Terms of Service

When to Use

Activate when a founder needs to create terms of service for a product launch, update existing terms to reflect new features or business model changes, or assess whether current terms adequately protect the company. Also activate when the user asks about acceptable use policies, liability limitations, or user agreement structures.

Context Required

• From startup-context: product type, platform, business model, pricing structure, target customer (B2B vs B2C), geographic markets, company legal entity and jurisdiction.
• From the user: what the product does, how users interact with it, whether users create or upload content, whether the product integrates with third-party services, payment/subscription structure, any past disputes or known risk areas, and whether the audience includes enterprise customers who will negotiate terms.

Workflow

1. Scope assessment — Determine the product type (SaaS, marketplace, API, mobile app) and audience (consumers, SMBs, enterprise). This dictates the tone, enforceability approach, and which clauses are essential.
2. Risk identification — Map the key liability scenarios for this specific product: data loss, service outages, user-generated content issues, integration failures, billing disputes.
3. Draft terms — Write each section using the template below. Use plain language with legally precise phrasing. Avoid unnecessary jargon while maintaining enforceability.
4. Enforceability review — Flag clauses that may be unenforceable in certain jurisdictions (e.g., blanket liability exclusions are limited in the EU, mandatory arbitration is restricted in some states and countries).
5. Presentation guidance — Recommend how to present the terms (clickwrap vs browsewrap), versioning strategy, and how to notify users of changes.

Output Format

A terms of service document with the following sections.