Are my terms of service enforceable?

It depends per clause and per jurisdiction. The audit walks each substantive clause (liability, warranty, arbitration, refund, modification, indemnification, content licence) against the jurisdictions you serve and tells you which would hold up and which would be modified or struck down. Common pattern: US-focused terms have several clauses that are unenforceable for B2C customers in the EU, UK, or AU.

What makes a terms-of-service clause unenforceable?

Several patterns: (1) overriding statutory consumer rights that cannot be waived (EU CRD, UK CRA, AU ACL §64); (2) imposing obligations or risks on consumers that are unfair under the unfair-terms regime (EU Directive 93/13/EEC, UK CRA Part 2); (3) tactical clauses without the required statutory carve-outs (arbitration without California §1281.2 opt-out where applicable). The audit flags each pattern it finds.

Can I make my terms enforceable everywhere?

Generally, yes — by adding the right preservation language and carve-outs. "Nothing in these terms affects your statutory rights as a consumer" covers EU/UK/AU. Carve-outs for fraud, gross negligence, death/personal injury, and statutory consumer rights cover most jurisdictions. The audit tells you which language is missing.

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Is My Terms of Service Enforceable?

Paste your terms. We check clause-by-clause enforceability against the jurisdictions you serve.

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Clause-by-clause enforceability per jurisdiction
Surfaces the standard "tough" clauses that quietly do not work
Plain-English fix for each weak clause

A tough-looking terms-of-service clause is worth nothing if a court will not enforce it. "Binding arbitration with class-action waiver" is generally enforceable in the US but unenforceable for B2C in the EU and UK. "No refunds under any circumstances" is overridden by the EU 14-day withdrawal right and AU Consumer Law statutory guarantees. "We may change these terms at any time without notice" is widely unenforceable for material changes. Our checker walks your terms clause-by-clause and tells you which ones would actually hold up where your customers live.

What we check

Grounded in real law, not training-data recall.

Limitation of liability

Whether the cap is reasonable, whether carve-outs are present (confidentiality, indemnification, IP, gross negligence), and whether statutory consumer rights are preserved for EU/UK/AU.

Warranty disclaimers

"AS IS" is fine for B2B in the US. For B2C in EU/UK/AU it must preserve statutory consumer guarantees — implied terms of satisfactory quality, fitness for purpose.

Arbitration + class-action waiver

Enforceable in US generally (Concepcion), unenforceable for B2C in EU/UK. State carve-outs apply (California §1281.2, NJ, MA) for US consumer arbitration.

Refund / no-refund clauses

"No refunds under any circumstances" overridden by EU CRD 14-day withdrawal right, UK CCR 2013, and AU Consumer Law major-failure remedies.

Modification mechanism

"We may change at any time without notice" unenforceable for material changes. Needs reasonable notice + termination right.

Content-licence overreach

Content licenses that include training-data reuse or commercial repurposing beyond hosting the service are increasingly being struck down or attracting regulator attention.

Common findings

What you'll probably see in the report.

Tough clause that quietly does not work

Most B2C terms have at least one "tough" clause (no refunds, binding arbitration, unilateral modification) that is unenforceable in at least one jurisdiction the business serves.
Wrong governing-law strategy

A US-based company with EU customers cannot use a "governed by Delaware law" clause to escape EU consumer-protection rules. Common misconception.
Over-broad indemnification

Indemnification requiring the customer to defend the provider against "any and all" claims is over-broad and often narrowed by courts to "reasonable" claims arising from customer breach.

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