Free Tool
Terms of Service Generator
Create comprehensive terms of service for your website or app. Protect your business and set clear expectations for users with our easy-to-use generator.
- No signup or credit card required
- Customizable for any business type
- Covers user content and subscriptions
- Download in multiple formats
- Jurisdiction selection included
Need a privacy policy too? Generate a Privacy Policy Free — most websites need both documents.
Your data stays privateNo account needed
Why You Need Terms of Service
Terms of Service (also called Terms and Conditions or Terms of Use) is a legal agreement between you and your users. It sets the rules for using your website or service and helps protect your business from liability.
Key Protection Areas
- Limitation of liability for your business
- Rules for acceptable use of your service
- Intellectual property protection
- User content policies and licensing
- Payment and refund terms
- Account termination conditions
Terms vs Privacy Policy
While a privacy policy focuses on how you handle user data, terms of service govern the relationship between you and your users. Most websites need both documents. Read our guide on privacy policies vs. terms of service to understand the differences.
Terms of Service FAQ
What is the difference between Terms of Service and Terms and Conditions?
Terms of Service (ToS) and Terms and Conditions (T&C) are essentially the same document. Both set the rules for using your website or service. "Terms of Use" is another common name. The terminology varies by region and preference, but they serve the same legal purpose.
Are Terms of Service legally required?
Unlike privacy policies, Terms of Service are not legally required in most jurisdictions. However, they are highly recommended because they protect your business by limiting liability, setting usage rules, and establishing legal agreements with users. Without them, you have less legal protection.
What should Terms of Service include?
Essential elements include: user eligibility requirements, account responsibilities, acceptable use policies, intellectual property rights, limitation of liability, dispute resolution procedures, termination conditions, and governing law. If you offer subscriptions, include payment and refund terms.
Do users need to agree to Terms of Service?
For Terms of Service to be enforceable, users should actively agree to them. Best practices include: clickwrap agreements (checkbox before signup), browsewrap notices (prominent link stating "By using this site, you agree..."), and requiring agreement during account creation.
Can I update my Terms of Service?
Yes, you can update your Terms of Service at any time. Include a clause reserving this right and specify how users will be notified of changes. For material changes, consider notifying users via email and giving them time to review before changes take effect.
What jurisdiction should I choose for my Terms of Service?
Choose the jurisdiction where your business is located or incorporated. This determines which laws govern disputes. Popular choices for US businesses include Delaware (business-friendly laws), California (tech hubs), or your home state. Consider where your users are located too.
Helpful Articles
- Privacy Policy vs Terms of Service: What's the Difference?Understand the key differences between privacy policies and terms of service, and why you need both for your website.
- What Is a Privacy Policy? Everything You Need to KnowLearn what a privacy policy is, why every website needs one, what it should include, and how to create one for your business or website.