End-User License Agreement (EULA)
The license terms that govern downloadable or installed software and mobile apps.
What is an End-User License Agreement?
An End-User License Agreement (EULA) is the license contract that governs downloadable or installed software and mobile apps.
Anyone distributing software, a desktop app, mobile app, plugin, or firmware that users install and run, as opposed to a purely web-based service.
End-User License Agreement template, current for 2026
Handles both perpetual and subscription licenses. It adds current app-store pass-through terms (Apple/Google), open-source-component acknowledgment, telemetry/data-collection disclosure tied to the Privacy Policy, an AI-feature and no-training clause, and modern export-control and U.S.-government-rights language, all written more plainly than the boilerplate EULAs in circulation.
How HDAi does this differently
Unlike a static form, HDAi runs a guided interview and assembles your End-User License Agreement as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.
What you’ll be asked
- Who is the software publisher (the licensor granting the license)? This is your company, the party that owns the software and grants the license. Its legal name and address appear throughout and in the signature block.
- What is the name of the software product or app? The commercial name of the software or mobile app this EULA governs. It is defined as the "Software" and referenced throughout.
- What kind of software is this? Determines platform-specific terms. App-store rules and mobile device permissions apply to mobile apps.
- Which app stores or distribution channels will offer the software? Apple and Google each require EULAs to include their own end-user terms and third-party-beneficiary language; selecting them adds the required app-store rider.
- Which US state's law governs this agreement? Sets the governing law and the courts that hear disputes. Usually the state where the licensor is based.
- Specify the governing-law state We use this state's law and courts because you selected "Other" above.
- In what city/county should courts and arbitration be seated? Fixes the exclusive forum for lawsuits and the seat of any arbitration, so disputes are heard in one predictable place.
- What license/pricing model applies? Shapes the fee, renewal, and termination terms. A subscription auto-renews and can be shut off for non-payment, while a perpetual license does not.
- What is the subscription billing period? Sets the renewal interval and the notice window for cancellation.
- Do you offer a free trial or introductory-rate period before paid charges begin? If yes, we add FTC and state auto-renewal disclosures for trial-to-paid conversion, including affirmative consent before the first charge.
- Do you offer a voluntary refund window (in days) for paid purchases? Optional. If you set a number of days, we add a courtesy refund clause that sits on top of any non-waivable statutory refund rights. Leave blank for no voluntary refund policy.
- How many devices/installs does one license cover? Defines the permitted scope of use so users know how broadly they may install the Software.
- Is use limited to personal/non-commercial, or is commercial use allowed? Pick business use or personal use only. Business use is routed to a commercial-addendum and DPA hook.
- For business use, will Licensor process personal data on the customer's behalf (requiring a DPA)? Optional context flag. When the Software makes Licensor a processor/service provider for a business customer, a data processing addendum applies. The Business Use section references a DPA regardless; this helps you confirm one is needed.
- Does the Software connect to your servers or online services? If the app talks to your backend, we add availability, acceptable-use, and account-suspension terms for the connected service, and enable the user-content and DMCA path.
- Can users submit, upload, post, or store their own content through the Software? If yes, we add a user-content license grant, a DMCA notice-and-takedown clause with a designated copyright agent, and a content-removal standard for the online-services path.
- Who is your designated DMCA copyright agent, and how are they reached? Name or title, mailing address, and email for the agent who receives copyright-infringement notices. This should match the agent registered with the U.S. Copyright Office.
- Do users create accounts / log in? Adds account-registration, credential-security, and account-termination terms where users sign in.
- Does the Software collect personal or usage data? Cross-references your privacy policy and adds CCPA/CPRA notice-at-collection, opt-out, and retention/deletion hooks that most app stores and privacy laws require.
- What is the URL of your privacy policy? The EULA incorporates your privacy policy by reference; users need a live link to it.
- Are your users consumers, including California or other state residents with privacy rights? If yes, we add CCPA/CPRA hooks: a Do Not Sell or Share opt-out pointer, retention/deletion statement, and a state-consumer-rights savings clause. Choose yes for consumer-facing apps.
- Will the Software install updates automatically? Authorizes automatic downloading and installation of patches and new versions so users consent in advance.
- Does the Software include third-party or open-source components? Adds a clause preserving third-party and open-source license terms, which those licenses require.
- Does the Software include AI or generative-AI features? If yes, we add an AI section with a commitment not to train foundation models on your inputs without consent, an output-accuracy and no-reliance disclaimer, IP allocation of prompts and outputs, and human-oversight and acceptable-use limits.
- Will you commit not to train your foundation/base models on user inputs and outputs without consent? Yes gives users a strong no-training commitment (recommended and increasingly expected). No uses a model-improvement clause with an affirmative-choice hook where law or app stores require it.
- What warranty (if any) do you offer? Controls the warranty section. Free/consumer software is typically as-is; a limited warranty offers a repair-or-refund remedy for a set period.
- How many days does the limited warranty last? Sets the window during which a defect entitles the user to the repair-or-refund remedy.
- How should the cap on your liability be set? Limits your maximum financial exposure. A fixed dollar cap or fees-paid cap is standard for consumer software, and a savings clause preserves the liabilities the law does not let you cap.
- What fixed liability-cap amount (USD)? The maximum dollar figure of your liability under this agreement.
- Will Licensor provide an IP-infringement indemnity for the Software? Optional. If yes, Licensor agrees to defend users against claims that the Software infringes a third party's US patent, copyright, or trademark, subject to standard conditions and remedies. Common for paid and business software.
- How should disputes be resolved? Chooses between court litigation and binding arbitration. Arbitration with a class-action waiver is common in consumer EULAs but must be conspicuous, and includes a mass-arbitration batching protocol and a non-severable class waiver.
- Which arbitration administrator should govern? Names the rules and provider for arbitration so the process is defined.
- Include US export-control and sanctions compliance terms? Confirms users are not in embargoed countries or on denied-party lists, required for most US-distributed software.
- Include US Government end-user (restricted rights) terms? Adds the FAR/DFARS commercial computer software clause needed if federal agencies may license the Software.
- Is this Software, or a feature of it, offered as beta or pre-release? If yes, we add a beta/pre-release section: as-is evaluation terms, no obligation to release, and confidentiality of non-public beta information.
- Do you provide technical support or maintenance? States whether support is included, so expectations are clear.
- What is the contact email for support? Where users send support requests. This is distinct from the formal legal-notice address below.
- What is the address for formal legal notices to Licensor (and for arbitration opt-out)? A dedicated legal-notice address, distinct from the support email, where users send formal notices and any arbitration opt-out. Include a legal/attention line and mailing address, and an email if you accept notice by email.
- How does the user accept this EULA? Sets the acceptance mechanism, which determines when the contract becomes binding.
- What is the effective date / last-updated date of this EULA? The date shown at the top of the agreement and used to track versions.
Frequently asked
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