Terms of service are the legal agreements between the provider of a service—such as a website—and the users of the service. When a user is given proper notice of these terms and agrees to or accepts the terms by some affirmative act, such as continuing to use the service or ticking a box to indicate agreement, the parties form an enforceable contract regarding the user’s use or purchase of the product or service. Terms of service are also commonly referred to as terms of use, terms and conditions, or abbreviated as TOS or T&C.
In Texas, as in other states, terms of service (TOS), also known as terms of use or terms and conditions, are considered legally binding contracts between a service provider and its users. For these terms to be enforceable, the user must be given proper notice and must agree to the terms through an affirmative act, such as clicking a checkbox to indicate agreement or continuing to use the service. This agreement forms a contract that outlines the rights and responsibilities of each party. Texas law, in line with federal law, generally upholds these agreements provided they are fair, not unconscionable, and the user has had the opportunity to review them before agreeing. It is important for service providers to ensure that their TOS are clear, accessible, and provide users with an unambiguous way to indicate their consent to ensure enforceability.
