Terms of Service

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What is a Terms of Service Agreement?

A Terms of Service agreement is the legal document that helps you set out the rules and guidelines that your users or visitors must agree to in order to use your website or app, such as:

  • Not stealing your content and violating copyright laws

  • Not spamming other users

  • Not using your site for illegal activities

These agreements are commonly abbreviated as ToS and are also referred to as a Terms and ConditionsTerms of Use, Conditions of Use, or User Agreement.

How to Enforce Terms of Service Agreements

Legal agreements are only good if they can be enforced.

To get your users to agree to be bound to your legal agreements, use the clickwrap method to obtain consent. Clickwrap is when you have a user check a box or at minimum click a button that is clearly labeled as showing that the user is agreeing by taking that action.

Do I need to have a Terms of Service agreement?

You do not legally need to have a Terms of Service agreement.

However, having one is very important and comes with a number of benefits for both you and your users.

You'll benefit by being able to maintain more control over your website or mobile app. You can terminate accounts that don't follow your terms, control how legal disputes are handled and limit your liability.

Your users will benefit by knowing from the start what your rules are and what they must do or not do when using your platform. They can use your Terms of Service agreement to instantly find answers to common questions they may have.

Is a Terms of Service agreement the same thing as a Terms and Conditions or Terms of Use?

Yes. All of these agreements serve the same purpose. They just have different names. The name you use is up to you


What clauses should every Terms of Service agreement include?

These are the most common clauses that every Terms of Service agreement should include:

  • User guidelines (rules, restrictions on use)

  • Your right to terminate abusive accounts

  • How users can terminate accounts

  • Warranty disclaimer

  • Limitation of liability

  • Governing law and legal disputes

  • Contact information

  • Intellectual property and copyrights

Here are some additional clauses that are more business-specific:

  • User-generated content

  • Payments and subscriptions

  • Third party rights


Where do I display my Terms of Service agreement?

You should always display a link to your Terms of Service agreement in your website footer. People know to look here for important information, and it's a common best practice to place it here.

You should also display a link to your Terms of Service agreement anywhere where users should be reminded of your Terms.

For example:

  • At account sign-up

  • On the app download screen

  • At installation for software programs

  • At checkout for ecommerce stores

For mobile apps, display your Terms of Service agreement within a menu in your app, such as an "About" or "Legal" menu.

How do I make my Terms of Service agreement enforceable?

Make your Terms of Service agreement enforceable by having your users click an unticked checkbox next to a statement that says something similar to "I have read and agree to the Terms of Service agreement."

You can also have users click a button that says something like "I Agree" next to a statement like the above if you don't want to use a checkbox.