Terms of Service

Last updated:

These Terms of Service ("Terms") govern your access to and use of the [COMPANY_NAME] platform and services (the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

Important Notice

Please read these Terms carefully before using our Service. These Terms contain important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

1. Acceptance of Terms

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of the Service, including registered users and visitors.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

2. Description of Service

[COMPANY_NAME] provides a Software-as-a-Service (SaaS) platform that offers:

  • User authentication and account management
  • Dashboard and analytics features
  • Subscription-based access to premium features
  • Integration with third-party services
  • Customer support and documentation

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Be at least 13 years of age (or 16 in the EU)
  • Have the legal capacity to enter into a binding contract
  • Use the Service only for lawful purposes and in accordance with these Terms

3.2 Account Security

You are responsible for:

  • Safeguarding your account credentials and authentication tokens
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Not sharing your account credentials with others
  • Not allowing others to use your account

We are not liable for any loss or damage arising from your failure to maintain the security of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, if we believe you have violated these Terms or engaged in unlawful or harmful conduct.

4. Subscription Plans and Billing

4.1 Subscription Plans

We offer different subscription plans with varying features and pricing:

  • Free Plan: Limited features with no payment required
  • Pro Plan: Full access to premium features for a monthly or annual subscription fee

Detailed pricing and plan features are available on our website. We reserve the right to change our pricing and plans at any time, with notice to existing subscribers.

4.2 Payment Terms

By subscribing to a paid plan, you agree to the following:

  • Payment Processing: All payments are processed securely through Stripe
  • Recurring Charges: Your subscription will automatically renew at the end of each billing period unless cancelled
  • Payment Method: You authorize us to charge your payment method on file for all applicable fees
  • Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying
  • Currency: All prices are in USD unless otherwise stated

4.3 Billing Cycle

Subscriptions are billed on a monthly or annual basis, depending on your selected plan. Billing occurs automatically on the same day of each billing period. If a billing date falls on a day that does not exist in a given month (e.g., 31st), billing will occur on the last day of that month.

4.4 Failed Payments

If a payment fails for any reason:

  • We will attempt to charge your payment method multiple times
  • You will receive email notifications about failed payments
  • Your access to premium features may be suspended until payment is successful
  • Your subscription may be cancelled after repeated failed payment attempts

4.5 Price Changes

We may change subscription pricing at any time. For existing subscribers:

  • We will provide at least 30 days advance notice of price increases
  • The new pricing will take effect at your next billing cycle
  • You may cancel your subscription before the price change takes effect
  • Continued use of the Service after a price change constitutes acceptance

5. Cancellation and Refunds

5.1 Cancellation by User

You may cancel your subscription at any time through:

  • Your account settings dashboard
  • The Stripe Customer Portal
  • Contacting our support team at [CONTACT_EMAIL]

Upon cancellation:

  • You will retain access to premium features until the end of your current billing period
  • No further charges will be made to your payment method
  • Your account will automatically downgrade to the Free plan (if available) at the end of the billing period
  • You may reactivate your subscription at any time

5.2 Refund Policy

All subscription fees are non-refundable except:

  • As required by applicable law
  • In cases of service outages or unavailability exceeding our Service Level Agreement (if applicable)
  • At our sole discretion on a case-by-case basis

To request a refund, contact us at [CONTACT_EMAIL] with your account details and reason for the request.

5.3 Cancellation by Us

We may suspend or cancel your subscription immediately if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • Your payment method fails repeatedly
  • We are required to do so by law or court order

In the event of cancellation for cause, you will not be entitled to a refund of any prepaid fees.

6. Acceptable Use Policy

You agree not to use the Service to:

6.1 Prohibited Conduct

  • Violate any applicable laws, regulations, or third-party rights
  • Infringe intellectual property rights of others
  • Upload or distribute viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to our systems or user accounts
  • Interfere with or disrupt the Service or servers
  • Use automated means (bots, scrapers) to access the Service without permission
  • Engage in spamming, phishing, or fraudulent activities
  • Harass, abuse, threaten, or defame other users
  • Impersonate any person or entity
  • Collect or harvest personal information of other users

6.2 Prohibited Content

You may not upload, post, or transmit content that:

  • Is illegal, harmful, threatening, abusive, or hateful
  • Violates privacy rights or contains personal information without consent
  • Contains obscene, pornographic, or sexually explicit material
  • Promotes violence, discrimination, or illegal activities
  • Infringes copyrights, trademarks, or other intellectual property rights
  • Contains false, misleading, or deceptive information

6.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including:

  • Removing or disabling content
  • Suspending or terminating accounts
  • Reporting violations to law enforcement
  • Taking legal action

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by [COMPANY_NAME] and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

  • Copy, modify, distribute, sell, or lease any part of our Service
  • Reverse engineer or attempt to extract source code
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our trademarks or branding without prior written permission

7.2 Your Content

You retain all rights to content you create, upload, or submit to the Service ("User Content"). By submitting User Content, you grant us:

  • A worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely to provide and improve the Service
  • The right to use your feedback and suggestions without compensation or attribution

You represent and warrant that:

  • You own or have the necessary rights to all User Content you submit
  • Your User Content does not violate any third-party rights
  • You have obtained all necessary permissions and consents

7.3 DMCA Compliance

We respect intellectual property rights. If you believe content on our Service infringes your copyright, please contact us at [CONTACT_EMAIL] with:

  • Description of the copyrighted work claimed to be infringed
  • Location of the infringing material
  • Your contact information
  • A statement of good faith belief that use is not authorized
  • A statement that the information is accurate and you are authorized to act
  • Your physical or electronic signature

8. Third-Party Services and Links

Our Service integrates with and may contain links to third-party services, including:

  • Stripe: Payment processing and billing
  • Google: OAuth authentication
  • Resend: Email delivery

Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for:

  • The availability, accuracy, or content of third-party services
  • Third-party practices, policies, or actions
  • Any damage or loss caused by third-party services

We do not endorse or assume responsibility for third-party services. Use them at your own risk.

9. Disclaimers and Warranties

Important Legal Notice

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, [COMPANY_NAME] disclaims all warranties, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties regarding the accuracy, reliability, or availability of the Service
  • Warranties that the Service will be uninterrupted, secure, or error-free
  • Warranties that defects will be corrected
  • Warranties regarding the results or outcomes from using the Service

We do not warrant that:

  • The Service will meet your specific requirements or expectations
  • The Service will be available at all times or in all locations
  • The data and content provided will be accurate or complete
  • Any errors or defects will be corrected in a timely manner

You acknowledge that you use the Service at your own risk. Some jurisdictions do not allow limitations on implied warranties, so some of these limitations may not apply to you.

10. Limitation of Liability

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY_NAME] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

This limitation applies to:

  • Any errors, mistakes, or inaccuracies in the Service
  • Personal injury or property damage resulting from your use of the Service
  • Unauthorized access to or use of our servers or your data
  • Interruption or cessation of the Service
  • Bugs, viruses, or harmful code transmitted through the Service
  • Loss of data, content, or User Content
  • Actions or omissions of third parties

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless [COMPANY_NAME], its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Your User Content
  • Your violation of applicable laws or regulations
  • Any fraudulent or illegal activity

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you will cooperate with our defense of such claims.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [JURISDICTION], without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing a claim, you agree to contact us at [CONTACT_EMAIL] and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

12.3 Arbitration

If the dispute cannot be resolved informally, you agree that any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except that:

  • Either party may seek injunctive or equitable relief in court
  • Disputes regarding intellectual property rights may be brought in court
  • Small claims court cases may proceed if they qualify

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of [ARBITRATION ORGANIZATION]. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

12.4 Class Action Waiver

You agree that any arbitration or proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.

12.5 Jurisdiction and Venue

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the courts located in [JURISDICTION], and you waive any jurisdictional, venue, or inconvenient forum objections.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in your settings
  • Contacting us at [CONTACT_EMAIL]

Upon termination, your access to the Service will cease, and your User Content may be deleted in accordance with our data retention policies.

13.2 Termination by Us

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including:

  • Breach of these Terms
  • Violation of applicable laws
  • Fraudulent, abusive, or illegal activity
  • Extended inactivity
  • Requests by law enforcement or government agencies
  • Discontinuation or material modification of the Service

13.3 Effect of Termination

Upon termination:

  • Your right to use the Service will immediately cease
  • You will no longer have access to your account or User Content
  • We may delete your data in accordance with our data retention policies
  • All provisions of these Terms that should survive termination shall survive (including disclaimers, limitations of liability, and indemnification)
  • You remain liable for all fees and charges incurred prior to termination

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

  • Posting the updated Terms on this page with a new "Last Updated" date
  • Sending you an email notification to your registered email address
  • Displaying a prominent notice on our Service

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service and may terminate your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and [COMPANY_NAME] regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms at any time without notice.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, pandemics, internet failures, or government actions.

15.6 Survival

All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

15.7 Headings

Section headings are for convenience only and shall not govern the interpretation of these Terms.

15.8 Export Compliance

You may not use or export the Service in violation of export control laws and regulations of your jurisdiction.

16. Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us:

[COMPANY_NAME]

Email: [CONTACT_EMAIL]

Support: Available Monday-Friday, 9 AM - 5 PM [TIMEZONE]

Disclaimer: This Terms of Service document is a template for informational purposes and may need to be customized for your specific business practices, jurisdiction, and legal requirements. Consult with a qualified attorney to ensure compliance with all applicable laws and regulations in your jurisdiction. This template should not be considered legal advice.