Terms of Service template: customize for your site
If your business provides a service, whether it costs money or is free, your website needs a Terms of Service (ToS) agreement. Terms of Service help define the relationship between your business and its customers. They set clear guidelines for acceptable use of services, outline user and provider responsibilities, and help to minimize legal risks to your organization.
There can be some overlap between a ToS and other legal documents, such as a privacy policy or a personal data handling policy. However, the ToS should be fundamentally focused on the service relationship between the user and the service provider. It should cover aspects like user behavior, service limitations, account termination policies, intellectual property rights, and dispute resolution procedures.
This article outlines when you need a ToS agreement and what it should include. We’ll walk you through how they differ from other legal documents and provide a customizable template to help you draft a ToS that protects your business, communicates clearly, and builds trust with your users.
When you need to create a Terms of Service policy
A Terms of Service policy isn’t just a legal safeguard, it’s also a tool for building trust and clarifying expectations with your users. There are a number of operational reasons why you would need a ToS.
- Operating a website or mobile app: A ToS helps regulate user behavior and defines your operational framework when you provide online services or host user content.
- Providing a digital service: For platforms offering SaaS tools or online services, a ToS outlines the scope of the service and usage guidelines.
- Handling user data: While separate from a privacy notice, a ToS can reference data use practices to complement your broader privacy compliance strategy.
- Offering subscriptions or recurring services: ToS agreements specify payment terms, renewal conditions, and cancellation policies.
The purpose of a ToS agreement
Terms of Service agreements serve several purposes, which we’ll outline below.
Before we do, it’s important to note that a ToS differs from other legal documents, like privacy policies or EULAs. Although certain provisions may overlap, a ToS focuses specifically on the rules of service usage, rather than other issues like data handling, data privacy, or software licensing.
Your ToS agreement can be used for a number of important functions.
Manage user expectations
A well-crafted ToS sets clear boundaries for user behavior and outlines your services. This clarity fosters a better user experience and reduces misunderstandings by explicitly stating:
- what services you provide
- how users should interact with your platform
- what constitutes acceptable use
- when and how services might change
- the consequences of violating terms
Minimize customer disputes
Explicitly defining terms, such as refund policies and prohibited actions, helps avoid potential conflicts by:
- clearly explaining your service delivery
- setting clear expectations about service availability
- clarifying refund and cancellation policies
- defining dispute resolution procedures
- establishing communication channels for grievances
Limit your liability
One of the most critical functions of a ToS is to protect your business from potential legal issues. You can reduce legal risks and limit your liability by:
- defining the scope of your business’s responsibility
- establishing warranty disclaimers
- setting limitations on liability
- clarifying intellectual property rights
- specifying applicable jurisdiction and governing law
Prevent copyright infringement
Your ToS agreement can help protect your intellectual property (IP) and establish guidelines for how users may interact with your content. It’s important to:
- clearly state ownership of content
- define what is acceptable use of your materials
- establish procedures for copyright complaints
- indicate consequences for violations
- outline user-generated content rights
What to include in your Terms of Service
Introduction and acceptance of terms | Define the scope of the agreement and inform users that their use of your site or service implies acceptance of the terms. |
Definitions | Provide clarity by defining technical or legal terms. Include clear explanations and consistent terminology throughout the document. |
Description of services | State what your website or app offers. Present a detailed overview of the service or services you provide, service limitations and restrictions, technical requirements, and service availability expectations. |
User eligibility and responsibilities | Set age and geographical requirements, where necessary. Outline both acceptable and prohibited behaviors. |
Pricing, payment, and termination details | If applicable, specify subscription terms, refund policies, and conditions for account termination. |
Data protection and privacy policy reference | Explain how user information is protected and data is shared with third-party service providers. Include a link to your privacy notice to clarify how you handle personal data in compliance with regulations like the GDPR. |
Disclaimer and limitation of liability | Protect your business from legal risks by disclaiming certain responsibilities. |
Terms of Service template
Here is a sample ToS template to get you started. Please note that this template is for educational purposes only and does not constitute legal advice. Adjust this template to suit your business’s specific needs. Consulting qualified legal counsel for assistance is also recommended.
[Website Name] Terms of Service
1. Introduction and Acceptance of Terms
By accessing or using [Website Name] (“the Service”), you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and [Company Name] (“we,” “us,” or “our”).
Your use of our Service indicates your acceptance of these Terms.
We may update these Terms at any time. We will notify you of any changes by:
- Posting the new Terms on this page
- Sending you an email notification
- Displaying a prominent notice when you next log in
Your continued use of the Service constitutes acceptance of the modified Terms.
The laws of [country or jurisdiction] shall govern this agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
2. Definitions
For clarity throughout this document, the following terms have specific meanings:
- “Service” refers to the website [Website URL], including all content, features, and functionality provided through this domain.
- “User” means any individual or entity that accesses or uses the Service.
- “Content” includes text, images, videos, audio, graphics, and all other forms of information or data.
- “User Content” means any content that users submit, post, or transmit through the Service.
[Add additional terms as needed for clarification]
3. Description of Services
Our Service provides [detailed description of your primary service]. We offer an online platform for [specific description]. This includes:
- [List specific features]
Service Availability: Our Service is generally available 24/7, except during scheduled maintenance windows. We aim for 99.9% uptime but do not guarantee uninterrupted access.
Technical Requirements: To use our Service, you need:
- [List any specific device requirements]
Service Limitations:
- [List any service limitations]
4. User Eligibility and Responsibilities
Eligibility: [List eligibility requirements]
Geographic Restrictions: Our Service is available worldwide, except in:
- [List of restricted territories]
Account Creation: When creating an account, you must:
- Provide accurate, current, and complete information
- Use your real name or authorized business name
- Create a unique and secure password
- Not share your account credentials
Acceptable Use: Users must
- [List acceptable use guidelines]
5. Pricing, Payment, and Termination
Pricing Structure:
- [List pricing plans]
Payment Terms:
- All prices are listed in [currency]
- Billing occurs on [day that billing occurs]
- Accepted payment methods: [list accepted payment methods]
- Late payments incur a [outline late payment fee]
Cancellation: To cancel your subscription:
- [List cancellation instructions]
Refunds: We offer refunds within 30 days of [signup/purchase/etc.] if:
- [List refund policies]
6. Data Protection and Privacy Policy
For complete information about our data practices, please see our Privacy Policy [link to your Privacy Policy].
Key points:
- We collect user information as described in our Privacy Policy
- Data is encrypted during transmission and storage
- We use industry-standard security measures
- Third-party processors must meet our security standards
Third-party service providers: We work with trusted partners including:
- [List third-party service providers]
7. Disclaimer and Limitation of Liability
Warranty Disclaimer: The Service is provided “as is” without warranties of any kind, either express or implied.
Limitation of Liability: Our liability is limited to the greater of:
- [Outline limitations of liability]
Indemnification: You agree to indemnify us against any claims arising from:
- Your violation of these Terms
- Your User Content
- Your use of the Service
Force Majeure: We are not liable for failures due to:
- Natural disasters
- Government actions
- Internet service provider failures
- Unexpected technical issues
- Other circumstances beyond our reasonable control
Last Updated: [date your ToS was last updated]
Contact Information: [Company Name] [Address] [Email] [Phone]
Foster trust with users by making their rights and yours transparent
Remember, a Terms of Service agreement isn’t just about legal compliance. Having a clear ToS document builds trust by making your service and practices more transparent. It clarifies user rights, minimizes the risk of disputes, and establishes a secure framework for using your services. What’s more, it works best when integrated with comprehensive digital compliance tools.
While a Terms of Service agreement is an important aspect of running a legally-compliant website, it’s just one element of many that make up a well-rounded compliance strategy.
How you manage user data, for example, is central to running a website that complies with global data privacy regulations. To do so effectively, you’ll need a specialized tool.
Usercentrics helps businesses achieve privacy compliance by:
- managing consent in alignment with your stated terms
- tracking user preferences as outlined in your agreements
- keeping you up to date with evolving global regulations
By combining clear Terms of Service with Usercentrics’ tools, you can create a comprehensive privacy compliance framework that protects both your users’ rights and your business.