If your app is distributed via the Apple App Store, you have the option of using your own custom EULA or one provided by Apple. Not sure which one to go with? Learn about the benefits of having a custom agreement in this informative presentation. Read the related blog post here: https://termsfeed.com/blog/apple-custom-eula-minimum-requirements/

1. Custom EULA to Meet
Apple’s Minimum Requirements

2. If you distribute your app on Apple’s
App Store, you’re provided with the
option to use Apple’s default End
User License Agreement (EULA).
EULA
AGREE

3. While Apple’s default EULA includes all of the standard
clauses, a lot of developers still choose to create a custom
EULA rather than using Apple’s.
Why is that?

4. There are a number of reasons why
you may prefer to create your own
custom EULA for your app.
Here are 3 of them.

5. 1. More control over the Terms
Apple’s default EULA may be a good choice for
most basic apps.
However, if your app has special warranties, unique
limitations or atypical terms, you’ll want to create
your own EULA.
This will let you have more control over the scope
and content of your Terms.

6. 2. Including additional clauses
Because Apple’s default EULA is designed to apply
to most apps, it may not include everything your
specific app needs.
If your app is more complex than the average, you’ll
want to create your own EULA to include more
complex clauses.

7. 3. Including more detailed Terms
While Apple’s default EULA includes all of the standard
restrictions, you may wish to limit specific behavior
not covered.
Again, the more complex your app is, the more you’ll
likely want to create your own EULA.

8. If you do opt for a custom EULA for your app that’s distributed
on the Apple App Store, Apple has 10 requirements for your
EULA.
These requirements can be found in Apple’s Instructions for
Minimum Terms of Developer’s End-User License Agreement (1).
(1) Link to: https://www.apple.com/legal/internet-services/itunes/dev/minterms/

9. 1. Acknowledgement
Let users know that the EULA is between you and them and
not Apple, and that you -- not Apple -- are responsible for the
app.

10. Let users know that you are granting a limited and non-trans-
ferable license that is to be used on an Apple product under
that user’s control.
2. Scope of License

11. Let users know that you -- not Apple -- are responsible for
any app maintenance and support, and that Apple has no
obligation to provide this.
3. Maintenance and Support

12. Let users know that you -- not Apple -- are responsible for
warranties. For paid apps, make it clear that Apple’s only
involvement will be to provide a refund of the app’s
purchase price if requested.
4. Warranty

13. Let users know that you -- not Apple -- are responsible for any
product claims “including but not limited to: (i) product liability
claims; (ii) any claim that the Licensed Application fails to conform
to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection, privacy, or similar legislation.”
5. Product Claims

14. Let users know that if there are any third party claims that
the app infringes upon property rights, you -- not Apple -- will
be responsible for the “investigation, defense, settlement
and discharge” of the claims.
6. Intellectual Property Rights

15. Include a clause that starts off by saying, “You represent and
warrant that:” and then includes the phrasing by Apple.
7. Legal Compliance

16. This is usually placed at the end of the EULA.
8. Developer Name and Address

17. Let users know that they must comply with third party
agreements when using your app.
9. Third Party Terms of Agreement

18. Let users know that while Apple isn’t a party to the
agreement, Apple will have the right to enforce the EULA
as a third party beneficiary of the agreement.
10. Third Party Beneficiary

19. So, if you decide to create your own custom EULA instead of
using Apple’s default, remember to include the following along
with your own custom terms:
Acknowledgement
Scope of License
Maintenance and Support
Warranty
Product Claims
Intellectual Property Rights
Legal Compliance
Developer Name and Address
Third Party Terms of Agreement
Third Party Beneficiary