Terms of Service: Reasons to Use and What to Include
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A terms of service set rules that users must agree to in order to use your website, application, or software program. While there are no laws requiring websites to implement a terms of service agreement, having one in place is recommended.
There are several different names for a terms of service agreement:
- Terms of Use
- Terms and Conditions
- Website Terms and Conditions
What are Terms of Service?
Terms of service, often abbreviated as ToS, are legal agreements between service providers and their clients or users. Terms of service are typically published on a company’s website for user to review and agree to before using the service.
ToS agreements can include various elements, including:
- Accountability provisions
- Liability provisions
- Opt-Out provisions
- Privacy policies
- Acceptable usage
- User rights and responsibilities
- Payment details for memberships, subscription fees, and the like.
In short, a ToS is simply a contract where the owner clarifies the conditions that a user must meet to use its service. Some examples include:
- Copyright and the use of content
- Rules users must follow when interacting with other users
- Cancellation of user accounts
Reasons to Use Terms of Service
There are currently no laws in place that require websites or companies to use a terms of service agreement. However, a ToS is helpful to set expectations for your users and prevent abuse. The agreement outlines what the users can expect while using your website or product and how users must behave.
While websites are not required to have a ToS, they are required to have a privacy policy. Privacy policies protect users' sensitive data:
- Email addresses
- Names
- Billing Information
- Shipping Addresses
Copyright Infringement
Your ToS agreement informs users that you own the site and its content. Any unauthorized use constitutes copyright infringement. You own everything on your site, and the ToS helps preserve ownership of your content.
Owned content can include:
- Content such as blogs and photos
- logo
- website design
Clauses connected to content ownership are called Intellectual Property clauses.
Abusive Users
Additionally, having a Terms of Service agreement in place gives you the right to terminate user accounts should they violate the agreement. These clauses make it clear that users can have their accounts canceled and even permanently banned if they abuse the website.
Governing Law
The terms of service agreement establishes "Governing Law." The Governing Law clause determines the jurisdiction and state laws that oversee, enforce, and interpret the contract.
For example, if your company is based out of Los Angeles, you would include a statement in the ToS indicating that California laws govern the agreement. Additionally, the ToS operates under US federal law. If you were to move jurisdictions, this section would need to be updated.
Here is an article about why you need a Terms of Service agreement.
Image via Pexels by PhotoMIX Company
What Should Terms of Service Include?
A terms of service is extensive and has various parts, but you will want to include:
- A clear definition of your company and properties
- Links to separate documents detailing your policies, such as privacy, security, and return policies
- Disambiguation or definition of keywords and phrases
- User rights and responsibilities
- A statement regarding age restrictions to comply with the Children's Online Privacy Protection Act of 1998 (COPPA)
- A list of the responsibilities community members must follow regarding commenting on your blog posts or communicating with other users
- An outline of the illegal behavior that can get an account removed or banned
- Detail inappropriate behavior, including spamming, posting pornographic materials, or linking to such.
- A statement about applicable fees and their related services
- Intellectual property clauses about who owns what contents
- An ambiguous "change" clause states that you reserve the right to modify or change any part of the agreement.
- Termination clause about banning someone
CC verified
Should Reading the Terms of Service Be Made Mandatory?
Do people even take the time to read a terms of service? If there is ever a dispute, making it mandatory for new members to opt-in to your ToS is the safest route. The best method is to use a clickwrap agreement.
Should You Use a Terms of Service Template?
Terms of service appear simple. However, they are meant to meet highly complex and specific scenarios and are legally binding contracts.
Each terms of service agreement protects the owner and user, so it must match your:
- Business model
- Business processes
- Applicable jurisdiction
Downloading a free template online will not accomplish these goals. It is recommended to work with a technology lawyer to help you draft your terms of service.
Who Needs Terms of Service?
Anyone building a website for their business should include a terms of service agreement on their website. Even if you are a small business, a ToS can save you many headaches later.
In some cases, you may enlist a lawyer to help you. Lawyers can:
- create your ToS document for you
- simply review the one you already created
Small businesses should consider getting a lawyer to create their ToS if:
- they are involved in e-commerce
- gather user's personal data
- marketing their intellectual property online
- talking to an audience under 13 years
Here is an article about terms of service and who needs it.
Terms of Service Templates
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Are Terms of Services a Contract?
Terms of service are terms that a user must accept before using or purchasing a site's service, whether that is:
- Purchase of goods
- Access to an application
- Access to membership or registration-based site
When the user accepts the term by either checking a box, hitting a button or digitally signing, the ToS becomes a legally binding contract.
If you update your terms, you must notify customers, users, or consumers. They have no way of knowing if your ToS have been updated on their own, so they cannot agree to the new terms.
It is recommended that you do not include clauses that allow you to change the terms without prior notice. Otherwise, users are accountable to all future contacts that do not even exist yet. Including this clause may make your ToS unenforceable.
Examples of Terms of Service
Creating a terms of service agreement can be intimidating. A prime example of a good Terms of Service document is Google's ToS.
At the very beginning, Google calls out how easy it is to skip reading the ToS and just accept it, but they implore you to keep reading.
What makes Google's ToS so good?
- It is relatively short compared to other ToS documents.
- It is easy to read.
- It includes a table of contents.
- Use of bold headers and bullet points.
- Minimal legal jargon.
While we are not saying you should just copy another site's ToS, you will want yours to be as good as Google's.
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Allen L.
Clear, strategic legal guidance when you need it most—whether you're planning ahead or defending a position. Legal challenges shouldn't feel confusing or overwhelming. Whether you're building an estate plan, structuring a business, or navigating a dispute, my practice is built on clarity, care, and practical strategy. I work with clients who want real solutions—not just paperwork—through planning and advice that truly fits their goals, families, and businesses. Planning & Structure I focus on estate planning, asset protection, and business succession, helping individuals and entrepreneurs organize their assets, reduce risk, and prepare for every stage of life. Whether you're setting up your first living trust, shielding your business from liability, or updating an existing estate plan, you'll receive clear guidance, fixed-fee pricing, and responsive support from start to finish. Each plan I design is tailored to your real-world priorities: preserving wealth, avoiding unnecessary taxes and probate, and ensuring the people you love are protected when it matters most. I also focus on general business matters outlined below. Disputes & Defense When legal conflicts arise—disputed contracts, demand letters, settlement negotiations, or litigation decisions—I provide realistic risk assessment and strategic guidance. I help clients understand their actual exposure (not just best-case scenarios), identify leverage points, and navigate toward efficient resolution. If you're facing a legal claim or need to evaluate your position before responding, I can walk you through the realistic options and their costs. Services: Estate Planning & Asset Protection --Simple wills and powers of attorney --Living trusts for small estates --Buy-sell agreements for family businesses Business Formation & Agreements --LLC or S-Corp formation filings --Operating Agreements / Shareholder Agreements --Founder or Investor Agreements --Bylaws and Minutes templates --Registered agent setup guidance Contracts & Commercial Matters --Service Agreements (consulting, marketing, software, design, etc.) --Independent Contractor Agreements --Employment contracts and offer letters --Non-compete, non-solicitation, or confidentiality agreements --Employee handbooks or HR policy updates --Termination or severance agreements --NDAs (Non-Disclosure Agreements) --Partnership or Joint Venture Agreements --Sales or Vendor Contracts --Licensing or IP Agreements Terms and conditions SaaS Platforms --Terms of Service --Privacy Policy --Independent Contractor Agreements --Customer/User Agreements --Liability Waivers --Cancellation & Refund Policy --Non-Solicitation Clauses --Marketplace compliance documents Real Estate --Commercial lease drafting or review --Residential lease review --Purchase & sale agreements --Short-term rental (Airbnb) contracts --Property management agreements Professional Approach: I leverage modern legal research and writing technologies—including AI-assisted tools—to enhance the quality, speed, and clarity of my analysis. Like many legal professionals today, I use these tools to organize research, improve communication, and catch errors. On research tools: case law and statutory verification runs through a vLex/Fastcase subscription, and drafting and first-pass review is AI-assisted. Every analysis I provide is thoroughly reviewed and reflects my independent professional judgment as a licensed attorney. AI is a tool that supports my work; it does not replace it.
"Allen provided everything I needed in less time than was stated. I'm very pleased with his work and wouldn't hesitate to hire him again."
Brian W.
As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.
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I am a business attorney focused on practical, efficient contract drafting, review, and negotiation for healthcare organizations and growth-stage and established businesses. My work includes commercial agreements such as NDAs, MSAs/SOWs, leases, vendor and services agreements, SaaS, and employment and severance agreements. I partner closely with clients to identify key legal and business risks, deliver clear, business-minded redlines with concise issue summaries, and keep transactions moving. Clients value my responsive turnaround, judgment, and ability to balance risk with commercial objectives.
"I hired Anna to draft and review the legal foundation for Buddy Care LLC — a Terms of Service, Companion Code of Conduct, Privacy Policy, and Incident Response Plan. She handled complex issues including independent contractor misclassification risk, mandatory reporting obligations, platform circumvention protections, and FCRA-compliant background check language — and explained each one in plain English so I could make informed decisions. Two rounds of revisions were turned around quickly, including same-day responses when needed. The roadmap alongside each document made the review process straightforward for a non-attorney founder. Highly recommend for any startup founder who needs practical, business-ready legal documents."
O.T. W.
Hi, my name is O.T. and I own The Walker Collective, a law firm that caters to the contractual, intellectual property, and business formation needs of creative entrepreneurs and small business owners. I am licensed to practice in Maryland and New York.
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Max N.
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Michael S.
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App Development
Terms of Service
Texas
Are there terms of service for mobile apps?
I am a mobile app developer and I am in the process of creating a new app. I am looking to ensure that I protect myself and my users by having an appropriate Terms of Service agreement in place. I would like to know if there are any specific Terms of Service that are applicable to mobile apps, and what I should consider when creating mine.
Darryl S.
Yes - you should have Terms of Service created by a lawyer experienced in Ts and Cs for apps and customized for your app's usage.
Public Company
Terms of Service
Washington
Do I need to agree to the Terms of Service and Privacy Policy in order to use a website?
I recently came across a website that I would like to use, but before I can access its services, I am required to agree to their lengthy Terms of Service and Privacy Policy. As an individual concerned about my privacy and legal rights, I am wondering if it is legally mandatory to accept these terms in order to use the website, or if I have any alternatives.
Merry K.
In most cases, yes, you need to agree to a website's Terms of Service (ToS) and Privacy Policy to use the site or its services. Here's why: 1. Binding Agreement Terms of Service act as a legal contract between you and the website. By agreeing, you're accepting the rules for using the site. If you don’t agree, the website owner has the right to deny you access to their services. 2. Privacy Policy Websites often require you to acknowledge their Privacy Policy to inform you how they collect, use, and store your data. This acknowledgment ensures they comply with privacy laws, such as the GDPR (General Data Protection Regulation) in Europe or CCPA (California Consumer Privacy Act) in the U.S. 3. "Clickwrap" Agreements Many websites require you to actively agree by clicking a button (e.g., "I Agree"). If you don’t agree, the site may block your access to features or the entire platform. 4. Implied Agreement Sometimes, simply using a site implies agreement to its ToS. This is called a "browsewrap" agreement, though it's less enforceable than active consent. In addition, keep in mind that websites that are not owned by a governmental entity are privately owned. Speaking generally, an owner can refuse service to anyone, as long as the owner doesn't violate a law (such as refusing use only to people of a certain gender or race - and usually, even that may depend on what state you live in). Options If You Don’t Want to Agree: Contact the Site Administrator: You can reach out to inquire about alternative ways to access their services. Use an Alternative Service: Look for a service with terms you’re comfortable with. Review Key Clauses: Carefully read the ToS and Privacy Policy to understand what you're agreeing to, especially regarding data use and dispute resolution. Let me know if you'd like help understanding specific terms or policies!
Advertising
Terms of Service
Texas
Can I limit reviews using terms of service?
I recently started a small business and I am in the process of creating a website for my business. I want to ensure that customers are not able to post negative reviews on the website, as this could have a detrimental effect on my business. Therefore, I am interested in learning if it is possible to limit reviews using terms of service.
J.R. S.
Businesses can take steps to discourage or prevent negative online reviews, but they must be careful not to infringe on the rights of consumers and other businesses to post such reviews. The Texas Citizens Participation Act (TCPA) protects the posting of consumer opinions or reviews about businesses. The TCPA statute also allows for dismissal of legal actions based on or in response to a party's exercise of the right of free speech, right to petition, right of association, or arises from any act of that party in furtherance of the party's communication or conduct. If dismissed under this chapter, the court may award sanctions against the party who brought the legal action to deter similar actions.
Business
Terms of Service
Washington
Do beta testers need a special terms of service?
I am currently developing a software product and I am looking to have beta testers test out the product. I want to ensure that I have all the necessary legal documents and agreements in place before I allow any beta testers to access the product. I am wondering if beta testers need a special terms of service that is different from the standard terms of service agreement that would be given to customers when they purchase the product.
Merry K.
In both instances, you should incorporate some type of non-disclosure agreement. For beta testers, you need to address whether you are paying the beta testers in any way, shape, or form, such as a discount for the final software.
International
Terms of Service
Texas
How does GDPR affect my terms of service?
I am a business owner in the EU looking to create a terms of service for my website. I am concerned about the impact of GDPR on my terms of service, as I want to ensure I am in compliance with the law and that my customers' data is secure. I am also interested in understanding the implications of GDPR on my business and any additional steps I need to take to ensure compliance.
J.R. S.
The best place to start is on the GDPR website, found here: https://gdpr.eu/what-is-gdpr/. On this page you will see a yellow box on the right side of the webpage that has hyperlinks to three key documents, the Data Processing Agreement, Right to Erasure Request, and Privacy Policy. Those links will take you to downloadable PDF's that you can use and incorporate into your website as a part of your terms and conditions. All three of these documents and their proper usage will aid in any compliance reporting measures. If you need or want additional consultation on specifics and how it applies to your organization, please feel free to reach out.
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ToS, copyright, trademark protection for new website
Location: Minnesota
Turnaround: A week
Service: Drafting
Doc Type: Terms of Service
Number of Bids: 7
Bid Range: $830 - $2,375
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