Do I need a EULA in my iPhone app?

Question

I'm writing an application for the iPhone that lets users create 3D models which they can then upload to a website so that other people can rate and comment on them. Should I force the user to accept some type of EULA before allowing them to upload their content?

I'm just thinking that I may be in trouble if some day I decide to stop this service. Or what if I lose some of the users' data? Do I need a EULA to protect myself as the developer of this application? If so, does anyone know of any standard legalese for a EULA applicable to uploading user-generated content?

Thanks!

Answer 1

When you set up your app for submission in iTunes Connect, you have the opportunity to set a EULA. Apple also provides a template EULA to get you started which is also available in the area where you edit your EULA.

As for protecting yourself based on what you have asked, you should probably seek legal advice.

Answer 2

You can add extra terms for the upload. That would constitute an EULA for your website, not your app. In general, jurisdictions assume that users of a free service get only limited rights. There are specific exceptions, however, and for that reason alone you might want to state explicitly in your website EULA which jurisdiction applies (yours, presumably).

Furthermore, you should clarify the copyright status of submitted content. Again, there's a common pattern: submitter retains the copyright, but grants you a perpetual, irrevocable, non-transferable license for use of the submitted content on your website.