Terms of Service, Explained: The Clauses That Actually Matter

Terms of Service (also called Terms & Conditions or Terms of Use) are the contract between you and the people using your product. They set the rules, cap your liability, and decide which court hears a dispute. Here's what goes in one.

The always-there clauses

Every ToS should include:

• Acceptable use — what users may and may not do.
• Intellectual property — you own the product; users don't get to copy it.
• Disclaimer — the service is provided "as is," without warranties.
• Limitation of liability — caps what you can be sued for.
• Governing law — which jurisdiction's laws apply.

The last two are the ones lawyers care about most, because they're what limit your exposure when something goes wrong.

The it-depends clauses

Add these based on your product:

• Accounts — if users sign up, cover credential responsibility and accurate info.
• Payments — if you charge, cover billing terms and refunds.
• User content — if users post content, clarify that they keep ownership but grant you a license to host and display it.
• Termination — reserve the right to suspend accounts that break the rules.

Not a place to copy-paste blindly

A borrowed ToS often references features you don't have (or misses ones you do), and the governing-law clause points at the wrong place. The Terms of Service Generator assembles a starter agreement from your details and only the clauses you enable. It's a template, not legal advice — review it with counsel. Pair it with a Privacy Policy to cover both halves of the legal basics.