You have built your website, written your privacy policy, and are ready to launch. But there is one more legal document you should not skip — your terms of service. Also called “terms and conditions” or “terms of use,” this document sets the rules for how people can use your website and what happens if things go wrong.

Unlike a privacy policy, which is legally required in most jurisdictions, terms of service are technically optional in many countries. But “optional” does not mean “unnecessary.” Without them, you are leaving your business exposed to disputes, liability claims, and content theft with very little legal recourse.

What Are Terms of Service, Exactly?

Terms of service are a legally binding agreement between you (the website owner) and anyone who uses your website. They define the rules of engagement — what users can and cannot do, what you are and are not responsible for, and how disputes will be handled.

When a visitor uses your website, they are agreeing to abide by your terms. This is typically enforced through “browsewrap” (a link in the footer that says “By using this site, you agree to our Terms”) or “clickwrap” (a checkbox the user must tick before signing up or purchasing). Clickwrap agreements are significantly more enforceable in court.

Do I Need Terms of Service for My Website?

You should have them. While not always a strict legal requirement like a privacy policy, terms of service protect you in several important ways:

Liability protection. They limit your legal exposure if your website has errors, downtime, or causes any loss to a user.
Intellectual property. They establish who owns the content on your site and prevent others from copying it without permission.
User behaviour rules. They give you grounds to ban users who spam, harass others, or misuse your service.
Payment terms. If you sell anything, they define your refund policy, cancellation rules, and billing terms.
Dispute resolution. They specify how disagreements will be handled — which country’s law applies and whether disputes go to arbitration or court.

If you run an e-commerce site, a SaaS product, an app, or any website where users create accounts or make payments, terms of service are essential. Even a simple blog or portfolio benefits from basic terms covering liability and copyright.

What to Include in Your Terms of Service

A solid terms of service document should cover at least the following clauses. The specifics will vary depending on your business, but these are the building blocks that apply to almost every website.

1. Acceptance of Terms

State clearly that by using the website, the visitor agrees to be bound by your terms. Include when the terms were last updated and note that you may update them from time to time.

2. Description of Service

Explain what your website or service does. Keep it factual and concise. This establishes the scope of the agreement — users know exactly what they are agreeing to use.

3. User Accounts and Registration

If users create accounts, outline their responsibilities: keeping passwords secure, providing accurate information, and notifying you if their account is compromised. State that you reserve the right to suspend or terminate accounts that violate your terms.

4. Acceptable Use Policy

Define what users are not allowed to do. Common prohibitions include: attempting to hack the site, uploading malicious code, scraping content, impersonating others, sending spam, or using the service for illegal purposes. This clause is your basis for taking action against bad actors.

5. Intellectual Property Rights

Clarify that your website content — text, images, logos, code, and design — belongs to you and is protected by copyright. If users can submit content (comments, reviews, uploads), specify who owns that content and what licence you have to use it.

6. Payment Terms

If you charge for products or services, spell out the details: pricing, currency, billing frequency, accepted payment methods, taxes, and what happens if a payment fails. Be explicit about whether prices include VAT.

7. Refund and Cancellation Policy

Describe the circumstances under which a customer can get a refund, how to request one, and any time limits. For subscriptions, explain how cancellation works and whether partial refunds are available. Note that UK and EU consumers have a statutory 14-day cooling-off period for most online purchases.

8. Limitation of Liability

This is one of the most important clauses. It limits the amount you can be held liable for if something goes wrong. Typically, you would limit liability to the amount the user paid you, or exclude liability for indirect or consequential damages. Be aware that some jurisdictions restrict how much you can limit liability — you cannot exclude liability for death or personal injury caused by negligence, for example.

9. Disclaimers

State that your service is provided “as is” without warranties of any kind. If you provide informational content (financial tips, health information, legal guidance), disclaim that it is not professional advice. This is especially important if your website could be misinterpreted as providing expert counsel.

10. Termination

Reserve the right to terminate or suspend access to your service at your discretion, particularly for violations of the terms. Explain what happens to user data and any outstanding payments upon termination.

11. Governing Law and Jurisdiction

Specify which country’s (or state’s) laws govern the agreement and which courts have jurisdiction over disputes. If you are based in the UK, you would typically specify the laws of England and Wales. This prevents you from being dragged into court in a foreign jurisdiction.

12. Changes to the Terms

Explain how you will notify users of changes — whether by email, by posting a notice on the site, or simply by updating the “last updated” date. State that continued use of the service after changes constitutes acceptance.

13. Contact Information

Provide a way for users to reach you with questions about the terms. An email address is sufficient for most small businesses.

Common Mistakes to Avoid

Copying terms from another site. This is surprisingly common and surprisingly risky. Another company’s terms are tailored to their business, not yours. You may end up with clauses that do not apply, miss clauses that should, and in the worst case, accidentally reference another company by name.
Making them unreadable. Walls of dense legalese reduce trust and may not hold up in court if a user can argue they did not understand what they agreed to. Write clearly and use headings to organise the document.
Overreaching on liability exclusions. Trying to exclude all liability for everything may seem appealing, but courts in the UK and EU will strike down clauses they consider unfair, especially in consumer contracts. Be reasonable.
Forgetting to update them. If you add a new feature, change your pricing, or start operating in a new market, your terms need to reflect that. Outdated terms can create gaps in your legal protection.
Not making them accessible. Your terms should be linked from every page — typically in the footer — and available before a user makes a purchase or creates an account.
Ignoring consumer protection laws. In the UK and EU, consumer rights legislation overrides certain contractual terms. You cannot use your terms to take away statutory rights such as the right to a refund for faulty goods.

How to Create Your Terms of Service

You have three main routes:

1. Hire a solicitor — The most thorough option, particularly if you handle sensitive data, operate in a regulated industry, or have complex business logic. Expect to pay £500–£3,000+ depending on the complexity.

2. Use a free template — Templates are widely available but are, by definition, generic. They will not account for the specifics of your business, your pricing model, or the jurisdictions you operate in. A template is better than nothing, but only just.

3. Use an AI-powered generator — A practical middle ground. Tools like LegalForge ask you targeted questions about your business — what you sell, how you charge, where your customers are — and generate a tailored terms of service document in under a minute. This gives you a customised result at a fraction of the cost of a solicitor.

Terms of Service vs. Other Legal Pages

Your website typically needs three legal documents, each serving a different purpose:

Terms of Service — The rules for using your website and your contractual relationship with users.
Privacy Policy — How you collect, use, store, and share personal data. Required by law in most places.
Cookie Policy — What cookies your site uses and how users can manage them. Required under GDPR and the ePrivacy Directive.

These three documents work together. Your terms of service should reference your privacy policy, and your privacy policy should reference your cookie policy. Creating them as a set ensures consistency and avoids contradictions.

The Bottom Line

Terms of service are not just legal boilerplate — they are a practical tool that protects your business from disputes, clarifies the relationship with your users, and gives you the ability to enforce rules on your own platform. Every website should have them, and creating a solid set of terms does not need to be expensive or time-consuming.

If you want to get your terms of service sorted alongside your other legal pages, LegalForge generates a complete legal bundle — Terms of Service, Privacy Policy, and Cookie Policy — tailored to your business in 60 seconds, for a one-time £19 payment.

Terms of Service for Your Website: A Plain-English Guide (2026)