How to Draft Terms of Service with ChatGPT

Terms of Service (ToS) are an essential legal document for any website or app. They define the rules of use for your service, protect your business, and inform users of their rights and obligations. Drafting complete and compliant ToS can seem complex, especially without legal training. ChatGPT allows you to generate a first structured and personalized version of your ToS, taking into account your activity, business model, and applicable regulations such as GDPR. This tutorial guides you step by step to create professional ToS adapted to your project, while reminding you of the importance of having the final document validated by a legal professional.

Prerequisites

1.A ChatGPT account (free or Plus)
2.A clear description of your business, website, or app
3.The list of services offered and features of your platform
4.Your company's legal information (company name, registered office, SIRET number)

Steps

Define the context of your project

Before asking ChatGPT to draft your ToS, you need to provide it with precise context. Describe your activity, the type of platform (showcase site, e-commerce, SaaS, mobile app), your target audience, and the services offered. The more detailed the context, the more relevant and adapted the generated ToS will be.

You are a lawyer specialized in French digital law. I want to draft the Terms of Service for my [TYPE_OF_PLATFORM: e-commerce site / SaaS / mobile app / blog]. Here is information about my project:

Service name: [NAME]
Nature of activity: [DESCRIPTION]
Target audience: [individuals / professionals / both]
Target countries: [France / Europe / international]
Data collected: [email, name, address, payment, etc.]

Before drafting, ask me 5 additional questions to fully understand my activity and produce adapted ToS.

Tip: Let ChatGPT ask you questions before drafting. This exchange step allows for a much more personalized result than a generic template.

Generate the full ToS structure

Ask ChatGPT to produce a detailed outline before full drafting. This allows you to verify that all essential sections are covered: purpose, acceptance, registration, intellectual property, liabilities, personal data, modification of ToS, applicable law, and dispute resolution.

Based on the context I provided, generate a detailed outline of the ToS with all necessary sections. Include at minimum:

Purpose and scope
Acceptance of ToS
Access to service and registration
Description of services
User obligations
Intellectual property
Liability and warranties
Personal data protection (GDPR compliance)
Cookies
Modification of ToS
Termination
Applicable law and competent jurisdiction
Contact

For each section, indicate in one sentence what it will cover.

Tip: Compare the proposed outline with ToS from similar sites to yours to ensure no important clause is missing.

Draft the ToS section by section

Rather than asking for the full draft at once, proceed section by section. This allows you to read, adjust, and validate each part before moving to the next. You will obtain a more coherent document better suited to your specific needs.

Now draft the [SECTION_NUMBER_AND_TITLE] section of my ToS following these instructions:

Clear and accessible legal language, understandable by a non-lawyer
Compliance with French and European law (GDPR, e-commerce directive)
Short sentences structured with sub-points if necessary
Specifically adapted to my activity of [RECALL_OF_ACTIVITY]
Between 150 and 300 words for this section

Tip: Treat the most sensitive sections (personal data, liability, intellectual property) with special attention. Feel free to ask for rewording.

Add clauses specific to your activity

Each project has particularities that require tailored clauses. An e-commerce site will need clauses on returns and refunds, a SaaS on service levels (SLA), a marketplace on liability between sellers and buyers. Identify these specifics and ask ChatGPT to integrate them.

Add the following specific clauses to my ToS:

[CLAUSE_1: e.g., 14-day refund policy]
[CLAUSE_2: e.g., subscription and termination conditions]
[CLAUSE_3: e.g., user-generated content and moderation]
[CLAUSE_4: e.g., referral program]

For each clause, draft legally sound text, compliant with French law, and consistent with the rest of the ToS already drafted. Also specify if any of these clauses require validation by a lawyer.

Tip: If you offer paid subscriptions, user-generated content, or services to minors, these specific clauses are absolutely essential and must be reviewed by a lawyer.

Review, consolidate, and finalize the document

Once all sections are drafted, ask ChatGPT to consolidate everything into a single coherent document. Take the opportunity to check tone consistency, absence of contradictions between sections, and overall compliance. Add the effective date and mandatory legal notices.

Consolidate all drafted sections into a single, complete ToS document. Verify:

Consistency across all sections (no contradictions)
Uniformity of tone and legal style
Presence of all mandatory mentions (publisher identity, update date, DPO contact if applicable)
GDPR compliance (legal basis for processing, user rights, retention period)
Add as header: "Last updated: [CURRENT_DATE]"

Flag points that absolutely require validation by a lawyer before publication.

Tip: Never publish AI-generated ToS without review by a legal professional. ChatGPT produces an excellent working base, but only a lawyer can guarantee full legal compliance for your specific situation.

Common mistakes to avoid

✗Copy-pasting generic ToS without adapting to your specific activity, making them legally fragile and potentially unenforceable
✗Forgetting mandatory GDPR clauses (legal basis for processing, rights of access, rectification and deletion, DPO contact details) leading to CNIL sanctions
✗Publishing ChatGPT-generated ToS without lawyer review, while some clauses may be abusive or non-compliant with French law
✗Not providing a mechanism for updating ToS nor notifying users of substantial changes
✗Using overly complex legal jargon making ToS incomprehensible to users, which can render them challengeable in court

FAQ

Are ToS generated by ChatGPT legally valid?

ChatGPT produces a solid, well-structured draft, but the generated ToS do not constitute legal advice. They must be reviewed and validated by a lawyer specializing in digital law before publication. The AI may miss legal specifics specific to your business sector or jurisdiction.

What is the difference between ToS and Terms and Conditions of Sale?

ToS govern the use of a website or app: access rules, expected behavior, intellectual property. Terms and Conditions of Sale govern commercial transactions: price, delivery, returns, warranties. An e-commerce site needs both, while a blog or free tool can get by with ToS.

How often should I update my ToS?

It is recommended to review your ToS at least once a year, and systematically after any significant change: new feature, change in data processing, change of technical provider, or regulatory evolution. You must notify users of any substantial modification and allow them to accept the new terms.

How to use this prompt

Copy the prompt with the button above.
Paste it into ChatGPT, Claude or your favorite AI assistant.
Replace the bracketed variables with your details, then refine the result.

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