24 December 2020
If you want your business to thrive, you need a robust set of Terms and Conditions to help manage your customers' expectations, set clear rules around the use of your services, and protect your business if you ever end up in court.
But if you operate both a mobile app and a website, do you need separate Terms and Conditions for each of these platforms, or can you wrap everything up in one overarching agreement?
The answer depends on the type of products or services you're providing and how your app and your website help you deliver those products or services.
Creating Terms and Conditions is not a legal requirement, but it's something that most businesses choose to do. To decide whether you need separate Terms and Conditions for both your app and your website, you need to consider what purpose the agreement would serve in each case.
Our Terms and Conditions Generator makes it easy to create a Terms and Conditions agreement for your business. Just follow these steps:
Enter your email address where you'd like your agreement sent and click "Generate."
You'll be able to instantly access and download your new agreement.
Having a Terms and Conditions agreement for your mobile app brings many benefits:
Some app developers also include a section within their mobile app Terms and Conditions which grants users a license to use the app. For more information about End User License Agreements (EULAs), see our article Examples of EULAs for Mobile Apps.
We're going to distinguish between two types of website Terms and Conditions:
The above clause states that Apple owns the copyright to its website's content.
Now, see how the following clause prohibits visitors from conducting certain activities on Apple's website:
Terms and Conditions agreements that cover the use of your services, which you deliver via your website, are typically much more broad. Such an agreement will contain additional clauses, for example, clauses regarding account management and billing.
Take a look at this example from Asana, which delivers its services using a browser-based Software as a Service (SaaS) application.
This clause states that users must create an account to access Asana's services. This isn't true in the case of all websites, but it may be true if you offer your services via a website:
The following clause states that users of Asana's free services will maintain ownership of content they submit to Asana:
Note this sort of clause isn't relevant to many websites.
We've explained that Terms and Conditions serve different purposes depending on the context in which they are being used.
So do you need a separate Terms and Conditions for your app and your website? There's no right answer. It really depends on the context and nature of your business.
If your mobile app is your company's main "product" or the only platform through which it delivers its services, and you just use your website for marketing purposes, you could consider creating:
For example, take a look at the introduction to HR software company Moonworkers' Terms and Conditions, which covers both its website and its mobile app:
This approach works well if you offer the same service via multiple platforms.
Now let's take a look at utility company Wasps Energy, which provides two separate agreements. Here's the introduction to Wasps Energy's Mobile App Terms and Conditions:
Separating out your two sets of Terms and Conditions like this makes sense if both agreements serve different purposes.
If you have both a website and a mobile app, you're likely collecting quite different types of data via each platform.
On the other hand, your mobile app might collect device IDs, such as Apple's ID for Advertisers (IDFA), or Google's ad ID. You might also collect analytics information via one or more third-party SDKs, or offer a single sign-on option.
For more information, see our article Do I Need Separate Privacy Policies For My Website and Mobile App?