[{"data":1,"prerenderedAt":518},["ShallowReactive",2],{"document-terms-of-service-agreement-D920":3},{"document":4,"label":22,"preview":11,"thumb":23,"thumb600":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":35,"customDescModule":173,"customdescription":6,"mdFm":174,"mdProseHtml":517},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":21},"TERMS OF SERVICE AGREEMENT The following Terms of Service (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Service Provider\"), a corporation organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Company\"), a corporation organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, the Service Provider is in the business of development, supply and operation of products and services relating to [DESCRIBE]; and WHEREAS, this Agreement contains the Service Provider's terms of engagement; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows: SERVICES PROVIDED Service Provider is prepared to provide the following professional services to Company: [DESCRIBE]. CALCULATION OF FEES AND OTHER CHARGES Fees for professional services are calculated on the time spent by Service Provider associates and staff attending to said services, multiplied by the relevant hourly rate. Time is costed by reference to [SIX] minute units. The hourly rate is applied to all work done on Company's behalf, including making telephone calls, writing letters, researching the laws, negotiating with partners, and preparing documents. The average hourly rate for Service Provider's professional service is $[AMOUNT]. Before any bill is sent to Company, the Service Provider's Project Manager responsible for the matter will review it to ensure that fees and other charges are appropriate. 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This Data Privacy Policy outlines the principles and practices that govern the collection, use, and disclosure of personal data by the Company. SCOPE This Policy applies to all employees, contractors, vendors, and third parties who collect, use, or process personal data on behalf of the Company. It also applies to all personal data collected from customers, clients, partners, and other individuals. PERSONAL INFORMATION COLLECTION We may collect personal information, such as name, address, email, phone number, and job title, from customers, employees, and stakeholders. We collect personal information through various channels, such as our website, email, phone, and in-person interactions. We may also collect personal information from third-party sources, such as service providers and business partners. USE OF PERSONAL INFORMATION The Company will only use personal data for the purposes for which it was collected or as otherwise permitted by applicable laws and regulations. Personal data may be used for, but not limited to, the following purposes: Providing products or services requested by individuals; Communicating with individuals about products, services, or other business-related matters; Conducting market research, analytics, and improving business operations; Managing and administering employee or contractor relationships; Complying with legal or regulatory requirements; Protecting the rights and interests of the Company or its customers. DISCLOSURE The Company may share personal data with third parties for legitimate business purposes, including but not limited to, service providers, vendors, contractors, and business partners. Personal data may also be disclosed to comply with legal or regulatory requirements, or in response to lawful requests from public authorities. The Company will take appropriate measures to ensure that third parties receiving personal data are bound by confidentiality obligations and provide adequate protection to the personal data. DATA RETENTION","Data Privacy Policy","3","https://templates.business-in-a-box.com/imgs/1000px/data-privacy-policy-D13465.png","https://templates.business-in-a-box.com/imgs/250px/13465.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13465.xml",{"title":92,"description":6},"data privacy policy",[94,97],{"label":95,"url":96},"Human Resources","human-resources",{"label":98,"url":99},"Company Policies","company-policies","/template/data-privacy-policy-D13465",{"description":102,"descriptionCustom":6,"label":103,"pages":87,"size":9,"extension":10,"preview":104,"thumb":105,"svgFrame":106,"seoMetadata":107,"parents":109,"keywords":108,"url":115},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":108,"description":6},"non disclosure agreement nda",[110,112],{"label":18,"url":111},"business-legal-agreements",{"label":113,"url":114},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":117,"descriptionCustom":6,"label":118,"pages":119,"size":9,"extension":10,"preview":120,"thumb":121,"svgFrame":122,"seoMetadata":123,"parents":125,"keywords":124,"url":130},"COOKIE POLICY We at [WEBSITE NAME] use cookies to ensure you get the best experience when you are using our services. This Cookie Policy provides you with clear and comprehensive information about the cookies we use and the purpose for using those cookies on this Platform. Please read the following carefully to understand our policies and practices regarding the use of cookies on our Platform. By using or accessing our Platform, you agree to this Cookie Policy. This policy may change from time to time and your continued use of the Platform is deemed to be acceptance of such changes, so please check the policy periodically for updates. YOUR CONSENT You consent to placement of cookies on your browser by us and our third-party service providers. Please read this Cookie Policy carefully for details about why we use cookies and the information they collect from and about you. WITHDRAW YOUR CONSENT ANY TIME If you do not wish to accept cookies in connection with your use of the Platform, you will need to delete and block or disable cookies via your browser settings; see below for more information on how to do this. Please note that disabling cookies will affect the functionality of the Platform and may prevent you from being able to access certain features on the Platform. WHAT ARE COOKIES? A cookie is a small file of letters and numbers that may be stored on your browser or the hard drive of your computer when you visit our Platform. Cookies contain information about your visits to that Platform. A cookie is a small piece of data that a Platform asks your browser to store on your computer or mobile device. The cookie allows the Platform to \"remember\" your actions or preferences over time. Most browsers support cookies, but users can set their browsers to decline them and can delete them whenever they like. WHY DO WE USE COOKIES? . Cookies are commonly used by Platforms to serve many different functions. We use cookies on our Platform to allow us to tailor our Platform to your needs and deliver a better and more personalized service. Cookies help us improve the performance of our Platform by enabling us to: Help you navigate between pages on the Platform efficiently Protect your security Remember information about your preferences and recognize you when you return to our Platform Allow us to customize our Platform according to your individual interests Measure how people are using our services in order to improve our services and browsing experience Personalize advertising and make the content more relevant for you Speed up your searches Make our Platform easier to use Generally give you a better online experience Cookies are not unsafe or in themselves a threat to your online privacy, as we do not store sensitive information. The cookies used on our Platform never collect anything that personally identifies you, such as your name or address, and we never sell your details to any third parties. HOW ARE COOKIES USED? The web server providing the webpage can store a cookie on the user's computer or mobile device. An external web server that manages files included or referenced in the webpage is also able to store cookies. All these cookies are called http header cookies. Another way of storing cookies is through JavaScript code contained or referenced in that page. Each time the user requests a new page, the web server can receive the values of the cookies it previously set and return the page with content relating to these values. Similarly, JavaScript code is able to read a cookie belonging to its domain and perform an action accordingly. We use \"analytics\" cookies, which, in conjunction with our web server's log files, allow us to calculate the aggregate number of people visiting our Platform and which parts of our Platform are most popular. This helps us gather feedback so that we can improve our Platform and better serve our users. We do not generally store any personal information that you provide to us in a cookie. We also use \"social media\" cookies to personalize your interaction with third-party social media platforms such as Twitter and Facebook, where our Platform uses such features. Such cookies recognize users of these social media sites when you view social media content on our Platform. They also allow you to quickly share content across media, through the use of simple \"sharing\" buttons. WHAT ARE DIFFERENT TYPES OF COOKIES? First-party cookies - these are our own cookies set by our Platform, controlled by us and used to provide information about the usage of our Platform. Third-party cookies - these are cookies from any other domain. We use a number of suppliers that may also set cookies on your device on our behalf when you visit our Platform to allow them to deliver the services they are providing. HOW LONG DO COOKIES STAY ON YOUR COMPUTER? Cookies that are used on a Platform may be either session cookies or persistent cookies. Session cookies are temporary cookies that remain on your device until you leave the Platform. Persistent cookies are stored on your hard drive until you delete them or they reach their expiry date. These may, for example, be used to remember your preferences when you use the Platform and recognize you on your return. WHAT COOKIES DO WE USE? Strictly Necessary cookies: Some cookies are essential for the operation of our Platform","Cookie Policy","4","https://templates.business-in-a-box.com/imgs/1000px/cookie-policy-D13174.png","https://templates.business-in-a-box.com/imgs/250px/13174.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13174.xml",{"title":124,"description":6},"cookie policy",[126,129],{"label":127,"url":128},"Sales & Marketing","sales-marketing",{"label":127,"url":128},"/template/cookie-policy-D13174",{"description":132,"descriptionCustom":6,"label":133,"pages":134,"size":135,"extension":10,"preview":136,"thumb":137,"svgFrame":138,"seoMetadata":139,"parents":140,"keywords":144,"url":145},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[141],{"label":142,"url":143},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":147,"descriptionCustom":6,"label":148,"pages":134,"size":9,"extension":10,"preview":149,"thumb":150,"svgFrame":151,"seoMetadata":152,"parents":154,"keywords":153,"url":157},"SAAS SERVICE LEVEL AGREEMENT This SaaS Service Level Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Service Provider\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE] with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the \"Service Recipient\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, the Service Provider is engaged in the business of providing certain cloud based services, as more specifically described in Scope of Services of the present Agreement; WHEREAS, the Service Recipient wishes to receive the services being provided by the Service Provider; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DEFINITIONS \"Incident\" means any set of circumstances resulting in a failure to meet a Service Level. \"Service\" or \"Services\" refers to the Service provided to the Service Recipient pursuant to the proposal/contract. \"Service Credit\" is the percentage of the monthly Service fees for the Service that is credited to the Service Recipient for a Service Level not met pursuant to this SSLA. \"Confidential Information\" shall mean and include any document the \"Disclosing Party\" marks as Confidential; any information designated as Confidential. \"Documentation\" shall mean and include all the Documents, Forms, Order Forms, Payment Schedule, Service Schedule, and such other documents made available by the parties to each other to facilitate the performance of services. \"Downtime\" is defined as any period when users are unable to access the Service Provider's sites for which they have appropriate permissions. The ability to access the Service Provider's sites is determined by automated monitoring that attempts to access the Service Provider's sites every minute supplemented by server logs. Downtime does not include the period when the Service is not available as a result of: (a) Scheduled Downtime or scheduled network, hardware, or Service maintenance or upgrades; or (b) the acts or omissions of the Service Recipient or the Service Recipient's employees, agents, contractors, or vendors, or anyone gaining access to Service Provider's network by means of the Service Recipient's passwords or equipment; or (c) Service Recipient requested changes. \"Scheduled Downtime\" is defined as: (a) Downtime within pre-established maintenance windows; Service Recipient specific updates/customization; general upgrades to firmware; or (b) Downtime during major version upgrade. Scheduled Downtime is not considered Downtime for purposes of this Agreement. \"Specification Target\" shall mean the time targets within which the Service Provider shall down the servers for the maintenance of the services or for fixing any errors. \"Response Time\" is the time that the Service Provider shall take to acknowledge the call or email of the Service Recipient, advising them of a problem. \"Resolution Time\" is the time that the Service Provider shall take to fix the problem. TERM OF THE AGREEMENT The present Agreement shall commence from the effective date mentioned hereof and shall continue to be in force for a period of ___________ years unless terminated earlier in accordance with any of provisions of the present Agreement. At the expiration of the stipulated term, the Agreement may be renewed at the option and consent of both the parties. SCOPE OF SERVICES The Service Provider shall provide such services as mentioned in \"Exhibit A\" attached to the present Agreement. REPRESENTATIONS BY THE SERVICE RECIPIENT Service Availability The Service Availability shall be on the basis of the following: [SERVICE NAME, AVAILABILITY PERIOD, MAINTENANCE TIME ETC.] Service Maintenance The Service Maintenance shall be performed on the basis of the following schedule: [SERVICE MAINTENANCE SCHEDULE] Service Level The Service Recipient shall be provided with the support as per the defined levels in the following table: Level Overview Qualifying Conditions Support Type Priority P1: (Critical) Priority P2: (High) Priority P3: (Medium) Priority P4: (Low) Response Time and Resolution Time The Response time for Critical and High Priority Levels shall be 4 hours, 8 hours for Medium Priority, and within 2 business days for Low Priority. WARRANTIES BY SERVICE PROVIDER The Service Provider warrants as follows: It shall perform its services and the roles and duties under the present Agreement diligently. It shall not directly or indirectly solicit the clients or employees of the Service Recipient. It shall observe the terms of the Agreement in good faith. It has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this Agreement. WARRANTIES BY SERVICE RECIPIENT The Service Recipient warrants as follows: It shall provide all reasonable assistance to the Service Provider to facilitate the performance of services by the Service Provider. It shall release the payment to the Service Provider on time. It shall provide accurate information that the Service Provider requires for the performance of its services. CONFIDENTIAL INFORMATION Each and any party (\"Disclosing Party\") may disclose or grant to any other party (\"Receiving Party\") access to information that the Disclosing Party considers confidential or proprietary (\"Confidential Information\"). Confidential Information, as used in this Agreement, shall mean any information or data which, (a) if in tangible form or other media that can be converted to readable form, is clearly marked as proprietary, confidential or private when disclosed, (b) if oral or visual, is identified as proprietary, confidential, or private at the time of disclosure, or (c) is of a nature or is disclosed under circumstances such that a reasonable person would consider it confidential. A Disclosing Party's Confidential Information shall not include information that (a) is or becomes part of the public domain through no act or omission of a Receiving Party, (b) was in the Receiving Party's lawful possession prior to the disclosure and had not been obtained by the Receiving Party from the Disclosing Party. (c) is disclosed to the Receiving Party by a third party not known to the Receiving Party, following reasonable inquiry, to be subject to an obligation of non-disclosure with respect to such information, or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information. The Receiving Party agrees to hold in confidence and not to disclose or reveal to any person or entity the Disclosing Party's Confidential Information, and not to use the Disclosing Party's Confidential Information for any purpose other than in connection with the parties' discussions regarding, and performance of, a transaction. Without limiting the generality of the foregoing, the Receiving Party shall not disclose Confidential Information of the Disclosing Party to any of the Receiving Party's employees or agents except those employees or agents who are required to have such Confidential Information in order to participate in the parties' discussions regarding, or performance of, a transaction, and who are under a written obligation of confidentiality or nondisclosure to the Receiving Party","SaaS Service Level Agreement","https://templates.business-in-a-box.com/imgs/1000px/saas-service-level-agreement-D12859.png","https://templates.business-in-a-box.com/imgs/250px/12859.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12859.xml",{"title":153,"description":6},"saas service level agreement",[155,156],{"label":18,"url":111},{"label":18,"url":111},"/template/saas-service-level-agreement-D12859",{"description":159,"descriptionCustom":6,"label":160,"pages":161,"size":9,"extension":10,"preview":162,"thumb":163,"svgFrame":164,"seoMetadata":165,"parents":167,"keywords":166,"url":172},"END-USER LICENSE AGREEMENT This End-User License Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME], (the \"Company\") a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE] with its head office located at: [YOUR COMPLETE ADDRESS] AND: [NAME OF THE USER], (the \"End-User\") a user having its office located at: [YOUR COMPLETE ADDRESS] WHEREAS, the Company is the owner of [SOFTWARE NAME] (the \"Software\"); WHEREAS, the End-User agrees that by using the Software, it shall be bound by the terms of this Agreement; NOW THEREFORE in consideration and as a condition of the Company and the End-User entering into this Agreement and other valuable considerations, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows: SOFTWARE LICENSE When the End-User lawfully accesses the Software, whether through purchase or other lawful means, the Company shall grant the End-User, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable personal license to use the Software (\"License\"). This License extends to the use of documentation, data, or information developed by the Company, and other materials which may assist in the use of the Software. LICENSE FEE In consideration of the terms of this Agreement, the Company grants the End-User a non-exclusive, non-transferable, revocable License to use the Software for the period of [NUMBER OF MONTHS] (subject to termination as set out in this Agreement), in accordance with the use and subject to the restrictions set out below. This Agreement provides the End-User with only a limited use License, and all intellectual property rights and title to the Software or the accompanying documentation remain with the Company and no interest therein is conveyed to the End-User under this Agreement. PERMITTED USE Subject always to the restrictions in this Agreement, as purchaser of the authorized copy of the Software, the End-User may: where the End-User is the purchasing entity, load the Software onto and use it on a single computer of the type identified on the package which is/are owned by the End-User, or under the direct control of the End-User; where the End-User is an individual as purchaser, load the Software onto and use it on a single computer of the type identified on the package which is under the End-User's control; copy the Software for backup and archival purposes and make up to two copies of the documentation (if any) accompanying the Software, provided that the original and each copy is kept in the End-User's possession and that the End-User's installation and use of the Software does not exceed that allowed by this Agreement. RESTRICTIONS The End-User shall, neither itself nor permit others, either directly or indirectly, to: Log in through the End-User's account or share the administrative account login or password; Rent, lease, sub-license or make or distribute copies of the Software or charge a royalty for the use of the Software, or use the Software to provide bureau, application service provider, marketing, training, or consulting services related to the Software to any third party, except as permitted by this Agreement; Except as permitted by law, modify the Software or any component part thereof, disassemble or decompile the Software or otherwise derive source code from the Software, reverse engineer the Software, merge the Software with or into another product or other software, or create derivative works based on the Software; or Make copies of the Software, in whole or in part, except for backup or archival purposes, as permitted in this Agreement; Use any backup copy of the Software for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective; Copy the written materials (except as provided by this Agreement) accompanying the Software; Adapt, modify, delete or translate the written materials accompanying the Software in any way for any purpose whatsoever; Transfer or assign the Software or any copy thereof or any documentation (whether provided in print or digital form) to a third party, including any third-party individual or third-party entity; Vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software. INTELLECTUAL PROPERTY The End-User agrees that the Software, Company website and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (\"Company IP\"). The End-User agrees that the Company owns all rights, title and interest in and to Company IP and that the End-User will not use the Company IP for any unlawful or infringing purpose. The End-User agrees not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. UNDERTAKINGS AND TITLE The End-User undertakes to: Ensure that, prior to use of the Software by the End-User's employees or agents, all such parties are notified of the terms of this Agreement and the License granted under it; Reproduce and include the Company's copyright notice on all and any copies of the Software, including any partial copies of the Software; Hold all drawings, specifications, data (including object and source codes, software listings and all other information relating to the Software, confidential and not at any time, during the License or after its expiry, disclose the same (whether directly or indirectly) to any third party without the Company's consent. As the Company's licensee, the End-User owns only the disk or medium on which the Software is recorded or fixed. The End-User may retain the media on any termination of this Agreement and the License granted under it, provided the Software is erased. The Company shall at all times retain ownership of the Software. REVERSE ENGINEERING AND SECURITY The End-User agrees not to undertake any of the following actions: Reverse engineer, or attempt to reverse engineer or disassemble the Software or any code within or related to the Software or the Company website; Violate the security of the Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network; Copy or otherwise distribute copies of the Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool. LIABILITY AND INDEMNIFICATION The End-User agrees that it has, under this Agreement, assumed the entire risk of selection, installation, and use of the Software. The Company's aggregate liability for direct loss or damage to the End-User shall not exceed the original amount paid by it for the Software. In no event shall the Company be liable to the End-User for (i) indirect, special, incidental or consequential damages, or (ii) any loss of revenue, profits or anticipated savings, wasted management time, or any lost or destroyed data arising in connection with this Agreement or the License granted hereunder. ","End User License Agreement","7","https://templates.business-in-a-box.com/imgs/1000px/performance-form-2018-19-copy-D13011.png","https://templates.business-in-a-box.com/imgs/250px/13011.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13011.xml",{"title":166,"description":6},"end user license agreement",[168,169],{"label":18,"url":111},{"label":170,"url":171},"License Agreements","license-agreement","/template/end-user-license-agreement-D13011",false,{"seo":175,"reviewer":185,"quick_facts":189,"at_a_glance":192,"personas":196,"variants":221,"glossary":248,"clauses":285,"how_to_fill":334,"common_mistakes":375,"faqs":400,"industries":428,"comparisons":445,"diy_vs_lawyer":461,"jurisdictions":474,"related_template_ids_curated":495,"schema":505,"classification":506},{"meta_title":176,"meta_description":177,"primary_keyword":178,"secondary_keywords":179},"Terms Of Service Agreement Template (Free Word)","Free Terms of Service Agreement template for websites, apps, and SaaS. Covers user rights, liability limits, IP, and governing law. Used in 190+ countries. Free Word and PDF download.","terms of service agreement template",[180,181,182,183,184],"terms of service template","website terms of service template","saas terms of service template","terms of service agreement free download","terms and conditions agreement word",{"name":186,"credential":187,"reviewed_date":188},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":190,"legal_review_recommended":191,"signature_required":191},"advanced",true,{"what_it_is":193,"when_you_need_it":194,"whats_inside":195},"A Terms of Service Agreement is a legally binding contract between a service provider — typically a website, app, or SaaS business — and any user who accesses or uses that service. This free Word download gives you a structured, editable starting point covering acceptable use, IP ownership, liability limitations, dispute resolution, and termination, which you can customize online and publish directly to your site or platform.\n","Use it before launching any publicly accessible website, web application, mobile app, or SaaS product — or immediately if you are already operating without one. It is also required whenever you update your service in ways that materially change user rights or obligations.\n","Acceptance of terms, account registration and eligibility, permitted and prohibited uses, intellectual property ownership, disclaimers and limitation of liability, indemnification, dispute resolution and arbitration, governing law, and termination conditions.\n",[197,201,205,209,213,217],{"title":198,"use_case":199,"icon_asset_id":200},"SaaS founders","Governing user access, data use, and subscription terms for a software product","persona-startup-founder",{"title":202,"use_case":203,"icon_asset_id":204},"E-commerce store owners","Setting purchase, returns, and acceptable-use rules for an online storefront","persona-retailer",{"title":206,"use_case":207,"icon_asset_id":208},"Mobile app developers","Establishing platform rules and liability limits before an app store launch","persona-developer",{"title":210,"use_case":211,"icon_asset_id":212},"Content creators and bloggers","Protecting original content and limiting liability for third-party links","persona-freelancer",{"title":214,"use_case":215,"icon_asset_id":216},"Marketplace operators","Defining seller and buyer obligations and resolving disputes on a two-sided platform","persona-agency",{"title":218,"use_case":219,"icon_asset_id":220},"Professional services firms","Setting terms for client-facing portals, booking tools, or online service delivery","persona-professional-services",[222,226,230,234,238,241,245],{"situation":223,"recommended_template":224,"slug":225},"Running a public-facing website or blog with no user accounts","Website Terms of Use","website-service-agreement-terms-of-use-D840",{"situation":227,"recommended_template":228,"slug":229},"Operating a SaaS product with paid subscription tiers","SaaS Terms of Service Agreement","terms-of-service-agreement-D920",{"situation":231,"recommended_template":232,"slug":233},"Running an e-commerce store selling physical or digital goods","E-Commerce Terms and Conditions","website-terms-and-conditions-D13193",{"situation":235,"recommended_template":236,"slug":237},"Collecting user data and needing a companion privacy document","Privacy Policy","data-privacy-policy-D13465",{"situation":239,"recommended_template":240,"slug":229},"Operating a two-sided marketplace with buyers and sellers","Marketplace Terms of Service",{"situation":242,"recommended_template":243,"slug":244},"Offering a free mobile app with in-app purchases","Mobile App End User License Agreement (EULA)","end-user-license-agreement-D13011",{"situation":246,"recommended_template":247,"slug":225},"Providing an API to third-party developers","API Terms of Use",[249,252,255,258,261,264,267,270,273,276,279,282],{"term":250,"definition":251},"Terms of Service (ToS)","A binding contract that defines the rules users must agree to in order to access and use a product, website, or service.",{"term":253,"definition":254},"Clickwrap Agreement","A method of obtaining user consent by requiring an affirmative action — such as checking a box or clicking 'I Agree' — before accessing a service.",{"term":256,"definition":257},"Browsewrap Agreement","An implied consent model where use of a site is treated as acceptance of its terms, without requiring an explicit user action; generally less enforceable than clickwrap.",{"term":259,"definition":260},"Limitation of Liability","A clause that caps the maximum amount the service provider can be held financially responsible for, typically expressed as a dollar amount or a multiple of fees paid.",{"term":262,"definition":263},"Indemnification","A user's obligation to compensate the service provider for losses, damages, or legal costs arising from the user's breach of the agreement or misuse of the service.",{"term":265,"definition":266},"Acceptable Use Policy (AUP)","A section or separate document defining what users may and may not do with a service — covering prohibited content, activities, and behaviors.",{"term":268,"definition":269},"Intellectual Property (IP) Ownership","The clause establishing who owns the platform's content, code, trademarks, and data, and what license — if any — the user receives to use them.",{"term":271,"definition":272},"Arbitration Clause","A provision requiring disputes to be resolved through binding arbitration rather than litigation, typically waiving the right to a jury trial and class action.",{"term":274,"definition":275},"Class Action Waiver","A clause preventing users from joining or initiating class-action lawsuits against the service provider, requiring disputes to be handled individually.",{"term":277,"definition":278},"Severability","A standard provision stating that if one clause in the agreement is found unenforceable, the rest of the agreement remains in full force.",{"term":280,"definition":281},"Governing Law","The jurisdiction whose laws apply to the interpretation and enforcement of the agreement, regardless of where the user is located.",{"term":283,"definition":284},"Force Majeure","A clause excusing a party's non-performance when caused by extraordinary events outside their control, such as natural disasters, cyberattacks, or government action.",[286,291,296,301,306,311,316,320,324,329],{"name":287,"plain_english":288,"sample_language":289,"common_mistake":290},"Acceptance of Terms","Explains how users consent to the agreement — by creating an account, clicking 'I Agree,' or simply using the service — and states that continued use constitutes ongoing acceptance.","By accessing or using [SERVICE NAME] ('Service'), you agree to be bound by these Terms of Service ('Terms'). If you do not agree, you must discontinue use immediately. Continued use following any update to these Terms constitutes acceptance of the revised Terms.","Relying on browsewrap-only acceptance with no visible link or affirmative action. Courts in the US and EU have declined to enforce ToS agreements where users had no clear notice of or opportunity to review the terms.",{"name":292,"plain_english":293,"sample_language":294,"common_mistake":295},"Eligibility and Account Registration","Defines who may use the service — minimum age, legal capacity, geographic restrictions — and places responsibility on users for maintaining accurate account credentials.","You must be at least [AGE] years old and legally capable of entering contracts in your jurisdiction to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.","Setting a minimum age of 13 without implementing COPPA-compliant parental consent mechanisms. If your service collects any data from users under 13 in the US, COPPA requires documented parental consent — not just a terms clause.",{"name":297,"plain_english":298,"sample_language":299,"common_mistake":300},"License Grant and Intellectual Property","Grants users a limited, non-exclusive license to use the service while confirming that all platform content, trademarks, and code remain the provider's property.","[COMPANY NAME] grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business or personal purposes. All content, trademarks, software, and data on the Service are the exclusive property of [COMPANY NAME] or its licensors.","Failing to address user-generated content (UGC) ownership. If users upload content, the ToS must include a license-back clause — otherwise the provider has no right to display, store, or moderate that content.",{"name":302,"plain_english":303,"sample_language":304,"common_mistake":305},"Acceptable Use and Prohibited Conduct","Lists what users may and may not do on the platform — covering illegal activity, scraping, spam, abuse, and impersonation — and reserves the right to terminate accounts for violations.","You agree not to: (a) use the Service for any unlawful purpose; (b) transmit unsolicited commercial messages; (c) scrape, crawl, or extract data without written permission; (d) impersonate any person or entity; or (e) upload content that infringes third-party intellectual property rights.","Writing a generic prohibited-use list without tailoring it to the platform's actual risk vectors. A marketplace needs seller-fraud prohibitions; a SaaS product needs API-abuse restrictions. Generic lists leave real gaps.",{"name":307,"plain_english":308,"sample_language":309,"common_mistake":310},"Fees, Payment, and Subscription Terms","Covers pricing, billing cycles, auto-renewal, refund policy, and what happens if payment fails — for any paid tier of the service.","Subscription fees are billed [monthly / annually] in advance and are non-refundable except as required by applicable law. [COMPANY NAME] reserves the right to modify pricing with [30] days' notice. Failure to pay may result in suspension or termination of your account.","Omitting an auto-renewal disclosure. Several US states and the EU require conspicuous disclosure of auto-renewal terms before purchase. Burying it in a standard clause exposes the provider to regulatory action and chargebacks.",{"name":312,"plain_english":313,"sample_language":314,"common_mistake":315},"Disclaimers and Warranty Exclusions","States that the service is provided 'as is' without warranties of merchantability, fitness for a particular purpose, or uninterrupted availability — limiting the provider's exposure for service failures.","THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. [COMPANY NAME] DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.","Failing to use all-caps or otherwise conspicuous formatting for warranty disclaimers. Under the UCC and many common-law jurisdictions, warranty disclaimers must be conspicuous to be enforceable — standard body text does not qualify.",{"name":259,"plain_english":317,"sample_language":318,"common_mistake":319},"Caps the provider's total financial liability to the user, typically at the amount the user paid in the preceding 12 months, and excludes indirect, consequential, or punitive damages.","TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY NAME]'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF $[AMOUNT] OR THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL [COMPANY NAME] BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.","Setting the liability cap at a flat $100 regardless of subscription value. Courts occasionally strike down caps that are so disproportionately low as to be unconscionable, particularly in B2B SaaS agreements where users pay thousands per year.",{"name":262,"plain_english":321,"sample_language":322,"common_mistake":323},"Requires users to defend and hold the provider harmless from legal claims arising from the user's breach of the ToS, violation of law, or infringement of third-party rights.","You agree to indemnify, defend, and hold harmless [COMPANY NAME] and its officers, directors, employees, and agents from any claims, damages, or expenses — including reasonable attorneys' fees — arising from your use of the Service, your breach of these Terms, or your violation of any third-party rights.","Including a mutual indemnification clause without reviewing it for balance. In consumer-facing services, broad mutual indemnification language can trigger regulatory scrutiny in the EU and several US states as an unfair contract term.",{"name":325,"plain_english":326,"sample_language":327,"common_mistake":328},"Dispute Resolution and Governing Law","Specifies whether disputes go to arbitration or court, designates the forum and governing law, and typically includes a class-action waiver.","Any dispute arising under these Terms shall be resolved by binding arbitration under the [AAA / JAMS] rules in [CITY, STATE], except that either party may seek injunctive relief in any court of competent jurisdiction. These Terms are governed by the laws of [STATE / COUNTRY], without regard to its conflict-of-laws provisions. You waive any right to participate in a class action.","Including a class-action waiver without pairing it with a conspicuous arbitration notice. In California, the EU, and the UK, class-action waivers embedded in standard ToS without clear disclosure face heightened enforceability challenges.",{"name":330,"plain_english":331,"sample_language":332,"common_mistake":333},"Termination and Effect of Termination","States the conditions under which either party may terminate the agreement, the notice required, and what rights and obligations survive termination — particularly data deletion, payment obligations, and IP.","[COMPANY NAME] may suspend or terminate your access to the Service at any time for any reason with [X] days' notice, or immediately for cause. Upon termination, your license to use the Service ends immediately. Sections covering IP, indemnification, limitation of liability, and dispute resolution survive termination.","Failing to specify which clauses survive termination. Without a survival clause, confidentiality, IP, and indemnification obligations may lapse the moment the account is closed — defeating the purpose of including them.",[335,340,345,350,355,360,365,370],{"step":336,"title":337,"description":338,"tip":339},1,"Identify your legal entity and service name","Replace every instance of [COMPANY NAME] with your registered legal entity name — not your brand or trade name. Confirm the service name matches what users see in your app or on your site.","If your brand name differs from your legal entity, include a parenthetical on first use: 'Acme Inc. (operating as NovaTool) (\"Company\")' — this prevents confusion in any enforcement scenario.",{"step":341,"title":342,"description":343,"tip":344},2,"Set user eligibility and age requirements","Determine the minimum age for your service. If you collect any data from users under 13 (US) or 16 (EU/UK under GDPR), you need COPPA or GDPR-compliant parental consent mechanisms in addition to this clause.","If your service is strictly B2B, replace an age minimum with a 'legal authority to bind a business entity' requirement to close the personal-use gap.",{"step":346,"title":347,"description":348,"tip":349},3,"Define the license scope for your platform","Specify whether the license is for personal use, internal business use, or both. If users upload, post, or submit content, add a license-back clause granting you the rights to store, display, and moderate that content.","For marketplaces or social platforms, use a broad license-back clause that covers sublicensing to other users — otherwise displaying one user's content to another may infringe the uploader's copyright.",{"step":351,"title":352,"description":353,"tip":354},4,"Tailor the acceptable-use prohibitions to your platform","Start with the general prohibitions in the template, then add platform-specific restrictions. A marketplace needs anti-fraud and counterfeit-goods language; a SaaS product needs API-rate-limit and reverse-engineering restrictions.","Mirror your AUP language in your enforcement policy so moderators apply the same standard the ToS sets — inconsistent enforcement is a common source of user disputes.",{"step":356,"title":357,"description":358,"tip":359},5,"Fill in fees, billing cycles, and auto-renewal terms","Enter your actual pricing, billing frequency, and refund policy. Disclose auto-renewal conspicuously — ideally in bold or a separate highlighted notice — and specify the number of days' notice you will give before renewing.","In the EU, auto-renewal for subscriptions over 12 months requires explicit re-consent under the Omnibus Directive. Check your markets before setting a standard renewal clause.",{"step":361,"title":362,"description":363,"tip":364},6,"Set your liability cap and verify it against revenue","Enter a liability cap that is proportionate to the fees your users pay. A common formula is the greater of a flat floor (e.g., $100) or fees paid in the preceding 12 months. Courts are more likely to uphold caps that bear a rational relationship to the contract value.","For enterprise SaaS tiers, consider a tiered cap — higher-paying tiers get a higher cap — to avoid the 'unconscionable' challenge that flat micro-caps invite.",{"step":366,"title":367,"description":368,"tip":369},7,"Choose your dispute resolution forum and governing law","Select the jurisdiction whose courts or arbitration providers you can realistically access. For US-based companies, Delaware or your state of incorporation is common. For global services, consider whether arbitration is enforceable in your primary user markets.","If you have significant EU users, California users, or UK users, note the specific carve-outs for those jurisdictions in the governing-law clause — blanket foreign-law choices are frequently unenforceable against consumers in those regions.",{"step":371,"title":372,"description":373,"tip":374},8,"Implement a visible acceptance mechanism before publishing","Do not simply post the ToS — implement a clickwrap mechanism (checkbox + 'I Agree' button, or a mandatory screen at registration) that records user consent with a timestamp. Store acceptance logs for at least 3 years.","A/B test the placement of the 'I Agree' checkbox. Studies show consent rates are highest when the checkbox is adjacent to the registration or purchase button, not buried below the fold.",[376,380,384,388,392,396],{"mistake":377,"why_it_matters":378,"fix":379},"Using browsewrap-only acceptance with no affirmative consent","Courts in the US and EU have refused to enforce ToS agreements where users had no clear notice or opportunity to review the terms before accessing the service. Without documented consent, your limitation-of-liability and arbitration clauses may be unenforceable.","Implement a clickwrap mechanism — a checkbox labeled 'I agree to the Terms of Service' linked to the full document — at account creation or purchase, and log the timestamp and IP address of each acceptance.",{"mistake":381,"why_it_matters":382,"fix":383},"Failing to address user-generated content rights","If your platform lets users upload content and your ToS does not include a license-back clause, you technically have no right to display, store, distribute, or moderate that content — exposing you to copyright infringement claims from your own users.","Add a clause granting the company a worldwide, royalty-free, sublicensable license to use, display, and distribute user-submitted content solely for operating and improving the service.",{"mistake":385,"why_it_matters":386,"fix":387},"Setting a liability cap disproportionately low","A flat $50 or $100 liability cap applied to users paying $10,000 per year in subscription fees has been challenged as unconscionable in several US jurisdictions, and courts have struck it down entirely rather than reducing it to a reasonable amount.","Set the cap at the greater of a reasonable floor (e.g., $250) or fees paid in the preceding 12 months. For enterprise tiers, tier the cap proportionately to the subscription value.",{"mistake":389,"why_it_matters":390,"fix":391},"Not specifying which clauses survive termination","Without a survival clause, your IP ownership, confidentiality, indemnification, and limitation-of-liability provisions may lapse the moment a user's account is closed — giving former users a clean break from obligations they should carry indefinitely.","Add a dedicated survival clause listing by name every section that continues after termination: IP ownership, indemnification, limitation of liability, dispute resolution, and payment obligations.",{"mistake":393,"why_it_matters":394,"fix":395},"Omitting an auto-renewal disclosure for paid subscriptions","Several US states (California, New York, Illinois) and the EU Omnibus Directive require conspicuous pre-purchase disclosure of auto-renewal terms. Violations trigger consumer protection enforcement actions, chargebacks, and class-action exposure.","Add a bold, standalone auto-renewal notice in the fees section — not just a reference in the general terms — and send a renewal reminder email at least 30 days before each billing date.",{"mistake":397,"why_it_matters":398,"fix":399},"Using a one-size-fits-all ToS without jurisdiction-specific carve-outs","A governing-law clause selecting a single US state is frequently unenforceable against consumers in the EU, UK, and California, who retain statutory rights regardless of contractual choice-of-law provisions.","Add jurisdiction-specific addenda or carve-out paragraphs for EU consumers (GDPR, unfair terms), UK consumers (Consumer Rights Act), and California residents (CCPA) acknowledging their statutory rights cannot be waived.",[401,404,407,410,413,416,419,422,425],{"question":402,"answer":403},"What is a Terms of Service Agreement?","A Terms of Service Agreement is a legally binding contract between a service provider and users that governs how the service may be accessed and used. It defines user rights, prohibited conduct, intellectual property ownership, payment terms, liability limits, and how disputes are resolved. Any business operating a website, app, or SaaS product needs one before accepting users or payments.\n",{"question":405,"answer":406},"Is a Terms of Service Agreement legally required?","No single law universally mandates a ToS for every website, but several regulations effectively require certain provisions. COPPA requires specific notice if your service collects data from users under 13. GDPR and CCPA require transparent data-processing disclosures. App stores (Apple, Google) require a ToS as a condition of listing. Operating without one also leaves you without enforceable liability limits, IP protections, or dispute resolution terms.\n",{"question":408,"answer":409},"What is the difference between Terms of Service and a Privacy Policy?","Terms of Service govern the rules of using the service — acceptable conduct, payments, IP, liability, and dispute resolution. A Privacy Policy governs how you collect, use, store, and share personal data. Both documents are legally distinct and typically required separately. GDPR, CCPA, and most app store policies require a Privacy Policy in addition to any ToS. Publishing one does not substitute for the other.\n",{"question":411,"answer":412},"What is the difference between clickwrap and browsewrap?","Clickwrap requires an affirmative user action — checking a box or clicking 'I Agree' — to signal consent before accessing a service. Browsewrap implies consent from the mere act of using a website, with a passive link to the ToS somewhere on the page. US and EU courts consistently enforce clickwrap agreements and frequently refuse to enforce browsewrap agreements where users had no clear notice of the terms. Always use clickwrap for material obligations like liability limits and arbitration.\n",{"question":414,"answer":415},"Does a Terms of Service Agreement need to be signed?","Traditional wet or electronic signatures are not required for most consumer-facing ToS agreements — a documented clickwrap acceptance with a timestamp and IP log is considered legally sufficient in most jurisdictions. However, B2B SaaS agreements with negotiated terms, enterprise contracts, and any ToS that incorporates a data processing agreement (DPA) typically warrant a formal e-signature using a platform like DocuSign to create a clear evidentiary record.\n",{"question":417,"answer":418},"Can I copy a competitor's Terms of Service?","Copying another company's ToS verbatim is copyright infringement and carries legal risk beyond the obvious. More importantly, a ToS copied from a different business will contain terms calibrated to that company's products, liability profile, and jurisdiction — not yours. Key gaps (missing user-generated content clauses, wrong governing-law state, inapplicable payment terms) can leave critical areas unprotected or create obligations you did not intend. Use a reputable template and tailor it to your actual service.\n",{"question":420,"answer":421},"How often should a Terms of Service Agreement be updated?","Review your ToS whenever you launch a new feature, enter a new market, change your pricing model, or become aware of a new legal requirement affecting your industry. At minimum, an annual review is standard. Each update should be versioned with a 'Last Updated' date, distributed to users via email or in-app notice, and reconsented to via clickwrap if the changes are material — particularly if you are altering dispute resolution, liability limits, or data use.\n",{"question":423,"answer":424},"Are arbitration clauses and class-action waivers enforceable?","In the US, the Supreme Court has broadly upheld arbitration clauses and class-action waivers in consumer contracts under the Federal Arbitration Act, with some state-level exceptions. California has historically been hostile to class-action waivers absent an opt-out mechanism. In the EU and UK, class-action waivers in standard consumer contracts are generally unenforceable as unfair terms. The FTC and CFPB continue to scrutinize mandatory arbitration in consumer financial services specifically.\n",{"question":426,"answer":427},"Do I need a lawyer to draft a Terms of Service Agreement?","For a simple blog or informational website with no user accounts or payments, a well-built template is typically sufficient. Engage a lawyer when your service collects sensitive personal data, processes payments across multiple jurisdictions, operates a marketplace with third-party sellers, or when liability exposure is material. A 2–4 hour attorney review of a template typically costs $400–$800 and is worthwhile for any SaaS, fintech, or healthcare-adjacent product.\n",[429,433,437,441],{"industry":430,"icon_asset_id":431,"specifics":432},"SaaS / Technology","industry-saas","API rate limits, uptime SLA disclaimers, data processing addendum references, and tiered subscription auto-renewal disclosures are all SaaS-specific additions that a generic ToS template must accommodate.",{"industry":434,"icon_asset_id":435,"specifics":436},"E-commerce / Retail","industry-ecommerce","Order acceptance, pricing error corrections, product availability disclaimers, return and refund eligibility, and sales tax obligations by jurisdiction require tailored language beyond a standard ToS.",{"industry":438,"icon_asset_id":439,"specifics":440},"Healthcare / MedTech","industry-healthtech","HIPAA-compliant language is required for any service handling protected health information — a standard ToS liability disclaimer does not satisfy the BAA requirement, which must be a separate executed agreement.",{"industry":442,"icon_asset_id":443,"specifics":444},"Financial Services / Fintech","industry-fintech","Regulatory disclosures (SEC, FINRA, FCA), investment risk warnings, AML/KYC obligation acknowledgments, and CFPB-compliant arbitration notice requirements make fintech ToS agreements substantially more complex than standard templates.",[446,449,453,457],{"vs":236,"vs_template_id":447,"summary":448},"privacy-policy-D921","A Privacy Policy governs how you collect, store, use, and share personal data — it is a data-handling disclosure document, not a user conduct contract. A Terms of Service Agreement governs acceptable use, IP ownership, payment terms, liability, and dispute resolution. Both are legally distinct, both are required for most online services, and publishing one does not satisfy the obligation for the other.",{"vs":450,"vs_template_id":451,"summary":452},"End User License Agreement (EULA)","D{EULA_PLACEHOLDER_ID}","A EULA is specifically designed for software licensing — it grants the user a license to install and run the software while restricting copying, reverse engineering, and redistribution. A Terms of Service Agreement governs access to an online service or platform and typically covers account management, payment, and platform conduct in addition to IP. SaaS products often need both.",{"vs":454,"vs_template_id":455,"summary":456},"Service Level Agreement (SLA)","D{SLA_PLACEHOLDER_ID}","An SLA is a performance commitment document — it sets uptime targets, response-time guarantees, and the remedies (credits, refunds) available when those targets are missed. A Terms of Service Agreement sets the general rules of use and limits the provider's liability. SLAs typically operate as an exhibit or addendum to a ToS or Master Services Agreement for enterprise customers.",{"vs":458,"vs_template_id":459,"summary":460},"Master Services Agreement (MSA)","D{MSA_PLACEHOLDER_ID}","An MSA is a bilateral negotiated contract between two businesses covering an ongoing service relationship — each party signs it and negotiates the terms. A Terms of Service Agreement is a unilateral standard-form contract the provider presents to all users on a take-it-or-leave-it basis. Enterprise customers often require an MSA to replace or supplement a public ToS for their specific relationship.",{"use_template":462,"template_plus_review":466,"custom_drafted":470},{"best_for":463,"cost":464,"time":465},"Informational websites, early-stage apps, and small e-commerce stores with standard offerings in a single jurisdiction","Free","1–2 hours",{"best_for":467,"cost":468,"time":469},"SaaS products, marketplaces, or any service collecting personal data or processing recurring payments across multiple jurisdictions","$400–$800","2–5 business days",{"best_for":471,"cost":472,"time":473},"Fintech, healthtech, enterprise SaaS with negotiated terms, or platforms operating under industry-specific regulation","$2,000–$8,000+","2–4 weeks",[475,480,485,490],{"code":476,"name":477,"flag_asset_id":478,"note":479},"us","United States","flag-us","The Federal Arbitration Act broadly supports mandatory arbitration and class-action waivers in consumer ToS agreements, though California courts apply heightened unconscionability scrutiny and require a clear opt-out mechanism to uphold waivers. COPPA requires documented parental consent for users under 13. State-specific auto-renewal laws in California, New York, and Illinois require conspicuous pre-purchase disclosure and easy cancellation.",{"code":481,"name":482,"flag_asset_id":483,"note":484},"ca","Canada","flag-ca","PIPEDA (and Quebec's Law 25, which imposes GDPR-like requirements) mandates that data collection and processing terms be disclosed clearly — typically in a Privacy Policy that should be cross-referenced in the ToS. Canadian courts apply consumer protection statutes provincially, and standard-form contracts may be subject to review under Quebec's Consumer Protection Act. Mandatory arbitration clauses that oust provincial consumer protection tribunals are unenforceable in Quebec and British Columbia.",{"code":486,"name":487,"flag_asset_id":488,"note":489},"uk","United Kingdom","flag-uk","The Consumer Rights Act 2015 requires that standard consumer contract terms be fair, transparent, and prominent — unfair terms, including disproportionate liability exclusions, are not binding on consumers. The UK GDPR (post-Brexit equivalent of EU GDPR) requires a separate, compliant Privacy Policy. Arbitration clauses in consumer contracts must comply with the Arbitration Act 1996 and may be challenged as unfair terms under the CRA.",{"code":491,"name":492,"flag_asset_id":493,"note":494},"eu","European Union","flag-eu","The EU Unfair Contract Terms Directive renders standard-form terms that create significant imbalances in consumer rights unenforceable — this covers broad liability exclusions, mandatory foreign-law choices, and class-action waivers. GDPR requires a separate, detailed Privacy Policy and Data Processing Agreement; GDPR obligations cannot be satisfied within a ToS alone. The Digital Services Act (DSA) imposes additional transparency and content-moderation obligations on larger platforms operating in the EU.",[237,496,497,225,498,499,500,244,501,502,503,504],"non-disclosure-agreement-nda-D12692","service-agreement-D12711","cookie-policy-D13174","independent-contractor-agreement-D160","saas-service-level-agreement-D12859","acceptable-use-policy-D12622","no-refund-policy-D13428","master-service-agreement-D12657","data-processing-agreement-D13652",{"emit_how_to":191,"emit_defined_term":191},{"primary_folder":111,"secondary_folder":507,"document_type":508,"industry":509,"business_stage":510,"tags":511,"confidence":516},"terms-and-warranties","agreement","general","all-stages",[512,508,513,514,515],"legal","saas","terms-of-service","user-policy",0.95,"\u003Ch2>What is a Terms of Service Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Terms of Service Agreement\u003C/strong> is a legally binding contract between a service provider — typically the operator of a website, mobile app, or SaaS platform — and any individual or entity that accesses or uses that service. It establishes the rules of the relationship: what users may and may not do, who owns the content and intellectual property on the platform, what the provider's liability is capped at, how disputes will be resolved, and when either party may terminate access. Unlike a negotiated B2B contract, a ToS is a standard-form document presented uniformly to all users — its enforceability depends on users having clear notice of its existence and a documented opportunity to accept or decline before using the service.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Operating a website, app, or online service without a Terms of Service Agreement leaves you exposed on every front that matters. Without a liability limitation clause, a single service outage or data error can expose you to uncapped damages from any user who claims a loss. Without an intellectual property clause, your platform's content, code, and data have no contractual protection against reproduction or redistribution. Without an acceptable-use policy, you have no contractual basis to terminate abusive users, remove harmful content, or enforce platform rules. Without a dispute resolution clause, every user grievance defaults to litigation in the user's home court — potentially in a jurisdiction you have never operated in. A well-structured Terms of Service Agreement closes all four gaps, creates the paper trail that makes enforcement realistic, and signals to users, investors, and regulators that your platform is operated professionally.\u003C/p>\n",1781186039724]