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 Florida, as in other states, terms of service (TOS), also known as terms of use or terms and conditions, are considered legally binding agreements between a service provider and the user, provided that certain conditions are met. For the agreement to be enforceable, the user must be given proper notice of the terms and must accept them through an affirmative act, such as clicking a checkbox or continuing to use the service. This forms a contract that governs the use or purchase of the product or service. Florida courts will generally enforce these agreements if they are reasonable, made in good faith, and not unconscionable. However, if terms are deemed to be unfair or not clearly presented to the user, a court may find them unenforceable. It is important for service providers to ensure that their TOS are clear, accessible, and provide users with an opportunity to review them before agreeing.