Document Guide

Terms of service
IN PLAIN ENGLISH

Upload your terms of service for a clause-by-clause breakdown in plain English.

$10/ 30 pages

Terms of service — also called terms of use, terms and conditions, or just "TOS" — are the contract between you and a website, app, or online service that governs your use of that service. When you click "I agree" or simply continue using the product, you're entering a binding legal agreement. Most people don't read these terms. Most of the time, that's fine. But occasionally, buried in the legalese, there's something that matters: a waiver of your right to sue, a grant of rights to your content, a unilateral right to change the terms, or an automatic renewal that bills your card forever.

Terms of service exist because the internet operates on contracts. The service provider needs legal protection from misuse, and they need rules for acceptable behavior. The user needs to know what they're getting, what the company can do with their data, and what recourse they have if something goes wrong. In theory, TOS balance these interests. In practice, they're written by the company's lawyers, tilted in the company's favor, and presented on a take-it-or-leave-it basis. You don't negotiate terms of service — you accept them or you don't use the product.

That doesn't mean every clause is enforceable. Courts have struck down terms that are "unconscionable" (so one-sided that no reasonable person would agree), terms that violate consumer protection laws, and terms that weren't properly disclosed. Binding arbitration clauses and class action waivers are enforceable in most contexts, but some state laws create exceptions. The more you understand what's in a TOS, the better you can assess the risk of using a service — and the better you can advocate for yourself if something goes wrong.

Common clauses in a terms of service

  • Acceptance and agreement

    The statement that by using the service, creating an account, or clicking "I agree," you're entering a binding contract. This clause establishes how the contract is formed — usually "clickwrap" (you click a button) or "browsewrap" (you continue using the site). Clickwrap is generally enforceable; browsewrap (where terms are just linked in the footer) is on shakier ground.

  • Eligibility and age requirements

    Who is allowed to use the service. Most terms require users to be at least 13 (the COPPA threshold in the US) or 18. Some services restrict users to specific countries or require parental consent for minors. Lying about your age to sign up may void your account and any rights you have under the terms.

  • Account registration and security

    Your obligation to provide accurate information, keep your login credentials secure, and notify the company if your account is compromised. You're typically responsible for everything that happens under your account, whether or not you authorized it.

  • Acceptable use and prohibited conduct

    A list of things you're not allowed to do: harass other users, post illegal content, spam, scrape data, reverse-engineer the software, use bots, violate intellectual property, or engage in fraud. Violating acceptable use can get your account suspended or terminated, and in serious cases, expose you to legal liability.

  • User-generated content and license grant

    If you post content to the service — text, photos, videos, comments — you're typically granting the company a license to use that content. The license is usually broad: worldwide, royalty-free, sublicensable, perpetual (or lasting as long as the content exists on the platform). You retain ownership, but the company can display, distribute, and sometimes modify your content. Read this section if you're posting creative work.

  • Intellectual property and DMCA

    A statement that the service's code, design, trademarks, and content are the company's property (or licensed to them), and a process for reporting copyright infringement under the Digital Millennium Copyright Act. If your content is taken down via DMCA, the terms usually explain how to file a counter-notice.

  • Privacy and data use

    A reference to the service's privacy policy, which governs how your personal information is collected, used, and shared. The privacy policy is typically a separate document incorporated by reference. TOS may also address cookies, tracking, and data security at a high level.

  • Third-party services and links

    A disclaimer that the service may link to or integrate with third-party products, and the company isn't responsible for those third parties. If you connect your account to another app or click a link to an external site, you're on your own.

  • Payment, subscriptions, and refunds

    If the service costs money, this section covers billing, subscription terms, automatic renewal, price changes, and refund policy. Watch for auto-renewal clauses that roll your subscription indefinitely unless you cancel before a deadline. Some terms say refunds are never given; others allow them under certain conditions.

  • Termination

    The company's right to suspend or terminate your account — usually "at any time, for any reason or no reason, with or without notice." You may also have the right to terminate by deleting your account. What happens to your data and content on termination varies.

  • Disclaimer of warranties

    A statement that the service is provided "as is" and "as available," without warranties of any kind — no promise that it will work, be accurate, be secure, or meet your needs. This is standard boilerplate that limits the company's liability if the service fails.

  • Limitation of liability

    A cap on how much you can recover from the company if something goes wrong. Typical language limits liability to the amount you paid in the last 12 months (often zero for free services) and excludes "consequential" damages like lost profits or data. Some states don't allow complete liability waivers for negligence or gross misconduct.

  • Indemnification

    Your agreement to defend and pay for any claims against the company arising from your use of the service, your content, or your violation of the terms. This shifts legal risk to you. For consumers, aggressive indemnification clauses may be unenforceable, but they're common.

  • Arbitration and class action waiver

    A clause requiring disputes to be resolved through binding arbitration rather than in court, and waiving your right to participate in a class action lawsuit. These clauses are enforceable in most US contexts under the Federal Arbitration Act, though some state laws create exceptions for certain claims.

  • Governing law and jurisdiction

    Which state or country's laws apply and where disputes will be heard. The company usually chooses its home state. This can matter if you're in a different jurisdiction with stronger consumer protections.

  • Modifications to the terms

    The company's right to change the terms at any time, usually by posting the new version on its website. Some terms require notice or consent for "material" changes; others let the company change anything with no notice. Continued use after a change typically counts as acceptance.

Red flags to watch for

  • Broad license to your content with no limits

    Language that grants the company rights to use your content in any way, forever, even after you delete it or close your account. If you're posting valuable creative work, this matters.

  • Mandatory arbitration with no opt-out

    A binding arbitration clause that applies to all disputes, with no ability to opt out. Some services let you opt out within 30 days of signing up. If there's no opt-out and you might have a significant claim, consider whether the service is worth it.

  • Class action waiver

    A waiver of your right to join a class action, combined with arbitration. This means you have to fight disputes one by one, which may not be economical for small claims. Courts generally enforce these waivers, but they've drawn criticism and some state-law pushback.

  • Unilateral right to change terms without notice

    Language that says the company can modify the terms at any time and your continued use is consent. This is common, but the most user-friendly services at least commit to notifying you of material changes.

  • Termination "for any reason" with no refund

    A right to terminate your account at any time with no explanation and no refund of prepaid fees. If you're paying for an annual subscription, check what happens if your account is terminated mid-term.

  • No liability for data loss

    A disclaimer that the company isn't responsible if your data is lost, corrupted, or breached. This is standard but worth noting — if you're storing important data, have your own backups.

  • Indemnification for all claims

    An indemnity clause that makes you responsible for any claim arising from your use, including claims the company could have prevented. Consumer indemnification clauses may be unenforceable, but they create pressure not to challenge the company.

  • Automatic renewal with short cancellation window

    A subscription that auto-renews annually (or for another long term) unless you cancel within a narrow window before renewal. Easy to miss, expensive to discover.

Read your own terms of service

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// This is not legal advice // Plain-English summary generated by AI // Always read the original document