Website Terms and Conditions: Legal Requirements and When to Use
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What are Website Terms and Conditions?
Website terms and conditions, also known as terms of service agreements and terms and conditions contracts, are the rules that govern the relationship between a website user and website owner or mobile app. They also protect the parties’ legal rights and define acceptable behavior. A website’s terms and conditions may incorporate additional contracts into the document, such as a privacy policy.
Here is an article that also discusses website terms and conditions.
What Should be in Website Terms and Conditions?
Website terms and conditions should establish the legal relationship between the business and the customer and offer legal disclaimers, billing notices, privacy policies, and refund policies. Websites often link terms and conditions in the footer or a “pop up” with a prompt requiring the user to “accept” them.
Here are nine terms and conditions to include on a website:
Term 1. Intellectual Property Rights
You should assert ownership rights over your website’s intellectual property, such as photos, music, written works, and graphics. Include a brief statement establishing your ownership of the original materials and indicating the contexts in which they may be used, if at all.
Term 2. Products or Services Terms
Your customers should have no reservations about the services or products you offer. A comprehensive description should be included in your terms and conditions. Where appropriate, include a minimum duration requirement in your terms and conditions for the supply of goods or services on a permanent or recurring basis.
Term 3. Payment Terms
Your prices should be clearly stated or located where customers can find them. The inclusion or exclusion of applicable taxes from the costs should also be noted in your terms and conditions, as should any offer or price duration. Any shipping charges that apply should be included here, and you should specify the due date for payment and the penalties for non-payment.
Term 4. Guarantees and Warranties
Certain products you sell may be covered by guarantees or warranties, either directly or indirectly through the manufacturer. In these instances, you should specify the start and end dates of the warranty. Additionally, you should indicate what would happen if the customer discovered a defect.
Term 5. Limitation of Liability
A limitation of liability will protect you from liability for any offensive or defamatory postings on your site. This is assuming the language of the clause will hold up in court, especially if there is negligence or intentional wrongdoing involved. If your website permits user-generated content, your terms and conditions should include a clause allowing for it. Otherwise, you could face expensive fines for their original works.
Term 6. Minor-Aged Children
You must follow special rules when your website markets to children under the age of 13. Companies must ensure that their websites adhere to the Children’s Online Privacy Protection Act (COPPA). You may need to follow other relevant laws established by your government, which means you should speak with technology lawyers if your website engages minors.
Term 7. Future Modifications
You may want to amend your website’s terms and conditions from time to time, either to reflect changes in your business or applicable law. Ensure that you include information about how customers will be notified and the amount of notice required in advance of changes.
Term 8. Rules of Conduct
End-users should know how to conduct themselves when interacting with your website. Make it very clear that they may only use your website for its intended person and that all must follow the rules to access your services. In this section, you can specify penalties for violations.
Term 9. Choice of Law
Your terms and conditions should conclude by stating which applicable laws govern them. This statement protects you from having to leave your state or country to handle a civil dispute with an aggrieved party. Most companies choose the governing law clause of their headquarters’ location. It is worth noting that your preferred jurisdiction in your terms may be challenged in court, especially if the jurisdiction is perceived to be unfair to the consumer.
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Legal Requirements for Website Terms and Conditions
Technology lawyers always recommend a customized and well-written agreement. While not required by many governments, requirements may vary across different jurisdictions. However, collecting and processing user data may require you to have a privacy policy. For example, the General Data Protection Regulation (GDPR) requires one for GDPR compliance.
The terms and conditions are your contracts with website users, and they lay out the ground rules for what users can expect and what recourse they may have in the event of a dispute. Litigating or defending a case is significantly more challenging without terms and conditions on your website and no other documentation about the transaction.
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Terms of Use vs. Terms and Conditions
While some may consider ‘Terms of Use’ to be specific to websites or technology applications, there is no legal distinction between them. You can use terms and conditions and terms of use interchangeably and while referring to the same contract. It is a matter of personal preference when determining which one is right for your contract.
Do I need Terms and Conditions on my Website?
You need website terms and conditions if you want to protect your legal rights. Otherwise, your website faces liability in several areas, including unauthorized use, data privacy information, where to send business notices, and more. Drafting customized terms and conditions for your industry, company size, location, and other relevant factors will produce a better result from a legal standpoint.
Here are five reasons why you need terms and conditions on your website:
Reason 1. Prevents End-User Website or App Abuse
Website terms and conditions serve as a legally binding contract. This agreement establishes the terms and conditions users must agree to when using your website or mobile application. You can find information about how to engage appropriately and what happens if users commit a violation.
Reason 2. Protects the Owner’s Intellectual Property Rights
You own your logo, content, and website design. The terms and conditions will inform users that it is your intellectual property. This type of clause is also known as an intellectual property clause.
Reason 3. Ability to Terminate Accounts At-Will
This clause informs users that you reserve the right to terminate abusive accounts and prohibit them from using the service. The termination clause is for websites that permit user registration. It also allows you to disable or ban abusive users based on their account activity and practice.
Reason 4. Limits Your Liability For Mistakes
Terms and conditions frequently include a warranty disclaimer that attempts to limit the website owner’s liability if the website’s content contains errors. Limitations of liability waivers are popular with websites that permit user-generated content.
Reason 5. Establishes Your Choice of Law
A website’s terms and conditions help owners specify which jurisdiction and government they recognize. For example, if your website operates in Oregon and you serve customers worldwide, the choice of law clause communicates that you recognize the laws of the State of Oregon.
Get Legal Help With Website Terms and Conditions
It’s essential to draft your website terms and conditions with several legal considerations in mind. These are the documents that govern your company’s relationship with users, customers, etc., so it is important they are well thought out and defensible. Technology lawyers can help you create the perfect document that protects your legal rights. We recommend speaking with a legal professional licensed in your state for more information.
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Meet some of our Website Terms and Conditions Lawyers
Daniel K.
I graduated from Yale University magna cum laude, served as a Fulbright Scholar in Italy and attended UC Berkeley School of Law. In 2023, I was named a "Legal Visionary" by the Los Angeles Times. I have broad experience in corporate transactions and in serving as outside general counsel to clients. I started my legal career in Silicon Valley and Hong Kong working on large equity and debt financings and matters for private wealth clients. After returning home to Los Angeles, I advised startup companies with formations, acquisitions and day-to-day matters such as sales contracts and licensing. More recently, I have focused on data, IT and SaaS contracts for both providers and customers. My clients include NASDAQ-listed companies, a top ranked children’s hospital and local startups.
"Daniel did an excellent job reviewing my drafted terms and conditions. He was incredibly responsive and provided valuable suggestions that improved the document. I appreciated his attention to detail and professionalism. I’ll definitely work with him again and highly recommend his services."
Craig Y.
Craig E. Yaris is a Founding Partner at Holon Law Partners, with the experience and drive to handle all your Franchise, General Business Practice, Estate Planning and Mediation needs. As a former small business owner and Chief Operating Officer of a franchisor himself, Mr. Yaris is passionate about promoting business growth. He has experience handling daily operations, employee disputes, and negotiations of pertinent contracts for a franchise company with 100 locations in five states, where he organized and conducted semi- annual meetings to educate and inform franchisees of best practices for improved growth. In addition, Mr. Yaris was responsible for the preparation and filing of the UFOC (Uniform Franchise Offering Circular) in several states and is well-versed in business formation. Between his time as Franchisor and Conflict Resolution Specialist, Mr. Yaris was the Co-Founder and Chief Operating Officer of an online company whose goal was to help inform marketers and business owners of the fast-paced and ongoing changes within their specific verticals. This experience helped him hone his research and writing skills and prepared him for the cloud-based aspects of Holon Law Partners. Mr. Yaris also has extensive experience in public speaking, as he has planned and delivered several keynote addresses and educational seminars for many New York-based organizations, and as a Continuing Education Instructor for Hofstra University. Prior to joining Parlatore Law Group, Mr. Yaris worked as a Patient Advocate, and more recently, a Conflict Resolution Specialist, where he mediated and resolved disputes on behalf of patients with insurance companies. In this role, he negotiated for coverage of previously denied medications and medical procedures as well as successfully mediated disputes between individuals and business partners which would have otherwise resulted in protracted litigation. In addition, he has experience mediating employer and employee disputes as well as helping resolve family conflict. He has also studied and attended many Non-Violent Communication (NVC) workshops and strives to bring these tools and methods to all of his mediations. His variety of experiences speak to his ability to handle small business needs at all stages of business growth and development. Mr. Yaris also has experience with business growth and development, as he has worked with several small business on creating and implementing strategies for steady growth. In addition, to spending time with family, Mr. Yaris volunteers his time helping spread the message of the ACLU and he supports many local charities focused on families and children. He is admitted to practice in New York.
"Craig was delightful to work with. He explained everything in detail, answered any questions I had and made sure I was comfortable with the information. Highly recommend."
Bryan R.
Bryan R.
Bryan J. Reddix is an experienced attorney and contracts management professional with over a decade of expertise navigating complex commercial and government contracting. Serving as both internal General Counsel and a senior Contracts Director, Bryan specializes in drafting, negotiating, and risk-mitigating a wide spectrum of agreements across the technology, federal procurement, and small business sectors. His deep familiarity with the Federal Acquisition Regulation (FAR/DFARS), corporate compliance, and intellectual property allows him to provide holistic, strategic legal guidance that protects business interests while driving profitability.
"Bryan helped with me a very specific FCRA SaaS ToS and Privacy Policy and delivered before the date that was promised. Highly recommend his work!"
Curt B.
Curt Brown has experience advising clients on a variety of franchising, business litigation, transactional, and securities law matters. Mr. Brown's accolades include: - Super Lawyers Rising Star - California Lawyer of the Year by The Daily Journal - Pro Bono Attorney of the Year the USC Public Interest Law Fund Curt started his legal career in the Los Angeles office of the prestigious firm of Irell & Manella LLP, where his practice focused on a wide variety of complex civil litigation matters, including securities litigation, antitrust, trademark, bankruptcy, and class action defense. Mr. Brown also has experience advising mergers and acquisitions and international companies concerning cyber liability and class action defense. He is admitted in California, Florida, D.C., Washington, Illinois, Colorado, and Michigan.
"I was very impressed with the responsiveness and knowledge brought to my situation."
Alexander M.
Broad area practice including Business (domestic & international), IP, Employment, Family Law, Administrative, etc. My focus is a direct, no-BS approach with fast turn around times on completed work.
"Very reliable and attentive. Also guided me in detail through the process and was responsive and quick with my request. Thanks Alex!"
Eric H.
I help startups, growth-stage companies, and middle market businesses navigate their most important legal moments, from early fundraising rounds to complex M&A transactions. I work with founders, investors, executives and their ecosystem partners who want exceptional client service without the overhead of a large firm. Whether you are raising capital, planning an acquisition, negotiating complex commercial agreements, or need an experienced general counsel in your corner on a fractional basis, I bring big law and Fortune 500 expertise, at a fraction of their rates. I'm based in Minneapolis and work with clients across Minnesota and nationally.
"Great Experience! Knowledgeable, Fast, and would use him 1000 times more."
April 20, 2026
Fahad J.
Fahad Juneja is a transactional attorney with over 10 years of experience, admitted in California and Texas. His practice covers M&A, commercial contracts, and corporate governance, including drafting and negotiating purchase agreements and related transaction documents, NDAs, collaboration agreements, service agreements, consulting agreements, and other commercial contracts. Fahad began his career in the private equity M&A group of a large law firm (Sidley), then moved in-house to Paramount Pictures, and later advised technology and manufacturing clients at a Bay Area boutique. He now maintains a solo practice, where he supports a primary client and advises fintech and other emerging companies on commercial, corporate, and strategic matters. Fahad's approach emphasizes efficient negotiation, thoughtful drafting, and practical risk allocation. He is available to support M&A transactions, ancillary transaction documents, contract drafting and review, and general corporate matters.
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Legal Assistance for Terms of Service & Privacy Policy for Social Network
"Working with Allen was an absolute pleasure! This was my first time hiring a lawyer, and the experience couldn't have been any better. His proposal immediately demonstrated his expertise in the subject matter, asking questions that other lawyers did not ask in their bids/proposals. During the course of the project, Allen asked questions specific to the industry that I was not expecting to receive given the somewhat niche area it falls into, further impressing upon me how detail-oriented he is. I'm very happy with the end result of the project, and I look forward to working with Allen in the future!"
Reply From Allen L.
Thank you so much -- this really means a lot, especially for a first experience hiring a lawyer. I'm glad the questions along the way helped get the terms of service and privacy policy right for your platform, and I'm looking forward to working together again. -Allen
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ContractsCounsel User
Review Terms of Service & Privacy Policy for SaaS Business in Tennessee
"Bryan helped with me a very specific FCRA SaaS ToS and Privacy Policy and delivered before the date that was promised. Highly recommend his work!"
ContractsCounsel User
Review of Engineering Services Proposal & Terms and Conditions
"Alex Nahai Law Office handled contract counsel for my business and made the whole process painless. Alex was responsive, explained the terms in plain English, and flagged the things that actually mattered instead of burying me in legalese. I felt genuinely protected on the deal. Highly recommend for any small business owner who needs contracts done right."
ContractsCounsel User
Review & Polish Android App ToS, EULA, and Privacy Policy
"He took care of everything I needed very quickly."
ContractsCounsel User
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
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Review of Terms of Use and Privacy policy for e-gifting company
Location: Delaware
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