Everything You Need To Know About a Terms of Service Agreement

Standardized Legal Documents Everything You Need To Know About a Terms of Service Agreement

Is Getting a Terms of Service Agreement Worth It?

Do you own a website, mobile app, or are you offering any services? If your answer is yes, you should consider creating a terms of service agreement. This document allows you to establish rules and conditions that will protect your company. Our easy-to-follow article will provide you with all the details you need to know regarding terms of service agreements and show you the most efficient way of getting one.

What Is a Terms of Service Agreement?

A terms of service agreement (ToS) is a document that states the regulations which users of the product, often a website, must follow. A ToS agreement can also serve as a disclaimer, especially when it’s regarding the use of websites.

Why Is It Useful To Have a Terms of Service Agreement?

Although a terms of service agreement isn’t required by law, there are many perks of having one. If you’re deciding on whether you should get such a document or not, we’ll provide you with some tips to help you decide.


You should get a ToS because it:

  1. Lets you be in control—A terms of service agreement lets you control how customers use your platform and what they can do on it
  2. Prevents abuses—The rules of behavior are stated in the ToS, so everyone who’s using your service must obey them. If your rules are violated, you can delete someone’s account or prevent them from using your website. A ToS agreement puts a stop to:
    1. Spamming and other similar behavior between users
    2. Not safe for work (NSFW) content
    3. Attempts of infecting a website with a virus
  3. States who owns the content—Your content will be protected by international copyright laws as the terms of service agreement usually has an Intellectual Property clause
  4. Limits liability—The agreement includes a warranty disclaimer which protects you from liability if there are errors found in the content on your website

What Should a Terms of Service Agreement Contain?

Every terms of service agreement is suited for a specific set of needs and purposes. To help you learn what your contract should cover, we’ve made a table that contains the most commonly found clauses in ToS agreements:

Mandatory Clauses Optional Clauses
  • The effective date of your document
  • Introduction
  • Contact details
  • Links to other significant documents
  • Whole agreement clause
  • IP declaration
  • Rules of conduct
  • Your rights
  • Disclaimers
  • Limitation of liability
  • Amendments
  • Governing laws
  • Licensing agreements
  • Shipping
  • Payment and subscriptions
  • Returns and refunds
  • Data handling

Is a Terms of Service Agreement Legally Binding?

A terms of service agreement becomes legally binding when accepted by the user.

Website users can take you to court if they can prove they were harmed by a breach of the terms. You—the company owner—can enforce the terms by refusing service.

Should You Write a Terms of Service Agreement by Yourself?

Hiring a lawyer is the safest solution, but not everyone has enough money to cover the fees. If you want to create a terms of service agreement on your own, you will need to follow some important steps. Here’s what you have to do:

  1. Define your terms of service agreement and indicate that everyone who wants to use your service has to agree to the rules
  2. State what the name of your website or app is and what product or service it provides
  3. Define rules and regulations for the usage of your product
  4. Add an acknowledgment by the user in which he or she agrees to abide by the rules
  5. Include limits on liability
  6. Input your company’s privacy policy
  7. Indicate the consequences of not agreeing to the terms of service

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  1. Sign up for DoNotPay
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  3. Respond to the questions

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