Terms of Service
Agreement to these Terms
These Terms of Service (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, subscriptions and billing
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.
Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. You can cancel at any time in your account settings, and cancellation takes effect at the end of the current period. [Several US states and the EU have specific auto-renewal disclosure and cancellation rules; check the ones that apply to you.]
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]