---
Three different documents
They get confused because they all sound like "legal stuff," but they answer different questions:
- Privacy policy — what data you collect, why, and what users can do about it.
- Terms of Service (ToS) — the rules for using your service (acceptable use, liability limits, termination).
- EULA — a license granting the user the right to use your software under conditions.
Privacy policy — data practices
This is the one regulators and app stores check first. It must match what your app and SDKs actually do (see the companion post on what to include). GDPR and most store policies require a public URL.
Terms of Service — the rules
ToS governs the relationship: what users may and may not do, your liability disclaimer, dispute handling, and account termination. It protects you when a user misuses the service.
EULA — the software license
An EULA licenses the software itself. For distributed apps (especially desktop or licensed binaries) it matters; for a pure web service, ToS often covers the relationship and a separate EULA is less critical. Many apps use ToS + Privacy and skip a standalone EULA unless they license software specifically.
Which do you need?
Most apps need at least Privacy + ToS. Add an EULA if you license software under specific conditions. The right set depends on your model and market — a generated template gets you a draft fast, but counsel should confirm which documents your app actually needs.
Authoritative references
- GDPR Art. 12–14: https://gdpr-info.eu/art-12-gdpr/
- Apple App Store Review Guidelines: https://developer.apple.com/app-store/review/guidelines/
- FTC business guidance (truthful disclosures): https://www.ftc.gov/business-guidance