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Our Blog
Jun 22
2017

Creating an EULA for your mobile app

By zealousys

While delivering mobile applications, we are often requested by our clients to assist them in preparing an EULA or a privacy policy. As a matter of fact, we understand preparing the same can be overwhelming for new entrepreneurs. Therefore, in this post, we’ll cover a basic template, which will boost you in no time. Before we start, let us look into a few points: –

What is EULA?

EULA stands for End User License Agreement. Furthermore, it is a legal contract between the author or publisher of a software application and the user of that application. In addition to the rights of the user, It lays down the rules and necessary terms and conditions for the usage of the application.

Why do you need an EULA?

Well, there are very serious reasons. Let’s have a look. EULA: –

  1. Licenses/authorizes the user to use the app, doesn’t sell it.
  2. Restricts/prevents the user to exploit/abuse your app
  3. Limits the liability of the software publisher i.e. no unreasonable litigations against you
  4. Allows you to disclaim warranties i.e. no 3rd party can hold you responsible for an event involving the use of your app
  5. Gives you the right to terminate license and the rights provided to the user

Template

Introduction

Start with a brief introduction (about a paragraph long) stating the purpose of the agreement.

This End User License Agreement (“Agreement”) is between you and {{App-Name}} and governs the use of this app made available through the Apple App Store. By installing the {{App-Name}} App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the {{App-Name}} App.

Parties

Specify the parties who are a part of this contract and the terms of their participation. This usually includes the App developer/publisher and the user. Furthermore, you may also mention any third party/beneficiary of the contract (Google Play or Apple Play Store).

Privacy

This section of the privacy policy talks about the collection and utilization of user information by the app. Moreover, the following diagram depicts a few categories under the collection of user information aspect: –

user-information

Next, include the following sections as per the functions/user-interactions of your app: –

  1. Use of information
  2. Sharing of information
  3. Analytics and Advertising (if you intend to use user-data for the same)
  4. User’s Choices
  5. User’s Privacy Right

Limited License

For this section, include the following paragraph. In addition, modify/add as per your requirements.

{{App Name}} grants you a limited, non-exclusive, non-transferable, revocable license to use the {{App Name}} App for your personal, non-commercial purposes. You may only use the {{App Name}} App on Apple/Android devices that you own or control and as permitted by the App Store Terms of Service.

Age Restrictions

First and foremost, this section will include any age-related usage restrictions for the App. For e.g. minimum age for creating a profile on Facebook is 13. In this section, you may also specify the cases and circumstances of any violations. Also, specify your rights as the app publisher to take necessary action for such violations (such as deletion/suspension of the profile).

Objectionable Content Policy

Objectionable Content includes (may include more): (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

In addition, also specify the mechanisms/channels for reporting or blocking such objectionable content

Warranty

Specify any warranty disclaimers in this section. Also, you may also use the following: –

{{App Name}} disclaims all warranties about the {{App Name}} App to the fullest extent permitted by law. To the extent any warranty exists under the law that cannot be disclaimed, {{App Name}}, not Apple, shall be solely responsible for such warranty.

Maintenance and Support

Specify all terms and conditions pertaining to the extent of maintenance or support provided by you.

Product Claims

This section should specify procedures for addressing any claims (related to the app or its usage)  by the app users which may include but not limited to: –

  1. Product liability claims
  2. Claims where the app fails to conform to any applicable legal or regulatory requirements
  3. Any claim arising under consumer protection or similar legislation

Third Party Intellectual Property Rights

Usually, the following paragraph sums it up: –

{{App Name}} shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the {{App Name}} App. To the extent {{App Name}} is required to provide indemnification by applicable law, {{App Name}}, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the {{App Name}} App or your use of it infringes any third party intellectual property right.

You may add more depending upon the nature of your business model. Finally, to conclude the EULA agreement, add the “Agree” and “Disagree” buttons.

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