Android’s default EULA

Why your Android app needs the EULA agreement

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

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

License for Google Play Store apps

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

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.

License for Amazon Appstore apps

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

Clauses of the EULA agreement of an Android app

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

1 - Scope of license

1 - Scope of license

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/

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:

3 - Warranties and disclaimers

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.

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.

Grounds to terminate the license could include:

Nonpayment Inappropriate use Or violations of the EULA agreement

4 - Termination of license

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.

Tripwire starts its section on licensing and ownership by explaining these interests:

5 - Intellectual property ownership

EULA vs. T&C for an Android app

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

It’s a matter of user access.

EULA vs. T&C for an Android app

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

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

Disclaimer: Legal information is not legal advice

termsfeed.com@termsfeed