Tech, AI and SaaS
Terms of service
For your website, app or platform. Terms for your customers, users and partners.
What it is
Terms of service are the contract between your company and the people who use your website, app or platform. They set the rules for accounts and acceptable use, who owns user content, subscriptions and cancellation, suspension, disclaimers, limits on liability and which law governs, written for how your product actually works.
No Canadian law requires every website to have terms of service, but they are what you rely on when a user misuses the product, disputes a charge or claims a loss. Selling online to Ontario consumers also brings in Consumer Protection Act rules your terms and checkout must meet, and terms copied from another company describe someone else’s product and may be protected by copyright.
You likely need this if
- You’re launching a website, app or platform to the public
- Users create accounts, post content or pay you
- You’re selling subscriptions or products online to consumers
- You’re adding AI features that generate output or use customer data
- Shopify, Stripe or an app store asked for your terms, refund or cancellation policy
- An enterprise customer or investor asked to see your customer terms
- You’re relying on a template or another company’s terms
- Your product or pricing has changed since the terms were written
What the starting price includes
- Terms of service or terms of use for one website or product
- One round of revisions
What can change the price
- Subscriptions or online sales
- Marketplace or user-generated content features
We tell you before doing anything outside the agreed scope, and agree the fee first.
Terms you’ll hear
Often needed with it
Questions founders ask
Are terms of service legally required in Canada?
No general law requires them, but most products with accounts, payments or user content need them in practice. Shopify requires its merchants to post terms of service, and selling online to Ontario consumers brings in disclosure rules under the Consumer Protection Act, 2002.
What is the difference between terms of service, terms of use and terms and conditions?
Legally, none. They are names for the same kind of contract. What matters is what the terms say and how users accept them.
How should users accept the terms?
A clickwrap flow, where users take an active step such as ticking a box or clicking to agree, gives you a much better record than a link in the footer. Keep a record of which version each user accepted and when.
Can terms of service limit my liability to consumers?
Only within limits. In Ontario, consumers’ rights under the Consumer Protection Act, 2002 apply despite any waiver, an arbitration clause can’t stop a consumer suing in court under the Act, and services are deemed to be of reasonably acceptable quality.
Do I need terms of service or a SaaS agreement?
Terms of service fit products used by the public or by self-serve customers. Business customers usually expect a SaaS or master services agreement, where fees, uptime, security and liability are negotiated. Many companies have both.
Does a marketplace cost more?
It can. Marketplace and user-generated content features need added terms, and any change to the fee is quoted before work starts.
General information, not legal advice.
How it works
- A free 15-minute call. What you’re building and what you need.
- A written scope and fixed fee. Before any work starts.
- A short, tailored intake. A few focused questions for your matter, so we start with what we need.
- Drafting or review. Most work is back within three business days.