What are Terms and Conditions?
Terms and Conditions — also called Terms of Service or Terms of Use — are the agreement between you and the people who use your website or app. They set the rules for using your service, explain payments and refunds, protect your content and brand, limit your liability, and decide which country’s law applies if something goes wrong.You can create a complete, original draft in about five minutes with the free Terms and Conditions Generator on Fah Swe Tools — no signup, no watermark.
Terms and Conditions vs. Privacy Policy
They do different jobs, and most sites need both:
- Privacy Policy — explains what personal data you collect, why, who you share it with and what rights users have. Often legally required (GDPR, CCPA, app stores, Google AdSense).
- Terms and Conditions — the contract: rules, payments, refunds, ownership, liability and disputes. Not always legally required, but it is your main legal protection.
Generate both free: the Privacy Policy Generator and the Terms and Conditions Generator, then link each one from the other and from your site footer.
The core clauses every Terms document needs
Big companies structure their Terms in a similar way. A strong document includes:
- Acceptance — using the service means agreeing to the Terms.
- Changes — how and when you will notify users about updates (for example, 30 days before material changes).
- Eligibility — minimum age and legal capacity.
- Accounts — keeping logins secure and accurate.
- Acceptable use — what is not allowed: illegal activity, malware, harassment, scraping, reverse engineering.
- Intellectual property — your content, brand and software belong to you.
- Termination — when you can suspend or close accounts.
- Disclaimers — the service is provided “as is”.
- Limitation of liability — a cap on what you can owe if something goes wrong.
- Indemnification — users cover costs caused by their misuse.
- Governing law and disputes — courts, mediation or arbitration.
- General terms — severability, entire agreement, assignment, no waiver.
- Contact details — how users reach you.
Extra clauses by business type
This is where generic templates fail. Your Terms should match how your business actually works. The generator supports 16 business types that you can combine:
Online stores (e-commerce)
Pricing errors, when an order becomes a contract, shipping estimates, risk of loss, returns window and who pays return shipping.
SaaS and subscriptions
Auto-renewal disclosure, free trials, easy online cancellation, notice before price increases, and customer data ownership and export. Many auto-renewal laws require clear disclosure before purchase and cancellation that is as easy as signing up.
Marketplaces
State that the contract is between buyer and seller, list seller obligations (accurate listings, legal products, consumer law), fees and payouts, and how disputes between users are handled.
Communities and user-generated content
Users keep ownership of their posts but grant you a licence to host and display them. Add moderation, reporting and a copyright (DMCA) takedown process with a designated agent email.
AI tools and APIs
AI output can be wrong — say so. Clarify who owns outputs, list prohibited AI uses (deepfakes, malware, spam), and for APIs cover keys, rate limits and acceptable integrations.
Mobile apps and games
Apple requires certain minimum terms if you use a custom licence agreement (for example, that Apple is not responsible for support and is a third-party beneficiary). Games should explain that virtual items have no cash value.
Courses, membership, booking, services and non-profits
Personal course licences, membership benefits, booking cancellation rules, statements of work for services, and non-refundable donations.
Consumer law always wins
Your Terms cannot remove rights that consumer law gives people. For example, consumers in the EU and UK generally have a 14-day right of withdrawal for online purchases, and “all sales final” cannot override that. Arbitration clauses and class-action waivers are mainly a U.S. practice and usually cannot bind EU or UK consumers. The generator adds these exceptions automatically.
How to use the generator
- Open the free Terms and Conditions Generator.
- Step 1: enter your website or app name, legal business name, country and effective date.
- Step 2: tick your business types, minimum age, accounts and user-content options.
- Step 3: add what you sell, your refund policy, subscriptions and free trials.
- Step 4: choose governing law, courts or arbitration, liability cap, extra clauses and contact details.
- Step 5: preview, check the readiness score, then download HTML, embed code, Markdown or TXT — or copy and print to PDF.
Each section includes an optional “In short” plain-English summary, plus a “Key terms at a glance” box and a clickable table of contents — the style used by user-friendly big brands.
Make your Terms enforceable
- Show a clickwrap checkbox (“I agree to the Terms and Privacy Policy”) at sign-up and checkout.
- Keep a record of which version each user accepted.
- Link the Terms in your footer, app settings and checkout.
- Announce material changes in advance.
- Review your Terms whenever you add a new product, payment model or country.
Common mistakes
- Copying a competitor’s Terms — they describe their business, and copying may infringe copyright.
- Selling subscriptions without clear renewal and cancellation terms.
- Letting users post content without a copyright takedown process.
- Forgetting app store terms for a mobile app.
- Never updating the document after launch.
Bottom line
Clear Terms and Conditions protect your business and build user trust. Start with an original draft that matches your real business, pair it with a privacy policy, and have a qualified lawyer review it before publishing.
Try the Free Terms and Conditions Generator
Create your Terms now with the free Terms and Conditions Generator — 16 business types, 50+ clauses, no signup. Not legal advice.
Also useful for launches: Privacy Policy Generator, Meta Tag Generator and UTM Builder.