Are website terms of service legally enforceable in the US?

Yes, provided users had reasonable notice and an opportunity to review them before agreeing ('clickwrap' agreements are strongest). Courts have routinely upheld clickwrap T&S agreements. Browsewrap agreements (where terms are linked but not explicitly accepted) are harder to enforce.

What should a US terms of service document include?

A US Terms of Service should include: acceptable use policy, intellectual property ownership, limitation of liability, disclaimer of warranties, dispute resolution (arbitration clause, governing state), and DMCA take-down procedure (for platforms hosting user content).

Can I limit my liability with terms of service in the US?

Yes, limitation of liability clauses are generally enforceable in the US, but courts may disallow them in cases of gross negligence or intentional misconduct. Many states also prohibit limitation clauses in consumer contracts where the limitation is unconscionable.

Free US Terms of Service Generator

Terms of Service (also called Terms and Conditions or Terms of Use) are a legally binding agreement between you and your users. They set the rules for using your website, app, or platform and help protect your business from liability.

When do you need Terms of Service?

You operate a website, web application, or mobile app
Users create accounts or submit personal information
You sell products or services online
Users can post content, comments, or reviews on your platform
You offer a SaaS product or subscription service

Key sections to consider:

Acceptable use policy — defines what users can and cannot do on your platform, protecting you from misuse
Intellectual property — clarifies who owns the content, trademarks, and code on your site
Limitation of liability — caps your financial exposure if something goes wrong
Dispute resolution — specifies how disputes are handled (arbitration vs. litigation) and in which jurisdiction
DMCA takedown — required if your platform hosts user-generated content to comply with the Digital Millennium Copyright Act

Best practices:

Make your terms accessible — link them in the footer and during sign-up
Use clear, plain language where possible
Update your terms when you add new features or change how you handle data
Pair your Terms of Service with a Privacy Policy for full legal coverage

Tip: While this generator creates a solid foundation, businesses handling sensitive data, financial transactions, or operating in regulated industries should have an attorney review the final document.

What This Terms of Service Generator Creates

This tool generates Terms of Service (ToS) — also called Terms and Conditions or Terms of Use — for US-based websites, apps, SaaS products, and ecommerce stores. A Terms of Service agreement establishes the legal relationship between your business and your users, defines acceptable use, limits your liability, and protects your intellectual property.

Your generated Terms of Service will include: acceptance of terms (clickwrap or browsewrap), description of services, user account obligations, payment and refund terms, intellectual property ownership and license grants, prohibited conduct, DMCA copyright infringement notice procedure, disclaimer of warranties, limitation of liability, indemnification clause, arbitration and dispute resolution clause, class action waiver, and governing state law.

Why arbitration clauses matter: US courts have consistently upheld mandatory arbitration clauses in properly presented Terms of Service. Including one limits your exposure to class action lawsuits — one of the most significant legal risks for digital businesses. The FTC has increased scrutiny of ToS that are deceptive or that waive consumer rights beyond what's legally permissible; this generator produces balanced, FTC-aware terms.

Every US website and app should have published Terms of Service. Generated entirely in your browser — nothing is transmitted or stored on our servers.