Terms of Service and Website Disclaimers Explained

Terms of service (also called terms of use or terms and conditions) set the rules for using your website and, for shops, for buying from you. Disclaimers limit what you promise. Together, they set expectations and reduce misunderstandings. This is a general overview, not legal advice. Have a qualified professional review anything important.

Terms for a website vs terms of sale

Website terms govern use of the site: acceptable behavior, ownership of content, links to other sites, and limits on your liability for the information provided.

Terms of sale or service agreements govern purchases and projects: prices, payment, delivery, refunds, warranties, and cancellations. An online shop needs terms of sale. A service business usually needs a written agreement for each client project. See website contract checklist.

You can see an example of plain-language website terms in our own Terms of Service.

What website terms usually cover

• Who you are, and what the terms apply to
• Acceptable use: no unlawful use, hacking, scraping, or spam
• Intellectual property: you own your content, and what visitors may do with it
• Third-party links and content: you're not responsible for other sites
• User submissions: what happens to comments, reviews, or form entries
• Disclaimers: the site and its content are provided "as is"
• Limitation of liability: limits on what you're responsible for, to the extent the law allows
• Changes: that you may update the terms
• Termination: your right to block access
• Governing law: which country or state's law applies
• Contact details

Common disclaimers

No professional advice. If you publish guides about law, finance, health, accessibility, or taxes, say the content is general information and not professional advice. This matters for articles on topics like accessibility laws and sales tax.

No guarantee of results. Don't promise rankings, sales, or outcomes you can't control.

Accuracy and currency. Information may change, and you don't guarantee completeness.

External links. You don't endorse third-party sites.

Affiliate or sponsored content. If you earn from referrals or sponsorship, disclose it clearly near the content, as rules in many places require.

Testimonials and results. Individual results vary, and testimonials reflect real experiences. Don't use disclaimers to excuse misleading claims. See how to collect and use testimonials.

Limits of disclaimers

Disclaimers can't remove rights that the law protects, such as consumer rights or liability for fraud or negligence in some cases. A disclaimer won't rescue a misleading claim. Honest content matters more than legal wording.

Make terms enforceable

How people agree matters:

• Clickwrap: people actively tick a box or click "I agree" before proceeding. This is the most reliable way to show agreement, and fits checkout and sign-up.
• Browsewrap: terms are available by a link, and use of the site implies agreement. This is weaker, particularly if the link is hard to find.

Make terms easy to find, with a link in the footer and at checkout and signup. Write in plain language. Keep dated versions and tell people about significant changes. See website footer best practices.

Pair them with your other policies

• Privacy policy. See privacy policy basics, GDPR, and US state privacy laws
• Returns and shipping policy for shops. See shipping and returns pages
• Accessibility statement. See how to write an accessibility statement
• Cookie notice, where needed

Templates vs professional advice

Templates are a starting point, but terms should fit your actual business: what you sell, where, and to whom. Don't copy another company's terms wholesale, since they may not match your practices, and may be someone else's copyright. For shops, subscriptions, regulated services, or higher-risk activities, pay a professional to review or draft them.

Keep them honest and current

Terms that describe practices you don't follow are worse than none. Review them when your business changes. See website maintenance checklist.

The bottom line

Write clear terms for your site and sales, use disclaimers honestly, make agreement obvious, and get a professional to review them. Plain language and honest practices are your best protection.