| 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
