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The Difference Between Terms of Service, Terms & Conditions, and EULA (with Templates)

Founders often mix these documents. Pick the correct structure to avoid negotiation churn and user confusion.

DocumentPrimary AudiencePurpose
Terms of ServiceWeb/SaaS usersUsage rules, liability, account lifecycle
Terms & ConditionsGeneric broader labelOften identical to ToS; marketing variant
EULAInstalled software end‑usersLicense scope, IP, restrictions

Template Snippets

EULA LICENSE GRANT
Subject to payment of applicable fees we grant you a non-exclusive, non-transferable, revocable license to install and use the Software strictly in accordance with this Agreement.

TERMS OF SERVICE ACCEPTABLE USE
You agree not to misuse the Service including attempting unauthorized access, disrupting servers, or sharing credentials outside your organization.

FAQ

Can I combine documents?

Yes—some SaaS consolidate into one “Terms” doc. Keep license clauses clear if distributing downloadable client tools.

Is EULA needed for purely browser SaaS?

Usually no; use ToS with IP license language.

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