Terms of Service Template

Standard Terms of Service template for websites and online services. Covers acceptable use, user accounts, intellectual property, and liability.

⚠️ LEGAL DISCLAIMER:

This template is for informational purposes only and does NOT constitute legal advice. Terms of Service are legally binding documents. ALWAYS consult with a qualified attorney before publishing. TextPlus is not responsible for any legal issues arising from use of this template.

📋 What are Terms of Service?

Terms of Service (TOS) are a legal agreement between you and your users that governs how they can use your website or service.

  • Purpose: Protect your business and set user expectations
  • Enforceability: Legally binding when users agree to them
  • Required for: Most online platforms, especially those with user accounts
  • Link from: Footer of every page, registration/checkout process

Standard Terms of Service

Terms of Service Last Updated: [DATE] 1. ACCEPTANCE OF TERMS By accessing and using [YOUR WEBSITE/SERVICE], you agree to be bound by these Terms of Service. If you do not agree, do not use our services. 2. DESCRIPTION OF SERVICE [YOUR COMPANY] provides [BRIEF DESCRIPTION OF YOUR SERVICE/PRODUCT]. We reserve the right to modify, suspend, or discontinue the service at any time. 3. USER ACCOUNTS 3.1 Account Creation To use certain features, you must create an account. You are responsible for: • Maintaining account security and confidentiality of passwords • All activities that occur under your account • Providing accurate and complete information • Keeping your account information up to date 3.2 Account Requirements You must: • Be at least 13 years old (or 16 in the EU) • Provide true, accurate, and complete information • Not use another person's account without permission • Notify us immediately of any unauthorized use 3.3 Account Termination We may suspend or terminate your account if you violate these terms or for any other reason at our sole discretion. 4. ACCEPTABLE USE You agree NOT to: • Violate any applicable laws or regulations • Infringe intellectual property rights of others • Transmit harmful code, viruses, or malware • Interfere with or disrupt service operation or servers • Harass, abuse, or harm other users • Use the service for unauthorized commercial purposes • Impersonate any person or entity • Collect user information without consent • Engage in any automated use (bots, scrapers) without permission 5. INTELLECTUAL PROPERTY 5.1 Our Content All content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, downloads, and software) are owned by [YOUR COMPANY] and protected by copyright, trademark, patent, and other intellectual property laws. 5.2 Limited License We grant you a limited, non-exclusive, non-transferable license to access and use the service for personal, non-commercial purposes. 5.3 Restrictions You may not: • Copy, modify, distribute, or create derivative works • Reverse engineer or decompile any part of the service • Remove or alter any copyright or proprietary notices 6. USER CONTENT 6.1 Ownership You retain all rights to content you submit, post, or display on the service. 6.2 License to Us By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute your content as necessary to provide and improve the service. 6.3 Content Responsibility You represent and warrant that: • You own or have necessary rights to your content • Your content does not violate any rights or laws • Your content is not defamatory, obscene, or offensive 6.4 Content Removal We reserve the right to remove any content that violates these terms or that we find objectionable, without notice. 7. DISCLAIMERS 7.1 As-Is Basis THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 7.2 No Guarantee We do not warrant that: • The service will be uninterrupted, timely, secure, or error-free • Results obtained from using the service will be accurate or reliable • The quality of any products, services, or information purchased will meet your expectations • Any errors in the service will be corrected 8. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, [YOUR COMPANY] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM: • Your use or inability to use the service • Unauthorized access to or alteration of your content • Statements or conduct of any third party on the service • Any other matter relating to the service IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100 IF YOU HAVE NOT MADE ANY PAYMENTS. 9. INDEMNIFICATION You agree to indemnify, defend, and hold harmless [YOUR COMPANY], its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising from: • Your use or misuse of the service • Your violation of these terms • Your violation of any rights of another party • Your content 10. THIRD-PARTY LINKS AND SERVICES The service may contain links to third-party websites or services not owned or controlled by [YOUR COMPANY]. We have no control over and assume no responsibility for third-party content, privacy policies, or practices. 11. TERMINATION 11.1 By You You may stop using the service at any time and request account deletion. 11.2 By Us We may terminate or suspend your access immediately, without prior notice, for any reason, including violation of these terms. 11.3 Effect of Termination Upon termination: • Your right to use the service ceases immediately • We may delete your account and content • Sections that should survive termination (limitations of liability, disclaimers, indemnification) remain in effect 12. CHANGES TO TERMS We reserve the right to modify these terms at any time. We will notify users of material changes by: • Posting the new terms on this page • Updating the "Last Updated" date • [Sending email notification to registered users] Continued use of the service after changes constitutes acceptance of the modified terms. 13. DISPUTE RESOLUTION 13.1 Governing Law These terms are governed by the laws of [YOUR JURISDICTION], without regard to conflict of law provisions. 13.2 Arbitration (Optional) Any dispute arising from these terms or the service shall be resolved through binding arbitration in [LOCATION] rather than in court, except you may assert claims in small claims court if they qualify. 13.3 Class Action Waiver (Optional) You agree that disputes will be resolved individually, not as part of a class action or representative proceeding. 14. GENERAL PROVISIONS 14.1 Entire Agreement These terms constitute the entire agreement between you and [YOUR COMPANY] regarding use of the service. 14.2 Severability If any provision is found unenforceable, the remaining provisions will remain in full effect. 14.3 Waiver Our failure to enforce any right or provision will not be considered a waiver. 14.4 Assignment You may not assign these terms without our consent. We may assign these terms without restriction. 15. CONTACT For questions about these Terms of Service, contact: [YOUR EMAIL] [YOUR MAILING ADDRESS] [YOUR COMPANY NAME] [YOUR WEBSITE URL]

How to Customize This Template

  • Replace all [BRACKETED] sections: Fill in your company name, email, address, service description
  • Remove inapplicable sections: If you don't have user accounts, remove section 3
  • Add specific rules: Include industry-specific requirements or prohibitions
  • Consider arbitration carefully: Consult lawyer about pros/cons for your business
  • Age requirements: Adjust based on your service (13+ for most US, 16+ for EU under GDPR)
  • Review annually: Update when your service changes or laws change
  • Legal review required: Have attorney review before publishing

✅ Essential Sections Every TOS Should Include

  • Acceptance: How users agree to terms
  • Service description: What you provide
  • User obligations: What users must/must not do
  • Intellectual property: Who owns what
  • Disclaimers: Limitations on your guarantees
  • Liability limits: Caps on your legal exposure
  • Termination: How accounts can be closed
  • Governing law: Which jurisdiction's laws apply

Common Additions by Industry

  • E-commerce: Return policy, shipping terms, payment terms
  • SaaS: Subscription terms, data ownership, service level agreements
  • Social media: Content moderation, reporting system, community guidelines
  • Marketplace: Buyer/seller responsibilities, dispute resolution, fees
  • Mobile apps: Device requirements, in-app purchases, push notifications

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