Business Law · New York
Website Terms of Service for New York
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What is a Terms of Service?
Terms of Service (ToS) is the contract between a website or app and its users. It sets out what users can and can't do, your liability limits, dispute resolution, account termination, and intellectual property rules.
Who needs one in New York?
Every website, app, SaaS product, marketplace, and e-commerce store that has users — paid or free.
What a New York Terms of Service must cover
- Acceptance mechanics that are actually enforceable (clickwrap, not buried browsewrap)
- Account, content, and acceptable-use rules
- Disclaimers of warranty and limitation of liability
- Mandatory arbitration and class-action waiver (where enforceable)
- IP, user content licensing, and DMCA
- Termination and account-closure rights
- Governing law clause anchored to New York
Why attorney review matters in New York
Terms of Service that aren't presented properly aren't enforceable — and New York has specific rules on what's required for clickwrap, arbitration, and consumer-protection disclosures. A licensed attorney checks your acceptance flow and your liability language against New York consumer law before the page goes live.
New York-specific note
New York requires pay-range disclosure in job postings and offer letters above a salary threshold, and its courts scrutinize restrictive covenants closely. Sales-tax and consumer-protection disclosures also apply to most online businesses.
Ready to draft your New York Terms of Service?
First 2 documents free, then $199 flat — attorney-reviewed.
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FAQ
Do I need ToS separate from a Privacy Policy?
Yes. They cover different things. ToS is the contract with users; Privacy Policy is the legal disclosure about what data you collect and how you handle it.
Will arbitration clauses hold up in New York?
Mostly yes for commercial and consumer disputes, with some carve-outs (especially around mass arbitration and employment). A licensed attorney will tailor the clause to what's actually enforceable.