Terms and conditions — aka terms of use or terms of service — are integral to the protection and success of your website.
They outline how you and your users are permitted to act, address your dispute resolutions and governing laws, reiterate your intellectual property rights, and limit your liabilities.
But writing a terms and conditions agreement for your business can get complicated.
This guide will show you how to write a terms and conditions agreement for your website or app in six easy steps:
You can skip the hassle and create a free terms and conditions agreement using our generator instead.
The purpose of writing a terms and conditions policy is to create a legal relationship between you and your customers where you provide services to them. In turn, they must follow the rules established in your agreement.
It also allows you to:
You can also link to other relevant legal and website policies you want your users to be able to access, read, and agree to, like your:
You can legally write your own terms and conditions agreement.
While some companies rely on lawyers to write their terms for them — like platforms that target minors under 18 or deal with sensitive information — this is not always necessary, and you don’t need one to create a legally-enforceable agreement.
More affordable ways to make a practical terms and conditions for your website or app exist.
Let’s discuss these options further.
There are several ways you can make a terms and conditions agreement for your platform, such as:
Let’s figure out which option is best for your business.
You can use an automated solution, like our Terms and Conditions generator, to make this agreement for your platform.
Just answer a few questions about your business, and our generator automatically creates an agreement for your business, removing all of the time, effort, guesswork, and confusion associated with writing this policy on your own.
We recommend this method for any business that owns a website or app, but especially for:
See an example question from our generator in the screenshot below.
Alternatively, you might consider using a free downloadable terms and conditions template.
These customizable documents take more time and effort than generators, but they’re usually free and give you more control over the creation process.
This is a great option for:
Our free template features the most common clauses, is written in an easy-to-read way, and you can easily embed it into almost every website or app. See what it looks like in the screenshot below.
Using a template as your terms and conditions outline can help jump-start the writing process for you, as some initial formatting and content are completed for you, leaving you to fill in some blank sections with details about your business.
You can also write your terms and conditions agreement yourself.
However, depending on your level of legal knowledge and the amount of time you have to work on the agreement, writing it yourself can be time-consuming and complicated.
But we’re here to help simplify things for you. If you’re interested in writing your own terms and conditions, keep reading for some tips, tricks, and guidelines.
First, let’s walk through all the steps you should plan to take when writing your own terms and conditions agreement:
Let’s go over each step in more detail.
Specific laws apply to business transactions and mandate that you put written disclosures somewhere on your platform, and your terms and conditions are a great place to host those statements.
For example, if your company sells drugs, food, medical devices, or cosmetics in the US, you must comply with the Federal Food, Drug, and Cosmetic Act. Businesses that target minors or children must follow the Children’s Online Privacy Protection Act (COPPA).
Or, if you have users in the UK, Iceland, the European Union (EU), Liechtenstein, or Norway, you may need to follow the requirements outlined by the General Data Protection Regulation (GDPR), which protects consumers’ personal information.
Determine which laws apply to your business and plan to write the appropriate clauses in your terms and conditions.
After you know what laws apply to your company, you should make an outline for your terms and conditions agreement. Think of this step as laying the foundation for your agreement.
This helps with your efficiency and ensures the agreement is structured logically. We’ll cover more specifics of outlining your terms in the next section.
After you finish your outline, look at our list of the most common T&C clauses below and choose the ones relevant to your terms and conditions agreement.
The details you include depend on your industry and how your users interact with you, your services, and each other.
Once you know the structure of your terms and what needs to go into them, you can finally start writing.
Be mindful of using simple, straightforward language without unnecessary jargon or legalese. Otherwise, your terms may not hold up in court.
While writing, include live links to any other relevant legal or web policies you reference in the various clauses in your agreement.
Doing this ensures your users can access other agreements easily and helps them find answers to their questions more independently.
When you’ve finished writing your agreement, plan on posting it in multiple spots throughout your platform, we’ll go over all the best places later on.
If a dispute ever occurs, doing this helps you prove your users had easy access to your policy and could read and agree to it before using your services.
Next, let’s discuss how to create an outline and prepare your terms and conditions document.
You should make an outline before you start writing your terms and conditions because it helps with your agreement’s overall construction and organization.
Here are our tips for making one for your terms:
Once your outline is complete, you can start writing your terms and conditions.
Let’s go over which clauses to write in your terms and conditions when you’ve finished your outline.
The clauses you include in your terms and conditions agreement depend on what industry you’re in, how your users interact with your platform, and any laws or regulations that apply to your business.
To help you out, in the next section, we’ve created a massive list of all of the most common clauses and provided instructions for how you can write each one, with real-life examples.
First, write a brief introduction clause in your terms and conditions.
Explain what the terms are and to who they apply, and define the phrases you’ll use throughout the agreement.
You should also inform people that anyone using your platform must follow the terms and continuing to use your service acknowledges their consent.
Below is an example of how Spotify writes this clause in their terms and conditions.
You should also include an effective date near the top of your agreement so users know how recently it’s been updated.
Keep it nice and simple. Whenever you amend your agreement, update the date.
See how Amazon writes the last updated date in their terms and conditions policy below.
You also need to write a clause explaining your right to change the provisions in your terms and conditions and outline how you’ll update your users about those changes.
When writing this clause, include the following details:
Check out how gaming company Electronic Arts (EA) wrote this clause in their terms and conditions.
One of the primary purposes of your terms and conditions is to establish the rules you expect your users to follow, so write a clause explaining user guidelines and acceptable uses.
See how Apple writes this clause in their terms and conditions agreement for iTunes.
Consider having a separate acceptable use policy or AUP if you need a more comprehensive set of rules for your users.
You should also write a clause in your terms and conditions that explains the prohibited uses and unacceptable behaviors you won’t tolerate on your platform.
This clause reduces your liabilities and outlines your right to remove, delete, or terminate comments, posts, or even users who violate your terms.
Most companies ban users for:
See a sample of how EA writes this clause in their terms and conditions below.
If your website or application allows users to create content, write a contribution clause that tells people what rights they have over the content they create through your website or app.
Usually, companies stipulate that they have the right to repost comments or reviews, but they don’t typically take ownership of an individual’s creative materials.
This clause can also be called a licensing clause.
Below, see how comics and novels app Tapas writes their contribution clause in their terms and conditions policy.
If third parties post content on your website or app in any form, you should include a Digital Millennium Copyright Act (DMCA) notice and information about the company’s registration with the DMCA.
The DMCA allows you to minimize liability if end-users or third parties accidentally post offensive or copyright-infringing material on your website or app.
See a good example from our own terms and conditions agreement.
We’ve included detailed information about how users can notify our designated copyright agent, which you should consider doing.
An intellectual property disclosure informs users of your intellectual property rights, such as copyrighted and trademarked content, logos, and other protected marks and ideas.
This section doesn’t have to be that long.
Just state that you own the materials, and by agreeing to your terms, users agree not to modify, sell, share, rent, loan, or distribute your content in any manner.
Check out how Apple writes this clause in their iTunes terms and conditions agreement.
You’ll also need to write a dispute resolution clause specifying whether you will be resolving disputes between you and your users through litigation, arbitration, or information negotiations followed by arbitration.
Consider adding a class action waiver to prevent users from getting involved in lawsuits against you.
See what EA’s class action waiver looks like in their terms and conditions.
You should also write a governing laws clause to inform users which state or federal laws — or both — govern your terms and conditions agreement.
In many cases, companies select the law of the state or country in which they’re located or the country where users access the company’s website or application.
Below, see what Spotify’s governing law section looks like in their terms and conditions.
If your site or app sells products or charges membership or subscription fees, you must write out all payment terms clearly.
Use language that limits your liabilities in this clause, including phrasing like “as provided” for items and “as available” for services. This distinction will minimize the chances of a dispute.
To further limit liability, you should also explain what will happen in the event of a pricing discrepancy — such as one caused by a malfunction.
Below, see a good example of how Amazon writes this clause in their terms and conditions.
If you sell products of any kind, write a clause in your terms and conditions outlining your return and refund processes.
State if you accept returns, offer refunds, or allow for exchanges. You can keep this section simple and link to your return or refund policy.
See how clothing brand American Eagle Outfitters writes this clause in their terms and conditions.
For businesses that send goods through the mail to consumers, add a shipping policy clause to your terms and conditions agreement.
You can include a live link to your shipping policy or provide additional information about your processes and practices.
See how clothing brand ASOS writes their shipping information clause in their terms and conditions agreement below.
It’s a good idea to write a privacy clause in your terms and conditions agreement and include a link to your privacy policy.
This sets users’ expectations and allows them to access and read about your privacy practices easily.
Below, see how simply EA links to their privacy policy in their terms and conditions agreement.
Keep in mind that privacy policies are required by different data privacy regulations around the world and must adhere to additional strict legal guidelines.
If you provide a software-based service, write a clause in your terms and conditions that outlines your end-user license agreement or EULA.
A EULA is a legally binding document defining consumers’ rights while using your software product.
Since this is a separate document from your terms, just put a live link to your official EULA policy in the clause.
For example, see how Apple does it in the screenshot below of the iTunes terms and conditions.
For businesses that provide software as a service or SaaS products, another important section to write in your terms is a SaaS agreement clause.
A SaaS agreement outlines the rules, terms, and conditions you expect users to follow when accessing your service.
Below, see an example of how the SaaS entity Dropbox writes a clause featuring their software agreement within their terms and conditions.
If your service relies on using specific technology to function, consider including those details in a clause in your terms and conditions agreement.
For example, this clause is ideal if your users need a specific version of an operating system installed on their mobile devices to use your app.
See how EA writes this clause below.
Nobody’s perfect, so write a corrections clause in your terms and conditions to help limit some of your liabilities if the content on your website or app is incorrect, inaccurate, or misleading.
Below, see how simply we phrase this clause in our own terms and conditions agreement — try to do the same when you go to write your own.
If you post any affiliate links to your site or app, include a clause in your terms and conditions agreement disclosing those material relationships.
Otherwise, you could get in trouble with. the Federal Trade Commission (FTC) in the US or the Consumer Protection Association (CPA) in the UK.
See an example of how to write this clause from food blogger French Pressed Kitchen.
If you work with an influencer, blogger, or third party and provide an affiliate link, ensure they disclose all details about the financial relationship on their website like in the example above.
Otherwise, your business may be held accountable for their lack of legal disclosure.
Write a site management or support clause to inform users how you operate the website or application. This gives people a better understanding of how your platform works.
Many companies choose to use lengthy site management sections that detail:
See an example of how to write this clause from American Eagle’s terms and conditions, pictured below.
Write a termination clause in your terms and conditions agreement so users know how to delete their own accounts and establish your right to delete or terminate accounts that break your terms.
Clearly outline the kind of behavior users can be terminated for engaging in, and also explain the process for users who want to remove their own accounts.
Below, see what Instagram’s termination clause looks like.
Write a third parties clause in your terms and conditions to inform users that your company is not responsible for the content found on third-party websites you might link to.
This helps limit your liabilities, as you can’t control what might appear on someone else’s website.
In many cases, these provisions also notify users that they’re solely responsible for reading the policies of those third parties.
Below, see what EA’s third-party clause looks like.
Plan to write a user registration clause for your terms and conditions if your company allows users to create or register for individual profiles.
To limit your liabilities, remind users that:
Below, see a great example of this clause from Spotify.
You should write a limitation of liability or no responsibility clause in your terms and conditions agreement, a standard clause that can be found in most of these policies.
Many companies that distribute or manufacture products use this clause to limit what they can be held liable for by customers, including things like:
Below, see how Amazon writes this clause in their terms and conditions.
Depending on what laws apply to your business, you may need to include additional warranties and disclaimers in your terms and conditions agreement.
Use language like “as is” or “as available” to make your points, which helps protect your business better.
Below, see an example of this clause as it appears in Tapas’ terms and conditions.
Finally, you should address how users can reach you with questions regarding your terms and conditions and provide them with a way to contact you.
Try to provide two methods users can use to reach you. Typical contact methods include:
Below, see how simply Tapas writes their contact information in their terms and conditions agreement.
Now that you know what to write for clauses in your terms and conditions agreement, let’s discuss what you should avoid doing. Here is our list of terms and conditions don’ts:
Let’s discuss these don’ts in greater detail.
For your terms and conditions to potentially hold up in court, they need to be written in an easy way most people can understand. So avoid using unnecessary legalese or confusing jargon, which is a convoluted and overly-legal way of explaining things.
To cut out legalese, sift through your agreement to identify words or phrases that you can simplify. Try reading it out loud, which helps you spot confusing language more easily.
Similar to avoiding legalese, you shouldn’t be too harsh when telling users what’s acceptable and unacceptable behavior on your platform.
When writing, be firm — but don’t be overly dramatic. Try to write in a neutral voice. Otherwise, an overly harsh tone may drive users away.
When writing your terms and conditions, ensure the rules you set follow all applicable laws.
As tempting as it may be, you can’t just put any rules you want in your terms and expect a court to uphold your policies.
Courts will check your terms if a dispute occurs to determine if each party acted within their rights. If your terms and conditions are full of unenforceable rules, they’re less likely to be upheld.
Your terms and conditions must be written in a way that’s easy to read, and they also must be formatted in a way that’s simple to follow.
Don’t use light-colored or small fonts that are too hard to read on a digital screen, and link the policy so it’s effortless to find. Otherwise, your terms may not hold up in court if an issue occurs.
Another common mistake businesses make is forgetting to update their terms and conditions after writing them.
Your terms are a living document that must reflect how your platform operates, so review it once every few months to ensure it’s still accurate and up-to-date.
Whatever you do, don’t copy another business’s terms and conditions and assume it will work perfectly for your platform.
Not only will a different person’s terms not adequately protect your website or app, but copying their terms is considered plagiarism, and copyright laws protect these agreements.
Just use a free terms and conditions template instead. It’s just as easy and actually works.
Writing a good terms and conditions agreement is often easier said than done, so here are our quick tips for writing a user-friendly agreement:
To ensure that your readers know what they agree to, write your terms and conditions in a straightforward way, and organize it so it follows a logical flow.
For example, consider adding summary snippets under more complex clauses to give users a brief, simplified overview of those sections.
Or, if you run an ecommerce shop, include your shipping and return and refund policies in your terms, as your customers most likely have questions about those processes.
Consider the layout of your terms and conditions while writing this document.
For example, you might break your terms and conditions into sections with clear headings to maximize readability.
Or you can bold or CAPITALIZE certain words, phrases, or sections for emphasis.
Rather than writing large walls of text, use bullet points for lists or put information inside tables or charts. This makes it easier for your users to understand and can help your terms hold up in court if a dispute occurs.
Write your terms and conditions agreement using a voice and style that matches the rest of your site.
This promotes brand awareness and helps users recognize who the terms and conditions agreement belongs to.
Try using sentence lengths, writing styles, tones, and tempos that appear on other parts of your site.
If you want to write a good terms and conditions agreement, be honest with your information and avoid using phrases that may have double meanings.
Try to balance including as much detail as necessary for your users without going overboard.
Otherwise, people may struggle to grasp what they agree to.
Finally, you must ensure your terms and conditions are linked to multiple parts of your platform and are always accessible for users to find.
Some ideal places to put your terms include:
We’ll cover this in much more detail in the next section.
For your terms and conditions to be potentially legally binding, you must display it in multiple easy-to-spot locations throughout your platform and get consent from your users.
Consider posting them in the following locations:
To get consent from your users, employ the following methods:
Let’s discuss all these places to post your terms and ways to get user consent in greater detail.
It’s a business best practice to keep a permanent link to your terms and conditions in the footer of your website or app so users can always easily navigate to it.
Format the link so it stands out, and use something simple — like “Terms and Conditions” or “Terms” — for the phrasing of the link.
Below, see an example of American Eagle’s terms and conditions posted in the footer of their website.
Payment screens are another great place to post a link to your terms and conditions, as it sets proper customer expectations. This allows users to read the document before placing an order with you.
Doing so also makes your terms more legitimate in the eyes of the court, should a dispute ever occur between you and a customer.
We’re using American Eagle as the example below again, as they also post a link to their terms and conditions on their payment screens.
If your platform allows users to create account or profile pages, add a link to your terms and conditions to the form so they can read through it before completing the sign-up process.
Like with payment screens, this allows people to know what’s expected of them and what they can expect from you before they commit to using your services. It also gives your terms a better chance of being considered by a court of law if a dispute occurs.
Below, we’re once again using American Eagle as the example because they link their terms and conditions on their account creation page.
Along with your terms and conditions agreement, there are several other legal policies you want your users to always have access to, so consider hosting all of them in a privacy center on your website.
You can post other documents like your:
Below, see an example of what Meta’s privacy center looks like in which they include a link to their terms and additional policies.
You should also put a link to your terms and conditions within other legal policies and vice-versa, ensuring users can always find the answers they’re looking for.
For example, you might make a privacy clause and put a link to your privacy policy in your terms and conditions. Similarly, reference your terms in your privacy policy and include a live link to the document.
Below, see how Dropbox puts a link to their privacy policy and acceptable use policy within the intro they wrote in their terms and conditions.
There are two common ways to obtain user consent to website policies, like your terms and conditions. We recommend you implement both because just putting a link in your site footer isn’t enough to enforce your terms in court.
To maximize your chances of succeeding in court, users must agree to the policy.
To obtain active opt-in consent to your terms, use the clickwrap method.
This is when you ask users to select a checkbox to denote that they’ve read and agree to your terms. The box shouldn’t be pre-checked, and it should be easy for users to find and read.
This is most commonly seen in pop-up consent banners, payment screens, and account creation pages.
Writing a terms and conditions agreement is challenging, but with this guide, you can successfully make a policy for your platform that adequately protects your business.
Remember to use easy-to-read language and formatting techniques and only write rules that are enforceable within applicable laws or regulations.
Plan to update and refresh your terms every few months so your rules always reflect the most current needs of your platform.
Masha is an Information Security and Data Privacy Specialist and a Certified Data Protection Officer. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. She has also been a privacy compliance mentor to many international business accelerators. She specializes in implementing, monitoring, and auditing business compliance with privacy regulations (HIPAA, PIPEDA, ePrivacy Directive, GDPR, CCPA, POPIA, LGPD). Masha studied Law at Belgrade University, and she passed the Bar examination in 2016. More about the author
