Terms of Service Template, Free Download 2026

By Jessica Henwick, Editor-in-ChiefLegally reviewed by David Chen, Esq.Updated April 21, 2026

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When Do You Need a Terms of Service?

You are launching a website, web application, SaaS platform, or mobile app and need website terms of service, a legally enforceable agreement that governs how users interact with your service, protects your intellectual property, limits your liability, and establishes the rules for user conduct and content.

Your platform allows user-generated content, comments, reviews, posts, uploads, or marketplace listings, and you need terms that grant you a license to display, moderate, and remove user content while protecting your business from liability for content posted by third parties under Section 230 of the Communications Decency Act.

You offer a subscription-based service or digital product and need clear terms governing billing cycles, automatic renewals, cancellation policies, refund conditions, and the consequences of non-payment to comply with state automatic renewal laws and FTC guidelines.

Your business processes payments, stores sensitive data, or facilitates transactions between users and needs terms that allocate risk appropriately through disclaimers of warranties, limitations of liability, indemnification provisions, and force majeure clauses.

You are updating existing terms of service to reflect changes in your business model, new features, compliance with new regulations, or to strengthen enforceability based on recent court decisions regarding clickwrap agreements, class action waivers, and mandatory arbitration provisions.

Your website or app targets users in multiple jurisdictions and you need terms that address governing law, venue selection, international user provisions, and compliance with consumer protection laws in the EU, UK, Australia, or other markets that impose mandatory consumer rights that cannot be waived by contract. You should also maintain a separate privacy policy template to address data protection requirements.

⚠️ Regulatory Alert: The FTC's guidelines on online disclosures require that material terms be clearly and conspicuously presented. Burying critical limitations in dense terms of service may not satisfy the FTC's "clear and conspicuous" standard, use bold text, contrasting formatting, or separate acknowledgment checkboxes for key provisions like arbitration clauses and liability caps.

What Should a Terms of Service Include?

Acceptance of Terms and Agreement Formation

Establish how users accept the terms, through clickwrap (actively clicking "I agree"), browsewrap (continued use constitutes acceptance), or sign-in-wrap (agreeing as part of account creation). Clickwrap is the most enforceable mechanism and is recommended for any terms containing arbitration clauses, class action waivers, or liability limitations. Include the effective date and specify that continued use after updates constitutes acceptance of modified terms.

User Accounts, Registration, and Eligibility

Define who is eligible to use your service (minimum age requirements, geographic restrictions), the account registration process, the user's responsibility for maintaining account security and password confidentiality, and the consequences of unauthorized account access. Include a provision allowing you to suspend or terminate accounts that violate the terms. If your platform involves age-restricted content or services, include COPPA and state age verification compliance provisions.

Acceptable Use Policy and Prohibited Conduct

Clearly define what users may and may not do on your platform. Prohibited conduct typically includes harassment, defamation, spam, malware distribution, unauthorized data collection, intellectual property infringement, fraud, impersonation, and any illegal activity. A detailed acceptable use policy provides the contractual basis for content moderation, account suspension, and user termination while helping maintain a safe environment for all users.

Intellectual Property Rights

Assert your ownership of the website's or app's content, design, code, trademarks, and other intellectual property. Grant users a limited, non-exclusive, non-transferable license to access and use the service for its intended purpose. If users submit content, define the license your company receives, typically a broad, royalty-free, worldwide license to use, display, reproduce, modify, and distribute user content in connection with operating and promoting the service.

Disclaimers of Warranties

Disclaim warranties to the maximum extent permitted by law. The service is typically provided "AS IS" and "AS AVAILABLE" without warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. Note that consumer protection laws in some jurisdictions (EU, UK, Australia) impose mandatory warranties that cannot be disclaimed, so include a savings clause preserving rights that applicable law prohibits excluding.

Limitation of Liability

Cap your company's maximum liability, typically to the amount the user paid in the preceding 12 months or a fixed dollar amount. Exclude consequential, incidental, indirect, special, and punitive damages. Like warranty disclaimers, liability limitations must be conspicuous (often presented in all caps or bold) and may be subject to mandatory consumer protection floors in certain jurisdictions. The limitation should not apply to your own willful misconduct, fraud, or breaches of indemnification obligations.

Dispute Resolution and Arbitration

Specify whether disputes are resolved through binding arbitration, litigation in a designated court, or a stepped process (informal resolution, then mediation, then arbitration or litigation). Include a class action waiver if enforceable in your jurisdiction. Identify the arbitration provider (AAA or JAMS), applicable rules, location, and cost allocation. Note that an increasing number of companies are experiencing mass arbitration strategies, so consider including batch arbitration provisions and filing fee structures.

Termination and Account Deletion

Describe the circumstances under which the company may terminate or suspend a user's account (violation of terms, prolonged inactivity, legal requirements) and the user's right to close their own account. Specify what happens to user data and content upon termination, any continued access to paid services through the current billing period, and which provisions survive termination (IP licenses, liability limitations, dispute resolution).

Legal Details: Key Clauses in a Terms of Service

Acceptance of Terms

1.1

By accessing or using the website, application, or services (collectively, the "Services") provided by [____________] ("Company," "we," "us"), you ("User," "you") agree to be bound by these Terms of Service (these "Terms"). If you do not agree to these Terms, you must not access or use the Services. These Terms constitute a legally binding agreement between you and the Company.

Eligibility

2.1

You must be at least [eighteen (18)] years of age to use the Services. By using the Services, you represent that you are of legal age and have the capacity to enter into a binding agreement. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

Account Registration

3.1

Certain features require account registration. You agree to provide accurate, complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately of any unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms.

User Conduct

4.1

You agree not to: (a) violate any applicable law or regulation; (b) infringe the rights of others; (c) upload harmful, offensive, or illegal content; (d) interfere with or disrupt the Services; (e) attempt to gain unauthorized access to systems or data; (f) use the Services for spam, phishing, or malicious purposes; (g) reverse-engineer or decompile any part of the Services; or (h) use automated means to access the Services without our written consent.

Intellectual Property

5.1

All content, features, and functionality of the Services, including text, graphics, logos, icons, software, and code, are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

User Content

6.1

You retain ownership of content you submit through the Services ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content in connection with the Services. You represent that you have all rights necessary to grant this license and that your User Content does not violate any third party's rights.

Disclaimers

7.1

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitation of Liability

8.1

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF [$__________] OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

9.1

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, and expenses (including attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of a third party.

Termination

10.1

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, and indemnification.

Dispute Resolution

11.1

Any dispute arising from these Terms shall be resolved by [binding arbitration under the rules of ____________ / litigation in _____________ County, State of _____________]. You waive any right to a jury trial. Class action waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action.

Governing Law

12.1

These Terms shall be governed by the laws of the State of [_____________]. These Terms constitute the entire agreement between you and the Company. Our failure to enforce any provision shall not constitute a waiver. If any provision is unenforceable, the remaining provisions shall remain in effect. We may update these Terms at any time; continued use constitutes acceptance.

Signature Requirements

No Signature Required

Related Compliance Templates

A terms of service is often used alongside other compliance documents. Depending on your situation, you may also need:

Compliance

Free Cease and Desist Letter Form

Intellectual Property

Download Liability Waiver

Contracts & Agreements

Generate a custom terms of service with AI instead

How to Fill Out a Terms of Service

Choose the Agreement Formation Mechanism

Decide whether users will accept your terms through a clickwrap mechanism (checkbox or button before account creation), sign-in-wrap (notice during registration), or browsewrap (notice in website footer). If your terms include an arbitration clause, class action waiver, or significant liability limitations, implement clickwrap, courts have repeatedly held that browsewrap agreements are insufficient for enforceable dispute resolution provisions. Document your implementation with screenshots showing the acceptance flow.

Define Your Service and User Eligibility

Describe your service in enough detail that users understand what they are agreeing to use. Set minimum age requirements, 13 if you want to avoid COPPA obligations, 16 for GDPR compliance, or 18 for certain types of services. If your service is restricted to specific geographic areas or requires specific qualifications, state those requirements clearly.

Draft the Acceptable Use and Content Policies

Customize the prohibited conduct list based on your specific platform. E-commerce sites need provisions about fraudulent transactions and counterfeit goods. Social platforms need content moderation provisions. SaaS platforms need provisions about API abuse and data scraping. Marketplace platforms need provisions about prohibited listings and seller conduct. Tailor the acceptable use policy to your actual moderation capabilities and enforcement procedures.

Configure Payment, Subscription, and Refund Terms

If your service involves payments, enter pricing, billing cycles, automatic renewal terms, and cancellation procedures. Comply with state automatic renewal laws (California, New York, and others require clear disclosure and easy cancellation mechanisms). Specify your refund policy, no refunds, pro-rata refunds, or full refunds within a trial period. Address what happens to the user's access if payment fails.

Complete Liability, Warranty, and <strong>Indemnification</strong> Sections

Enter your liability cap amount (commonly the fees paid in the prior 12 months or a fixed amount such as $100). Ensure warranty disclaimers and liability limitations are conspicuous, presented in bold, all caps, or a contrasting format. Add an indemnification clause requiring users to defend and hold your company harmless from claims arising from their use of the service, their content, or their violation of the terms.

Select Dispute Resolution, Governing Law, and Publish

Choose your governing law (typically the state where your company is headquartered) and dispute resolution mechanism. If using arbitration, select the provider, rules, and cost allocation. Publish the completed terms on a dedicated page accessible from your website footer and within your app. Implement versioning with effective dates and maintain an archive of prior versions. Set up a notification mechanism to inform existing users of material changes.

Free Template vs Custom Terms of Service

Feature	Free Template	Custom (AI or Attorney)
Basic terms of service with standard provisions (printable)
Acceptable use and prohibited conduct policies
Warranty disclaimers and liability limitationsMust be conspicuous and properly formatted	-
Binding <strong>arbitration</strong> with class action waiverRequires clickwrap implementation	-
Subscription billing and auto-renewal compliance	-
User content license and <strong>DMCA</strong> provisions	-
International user provisions (EU, UK, Australia)	-
Attorney-reviewed for enforceability and complianceRecommended for platforms with significant user bases	-

Key Facts About Terms of Service Documents

Terms of service govern user access to website or app.

Clickwrap agreement requires affirmative user consent.

Limitation of liability caps potential damages.

Governing law clause determines applicable jurisdiction.

Arbitration clause waives right to class action.

Key Legal Terms in a Terms of Service

terms of serviceterms and conditionsclickwrap agreementbrowsewrap agreementuser agreementlimitation of liabilityindemnificationgoverning lawdispute resolutionarbitration clause

When a Free Template Is Not Enough

Free templates cover standard situations, but a professionally drafted terms of service accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted terms of service with a custom quote based on your situation.

Terms of Service Template FAQ

What are terms of service?

Terms of service (ToS), also called terms of use, terms and conditions, or a TOS template when provided as a starting document, are a legally binding agreement between a business that operates a website, application, or online service and the users who access it. The terms establish the rules governing the use of the service, define the rights and responsibilities of both parties, and create a contractual framework for resolving disputes. Key provisions typically include user eligibility and account requirements, acceptable and prohibited conduct, intellectual property ownership and user content licenses, payment and subscription terms, disclaimers of warranties, limitations of liability, indemnification obligations, and dispute resolution mechanisms including arbitration and class action waivers. Terms of service serve several critical business functions: they protect the company's intellectual property, limit legal exposure through liability caps and warranty disclaimers, provide the contractual basis for content moderation and account termination, establish the legal framework for resolving user disputes efficiently, and ensure compliance with consumer protection regulations. While not technically required by a single overarching law (unlike privacy policies), terms of service are essential for any business that operates online and interacts with users.

Are terms of service legally binding?

Yes, terms of service are legally binding contracts when properly implemented, but enforceability depends heavily on how the user's agreement is obtained. Courts recognize several methods of acceptance with varying levels of enforceability. Clickwrap agreements, where the user must actively click an "I agree" button or check a box before proceeding, receive the strongest judicial enforcement because they demonstrate clear, affirmative consent. Sign-in-wrap agreements, where a notice near the registration button states "By creating an account, you agree to our Terms", are generally enforceable when the notice is conspicuous and the link to the terms is clearly visible. Browsewrap agreements, where terms are posted on the website but users are not required to take any affirmative action to agree, receive the weakest enforcement, and courts have frequently held them unenforceable, particularly for provisions like arbitration clauses and class action waivers. To maximize enforceability, implement a clickwrap mechanism, maintain detailed records of the acceptance flow (screenshots, timestamps, version history), and ensure the terms are written in reasonably clear language. Courts may also refuse to enforce specific provisions that are unconscionable, deceptive, or that violate mandatory consumer protection laws.

How often should terms of service be updated?

You should review your terms of service at least annually and update them whenever there is a material change in your business, technology, or legal environment. Common triggers for updates include launching new features or services, changing your business model or pricing structure, adding or removing payment processing or subscription capabilities, changes to applicable law (new state consumer protection statutes, court decisions affecting arbitration or class action waivers), adding new geographic markets with different consumer protection requirements, changes to your dispute resolution process, updates to your data practices that affect your privacy policy template, and corporate changes such as mergers, acquisitions, or name changes. When updating terms, provide existing users with advance notice, typically 30 days, through email, in-app notification, or a prominent website banner. Specify that continued use after the effective date constitutes acceptance of the updated terms, and consider requiring re-acceptance (a new clickwrap) for material changes. Maintain an archive of all prior versions with their effective date ranges, as this history may be relevant in disputes about which version was in effect when an incident occurred.

What is the difference between terms of service and a privacy policy?

Terms of service and a privacy policy are complementary but distinct legal documents that every website and app needs. The terms of service are a contract governing the use of your service, they establish user rights and obligations, acceptable conduct rules, intellectual property ownership, payment terms, warranty disclaimers, liability limitations, and dispute resolution procedures. The terms are primarily governed by contract law and can be drafted to favor the business within the bounds of unconscionability and consumer protection standards. The privacy policy is a regulatory disclosure document explaining your data practices, what personal information you collect, how you use it, who you share it with, and what rights users have regarding their data. The privacy policy is required by specific laws (GDPR, CCPA, CalOPPA, COPPA) and must comply with their detailed requirements regardless of what the business prefers. While both documents protect the business, they address different risks: terms of service protect against user misconduct, IP theft, and liability exposure, while the privacy policy demonstrates compliance with data protection regulations. They should be maintained as separate documents with separate URLs, as combining them may not satisfy specific posting and notice requirements under privacy laws.

Do I need terms of service for my website?

While no single federal law mandates that every website have terms of service (unlike privacy policies, which are legally required when collecting personal data), operating a website or app without terms of service exposes your business to significant legal risk. Without terms of service, you have no contractual basis for removing user content or terminating accounts, no limitation on your liability for service outages, errors, or security incidents, no intellectual property protections beyond what statutory law provides, no dispute resolution mechanism or class action waiver, no prohibition on competitive scraping, reverse engineering, or unauthorized commercial use, and no contractual defense against frivolous user claims. Courts have held that website operators without terms of service may be held to default legal standards that are far less favorable than negotiated contractual terms. Additionally, if your site accepts payments, operates a marketplace, or hosts user content, terms of service are practically essential for managing the legal complexity of those activities. The cost of creating terms of service is minimal compared to the cost of defending a single lawsuit without the protections they provide.

Can I copy terms of service from another website?

Copying another website's terms of service is both legally risky and practically ineffective. From a legal standpoint, terms of service are copyrighted works, and copying them constitutes copyright infringement, several companies have successfully sued competitors for copying their terms. From a practical standpoint, another company's terms were drafted for their specific business model, services, jurisdiction, and risk profile, and will almost certainly contain provisions that are irrelevant, incomplete, or inaccurate for your business. Generic terms that do not accurately describe your actual service, pricing, data practices, and policies may be found unenforceable because they are misleading or unconscionable. Courts have noted that "boilerplate" terms that bear no relationship to the actual service undermine the argument that the terms represent a meeting of the minds. Instead, use a reputable template designed for your type of business and customize it to accurately reflect your specific service, pricing, content policies, and legal requirements. The customization process forces you to think through important legal questions, like your refund policy, content moderation approach, and dispute resolution preference, that copying would bypass entirely.

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