How the terms of service generator works
- Start from the template. The terms and conditions template covers accounts, acceptable use, billing, liability and termination.
- Adapt it to your product. Edit plans and renewals, the minimum age, the governing law and anything specific to how your product works.
- Publish and link it. Your terms get a permanent public URL for your sign-up page, footer and app store listings. Edit them any time without changing the link.
What your terms of service will include
- Who can use the service, and account responsibilities
- Acceptable use rules and what happens when they are broken
- Ownership of user content and of your product
- Subscriptions, billing, renewals, cancellation and refunds
- Third-party services and integrations
- Suspension and termination
- Disclaimers and limitation of liability
- Governing law and how disputes are handled
- How you notify users about changes
US-specific points for your terms
Arbitration and class action waivers
Many US companies require individual arbitration and ask users to waive class actions. These clauses are generally enforceable under the Federal Arbitration Act if users clearly agree to them, but they need to be conspicuous and well drafted. Get legal advice before adding one.
DMCA notices
If users can upload content, a DMCA section explains how rights holders can report infringement. To rely on the DMCA safe harbor, you need a designated agent registered with the US Copyright Office and a process for handling takedown notices and repeat infringers.
Automatic renewals
States including California have automatic renewal laws that require you to disclose renewal terms clearly before purchase, get the customer's affirmative consent, and let them cancel easily, including online if they signed up online. Your billing section should reflect this.
Governing law and venue
Choose the state whose law governs the terms, usually where your company is incorporated or based, and say where disputes will be heard if they are not arbitrated.
Getting users to agree
Terms are easier to enforce when users clearly accept them. Show a link to the terms at sign-up or checkout, with a checkbox or a statement such as "By creating an account, you agree to the Terms of Service". Keep a record of which version each user accepted, and notify users before material changes take effect. A hosted Legiflare page keeps the latest version at one stable URL.
Related documents
Most products publish their terms together with:
- a privacy policy, which is required by law in most cases;
- a refund policy for anything you sell;
- an end user license agreement for downloadable apps; and
- a cookie policy if your website uses non-essential cookies.
Frequently asked questions
Is the terms of service generator free?
Yes. Creating, editing and hosting your terms on Legiflare is free.
Are terms of service and terms and conditions the same?
Yes. Terms of service, terms and conditions and terms of use are different names for the same kind of agreement.
Do mobile apps need terms of service?
They are strongly recommended, especially for apps with accounts, subscriptions or user-generated content. Apps distributed through the App Store also have a license agreement, either Apple's standard EULA or your own.
How do I update my terms?
Edit them in Legiflare and change the "Last updated" date. For material changes, notify users in advance by email or in the product. The public link stays the same.