Can I use a free terms of service generator for a real business?

Yes, with one caveat. A well-built generator produces a template that reflects widely accepted drafting patterns and current case law, and for most early-stage businesses that's the right starting point. The caveat is that a generator cannot know your specific business model, regulated-industry obligations (HIPAA, PCI-DSS, GLBA), or the particular risks your business is exposed to. For regulated industries, enterprise deals with heavy indemnification, or unusual business models, have a qualified attorney review the generated output before publishing. The UDT generator produces a strong template; it is not a substitute for counsel on non-standard situations.

What's the difference between Terms of Service, Terms and Conditions, and Terms of Use?

Nothing meaningful. 'Terms of Service' (ToS), 'Terms and Conditions' (T&Cs), and 'Terms of Use' (ToU) are interchangeable labels for the same document — a contract between a service provider and its users. Apple calls it Terms of Service; Google calls it Terms of Service; Amazon calls it Conditions of Use. Some sites use 'Terms of Use' for browsing terms and a separate 'Terms of Service' for account/subscription terms, but legally it's all one contract family. Use whichever label fits your brand voice. What matters is the clauses, not the name.

Is binding arbitration actually enforceable against consumers?

Generally yes, if the clause is properly drafted and presented. Courts consistently uphold arbitration clauses in clickwrap agreements where the user clicked 'I agree' and the terms were reasonably accessible (Meyer v. Uber, Cullinane v. Uber, Meyer v. Uber again). Courts reject them where notice was insufficient (Specht v. Netscape), where the clause is unconscionable, where there's no opt-out mechanism, or where the scope sweeps in claims unrelated to the contract (this is what California SB 82 now codifies). An arbitration clause with a 30-day opt-out, a narrow scope, and a conspicuous 'I agree' button is very likely enforceable; a buried browsewrap clause with a sweeping scope is very likely not.

What happens if I don't have Terms of Service?

You're relying on default law and the wild west, which cuts both ways. On one hand, default contract law, copyright law, and consumer-protection statutes still apply. On the other hand, you lose everything a ToS gives you: limitations of liability, warranty disclaimers, arbitration, class-action waivers, jurisdiction selection, clear acceptable-use rules, IP protections for your content, a DMCA safe-harbor path if users upload content, and clear termination rights. Practical consequences: app stores will reject you (Apple, Google, Stripe, and most B2B partners require ToS), investors will flag it in due diligence, and any dispute defaults to the most plaintiff-friendly forum available. A ToS is cheap insurance — there's no good reason not to have one.

How often should I update my Terms of Service?

Review at least annually. Update sooner whenever any of these change: you add a new product or business model, you add AI features, you change pricing or billing, you expand to a new country or US state, you add user-generated content or a marketplace feature, you change dispute-resolution venue, or when major case law or statutes change (2026 examples: California SB 82, EU AI Act enforcement, FTC click-to-cancel rulings). Under most consumer-protection laws, material changes require reasonable advance notice to existing users — typically email, in-app notification, or a prominent banner. The UDT generator's JSON export makes updating cheap: load your saved config, change the clauses that need changing, re-export.

Do I need separate Terms of Service and Privacy Policy?

Yes. They serve different legal purposes and are required by different laws. The Privacy Policy discloses data practices (what you collect, why, who you share with) — mandated by GDPR, CCPA, and most modern privacy laws. The Terms of Service is the contract governing the user-service relationship (acceptable use, liability, IP, disputes) — not legally required in most places, but universally expected and practically necessary. Don't combine them into one document: courts and regulators expect a distinct Privacy Policy that users can find and read on its own, and commingling makes both documents harder to update. The UDT generators treat them as separate documents with cross-references between them.

How to Write Terms of Service (2026 Guide)

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