Learn about why your Android mobile app needs its own EULA (End-User License Agreement), what clauses to include in the agreement and how to link it to your Android app in the app store.
3. The EULA agreement is a contract between you and the user
who purchases your Android app. It gives the user the right
to download your app and use that copy of your app.
A EULA agreement will often address:
The scope of the license
App fees and purchase price
And limitations on liability
Why your Android app needs the EULA agreement
4. Without the protection of the EULA agreement, you may
lack remedies if the user modifies the code of the app
and then distributes the modified app for profit - and
without attributing to you or your company.
Why your Android app needs the EULA agreement
6. Developers that are submitted Android apps on
Google Play Store without their own EULA agreements
are subject to these broad and general terms listed in
the “Google Play Developer Distribution Agreement”
License for Google Play Store apps
7. License for Google Play Store apps
Google Play Developer Distribution agreement is between
you (the developer) and Google Play.
As a developer, you’re allowed to create a separate EULA
specific to your app as long as it does not conflict with
the distribution agreement.
9. The “Amazon Appstore Distribution and Services Portal
Terms of Use” page (1) contains a similar provision.
License for Amazon Appstore apps
(1) Link to https://developer.amazon.com/public/support/legal/tou
11. 1 - Scope of license
The scope of the license granted by the EULA agreement includes:
Authorized uses
Limits on software copies or devices where the app is installed
And whether users have the option to modify the code
14. 2 - Licensing fees
Licensing and/or payment terms should be within the
Terms & Conditions or Terms of Use agreement (2).
However, repeating them in your EULA is not a bad practice.
(2) Link to https://termsfeed.com/terms-conditions/generator/
15. 3 - Warranties and disclaimers
Warranties, disclaimers, and limitations of liability in the Google
Play distribution agreement apply to your relationship with them
as a developer. There’s no content that controls warranties
between you and the user:
17. 3 - Warranties and disclaimers
By not having your own EULA, you risk taking on warranties
and performance guarantees that could prove more than
your app can handle.
18. 4 - Termination of license
If you enter the Android marketplace without your own EULA
agreement, you risk having no cause to terminate a license
when the situation arises.
19. Grounds to terminate the license could include:
Nonpayment
Inappropriate use
Or violations of the EULA agreement
4 - Termination of license
20. 5 - Intellectual property ownership
If you have a closed-source proprietary app, the EULA agreement
gives you cause to terminate a license if a user starts changing it
or selling the modified code of your app for profit.
21. Tripwire starts its section on licensing and ownership
by explaining these interests:
5 - Intellectual property ownership
23. Your decision on the necessity of a EULA over a T&C for
your Android app depends on the nature of your app.
EULA vs. T&C for an Android app
24. It’s a matter of user access.
EULA vs. T&C for an Android app
25. The EULA agreement grants rights for a user to operate a
copy of your app after they purchase it from you.
The Terms and Conditions (T&C) agreement is a document
that covers licensing issues but also dispute resolution
provisions, payment of fees (especially with monthly
subscriptions or services), and any behavior standards,
such as no-tolerance policies on harassment.
EULA vs. T&C for an Android app
26. Choose between EULA and the T&C agreement based on
whether you need to regulate use or behavior.
If your app requires control over both, consider drafting
both a EULA and a T&C agreement.
EULA vs. T&C for an Android app