Terms of Service Generation

Draft comprehensive Terms of Service (ToS) documents tailored to web applications, SaaS platforms, and digital marketplaces. This skill produces enforceable, jurisdiction-aware terms covering user rights and restrictions, acceptable use, liability, warranties, dispute resolution, and platform-specific concerns like content moderation, subscription billing, and API usage.

Workflow

1. Understand Business Model — Determine the platform type (SaaS, marketplace, social platform, API service), revenue model (subscription, freemium, transaction fees, advertising), user types (consumers, businesses, or both), and the core value proposition. Identify whether the service handles payments, user content, third-party integrations, or regulated data. These factors dictate which ToS sections are essential.

2. Define User Rights and Restrictions — Establish what users are permitted to do (acceptable use) and explicitly prohibited from doing (abuse, scraping, reverse engineering, circumventing access controls). Define account creation requirements including age minimums, accurate information obligations, and account security responsibilities. Specify the license granted to users and any usage limits tied to subscription tiers.

3. Draft Liability and Warranty Sections — Craft disclaimers of warranties (AS-IS/AS-AVAILABLE), limitations of liability with monetary caps, and exclusions for consequential damages. Include specific carve-outs required by consumer protection laws in key jurisdictions. Address service availability commitments or explicitly disclaim uptime guarantees if no SLA exists.

4. Add Dispute Resolution Mechanisms — Define the governing law and jurisdiction, include arbitration clauses with class action waivers where enforceable, specify small claims court exceptions, and outline informal dispute resolution steps that must precede formal proceedings. Consider whether B2B users should have different dispute terms than consumers.

5. Review Enforceability — Audit the draft for unconscionable terms that courts routinely strike down, ensure conspicuous presentation of material terms (auto-renewal, arbitration), verify compliance with platform-specific requirements (app store guidelines), and confirm that modification and termination provisions are reasonable and provide adequate notice.

Usage

Describe your platform, business model, user base, and any specific concerns. Mention if you handle user-generated content, process payments, or operate in regulated industries.