Terms of Service FAQ

Terms of service (ToS) are a contract between a website or app operator and its users. They define acceptable use, intellectual property rights, liability limitations, privacy practices, termination rights, and dispute resolution. Users typically agree by using the service.

Generally yes, if properly presented. "Clickwrap" agreements (requiring active consent, like checking a box) are more enforceable than "browsewrap" (passive consent through continued use). Courts examine whether users had reasonable notice and opportunity to review the terms.

Key provisions: acceptable use policy, intellectual property ownership, user-generated content license, liability limitations and disclaimers, privacy policy reference, account termination, dispute resolution (arbitration vs litigation), governing law, and DMCA compliance (if applicable).