What Happens When a Website or App Has No Terms of Service

Terms of Service govern your relationship with every user of your website or app. Without them, users can claim unlimited usage rights, your intellectual property is unprotected, and you have no basis to suspend abusive accounts.

What's at Stake

Without ToS, users may claim broader rights to your platform, content, and data than you intended. Without limitation of liability provisions, a service outage could result in claims for consequential damages — potentially unlimited.

What Happens If This Goes Wrong

ToS presented only as a link without requiring affirmative acceptance ('browsewrap') are frequently struck down by courts. ToS that contain illegal provisions (e.g., waiving consumer protection rights in some states) may be selectively void.

Critical Deadlines

Publish before launch. Require affirmative acceptance at registration or first use. Notify users 30 days before material changes take effect. Under GDPR, users can object to new terms and must be able to withdraw from the service without penalty if they do not accept material changes.

Terms of Service (ToS) — also called Terms and Conditions or Terms of Use — is the contract governing a user's relationship with your digital service. It defines acceptable use, intellectual property rights, limitation of liability, dispute resolution, and grounds for account termination. Without ToS, you lack the legal framework to remove bad actors, protect your IP, or limit liability.

How This Document Protects You

Acceptance mechanism: how users agree to the terms

Acceptable use policy: prohibited activities

Intellectual property rights: who owns user-generated content

Account creation, suspension, and termination rights

Disclaimer of warranties and limitation of liability

Indemnification by users for their violations

Dispute resolution: arbitration clause, class action waiver

Governing law and jurisdiction

User Control

Defines prohibited conduct and creates legal basis to suspend or ban users

IP Protection

Clarifies ownership of user-generated content and platform IP

Liability Limitation

Caps your exposure for service disruptions, user disputes, and third-party claims

Dispute Management

Arbitration clause diverts disputes from expensive class-action litigation

State-Specific

Legally Structured

Updated 2026

Preview

Service Provider / Business Information

Service Provider Information

Entity Type Individual Person Corporation Limited Liability Company (LLC) Partnership Sole Proprietorship Trust Non-Profit Organization Government Entity

Select the type of entity

Full Legal Name

As it should appear on the document

Doing Business As (DBA)

Optional trade name

State of Formation Select state... Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

Where the entity was formed

Authorized Representative

Person authorized to sign

Representative Title

Title or position

Address

Street Address

Full street address including suite or unit number.

City

City of service provider residence or business.

State Select... Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

State where this address is located.

ZIP Code

5-digit ZIP code.

Email Address

Used for correspondence and notices.

Phone Number

Best number for direct contact.

User / Customer Information

User / Customer Information

Entity Type Individual Person Corporation Limited Liability Company (LLC) Partnership Sole Proprietorship Trust Non-Profit Organization Government Entity

Select the type of entity

Full Legal Name

As it should appear on the document

Doing Business As (DBA)

Optional trade name

State of Formation Select state... Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

Where the entity was formed

Authorized Representative

Person authorized to sign

Representative Title

Title or position

Address

Street Address

Full street address including suite or unit number.

City

City of user / customer residence or business.

State Select... Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

State where this address is located.

ZIP Code

5-digit ZIP code.

Email Address

Used for correspondence and notices.

Phone Number

Best number for direct contact.

Terms Details

Website / Platform URL *

The URL of the platform or website these terms govern. Terms of service must be prominently linked from the homepage and checkout/signup flow.

Service Type * Select… SaaS / Web Application Online Marketplace E-commerce Store Social Media / Community Platform Information / Content Website Mobile Application Other

The service type determines the key terms needed. Marketplaces need terms for both buyers and sellers. SaaS platforms need uptime commitments and data ownership clauses.

User Age Minimum 13 (COPPA minimum) 16 (GDPR minimum in some EU states) 18 (adults only) 21 (alcohol/cannabis)

COPPA prohibits collecting personal data from children under 13 without parental consent. GDPR Article 8 sets 16 as the default minimum age for consent in the EU (states may lower to 13).

Prohibited Uses *

Clearly enumerate prohibited uses. This is your primary basis for terminating accounts and defending against misuse claims.

Dispute Resolution Binding arbitration with class action waiver Binding arbitration (no class waiver) Federal/state court jurisdiction Small claims court exception

Mandatory arbitration clauses are common in B2C ToS but face increasing regulatory scrutiny. California and some states limit class action waivers in consumer contracts.

Governing Law (State)

Delaware is popular for tech companies. California courts may apply California law regardless of governing law clauses for California residents.

Limitation of Liability Capped at fees paid in past 12 months Capped at $100 Exclude consequential damages (no dollar cap) No limitation of liability

Courts in most states enforce limitation of liability clauses in B2B contracts. B2C limitations may face greater scrutiny, particularly for essential services.

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How to Create Your Document

1. Define what service you provide and who may use it (age restrictions)
2. Draft acceptable use policy — what users cannot do
3. Establish IP ownership: content you create vs. user-generated content
4. Set account termination grounds and procedures
5. Limit liability: disclaimer of warranties, consequential damages exclusion
6. Include arbitration clause and class action waiver
7. Require affirmative acceptance (checkbox "I agree") at registration

Frequently Asked Questions

Common questions about Terms of Service

Are Terms of Service legally binding?

Yes, if users affirmatively accept them. "Clickwrap" agreements (user checks "I agree" or clicks "Accept") are consistently upheld by courts. "Browsewrap" agreements (just a link in the footer) are more fragile — courts have refused to enforce them when users were not given adequate notice and did not affirmatively consent. Always require active acceptance at signup or first use.

Can Terms of Service prevent class action lawsuits?

Class action waivers in ToS have been upheld by the Supreme Court (AT&T Mobility v. Concepcion) for companies subject to the Federal Arbitration Act. Consumer protection laws in some states (California) place limits on when class waivers are enforceable. Including both a class action waiver AND a mandatory arbitration clause is the standard approach for consumer-facing services seeking to avoid class litigation.

Who owns content that users post on my platform?

Users own copyright in their posts and content unless the ToS includes a license to the platform or a full assignment. Most platforms use a license approach: users grant the platform a broad license to display, distribute, and sublicense user content. Full ownership transfer (assignment) is less common and may deter users. Clearly define: what license users grant you, whether you can use their content in marketing, and what happens to content when a user deletes their account.

What is an acceptable use policy?

An acceptable use policy (AUP) is a section of ToS that defines prohibited conduct on your platform. Common prohibited activities: illegal content (CSAM, stolen goods), harassment and threats, spam and phishing, scraping or automated access, reverse engineering, circumventing security, and violating intellectual property rights. A clear AUP gives you the right to suspend or terminate accounts without liability.

How should I handle ToS updates?

Best practice: provide 30 days advance notice of material changes via email and/or in-app notification; post the updated ToS with a "last updated" date; for material changes, require re-acceptance at next login. Users who cannot accept the new terms should be able to close their account and receive their data. Under GDPR, you cannot unilaterally change ToS material provisions that affect privacy rights — user consent may be required.

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Not Legal Advice: This automated form assistance tool provides general information and document templates. It is not a substitute for legal advice from a qualified attorney. Laws vary by jurisdiction and change over time. Consult with a licensed attorney for advice specific to your situation.
Last updated: January 2026