Effective Date: {Effective Date}
Last Updated: {Last Updated Date}
1. Agreement to the Terms
These Terms of Service (the "Terms") are a binding agreement between {Company Name} ("we", "us", or "our") and you ("you" or "your") governing your access to and use of {Service Name}, our website at {Website URL}, and any related applications, features, and content (collectively, the "Service").
By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
About this section
What's in this section
The clause that turns a page of text into a contract. It names the parties, pulls in the documents it relies on (the Privacy Policy and anything else), and states that using the Service means agreeing.
Why this section is here
A contract needs mutual assent. This is where accessing the Service becomes the act of agreeing, and where an incorporated document like the Privacy Policy becomes binding rather than merely informational.
Common mistake
Burying the agreement language so the user never clearly assents. The clearer the 'by using, you agree' framing and the more visible the acceptance step, the more enforceable everything that follows.
How clickwrap acceptance works →2. Eligibility
You must be at least {Minimum Age} years old, or the age of majority in your jurisdiction if higher, to use the Service. By using the Service, you represent and warrant that you meet this requirement, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under any applicable law.
If you use the Service on behalf of an organization, you further represent that you are authorized to accept these Terms on its behalf.
About this section
What's in this section
Sets who is allowed to use the Service: a minimum age and the legal capacity to enter a contract, plus authority to bind a company for B2B use.
Why this section is here
An agreement with a minor or someone lacking capacity can be voidable. The age line also intersects with children's-privacy law (COPPA in the US, age-of-consent rules in the EU), so it does double duty.
Common mistake
Setting the age below 18 without realizing a minor's agreement may not bind them. If your audience can include teens, pair this with parental-consent handling, not just a number.
3. Definitions
For purposes of these Terms:
- "Account" means the account you create to access the Service.
- "Content" means any text, images, data, files, or other material made available through the Service.
- "User Content" means Content that you or other users submit, upload, or transmit to or through the Service. (If your Service does not allow user submissions, remove this definition along with the User Content section, the exclusion in Section 8, and clause (d) in Section 15.)
- "Service" has the meaning given in Section 1.
- "Third-Party Services" means products, services, or content provided by parties other than us, including those integrated with or linked from the Service.
About this section
What's in this section
Pins down the handful of terms the rest of the document leans on, so 'Service,' 'Content,' and 'User Content' carry one fixed meaning throughout.
Why this section is here
Defined terms are how you avoid arguing later about what a clause covers. Courts read an undefined term against the drafter, so leaving a load-bearing word like 'Service' vague tends to cut against you.
Common mistake
Defining terms you never use, or using a capitalized term you never defined. Keep the list to words that actually carry weight elsewhere in the document.
4. The Service
The Service provides the features and functionality described at {Website URL} and within the product. (Replace this sentence with a short, accurate description of what your product actually does.)
We are continually improving the Service. We may add, change, suspend, or discontinue any feature or part of the Service at any time, with or without notice, and we may impose limits on certain features or restrict access to parts or all of the Service. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as expressly stated in these Terms or required by law.
Beta and pre-release features. We may offer features identified as beta, preview, early access, or experimental ("Beta Features"). Beta Features are provided for evaluation, "as is," may be changed or withdrawn at any time, and may be less reliable than generally released features. We may collect feedback and usage data to improve them. Any confidentiality designation we apply to a Beta Feature remains in effect until we release the feature publicly.
About this section
What's in this section
A plain description of what you actually provide, plus your right to add, change, suspend, or discontinue features over time.
Why this section is here
The description scopes everything else: the license, the disclaimers, and the liability cap all attach to 'the Service' as defined here. The right-to-modify language is what lets the product evolve without breaching your own terms.
Common mistake
Leaving the placeholder description generic. A vague 'we provide various services' makes it harder to argue that a particular use fell outside the agreed scope.
5. Accounts and Registration
To access certain features, you must create an Account and provide accurate, current, and complete information. You are responsible for keeping your credentials confidential and for all activity that occurs under your Account. You agree to notify us immediately at {Email Address} of any unauthorized use of your Account or any other breach of security. We are not liable for any loss arising from unauthorized use of your Account that results from your failure to safeguard your credentials.
You may not share your Account, transfer it to anyone else, or use another person's Account without permission.
About this section
What's in this section
Puts responsibility for account security and accurate registration details on the user.
Why this section is here
It shifts the risk of credential misuse to the account holder and gives you a contractual basis to act on compromised or fraudulent accounts.
Common mistake
Promising to keep accounts secure in absolute terms. State that the user is responsible for their own credentials; an unqualified security promise here undercuts the disclaimer later.
6. License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for the purposes permitted by your plan and these Terms. (Define the permitted use to match your product. A simple app might allow "personal or internal business use," while an agency, marketplace, reseller, or API platform may need broader or customer-facing rights.)
You may not, and may not permit anyone else to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by applicable law; (c) rent, lease, sell, sublicense, or otherwise commercialize the Service; (d) remove or obscure any proprietary notices; or (e) use the Service to build a competing product or service.
About this section
What's in this section
Grants the user a narrow right to use the Service and lists what they may not do with it: resell, reverse engineer, or build a competitor.
Why this section is here
You own the Service; the user only gets the permission you grant here. Without an express license and its limits, the scope of what a user may do is left to implication, which favors the user.
Common mistake
Granting the license but dropping the restrictions, or omitting the reverse-engineering and competing-product limits. The grant and its limits are two halves of one clause.
7. Acceptable Use and Prohibited Conduct
You agree not to use the Service to:
- violate any applicable law or regulation, or infringe the rights of any third party;
- upload or transmit malware, or otherwise interfere with or disrupt the integrity or performance of the Service;
- gain or attempt to gain unauthorized access to the Service, other accounts, or our systems or networks;
- scrape, crawl, or harvest data from the Service except as expressly permitted in writing;
- send spam or unsolicited communications through the Service;
- impersonate any person or entity, or misrepresent your affiliation with anyone; or
- engage in conduct that is harassing, abusive, defamatory, obscene, or otherwise objectionable.
We may investigate any suspected violation and may suspend or terminate access for conduct we reasonably determine violates these Terms. (If you maintain a separate Acceptable Use Policy, incorporate it here by reference and keep the detailed conduct rules there instead of expanding this list.)
Export controls and sanctions. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive government sanctions, and that you are not identified on any government list of prohibited or restricted parties. You agree not to use, export, or re-export the Service in violation of any applicable export control or economic sanctions laws, including those of the United States and the European Union.
User Content. The Service may allow you to submit, upload, or share User Content. You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify for formatting and display, and display your User Content solely to operate and provide the Service.
You are solely responsible for your User Content, and you represent that you have the rights necessary to submit it and that it does not violate these Terms, infringe any third party's rights, or breach any law. We are not obligated to monitor User Content, but we may review, remove, or disable access to any User Content that we reasonably believe violates these Terms or applicable law.
Copyright Complaints. We respect intellectual property rights and respond to notices of alleged infringement. If you believe content on the Service infringes your copyright, send a notice to our designated agent at {DMCA Agent Contact} that includes the information required by the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512): identification of the copyrighted work, identification of the allegedly infringing material and where it is located, your contact information, a statement of good-faith belief, a statement that the information is accurate, and your physical or electronic signature. We may remove infringing material and terminate the accounts of repeat infringers. (To rely on the DMCA safe harbor, you must also register your designated agent with the U.S. Copyright Office at https://www.copyright.gov/dmca-directory/ and pay the filing fee. Outside the United States, replace this with the notice-and-takedown process that applies in your jurisdiction.)
Reporting illegal or infringing content. If you believe content on the Service is illegal or infringes your rights, notify us at {Email Address} with enough detail to identify the content, where it is located, and the legal basis for your complaint. We will act on valid notices, may remove or disable access to the content, will tell you the outcome and how to challenge it, and may suspend or terminate the accounts of repeat infringers. (In the EU, align this with your Digital Services Act notice-and-action duties; in the UK, with the Online Safety Act and the e-commerce rules.)
About this section
What's in this section
The list of behavior that gets an account suspended: illegal use, abuse, scraping, unauthorized access, spam, and impersonation.
Why this section is here
This is the contractual hook you rely on when you need to remove a bad actor. If a behavior is not prohibited here, terminating a user for it is much harder to defend.
Common mistake
A vague 'do not misuse the Service.' Name the specific conduct you actually want the right to act on, because that is what an enforcement decision points back to.
8. Intellectual Property
The Service, including all software, text, graphics, logos, and other content we provide (but excluding User Content), together with all intellectual property rights in it, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited license granted in Section 6, these Terms do not transfer any right, title, or interest in the Service to you.
"{Company Name}", "{Service Name}", and our related names and logos are our trademarks. You may not use them without our prior written consent.
Feedback. If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without obligation or compensation to you.
About this section
What's in this section
Confirms you own the Service and its content, reserves your trademarks, and takes a license to any feedback users send.
Why this section is here
It stops a user from claiming rights in your product and makes clear that the Section 6 license is the only right they receive. The feedback license keeps you free to build a suggested feature without an IP claim surfacing later.
Common mistake
Forgetting the feedback license. Without it, a user who suggested a feature can later argue they have rights in how you built it.
9. Privacy
Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and share personal information. By using the Service, you acknowledge that you have reviewed it. If you are a business customer that uses the Service to process personal data on behalf of your own end users, a Data Processing Agreement may also apply.
About this section
What's in this section
A short bridge to your Privacy Policy, and a flag that business customers may also need a Data Processing Agreement.
Why this section is here
Keeping privacy disclosures in a separate policy is deliberate: the two documents do different legal jobs and are enforced by different bodies. This clause links them without merging them.
Common mistake
Pasting privacy terms into the Terms of Service. Keep them separate; a privacy regulator expects a standalone, findable Privacy Policy.
Pair this with a Privacy Policy →10. Third-Party Services and Links
The Service may integrate with or link to Third-Party Services that we do not control. We provide them for convenience and do not endorse them. Your use of any Third-Party Service is governed by that party's own terms and privacy policy, and we are not responsible for it. Your dealings with any third party are solely between you and that third party.
Fees, Payment, and Renewals
(Include this section only if your Service charges fees. Auto-renewal and cancellation rules vary by region: US state automatic-renewal laws and the FTC Act, the UK Consumer Contracts Regulations 2013, and the EU Consumer Rights Directive all require clear renewal disclosure and an easy way to cancel. Match this section to the laws that apply to your customers.)
Fees. You agree to pay all fees for the plan you select, as described at the point of purchase. Fees are stated exclusive of taxes, which you are responsible for unless we state otherwise. Fees that have accrued before your Account is cancelled or terminated remain payable.
Subscriptions and automatic renewal. Paid subscriptions renew automatically at the end of each billing period at the then-current rate, unless you cancel before the renewal date. We will disclose the renewal price and frequency clearly before you subscribe, and, where required by law, we will send a renewal reminder and tell you how to cancel before each renewal.
Cancellation. You may cancel at any time through your Account settings or by contacting us at {Email Address}. Cancellation takes effect at the end of the current billing period, and you keep access until then. We do not provide partial-period refunds unless required by law.
Free trials. If we offer a free trial, we will tell you its length and terms. Unless you cancel before the trial ends, we may begin charging the applicable fee.
Failed payments. If a payment fails, we may retry the charge and may suspend or limit your access until the amount due is paid. You are responsible for keeping a valid payment method on file.
Refunds. Except where required by law or expressly stated, fees are non-refundable. Where we do offer a refund, the refund window is {Refund Period} from the date of the charge. If you have a billing concern, contact us before initiating a chargeback; disputing a charge without contacting us first may result in suspension while we investigate.
Changes to fees. We may change our fees on reasonable advance notice, which will not take effect until the next billing period after the notice. If you do not agree to a fee change, you may cancel before it takes effect.
About this section
What's in this section
Disclaims responsibility for the third-party tools, links, and integrations the Service connects to.
Why this section is here
You cannot stand behind code and content you do not control. This clause makes clear that a user's relationship with a linked or integrated third party is governed by that party's terms, not yours.
Common mistake
Staying silent on integrations. If your product embeds third-party services, not addressing them leaves you arguably on the hook for their failures.
11. Electronic Communications
By using the Service, you consent to receive communications from us electronically, including by email, through the Service, or by other electronic means. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing, to the fullest extent permitted by applicable law. You may withdraw consent to non-essential communications, but you may continue to receive communications necessary to administer your Account and the Service.
About this section
What's in this section
The user's consent to receive notices electronically, and their agreement that electronic notices satisfy any 'in writing' requirement.
Why this section is here
It is what lets you deliver account notices, billing notices, and updated terms by email or in-product rather than on paper. Under ESIGN and UETA that electronic delivery carries the weight of writing, but only once the user has consented to it.
Common mistake
Assuming you can email legal notices without this consent. The clause is small, but it is what makes your entire electronic-notice flow valid.
E-signatures and the ESIGN Act →12. Term, Suspension, and Termination
These Terms remain in effect for as long as you use the Service. You may stop using the Service and close your Account at any time.
We may suspend or terminate your access to the Service, in whole or in part, at any time if (a) you breach these Terms, (b) we are required to do so by law, or (c) we reasonably determine that your use poses a risk to the Service, to other users, or to us. Where reasonable and lawful, we will give you notice and an opportunity to cure before suspending or terminating.
On termination, your license to use the Service ends immediately. Sections that by their nature should survive termination, including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law and Dispute Resolution, will survive.
Content moderation and your rights (EU Digital Services Act). We moderate content using a combination of automated tools and human review, and we set out the policies, procedures, and restrictions that apply in these Terms and in any Acceptable Use Policy we incorporate. Where we restrict, remove, suspend, or demote your content or account, we will give you a clear statement of reasons that explains the decision, the grounds we relied on, and how to challenge it, unless the law prevents us from doing so. You may contest the decision through our internal complaint-handling process, and you may also pursue out-of-court dispute settlement or a judicial remedy. We apply and enforce these Terms diligently, objectively, and proportionately, as the Digital Services Act requires.
About this section
What's in this section
Sets how long the agreement runs, when you can suspend or close an account, and which clauses live on after termination.
Why this section is here
It gives you a defined right to cut off access for breach or risk, and the survival list keeps the protective clauses (IP, disclaimers, liability) in force for disputes that surface after the account is gone.
Common mistake
Forgetting the survival clause. If liability limits and IP terms do not expressly survive, a user can argue they ended when the account closed, exactly when you need them most.
13. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. (Some lawyers present this Disclaimer and the Limitation of Liability below in ALL CAPS so they are "conspicuous" under UCC § 2-316. Bold text like this is increasingly accepted, but consider caps for maximum enforceability with US consumers.)
Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Consumer rights (EU). If you are a consumer in the European Union, these Terms do not affect your mandatory statutory rights. Under the Unfair Contract Terms Directive (93/13/EEC) a term that creates a significant imbalance to your detriment is not binding on you, and under the Consumer Rights Directive you may have a 14-day right to withdraw from certain purchases; where that right applies, we will inform you before you buy. For paid digital content or services, we will ask for your express consent to begin before the withdrawal period ends and explain that doing so may end that right. Nothing in these Terms excludes or limits your mandatory consumer rights.
Consumer rights (UK). If you are a consumer in the United Kingdom, these Terms do not affect your statutory rights under the Consumer Rights Act 2015, including that services be performed with reasonable care and skill and that digital content be of satisfactory quality, fit for purpose, and as described. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you may have a 14-day right to cancel certain purchases; where that right applies, we will inform you before you buy. For paid digital content, we will ask for your express consent to begin before the cancellation period ends and explain that doing so may end that right. Nothing in these Terms excludes or limits your mandatory consumer rights.
About this section
What's in this section
Provides the Service 'as is,' disclaims implied warranties, and preserves any rights the user has that cannot be waived.
Why this section is here
Implied warranties like fitness for a particular purpose attach automatically unless you disclaim them. The savings sentence keeps the disclaimer from overreaching into rights the law will not let you waive, which is what makes it hold up.
Common mistake
A blanket 'all warranties disclaimed' with no carve-out for non-waivable rights. Consumer-jurisdiction courts strike overbroad disclaimers; the savings clause is what keeps yours enforceable.
14. Limitation of Liability
To the maximum extent permitted by law, we and our affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of, or inability to use, the Service, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months before the event giving rise to the liability, or (b) one hundred US dollars (US$100).
Nothing in these Terms excludes or limits our liability for matters that cannot lawfully be excluded or limited, such as fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
Consumers in the EU and UK. If you are a consumer, the cap and exclusions above apply only to the extent your country's consumer-protection law permits. Nothing in this section limits our liability where the law does not allow it, and you keep every remedy your mandatory consumer law provides; if a court finds any limitation unfair, it does not apply to you.
About this section
What's in this section
Caps your financial exposure and excludes indirect damages, while preserving liability that cannot lawfully be limited.
Why this section is here
This clause decides what a worst-case claim actually costs you. The cap and the exclusion of consequential damages are the two levers; the savings sentence keeps them from being void in places that forbid limiting certain liabilities.
Common mistake
Capping liability for everything, including fraud or personal injury. Carve those out, or a court may refuse to enforce the entire limitation.
15. Indemnification
You agree to indemnify and hold harmless {Company Name} and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or the rights of a third party, or (d) your User Content. We may assume the exclusive defense of any matter subject to indemnification by you, in which case you agree to cooperate with us.
About this section
What's in this section
Shifts the cost of third-party claims caused by the user's conduct or content back onto the user.
Why this section is here
If a user's misuse or content drags you into a third party's lawsuit, this is what lets you recover your defense costs from the user instead of absorbing them.
Common mistake
Writing an indemnity so broad it sweeps in your own wrongdoing. Tie it to the user's breach, misuse, content, or violation of law, not to claims arising from your own acts.
16. Governing Law and Dispute Resolution
Governing law. These Terms are governed by the laws of {Governing Law}, without regard to its conflict-of-laws rules. (Choose a jurisdiction connected to your business. A choice-of-law clause does not override the mandatory consumer-protection laws that apply where your users live, so consumers may keep rights under their local law regardless of this clause.)
Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at {Email Address}. We will try to resolve the dispute informally within sixty (60) days of your notice. If we cannot, either party may pursue the remedies below.
Courts. Except where prohibited by applicable law, the courts located in {Jurisdiction} have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there.
Courts. If you are a consumer in the United Kingdom, you may bring proceedings in the courts of the part of the UK where you live, and we will bring proceedings against you only in those courts. If you are a business user, the courts of England and Wales have exclusive jurisdiction. Nothing here removes a consumer's right to rely on the mandatory law of their home nation.
Courts. If you are a consumer in the European Union, mandatory law lets you bring proceedings in the courts of the member state where you live, and we will bring proceedings against you only there. This provision does not deprive you of the protection of the mandatory law, or the right to use the consumer-redress bodies, of your home member state.
Binding arbitration. (Optional and US-focused. Arbitration is not enforceable in every jurisdiction or for every type of claim and is generally not appropriate for consumers in the EU or UK. Include only after legal review.) Except for the excluded claims below, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding arbitration administered by {Arbitration Provider} under its applicable rules, conducted in {Arbitration Location} or by remote hearing. Judgment on the award may be entered in any court with jurisdiction. Arbitration fees are allocated under the rules of {Arbitration Provider} and applicable law. Excluded claims: either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information. Opt-out: you may reject this arbitration agreement by sending written notice to {Email Address} within 30 days of first accepting these Terms, in which case the Courts clause above will govern your disputes.
Class action waiver. (Optional and US-focused. A class waiver is most enforceable when enabled together with the arbitration clause above; a standalone waiver litigated in court is more readily challenged. Enforceability varies by jurisdiction; include only after legal review.) To the maximum extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. Where arbitration applies, the arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding.
About this section
What's in this section
Picks the governing law and forum, requires an informal-resolution attempt first, and houses the optional arbitration and class-waiver clauses.
Why this section is here
Choice of law and forum decide where and under which rules a fight happens, which often matters more than the substantive clauses. The informal-resolution step filters out disputes that a conversation could settle before they become filings.
Common mistake
Choosing a forum with no connection to your business, or switching on arbitration and a class waiver without legal review. Those two are powerful, jurisdiction-sensitive, and wrong for some audiences.
17. Changes to the Terms
We may modify these Terms from time to time. When we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new "Last Updated" date, sending an email, or presenting an in-product notice, and where appropriate we will ask you to actively accept the updated Terms. Changes take effect when posted unless we state otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms, except where applicable law requires your active consent. If you do not agree to the updated Terms, you must stop using the Service.
About this section
What's in this section
Reserves the right to update the Terms and sets how you notify users and capture their agreement to the new version.
Why this section is here
Terms that never change are unrealistic, but a change only binds a user who had notice and a chance to accept. This clause is what makes a future version enforceable against existing users, not just the version they first agreed to.
Common mistake
Relying on 'continued use means acceptance' for material changes. For significant changes like new fees or arbitration, get active re-acceptance, or the change may not bind users who never saw it.
Re-acceptance after changes →18. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any other documents incorporated by reference, are the entire agreement between you and us regarding the Service and supersede all prior agreements on the same subject.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be enforced to the maximum extent permitted by law.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
Notices. We may provide notices to you by email or through the Service. You may send notices to us at {Email Address} or {Mailing Address}.
About this section
What's in this section
The standard contract machinery: entire agreement, severability, assignment, waiver, force majeure, no-agency, and notices.
Why this section is here
Nobody reads these until a dispute, when they decide whether one bad provision sinks the whole contract (severability), whether you can transfer it in a sale (assignment), and whether not enforcing a term once gave it up forever (waiver).
Common mistake
Treating these as filler and cutting one. Severability in particular is what keeps the rest of the document alive if a single provision is struck down.
19. Contact
If you have questions about these Terms, contact us at:
{Company Name}
{Mailing Address}
Email: {Email Address}
App Store Terms. If you download our application from a third-party app store or distribution platform (such as the Apple App Store or Google Play), your use is also subject to that platform's terms. You acknowledge that these Terms are between you and us, not with the platform, and that the platform is not responsible for the application or its content. To the extent required by Apple, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a region subject to an applicable embargo and are not on a prohibited-parties list. (If you distribute through the Apple App Store and do not adopt a custom EULA, Apple's minimum Licensed Application End User License Agreement terms also apply; review Apple's current requirements before publishing.)
About this section
What's in this section
Where users reach you with questions or formal notices about the Terms.
Why this section is here
The dispute-resolution and notices clauses are only usable if there is a real address behind them. This is the destination those clauses point to.
Common mistake
Listing a support address nobody monitors for legal notices. Route contractual notices to a channel a responsible person actually reads.
Acceptance
(This acceptance clause assumes your platform actually captures user identity or account, timestamp, network address, the version of the Terms presented, the affirmative acceptance action, and a copy of the exact accepted terms. Verify your implementation captures these elements before relying on this clause. For ClickTerm-powered acceptance flows, this happens automatically.)
You agree to these Terms by clicking "I Agree" (or taking a substantially similar affirmative action) at the time the Terms are presented in the signup, purchase, or onboarding flow. Acceptance is captured and timestamped, and the record of acceptance, including the version of the Terms presented, the time of acceptance, the network address of the device used, and the identity of the accepting user where available, constitutes evidence of your agreement to be bound by these Terms.
Signatures
(Use these signature blocks in place of the clickwrap acceptance above when executing these Terms by hand or through a traditional electronic signing platform. Delete the Acceptance section above before publishing.)
The parties have executed these Terms as of the Effective Date.
{Company Name}
By: ____________________________________
Name: _________________________________
Title: _________________________________
Date: _________________________________
Customer
By: ____________________________________
Name: _________________________________
Title: _________________________________
Date: _________________________________
About this section
What's in this section
The clickwrap mechanism: the affirmative action that forms the contract and the record that proves it.
Why this section is here
Everything in this document depends on the user having agreed. This clause is where that agreement is captured, and the acceptance record is what you produce if the user later denies agreeing.
Common mistake
Treating the click as a UI event rather than a stored record. Capture the version shown, the timestamp, the network address, and the identity; without that evidence, even the strongest terms are hard to enforce.
Why clickwrap beats browsewrap →