terms-of-service

name	terms-of-service
title	Terms of Service Agreement
description	Drafts enforceable U.S. Terms of Service agreements for websites, apps, platforms, and SaaS with acceptance mechanics, liability limits, dispute resolution, IP/content rules, and privacy hooks. Use when asked to draft "terms of service", "terms of use", "TOS", "user agreement", "platform terms", "website terms", "app terms", or "SaaS terms".
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/terms-of-service
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	contracts
language	en

Terms of Service Agreement

Drafts an enforceable TOS tailored to the service model, data flows, and jurisdictional compliance needs.

Quick Start

Gather before drafting:

Item	Required	Notes
Company legal name, address, contact email	Yes	Contracting entity
Service name and URL/app identifiers	Yes	Defines "Service"
Eligibility/age minimum	Yes	COPPA if under 13 [VERIFY]
Countries/states served	Yes	Triggers GDPR/CCPA/other
Payment terms	If paid	Auto-renew, cancellation, refunds
IP assets	Yes	Trademarks, content ownership
UGC + moderation approach	If UGC	DMCA workflow
APIs/integrations	If any	Third-party terms

Core Workflow

1. Clause Selection

Clause	Include When	Key Points
Acceptance mechanism	Always	Clickwrap preferred; continued-use fallback
Accounts & security	Accounts exist	Credentials, MFA, responsibility
Acceptable use	Always	Prohibited conduct list
UGC license	UGC exists	Scope, duration, takedown
IP ownership	Always	Service IP, limited license
Payments	Paid tiers	Billing, taxes, refunds
Termination	Always	For cause/at will, effects
Disclaimers	Always	AS IS / AS AVAILABLE
Liability cap	Always	Cap amount, exclusions, carve-outs
Indemnity	B2B or UGC	IP claims, violations
Dispute resolution	Always	Governing law, venue/arbitration

2. Drafting Sequence