Terms of Service Generator (Simple)
How it works
Terms of Service (ToS) — also called Terms and Conditions or Terms of Use — are the rules users must agree to before using your website, app, or service. The Terms of Service Generator creates a template covering user obligations, prohibited conduct, intellectual property, disclaimers, and limitation of liability.
**Why terms of service matter** Without enforceable terms: users can do anything your platform technically allows; you have no contractual basis to terminate abusive accounts; your content and intellectual property may not be adequately protected; your liability exposure for user-generated content, service interruptions, and inaccuracies is undefined; dispute resolution and governing law are unclear.
**Key sections** User accounts and eligibility (age restrictions, account responsibility); acceptable use policy (prohibited conduct: spam, illegal activity, intellectual property violations, harassment); intellectual property (you retain ownership of your content; user grants you license to their uploaded content); disclaimers (service provided "as-is," no warranty of accuracy or uptime); limitation of liability (cap damages to amount paid, exclude consequential damages); indemnification (user defends you against third-party claims arising from their use); termination rights (your right to suspend or terminate accounts); dispute resolution (arbitration clause, class action waiver, governing law and jurisdiction).
**Clickwrap vs. browsewrap** Clickwrap (user must actively click "I agree") is more enforceable than browsewrap (link at footer, "by using this site you agree"). For significant obligations (paid subscriptions, arbitration clauses), clickwrap with a timestamp is strongly preferred.
This tool generates a starting template. Have an attorney review for your specific service and jurisdiction.
Frequently Asked Questions
- Terms of Service (also called Terms of Use or Terms and Conditions) govern the contractual relationship between you and users — acceptable use, prohibited conduct, intellectual property ownership, disclaimers, and dispute resolution. A Privacy Policy specifically explains what personal data you collect, how you use it, and users' rights regarding that data. Both documents are separate and serve different legal purposes. Most websites and apps need both.
- Acceptance of terms (how users agree — by using the service, by clicking accept), account registration and responsibilities, acceptable and prohibited use, intellectual property ownership (who owns user-generated content), payment terms if applicable, disclaimers of warranties, limitation of liability, indemnification, termination conditions (when you can suspend accounts), governing law and jurisdiction, and dispute resolution (arbitration clause if applicable).
- Generally yes if users had reasonable notice and an opportunity to review them. 'Browsewrap' agreements (terms linked in footer, no affirmative consent) are less enforceable than 'clickwrap' (users must check a box or click 'I agree'). Courts look at: was the user shown the terms, was the acceptance mechanism clear, and are the terms unconscionable or illegal. Bury unfair terms in walls of legal text and courts may refuse to enforce them.
- No. Limitation of liability clauses are generally enforceable but not absolute. Courts won't enforce limitations for intentional harm, fraud, or gross negligence. Some consumer protection laws override limitation clauses — you can't disclaim liability for defective products in some jurisdictions. Limitation clauses should be specific (cap liability at the amount paid, for example) and conspicuous — ALL CAPS is commonly used precisely because it signals importance to courts.