---
name: terms-of-service
description: Use when asked to draft or review terms of service (ToS) — the legal agreement governing how users may use a product or service — for general guidance only, not legal advice; always direct the reader to consult a qualified lawyer for their specific situation and jurisdiction. Distinct from a [[privacy-policy]], which governs data handling rather than usage rights and conduct.
---

# Terms of Service

Terms of service (ToS) is the legal agreement between a provider and a
user that governs how the user may use a product or service: what's
permitted, what's prohibited, who's liable if something goes wrong, and
what happens if either side wants out. It's a binding contract, even
when most users never read it.

**This is general guidance for drafting a working document, not legal
advice.** Terms of service are enforceable contracts with real
consequences, and requirements vary by jurisdiction and by what the
product actually does. Always direct the reader to have a qualified
lawyer review the final terms before publishing them.

## Key components

- **Acceptable use** — what users are and aren't permitted to do with
  the service, stated specifically enough to be enforceable (vague
  prohibitions are hard to act on later).
- **Account and termination terms** — how accounts are created and
  closed, and under what conditions the provider can suspend or
  terminate access (violations, non-payment, discontinuing the service).
- **Liability limitations** — what the provider is and isn't responsible
  for if the service fails, causes loss, or is misused — this is one of
  the sections where jurisdiction-specific legal review matters most.
- **Dispute resolution** — how disagreements get resolved: governing
  law, arbitration vs. litigation, and venue.
- **Changes-to-terms notice process** — how and when the provider will
  notify users that the terms have changed, and whether continued use
  counts as acceptance.

## Common pitfalls

- **Terms that don't match what the product or marketing actually
  promises** — if the marketing site promises a feature or guarantee the
  terms don't cover (or that the terms actually contradict), that gap is
  a real liability, not just an inconsistency.
- **No clear process for notifying users of changes** — silently editing
  terms and expecting acceptance to carry over is both a poor practice
  and, in many jurisdictions, not legally sufficient.
- **Boilerplate copied from an unrelated product without adapting it** —
  terms lifted from a template or a different company's product often
  reference features, data practices, or liability scenarios that don't
  match what this product actually does, which weakens enforceability
  and can create obligations the provider never intended.
- **Vague acceptable-use language** — a prohibition too vague to point to
  ("don't misuse the service") is hard to enforce against a specific bad
  actor later.
- **Treating the ToS as a one-time document** — a service that evolves
  (new features, new data practices, new regions) needs terms revisited
  alongside it, not left describing an earlier version of the product.

## Learn more

- [[privacy-policy]] for the companion legal document governing data
  collection and handling, rather than usage rights and conduct.
- [[contract-review]] for the broader discipline of reviewing contract
  terms before they're signed or published.
- [[non-disclosure-agreement]] for a narrower legal agreement covering
  confidentiality specifically, rather than general service use.