Service Use Agreement Template for the United States

A Service Use Agreement is a legally binding contract that governs the relationship between service providers and their customers in the United States. This document establishes the terms under which services are delivered, payment is processed, and disputes are resolved, while ensuring compliance with federal laws including the E-SIGN Act for electronic signatures and the Computer Fraud and Abuse Act for digital service protection.

When do you need this document?

You need a Service Use Agreement whenever you provide ongoing services to customers, whether digital or physical. This includes software-as-a-service platforms, subscription services, consulting arrangements, maintenance contracts, and professional services. The agreement becomes critical when services involve recurring payments, user-generated content, data collection, or remote access to systems. Companies offering services to multiple users simultaneously, such as cloud platforms or online marketplaces, require comprehensive agreements to manage user behavior and limit liability exposure.

Key legal considerations

Your Service Use Agreement must clearly define acceptable use policies to comply with the Computer Fraud and Abuse Act, particularly regarding unauthorized access and system abuse. Include specific liability limitations and indemnification clauses to protect your business from user misconduct or third-party claims. Payment terms should comply with state consumer protection laws and specify automatic renewal conditions clearly. If you collect personal information, incorporate privacy provisions that align with applicable data protection laws, including COPPA for children's data and state privacy regulations. Termination clauses must balance your right to suspend services with user due process requirements, especially for paid services.

Legal requirements in United States

Under the E-SIGN Act, electronic signatures are legally valid, but your agreement must clearly indicate user consent to electronic transactions. If your service is accessible to the public, ensure ADA compliance provisions for accessibility requirements. The FTC Act prohibits deceptive practices, so service descriptions and limitations must be clear and prominently displayed. For services targeting California residents, include CCPA-compliant privacy notices and user rights. COPPA compliance is mandatory if your service may be used by children under 13, requiring parental consent mechanisms and data handling restrictions. Include choice of law and jurisdiction clauses to establish which state's laws govern disputes, typically your business location or where services are primarily delivered.