Terms of Service Review Framework

This checklist helps evaluate Terms of Service (ToS), Terms & Conditions, or End User License Agreements before clicking "I Agree." Focus on understanding what rights you're granting and what you're giving up.

Green Flags (User-Friendly Terms)

These indicate a reasonable, balanced agreement:

Clear data ownership stating you retain ownership of your content and data. Right to delete your account and data upon request with reasonable timeframe. Transparent data practices with clear explanation of what's collected and why. Reasonable content license limited to what's necessary to provide the service. Standard termination rights allowing you to cancel anytime without penalty. Clear pricing with all fees disclosed upfront, no hidden charges. Reasonable dispute resolution with option for small claims court or local jurisdiction. Change notification requiring advance notice before material terms changes. Data portability allowing export of your data in usable formats. No unexpected third-party sharing beyond what's needed for service delivery.

Yellow Flags (Read Carefully)

These warrant careful consideration before agreeing:

Broad content license granting rights to use, modify, or sublicense your content beyond service delivery. Mandatory arbitration requiring disputes go through arbitration instead of courts. Auto-renewal billing especially with unclear cancellation procedures or short windows. Vague acceptable use policies with broad definitions that could restrict legitimate use. Unilateral terms modification allowing changes without meaningful notice or consent. Data retention after deletion keeping data for extended periods after account closure. Third-party sharing for marketing or analytics beyond core service functionality. Waiver of jury trial requiring you to give up jury trial rights. Limited liability caps that seem very low relative to potential damages. Survival clauses where certain obligations continue indefinitely after termination.

Red Flags (Think Twice Before Agreeing)

If any appear, seriously consider whether to proceed:

Unlimited content rights granting perpetual, irrevocable, royalty-free license to all your content. Data selling provisions allowing sale or commercial use of your personal data. Class action waiver preventing you from joining class action lawsuits. IP assignment transferring ownership of content or ideas you submit. Broad indemnification requiring you to defend and pay for company's legal issues. Unfavorable governing law in foreign jurisdictions or company-favorable venues. No refund policy with no recourse for service issues or dissatisfaction. Perpetual data retention with no clear deletion rights or timelines. Gag clauses restricting your ability to discuss experiences or post reviews. Automatic consent to future terms agreeing in advance to unknown future changes. Hidden fees or penalties buried in fine print. Broad liability waivers for negligence or service failures.

Analysis Approach

When reviewing Terms of Service: Start with data and privacy sections—understand what you're sharing and how it's used. Check content licensing to see what rights you're granting over your uploads. Review billing and cancellation terms, especially for paid services. Look at dispute resolution to understand your options if things go wrong. Consider whether the trade-offs are worth it for the service you're getting.