Pages: Terms of Service
Guides Terms of Service page content, structure, compliance, and AI-specific clauses.
When invoking: On first use, if helpful, open with 1–2 sentences on what this skill covers and why it matters, then provide the main output. On subsequent use or when the user asks to skip, go directly to the main output.
Initial Assessment
Identify:
- Product category: Free anonymous, free with account, freemium, subscription SaaS, enterprise/B2B, API/developer, marketplace, e-commerce, content/media, mobile app, AI agent/MCP — see legal-page-generator §Product Categories
- Jurisdiction: Governing law, dispute resolution, whether dual-jurisdiction fallback is needed — see legal-page-generator §Jurisdiction Decision Framework
- AI involvement: Whether AI models generate output, and whether third-party model terms apply — see §AI Clauses
- User types: B2B, B2C, or both
- Indexing: Typically index (see legal-page-generator §Indexing Strategy)
Required Sections (18-Section Framework)
1. Agreement
- "By accessing or using [domain], you agree to be bound by these Terms"
- "If you do not agree, please do not use the service"
- Reference to other incorporated documents (Privacy Policy, AUP, Community Guidelines)
2. The Service
- What the product does in one paragraph
- Fair-use limits: If applicable, state daily/monthly quotas with rationale ("to keep the service fair and available for all users")
- Whether the service is free or paid
3. Eligibility
- Minimum age: 13 (US/COPPA) or 16 (EEA/GDPR)
- Statement: "By using [Product], you confirm that you meet this age requirement"
- Additional restrictions if applicable (e.g., not available in certain countries)
4. No Accounts (If Applicable)
For products without user accounts:
- "No account or sign-up is required"
- User is solely responsible for: content submitted, output generated, compliance with these Terms each session
- User bears the risk of browser/local data loss
For products with accounts:
- Account security: user responsible for credentials, notify of unauthorized access
- Accurate information: provide truthful registration data
5. Acceptable Use
List specific prohibited content and behaviors:
Prohibited Content:
- Illegal content under applicable law
- Child sexual abuse material (CSAM) or content exploiting minors
- Content that infringes intellectual property, privacy, or publicity rights
- Content that promotes violence, harassment, or hate
Prohibited Behaviors:
- Scraping, crawling, or automating access beyond normal browser use
- Attempting to bypass quotas, rate limits, or security measures
- Reverse engineering, decompiling, or jailbreaking the service
- Submitting URLs or content the user does not have the legal right to access or reproduce
- Using the service for high-risk automated decisions affecting individuals
Enforcement: Right to investigate, block IPs/sessions, and take legal action.
6. Your Content
- User retains ownership of submitted content (URLs, prompts, uploads)
- User grants a limited, non-exclusive, request-scoped license to process content solely to provide the service
- Statement: "We do not store Your Content after the request completes" (if true)
- Statement: "We do not use Your Content to train AI models" (if true — significant trust signal)
- User warrants they have the right to submit the content and doing so doesn't violate third-party rights
7. Generated Output
- Ownership: User owns the output and may use it for any lawful purpose, including commercial use
- AI caveat: Because output is AI-generated, user is responsible for:
- Verifying accuracy, artifacts, mis-rendered text
- Ensuring output doesn't infringe third-party trademarks, copyrighted imagery, or likenesses
- Complying with terms of any website whose URL was submitted
- Copyright note: AI-generated content may not qualify for copyright protection in all jurisdictions
- Image disclaimer: AI-generated images are not photographs of real individuals; resemblance is coincidental
8. AI Disclaimer (Standalone Section)
- "Output is produced by probabilistic AI models"
- "May contain artifacts, inaccuracies, hallucinated text, or unexpected visual results"
- "Verify all content before publishing"
- "[Product] is a creative tool, not a source of factual representation"
- Not liable for decisions made based on AI output
9. Third-Party Services
- List AI model providers used (Google Gemini, OpenAI, etc.)
- Their terms also apply: Users' data submitted for generation is subject to those providers' terms and policies
- Link to each provider's Terms of Service and Privacy Policy
- For API/enterprise products: note sub-processor commitments and DPA availability
10. Free Service / No SLA (If Applicable)
For free products:
- "Provided free of charge on a best-effort basis"
- No guarantee of: uninterrupted operation, feature availability, response time, output quality
- "We may rate-limit, suspend, or discontinue features at our discretion without prior notice"
- Not liable for unavailability or discontinuation
For paid products:
- Uptime commitment (e.g., 99.9% SLA)
- Service credits for downtime
- Scheduled maintenance windows
11. Intellectual Property
- Operator owns: name, logo, website design, source code, UI, templates, curated content
- User-owned items explicitly excluded: user-submitted content and user-generated output
- No license to copy, modify, or redistribute operator IP without permission
12. Termination
- Operator may block IPs/sessions that violate §5 (Acceptable Use)
- Termination does not affect provisions that by nature survive (disclaimers, liability, indemnity, governing law)
- For account-based products: user may terminate by deleting account; operator may terminate for ToS violations
13. Disclaimer of Warranties
Standard US-style all-caps paragraph:
"THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. [PRODUCT] DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE, APPROPRIATE, OR FREE OF INFRINGING CONTENT."
14. Limitation of Liability
- To maximum extent permitted by law, operator not liable for indirect, incidental, special, consequential, or punitive damages
- Total liability capped at a specific amount (e.g., USD $100 for free tools; amount paid in last 6–12 months for paid tools)
- Jurisdictional carve-out (mandatory): "Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, the operator's liability is limited to the maximum extent permitted by law, and the above limitations may not apply to you."
15. Indemnity
- User indemnifies operator against claims, damages, liabilities, and expenses (including reasonable legal fees) arising from:
- User's submitted content
- User's use of generated output
- User's violation of these Terms
- User's violation of third-party rights or applicable law
16. Governing Law & Venue
Three patterns to choose from:
Single Jurisdiction:
"These Terms are governed by the laws of [State/Country], without regard to conflict-of-law principles. Disputes will be brought exclusively in [courts of County/City]."
Dual Jurisdiction (Fallback):
"These Terms are governed by the laws of [Primary Jurisdiction]. Disputes will be brought exclusively in [Primary Courts]. Where a party is unable to bring a claim in [Primary Jurisdiction] (for example, due to jurisdictional limitations), the parties consent to [Alternate Courts] as the alternate forum."
Arbitration:
"Disputes will be resolved through binding arbitration administered by [JAMS/AAA/SIAC] under its [applicable rules]. Users may opt out of arbitration within 30 days of first using the service."
17. Changes
- "We may update these Terms from time to time"
- "Material changes will be posted with a new 'Last updated' date"
- Critical clause: "Your continued use of [Product] after changes are posted constitutes acceptance of the revised Terms"
- For significant changes: consider email notification, in-app banner, or re-acceptance flow
18. Contact
- Email address for Terms-related questions
- DMCA/Copyright complaint channel (for US-hosted sites): designated email or form for takedown requests
- For account-based products: support channel for account issues
- Response timeframe expectation
AI Clauses — Minimum Requirements
For any product using AI models, these clauses are mandatory:
In §6 (Your Content)
- Limited license: "solely to process Your Content during your request — to generate output and return the result"
- "We do not store Your Content after the request completes" (if true)
- "We do not use Your Content to train AI models" (if true)
In §7 (Generated Output)
- User owns output; may use commercially
- User responsible for verifying output before publishing
- Copyright ambiguity note: AI-generated content may not be copyrightable
In §8 (AI Disclaimer)
- Probabilistic; may contain artifacts
- Verify before use
- Not a source of factual truth
In §9 (Third-Party Services)
- Name the AI model providers
- Their terms also apply to the user
- Link to provider terms
2025–2026 Regulatory References to Flag
- EU AI Act (full enforcement Aug 2026): GPAI providers must disclose training data; AI systems must inform users of AI interaction
- Connecticut CTDPA (Jul 2026): LLM training use must be disclosed
- California SAM §4986.10: AI-generated content must be labeled
- India DPDP Act (phased 2025–2027): under-18 parental consent; significant data fiduciary obligations
Product-Category Adjustments
| Category |
Add |
Remove |
| Free Anonymous |
§4 No Accounts (full), §10 Free/No SLA |
§5 Account security sub-section, payment references |
| Free with Account |
§4 Account security, §12 Account termination |
Payment references |
| Freemium / Subscription |
Payment terms, auto-renewal, cancellation, refund policy link |
§10 Free/No SLA (replace with paid SLA) |
| Enterprise / B2B |
DPA reference, sub-processor list, security certifications, custom retention |
§2 Fair-use limits, §10 Free/No SLA |
| API / Developer |
Rate limits, API key security, data processor role, uptime SLA |
§4 No Accounts (replace with API key management) |
| Marketplace |
Content moderation, takedown process, submitter licenses, third-party disclaimer |
— |
| E-commerce |
Refund policy link, shipping policy link, consumer rights |
§7 Generated output (unless AI features exist) |
Content Principles
- Plain language: Explain legal obligations in terms a user can understand
- Be specific about AI: Don't bury AI caveats in a generic "disclaimer" — give them standalone sections
- Jurisdictional carve-out: Always include the "some jurisdictions do not allow" safety valve in §14
- "Continued use = acceptance": Always include in §17
- DMCA contact: Always include for US-hosted sites
- Structure: Numbered sections, scannable headings — users (and courts) should find clauses quickly
- "Last updated" date: Prominently at the top
- Legal review: Recommend lawyer review for jurisdiction-specific enforceability
Placement
- Footer: Link on every page
- Signup flow: Require checkbox acceptance before account creation
- Checkout: Link before purchase confirmation
- API onboarding: Acceptance required before key issuance
Output Format
- Complete section outline: All applicable sections from the 18-section framework
- Key points per section: What each clause must cover; sample language for critical clauses
- Product-category adjustments: Which sections to add or skip
- AI clause block: Full language for §6, §7, §8, §9 when AI is involved
- Governing law recommendation: Based on operator and user locations
- Disclaimer: Recommend legal review
Related Skills
- legal-page-generator: Terms is a legal page type; product categories, jurisdiction framework, platform dependencies
- privacy-page-generator: Often linked together; AI disclosures in Privacy complement AI clauses in Terms
- contact-page-generator: Contact for Terms questions
- indexing: Index strategy for legal pages
1---
2name: terms-page-generator
3description: When the user wants to create, optimize, or structure Terms of Service page. Also use when the user mentions "terms of service," "terms and conditions," "terms of use," "user agreement," "ToS," "legal terms," "service agreement," or "terms page." For legal overview page, use legal-page-generator.
4metadata:
5 version: 1.1.0
6---
7
8# Pages: Terms of Service
9
10Guides Terms of Service page content, structure, compliance, and AI-specific clauses.
11
12**When invoking**: On **first use**, if helpful, open with 1–2 sentences on what this skill covers and why it matters, then provide the main output. On **subsequent use** or when the user asks to skip, go directly to the main output.
13
14## Initial Assessment
15
16Identify:
171. **Product category**: Free anonymous, free with account, freemium, subscription SaaS, enterprise/B2B, API/developer, marketplace, e-commerce, content/media, mobile app, AI agent/MCP — see legal-page-generator §Product Categories
182. **Jurisdiction**: Governing law, dispute resolution, whether dual-jurisdiction fallback is needed — see legal-page-generator §Jurisdiction Decision Framework
193. **AI involvement**: Whether AI models generate output, and whether third-party model terms apply — see §AI Clauses
204. **User types**: B2B, B2C, or both
215. **Indexing**: Typically index (see legal-page-generator §Indexing Strategy)
22
23---
24
25## Required Sections (18-Section Framework)
26
27### 1. Agreement
28
29- "By accessing or using [domain], you agree to be bound by these Terms"
30- "If you do not agree, please do not use the service"
31- Reference to other incorporated documents (Privacy Policy, AUP, Community Guidelines)
32
33### 2. The Service
34
35- What the product does in one paragraph
36- **Fair-use limits**: If applicable, state daily/monthly quotas with rationale ("to keep the service fair and available for all users")
37- Whether the service is free or paid
38
39### 3. Eligibility
40
41- Minimum age: 13 (US/COPPA) or 16 (EEA/GDPR)
42- Statement: "By using [Product], you confirm that you meet this age requirement"
43- Additional restrictions if applicable (e.g., not available in certain countries)
44
45### 4. No Accounts (If Applicable)
46
47For products without user accounts:
48- "No account or sign-up is required"
49- User is solely responsible for: content submitted, output generated, compliance with these Terms each session
50- User bears the risk of browser/local data loss
51
52For products with accounts:
53- Account security: user responsible for credentials, notify of unauthorized access
54- Accurate information: provide truthful registration data
55
56### 5. Acceptable Use
57
58List specific prohibited content and behaviors:
59
60**Prohibited Content**:
61- Illegal content under applicable law
62- Child sexual abuse material (CSAM) or content exploiting minors
63- Content that infringes intellectual property, privacy, or publicity rights
64- Content that promotes violence, harassment, or hate
65
66**Prohibited Behaviors**:
67- Scraping, crawling, or automating access beyond normal browser use
68- Attempting to bypass quotas, rate limits, or security measures
69- Reverse engineering, decompiling, or jailbreaking the service
70- Submitting URLs or content the user does not have the legal right to access or reproduce
71- Using the service for high-risk automated decisions affecting individuals
72
73**Enforcement**: Right to investigate, block IPs/sessions, and take legal action.
74
75### 6. Your Content
76
77- User retains ownership of submitted content (URLs, prompts, uploads)
78- User grants a **limited, non-exclusive, request-scoped license** to process content solely to provide the service
79- Statement: "We do not store Your Content after the request completes" (if true)
80- Statement: "We do not use Your Content to train AI models" (if true — significant trust signal)
81- User warrants they have the right to submit the content and doing so doesn't violate third-party rights
82
83### 7. Generated Output
84
85- **Ownership**: User owns the output and may use it for any lawful purpose, including commercial use
86- **AI caveat**: Because output is AI-generated, user is responsible for:
87 - Verifying accuracy, artifacts, mis-rendered text
88 - Ensuring output doesn't infringe third-party trademarks, copyrighted imagery, or likenesses
89 - Complying with terms of any website whose URL was submitted
90- **Copyright note**: AI-generated content may not qualify for copyright protection in all jurisdictions
91- **Image disclaimer**: AI-generated images are not photographs of real individuals; resemblance is coincidental
92
93### 8. AI Disclaimer (Standalone Section)
94
95- "Output is produced by probabilistic AI models"
96- "May contain artifacts, inaccuracies, hallucinated text, or unexpected visual results"
97- "Verify all content before publishing"
98- "[Product] is a creative tool, not a source of factual representation"
99- Not liable for decisions made based on AI output
100
101### 9. Third-Party Services
102
103- List AI model providers used (Google Gemini, OpenAI, etc.)
104- **Their terms also apply**: Users' data submitted for generation is subject to those providers' terms and policies
105- Link to each provider's Terms of Service and Privacy Policy
106- For API/enterprise products: note sub-processor commitments and DPA availability
107
108### 10. Free Service / No SLA (If Applicable)
109
110For free products:
111- "Provided free of charge on a best-effort basis"
112- No guarantee of: uninterrupted operation, feature availability, response time, output quality
113- "We may rate-limit, suspend, or discontinue features at our discretion without prior notice"
114- Not liable for unavailability or discontinuation
115
116For paid products:
117- Uptime commitment (e.g., 99.9% SLA)
118- Service credits for downtime
119- Scheduled maintenance windows
120
121### 11. Intellectual Property
122
123- Operator owns: name, logo, website design, source code, UI, templates, curated content
124- User-owned items explicitly excluded: user-submitted content and user-generated output
125- No license to copy, modify, or redistribute operator IP without permission
126
127### 12. Termination
128
129- Operator may block IPs/sessions that violate §5 (Acceptable Use)
130- Termination does not affect provisions that by nature survive (disclaimers, liability, indemnity, governing law)
131- For account-based products: user may terminate by deleting account; operator may terminate for ToS violations
132
133### 13. Disclaimer of Warranties
134
135Standard US-style all-caps paragraph:
136
137"THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. [PRODUCT] DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE, APPROPRIATE, OR FREE OF INFRINGING CONTENT."
138
139### 14. Limitation of Liability
140
141- To maximum extent permitted by law, operator not liable for indirect, incidental, special, consequential, or punitive damages
142- Total liability capped at a specific amount (e.g., USD $100 for free tools; amount paid in last 6–12 months for paid tools)
143- **Jurisdictional carve-out** (mandatory): "Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, the operator's liability is limited to the maximum extent permitted by law, and the above limitations may not apply to you."
144
145### 15. Indemnity
146
147- User indemnifies operator against claims, damages, liabilities, and expenses (including reasonable legal fees) arising from:
148 - User's submitted content
149 - User's use of generated output
150 - User's violation of these Terms
151 - User's violation of third-party rights or applicable law
152
153### 16. Governing Law & Venue
154
155Three patterns to choose from:
156
157**Single Jurisdiction**:
158"These Terms are governed by the laws of [State/Country], without regard to conflict-of-law principles. Disputes will be brought exclusively in [courts of County/City]."
159
160**Dual Jurisdiction (Fallback)**:
161"These Terms are governed by the laws of [Primary Jurisdiction]. Disputes will be brought exclusively in [Primary Courts]. Where a party is unable to bring a claim in [Primary Jurisdiction] (for example, due to jurisdictional limitations), the parties consent to [Alternate Courts] as the alternate forum."
162
163**Arbitration**:
164"Disputes will be resolved through binding arbitration administered by [JAMS/AAA/SIAC] under its [applicable rules]. Users may opt out of arbitration within 30 days of first using the service."
165
166### 17. Changes
167
168- "We may update these Terms from time to time"
169- "Material changes will be posted with a new 'Last updated' date"
170- **Critical clause**: "Your continued use of [Product] after changes are posted constitutes acceptance of the revised Terms"
171- For significant changes: consider email notification, in-app banner, or re-acceptance flow
172
173### 18. Contact
174
175- Email address for Terms-related questions
176- **DMCA/Copyright complaint channel** (for US-hosted sites): designated email or form for takedown requests
177- For account-based products: support channel for account issues
178- Response timeframe expectation
179
180---
181
182## AI Clauses — Minimum Requirements
183
184For any product using AI models, these clauses are mandatory:
185
186### In §6 (Your Content)
187- Limited license: "solely to process Your Content during your request — to generate output and return the result"
188- "We do not store Your Content after the request completes" (if true)
189- "We do not use Your Content to train AI models" (if true)
190
191### In §7 (Generated Output)
192- User owns output; may use commercially
193- User responsible for verifying output before publishing
194- Copyright ambiguity note: AI-generated content may not be copyrightable
195
196### In §8 (AI Disclaimer)
197- Probabilistic; may contain artifacts
198- Verify before use
199- Not a source of factual truth
200
201### In §9 (Third-Party Services)
202- Name the AI model providers
203- Their terms also apply to the user
204- Link to provider terms
205
206### 2025–2026 Regulatory References to Flag
207- **EU AI Act** (full enforcement Aug 2026): GPAI providers must disclose training data; AI systems must inform users of AI interaction
208- **Connecticut CTDPA** (Jul 2026): LLM training use must be disclosed
209- **California SAM §4986.10**: AI-generated content must be labeled
210- **India DPDP Act** (phased 2025–2027): under-18 parental consent; significant data fiduciary obligations
211
212---
213
214## Product-Category Adjustments
215
216| Category | Add | Remove |
217|---|---|---|
218| **Free Anonymous** | §4 No Accounts (full), §10 Free/No SLA | §5 Account security sub-section, payment references |
219| **Free with Account** | §4 Account security, §12 Account termination | Payment references |
220| **Freemium / Subscription** | Payment terms, auto-renewal, cancellation, refund policy link | §10 Free/No SLA (replace with paid SLA) |
221| **Enterprise / B2B** | DPA reference, sub-processor list, security certifications, custom retention | §2 Fair-use limits, §10 Free/No SLA |
222| **API / Developer** | Rate limits, API key security, data processor role, uptime SLA | §4 No Accounts (replace with API key management) |
223| **Marketplace** | Content moderation, takedown process, submitter licenses, third-party disclaimer | — |
224| **E-commerce** | Refund policy link, shipping policy link, consumer rights | §7 Generated output (unless AI features exist) |
225
226---
227
228## Content Principles
229
230- **Plain language**: Explain legal obligations in terms a user can understand
231- **Be specific about AI**: Don't bury AI caveats in a generic "disclaimer" — give them standalone sections
232- **Jurisdictional carve-out**: Always include the "some jurisdictions do not allow" safety valve in §14
233- **"Continued use = acceptance"**: Always include in §17
234- **DMCA contact**: Always include for US-hosted sites
235- **Structure**: Numbered sections, scannable headings — users (and courts) should find clauses quickly
236- **"Last updated" date**: Prominently at the top
237- **Legal review**: Recommend lawyer review for jurisdiction-specific enforceability
238
239---
240
241## Placement
242
243- **Footer**: Link on every page
244- **Signup flow**: Require checkbox acceptance before account creation
245- **Checkout**: Link before purchase confirmation
246- **API onboarding**: Acceptance required before key issuance
247
248---
249
250## Output Format
251
252- **Complete section outline**: All applicable sections from the 18-section framework
253- **Key points per section**: What each clause must cover; sample language for critical clauses
254- **Product-category adjustments**: Which sections to add or skip
255- **AI clause block**: Full language for §6, §7, §8, §9 when AI is involved
256- **Governing law recommendation**: Based on operator and user locations
257- **Disclaimer**: Recommend legal review
258
259---
260
261## Related Skills
262
263- **legal-page-generator**: Terms is a legal page type; product categories, jurisdiction framework, platform dependencies
264- **privacy-page-generator**: Often linked together; AI disclosures in Privacy complement AI clauses in Terms
265- **contact-page-generator**: Contact for Terms questions
266- **indexing**: Index strategy for legal pages