, healthcare, and other regulated industries have additional legal requirements. This template is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to ensure your Terms of Service meet your specific needs.

Frequently Asked Questions

There is no universal law requiring a Terms of Service, but having one is strongly recommended for any website or app. Without it, you have no contractual basis to enforce rules, protect your intellectual property, or limit your liability. Some industries (financial services, healthcare, apps for children) have specific disclosure requirements.