Terms of Service Auditor

When launching a new product, onboarding a new client, or conducting a periodic legal audit of website terms.

Audit the following Terms of Service for legal compliance and enforceability:

Business type: [e.g., SaaS, e-commerce, marketplace, social media]
Target users: [e.g., consumers, businesses, both]
Jurisdictions: [WHERE USERS ARE LOCATED]
Data collection: [WHAT DATA IS COLLECTED]

Review for:
1. Formation — is acceptance mechanism enforceable (clickwrap vs. browsewrap)?
2. Arbitration clause — is it enforceable? Does it comply with state-specific requirements?
3. Limitation of liability — is the cap reasonable and enforceable for consumer agreements?
4. User content — are IP rights properly licensed? Is the license scope appropriate?
5. Termination — are grounds clear? Is there adequate notice?
6. Privacy integration — does it properly reference the privacy policy?
7. DMCA/copyright provisions — are safe harbor requirements met?
8. Consumer protection — does it comply with applicable consumer protection statutes?
9. International compliance — GDPR, UK Consumer Rights Act if applicable
10. Missing provisions for this business type

For each issue, cite the relevant legal authority and provide fix language.

Terms of Service:
[PASTE TOS TEXT]

Example Output

An audit report with compliance findings, enforceability assessment for key provisions, and recommended revisions.

Tips

• •Clickwrap (checkbox) is far more enforceable than browsewrap (continued use = acceptance).
• •Check state-specific consumer arbitration rules — several states restrict mandatory arbitration for consumers.
• •Ensure the TOS is versioned and you retain records of which version each user accepted.

Related Prompts