Terms of use vs terms of service

What terms of use usually cover

Terms of use focus on passive consumption: viewing pages, downloading public content, posting comments without an account. They restrict copying, scraping, and misuse, and they describe the operator's right to change content. They are common on news sites, reference sites, and government portals.

What terms of service usually cover

Terms of service cover an active relationship: accounts, billing, support, content storage, integrations. They describe the service level, the data flow, the cancellation rules, and dispute resolution. They are common on SaaS, marketplaces, and any product with login.

Why the split matters

Mixing the two scopes inside one document leads to clauses that talk past the audience. A casual reader of a news site does not need a billing clause; a paying customer needs more than a copying restriction. A clear scope reduces the document's length and helps customers find what matters to them.

When a single combined document is fine

Single combined documents work for small products that want to ship one link. The document should still have separate sections so that visitors and customers can read only what applies to them. If the document grows past about 3,000 words, splitting often improves readability.

What to call the document

Pick a name that matches the user's mental model. "Terms of service" reads as a service contract; "terms of use" reads as a website policy. "Terms and conditions" remains a regional preference, especially in the UK and the EU.

Updates and notice

Terms-of-service customers usually require advance notice of material changes; terms-of-use readers typically do not. Make the notice channel explicit (in-app banner, email, dashboard message) so the operator and the customer agree on what counts as notice.

Cross-links

Terms reference the privacy policy, the cookie policy where relevant, the refund policy, and the acceptable use policy. Cross-links should match the slug structure of the website. Broken cross-links create customer service noise.

Checklist for choosing the right name

Ask three questions: does the user create an account, does the user pay or commit to ongoing access, does the user upload content or interact with other users. Two or three "yes" answers suggest terms of service. All "no" answers suggest terms of use.

FAQ

The choice between the two names is mostly a clarity decision. Whatever the title, the document is enforceable only when the customer has a meaningful chance to read it and accept it.