Terms of Service
& Privacy Policy

Yes, if you have users. Terms of Service are the contract between your platform and your users. Without them you have no legal basis to moderate content, suspend accounts, limit liability, or protect your IP. App store guidelines also require terms for apps that collect user data or allow user-generated content.

They are different names for similar contracts, used in different contexts. Terms of Service (ToS) typically covers SaaS and platform services. Terms of Use (ToU) is common for websites and content platforms. Terms and Conditions (T&Cs) is the British equivalent and common for e-commerce. End User License Agreement (EULA) governs software licensing specifically. Substantively, they overlap heavily. We draft what fits your product.

You can, and many founders do. The templates work until they don't. Templates assume someone else's business model and miss your actual data flows, your specific user types, your platform's edge cases, and your jurisdiction. The first dispute is where the gap shows up. Custom drafting closes the gap before it costs you.

Yes, if you contract with Quebec consumers. Quebec's Charter of the French Language and Law 25 require contracts of adhesion (standard-form contracts offered without negotiation) to be available in French. A platform that only offers English Terms to Quebec consumers risks unenforceability and regulatory penalty. The Platform Stack tier includes the French-language version.

It depends on your users. CCPA (now amended by CPRA) applies if you collect data from California residents. The January 1, 2026 CPPA regulations added detailed disclosure, contracting, and risk-assessment obligations on top. PIPEDA applies federally across Canada. Quebec Law 25 layers on with French-language and consent rules stricter than CCPA. GDPR applies if you serve EU residents. We draft a single policy that satisfies all applicable regimes when your audience spans them.

Yes, when AI features change how data is used. If you train a model on user input, the Terms must say so. If users see AI-generated output, the Privacy Policy must address ownership and disclaim hallucinations. The AI Platform Addendum updates both documents together so your data flows are documented and disclosed.

An Acceptable Use Policy (AUP) defines what users may and may not do on your platform: prohibited content, prohibited uses, and consequences for violations. The AUP is the contractual foundation for content moderation and account suspension decisions. It also establishes that banned users had notice of the rules. Most platforms with user-generated content benefit from one.

It caps the amount you can be sued for, typically the amount the user paid in the last 12 months. It also disclaims certain damage categories (consequential, indirect, punitive). Without a limitation of liability clause, a user dispute can expose you to claims for any economic loss they attribute to your platform. The clause is one of the highest-leverage parts of your Terms.

Annual review at minimum. Review whenever you add a significant feature, change your data practices, enter a new jurisdiction, or face a new regulation. The California Privacy Protection Agency treats failure to update privacy notices annually as an enforcement target, and 2026 enforcement actions reinforce this. Each material update should notify users; significant changes should require re-acceptance to remain enforceable.

This page covers the public-facing Terms of Service and Privacy Policy your platform shows users. Data Processing Agreements covers the back-office contracts with vendors and processors: DPAs, sub-processor flow-downs, and cross-border data transfer mechanisms (SCCs). See our Data Processing Agreements page for that side.