Terms of service generator

A terms of service draft for SaaS, apps and marketplaces.

Company or product nameWebsite URL

Contact email

Type of serviceGoverning lawFor example "the State of Delaware, United States" or "England and Wales".

RefundsMinimum age

Notice before you end an account without causeEffective date

What your service includes

Paid subscriptions Free trial Users upload content

Your draft

A draft from a template, not legal advice. Check every line against how your product really works, and have a lawyer review it before you publish.

Format

Markdown

# Terms of Service

*Effective date: *

> This is a starting draft generated from a template. It is not legal advice. Read it carefully, change anything that does not match how you actually run your service, and have a qualified lawyer review it before you rely on it.

These Terms of Service ("Terms") govern your use of [your website] and the software service provided by [Company name] ("we", "us" or "our"), together the "service". By using the service, you agree to these Terms. If you do not agree, do not use the service.

## 1. Who can use the service

You must be at least 16 years old to use the service. If you use it on behalf of a company or other organization, you confirm you have authority to accept these Terms for it, and "you" includes that organization.

## 2. Your account

You are responsible for keeping your login details secure and for everything that happens under your account. Give us accurate information and keep it up to date. Tell us right away if you think someone has accessed your account without permission.

## 3. Subscriptions and billing

Paid plans are billed in advance on a recurring basis (monthly or yearly, as chosen at checkout) and renew automatically until you cancel. You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then. We may change prices with at least 30 days' notice. A price change applies from your next billing period after the notice. Prices do not include taxes unless stated. You are responsible for any taxes that apply.

## 4. Refunds

If you are not satisfied, you can request a full refund within 14 days of your first payment. After that, payments are non-refundable except where the law requires otherwise.

## 5. Acceptable use

You agree not to:

- Break any law or infringe anyone's rights
- Upload malware or try to gain unauthorized access to the service or other users' accounts
- Overload, disrupt or reverse-engineer the service, except where the law allows
- Scrape or copy the service in bulk without our written permission
- Send spam or use the service to harass, abuse or deceive others
- Resell the service or give others access to your account unless your plan allows it

## 6. Your content

You keep ownership of the content you upload or submit ("your content"). You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display and adapt your content only as needed to operate, provide and improve the service.
You are responsible for your content and confirm you have the rights to share it. We may remove content that breaks these Terms or the law. We do not have to review content but may do so.

If you believe content on the service infringes your copyright, email [contact email] with the details and we will review it.

## 7. Our intellectual property

The service, including its software, design, text and trademarks, belongs to [Company name] or its licensors. These Terms do not give you any rights to it except the right to use the service as described here. If you send us feedback, we may use it without any obligation to you.

## 8. Third-party services

The service may link to or integrate with services run by others. We are not responsible for them, and your use of them is governed by their own terms.

## 9. Termination

You can stop using the service and close your account at any time.
We may suspend or close your account if you break these Terms, if your use creates risk or legal exposure for us or other users, or if we are required to by law. We may also end the service or your access for any other reason with at least 30 days' notice. If we close your account without cause, we will refund any prepaid fees for the unused period.
When your account closes, your right to use the service ends. Sections that by their nature should survive (such as ownership, disclaimers and limits of liability) continue to apply.

## 10. Disclaimers

The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise the service will be uninterrupted, error-free or secure.

## 11. Limitation of liability

To the fullest extent the law allows, [Company name] will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to the service is limited to the greater of the amount you paid us in the 12 months before the claim or USD 100.
Some jurisdictions do not allow these limits, so they may not apply to you.

## 12. Indemnity

You agree to defend and indemnify [Company name] against claims, losses and costs (including reasonable legal fees) arising from your content, your use of the service or your breach of these Terms.

## 13. Governing law and disputes

These Terms are governed by the laws of [jurisdiction], without regard to its conflict-of-laws rules. Any dispute will be handled in the courts of that jurisdiction, unless the law where you live gives you the right to bring it elsewhere. Before going to court, please contact us so we can try to resolve it informally.

## 14. Changes to these Terms

We may update these Terms. If a change is material, we will give you notice by email or through the service at least 15 days before it takes effect. Continuing to use the service after that means you accept the new Terms.

## 15. General

These Terms are the entire agreement between you and us about the service. If any part is found unenforceable, the rest stays in effect. If we do not enforce a right, that is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets.

## 16. Contact

Questions about these Terms: [contact email].

How to use it

Describe the service. Name, website, contact email, and whether it is SaaS, an app or a marketplace.
Set the business rules. Subscriptions, free trial, refund policy, minimum age and notice before termination.
Pick the governing law. The jurisdiction whose courts and laws apply, usually where your company is registered.
Download and review. Numbered sections in Markdown or HTML, ready for a lawyer to check.

What terms of service do for you

Your privacy policy explains what you do with data. Your terms of service set the rules for using the product: who can sign up, what they pay, what they must not do, what happens to their content, and how much you are liable for if something goes wrong. Without terms, you have little to point to when you need to close an abusive account or turn down a refund request.

The sections that matter most for a startup

Subscriptions and billing: auto-renewal, cancellation and price changes. Many jurisdictions require auto-renewal terms to be stated clearly before purchase.
Refunds: be explicit. "No refunds", "14-day money-back" and "pro-rated on cancel" each prevent a different argument.
Acceptable use: no spam, scraping, abuse or attacks. This is what lets you suspend bad actors quickly.
User content: users keep ownership and grant you a licence to host and show it. Without that licence, even displaying their content is on shaky ground.
Disclaimers and limitation of liability: caps what you owe if the service fails, commonly at the fees paid in the last 12 months.
Governing law: which courts and laws apply. Usually where your company is registered, such as Delaware, England and Wales, or your home state.

Marketplaces get an extra section saying you connect buyers and sellers but are not a party to their transactions.

Making them enforceable

Terms only protect you if users agree to them. Link them at signup with clear wording such as "By creating an account you agree to the Terms", keep old versions, and give notice before material changes.

This is a template-built draft, not legal advice. Consumer protection rules differ by country and can override parts of any terms, so have a lawyer review yours. Pair them with the privacy policy generator and check pricing with the SaaS pricing calculator.

What you get

Variants for SaaS, apps and marketplaces
Subscription, free trial and refund clauses
User content licence and takedown contact
Termination, liability cap and governing law
Numbered sections in Markdown or HTML

Questions

Are terms of service legally required?

Usually not by law, but app stores, payment processors and many partners expect them, and they are your main protection in disputes about payments, content and account closures. This draft is not legal advice; have a lawyer review it.

What is the difference between terms of service and terms and conditions?

Nothing in practice. Terms of service, terms of use and terms and conditions are names for the same kind of agreement between you and your users.

Which governing law should I choose?

Normally the jurisdiction where your company is registered, so disputes are handled under laws and courts you know. Consumers may still have rights under their local law.

Can I copy another company's terms?

Their terms are protected by copyright and written for their business, not yours. A draft built from your own choices and reviewed by a lawyer is safer.

Terms of service generator

Your draft

How to use it

What terms of service do for you

The sections that matter most for a startup

Making them enforceable

What you get

Questions

Are terms of service legally required?

What is the difference between terms of service and terms and conditions?

Which governing law should I choose?

Can I copy another company's terms?

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Your draft