How to Draft Terms of Service with GitHub Copilot

Terms of Service (ToS) are a legal document essential for any website or application. They define the rules for using your service, protect your interests, and inform users of their rights and obligations. Drafting complete and compliant ToS can seem complex, but GitHub Copilot simplifies this process significantly. With artificial intelligence, you can generate a solid structure, cover essential clauses, and adapt the document to your specific context. This tutorial guides you step by step to create professional ToS using GitHub Copilot as a writing assistant, while keeping in mind that legal validation is still recommended.

Prerequisites

1.Have a GitHub account with an active GitHub Copilot subscription
2.Have Visual Studio Code installed with the GitHub Copilot extension
3.Know the nature of your service (website, app, SaaS) and the data collected
4.Have a clear idea of the features offered to users

Steps

Define the framework and structure of the ToS

Start by creating a new file in VS Code (e.g., tos.md) and use GitHub Copilot Chat to generate the complete skeleton of your ToS. Specify the type of service involved so that Copilot adapts the structure to the specifics of your activity. The generated outline will serve as a basis for developing each section in detail.

Generate a detailed outline of Terms of Service for an [e-commerce website / mobile app / SaaS service]. List all necessary sections with their subsections, complying with French law and GDPR.

Tip: Replace the description in brackets with the exact nature of your service to get a more relevant and personalized plan.

Draft the identification and purpose clauses

Develop the first sections of your ToS: the editor's legal notices, the purpose of the document, and definitions of key terms. These elements are mandatory and clearly identify who operates the service and in what context the ToS apply. Provide Copilot with your real company information to get accurate text.

Draft the 'Legal notices', 'Purpose', and 'Definitions' articles for the ToS of a company named [NAME], a SAS with a capital of [AMOUNT] euros, registered with the RCS of [CITY] under number [SIRET], whose registered office is at [ADDRESS]. The service offered is [SHORT DESCRIPTION OF THE SERVICE].

Tip: Always verify that the generated legal information exactly matches your Kbis extract or official registration details.

Generate clauses on personal data and GDPR

Clauses relating to personal data protection are crucial for GDPR compliance. Use Copilot to draft sections concerning the collection, processing, storage, and user rights over their data. Detail the types of data collected and the processing purposes specific to your service.

Draft the 'Personal data protection' section for ToS compliant with GDPR. The service collects the following data: [name, email, address, payment data, analytical cookies]. The purposes are: [order management, newsletter, service improvement]. Include user rights (access, rectification, deletion, portability) and the procedures for exercising these rights.

Tip: Always adapt the list of collected data and purposes to your actual situation. A generic GDPR clause may be deemed non-compliant by the CNIL.

Draft the liability and intellectual property clauses

These sections define the limits of your liability as an editor and protect your content. Ask Copilot to draft clauses covering limitation of liability, force majeure, intellectual property of your content, and acceptable use conditions of the service by users.

Draft the articles 'Editor's liability', 'User's liability', 'Intellectual property', and 'Prohibited behaviors' for the ToS of a [TYPE OF SERVICE]. Specify the limitations of warranty, prohibited uses, and possible sanctions (suspension, account termination). Write in accessible legal French.

Tip: Ask Copilot to draft in 'accessible legal French' to get rigorous but understandable text for your non-legal users.

Finalize with modification clauses and applicable law

Complete your ToS by adding clauses relating to procedures for modifying the document, termination conditions, applicable law, and competent jurisdiction. Use Copilot to proofread the entire document and check overall consistency, then request a list of points to be validated by a legal professional.

Draft the final articles of the ToS: 'Modification of ToS' (with user notification), 'Duration and termination', 'Applicable law and jurisdiction' (French law, courts of [CITY]). Then analyze the entire document and list the points that require validation by a specialized lawyer.

Tip: Use Copilot's proofreading feature to detect inconsistencies between different sections before submitting the document to a lawyer.

Common mistakes to avoid

✗Using the text generated by Copilot as-is without having it reviewed by a legal professional, which may lead to unfair or non-compliant clauses
✗Forgetting to customize GDPR clauses with the data actually collected by your service, making the document generic and potentially non-compliant
✗Not updating the ToS when adding new features or changes in user data processing

FAQ

Do the ToS generated by GitHub Copilot have legal value?

ToS generated by GitHub Copilot provide a solid starting point, but they have not been written by a legal professional. They must be reviewed and validated by a lawyer specialized in digital law before publication. Copilot saves you time on the structure and initial drafting, but does not replace professional legal advice.

How do I adapt the generated ToS to my specific business sector?

Provide GitHub Copilot with as much context as possible about your activity: type of service, data collected, payment methods, delivery conditions if applicable, and applicable sector regulations. The more detailed and specific the prompt, the more the result will be tailored to your situation. You can also ask Copilot to incorporate clauses specific to your sector (e-commerce, healthcare, education, etc.).

How often should I update my ToS?

Your ToS must be updated whenever there is a significant change to your service: new features, changes to the data collected, change of payment provider, regulatory changes. In practice, plan for a review at least annually. GitHub Copilot can help you identify sections to update by comparing your current ToS with changes to your service.

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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