Terms of service for a mobile app

A mobile app reaches its users through a store that has its own contract with them, takes their payment and sets rules the developer must follow. The developer's terms sit alongside the store's: they grant the licence to use the app, deal with in-app purchases and subscriptions under consumer law, address device permissions and data, govern user content and conduct, and limit liability within what the law allows. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Businesses and developers in England and Wales publishing an app on the Apple App Store or Google Play for consumers or business users, free or paid, with in-app purchases or subscriptions, who need end-user terms that work with the stores' requirements and English consumer law.

What matters in mobile app terms of service

The app store, the developer and who the user contracts with

The terms should say that the user's contract for the app is with the developer, that the store is not a party and has no obligation to support the app, that store purchases and refunds are processed under the store's terms, and should include the provisions the stores require developers to include in their end-user terms, which the store agreements set out. Where the app is paid for through the store, the store's refund process applies alongside the user's statutory rights, and the terms should not contradict either.

The licence to install and use the app

The user receives a personal, non-transferable licence to install and use the app on devices they own or control, and the terms should say so, prohibit copying, modification, reverse engineering beyond what section 50B of the Copyright, Designs and Patents Act 1988 permits, distribution and use to build a competing product, and keep the app and its content the developer's. Where the app includes open source components, the terms should say that their licences apply to those components.

In-app purchases, subscriptions and consumer rights

An in-app subscription bought by a consumer is digital content under section 34 of the Consumer Rights Act 2015, with the cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 lost only with express consent under regulation 37, and the subscription rules under Part 4 of the Digital Markets, Competition and Consumers Act 2024 on renewal reminders and cancellation as they come into force. The terms should state how subscriptions renew and are cancelled through the store's subscription management, and what a consumer may claim from the developer where the content is faulty.

Device permissions, data and children

The terms should refer to the privacy notice under the UK GDPR for the data the app collects, say which device permissions the app asks for and why, and address location, camera and contacts data specifically. If the app is likely to be used by children, the age appropriate design code under section 123 of the Data Protection Act 2018 governs its design, and the terms should state a minimum age and how the developer handles accounts of users below it. Push notifications and in-app marketing follow the Privacy and Electronic Communications (EC Directive) Regulations 2003.

User content, conduct and online safety

Where users post, message or share content, the terms should take a licence to host and display it, set conduct rules, provide for reporting, removal and account suspension with reasons, and say that illegal content is removed and reported, because an app that hosts user content and allows interaction may have duties under the Online Safety Act 2023 to assess risks and to protect users, particularly children. Users remain responsible for what they post.

Updates, support, liability and ending

The terms should say that the developer may issue updates and may require them for continued use, that support is provided as described, that the app depends on the device, operating system and network which the developer does not control, and should limit liability within the Consumer Rights Act 2015 for consumers and the Unfair Contract Terms Act 1977 for business users, without excluding liability for death or personal injury caused by negligence or damage to the device caused by the app under section 46 of the 2015 Act. The developer may withdraw the app on notice with refunds for unexpired subscriptions, and third-party rights are excluded under the Contracts (Rights of Third Parties) Act 1999 except for the store where its agreement requires it.

What it costs

SaaS terms of service, £995. Your standard customer-facing terms. Five working days.

Buying online forms the engagement on payment. The scope is what the saas and technology contracts page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A bespoke contract drafted for how your product is sold, delivered and supported
• Service levels you can meet, with remedies that are proportionate rather than aspirational
• A liability position that is defensible and will survive enterprise procurement
• IP and data provisions that fit together rather than contradicting each other
• A commercial note on where you will get pushback and what is worth conceding
• One round of amendments

What is not included

• Negotiating individual enterprise deals, which I quote separately
• Advice on the law of jurisdictions outside England and Wales
• Technical security certification or audit
• Regulatory advice for regulated sectors such as financial services or health

Questions I am often asked

A user wants a refund for an in-app subscription. Do we deal with it or the store?

Refunds for store purchases go through the store's process, and the terms should say so; the user's statutory rights against the developer for faulty content remain. In practice most refunds are the store's decision.

Do we need to mention the app store in our terms?

The store agreements require developers to include specified provisions in their end-user terms, including that the store is not a party and has no support obligation. The terms include them.

Our app has a chat feature. Does the Online Safety Act apply?

It may, if the app allows users to share content with each other. The terms provide the reporting, removal and conduct provisions the Act expects, and the developer should assess which duties apply to its service.

Related guidance and services

• SaaS and technology contracts, £995, the service this page describes
• Contract review, £495
• Data protection agreements and privacy terms, £795
• SaaS terms of service for a consumer app
• Reviewing an app store developer agreement

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.