Using Apples standard

EULA for your mobile app

When you sign-up for an Apple App Store account to distribute
your app, an EULA is already available (1) for your app, even if
you dont have this kind of legal agreement.

This agreement, made available by Apple for all developers,

applies to apps published by developers on App Store unless
the developer chooses to have a custom EULA instead of the
standard one made available by Apple.

(1) Link to http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/

This is established through Apples standard
End-User Licensing Agreement (EULA) (2) template
made available for developers of iOS apps.

(2) Link to https://termsfeed.com/blog/sample-eula-template/

Why mobile apps need EULA
Some app developers choose to include licensing
clauses that are common in EULA agreements in
their Terms & Conditions (T&C) (3).

While this may seem like a good way to streamline

2 legal agreements into 1 single agreement, it may
prevent you from being more specific as to use and
termination of the license.

(3) Link to https://termsfeed.com/blog/sample-terms-and-conditions-template/

 Terms and Conditions vs. EULA

The confusion lies in that both agreements deal with the

concept of use. However, each addresses use differently.

When you discuss use within a Terms and Conditions

agreement, it will address topics like what types of
shows users can stream or data users can access.

In the EULA agreement, however, the use focuses more

on the possibility of misappropriation or the act of using
anothers property as personal gains (the user).
When Apples standard EULA applies
Apples standard EULA automatically applies when you,
as an iOS mobile developer, do not provide your own
licensing agreement.

If you decide to leave this standard agreement in place,

and not replace it with a custom agreement, the users
of your app will automatically agree to it when they
download your mobile app.
For example, the National Basketball Association in the
United States (NBA) is very protective of its intellectual
property.

When you visit its mobile app in the App Store (4), youll
see a link to its Licensing Agreement on the apps
profile screen:

In NBAs license agreement, youll find a provision on

intellectual property similar to Apples standard EULA
and its provisions.

(4) Link to https://itunes.apple.com/us/app/nba-2015-16/id335744614?mt=8

Another popular game in the App Store, Fruit Ninja, is distributed by a
developer called Halfbrick. When you visit the App Store to download
the game youll not see a link to its Licensing Agreement:

But when you visit the Halfbrick (5) page, you need to scroll down to
the bottom of the page and visit its Terms of Service (6) agreement:

This is an example of a less direct approach with EULA agreements in

that the agreement is not immediately accessible but you also need to
scroll a bit to find the terms.

(5) LInk to http://halfbrick.com/

(6) Link to http://docs.halfbrick.com/TermsOfService.htm

Important clauses for custom EULA
Define authorized use
Restrictions on Use
Termination of use
Limitation of Liability
Warranties Disclaimers
 Bottom line: Customize your EULA

If the comparisons in the EULA agreements and their clauses

presented above mean anything, its the need to customize
the agreement to your industry and functionality of your iOS
app.

Either way, it shows that the Apples standard EULA is very

limited when it comes to protecting iOS developers.