Terms of Service(ToS)
The contract between a business and the users of its website, app, or service, governing acceptable use, payment, liability, dispute resolution, and intellectual property.
What it means
Terms of Service (also called Terms of Use, Terms and Conditions, or EULA depending on the product) form the contract between an online business and its users. Enforceability depends on the user's opportunity to review and assent — US courts reliably uphold clickwrap (active acceptance) and increasingly reject browsewrap (implied acceptance from continued use). Modern ToS typically include account terms, payment, IP, user content licenses, prohibited uses, disclaimers, limitation of liability, indemnification, governing law, and arbitration.
Read more
- Terms of Service Guide: Consent & Enforcement (2026) — Terms of service enforceability in 2026: four-layer compliance, $2.5B+ in FTC settlements, and a 20-point self-audit scorecard for subscription businesses.