How to Write Terms of Service

Terms of service (terms and conditions) govern the relationship between your business and users — unlike privacy policies which cover data.

Step 1: Define service scope

What are users getting? SaaS access, ecommerce purchases, community features, API use? Terms must match actual product behavior.

Step 2: Essential sections

1. Acceptance — clicking, signing up, or using service constitutes agreement
2. Eligibility — age, jurisdiction, account rules
3. Accounts — registration, security, termination
4. Payments/subscriptions — pricing, renewal, refunds (SaaS/ecommerce)
5. Acceptable use — prohibited behavior, content rules
6. Intellectual property — who owns what
7. Disclaimers — service "as is" where appropriate (counsel review)
8. Limitation of liability — caps and exclusions (enforceability varies)
9. Indemnification — if applicable
10. Dispute resolution — governing law, arbitration vs courts
11. Changes to terms — notice process
12. Contact

Step 3: Match your business model

• SaaS: auto-renew, downgrade, API limits — see SaaS template
• Ecommerce: shipping, returns, chargebacks
• Marketplaces: user-generated content, DMCA

Step 4: Generate and publish

Use Terms of Service Generator. Publish on your domain; link from signup and footer alongside privacy policy.

Transparency

Certified Clerica members can certify terms with same verify and directory path as privacy policies.

Related: Do I need terms? · Best terms generators · Business FAQ

Clerica is not a law firm and does not provide legal advice. This guide is educational. Consult qualified counsel for jurisdiction-specific requirements.