Free terms and conditions generator

Draft template - not legal advice. Have qualified counsel review before publishing.

These Terms and Conditions ("Terms") govern your access to and use of [Site or app name], available at [https://example.com] (the "Service"). The Service is operated by [Business name], a limited liability company established in [Country] ("we", "us", "our"). The Service is a website.

These Terms take effect on [Effective date]. By accessing or using the Service, you agree to be bound by them. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. If you are below that age, you may not create an account or use the Service, and any account we find to belong to you may be closed. Where local law allows use below that age with the consent of a parent or guardian, that consent must be given before you use the Service, and the parent or guardian accepts these Terms on your behalf.

By using the Service you confirm that you have the legal capacity to enter into a binding contract and that you are not barred from doing so under any applicable law.

2. Your account

You need an account to use parts of the Service. The information you give us when you register must be accurate and kept up to date.

You are responsible for keeping your password confidential and for everything that happens under your account. Tell us straight away, at the contact address below, if you believe someone else has gained access to it.

We may suspend or close an account that breaches these Terms, that is used unlawfully, or that has been dormant long enough for us to reasonably treat it as abandoned. Where we can do so without prejudicing an investigation or breaking the law, we will tell you why.

3. Acceptable use

You may use the Service only for lawful purposes and in line with these Terms. In particular, you agree not to:

(a) break any law that applies to you or to us, or use the Service to help someone else break one;

(b) infringe the intellectual property, privacy, or other rights of anyone else;

(c) upload or transmit malware, or anything designed to interfere with the Service or the devices of the people using it;

(d) probe, scan, or attempt to breach the security of the Service, or access any account, system, or data you are not authorised to access;

(e) scrape, harvest, or systematically copy the Service or its content, or use automated means to place unreasonable load on it;

(f) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent the law expressly permits it;

(g) impersonate anyone, misrepresent your affiliation with a person or organisation, or use the Service to harass, threaten, or defraud.

We may investigate a suspected breach of this section and take the steps we reasonably consider appropriate, including removing content, limiting access, suspending an account, and reporting the matter to law enforcement.

4. Intellectual property

The Service, and everything in it other than content supplied by users, belongs to [Business name] or to our licensors. That includes the software, design, text, graphics, and the names and logos used on the Service.

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose while you comply with these Terms. Nothing else is granted, by implication or otherwise, and you may not use our name or logo without our written permission.

5. Third-party links and services

The Service links to, and relies on, sites and services we do not control, such as payment processors, hosting providers, analytics, and pages other people publish. A link is not an endorsement.

When you leave the Service or use an integrated third-party service, that third party's own terms and privacy policy govern what happens there. We are not responsible for their content, their availability, or how they handle your data, and you should read their terms before you rely on them.

6. Privacy and personal data

We process personal data as described in our Privacy Policy, which is available at [https://example.com/privacy-policy] and forms part of your agreement with us. Read it before you use the Service; it explains what we collect, why, how long we keep it, and who we share it with.

If you are in the European Economic Area or the United Kingdom, the General Data Protection Regulation gives you rights over your personal data, including the right to access it, correct it, have it erased, and object to some uses of it. The Privacy Policy explains how to exercise those rights and how to complain to a supervisory authority. These Terms do not limit any of them.

7. Availability and changes to the Service

We work to keep the Service available, but we do not promise it will be uninterrupted or error free. We may need to suspend it for maintenance, for security, or because something outside our control has broken.

We may add, change, or withdraw features. Where we withdraw a feature you are paying for, and the change materially reduces what you receive, you may cancel and we will refund the unused part of what you have already paid.

8. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements or that any content on it is accurate or complete.

Nothing in this section excludes or limits a warranty or guarantee that the law does not allow us to exclude. If you are a consumer, you keep every statutory right you have under the law of your country of residence, and where this section conflicts with those rights, those rights prevail.

9. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill, or data, arising out of your use of the Service, even if we were told such loss was possible.

Where we are liable, our total liability to you for all claims connected with the Service is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred units of the currency you paid in.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not permit us to limit. Consumers keep their mandatory statutory rights in full.

10. Indemnity

You agree to indemnify [Business name] against any claim, loss, or reasonable cost that arises from your breach of these Terms, your misuse of the Service, or your infringement of the rights of another person. This does not apply where the loss is caused by our own breach or negligence, and it does not apply to you as a consumer to any extent the law prohibits.

11. Suspension and termination

You can stop using the Service at any time, and close your account if you have one.

We may suspend or end your access if you breach these Terms, if we are required to by law, or if continuing to serve you would expose us or other users to a real risk. Where we can, we will give you notice and a chance to put things right first.

Sections that by their nature should survive termination do so, including intellectual property, disclaimers, limitation of liability, indemnity, and governing law. Any amount you already owe us remains payable.

12. Changes to these Terms

We may update these Terms as the Service and the law change. When we do, we revise the effective date at the top and, for a change that materially affects your rights, we give you reasonable advance notice through the Service or by email.

If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not accept them, stop using the Service and, if you are a subscriber, cancel before the change applies.

13. Governing law and disputes

These Terms, and any dispute arising out of them or out of your use of the Service, are governed by the laws of [State or region], [Country], without regard to its conflict of law rules.

The courts of [City, State/Country] have jurisdiction over any dispute arising out of these Terms or your use of the Service.

If you are a consumer, this does not deprive you of the protection of the mandatory law of your country of residence, and you may bring proceedings in the courts of that country where the law gives you that right.

Before starting formal proceedings, please write to us so we can try to resolve the matter directly. Most disputes are settled that way.

14. General

These Terms, together with the Privacy Policy and anything else we say forms part of them, are the whole agreement between you and us about the Service.

If a court finds any part of these Terms unenforceable, that part is removed or narrowed to the minimum extent needed and the rest stays in force. If we do not enforce a right straight away, we do not lose it.

You may not transfer your rights under these Terms without our written consent. We may transfer ours to a company that takes over our business, provided your rights are not reduced.

15. Contact us

Questions about these Terms, or a notice you need to send us, go to [Business name] at [[email protected]].