Our Terms and Conditions Generator makes it easy to create a Terms and Conditions agreement for your business. Just follow these steps:
At Step 1, select the Website option or the App option or both.
TermsFeed Terms and Conditions Generator: Create Terms and Conditions – Step 1
Answer some questions about your website or app.
TermsFeed Terms and Conditions Generator: Answer questions about website – Step 2
Answer some questions about your business
TermsFeed Terms and Conditions Generator: Answer questions about business practices – Step 3
Enter the email address where you’d like the T&C delivered and click “Generate.”
TermsFeed Terms and Conditions Generator: Enter your email address – Step 4
You’ll be able to instantly access and download the Terms & Conditions agreement.
Set the rules of engagement with your service
Explain how and why you may suspend or ban people from your service
Avoid or manage any potential legal issues
However, there are certain clauses that courts will not enforce under any circumstances. For example, clauses that are designed to trick or exploit the user, or clauses that are forbidden by law.
Terms and Conditions
Terms of Service
Acceptable Use Policy
These documents usually serve the same purpose but can be used in different contexts.
We’ve divided our template into three broad sections:
Information about the agreement
Rules for your users
1. Information About the Agreement
1. Information About the Agreement
Introduction and Effective Date
Introduce the agreement
Provide the effective date of the agreement
Take a look at how Evernote does this:
Evernote Terms of Service: Effective date and intro clause – 2021
Acceptance of the Agreement
Here’s how SEQ Legal does this:
SEQ legal Terms and Conditions: Accept the Terms clause
We’ll look at this in more detail below.
Reference to Other Policies
Changes to the Terms
This example from Tito should give you some idea of how to handle this clause:
Tito Terms and Conditions: Update and Modify the Terms clause
Tito states that:
It may modify its terms
It will notify users via email where possible but it isn’t obliged to do so
Users should review its terms regularly to stay updated
2. Rules for Your Users
2. Rules for Your Users
Your website or app may be unsuitable for people under a certain age.
Here’s how Bumble explains this:
Bumble Terms and Conditions of Use: Bumble Rules clause – legal age and laws excerpt
It’s also illegal to use certain services in certain places. Sports-betting service Bet365 makes this clear:
Bet365 Terms and Conditions: Federal prohibitions on gambling clause
Emphasize that it is your users’ responsibility to use your services only if it is legal for them to do so.
You should also include a general clause that outlines any specific behavior your users are not to engage in when using your website or service. Common restrictions include screen-scraping, spamming other users and reverse engineering proprietary software.
Here’s how Bet365 restricts the commercial exploitation of its information, using automated software to extract anything from the website and other specific limits:
Bet365 Terms and Conditions: Website Content and Permitted and Prohibited Use clause
Payments and Billing
If you charge for your services, it’s crucial that you set out the terms of payment very clearly, including:
Whether your prices can change
What will happen if a customer misses a payment
How a customer can cancel their contract
Here’s a short excerpt of a section like this from HubSpot’s Terms of Service that addresses some of these points:
HubSpot Terms of Service: Fees clause excerpt
Many apps and websites allow users to upload and share their own content. Common examples of user-generated content include:
Videos, pictures or audio
Here’s what Spotify UK’s terms has to say about user-generated content:
Termination of Accounts
Here’s an example from SoundCloud:
It’s up to you how you manage account suspension and termination. Just make sure you have a clear system. You should also leave yourself a lot of discretion.
3. Legal Terms
3. Legal Terms
You should take every reasonable step to ensure that you don’t cause any loss or harm to your users.
Any malware contracted by using the site
The content of any third-party websites to which the site links
The accuracy of any information presented by the site
Here’s how Aptitude Software disclaims responsibility for spreading malware via its site:
Aptitude Software Terms and Conditions: Viruses and Malware disclaimer clause
Aptitude also has a general disclaimer clause that disclaims the company’s responsibility in the event of inaccurate or incomplete information, losses or damages from using the website and if a user violates laws by using the website:
Aptitude Software Terms and Conditions: Disclaimer clause
Here’s a disclaimer about links to third-party sites from Perform Parties:
Disclaimers like these warn your users that they use your website or app at their own risk. However, they aren’t guaranteed to “stand up in court.” You may be held liable for certain acts of negligence.
Exclusion of Implied Warranties
The best way to understand an implied warranty is to contrast it with an “express warranty.”
An express warranty is a promise you make explicitly, like: “Our analytics app will increase your leads by at least 500 percent!” You have to keep promises like this or you might owe your user a refund or damages.
The principle of implied warranties (or “implied terms”) applies in many countries. We’ll focus on US law, where there are two main implied warranties:
Fitness for a particular purpose – If someone buys your product for a specific reason, and you know that they’re buying it for that reason, you guarantee that the product is fit for that purpose.
Merchantability – Any product you sell must be of reasonable quality, correctly labeled, and you must provide the correct quantity.
You shouldn’t make express promises that you cannot keep
Some jurisdictions will not recognize the exclusion of implied warranties
The UCC § 2-316 is pretty strict about the wording you must use if you want to try to exclude these implied warranties:
“[…] all implied warranties are excluded by expressions like “as is”, “with all faults” or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty.”
See our article about disclaimers for more information and examples on the variety of types of disclaimers you may need or want to include in your agreement, as well as a template to help you create your own disclaimers.
Limitation of Liability
A limitation of liability clause protects your company’s interests. It prevents your users from suing you in excess of a specific amount (which you determine).
There’s a related clause, known as an “exclusion of liability.” This prevents your users from suing you at all. Generally speaking, however, the courts are more likely to enforce a limitation of liability than an exclusion of liability.
Sounds complicated? Well, here’s how Tracking Wonder explains its limitation of liability clause in a pretty blunt way:
Tracking Wonder Terms and Conditions: Limitation of Liability clause
A limitation of liability clause normally consists of:
A list of the things that may cause a user a loss
The amount of money that you’re willing to pay out in damages if such a loss occurs
Here’s an example from Twitter:
Twitter Terms of Service: Limitation of Liability clause
A rough translation of what Twitter is saying:
We exclude any liability for any losses you incur by using our site, insofar as it is legally possible to do so.
If it turns out that we are liable for a loss, you agree only to sue us for $100.
Note that Twitter’s limitation of liability clause is in all caps.
UCC § 1-201 requires that certain contractual clauses (such as a limitation of liability) are “conspicuous.” Using upper-case letters is one way to achieve this.
An “indemnification” or “hold harmless” clause generally applies to services that allow user contributions.
Let’s say one of your users posts something defamatory on your website. The defamed person sues your company for $1 million. You spend $100,000 on legal fees defending the case. You lose.
If the user who posted the defamatory content has agreed to an indemnity clause, you can then sue that user to get your $1,100,000 back.
Here’s an example of a clause like this from Flick:
Flick Terms of Service: User Content Indemnification clause excerpt
Choice of Jurisdiction/Governing Law
Here’s an example from Royal Gold:
Just like in a football game, a legal battle has a significant “home advantage.” You’ll almost certainly want to choose the legal jurisdiction in which your company is based.
But what’s the best way to go about getting acceptance?
This is known as a “clickwrap” agreement.
Here’s Google’s clickwrap mechanism:
Google Create Account form with Agree to Terms of Service checkbox highlighted
The user can’t create an account without clicking “I agree to the Google Terms of Service.” If Google attempts to enforce this agreement, the user can’t reasonably claim that they never accepted it.
Creating an account
Installing an app
Making a purchase
It’s much harder to enforce a browsewrap agreement. A user could easily claim that they never read it, and, therefore, did not agree to it.
However, the courts are more likely to enforce your browsewrap agreement if you:
Here is a list of frequently asked questions that you may find useful.
However, having one is very important because it offers many benefits for both you and your users.
Introduce the agreement and gives its effective date
Obtain acceptance of the agreement
Grant you the right to make changes to the agreement
Set the rules about user-generated content
Set the rules around payments and billing
Set the conditions under which you may suspend or terminate a user’s account
Disclaim your responsibilities for the spread of malware, etc.
Exclude implied warranties
Limit your company’s liability
Indemnify your company against any losses your users cause
Determine your legal jurisdiction
Links to Other Websites
Limitation of Liability
“AS IS” and “AS AVAILABLE” Disclaimer
Severability and Waiver