Templates Compliance Regulatory Terms of Service – Subscription & Negative Option Compliance
Terms of Service – Subscription & Negative Option Compliance
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TERMS OF SERVICE


1. Overview

These Terms of Service (“Terms”) govern your purchase of subscriptions, memberships, or other recurring services from [COMPANY NAME] (“Company,” “we,” “us,” or “our”). By enrolling in a plan, you agree to these Terms and our Privacy Policy.


2. Key Subscription Disclosures (Summary Box)

Provide a prominent summary box listing: plan name, price, billing frequency, introductory pricing, renewal price, minimum commitment, cancellation instructions, and customer support contact.


3. Plan Options

Describe each subscription plan, including duration, included benefits, and applicable limitations. Identify any free trials, prepaid terms, or minimum commitments.


4. Billing & Renewal

4.1 Automatic Renewal. Unless cancelled, your subscription automatically renews at the then-current rate on each renewal date.
4.2 Billing Authorization. You authorize Company to charge the payment method on file for recurring fees, taxes, and applicable charges.
4.3 Price Changes. We will provide at least [30] days’ notice prior to any price increase. Continued use after the effective date constitutes acceptance.
4.4 Declined Payments. If payment is declined, we may attempt to recharge and may suspend or cancel access until payment is received.


5. Trial Offers & Promotions

5.1 Free Trials. If you enroll in a free trial, you must cancel before the trial ends to avoid charges. We will send a reminder [DAYS] days before trial expiration.
5.2 Introductory Pricing. Promotional rates apply only for the stated period and automatically transition to standard pricing afterward.
5.3 Bonus Items. Promotional items may be subject to additional terms or must be returned if the subscription is cancelled early.


6. Cancellation & Refunds

6.1 Easy Cancellation. You may cancel at any time via [ACCOUNT SETTINGS LINK], by emailing [SUPPORT EMAIL], or calling [PHONE NUMBER]. We honor frictionless digital cancellations (including “one-click” flows for logged-in accounts) as a best practice even though the FTC’s 2024 Click-to-Cancel rule was vacated by the Eighth Circuit in July 2025. State automatic renewal laws may still require comparable ease-of-use.
6.2 Effective Date. Cancellation is effective immediately, and you retain access through the end of the paid term unless otherwise specified.
6.3 Refund Policy. Describe refund eligibility (e.g., prorated refunds, statutory cooling-off periods).
6.4 Save Offers. We may present optional retention offers during cancellation but will not impose additional steps or disclosures to complete cancellation.


7. Account Requirements

  • Provide accurate account information and update promptly.
  • Maintain the confidentiality of login credentials.
  • Notify us of unauthorized use or suspected fraud immediately.

8. Delivery of Goods/Services

If applicable, describe shipping schedules, digital content availability, and hardware provisioning. Include responsibilities for lost shipments or device returns.


9. Restrictions

Prohibit misuse, resale, or unlawful use of the subscription services. Include restrictions on content, data scraping, or reverse engineering as applicable.


10. Intellectual Property

Clarify ownership of content, trademarks, software, and user-generated content. Provide license grants or restrictions as needed.


11. Disclaimers & Limitation of Liability

Disclaim warranties to the extent permitted by law and limit liability to amounts paid in the preceding [12] months, except for willful misconduct, gross negligence, or statutory obligations.


12. Indemnification

Customers agree to indemnify Company against claims arising from misuse, violation of these Terms, or infringement of third-party rights.


13. Dispute Resolution

Include mediation/arbitration options, small claims carve-outs, and class action waivers if permitted. Provide contact for pre-dispute resolution.


14. Governing Law

Specify governing law and venue, including state-specific disclosures (e.g., California Automatic Renewal Law, New York requirements).


15. Communications & Consent

Obtain consent to receive transactional and marketing communications, with opt-out instructions. Reference compliance with TCPA, CAN-SPAM, and state telemarketing rules.


16. Changes to Terms

Provide notice of updates via email or account notifications. Continued use constitutes acceptance of changes.


17. Contact Us

List customer support contact methods and hours of operation.


Annex A – Cancellation Flow Narrative

Detail step-by-step cancellation process screenshots/descriptions demonstrating frictionless experience.

Annex B – Renewal Reminder Templates

Include email/SMS templates for trial end reminders, annual renewal notices, and price increase communications.

Annex C – State-Specific Automatic Renewal Disclosures

Summaries for California, Colorado, New York, Vermont, etc., including mandatory language and timing requirements.

[// GUIDANCE: Coordinate this Terms document with your negative option compliance playbook and maintain records of consent/cancellation logs.]

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