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0. Parties

These Terms of Service (“Terms”) are entered into between you (“you,” “your,” or “User”) and Ashwin Easo Zachariah, an individual operating TheTerms from Germany (“we,” “us,” “our,” or “TheTerms”). TheTerms is not currently operated through a separate incorporated legal entity; references in these Terms to “TheTerms” refer to Ashwin Easo Zachariah acting in that capacity. By creating an account or otherwise using the Service, you agree to be bound by these Terms.

1. Definitions

  • “Service” means the TheTerms platform accessible at theterms.app and any associated APIs.
  • “User” means any individual who accesses or uses the Service.
  • “Organisation” means a team or company account created within the Service.
  • “Content” means any documents, clauses, or data you create, upload, or transmit through the Service.
  • “Signer” means any individual invited to review and accept or reject documents via the Service.

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an Organisation, you represent that you have authority to bind that Organisation to these Terms.

If you do not agree to these Terms, do not use the Service.

3. Account Terms

Registration. You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials.

Age requirements. You must be at least 16 years old to use the Service.

Account security. You are responsible for all activity that occurs under your account. Notify us immediately at security@theterms.app if you suspect unauthorised access.

One account per person. Each individual may maintain only one free account.

4. The Service

Description. TheTerms provides tools for creating structured documents, managing signing workflows, and tracking acceptance at the clause level.

Availability. We aim for high availability but do not guarantee uninterrupted access. We may perform maintenance with or without advance notice.

Modifications. We reserve the right to modify or discontinue features of the Service at any time. We will provide reasonable notice of significant changes.

5. Permitted and Prohibited Use

Permitted use. You may use the Service for lawful purposes including creating employment agreements, NDAs, terms of service, privacy policies, and other standard commercial documents.

Prohibited use. You may not use the Service to:

  • Create or distribute fraudulent, deceptive, or illegal documents
  • Violate any applicable law or regulation
  • Infringe the intellectual property rights of others
  • Transmit malware or malicious code
  • Attempt to gain unauthorised access to the Service or its infrastructure
  • Use automated means to access the Service in a manner that exceeds reasonable usage

6. Intellectual Property

Your Content. You retain ownership of all Content you create through the Service. By using the Service, you grant us a limited licence to store, process, and transmit your Content solely to provide the Service.

Our trademarks. “TheTerms” and associated logos are our trademarks. You may not use them without our prior written permission.

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference.

8. Payment Terms

8.1 Plans and Pricing. TheTerms offers multiple subscription tiers, including a free tier. Current tiers, features, and pricing are described on our Pricing page, which forms part of these Terms by reference and may be updated from time to time.

8.2 Billing. Paid subscriptions are billed through our third-party payment processor, Stripe, on a monthly or annual basis as selected at checkout. By subscribing, you authorize us (via Stripe) to charge your chosen payment method on a recurring basis until you cancel. All prices are exclusive of applicable taxes, duties, and levies, which will be added where required by law.

8.3 Cancellation and Refunds. You may cancel your subscription at any time; cancellation takes effect at the end of the then-current billing period, and you will retain access until that period ends. Except where required by applicable law, fees already paid are non-refundable, including on a pro-rata basis for partial billing periods.

8.4 Changes to Free Tier. Features and limits available on the free tier may change from time to time. We will provide reasonable advance notice of material changes that reduce free tier functionality.

9. Termination

By you. You may terminate your account at any time by deleting it from account settings. Your data will be permanently deleted within 30 days.

By us. We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion with reasonable notice where practicable.

Effect of termination. Upon termination, your right to use the Service ceases. Provisions that by their nature should survive termination will do so.

10. Limitation of Liability

10.1 Unlimited Liability. Nothing in these Terms limits or excludes our liability for (a) intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit); (b) death, personal injury, or damage to health caused by our negligence; (c) liability under mandatory provisions of applicable law, including the German Product Liability Act; or (d) any liability that cannot be limited or excluded as a matter of law.

10.2 Cardinal Obligations. For ordinary negligence (einfache Fahrlässigkeit) in the breach of a material contractual obligation whose fulfilment is essential to the proper performance of these Terms and on whose observance you may reasonably rely (“cardinal obligation”), our liability is limited to the foreseeable damage typical for contracts of this kind.

10.3 General Cap. Except as set out in Sections 10.1 and 10.2, our total liability arising out of or relating to these Terms or the Service — whether in contract, tort, or otherwise — is limited to the fees you paid us in the twelve (12) months preceding the event giving rise to the claim.

10.4 No Liability for Non-Cardinal Ordinary Negligence. To the fullest extent permitted by law, we exclude liability for ordinary negligence in the breach of any obligation that is not a cardinal obligation.

10.5 Scope. This Section 10 applies to all claims arising from or in connection with these Terms and the Service, regardless of the legal theory on which the claim is based, and applies for the benefit of our officers, employees, and agents to the same extent it applies to us.

11. Indemnification

You agree to indemnify, defend, and hold harmless TheTerms and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of the Service or violation of these Terms.

12. Governing Law

These Terms and any dispute arising out of or in connection with them (including non-contractual disputes) are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Jurisdiction and venue for any dispute are determined by the generally applicable rules of German civil procedure (Zivilprozessordnung), including any mandatory consumer-protection rules that entitle you to bring proceedings in the courts of your own place of residence. Nothing in this Section limits any mandatory consumer protections available to you under the law of your country of residence.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or by displaying a prominent notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms? Contact us at: