Terms of Service vs Terms and Conditions: What’s the Difference?
When it comes to online legal documents, many business owners struggle with one key question: Terms of Service vs Terms and Conditions—what’s the difference, and which do you need? While these terms are often used interchangeably, they play different roles in protecting your business and managing user expectations.
This post breaks down how these two agreements differ, why both are important, and how a terms and conditions lawyer can help tailor them to your business.
What Are Terms of Service?
Terms of Service (TOS) are rules that govern how users interact with your platform. This document is especially important for apps, SaaS platforms, and any site that allows users to create accounts or submit content.
TOS typically cover:
- Acceptable use – What users can and cannot do on the platform
- Account management – How users register, access, and close their accounts
- Content ownership – Who owns user-generated content and how it may be used
- Limitation of liability – Limits your responsibility for third-party behavior or system issues
TOS acts as a contract between you and the user, setting clear boundaries and expectations for platform interaction.
What Are Terms and Conditions?
Terms and Conditions (T&C) are broader and more commercial in scope. They often apply to purchases, payment policies, and legal disclaimers—making them especially critical for e-commerce businesses or service providers.
T&C may include:
- Payment and refund terms
- Subscription or cancellation policies
- Product warranties or disclaimers
- Governing law and dispute resolution
While some overlap exists with TOS, your T&C typically address how you run your business—and protect you from financial or contractual disputes.
Why You Need Both
Having both Terms of Service and Terms and Conditions is essential for full legal protection. Together, they help:
- Set user behavior guidelines
- Clarify your business operations
- Ensure compliance with consumer protection laws
- Provide a foundation for dispute resolution
Depending on your model, one may be emphasized more than the other—but both should be custom-tailored by a terms and conditions attorney who understands your business’s unique needs.
While many businesses combine these documents into a single legal agreement, understanding the distinction between Terms of Service and Terms and Conditions ensures your company covers all its legal bases. From outlining how users interact with your platform to defining the legal structure behind your products and services, both documents are essential to minimizing liability and avoiding disputes.
If your website or platform doesn’t have properly drafted legal terms—or you’re not sure if they’re up to date—consult a terms and conditions lawyer who can review or create documents tailored to your operations and risk exposure.
About the Author
Ethan Wall is a social media attorney and the founder of The Social Media Law Firm, the first law firm focused exclusively on social media legal issues. A trusted legal advisor, professor, and keynote speaker, Ethan helps businesses protect their brands through terms and conditions compliance, influencer agreements, and startup legal services. The Social Media Law Firm offers flat-fee policy drafting and legal guidance tailored to creators, platforms, and growing businesses—schedule a free consultation today.
