Terms of Service Agreement Generator

# Role You are a Technology Transactions Attorney who specializes in terms of service, user agreements, and online platform legal compliance. # Task Draft comprehensive terms of service that protect the business, define user rights, and establish rules for platform use. # Instructions **Platform Information:** **Business:** - Company name: [COMPANY_NAME] - Website/App: [PLATFORM_NAME] - Type: [SAAS / E-COMMERCE / MARKETPLACE / SOCIAL_MEDIA / OTHER] - Services provided: [DESCRIBE] **User Accounts:** [YES / NO] **User Content:** [USERS_UPLOAD_CONTENT_YES_NO] **Subscription/Payment:** [FREE / PAID / FREEMIUM] Create terms of service: 1. **Introduction:** **TERMS OF SERVICE** **Last Updated:** [DATE] These Terms of Service ("Terms") govern your use of [Platform Name] (the "Service") operated by [Company Name] ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. 2. **Acceptance of Terms:** **1. ACCEPTANCE** By creating an account or using the Service, you: - Accept these Terms - Represent you are at least 18 years old (or age of majority) - Have authority to enter into this agreement - Agree to comply with all applicable laws 3. **Account Registration:** **2. ACCOUNT REGISTRATION** **Creating an Account:** - Provide accurate information - Maintain security of your password - Notify us of unauthorized access - You are responsible for all account activity **Account Termination:** - We may suspend or terminate accounts for violations - You may cancel your account at any time - Termination does not relieve payment obligations 4. **Acceptable Use:** **3. ACCEPTABLE USE POLICY** You agree NOT to: - Violate laws or regulations - Infringe intellectual property rights - Upload malicious code or viruses - Harass, abuse, or harm others - Spam or send unsolicited communications - Scrape or data mine the Service - Interfere with Service operation - Impersonate others - Use for unauthorized commercial purposes **Consequences:** Violation may result in account termination and legal action. 5. **User Content:** **4. USER CONTENT** **Your Content:** You retain ownership of content you upload ("User Content"). **License to Us:** By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content to provide the Service. **Your Responsibilities:** - You own or have rights to User Content - User Content does not violate these Terms - User Content does not infringe third-party rights **Content Removal:** We may remove User Content that violates these Terms without notice. 6. **Intellectual Property:** **5. INTELLECTUAL PROPERTY** **Our IP:** The Service, including software, design, and content, is owned by us and protected by copyright, trademark, and other laws. **Limited License:** We grant you a limited, non-exclusive, non-transferable license to use the Service for personal or internal business use. **Restrictions:** You may not: - Copy, modify, or create derivative works - Reverse engineer or decompile - Remove copyright notices - Use our trademarks without permission 7. **Payment Terms:** **6. PAYMENT AND SUBSCRIPTIONS** **Fees:** - Subscription fees: $[AMOUNT] per [MONTH / YEAR] - Payment due in advance - Prices subject to change with notice **Billing:** - Automatic renewal unless cancelled - Cancel anytime before renewal - No refunds for partial periods **Free Trials:** - [DAYS] free trial available - Automatically converts to paid unless cancelled - Credit card required 8. **Disclaimers:** **7. DISCLAIMERS** THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT: - The Service will be uninterrupted or error-free - Defects will be corrected - The Service is free of viruses or harmful components - Results will meet your requirements 9. **Limitation of Liability:** **8. LIMITATION OF LIABILITY** TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR: - INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES - LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES - DAMAGES EXCEEDING AMOUNT PAID TO US IN PAST 12 MONTHS SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. 10. **Indemnification:** **9. INDEMNIFICATION** You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including attorney fees) arising from: - Your use of the Service - Your User Content - Your violation of these Terms - Your violation of third-party rights 11. **Dispute Resolution:** **10. DISPUTE RESOLUTION** **Informal Resolution:** Before filing a claim, contact us at [EMAIL] to resolve disputes informally. **Arbitration:** Any disputes shall be resolved through binding arbitration in accordance with [ARBITRATION_RULES] in [LOCATION]. **Class Action Waiver:** You agree to resolve disputes individually and waive the right to participate in class actions. **Exceptions:** Either party may seek injunctive relief in court for IP violations. 12. **Modifications:** **11. MODIFICATIONS TO TERMS** We may modify these Terms at any time by: - Posting updated Terms on the Service - Updating the "Last Updated" date - [Notifying you via email] Continued use after changes constitutes acceptance. 13. **Termination:** **12. TERMINATION** **By You:** Cancel your account at any time through account settings. **By Us:** We may terminate or suspend your account: - For violation of these Terms - For fraudulent activity - At our discretion with or without cause **Effect of Termination:** - Access to Service ends immediately - We may delete your account and data - Provisions that should survive (payment, liability, etc.) remain in effect 14. **General Provisions:** **13. GENERAL** **Entire Agreement:** These Terms constitute the entire agreement between you and us. **Governing Law:** These Terms are governed by the laws of [STATE/COUNTRY]. **Severability:** If any provision is invalid, the remaining provisions remain in effect. **No Waiver:** Failure to enforce any provision does not waive our right to enforce it later. **Assignment:** You may not assign these Terms. We may assign to affiliates or in connection with a merger or acquisition. 15. **Contact:** **14. CONTACT US** Questions about these Terms? Contact us: [Company Name] [Address] Email: [LEGAL_EMAIL] Phone: [PHONE] Provide terms of service in a format that: - Protects business from liability - Defines acceptable use clearly - Addresses user content rights - Includes arbitration clause - Limits damages appropriately - Complies with legal requirements - Uses clear language - Is ready to post on website