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 South Dakota, as in other states, terms of service (TOS) or terms and conditions are considered legally binding contracts between a service provider and the user, provided that the user has been given proper notice and has accepted these terms through an affirmative act. This act could be checking a box to indicate agreement, creating an account, or continuing to use the service. The enforceability of these terms is subject to general contract principles, which require that the agreement is made with mutual consent, for a lawful purpose, and by parties who have the capacity to contract. If these conditions are met, the terms of service can be enforced in South Dakota courts. It is important to note that while these principles are consistent with federal law, specific state statutes may also apply, and the interpretation of TOS agreements can vary based on the jurisdiction and the specific circumstances surrounding the user's acceptance and the clarity of the terms provided.