Terms & Conditions for mobile apps (iOS, Android, Windows)

Post on 08-Jan-2017

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Transcript of Terms & Conditions for mobile apps (iOS, Android, Windows)

A Terms and Conditions agreement (1) is the legal backbone of the relationship between your

mobile app and your users.

(1) Link to https://termsfeed.com/terms-conditions/generator/

It doesn’t matter if your mobile app is running on iOS or Android.

Terms and Conditions for iOS app

Apple has a standard EULA agreement (2) that binds users when they download your iOS app.

You can choose to add your own agreement instead of Apple's default one to extend it with more clauses.

(2) Link to https://termsfeed.com/blog/apple-default-eula/

Terms and Conditions for Android app

(3) Link to https://play.google.com/about/developer-distribution-agreement.html#showlanguages

The Distribution Agreement of Google Play Developer (3) requires that you grant your users a “non-exclusive, worldwide,

and perpetual license to perform, display, and use the Product on the Device.”

You could cover this in the End-User License Agreement (EULA) or cover it in your own Terms and Conditions agreement + other

clauses that are useful for your Android app.

You will be protected against abuses by users, such as copyright infringement, spamming of other users, and general misuse of your app,

You can require arbitration over litigation (5), and even select the governing law to be used in the event of a legal issue,...

(5) Link to https://termsfeed.com/blog/arbitration-clause-terms-conditions/

... continue

You maintain the right to terminate user’s accounts at any time you may need or want to, and

Your liability to users will be limited.

Think of your Terms and Conditions agreement as the legal agreement where:

You maintain your rights to exclude users from your app in the event that they abuse your app

You maintain your legal rights against potential abusers of your app

And so on.

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A Terms and Conditions is not required by law. Most mobile apps would want and need this kind of agreement, but especially so those:

Mobile apps are part of a SaaS app

Mobile apps with user-generated content

Mobile apps that are part of an ecommerce store

Some mobile apps are simple.

These apps tend to have more basic Terms and Conditions than the other types of apps.

Common clauses for a Terms and Conditions for simple mobile apps include:

Retention of Rights of Ownership/Ban on Infringement

Retention of the Right to Change the App at Any Time

Restriction on App Abuses

Disclaimer of Warranties and Liabilities

Retention of Right to Terminate/Ban Users

Have a look at an example of a

“Right to Terminate” clause.

Having a Terms and Conditions in place for a SaaS app (6) is important:

The app owner can maintain ownership of all aspects of the app

The app owner can restrict certain abusive behaviors by those accessing the software...

(6) Link to https://termsfeed.com/blog/terms-use-privacy-policy-saas-applications/

... continue

The app owner can limit his liability to the user

The app owner and retain the right to terminate a user’s account if need be

If you sell commerce through your app, you will want Terms and Conditions (7) in place to:

Dictate how different aspects of transactions will be handled

Inform users about acceptable payment terms (8) ...

(7) Link to https://termsfeed.com/blog/terms-conditions-ecommerce-stores/

(8) Link to https://termsfeed.com/blog/payment-terms-terms-conditions/

... continue

Inform users about your shipping policies

Inform users about your returns and refunds policies. You can also do this through a separate agreement, called Return/Refund Policy (9), that you can reference in the Terms & Conditions agreement.

(9) Link to http://termsfeed.com/return-refund-policy/generator/

Examples of useful clauses for a Terms and Conditions