Mobile App Terms and Conditions Template

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Managing your mobile app — and its users — shouldn’t feel like herding cats.

But as an app owner or developer, you’ve likely experienced abusive users who try to take advantage of your product or find yourself responding to the same customer questions over and over again.

A mobile app terms and conditions agreement is a powerful solution to help you:

  • Limit your liabilities
  • Answer common questions about your protocols, guidelines, and user expectations
  • Protect your intellectual property
  • Minimize legal disputes
  • Establish rules that users must follow while accessing your services
  • Post necessary disclaimers and warranties

This guide explains what mobile app terms and conditions are, how they benefit you and your users, and highlights real-world examples of other apps’ terms to inspire you when you make your own.

When you’re ready, download our free app terms and conditions template below to make an agreement for your app in minutes.

Table of Contents
  1. What Are Mobile App Terms and Conditions?
  2. Are Terms and Conditions Required For Apps?
  3. App Store Terms and Conditions Requirements
  4. How To Create a Terms and Conditions for Any App
  5. Common Clauses to Include in Your App Terms and Conditions
  6. Terms and Conditions By App Type
  7. How To Display and Get User Agreement to Your App Terms
  8. Mobile App Terms and Conditions Samples
  9. Free Mobile App Terms and Conditions Template
  10. Mobile App Terms and Conditions FAQ
  11. Summary

What Are Mobile App Terms and Conditions?

Mobile app terms and conditions, also referred to as app terms of service or app terms of use, explain the rules, requirements, restrictions, and limitations that users must abide by in order to use a mobile application.

You can use clauses in the agreement to:

  • Limit your liabilities
  • Explain your dispute resolutions
  • Protect and maintain your intellectual property rights
  • Inform users about potential consequences for breaking your rules

If you look at other mobile apps, you’ll notice that their terms and conditions go by many names, like:

  • Terms of Service
  • Terms of Use
  • Terms

Despite the different titles, these all refer to the same agreement that acts as a binding contract between you and your users and helps protect the rights of both parties.

To keep your terms consistent across all platforms, you can use the same terms and conditions document for both websites and mobile applications.

How Are App Terms and Conditions Different From A Disclaimer or Privacy Policy?

A mobile app’s terms and conditions serve a different purpose than documents like privacy policies or disclaimers.

The terms and conditions for an app explain your rights as the app developer and owner and outlines rules users must follow when accessing your product.

On the other hand, privacy policies disclose your data handling practices and explain your users’ rights over their personal information.

Unlike terms and conditions, data privacy laws and regulations often require privacy policies, like the:

  • General Data Protection Regulation (GDPR)
  • Virginia Consumer Data Protection Act (CDPA)
  • California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA)
  • California Online Privacy Protection Act (CalOPPA)
  • Personal Information Protection and Electronic Documents Act (PIPEDA)

Of course, disclaimers can also help reduce your legal liabilities, but for them to be valid, you have to post them somewhere easy for your users to find and read.

For this reason, many app developers include common disclaimers as clauses directly in their terms and conditions agreement.

Are Terms and Conditions Required For Apps?

No, terms and conditions for your mobile app are not legally required, but it’s in your best interest to have one, as they provide you and your end-users with certain protections, including:

  • Limiting your liabilities
  • Establishing and protecting your intellectual property rights
  • Protection from abusive users
  • Dispute resolutions

Let’s discuss each of these benefits in greater detail.

Mobile App Terms and Conditions Limit Your Liabilities

One of the primary purposes of a mobile app terms and conditions agreement is to limit what you can and can’t be held accountable for based on how users interact with your product.

While the specifics vary from one app to the next, including disclaimers in your terms and conditions can help limit your liabilities if disputes arise.

For example, you’ll commonly find a limit of liability or no responsibility clause within the terms of most mobile apps and websites.

They Protect Your Intellectual Property Rights

Mobile app terms and conditions help establish and maintain your intellectual property rights as the app owner.

Within separate clauses, you can include your copyright disclaimer or other relevant intellectual property laws, so users know if they can reproduce, reuse, or redistribute your content.

They Protect Your App From Abusive Users

You can use your mobile app’s terms to outline all guidelines you expect users to follow when accessing your app and explain the consequences of breaking any of your rules.

For example, you have the right to suspend or delete the accounts of abusive users who violate your app’s terms and conditions.

Prohibited activities could include:

  • Copyright infringement
  • Spamming other users
  • General misuse of your app
  • Toxic or crude comments
  • Illegal behavior or activities

If your app users can interact with one another or post content publically, you might have more community guidelines or rules than a traditional terms and conditions document.

In that case, turn your acceptable use clause into an independent document to post in relevant sections of your app but keep it linked as part of your terms and conditions agreement, referred to as an acceptable use policy.

They Explain Your Dispute Resolutions

Your app’s terms and conditions policy should explain how you’ll resolve legal disputes, which you can outline in a clause in the document.

For example, you might settle disputes by arbitration, which can be more efficient and cost-effective than litigation.

This clause properly sets your users’ expectations, so if anything ever does happen, there’s a clear process for both parties to follow.

They Benefit Your Users

Having a terms and conditions policy for your app is best for your business interests and the convenience of your users.

You can explain the finer points of your app to users, like how payment processing works or how to contact customer support directly within your terms and conditions agreement, which streamlines the process of answering many common customer questions.

App Store Terms and Conditions Requirements

Different app stores use unique guidelines about how and if you can post a terms and conditions.

Let’s discuss the requirements for app developers outlined by Apple’s App Store and the Google Play Store, two of the most common platforms for purchasing and developing mobile apps.

Apple’s Terms and Conditions Requirements

If you’re developing an app for the Apple App Store, you can choose to use their default end-user license agreement (EULA) or have the option to post your own terms of use policy.

EULAs are one the most common legal agreements for mobile apps, as it grants the purchaser the right to use the software while retaining full ownership of it.

However, EULAs are less extensive than terms and conditions policies, as they don’t address community guidelines, and only cover legal disputes regarding software issues. In comparison, an app’s terms and conditions explains how you’ll resolve content and service disputes.

Therefore, many app developers choose to use both a EULA and terms and conditions. But if you do not post a terms and conditions for your app, Apple applies their EULA by default.

In the screenshot below, check out a preview of Apple’s standard EULA.

Apple-standard-EULA

Terms and Conditions Requirements For Android Apps

For people developing Android apps for the Google Play Store, you must follow their Google Play Developer Distribution Agreement and adhere to their Developer Program Policies, as shown in the screenshot below.

Google-Play-Developer-Distribution-Agreement

This means all apps hosted in the Google Play Store follow the default terms and conditions outlined by the Google Developer Program Policies.

However, because of the reasons mentioned previously, it’s still in your best interest to make your own terms for your app. Just ensure it abides by Google’s standards, or they may reject your product.

How To Create a Terms and Conditions for Any App

There are a few common ways you can create a terms and conditions for your mobile app, including trying a:

  • Managed solution
  • Mobile App Terms and Conditions template
  • Do-it-yourself (DIY) approach

Let’s discuss each method in greater detail.

Managed Solution

The easiest way to make a terms and conditions for your app is to use a managed solution like our Terms and Conditions Generator.

With our managed solution, you don’t have to do a bunch of writing and formatting. Rather, you just answer a few simple questions about your business, and our tool builds your app’s terms and conditions for you in minutes.

See what our generator looks like in the screenshot below.

terms-and-conditions-generator-preview

Use a Mobile App Terms and Conditions Template

The odds are you were looking for a template if you’re reading this article.

We offer a free mobile app terms and conditions template you can use for your mobile app.

Our template is properly formatted with all of the proper clauses, leaving you to fill in the blanks with information about your mobile app.

DIY

You can always take a DIY approach and write your own your terms.

We only recommend this approach if you know what you’re doing and have experience. To help you along the way, we have listed the most common clauses you should include in your app’s terms and conditions in the following section.

We also have a terms and conditions writing guide if you need more in-depth help.

Common Clauses to Include in Your App Terms and Conditions

To create an app terms and conditions agreement, there are some common clauses you should be aware of, so we’ll cover all of the following:

  • Introduction and Definitions
  • License to Use
  • Acceptable Uses
  • Prohibited Behaviors
  • Termination and Account Suspension
  • Intellectual Property Protection
  • User-Generated Content
  • Payment Clauses
  • Privacy Policy Information
  • Limitation of Liability
  • Disclaimers and Warranties
  • Governing Laws
  • Changes to Your Terms
  • Contact Information

Introduction and Definitions

Whether for a mobile app or a website, all terms and conditions agreements should start with an introduction clause.

Introduce your mobile app, make it obvious who the terms apply to, and provide clear definitions so all users understand the agreement.

The screenshot below shows an example of this clause in the mobile app terms and conditions for Twitch, a popular streaming service.

Twitch-mobile-app-terms-and-conditions

License to Use

You should typically include a clause in your app’s terms and conditions granting users a license to use the software.

This clause does not replace a EULA, but does typically summarize user restrictions and limitations.

The screenshot below shows how Spotify, a music subscription app, formats this clause in their terms and conditions.

Spotify-terms-and-conditions

Acceptable Uses

Your app’s terms and conditions should also explain your app’s intended use and what you expect users to do while using it.

Setting boundaries for app use allows you to take action if a user abuses your app.

Below, see a screenshot example of this clause from WhatsApp, a popular messaging app.

WhatsApp-terms-and-conditions

Prohibited Behaviors

In addition to laying out rules for the proper use of your app, you should also outline what users can’t do on your app.

For example, you may prohibit users from spamming, copyright infringement, or collecting data without authorization.

The screenshot below shows an example of the prohibited behaviors clause from the mobile app terms and conditions of the popular social media app Instagram.

Instagram-mobile-app-terms-and-conditions

Account Termination and Suspension

Your mobile app terms should inform users that they’ll be held accountable for their actions when using your app.

Use this clause to declare your authority to terminate or suspend accounts of users who violate the terms and conditions.

Additonally, if a user decides to delete their account, you should also explain step-by-step how they can do so.

Below, see an account termination clause from Snapchat’s terms and conditions, a photo-sharing social media app.

Snapchat-terms-and-conditions

Intellectual Property Protection

Include a clause in your app’s terms and conditions that protects your intellectual property by informing users who the proprietor is and identifying what your intellectual property consists of.

In addition to protecting your intellectual property, you can keep the original content on your app safe by including a copyright disclaimer within your terms and conditions.

The screenshot below shows an intellectual property clause from TikTok’s terms and conditions, a popular social media mobile app.

TikTok-terms-and-conditions

User-Generated Content

If your app allows users to generate or post content, add a clause explaining the rights you and the users have over their content, and reserve your right to remove posts at your discretion.

It’s common for mobile apps not to retain ownership over user-generated content but to maintain the ability to reuse or repost it.

Below, see another example from TikTok.

TikTok-mobile-apps-not-retain-ownership-user-generated-content

Payment Details

Ecommerce apps should provide clear explanations of the payment terms and details directly within a clause in your terms and conditions.

Be sure to link to your return policy if you have one, or a no refund policy if you offer goods and services but no refunds.

Payment topics to address include:

  • Subscription fees
  • Payment methods
  • Canceling policies
  • Promotional offers
  • Return, refund, and exchange policies
  • Shipping policies

Below is an example of the payments clause from Spoify’s mobile app terms and conditions addressing their subscription services.

Spoify-mobile-app-terms-and-conditions-payments-clause

Privacy Policy Information

Briefly explain your privacy practices and put a link to your app’s privacy policy within your terms and conditions agreement. While it’s not a legal requirement, it‘s more convenient for your users.

See how Twitch links to their privacy policy within their app’s terms and conditions agreement.

Spoify-mobile-app-terms-and-conditions-payments-clause Twitch-link-privacy-policy-app-terms-and-conditions-agreement

Remember, privacy policies are subject to additional legal requirements depending on what data privacy laws impact your app.

Limitation of Liability

To reduce legal liabilities, include a limitation of liability clause to your app’s terms and conditions disclaiming that you’re not held accountable for potential losses and injuries due to app use.

This is a very common clause included in most app terms.

See an example below from Pinterest, an image-sharing and social media app.

Pinterest-limitation-of-liability-terms-and-conditions

Disclaimers and Warranties

Add any other disclaimers relevant to your app as clauses in your terms and conditions. You should also use a warranty disclaimer to let users know if your app has any warranties.

Below, see how Pinterest structures this clause in their mobile app terms and conditions.

Pinterest-disclaimers-app-terms-and-conditions

Governing Laws or Dispute Resolution Clause

Your governing law clause explains how you’ll approach legal disputes with your app users and informs them about what jurisdictions cover you.

This is an essential clause for apps with a global reach. Most apps set the governing law to the location where they’re headquartered or work the most in.

Below, see Pinterest’s governing law clause from their mobile app terms and conditions.

Pinterest-app-terms-and-conditions-governing-law-clause

Changes to Your App or Terms

You should inform users if and when you make changes to your app or if you make changes to your terms and conditions agreement.

Make a clause that explains your process for communicating any changes that could impact users.

See an example of this clause below from Spotify.

Spoify-mobile-app-terms-and-conditions-changes-to-your-app-or-terms

Contact Information

Make it easy for app users to contact you with questions about your terms and conditions by putting your contact information in a clause near the end of your policy.

Include an email address, mailing address, and phone number with operating hours, and ensure the information is up-to-date.

Below, see an example of this clause from Snapchat’s terms and conditions.

Snapchat-terms-and-conditions-contact-information

Terms and Conditions By App Type

The complexity of mobile apps varies drastically — for example, a digital piano app won’t need the same terms and conditions as a social media platform or shopping app.

So let’s discuss the variations in a standard terms and conditions agreement for three categories of apps based on their intricacy:

  • Simple apps
  • Software as a Service (SaaS) apps
  • Ecommerce apps

Simple Apps

Simple apps — like a clock or dictionary apps — perform basic functions, are easy to use, and typically require standard terms and conditions agreements.

Common clauses for simple mobile apps include:

  • Introduction and definitions
  • Acceptable Uses
  • Prohibited Behaviors
  • Account suspension and termination
  • Warranty and liability disclaimers
  • Intellectual property rights
  • Changes to the product or terms
  • Contact information

Even if you’re publishing a simple app, it’s important to establish your ownership over your product, limit your liabilities, and outline rules for your users.

Software as a Service (SaaS) Apps

Software as a Service or SaaS apps — such as Google Docs — are more complex because they’re often content-sharing platforms and may rely on an external cloud to bring their service to users.

Therefore, SaaS app terms and conditions commonly include clauses simple apps don’t need, like a clause addressing user-generated content.

Your SaaS mobile app terms and conditions should include the same clauses we listed for simple apps, plus:

  • User-generated content
  • Ownership of user content
  • How a user can delete/cancel/terminate an account

Explain in your SaaS mobile app terms and conditions your processes for restricting abusive user behavior, deleting inappropriate user-generated content, and terminating user accounts that violate your agreement.

Ecommerce Apps

Apps that are used for ecommerce have two primary purposes: they either sell products or connect users interested in buying, selling, and trading amongst themselves via the app’s platform.

These apps require additional clauses covering payment processes, returns, refunds, and exchanges.

Your ecommerce app terms and conditions should include all clauses listed for simple apps, plus:

  • How you handle different types of transactions
  • Payment terms
  • Your shipping policy
  • Your return, refund, and exchange policy

If your ecommerce app allows users to interact with one another or post their own content, you should include all clauses we listed for SaaS apps in your terms.

How To Display and Get User Agreement to Your App Terms

To make your mobile app terms and conditions more enforceable, you need to post them somewhere easy for users to find and prove they’ve consented to the agreement.

Let’s go over how to achieve these goals in greater detail.

How to Display Your Mobile App Terms and Conditions

We recommend following these easy tips when you’re deciding how to display your mobile app terms and conditions:

  • Link it in multiple places
  • Make it easy to see
  • Add it to static areas

Link Your Mobile App Terms and Conditions in Multiple Places

Make sure your app users see your terms and conditions by putting it in logical, relevant places, including:

  • App store description page, if possible
  • Payment screens
  • New user account creation pages
  • In your marketing emails
  • Alongside software updates
  • Before a user downloads content from your app

The screenshot below shows an example of how Pinterest links to their terms and conditions before new users sign up to use their mobile app.

Pinterest-links-terms-and-conditions-new-users-sign-up

Make Your Mobile App Terms and Conditions Easy to See

You should format the link to your app’s terms and conditions in a way that’s very conspicuous and easy to notice.

Avoid using small fonts, light-colored text, or confusing language that might make it harder for users to locate where the agreement lives.

Try to put it on a main page or home screen, so users don’t have to click through too many pages before spotting it.

Below, see an example of an easy-to-find mobile app terms and conditions from Instagram.

Instagram-mobile-app-terms-and-conditions-easy-to-find

Add Your Mobile App Terms and Conditions to Static Menus

Depending on how your app is formatted, you might have static menus that appear on every screen and never change, an ideal place for posting your terms and conditions.

Static parts of your mobile app may include:

  • Footers
  • Menus
  • Toolbars

Putting your terms and conditions in these places ensures users can access the agreement no matter what part of your app they end up on.

How to Get Users to Consent to Your Mobile App Terms and Conditions

Your app’s terms and conditions are more enforceable if you get user consent, so ensure that users see and agree to your policy before using your services.

There are three common ways to get user consent to your terms:

  • The clickwrap method
  • The browsewrap method
  • The consent banner method

The Clickwrap Method for Consent

Many mobile apps implement the clickwrap method to guarantee that users know and agree to their terms and conditions.

This method prompts users to manually accept your mobile app’s terms before being permitted to use it by actively selecting a checkbox.

We’re big fans of the clickwrap consent method because it’s unambiguous, and we recommend implementing it for your app’s terms and conditions.

The Browsewrap Method for Consent

Another way you can get user consent to your app’s terms and conditions is through the browsewrap method, which assumes that users accept your terms just by accessing or using your services.

Even if you still go the clickwrap route, we recommend adding similar language to your mobile app terms. It’s easy to do and acts as another layer of proof that users consented to your rules.

But if you only use the browsewrap method for your app, ensure people can easily find your terms and conditions agreement by hyperlinking it to a main page or homepage.

Otherwise, it becomes much harder for your terms to hold up in court if a dispute occurs.

The Consent Banner Method

You can also use a consent banner, which combines elements of both clickwrap and browsewrap, to get your users to agree to your app’s terms and conditions.

These are less intrusive than clickwrap as they still allow users to access your mobile app, yet they are more binding than browsewrap as they don’t assume consent.

Consent banners usually appear at the bottom, top, or either side of a user’s screen and include an unticked checkbox or a button asking for user consent to your terms and conditions.

While a consent banner can make users aware of your terms and conditions in an obvious way, note that banners aren’t mandatory. You can link your terms and conditions in your app’s footer or menu if you’d rather.

Mobile App Terms and Conditions Samples

Below are some good examples of mobile app terms and conditions agreements that you can use as inspiration when you go to make your own.

Etsy Terms and Conditions

To begin, let’s look at where the ecommerce app Etsy links to their terms and conditions directly on their new user sign-up page.

Etsy-links-terms-and-conditions-new-user-sign-up-page

Once you open the agreement, it’s clear that Etsy employs a browsewrap method of consent, shown for you in the screenshot below.

Etsy-terms-and-conditions-browsewrap-method-of-consent

Etsy also is a great example to look at when creating your privacy clause within your app’s terms, as they thoroughly summarize some of their data practices and link to their privacy policy twice.

Etsy-terms-and-conditions-privacy clause

Like Etsy, include relevant links to other policies within your terms and conditions as necessary to best protect your app and help users find answers to their questions.

WhatsApp Terms and Conditions

Now look at the terms and conditions from the popular messaging app WhatsApp.

They also prompt the user to accept the terms and conditions before using the app, and you can’t view it until after consenting to their policy.

WhatsApp-terms-and-conditions-user-prompt

The screenshot below shows how WhatsApp explains their dispute resolutions, with visible links included to help direct people from the US or Canada to the correct information about their rights to pursue civil action.

WhatsApp-terms-and-conditions-dispute-resolutions

We like their use of simple language and colorful links and recommend implementing similar formatting in your app’s terms and conditions.

Twitch Terms and Conditions

Next, let’s look at the terms and conditions of the SaaS app Twitch, a streaming platform and subscription service.

The policy itself is very well organized and easy to navigate through, featuring jump-links organized as a table of contents, plus they provide different language options for their users, shown below.

Like Etsy and WhatsApp, Twitch also does a good job displaying their terms and conditions before new users sign up for an account, shown in the screenshot below.

Twitch-mobile-app-terms-and-conditions-display-new-users-sign-up

The policy itself is very well organized and easy to navigate through, featuring jump-links organized as a table of contents, plus they provide different language options for their users, shown below.

Twitch-terms-of-service-policy-organized-easy-to-navigate

Twitch also consistently uses clear, easy-to-understand language throughout their policy, like in the prohibited use clause, picture in the screenshot below.

Twitch-mobile-app-terms-and-conditions-prohibited-use-clause

Free Mobile App Terms and Conditions Template

You can download our free mobile app terms and conditions template below in Word Doc, PDF, or Google Doc format. You can also just copy & paste the HTML directly to your website.

Before using it, read through the entire mobile app terms & conditions template – fill in all of the [brackets], remove any sections that do not apply to your app, and tweak any language as needed.

Mobile App Terms and Conditions [Text Format]

Last updated [Date]

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [your business name] (“we,” “us” or “our”), concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE

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Mobile App Terms and Conditions Template HTML

You can copy our mobile app terms and conditions template HTML code or download it using the options below.

Mobile App Terms and Conditions [Text Format]

Last updated [Date]

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [your business name] (“we,” “us” or “our”), concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.

The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions were generated by Termly’s Terms and Conditions Generator.

[Choose one of the options below]

Option 1: The Application is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Application.

Option 2: The Application is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Application. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Application.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.

USER REPRESENTATIONS

By using the Application, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Application through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Application for any illegal or unauthorized purpose; and (8) your use of the Application will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application(or any portion thereof).

USER REGISTRATION

You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Application, you agree not to:

[Choose from the options below, or add your own]

  1. Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use a buying agent or purchasing agent to make purchases on the Application.
  4. Use the Application to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Application.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Application in order to harass, abuse, or harm another person.
  14. Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
  16. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
  18. Delete the copyright or other proprietary rights notice from any Content.
  19. Copy or adapt theApplication’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
  21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorized script or other software.
  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
  24. Use the Application in a manner inconsistent with any applicable laws or regulations.
  25. [other]

USER GENERATED CONTRIBUTIONS

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

[Choose from the options below, or add your own]

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. 

MOBILE APPLICATION LICENSE

Use License

If you access the Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Application or relating to any applications you use or install from the Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

APP MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [link your privacy policy]. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Application is hosted in the United States. If you access the Application from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Application or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. [(If your market to children under 13, delete this sentence) Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Application as quickly as is reasonably practical.]

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by the Notification, a representative list of such works on the Application; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Application as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

[Name]

Attn: Copyright Agent

[Address]

[City, State Zip]

[email]

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles.

DISPUTE RESOLUTION

[Choose one of the options below]

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Application be commenced more than [# of years] years after the cause of action arose.

Option 2: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least [# of years] days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Application be commenced more than [# of years] years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Option 3: Binding Arbitration

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Application or Services be commenced more than [# of years] years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.

DISCLAIMER

THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [# of months] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$Amount]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at:

[Corporate Name]

[Corporate Address]

[Corporate Phone Number]

[Corporate Fax Number]

[Email Address]

Mobile App Terms and Conditions FAQ

Check out some of the most frequently asked questions we get about mobile app terms and conditions agreements below.

Do I need terms and conditions on my app?

No, you’re not legally required to post a terms and conditions agreement on your mobile app, but it’s in your best interest to have one to limit your liabilities and minimize potential consumer disputes.

What are the benefits of having a mobile app terms and conditions?

All of the following are benefits of having a mobile app terms and conditions agreement:

  • Explains your intellectual property rights
  • Limits your liabilities
  • Outlines your dispute resolutions
  • Explains the acceptable and prohibited uses you expect users to follow

What clauses should be in my mobile app terms and conditions agreement?

You should customize the clauses in your terms and conditions agreement for your mobile app based on its unique needs, but the following are the most common clauses:

  • Introduction
  • Acceptable and prohibited uses
  • Suspension and termination
  • Intellectual property rights
  • Payment information
  • Limits of liabilities
  • Disclaimers and warranties
  • Governing and applicable laws
  • Contact information

How do you create terms and conditions for an app?

You can make a terms and conditions agreement for an app by writing it yourself or using a free customizable template or generator.

We recommend starting with a template. They’re usually free, complete some initial writing for you, and feature standard clauses for your mobile app.

Where should I display my app’s terms and conditions?

You should display your app’s terms and conditions agreement on the description page of the App store when possible and within the app itself, including:

  • Payment screens
  • New user account creation pages
  • In marketing emails
  • Alongside software updates
  • Before a user downloads content from your app\

Do I need a terms and conditions for iOS apps?

You don’t need a terms and conditions for iOS apps, but if you don’t post one, Apple provides a default end-user license agreement or EULA that automatically applies to your product.

Do I need a terms and conditions for Android apps?

No, you don’t need a terms and conditions for Android apps because all Google Play Store apps are subject to Google’s Developer Program Policies.

However, it’s still in your best interest to make one that abides by Google’s guidelines and includes additional clauses relevant to your specific app.

What laws require a mobile app terms and conditions?

No laws require a mobile app to have a terms and conditions agreement, but it’s a business best practice to use one.

How often do I need to update my mobile app terms?

You should update your mobile app terms and conditions whenever you make policy or procedural changes.

It might be worth reviewing the policy once a year to ensure it remains up-to-date and relevant.

Can I copy someone else’s mobile app terms?

No, don’t copy someone else’s terms and conditions agreement for your mobile app. Copyright laws protect these agreements, and doing so is considered plagiarism.

Copying someone else’s agreement won’t outline the proper terms or conditions relevant to your product, so try a downloadable template instead.

Is a terms and conditions template enough for my mobile app?

For most apps, a terms and conditions template is enough and will adequately protect your product. Try our terms and conditions generator to make a more in-depth policy for complex apps.

Summary

If you own a mobile app, you should have a terms and conditions agreement to protect your product from unruly users, copyright infringement, legal disputes, and more.

It may not be a legal requirement, but even basic terms and conditions benefit your app. This powerhouse policy creates a clear understanding of the expectations, guidelines, liabilities, and rules between you and your users.

You’re an app owner, not a cat herder. So download and customize our free mobile app terms and conditions template and start protecting your business better.

Masha Komnenic CIPP/E, CIPM, CIPT, FIP
More about the author

Written by Masha Komnenic CIPP/E, CIPM, CIPT, FIP

Masha is an Information Security and Data Privacy Specialist and a Certified Data Protection Officer. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. She has also been a privacy compliance mentor to many international business accelerators. She specializes... More about the author

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