Quick answer
Terms and conditions, also called terms of service or terms of use, are the contract between you and the people who use your website or app: the rules, payments, who owns content, the limits of your liability and how disputes are resolved. Playxoft's free terms and conditions generator asks how your product works and assembles matching clauses as HTML, Markdown or plain text. Terms bind users best when people actively agree, for example with a checkbox. It is a template, not legal advice.
- Terms of service and terms of use
- Accounts and user content
- Subscriptions and refunds
- Virtual items and loot boxes
- Governing law and liability cap
- HTML, Markdown and text
How to use the Terms and Conditions Generator
- 1In Product, choose what the terms cover (a website, an app, a game or desktop software) and name it.
- 2In Publisher, add your business name, contact email and country.
- 3In Features, turn on accounts, payments (one-time, subscription or in-app), your refund policy and user content as they apply.
- 4In Rules, set the minimum age, the governing law, where disputes are heard and your liability cap.
- 5Fix anything flagged in Review, then copy or download the terms and ask users to accept them at sign-up or checkout.
Do I need terms and conditions?
Unlike a privacy policy, terms and conditions are rarely required by law. But any site or app that takes payments, runs user accounts or lets people post content carries real risk without them. Good terms let you:
- Set the rules, and suspend or close accounts that break them
- Keep ownership of your brand, code and content, and get a license to host what users upload
- Explain prices, renewals, cancellations and refunds
- Disclaim warranties and limit your liability, as far as the law allows
- Choose the governing law, and the courts or arbitration that handle disputes
Sometimes they are required. Apple requires apps with auto-renewable subscriptions to link their terms of use in the app and in its App Store metadata (Apple). In the EU, the Digital Services Act requires intermediary services, including platforms that host user content, to explain in their terms any restrictions on what users may post and how they moderate it.
Terms and conditions vs terms of service vs terms of use: what's the difference?
Legally, nothing. The names are interchangeable; what matters is what the document says and how users agree to it. Usage is only a loose convention:
| Name | Often used by |
|---|---|
| Terms and conditions | Online stores and general websites |
| Terms of service | SaaS products, apps and online services |
| Terms of use | Content sites and apps; Apple's wording for subscription apps |
| EULA | Installed software and games: a license rather than service rules (see the EULA generator) |
Pick one name and use it everywhere: the page title, the footer link and the sign-up checkbox. Your privacy policy is a separate document; link the two from each other.
What should terms and conditions include?
| Clause | What it does | Include it when |
|---|---|---|
| Acceptance and eligibility | Who may use the service, the minimum age, and how they agree | Always |
| Accounts | Accurate details, keeping credentials safe, your right to suspend | Users sign up |
| Acceptable use | What users may not do: abuse, scraping, illegal content, attacks | Always |
| User content | Users keep ownership but grant you a license to host and show it; you may remove it | Users post anything |
| Payments and subscriptions | Prices, billing cycle, automatic renewal, cancellation, refunds | You charge money |
| Intellectual property | You own the service, brand and code | Always |
| Third-party services | You are not responsible for linked sites and integrations | You link out or integrate |
| Disclaimers and liability | The service is provided as is; liability is capped | Always |
| Termination | How either side can end the agreement | Always |
| Governing law and disputes | Which law applies and where disputes go | Always |
| Changes | How you update the terms and tell users | Always |
The generator assembles the clauses that fit your answers; read each one and change anything that does not match how you actually run the business.
Are terms and conditions legally binding? Clickwrap vs browsewrap
Usually, if users had reasonable notice of the terms and clearly agreed to them. How you present the terms matters as much as what they say:
- Clickwrap: the user ticks a box or presses a button next to a clear statement such as "I agree to the Terms of Service". Courts generally enforce these.
- Sign-in wrap: a notice such as "By creating an account, you agree to our Terms" right next to the button. Often enforced when the notice is clear and close to the action.
- Browsewrap: a link in the footer and nothing else. In Nguyen v. Barnes & Noble (9th Cir. 2014), the court refused to enforce terms offered only through links, even links near the checkout buttons, because users were never asked to agree (opinion).
Record which version each user accepted and when, and ask for agreement again when you make material changes.
What can't terms and conditions do?
Consumer law overrides your terms, so a clause that goes too far is simply not enforceable:
- In the EU, unfair terms in consumer contracts do not bind the consumer, and written terms must be in plain, intelligible language (Unfair Contract Terms Directive).
- In the UK, a business cannot exclude or restrict liability for death or personal injury caused by negligence (Consumer Rights Act 2015, section 65).
- EU consumers can usually withdraw from an online purchase within 14 days. For digital content supplied immediately, that right ends only if the buyer expressly agreed to immediate supply and acknowledged losing it (Consumer Rights Directive).
Write limits "to the extent permitted by law", and keep your refund rules consistent with the app stores you sell through. The generator gives you a complete, readable draft; it is a template, not legal advice, so have a lawyer check the liability and dispute clauses if you sell to businesses or at scale.
Frequently asked questions
Last updated by the Playxoft engineering team.