SaaS & Commercial

Free Website Terms of Service Template

Website and app terms of service covering accounts, acceptable use, user content, payments, disclaimers, liability limits, changes and disputes.

Website terms of service are the rules users agree to when they use a site or app: accounts, acceptable use, user content, payments, disclaimers and how disputes are handled. Clear acceptance, such as a checkbox at sign-up, makes them far more likely to be enforced.

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Template
TERMS OF SERVICE

Last updated: [DATE]

These Terms of Service ("Terms") govern your use of [WEBSITE/APP NAME] at [URL] (the "Service"), operated by [COMPANY LEGAL NAME], [ADDRESS] ("we", "us"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. ELIGIBILITY. You must be at least [18] years old [or the age of majority where you live] to use the Service. If you use the Service for an organisation, you confirm you can bind it to these Terms.

2. ACCOUNTS. You are responsible for accurate account information, for keeping your login credentials secure and for activity under your account. Tell us promptly at [EMAIL] if you suspect unauthorised access.

3. THE SERVICE. We provide [DESCRIBE SERVICE]. We may improve or change features. If we remove a material feature from a paid plan, we will give reasonable notice and, where appropriate, a pro rata refund.

4. FEES, RENEWAL AND CANCELLATION. Paid plans are billed [monthly/annually] in advance and renew automatically until cancelled. We will show the price, billing frequency and renewal terms before you buy and send a reminder before annual renewals [where required by law]. You can cancel at any time in [ACCOUNT SETTINGS] and cancellation takes effect at the end of the current billing period. Refunds: [DESCRIBE REFUND POLICY, e.g., 14-day money-back guarantee on first purchase]. We will give at least [30] days' notice of price changes, which apply from your next renewal.

5. ACCEPTABLE USE. You will not: break the law or infringe others' rights; upload malware; attempt to access systems or data without authorisation; scrape or copy the Service at scale; resell the Service without permission; harass others; or use the Service to send spam.

6. YOUR CONTENT. You keep ownership of content you submit ("Your Content"). You grant us a limited licence to host, copy, process and display Your Content only as needed to provide and improve the Service for you. [We do not use Your Content to train machine learning models without your consent.] You confirm you have the rights to Your Content.

7. OUR CONTENT AND FEEDBACK. We own the Service, its software and content. We grant you a limited, non-transferable right to use the Service under these Terms. If you send feedback, we may use it without obligation to you.

8. PRIVACY. Our Privacy Policy at [URL] explains how we handle personal information.

9. THIRD-PARTY SERVICES. The Service may link to or integrate third-party services, which are governed by their own terms.

10. DISCLAIMERS. The Service is provided "as is" and "as available." To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. [If applicable: The Service provides information only and is not professional advice.]

11. LIMITATION OF LIABILITY. To the extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, and our total liability for any claim is limited to the greater of the amount you paid us in the [12] months before the claim or $[100]. Some jurisdictions do not allow these limits, so they may not apply to you.

12. INDEMNITY. If you use the Service for business, you will indemnify us against claims arising from Your Content or your breach of these Terms.

13. SUSPENSION AND TERMINATION. We may suspend or end your access for serious or repeated breach of these Terms, with notice where practicable. You can stop using the Service at any time. On termination you may export Your Content for [30] days, after which we may delete it.

14. CHANGES TO THESE TERMS. We may update these Terms. For material changes we will give at least [30] days' notice by email or in the Service. If you do not agree, you may cancel before the changes take effect and receive a pro rata refund of prepaid fees.

15. DISPUTES. Please contact us first at [EMAIL] so we can try to resolve any issue informally within [30] days. These Terms are governed by the laws of [STATE], and disputes will be heard in the courts of [COUNTY, STATE], except that either party may bring a claim in small claims court. [If using arbitration, insert a clear arbitration clause with an opt-out and small-claims exception, and review consumer-protection requirements.]

16. CONTACT. [COMPANY LEGAL NAME], [ADDRESS], [EMAIL].

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This free template is provided by ClauseAudit for general informational purposes and is not legal advice. Have it reviewed before use. Replace all [BRACKETED] placeholders.

When to use this template

  • Launching a website, SaaS product, marketplace or app with user accounts.
  • Selling subscriptions online with auto-renewal.
  • Replacing copied terms that do not match how your service works.

How to fill it in

  1. Describe the service accurately and set the minimum age.
  2. Write renewal, cancellation and refund terms that match your checkout and comply with state automatic renewal laws.
  3. Decide how you use customer content and state it plainly.
  4. Choose governing law and decide carefully whether to use arbitration.
  5. Use clickwrap acceptance: an unticked checkbox with a link, not just a footer link.

Key clauses to check

Acceptance
Clickwrap with an affirmative action is far more enforceable than browsewrap links.
Auto-renewal
Many states require clear disclosure, consent, reminders and easy online cancellation.
Your content licence
Keep it limited to providing the service to build trust.
Changes
Advance notice and a right to cancel make changes more defensible.
Liability limits
May not be enforceable against consumers in some states.

Frequently asked questions

Are website terms of service legally binding?

Usually, if users clearly agree, for example by ticking a box. Terms buried in a footer link are often not enforced.

Do I need terms of service for my website?

Not legally required in most cases, but they set rules for payments, content and liability, and are expected for subscriptions.

Can I change my terms of service?

Yes, with notice. Material changes should give users notice and a chance to cancel.

Want to check if a contract is fair before you sign?

If someone sent you a saas contract, don't guess. We flag risky clauses in plain English, tuned to your state, with a downloadable report and suggested-fix redline.

This free template is general information, not legal advice, and is no substitute for a qualified attorney. Laws vary by state; have it reviewed by a lawyer before you use or sign it.