Are terms and conditions legally required?

Usually not by statute, but they are strongly advisable for any site that sells, has accounts or hosts user content. Some platforms and payment providers require them, and some laws require specific disclosures (for example pricing, cancellation and auto-renewal terms) that normally live in your terms.

What is the difference between terms and conditions, terms of service and terms of use?

They are different names for the same kind of document. "Terms of service" is common for SaaS and apps, "terms of use" for content sites, and "terms and conditions" for online stores. Pick the name that fits; the legal effect comes from the content and how users accept it.

Should I include an arbitration clause?

Only with legal advice. Arbitration and class-action waivers are heavily litigated in the US and are largely unenforceable against consumers in the EU and UK. The generator marks the clause as needing a lawyer if you turn it on.

Is it really free? Do I need an account?

Yes, and no. Every generator is free with no sign-up, watermark or paywall. Your answers stay in your browser; they are never sent to our server unless you use the optional AI clause writer or policy checker.

Is a generated policy legal advice?

No. PolicyForge produces a starting template from your answers. It cannot know every detail of your business or every law that applies to you. Read the whole document, replace every [bracketed] placeholder, make sure it describes what you actually do, and have a lawyer review it if you handle sensitive data, sell to children, or operate at scale.

Terms and Conditions Generator – Free Template, No Sign-up

Terms and Conditions

[Bracketed] fields are placeholders · Template, not legal advice

Agreement to these Terms

These Terms and Conditions (the "Terms") are a binding agreement between you and [Business name] ("we", "us") governing your use of [Website or app name] at [website URL] (the "Service"). By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.

Eligibility

You must be at least 13 years old to use the Service, and if you are under the age of majority where you live, you may use it only with the involvement of a parent or guardian who agrees to these Terms.

Accounts

You are responsible for the information you give us, for keeping your password confidential and for all activity under your account. Tell us immediately at [contact email] if you suspect unauthorised use. We may suspend or close accounts that break these Terms.

Purchases and payment

Prices are shown at checkout and may change at any time, but changes do not affect orders already confirmed. You agree to provide accurate billing information and authorise us and our payment processors to charge your chosen payment method.

Refunds are handled under our Return & Refund Policy. [Link to it.]

Your content

You keep ownership of content you post to the Service. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display and distribute it solely to operate and promote the Service. You confirm you have the rights needed to post it.

We may remove content that we believe breaks these Terms or the law, but we are not obliged to monitor content.

Acceptable use

You agree not to:

break any law or infringe anyone's rights;
upload malware, or attempt to gain unauthorised access to the Service or its systems;
scrape, crawl or harvest data from the Service except as allowed by our robots.txt;
harass, threaten or impersonate others;
interfere with or overload the Service, or resell it without our written permission.

Intellectual property

The Service, including its software, design, text, graphics and trademarks, is owned by [Business name] or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-transferable licence to use the Service for its intended purpose. Nothing in these Terms transfers ownership to you.

Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to [contact email] identifying the work, the infringing material and its location, your contact details and a statement made in good faith. [US operators who want the DMCA safe harbour must also register a designated agent with the US Copyright Office.]

Third-party links and services

The Service may link to or integrate third-party websites and services that we do not control. We are not responsible for their content or practices, and your use of them is governed by their own terms.

Privacy

Our Privacy Policy explains how we handle personal information. By using the Service you acknowledge that you have read it. [Link to it.]

Termination

You may stop using the Service at any time. We may suspend or end your access if you break these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability and governing law) will survive.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not guarantee that the Service will be uninterrupted, secure or error-free.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, [BUSINESS NAME] WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR [amount, e.g. USD 100].

Some jurisdictions do not allow these exclusions or limits, so they may not apply to you. Nothing in these Terms limits rights you have as a consumer that cannot be waived by contract.

Indemnity

You agree to defend and indemnify [Business name] against claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Service.

Governing law and disputes

These Terms are governed by the laws of [State / country], without regard to conflict-of-law rules. Any dispute will be resolved in the courts located in [State / country], unless mandatory consumer law gives you the right to bring proceedings where you live.

Changes to these Terms

We may update these Terms. If a change is material we will give reasonable notice, for example by email or a notice in the Service, before it takes effect. Continuing to use the Service after the change means you accept the new Terms.

General

These Terms are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent.

Contact

Email: [contact email]
Postal address: [Business address]

Effective date: [Effective date]

What terms and conditions actually do

Unlike a privacy policy, no single statute requires terms and conditions. They are a contract: they set the rules for using your site, limit your liability, protect your content and say which courts handle disputes. Without them, default law decides all of that for you.

For terms to bind users they need to be shown clearly. Courts in the US have generally upheld "clickwrap" (the user ticks a box or clicks "I agree" next to a link to the terms) far more readily than "browsewrap" (a footer link nobody is asked to read). Link your terms at sign-up and checkout.

Clauses consumers can't sign away

Consumer protection law overrides some contract terms. EU and UK consumers keep their statutory rights for faulty goods and their 14-day right to withdraw from most online purchases; many US states restrict automatic renewal terms. The generator adds a saving sentence ("nothing in these terms limits rights you have as a consumer that cannot be waived"), but check the rules where your customers live.

Terms and Conditions Generator