Terms of Use
Overview
Terms of Use, also known as Terms of Service or Terms and Conditions, are legal agreements that govern the users of a service. These Terms often appear as disclaimers that must be agreed to in order to use a service, particularly software and web-based services. Unilateral or very one-sided Terms of Use are of questionable enforceability under recent court cases so service providers should make an effort to draft reasonable Terms of Use, post them in obvious locations, and provide opportunities for users to actively agree to their terms.
Terms of Use often address matters including user rights and responsibilities as well as proper usage and possible misuse of the service, accountability for online actions and conduct, a privacy policy addressing personal data, payment details for subscriptions or memberships, opt-out policies for communications, details of account termination, and prescribed processes for dispute resolution, which often mandate binding arbitration and limit users’ rights to take a claim to court. Terms of Use should also include a disclaimer or limitation of liability reducing the site’s responsibility for potential user damages, as well as details for notification provided to users when the terms are updated or modified.
Instructions
- Delete this first page of instructions before using your template
- Fields [in brackets] are placeholders for your information
- This template is provided “as is” – please consult your own legal counsel before use.
- For more detailed instructions for this template, or to find more detailed and comprehensive Terms of Service, visit UpCounsel
Disclaimer
UpCounsel, Inc. is located at 580 Market Street, 5th Floor, San Francisco, CA 94104. UpCounsel, Inc. is not a law firm, nor is it a substitute for hiring an attorney or a law firm. UpCounsel, Inc. may provide access to self-help services at your direction, but does not provide legal advice. Nothing herein shall be construed as the provision of legal advice. UpCounsel, Inc. cannot and will not provide any kind of advice, explanation, opinion, or recommendation to a user of this template about possible legal rights, remedies, defenses, options, selection of forms or strategies, and nothing herein shall be construed as such. The information contained in this template is general legal information, and a user should not construe this template as legal advice to be applied to a specific factual situation. Use of the template contained herein does not create or constitute an attorney-client relationship between the user of this template and UpCounsel, Inc., its employees, or any other person associated with UpCounsel, Inc. The law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation. As such, you should not rely on the template contained herein without first consulting an attorney about your specific situation.
The template contained herein is provided “as is.” UpCounsel, Inc. does not provide any express or implied warranties of merchantability, suitability, or completeness of the information in this template. You use this template at your own risk. Neither UpCounsel, Inc., nor its agents, officers, employees, or affiliates, are liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including procurement of substitute goods or services, loss of use or profits, or business interruption), even if UpCounsel, Inc. has been advised of the possibility of such damages, on any theory of liability, whether in contract, strict liability, or tort, arising in any way out of the use of or inability to use this template. Some jurisdictions do not allow the limitation of incidental or consequential damages, so this limitation may not apply to you.