Term of Use
Terms of use that actually protect your platform — liability shields, user obligations and IP rights enforced by contract.
- Liability Shielded
- Your IP Protected
- Safe Harbour Preserved
What is Term of Use?
Your website or app's Terms of Use is the contract between you and every user — and the only thing standing between your business and user claims, content disputes, refund fights and platform abuse. Without enforceable terms, you absorb risks the law would happily let you contract away.
Taxwapsi drafts terms tailored to your model — SaaS, marketplace, content platform, e-commerce, service booking — covering account rules and acceptable use, licence to your content and IP protection, user-generated content rights and takedown, payment/refund/cancellation policies, disclaimers and limitation of liability, termination rights, governing law and dispute resolution.
For marketplaces and platforms hosting user content, we build the intermediary protections of the IT Act, 2000 and Intermediary Guidelines, 2021 into the document — due diligence obligations, grievance mechanisms and takedown processes that preserve your safe-harbour under Section 79.
Expert Pro Tip
Enforceability depends on assent — use a checkbox "I agree to the Terms" (clickwrap) at signup rather than a passive footer link (browsewrap). Indian and global courts treat clickwrap as a real contract; browsewrap routinely fails.
Choose Your Package
Transparent pricing — professional fee shown, government fees extra where noted.
Starter
Terms of use for one platform.
All Inclusive
Get StartedWhat you'll get
- Model-specific drafting
- Liability & IP protection
- Refund/cancellation clauses
- 2 rounds of revisions
- Clickwrap implementation guidance
Standard
Terms + privacy policy bundle.
All Inclusive
Get StartedWhat you'll get
- Everything in Starter
- Privacy policy drafted alongside
- Intermediary safe-harbour drafting
- Grievance mechanism setup
- Play/App Store compliance check
Pro
Full platform legal stack.
All Inclusive
Get StartedWhat you'll get
- Everything in Standard
- Seller/partner terms (marketplaces)
- Refund & shipping policy pages
- Community guidelines
- Annual terms review (1 year)
- Dedicated tech lawyer
* Timelines depend on government processing. T&C apply.
Benefits of Term of Use
Liability Shielded
Disclaimers, "as-is" provisions and liability caps that contract away risks the law lets you exclude.
Your IP Protected
Content, brand and software licensed to users on your terms — scraping, copying and misuse prohibited contractually.
Safe Harbour Preserved
IT Act Section 79 intermediary protections built in for platforms hosting user content.
Refund Disputes Pre-Empted
Payment, cancellation and refund rules stated clearly — chargeback and consumer-complaint exposure reduced.
Abuse Handled
Acceptable-use rules with suspension/termination rights against fraud, spam and misuse.
Model-Specific Drafting
SaaS, marketplace, content and booking platforms each need different terms — yours fit your model.
How It Works — Step by Step
- 1
Product WalkthroughDay 1
Your user journey, monetisation, content flows and risk points reviewed.
- 2
Terms DraftingDay 2
Terms drafted to your business model with all protective and compliance clauses.
- 3
Review & RevisionsDay 3
Your review; revisions incorporated (2 rounds included).
- 4
Implementation GuidanceDay 4
Clickwrap placement, versioning and change-notification practices set up.
Documents Required
Prepare your documents in the order below — start with Document 1 and move down the list.
Product Details
- 1
Website/App URLRequired
The platform the terms will govern.
- 2
Business Model DescriptionRequired
How users interact and pay — subscriptions, listings, bookings, content.
- 3
User Content FeaturesIf applicable
Reviews, uploads, messaging — anything user-generated.
Commercial Policies
- 4
Pricing & Refund IntentRequired
Your refund/cancellation stance — we make it enforceable.
- 5
Entity DetailsRequired
Legal name and grievance contact.
Frequently Asked Questions
Are terms of use legally binding in India?
Yes — as electronic contracts under the IT Act, 2000 and Contract Act, provided assent is properly captured. Clickwrap (explicit "I agree") is reliably enforced; buried footer links are vulnerable. We pair the document with the right assent flow.
Terms of Use vs Terms of Service vs EULA — what do I need?
Functionally similar names for the user contract. EULAs specifically license installed software. A SaaS product needs subscription terms; a marketplace needs buyer-seller-platform triangle terms. Naming matters less than matching the document to your model — which is what we do.
What is intermediary safe harbour and do I need it?
Section 79 IT Act protects platforms from liability for user-posted content IF they follow due diligence — published rules, grievance officer, takedown timelines under the 2021 Intermediary Guidelines. Any platform hosting user content (reviews, listings, posts) should be drafted for it.
Can I really limit my liability to users?
Substantially, yes — exclusion of indirect damages and caps tied to fees paid are standard and generally effective between businesses. Consumer-facing terms face Consumer Protection Act limits on unfair terms — we draft protective but defensible, since overreaching clauses get struck down entirely.
Who owns user-generated content?
Users typically retain ownership but grant the platform a broad licence to host, display and promote it. The terms must also cover takedown rights, prohibited content and warranties that users own what they post. Silence here creates copyright exposure for the platform.
Is a no-refund policy legal?
For clearly disclosed digital services, restrictive refund terms are generally enforceable — but the Consumer Protection (E-Commerce) Rules, 2020 require transparency, and unfair-term doctrine polices abuse. We draft refund clauses that hold up while limiting your exposure.
How do I change terms later?
Include a modification clause with notice mechanics; for material changes, notify users and obtain fresh assent where feasible. Keep dated versions — in disputes, the version the user accepted governs. Our implementation guidance covers versioning.
Do I need both Terms of Use and a Privacy Policy?
Yes — they do different jobs: terms govern the contractual relationship; the privacy policy discloses data practices (a legal requirement on its own). They cross-reference each other. Our Standard bundle drafts both consistently.
What Our Clients Say
4.6/5(2,000+ reviews)Our trademark got objected and we were clueless. Their IP attorney drafted a brilliant reply — mark accepted and published within months.
My freelancer agreement now has milestone payments and IP-on-full-payment. A client who used to delay invoices paid in 4 days this time.
My Pvt Ltd was registered in 12 days flat. Every step explained, pricing exactly as quoted, and the post-incorporation kit covered everything. Highly recommended.
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