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Terms of Service Template for your Site

Curious about Terms of Service, what they are and what they should include? Looking for a Terms of Service template? You’re in the right place!

💡 Download our free Terms of Service template right away or keep reading for a deep dive into crafting a perfect privacy policy, including why you need one for your website and examples.

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A Terms of Service Agreement is a crucial legal document that allows you to set rules that users must follow when using your site or mobile app.

👀 In this article, we cover everything from how important this document is, the information to include, where to display it + a free Terms of Service template. Let’s dive in.

terms of service template

What are Terms of Service?

A Terms of Service agreement, often called Terms and Conditions (T&C) or End User License Agreement (EULA), is a contract between you (the service provider) and your users. This key document allows you to set the rules for how people can interact with your website, app, or service. For example, you can outline the right way to use copyrighted content, spell out the steps for suspending or ending a user account, and even the delivery times, returns, etc., if you run an e-commerce site.

🌟 Fun Fact: Terms of Service, Terms and Conditions, and User Agreements all usually mean the same thing.

Why you need Terms of Service for your website

Even if the law doesn’t always say you must have Terms of Service, it’s a really good idea to include one on your website. Here’s why:

  • Protection Layer: Terms of Service provide a level of protection for you and your business. They help you handle problems that might come up, or even stop those problems before they start. Without these rules in place, it’s tough to defend yourself in case of legal disputes or claims.
  • Best Practice: Although not always a legal requirement, having a Terms of Service is considered a best practice for any business. It contributes to building trust and transparency while also providing protection against potential liabilities for various types of businesses, ranging from bloggers to online shops.
  • E-Commerce Importance*: Especially crucial for e-commerce, Terms of Service outline payment, shipping, delivery, cancellations, and refunds. It’s essential for clarity and business protection. *Be aware that having Terms of Service may be more than just a good idea — it can be a legal requirement. These terms often include legally mandated disclosures about warranties, withdrawal rights, and other consumer protections.
  • Protect rights: Terms of Service allow you to maintain control over your intellectual property, for example, content and trademark.

💡 Fun Fact: Did you know that no matter what your website is about—whether you’re selling physical items or not—you should really have a professional Terms of Service? Terms of Service let you set your own rules, protect your ideas, and even limit your responsibilities if something goes wrong.


Terms of Service Generator

Generate Your Terms of Service

Basic templates are often not enough to protect your business and intellectual property.

Terms of Service are legally binding documents, so making sure they are customizable and professional is important.

Easily set things like law of governance, disclaimers, limitations of liability and more here 👇

Try it risk free with our 14-day money-back guarantee

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Reasons to Have a Terms of Service Agreement

Limiting your liability

Terms of Service could serve as a shield to limit your liability. They can help you avoid some costly problems, like being held responsible for misuse of your products or if your website has a malfunction. These terms make sure you’re not on the hook for things that aren’t totally under your control.

Protection from abusive behavior

Think of your Terms of Service as a shield against unauthorized actions or behaviours. Here’s how:

  • Setting the Rules: You can lay down some ground rules about what kind of comments are okay—and what’s not —in your blog’s comment section.
  • Safeguarding Intellectual Property: You can also prevent people from copying your stuff, like logos and original content. This is super important for protecting your copyrights.

Useful disclaimers

Think of this part as being totally upfront with your users.

  • Outlining Responsibilities: Your ToS document outlines out who’s responsible for what in terms of rights, responsibilities, and obligations.
  • Stating the Applicable Laws: Your terms may also allow you to set the law of governance that applies. For example, choosing to have the document governed by the consumer laws of one state vs another.
  • Being Reasonable: A regular disclaimer reminds users that the info you provide might not always be accurate or complete. Users assume the risks associated when they use that info.

In addition to having your Terms of Service accessible from your website’s footer at any time, it’s a good idea to show your Terms of Service to users in critical moments (like when they’re signing up, commenting, or making payments). This way, they can read and agree to them.

What should I include in my terms of service?

In short, your Terms of Service should cover:

  • An introduction and how the terms may change
  • A link to your Privacy Policy
  • Rules for user behavior
  • Copyright rules
  • Limitations on your liability and disclaimers
  • Payment and refund details
  • How to settle disagreements
  • Your contact information

What are the basic terms of service?

While each Terms of Service agreement will be different based on your unique business situation, there are some common elements. At a minimum, your ToS agreement should include:

  • Tell Users Who You Are: Clearly identify your business.
  • Explain Your Service: Describe what your website or app offers.
  • Promise and Assurance: If relevant, let users know about any warranties or guarantees.
  • Rights to Withdrawal: If applicable, explain any rights users have to change their mind.
  • Who’s Responsible: Explain how risks, liabilities, and disclaimers are managed.
  • Safety Information: If applicable, provide instructions for proper use.
  • Rights of Use: Specify any rights of use if they apply.
  • How to Use: If you have specific rules, like age requirements or location-based restrictions, spell them out.
  • What Happens if…? Explain how refunds, exchanges, and service termination work.
  • Order Delivery: If you’re delivering products, describe how that works.
  • Payment Options: Provide information about payment methods.
  • Extra information: Add any other important details that apply.

🌟 Note: Keep your Terms of Service up to date with relevant laws and tailored to your specific business needs, it is crucial to ensure the document aligns with your unique business operations, structure, and is continuously updated. Learn how to do this here.

What is a generic terms of service policy?

A generic Terms of Service (ToS) policy is like a ready-made outline. It’s a general starting point that covers some of the usual things you find in basic Terms documents. However, generic templates aren’t created for any particular business type, product, or service. So, so it’s important to deeply review it for missing clauses or information that might not apply to your business.

You’ll also need to correctly fill in the missing information, and customize the document to legitimately apply to your specific service and business needs. If using a generic terms of service policy, it’s highly recommended that you hire a legal professional to help you modify and review the document to make sure it’s legally accurate.

💡 Remember, the whole point of terms or service is to give your business a protective shield against potential issues – including legal ones.

How do I write my own terms of service?

You do have the option to write your own Terms of Service document, but keep in mind that this process demands a solid background of legal language, principles, and the relevant laws. It can be complex and time-consuming as you try to create a document that suits your specific business activities. If you’re not familiar with legal matters, there’s a risk of missing important legal protections or not complying with laws and regulations.

Using a standard terms of service template might be an attractive option because of cost-effectiveness. However, once you start using them, you’ll soon realise that they’re not tailored to your specific business needs. As a result, specific legal concerns may be overlooked and they may not always be up to date with the latest laws and regulations. In the end, you might need to invest considerable effort in legal work and adding more details from your side.

Hiring a legal expert is, of course, the safest choice when it comes to drafting your Terms of Service document. This guarantees that your document agreement is thorough and maintains a level of legal precision and professionalism that can offer optimal protection for your interests. However, this route can also be quite expensive, as you have to go back every time a regulation or law changes, or even if you just want to add or change something.

👉 A balanced solution (and the one we suggest! ✅) is to use a professional Terms of Service Generator. This approach is both cost-effective and convenient. It generates a customized online agreement based on the information you provide. You can then easily add it to your website. iubenda’s Generator has been developed by legal experts and contain a wide range of clauses that allow you to easily customize your document. They ensure that the content is legally compliant and allow you to make any necessary changes at any time.

How do I enforce terms of service agreements?

In addition to having your Terms of Service accessible from your website’s footer at any time, it’s a good idea to show your Terms of Service to users in critical moments (like when they’re signing up, commenting, or making payments). This way, they can read and agree to them.

There are typical situations where users should see the Terms of Service:

  • When they’re creating an account on your website.
  • If they’re signing up for a subscription.
  • When they’re making a purchase.
  • If they’re downloading your mobile app.

💡 To make sure users understand and accept your Terms, you can use a method called clickwrap, it’s the most common way to do this.

Terms of Service Example

To provide you with a clearer view of what a Terms of Service (ToS) document might look like, we’ll explore real-world ToS examples from well-known brands.

Please note that these examples offer insights into how different brands structure their ToS documents. While they provide guidance, remember that your specific terms of service and policies should match your business offerings, industry regulations, and legal requirements.

Here, we’ve selected a few prime examples of websites that have effectively implemented terms of service using the iubenda generator:

📌 Linkbuilder

Here, you can see how Linkbuilder displays the terms of service in full screen when users click on the button at the bottom of the page:

linkbuilder website terms of service

Click on the button to see the live example:

Terms of Service Example Linkbuilder

📌 iubenda

In contrast, iubenda shows their terms and conditions in a pop-up window after users click on the button at the foot of the page:

terms of service agreement

Click on the button to see the live example:

Terms of Service Example iubenda

Download our Sample Terms of Service Template for your Website

Is it ok to use a Terms of Service Template?

Using a basic template is not wrong by default, but it can come with significant risk to you and your business. Should conflict arise or if a lawsuit is filed by a user, your Terms of Service document will be your first line of defence. Terms of Service are complex legal documents that cover multiple legal scenarios (eg. commercial law, copyright laws, liabilities etc.), jurisdictions, and must apply to your specific business practices. This is difficult to achieve with a basic template.

Too many things to think about? Using just a Terms and Conditions template is too complicated and a bit risky? We recommend using a professional solution: jump to this section to learn more.

How to Use the Template

  1. Download the Template: Get our free Terms of Service template in Word Doc or PDF format, or copy and paste the HTML directly into your website.
  2. Fill in Business and Contact Details: Before you publish it, fill in all the [brackets] with your business info and contact details.
  3. Customize Sale and Service Clauses: The template covers selling physical goods and includes sections for both business-to-business (B2B) and business-to-consumer (B2C) sales, with some clauses addressing only consumers. Make sure these sections match what your business offers.
  4. Tailor to Legal Jurisdictions: The template includes parts relevant to the EU, the UK, and the US. Some sections are specific to certain areas, so make sure they comply with the laws where your customers are.

Terms of Service Template (HTML Text)

Copy and paste the Terms of Service Template HTML directly into your website.

<h1>Terms of Service of <code>[website name]</code></h1>
<p>This document governs</p>
<ul>
 <li>the use of our website, and,</li>
 <li>any other related agreement or legal relationship with us</li>
</ul>
<p>in a legally binding way.</p>
<p>You must read this document carefully.</p>
<p>Our website is provided by: <br>
<code>[name/company and full address]</code></p>
<p><strong>Contact email:</strong><code>[email address]</code></p>
<p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/132171-sample-terms-of-service-template">Terms of Service template</a>.</p>
<h2>What you should know at a glance</h2>
<p>Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.</p>
<h2>TERMS OF USE</h2>
<p>Unless stated otherwise, the terms in this section apply generally when using our website.</p>
<p>Specific or additional conditions may apply in certain situations and are noted in this document.</p>
<p>By using our website, you confirm the following:</p>
<ul>
 <li>you are older than <code>[number of years of age]</code>;</li>
 <li>you are not in a country under a U.S. government embargo or designated as a "terrorist-supporting" country;</li>
 <li>you are not on any U.S. government list of prohibited or restricted parties.</li>
</ul>
<h3>Account registration</h3>
<p>To use the service, you can register or create an account by providing complete and truthful information. You can also use the service without an account, but this might limit some features.</p>
<p>You are responsible for keeping your login details confidential and must choose passwords that meet the highest standards of strength as allowed by our website.</p>
<p>By registering, you agree to take full responsibility for all activities under your username and password. <br>
You must immediately inform us using the contact details in this document if you believe your personal information, account, or login details have been violated, disclosed, or stolen.</p>
<h4>Conditions for account registration</h4>
<p>Registration of accounts on our website is subject to the conditions outlined below. By registering, you agree to meet such conditions.</p>
<ul>
 <li>It is not permitted to register accounts by bots or any other automated methods;</li>
 <li>You must register only one account, unless otherwise specified;</li>
 <li>Your account must not be shared with other persons unless otherwise specified.</li>
</ul>
<h4>Account termination</h4>
<p>You can close your account and stop using our service anytime by contacting us at the contact details provided in this document.</p>
<h4>Account suspension and deletion</h4>
<p>We reserve the right to suspend or delete your account at any time and without notice if we find it inappropriate, offensive, or in violation of these terms.</p>
<p>Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement.</p>
<p>The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.</p>
<h3>Content on the website</h3>
<p>Unless otherwise noted, all content on our website is owned or provided by us or our licensors.</p>
<p>We do our best to ensure the content on our website complies with all laws and respects third-party rights. However, this may not always be achievable. <br>
If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.</p>
<h4>Rights regarding content on our website - All rights reserved</h4>
<p>We hold and reserve all intellectual property rights for all content.</p>
<p>You may not use such content in any way that is not necessary or implied for the proper use of the service.</p>
<p>Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content on our website. You also cannot allow any third party to do so through your account or device, even unknowingly.</p>
<p>Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions.</p>
<p>Any statutory limitations or exceptions to copyright remain unaffected.</p>
<h3>Access to external resources</h3>
<p>Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.</p>
<p>Conditions for third-party resources, including any rights granted in their content, are governed by those third parties' terms and conditions or by applicable law.</p>
<h3>Acceptable use</h3>
<p>Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.</p>
<p>You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.</p>
<p>We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:</p>
<ul>
 <li>violating laws, regulations, or these terms;</li>
 <li>infringing on third-party rights;</li>
 <li>significantly impairing our legitimate interests;</li>
 <li>offending us or any third party.</li>
</ul>
<h2>TERMS AND CONDITIONS OF SALE</h2>
<h3>Paid products</h3>
<p>Some of our products require payment. Details about fees, duration, and conditions are described below and in the dedicated sections of our website.</p>
<h3>Product description</h3>
<p>Prices, descriptions, and availability of products are detailed in the relevant sections of our website and may change without notice.</p>
<p>Although we strive for accuracy in presenting products on our website, representations (including graphics, images, colors, and sounds) are for reference only and do not guarantee the characteristics of the purchased product.</p>
<p>The specific characteristics of the chosen product are outlined during the purchasing process.</p>
<h3>Purchasing process</h3>
<p>Every action taken from selecting a product to submitting the order is part of the purchasing process.</p>
<p><code>[specify your purchasing process]</code></p>
<h3>Order submission</h3>
<p>When you place an order, the following apply:</p>
<ul>
 <li>submitting an order determines the contract conclusion and obligates you to pay the specified price, taxes, and any additional fees and expenses outlined on the order page;</li>
 <li>if the purchased product requires action from you, such as providing personal information or specific requests, submitting the order means you agree to cooperate accordingly;</li>
 <li>after submitting the order, you will receive a receipt confirming that the order has been received.</li>
</ul>
<p>All communications regarding the purchasing process will be sent to the email address you provided.</p>
<h3>Prices</h3>
<p>During checkout and before order submission, you will see all charges, including any fees, taxes, and costs (including, where applicable, delivery costs).</p>
<p>On our website, prices are displayed including all applicable fees, taxes, and costs.</p>
<p><code>[add more details about prices]</code></p>
<h3>Methods of payment</h3>
<p>Details about accepted payment methods are provided during the purchasing process.</p>
<p>Certain payment methods might have additional conditions or fees. In these cases, more information can be found in the related section of our website.</p>
<p><code>[add more details about payment methods]</code></p>
<h3>Retention of product ownership</h3>
<p>Until payment of the total purchase price is received by us, any products ordered will not become your property.</p>
<h3>Delivery</h3>
<p>Products are delivered to the address provided by you and in the manner outlined in the order summary.</p>
<p>Upon delivery, please check the content and report any issues promptly using the contact details provided in this document or as outlined in the delivery note. If the parcel appears visibly damaged, you may refuse to accept it.</p>
<p>Goods are delivered to the following countries: <code>[country name]</code></p>
<p>Delivery times are outlined on our website or during the purchasing process.</p>
<p><code>[add more details about delivery]</code></p>
<h4>Failed delivery</h4>
<p>We are not liable for delivery errors due to incorrect or incomplete information provided by you during the purchasing process nor for any damage or delays after delivery to a carrier organized by you and not offered or recommended by us.</p>
<p>If the goods are not received or collected at the time or within the period specified, they will be returned to us. We will contact you to schedule a second delivery attempt or to agree on a future course of action.</p>
<p>Unless otherwise agreed, each delivery attempt after the second one will be at your expense.</p>
<h2>USER RIGHTS</h2>
<h3>Right of withdrawal</h3>
<p>Unless exceptions apply, if you qualify as a European consumer, you have the right to withdraw from a contract within a specified period (usually 14 days), without giving any reason. If you don’t fit this qualification, you cannot benefit from the rights described in this section.</p>
<h4>Exercising your right of withdrawal</h4>
<p>To withdraw from a contract, you must inform us clearly of your decision. This can be done using a withdrawal form or by any other clear statement. Make sure to do this before the withdrawal period ends.</p>
<h4>Withdrawal period</h4>
<ul>
 <li>for goods, the withdrawal period ends 14 days after you or a designated third party takes physical possession of the goods;</li>
 <li>for multiple goods ordered together or delivered separately, the withdrawal period ends 14 days after you or a designated third party acquires physical possession of the last good.</li>
</ul>
<h4>Effects of withdrawal</h4>
<p>If you correctly withdraw from a contract, we will reimburse you for all payments made to us, including any delivery costs, if applicable.</p>
<p>However, any additional costs resulting from choosing a delivery method other than our standard option will not be reimbursed.</p>
<p>We will process your reimbursement promptly and no later than 14 days after we receive your withdrawal notification. Reimbursements will be made using the same payment method you used for the initial transaction unless agreed otherwise. You will not incur any costs or fees for this reimbursement.</p>
<h4>... on the purchase of physical goods</h4>
<p>Unless we have offered to collect the goods, you must return them to us or to a person authorized by us without delay and no later than 14 days after notifying us of your decision to withdraw from the contract.</p>
<p>Your deadline is met if you hand the goods to the carrier or return them as instructed before the 14-day period expires. We may withhold reimbursement until we receive the goods or until you provide evidence of returning them, whichever occurs first.</p>
<p>You are responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.</p>
<p>You will bear the costs of returning the goods.</p>
<h3>UK USER RIGHTS</h3>
<h4>Right to cancel</h4>
<p>Unless exceptions apply, if you qualify as a consumer in the United Kingdom, you have the right to withdraw from a contract within a specified period (usually 14 days), without giving any reason. If you do not fit this qualification, you cannot benefit from the rights described in this section.</p>
<h4>Exercising your right to cancel</h4>
<p>To withdraw from a contract, you must inform us clearly of your decision. This can be done using a cancellation form or by any other clear statement. Make sure to do this before the cancellation period ends.</p>
<h4>Cancellation period</h4>
<ul>
 <li>for goods, the cancellation period ends 14 days after you or a designated third party takes physical possession of the goods;</li>
 <li>for multiple goods ordered together or delivered separately, the cancellation period ends 14 days after you or a designated third party acquires physical possession of the last good.</li>
</ul>
<h4>Effects of cancellation</h4>
<p>If you correctly withdraw from a contract, we will reimburse you for all payments made to us, including any delivery costs, if applicable.</p>
<p>However, any additional costs resulting from choosing a delivery method other than our standard option will not be reimbursed.</p>
<p>We will process your reimbursement promptly and no later than 14 days after we receive your cancellation notification. Reimbursements will be made using the same payment method you used for the initial transaction unless agreed otherwise. You will not incur any costs or fees for this reimbursement.</p>
<h4>... on the purchase of physical goods</h4>
<p>Unless we have offered to collect the goods, you must return them to us or to a person authorized by us without delay and no later than 14 days after notifying us of your decision to withdraw from the contract.</p>
<p>Your deadline is met if you hand the goods to the carrier or return them as instructed before the 14-day period expires. We may withhold reimbursement until we receive the goods or until you provide evidence of returning them, whichever occurs first.</p>
<p>You are responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.</p>
<p>You will bear the costs of returning the goods.</p>
<h2>GUARANTEES</h2>
<h3>Legal guarantee of conformity for goods under EU law</h3>
<p>We guarantee the conformity of goods sold to European consumers for at least 2 years from delivery. This guarantee applies to goods on our website according to the laws of your country.</p>
<p>The laws of your country may grant you broader rights regarding legal guarantees of conformity.</p>
<h3>Conformity to contract for consumers in the United Kingdom</h3>
<p>UK consumers have the right to receive goods that conform to the contract.</p>
<h2>LIABILITY AND INDEMNIFICATION</h2>
<p>We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.</p>
<h4>Indemnification</h4>
<p>You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.</p>
<h4>Limitation of liability</h4>
<p>Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).</p>
<p>However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract's purpose), and/or damages resulting from intentional or gross negligence, provided that our website has been used appropriately and correctly by you.</p>
<p>Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the contract was entered into.</p>
<h3>US users</h3>
<h4>Disclaimer of warranties</h4>
<p>Our website is provided on an “as is” and “as available” basis. When you use our service, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else's rights. Please keep in mind that any advice or information you receive from us or through our service does not create any warranties beyond what we have explicitly stated here.</p>
<p>Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that it is always going to be the case. We do not guarantee that the service will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control. While we do our best to keep everything running smoothly, we cannot ensure that the service will be free of harmful elements like viruses. If you choose to download any content from our service, you are assuming the risk, and we are not responsible for any damage it might cause to your devices or data.</p>
<p>We do not endorse or guarantee any products or services advertised through our service or any links we provide. We are not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.</p>
<p>Our service might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our service.</p>
<p>While we may have certain exclusions and limitations in our agreement, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and other jurisdictions, may offer protections that supersede our disclaimers and exclusions. This means that you may have specific legal rights that are not affected by our agreement. It is essential to understand your rights, as they may vary from state to state or country to country. We want to emphasize that any disclaimers or exclusions in our agreement will only be enforced to the extent permitted by applicable law.</p>
<h4>Limitation of liability</h4>
<p>To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:</p>
<ul>
 <li>any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;</li>
 <li>any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;</li>
 <li>errors, mistakes, or inaccuracies in the content provided;</li>
 <li>personal injury or property damage resulting from your use of the service;</li>
 <li>unauthorized access to our secure servers or personal information stored therein;</li>
 <li>interruption or cessation of transmission to or from the service;</li>
 <li>bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;</li>
 <li>errors or omissions in any content posted, transmitted, or made available through the service;</li>
 <li>defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.</li>
</ul>
<p>This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.</p>
<p>Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.</p>
<h4>Indemnification</h4>
<p>By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:</p>
<ul>
 <li>your use of the service, including any data or content you transmit or receive;</li>
 <li>your violation of these terms, including any breach of representations and warranties;</li>
 <li>your violation of third-party rights, such as privacy or intellectual property rights;</li>
 <li>your violation of statutory laws, rules, or regulations;</li>
 <li>any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;</li>
 <li>your intentional misconduct; or</li>
 <li>any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.</li>
</ul>
<h2>COMMON PROVISIONS</h2>
<h3>No waiver</h3>
<p>Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.</p>
<h3>Service interruption</h3>
<p>To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.</p>
<p>We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.</p>
<p>The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.</p>
<h3>Service reselling</h3>
<p>You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission, granted either directly or through a legitimate reselling program.</p>
<h3>Privacy policy</h3>
<p>For information on the use of personal data, you can refer to our website's privacy policy.</p>
<h3>Intellectual property rights</h3>
<p>Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.</p>
<p>All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.</p>
<h3>Changes to the terms</h3>
<p>We reserve the right to modify these terms at any time, informing you of any changes.</p>
<p>Such changes will only affect the relationship with you from the date communicated onwards.</p>
<p>Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.</p>
<p>The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.</p>
<p>If legally required, we will notify you in advance of when the modified terms will take effect.</p>
<h3>Assignment of contract</h3>
<p>We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.</p>
<p>You cannot assign or transfer your rights or obligations under these terms without our written permission.</p>
<h3>Contact</h3>
<p>All communications regarding the use of our website must be sent using the contact information provided in this document.</p>
<h3>Severability</h3>
<p>Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.</p>
<h4>US users</h4>
<p>Any invalid or unenforceable provision will be interpreted to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. This document constitutes the entire agreement between you and us and supersedes all other communications, including but not limited to prior agreements concerning such subject matter, to the fullest extent permitted by law.</p>
<h4>EU users</h4>
<p>If any provision of this document is void, invalid, or unenforceable, we both agree to do our best to find, in an amicable way, an agreement on valid and enforceable provisions. <br>
In case of failure to do so, the void, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions.</p>
<p>Regardless of the above, the nullity, invalidity, or impossibility of enforcing a particular provision of this document will not nullify the entire agreement, unless the severed provisions are essential for it, or of such importance that we both would not have entered into the contract if we had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship for you or us.</p>
<h3>Governing law</h3>
<p>These terms are governed by the law of the place where we are based, as outlined in the relevant section of this document, without regard to conflict of laws principles.</p>
<h4>Prevalence of national law</h4>
<p>However, regardless of the above, if the law of the country that you are based on provides for higher applicable consumer protection standards, such higher standards will prevail.</p>
<h3>Venue of jurisdiction</h3>
<p>The jurisdiction over any controversy related to these terms lies with the courts of the place where we are based, as outlined in the relevant section of this document.</p>
<h4>Exception for consumers in Europe</h4>
<p>However, regardless of the above, this does not apply if you qualify as a European consumer or if you are a consumer based in the United Kingdom, Switzerland, Norway, or Iceland.</p>
<h4>UK consumers</h4>
<p>If you are a consumer based in England and Wales, you may bring legal proceedings related to these terms in the English and Welsh courts. If you are a consumer based in Scotland, you may bring legal proceedings in either the Scottish or the English courts. If you are a consumer based in Northern Ireland, you may bring legal proceedings in either the Northern Irish or the English courts.</p>
<h4>US users</h4>
<p>We both agree to waive any right to trial by jury in any court in connection with any action or litigation. <br>
Any claims under these terms shall proceed individually and we both agree not to join in a class action or other proceeding with or on behalf of others.</p>
<h3>US users</h3>
<h4>Surviving provisions</h4>
<p>Our agreement will continue in effect until it is terminated by either our website or you. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following:</p>
<ul>
 <li>your grant of licenses under this document will survive indefinitely;</li>
 <li>your indemnification obligations will survive for a period of five years from the date of termination;</li>
 <li>the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.</li>
</ul>
<h2>DISPUTE RESOLUTION</h2>
<h3>Online dispute resolution for consumers</h3>
<p>The European Commission has set up an online platform for alternative dispute resolution, providing an out-of-court solution for resolving disputes arising from online sale and service contracts.</p>
<p>Therefore, European consumers or consumers based in Norway, Iceland, or Liechtenstein can use this platform to settle disputes arising from online contracts. You can access the platform <a href="https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage">via the following link</a>.</p>

Terms of Service Template (Word DOCX)

Terms of Service Template (PDF)

Where to display your Terms of Service Agreement

Having a well-crafted ToS document is great, but it won’t be helpful if no one can find it!

You must ensure that users can easily access it whenever they need.

This means you should place it in a noticeable spot on your website:

  • [recommended 👌🏽] Include a static link in your site’s footer to ensure it’s always visible.
  • Put it in a menu, especially for mobile apps, under sections like “About” or “Legal.”
  • Integrate it into the account creation process, within a sign-up form or on a “Create Account” page.
  • Display it on checkout forms.

Website Terms of Service Summary in 10 Points

  1. Terms of Service (T&C) agreements form contracts between service providers and users, allowing the provider to set rules within the law. They are meant to protect businesses.
  2. Terms of Service, Terms and Conditions or Terms of Use are just different names that refer to the same document.
  3. Having a Terms of Service document is essential for businesses as it helps manage disputes, protect against liabilities, and comply with legal requirements.
  4. It can be mandatory for e-commerce to have detailed Terms and Conditions that cover sales conditions, payment methods, shipping, delivery, withdrawal, and cancellation procedures.
  5. Limitations of liability, protection from abusive behavior, and disclaimers are important elements to include in a Terms of Service document.
  6. Terms of Service agreements should include identification of the business, service descriptions, warranty information, withdrawal rights, payment details, and other relevant clauses.
  7. It is crucial to enforce Terms of Service by presenting them to users during account creation, subscriptions, purchases, and app downloads.
  8. Terms of Service should be displayed prominently on websites, such as in the footer, menus, or during the account creation and checkout processes.
  9. Ensure your document covers all your business processes and is always up-to-date.
  10. Since a Terms of Service document is legally-binding and should protect your business, make sure it is professional and customized. For this, we recommend using a Terms of Service Generator to easily create your own.

Terms of Service Template Tips

Before deciding to use a website terms of service template, here are a few considerations to make.

1. Identify missing information

Your document should always be up-to-date with the various privacy laws and in its contents in general. It should also match your specific business processes and model.

Start by going through each of the following areas and their questions:


  • Is your business mainly focused on making money from content?
  • If you have an online store, do you sell digital items, physical items, or both?
  • Do you mainly sell to other companies, or only to individual customers (B2B vs. B2C)?
  • Do your users have the ability to sell to other users?

  • What are your methods for signing up?
  • What are the various types of accounts (e.g., guest vs logged in)?
  • What user roles are there? Can they up-vote ratings, comment, or report others?
  • What payment options do you offer? (Credit card, PayPal, gift cards…)
  • What are your policies for returns and shipping?

  • Do you have different user levels (registered vs. non-registered)?
  • How do you handle sensitive data when processing payments?
  • What do you expect from users in terms of behavior (including comments), account termination, and the use of your product/service/content?
  • Do you participate in an affiliate program?
  • Can your products/content potentially be harmful if used incorrectly?
  • What is your governing law?

2. Ensure your document is complete and keep it up-to-date

You should make sure to incorporate all the essential clauses required to limit potential liabilities and regularly revise the document whenever something changes (whether it’s the law, or some of your business processes).

💡It’s essential to have well-crafted Terms of Service. The opposite could not serve its purpose and at worst, potentially bring legal complications.

3. Use a professional Terms of Service Generator

It is strongly recommended to use a high-quality generator for building a legally-biding document.

Naturally, having a personal lawyer prepare and revise your documents is an even better (but costly!) option. A quality generator with text written by legal professionals is the next best thing!

Craft your document in minutes with iubenda’s Terms and Conditions Generator



  • 🚀 Save yourself the headache, quickly find what you need 👉 pick from hundreds of scenario-specific clauses;
  • 🚀 Build a precise and compliant legal document 👉 clauses have been pre-drafted by lawyers;
  • 🚀 Give up the static template 👉 add, remove or update your document at anytime from your own dashboard

Don’t just take our word for it! See it in action 🎥 ⬇️


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About us

iubenda

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com