Terms and Conditions Template

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When your business operates online, you’re connected to a world wide web of potential customers, connections, and networks. But you’re also exposing your business to several risks and threats — sometimes at the hands of your own consumers.

So how do you keep your business safe? It’s easy, you just need a terms and conditions agreement.

A website or mobile app’s terms and conditions policy outlines rules and guidelines users are expected to follow and covers topics like dispute resolutions, payment terms, intellectual property rights, and more.

As long as your rules fall within applicable laws and you can prove users knowingly read and agreed to the document, it can even hold up in a court of law, making it an essential legal policy.

Read on to learn more about terms and conditions agreements, why you should have one, and how to implement one using our sample terms and conditions template.

Table of Contents
  1. What Are Terms and Conditions?
  2. Are Terms and Conditions Legally Required?
  3. Reasons to Have a Terms and Conditions
  4. Clauses To Include in Your Terms and Conditions
  5. Terms and Conditions Agreement Solutions
  6. Tips for a Good Terms and Conditions Agreement
  7. Where to Post Your Terms and Conditions
  8. How To Enforce Your Terms and Conditions Agreement
  9. Terms and Conditions Examples
  10. Terms and Conditions FAQs
  11. Download Our Free Terms and Conditions Template
  12. Summary

What Are Terms and Conditions?

A terms and conditions agreement outlines the rules, expectations, and guidelines you expect people to follow when accessing your website or mobile app and informs them about what they can expect from you.

Whether you call it a terms of use, terms of service, or terms and conditions, this powerhouse document helps maintain control over your site as long as your guidelines fall within applicable laws.

Here are a few examples of what you can include in yours:

It answers several common customer service questions and provides clear protocols if users try to take advantage of your operations.

Are Terms and Conditions Legally Required?

No, terms and conditions agreements aren’t legally required, but it’s in your best interest to post one on your website or mobile app.

Not only is this standard practice across the world, but it also provides your site with an additional layer of legal protection.

While it’s not guaranteed to hold up in a court of law, in the event of a dispute, arbitrators may consider multiple facets of your T&C document to determine whether each party acted within their rights.

Plus, according to the American Bar Association (ABA), some specific legal disclosures apply to certain types of transactions, which must be made as written statements that may apply to your business.

Those details belong as clauses in your terms and conditions agreement, like stipulations outlined by the following federal US laws:

  • The Digital Millennium Copyright Act (DMCA)
  • Children’s Online Privacy Protection Act (COPPA)

Reasons to Have a Terms and Conditions

There are several reasons why you should post a terms and conditions on your website or app, as this document helps:

  • Limit your liabilities
  • Protect your website against abusive users
  • Establish your intellectual property rights
  • Create a dispute resolution process

Let’s discuss these benefits in greater detail in the following sections.

Terms and Conditions Limit your Liabilities

Businesses can use terms and conditions agreements to limit different liabilities, which is why almost every one of these documents includes a warranty disclaimer and a no-responsibility clause.

These clauses essentially limit what customers can hold you liable for, and most companies restrict their responsibilities over:

  • Inaccuracies and errors
  • Users’ experience with the site, service, or goods
  • Product or website downtime
  • Viruses, spyware, and product damage

We’ll discuss both clauses in greater detail later in this guide.

Terms and Conditions Protect Your Site Against Abusive Users

If your site allows users to generate content, you can use your terms and conditions to establish appropriate and prohibited activity on your platform and explain your rights to remove abusive users and content that violates the guidelines.

Most companies ban users who use the platform for things like:

  • Illegal activities
  • Bullying other users
  • Unauthorized web scraping
  • Excessive spamming

You might even make an acceptable use policy that’s part of your terms but can be shared as a separate document to explain community guidelines so your users know exactly what they can and can’t post to your platform.

Terms and Conditions Establish Your Intellectual Property Rights

Your terms and conditions agreement is a great place to disclose and protect your intellectual property rights, which helps prevent ownership disputes and copyright infringement.

Adding an intellectual property disclosure clause to your terms and conditions text informs users about what content, materials, and branding you own and don’t want illegally copied, reproduced, or shared, such as:

  • Your logos
  • Written content
  • Photos or videos
  • Other creative protected ideas and marks

If you catch your users copying your content, having this clause in your terms and conditions agreement can help if you pursue legal action against them.

Terms and Conditions Establish Your Dispute Resolutions

A terms and conditions agreement helps inform users about your dispute resolution options and explains which laws govern your policy.

This way, if a dispute arises between you and a user, there’s a clear process for both parties to follow. Any involved courts will use the governing law to interpret the terms and conditions agreement and its effects.

Clauses To Include in Your Terms and Conditions

The clauses you should include in your terms and conditions agreement varies depending on your industry and how consumers interact with your website or app.

To help you out, we’ve compiled a gigantic list of the most common clauses that appear in terms and conditions agreements:

  • Introduction clause
  • Intellectual property clause
  • Digital Millennium Copyright Act notice and policy
  • User contribution clause
  • Third parties clause
  • User registration clause
  • Acceptable uses clause
  • Prohibited activities and restrictions clause
  • Suspension and termination clause
  • Site management and support clause
  • Pricing and payment terms clause
  • Shipping policy clause
  • Returns and refund policy clause
  • Privacy policy clause
  • Limitation of Liabilities
  • Governing and applicable laws clause
  • Dispute resolutions and indemnification clause
  • Corrections and inaccuracies clause
  • Disclaimers and warranties clause
  • Contact information clause

Let’s discuss the contents of each of these clauses in greater detail.

Introduction Clause

Your terms and conditions agreement should start with an introduction that lets users know they’re reading a terms and conditions agreement. Explain who you are and to who the terms apply.

Within this clause, you should use language that explains that anyone using your service, platform, or site must follow the terms, and continuing to operate your platform implies they agree to the terms. This is called implied consent or the browsewrap method of obtaining consent and is standard in most terms and conditions documents.

For example, read how electronics company Apple introduces their terms and conditions below.

Apple-terms-and-conditions

Intellectual Property Clause

An intellectual property clause tells users about your ownership rights, such as your copyrighted and trademarked logos, photos, video, written content, and other protected ideas.

This section is pretty straightforward. Simply state that by agreeing to your website terms and conditions, users agree that:

  • You own these marks and ideas
  • They will not sell, modify, rent, loan, share, or distribute your content in any way
  • They will not use your material in any manner except for noncommercial, personal uses

Below, see a sample of how media group Vox Media Company phrases this clause in their terms and conditions agreement.

Vox-Media-Company-terms-and-conditions-agreement

Digital Millennium Copyright Act Notice and Policy

For websites in the US, your terms and conditions must explain that you’ll remove material that infringes users’ copyright according to the Digital Millennium Copyright Act (DMCA).

This section is technically required by US copyright laws and is relatively standard.

Below, see another sample of this terms and conditions clause from Vox.

Vox-Media-Digital-Millennium-Copyright-Act-Notice-and-Policy

User Contribution Clause

If your site or app allows users to create and share content, include a contribution clause in your terms and conditions explaining their rights over their posts.

Contribution clauses may get lengthy, particularly if your platform allows users to publish their own material or join community activities, like contests and media programs.

For example, YouTube’s contribution clause — which they call “Your Content and Conduct” — has eight sections. They allow users to post video content, so it makes sense that their clause is more complex.

Below, see an example of two parts of this clause within their terms and conditions.

YouTube-contribution-clause-terms-and-conditions

Third Parties Clause

If your website links to external sources, put a third parties clause in your terms and conditions agreement to explain that you’re not responsible for those services or the content on the sites you link to.

Remind users that they’re responsible for reading any third-party sites or services’ privacy policies, rules, and terms and conditions.

Below, see an example of how Vox discloses third-party links in their terms and conditions.

Vox-terms-and-conditions- third-party-links

User Registration Clause

If your site allows users to create user profiles, add a user registration clause to your terms and conditions to set proper customer expectations.

This section also helps limit your liabilities by reminding users that:

  • Their user credentials should always be kept confidential
  • They are responsible for keeping their usernames and passwords safe
  • They need to contact you immediately if their credentials get stolen or believe someone gained unauthorized access to their account

Below, see a sample of this clause in Spotify’s terms and conditions agreement, a popular music streamlining platform.

Spotify-terms-and-conditions-agreement

Acceptable Uses Clause

If you allow users to interact with one another on your website or app, include an acceptable use clause to outline what actions and behaviors are permitted, including following other policies and terms.

Check out how the popular travel app Hopper informs users of acceptable use:

Hopper-Acceptable-Uses-Clause

If it makes sense for your business, you can separate these rules into a standalone acceptable use policy (AUP) document. Make sure you establish that it’s still part of your terms, but separating them out makes it easier to share the rules with your users.

Prohibited Activities And Restrictions Clause

You should also include a clause in your terms and conditions that explicitly lists prohibited activities to stop visitors from misusing your site.

Most companies will ban users for the following:

  • Advocating violence
  • Posting discriminatory, abusive, threatening, pornographic, or offensive content
  • Using the platform or site for illegal activities
  • Sending junk mail, spam, or chain letters
  • Exposing another user’s personal information, including username(s) and password(s)

Below, see another example from Hopper’s terms and conditions.

Hopper-terms-and-conditions

Suspension And Termination Clause

In your terms and conditions, include a suspension and terminations clause to protect your site or app from abusive users. Within this clause, you can outline your right to suspend user accounts that violate your terms and delete any content they post.

You can also explain how users can delete or terminate their own accounts within this clause. This is particularly useful if you offer Software-as-a-service (SaaS) applications.

Below, see an example of this clause from the terms and conditions for the ecommerce company Etsy.

Etsy-terms-and-conditions

Site Management And Support Clause

Add a site management or support clause to tell users how you run your site or service and to give users a better understanding of how your service works.

Companies typically outline the following details:

  • When they provide updates
  • When they monitor the site or service
  • When they perform routine inspections or system administration
  • Situations when they can refuse service or access to existing users and individuals
  • When they provide the service
  • When the help desk is available

Below, see how Spotify phrases this clause in their terms and conditions agreement.

Spotify-terms-and-conditions-agreement

Pricing And Payment Terms Clause

If your service sells memberships or products, include a section on how you charge customers, what forms of payment you accept, and other relevant details.

Use phrases such as “as available” for services and “as provided” for items to lower the chances of disputes.

For example, let’s say you run a laptop store and accidentally send a customer the wrong item. To avoid miscommunications and liabilities, you can point to your site support clause to cancel the order.

Below, see a sample of this clause from the mobile service provider T-Mobile’s terms and conditions agreement.

 T-Mobile-terms-and-conditions-agreement

For more help, ecommerce business owners can check out our guide on writing payment terms for your terms and conditions agreement.

Shipping Policy Clause

Your terms and conditions agreement is a great place to link to your shipping policy and outline some of your processes. This helps answer common customer service questions, preventing you from having to field the same ones over and over again.

Below, see how clothing retailer ASOS phrases this clause in their terms and conditions agreement, which they call ‘Delivery’.

ASOS-Shipping-Policy-Clause

Returns And Refund Policy Clause

If you run an ecommerce website or app, put a returns and refunds clause in your terms and conditions so customers can always easily find this information.

Provide a link to your official return policy directly in this clause, and briefly summarize your practices.

Below, see another example clause from ASOS.

ASOS-Returns-And-Refund-Policy-Clause

Privacy Policy Clause

It’s a business best practice to add a privacy policy clause in your terms and conditions agreement and include a live link to the official policy. This helps ensure your users can always locate this vital legal document.

See how T-Mobile phrased this clause in their terms and conditions in the screenshot below.

T-Mobile-Privacy-Policy-Clause

Keep in mind that there are additional guidelines you need to follow with your privacy policy because different data privacy regulations around the globe dictate the specifics.

Limitation Of Liabilities

If you manufacture and sell products, put a limitations of liability clause in your terms and conditions agreement, also called a no responsibility clause.

Businesses use this clause to limit what customers can hold them accountable for, and it usually features standard language, as shown in the example below from Apple.

Apple-Limitation-Of-Liabilities

Governing And Applicable Laws Clause

In your terms and conditions agreement, you must also establish within a clause what national or state law governs the contract between you and the users.

Most companies choose the law of their state or country or the country where users access their site or app.

Most governing law clauses are short and straightforward, like the example from Spotify pictured below.

Spotify-Governing-And-Applicable-Laws-Clause

Dispute Resolutions And Indemnification Clause

You should also establish how you agree to handle consumer disputes within your terms and conditions. Typically this goes in a dispute resolution or indemnification clause.

You can outline that you have a right to and will use appropriate legal counsel in certain situations.

Below, see another example from Spotify, who does an excellent job of phrasing this clause in a simple, easy-to-read way.

Spotify-Dispute-Resolutions-And-Indemnification-Clause

Corrections And Inaccuracies Clause

We’re all human, so within your terms and conditions agreement, include a clause that reminds users that you’re not liable for mistakes or errors on your site.

This section covers your back just in case there are any inconsistencies in your content, allowing you to update it with the correct information at any time.

Below, see a great example from our own terms and conditions agreement.

Termly-terms-and-conditions-agreement

Modifications and Interruptions Clause

You should also add a modifications and interruptions clause to your terms to limit your liabilities if users claim any loss or damage because they can’t use your site.

This clause helps explain your right to change or delete anything on your site and states that users may encounter hardware problems and downtime.

Here’s another example from our own terms and conditions of how to phrase this section.

Termly-Modifications-and-Interruptions-Clause

Disclaimers And Warranties Clause

A disclaimer states that your site is available on an “as-is and as-available basis” and that users use it at their own risk.

Essentially, this clause states that you are not responsible for any damage your service, product, or website may cause a user.

Below, see an example of a disclaimer warranty from Spotify.

Spotify-Disclaimers-And-Warranties-Clause

Contact Information Clause

Finally, you need to inform readers how they can reach you if they have any questions or concerns about your service and policies, so put those details in a clause at the end of your terms and conditions agreement.

Most companies include at least two contact methods, which can include:

  • Email address
  • Online chat service
  • Mailing address
  • Phone number

Below, see an example of this clause from Etsy, who keeps it short and sweet.

Etsy-Contact-Information-Clause

Terms and Conditions Agreement Solutions

Now that you know what goes into this agreement, let’s discuss the different ways you can make terms and conditions for your site, including:

  • Using a managed solution
  • Downloading a free terms and condition template
  • Taking a do-it-yourself (DIY) approach

Managed Solution

Using a managed solution, like our Terms and Conditions Generator, is the simplest way to make one of these agreements for your website or mobile app.

You read through that giant list of clauses — 20 if you’re counting — it’s massive. Making such an extensive document can take up a lot of time and effort that most of us can’t spare.

Our Terms and Conditions Generator does all the hard work for you. You only need to answer a few simple questions about your business. We’ve put a screenshot of it for you below.

Termly-Terms-and-Conditions-Generator

We’re kind of obsessed with it. Our legal team added those useful Tips and included answers to frequently asked questions in the policy builder, too. But if you need any help along the way, contact our customer service team.

Did you notice you can even hit save and return later to finish it at a different time?

There’s only one potential con; managed solutions aren’t free. They typically come with a small monthly or annual fee. But our Pro+ customers get access to our entire suite of tools, including any new stuff our legal team and product engineers design in the future.

Plus, if you sign up as a new user, you can access any one of our policy generators completely on the house.

Template

Use a terms and conditions template for a simple, no-cost solution for your website or app.

Terms and conditions templates are free to download, fully customizable, and easy to use. Our terms and conditions template works for websites and mobile apps, features the most common clauses, and is written in plain language.

The cons? They require some time and effort. You have to fill in the blank sections of each clause with information about your business and manually change the formatting if you remove or add any clauses.

DIY

You could take a do-it-yourself approach and write a terms and conditions agreement on your own. This might be a good approach if you have a legal team or run a unique business that requires non-traditional clauses.

But the cons of writing it yourself are hard to ignore — these agreements are challenging to make, and it’s easy to miss vital clauses.

But you can do it, and we can help! Just check out our guide on how to write terms and conditions.

Tips for a Good Terms and Conditions Agreement

Making a terms and conditions agreement can be tricky — here are some of our best tips on how to write a good terms and conditions agreement:

  • Do use plain language and make it easy to read
  • Do use your brand’s voice, style, and tone throughout the agreement
  • Do seek legal advice from an attorney if necessary
  • Don’t copy someone else’s terms and conditions

Use Clear Language

You want as many of your users to be able to read and understand your terms and conditions as possible, so use clear, straightforward language.

Using simple language instead of complicated jargon or unnecessary legalese makes life easier for your visitors and strengthens your defense if users decide to take legal action against you.

Just ask Google — they received one of the largest GDPR fines in 2019 because their privacy consent agreements were poorly structured and too confusing for users to understand what they agreed to. It cost the company €50 million ($55 million).

Use Your Brand’s Voice

Your terms and conditions are part of your brand, so use the same style, sentence length, and tone as other pages on your site.

This can help you build and maintain brand awareness and cohesion. It also will make it clear to users that the agreement was written by and belongs to your company.

Seek Legal Advice From an Attorney

Depending on your target audience, consider getting legal advice from an attorney when working on the more complex clauses of your terms and conditions.

Relying on legal help is worthwhile for websites and apps that sell to minors, as there are specific requirements you must follow to ensure children are adequately protected. For example, you need to put a “Children” or “Youth” section that outlines how legal guardians can consent on behalf of the minor before letting their children use your site.

If they’re willing — and you have the budget — you can also ask your attorney to read through your whole agreement to see if anything needs fixing.

Don’t Copy Terms and Conditions Text from Another Website

Whatever you do, don’t copy your terms and conditions text from another site. This is plagiarism and is a surefire way to get your business into trouble.

These documents and other website policies are also protected under copyright laws.

Not to mention that another person’s terms and conditions won’t fit your site’s needs because all businesses are different, leaving you with an incomplete agreement and inadequate protection.

Where to Post Your Terms and Conditions

Once you’ve created a terms and conditions agreement, you need to display it in a prominent area of your website or app, and we recommend the following places:

  • In your website or app footer
  • During the new user account creation process
  • On any payment screens
  • In a privacy center
  • Inside other legal policies
  • On consent banners or pop-ups

In the next sections, let’s discuss why these are important places to link to your terms and conditions.

Website or App Footer

The most common place to link your terms and conditions agreement is in the footer of your website or mobile app because these are static areas that do not change no matter where your users end up.

This is also where visitors typically expect to see a link to your site’s terms and conditions.

Below, see an example of how ASOS links to their terms and conditions in their website’s footer.

ASOS-Website-or-App-Footer

New User Account Creation Pages

Another great place to link to your terms and conditions agreement is during the sign-up or new user account creation process, as it gives people a chance to read your policy before joining your platform.

Below, see how Spotify links to their terms and conditions on the new user sign-up page.

Spotify-New-User-Account-Creation-Pages

On Any Payment Screens

You should also link your terms and conditions to any payment screens or checkout pages, which helps set proper customer expectations and gives them a fair chance to see and read the policy.

This can also help shield you from legal and financial risk, particularly if your terms and conditions have detailed pricing disclosures and site support clauses.

See an example of a terms and conditions agreement posted to the payment screen from Apple’s website.

Apple-On-Any-Payment-Screens

In Your Privacy Center

There are lots of legal documents and web policies you need your users to be able to find, read, and easily understand, so house them all in one place on your website like a:

  • Privacy center
  • Legal section
  • Frequently asked questions (FAQ) page

Consider linking to these other fundamental documents in the same area:

Check out our guide to learn how to make a privacy center for your website.

Inside Current Legal Policies

It’s a business best practice to also link to your terms and conditions in other legal documents on your site, such as your:

  • End-user license agreement (EULA)
  • Privacy policy
  • Shipping policy
  • Return and refund policy

Since users typically read all of your site’s legal notices in one go, linking internally makes it easier for them to access all information and understand what they agree to.

You can do the opposite of this advice and link to these policies within your terms and conditions, too.

On Banners and Pop-Ups

You might consider putting a link to your terms and conditions on any pop-up or consent banners that appear when users access your site for the first time.

This placement could give you an advantage in a legal dispute because you can demonstrate that you showed the user your website terms before they started using your service.

How To Enforce Your Terms and Conditions Agreement

To enforce your terms and conditions agreement, you need to prove that your users consented to the agreement, read the contents, and fully understood what they agreed to.

Merely having a terms and conditions page and placing links throughout your website isn’t enough to get agreement, at least in the eyes of the courts.

You can obtain consent to your agreement by utilizing both the clickwrap and browsewrap methods:

  • Clickwrap consent: This refers to having users actively select a checkbox in agreement with your policy
  • Browsewrap consent: This refers to using language at the beginning of your policy that states that users agree to your terms simply by accessing and using your services

You also need to ensure the formatting of your terms and conditions is easy to follow and that it’s written clearly and in a straightforward way.

Courts might also consider additional details, like if the link is easy to find on your platform and the different times it was presented to the user.

Terms and Conditions Examples

Although avoiding copying another policy is important, taking inspiration from other sites’ terms and conditions can help you kickstart your terms and conditions creation process.

Let’s go over some great examples together.

McDonald’s Online Services T&Cs

First, let’s take a look at McDonald’s terms and conditions, the famous fast food burger chain.

If you go on their site, you’ll quickly find their terms and conditions linked in the footer, pictured below.

McDonald-Online-Services-Terms-and-Conditions

We love how easy it is to read McDonald’s terms and conditions clauses. It’s written in a simple, straightforward way that matches their brand and tone. But at the same time, the terms are still explicit and legally rock-solid.

Below, see a great example of this in their limitations of liability and disclaimers clause:

McDonald-limitations-of-liability-and-disclaimers

Throughout their policy, McDonald’s bolds parts they want their users to pay closer attention to, something you can copy in your own agreement.

See an example of this formatting in the screenshot below of their acceptable and prohibited uses clause for their online services.

McDonald-acceptable-and-prohibited-uses-clause

Like McDonald’s, we recommend you format and phrase your policy in a way that’s easy to follow and understand. Simple things, like bolding parts of a clause, can go a long way for your customers.

AT&T T&Cs

Another strong terms and conditions example comes from one of the world’s largest telecommunications companies, AT&T.

AT&T’s terms and conditions are incredibly detailed and comprehensive.

As shown below, the company uses a clickable table of contents to make their terms easier to navigate through. Consider doing the same if you have lengthy terms and conditions.

AT&T-Terms-and-Conditions

In their agreement, AT&T gives special consideration to passwords and security because it collects a substantial amount of personal data from customers.

At the same time, they limit their liabilities by controlling user expectations, as shown in the screenshot of their security clause below.

AT&T-limit-liabilities

They also waive responsibility for screening user-submitted content in comments and forums while establishing their right to use and license any such material as they deem fit, as shown in the highlighted text below.

AT&T-user-submitted-content

If your site allows users to post content that is publicly accessible, consider including a similar clause in your terms.

Apple T&Cs

Finally, let’s look at Apple’s terms and conditions, a tech company with a well-crafted agreement we’ve already referenced in this guide.

Their terms clearly define what is considered an acceptable use of Apple’s services and, more importantly, what is not, as shown in the screenshot below.

Apple-acceptable-use-of- services

Apple also conspicuously designates the governing law they’ll use to arbitrate all disputes.

Below, read how Apple uses the laws in California to dictate arbitration, which is where the company is headquartered.

Apple-California-arbitration

We also like how Apple provides links to additional policies relevant to their consumers directly within their terms and conditions, shown below.

Apple-additional-policies

We recommend you do that same thing and put a link to your privacy policy, shipping policy, and return and refund policies within clauses in your terms.

Terms and Conditions FAQs

Do you still have questions about terms and conditions agreements? Check out the most frequently asked questions we get about these policies below.

Is a terms and conditions agreement legally required?

No, a terms and conditions agreement is not legally required. But it’s a business best practice to have one in place, as it helps:

  • Limit your liabilities
  • Protect your site from abusive users
  • Establish your intellectual property rights
  • Set proper customer expectations

Are terms and conditions legally binding?

Terms and conditions agreements can be legally binding if you prove your users read and consented to the document.

According to the American Bar Association, some courts uphold what’s known as the clickwrap method of consent, which is when you prompt users to select a checkbox to denote acceptance.

But it may be circumstantial, other factors will also be considered, and certain laws automatically require disclosures that apply to specific transactions — like the Children’s Online Privacy Protection Act (COPPA).

What are the benefits of having a Terms and Conditions agreement?

There are several benefits of having a terms and conditions agreement, here are just a few:

  • Your terms allow you to dictate and control how your website or app gets used
  • You can disclaim warranties and limit your liabilities
  • They outline your dispute resolutions and governing laws
  • It can help set clear customer expectations
  • They prevent you from answering the same customer questions over and over again

What clauses should be in my Terms and Conditions agreement?

The clauses you should put in your terms and conditions depend on the industry you’re in and how you allow users to access your website or mobile app, but here is a giant list of the most common clauses:

  • Introduction clause
  • Intellectual property clause
  • User contribution clause
  • Third parties clause
  • User registration clause
  • Acceptable uses clause
  • Prohibited activities and restrictions clause
  • Suspension and termination clause
  • Site management and support clause
  • Pricing and payment terms clause
  • Shipping policy clause
  • Returns and refund policy clause
  • Privacy policy clause
  • Limitation of Liabilities
  • Governing and applicable laws clause
  • Dispute resolutions and indemnification clause
  • Corrections and inaccuracies clause
  • Disclaimers and warranties clause
  • Contact information clause

Where do I display my Terms and Conditions agreement?

Your terms and conditions should be accessible at all times, so display them in the following places, where applicable:

  • Your website or app footer or other static menus
  • On any payment screens
  • On any new user account creation pages
  • Linked to your consent banner or other pop-ups
  • In your privacy center

How do I make my Terms and Conditions enforceable?

To help make your terms and conditions agreement enforceable, implement all of the following:

  • Ensure all of your users read and actively agree to your terms
  • Use both clickwrap consent and browsewrap consent methods
  • Make your terms very easy to read and understand
  • Link them in multiple easy-to-find locations throughout your platform
  • Include all of the relevant disclosures as required by the appropriate laws

Are “terms and conditions” and “terms of use” the same?

Yes, terms and conditions, terms of use, and terms of service refer to the same legal agreement.

Download Our Free Terms and Conditions Template

Ready to get your hands on a free terms and conditions template? Check out the sample below and then download our template in one the following ways:

  • HTML
  • PDF
  • Word doc
  • Google doc

Website Terms and Conditions [Text Format]

Last updated [Date]

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the [website name.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you

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Terms and Conditions Template HTML

You can copy our terms and conditions template HTML code or download it using the options below.

Website Terms and Conditions [Text Format]

Last updated [Date]

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the [website name.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These terms and conditions were created by Termly’s Terms and Conditions Generator.

Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.

Option 2: [The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

[(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;]

(3) you have the legal capacity and you agree to comply with these Terms and Conditions;

[(4) you are not under the age of 13;]

(5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site];

(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

(7) you will not use the Site for any illegal or unauthorized purpose;

(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services.
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. engage in unauthorized framing of or linking to the Site.
  7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another user or person or use the username of another user.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.
  25. [other]

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

(1) you should have firsthand experience with the person/entity being reviewed;

(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

(4) your reviews should not contain references to illegal activity;

(5) you should not be affiliated with competitors if posting negative reviews;

(6) you should not make any conclusions as to the legality of conduct;

(7) you may not post any false or misleading statements;

(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not:

(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions;

(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;

6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

(1) monitor the Site for violations of these Terms and Conditions;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on the Site]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;

(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;

(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;

(4) your name, address, and telephone number;

(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

[Name]

Attn: Copyright Agent

[Address]

[City, State Zip]

[email]

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles.

DISPUTE RESOLUTION

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than ______ years after the cause of action arose.

Option 2: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ______ days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state].

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than _____ years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Option 3: Binding Arbitration

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than ______ years after the cause of action arose.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Option 2/Option 3: Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

[NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$_________]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

[Corporate Name]

[Corporate Address]

[Corporate Phone Number]

[Corporate Fax Number]

[Email Address]

After you download the document, change the purple text so it accurately reflects different details about your business.

Our terms and conditions sample text is suitable for the following websites and platforms:

  • Small business website
  • Online shop
  • Mobile app
  • E-commerce / online store
  • Online store
  • Affiliate program
  • Retail website
  • Online payment
  • Subscription
  • Free trial
  • Online sales
  • Forum
  • Blog
  • Desktop app
  • Software as a Service (SaaS)
  • Facebook app

Additional T&Cs Templates

Or, if you’re looking for a different type of terms and conditions template, check out our other options to find what you need:

Terms and Conditions Template Description
Mobile App Terms and Conditions Template Terms and conditions for apps in various app stores
E-commerce Terms and Conditions Template Terms for e-commerce sites and online shops
Terms of Service Template For those who prefer terms of service
Terms of Use Template For those who prefer terms of use

Summary

If your business runs a website or mobile app, it’s in your best interest to have a terms and conditions agreement to set proper customer expectations and limit your exposure to unnecessary legal or financial risks.

A comprehensive terms and conditions agreement will give you control over:

  • How your site gets used
  • Who gets to use your platform
  • How you manage your site or service
  • What constitutes acceptable and unacceptable user behavior
  • Your intellectual property

After you’ve finished your terms and conditions, put it in prominent places throughout your website, like the footer and payment screens, so your users can always access it.

There’s no need to reinvent the wheel when making this agreement for your site. Get a head start by downloading and customizing our free terms and conditions template.

Masha Komnenic CIPP/E, CIPM, CIPT, FIP
More about the author

Written by Masha Komnenic CIPP/E, CIPM, CIPT, FIP

Masha is an Information Security and Data Privacy Specialist and a Certified Data Protection Officer. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. She has also been a privacy compliance mentor to many international business accelerators. She specializes in implementing, monitoring, and auditing business compliance with privacy regulations (HIPAA, PIPEDA, ePrivacy Directive, GDPR, CCPA, POPIA, LGPD). Masha studied Law at Belgrade University, and she passed the Bar examination in 2016. More about the author

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