Mobile App Terms of Use (Australia)
ACL, Privacy Act 1988 and App Store Compliant
[App Name]
Effective date: [Effective Date]
These Terms of Use (the “Terms”) govern your access to and use of the [App Name] mobile application (the “App”) (category: [App Category]), available on [App Platforms], operated by [Developer Name] (ABN [Developer ABN]) of [Developer Address], [Developer Suburb], [Developer State] [Developer Postcode], Australia (the “Developer”, “we”, “us”, or “our”).
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App.
1. ACCEPTANCE OF TERMS
1.1 These Terms constitute a legally binding agreement between you and the Developer under Australian law. By accessing or using the App (including by downloading, installing, or creating an account), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, available at [Privacy Policy URL].
1.2 We may update these Terms from time to time. We will provide you with reasonable notice of any material changes by in-App notification or email. Your continued use of the App after the effective date of any update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.
1.3 The Electronic Transactions Act 1999 (Cth) and corresponding state and territory legislation confirm that electronic contracts, including these Terms accepted by clicking through or by use of the App, are legally binding.
2. ELIGIBILITY
2.1 You must be at least [Minimum Age] years of age to use the App. By using the App, you confirm that you are at least [Minimum Age] years old. If you are under [Minimum Age], you must not use the App.
2.2 If you are using the App on behalf of a business or other organisation, you confirm that you have the authority to bind that organisation to these Terms, and these Terms will apply to that organisation.
2.3 You must not use the App if you are prohibited from doing so by applicable law. Access to the App from locations outside Australia is at your own risk, and you are responsible for compliance with all local laws.
3. AUSTRALIAN CONSUMER LAW — CONSUMER GUARANTEES FOR DIGITAL PRODUCTS
3.1 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) that cannot lawfully be excluded or limited.
3.2 If you are a consumer under the ACL, digital content and digital services supplied through the App come with non-excludable guarantees under the ACL. These include: (a) services rendered with due care and skill; (b) digital goods that are of acceptable quality; (c) supply of goods and services that is consistent with any representation made about them; and (d) supply within a reasonable time.
3.3 If you are a consumer and the App fails to comply with a consumer guarantee: for a major failure, you may cancel your subscription and receive a refund of any unused portion, and seek compensation for any reasonably foreseeable loss; for a non-major failure, we will fix the problem within a reasonable time, or if we cannot, provide a refund of the unused portion of any fee paid.
3.4 The ACL’s unfair contract terms provisions (Part 2-3 of the ACL) apply to consumer and small business contracts. We have taken reasonable steps to ensure that these Terms do not contain terms that would be considered unfair under the ACL. A term is unfair if it creates a significant imbalance in the parties’ rights and obligations and is not reasonably necessary to protect our legitimate interests.
4. LICENCE TO USE THE APP
4.1 We grant you a personal, non-exclusive, non-transferable, revocable, limited licence to download, install, and use the App on a device that you own or control, solely for your personal use in accordance with these Terms.
4.2 This licence does not permit you to: (a) reproduce, distribute, or create derivative works of the App or any part of it; (b) reverse engineer, decompile, or disassemble the App; (c) rent, lease, lend, sell, or sublicense the App to any third party; (d) remove any proprietary notices or labels on the App; or (e) use the App for any commercial purpose without our express written consent.
4.3 The App is licensed, not sold, to you. We and our licensors retain all rights, title, and interest in and to the App and its content, including all intellectual property rights under the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).
4.4 Third-Party Platform Terms: Your use of the App is also subject to the terms and conditions of the platform through which you downloaded it. For apps downloaded from the Apple App Store, Apple’s terms apply. For apps downloaded from Google Play, Google’s terms apply. In the event of a conflict between those terms and these Terms, these Terms will govern your relationship with us (the Developer).
5. INTELLECTUAL PROPERTY
5.1 All intellectual property rights in the App and its content — including text, graphics, icons, audio clips, source code, software, and trademarks — are owned by or licensed to us and are protected by the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and other applicable intellectual property laws.
5.2 These Terms do not transfer any intellectual property rights to you. You may not reproduce, distribute, modify, or create derivative works from any content in the App without our prior written consent, except to the limited extent expressly permitted by these Terms or by applicable law (such as fair dealing under the Copyright Act 1968 (Cth)).
5.3 Any feedback, suggestions, ideas, or improvements you provide to us about the App are provided on a non-confidential basis and we may use them for any purpose without obligation to you.
6. ACCEPTABLE USE
6.1 You must use the App only for lawful purposes and in accordance with these Terms. You must not use the App to:
- violate any applicable law, regulation, or code of conduct;
- infringe any intellectual property rights of any person;
- transmit any content that is defamatory, discriminatory, harassing, threatening, or pornographic;
- send unsolicited commercial electronic messages (spam) in contravention of the Spam Act 2003 (Cth);
- upload or distribute any malware, viruses, or other malicious code;
- attempt to gain unauthorised access to any part of the App or its related systems;
- collect or harvest any personal information about other users without their consent;
- impersonate any person or misrepresent your identity or affiliation with any person or entity;
- engage in any conduct that could damage, disable, or impair the App or interfere with any other user’s use of the App.
6.2 You must not engage in any activity that could constitute a contravention of the Criminal Code Act 1995 (Cth), including cybercrimes involving unauthorised access to, or modification of, computer systems.
7. PRIVACY AND DATA COLLECTION
7.1 We collect, use, and disclose personal information about you in accordance with our Privacy Policy, available at [Privacy Policy URL], and in compliance with the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs).
7.2 By using the App, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. If you do not consent, you must not use the App.
7.3 We may collect and process usage data, analytics, and device information to improve the App. Where such data includes personal information, we handle it in accordance with the Privacy Act 1988 (Cth).
7.4 Notifiable Data Breaches: If we have reasonable grounds to believe that a data breach has occurred that is likely to result in serious harm to you, we will notify you and the Office of the Australian Information Commissioner (OAIC) in accordance with our obligations under the Notifiable Data Breaches scheme (Part IIIC of the Privacy Act 1988 (Cth)).
7.5 Privacy requests and complaints: To access or correct your personal information, or to make a privacy complaint, contact us at [Developer Email]. We will respond within 30 days. If you are not satisfied with our response, you may lodge a complaint with the OAIC at www.oaic.gov.au.
8. LIMITATION OF LIABILITY
8.1 Subject to clause 3 (Australian Consumer Law) and to the maximum extent permitted by law, we exclude all liability for any indirect, special, consequential, or incidental loss or damage (including loss of data, loss of revenue, loss of profit, or business interruption) arising out of or in connection with your use of the App, even if we have been advised of the possibility of such loss or damage.
8.2 Subject to clause 3 and to the maximum extent permitted by law, our aggregate liability to you for all claims arising out of or in connection with these Terms or the App is limited to the greater of: (a) the amount you paid to us for App services in the 12 months preceding the claim; or (b) AUD $100.
8.3 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under the Australian Consumer Law or any other applicable law.
8.4 App Store Limitation: For users who downloaded the App from the Apple App Store, Apple’s liability for the App is limited to the fullest extent permitted by Apple’s terms. Apple has no obligation to furnish any maintenance or support services with respect to the App.
9. ACCOUNT TERMINATION
9.1 We may suspend or terminate your access to the App immediately, without notice or liability, if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) you engage in conduct that is harmful to other users, us, or third parties; or (d) it is necessary to protect the integrity or security of the App.
9.2 You may terminate your account at any time by deleting the App and, where applicable, cancelling any active subscription through the App Store or Google Play.
9.3 On termination, your licence to use the App is revoked and you must delete all copies of the App from your device. Termination does not affect any accrued rights or obligations, and the provisions of these Terms that are expressed or by their nature survive termination (including clauses 3, 6, 9, 10, and 12) will continue in effect.
10. GENERAL PROVISIONS
10.1 Third-Party Services: The App may link to or integrate with third-party services, websites, or content. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of any third-party services is at your own risk and subject to those third parties’ own terms.
10.2 Disputes: In the event of a dispute arising under these Terms, we encourage you to contact us first at [Developer Email] to resolve the matter informally. If the dispute cannot be resolved informally, it may be referred to mediation, and if mediation is unsuccessful, to the courts of [Governing State].
10.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, it will be read down to the minimum extent necessary to make it valid and enforceable, or if that is not possible, severed. The remaining provisions continue in full force.
10.4 Waiver: Our failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right.
10.5 Governing Law and Jurisdiction: These Terms are governed by the laws of [Governing State], Australia. You and we submit to the non-exclusive jurisdiction of the courts of [Governing State] and the Federal Court of Australia. Nothing in this clause prevents either party from seeking urgent or interlocutory relief from any court with appropriate jurisdiction.
10.6 Contact Us: For any queries about these Terms, contact us at [Developer Email].
What Is a Mobile App Terms of Use (Australia)?
A Mobile App Terms of Use in Australia sets the binding terms on which customers may use the product, website, or service and allocates rights and liabilities under the Corporations Act 2001 (Cth). It defines the service scope, SLA, pricing, data-protection duties, and liability allocation between provider and customer.
The most important legislation governing mobile apps in Australia is the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth). The ACL applies to the supply of digital goods and digital services to consumers, imposing non-excludable consumer guarantees that cannot be removed by the app's Terms of Use. Australian Consumer Law was extended to cover digital products and services more explicitly following Treasury's review of the digital economy, and the ACCC has actively pursued enforcement action against developers whose terms contained blanket exclusions of consumer rights.
The Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs) govern how mobile apps collect, use, and disclose personal information. Both Apple's App Store and Google Play require all apps that collect personal data to have a Privacy Policy, and Apple requires developers to complete privacy nutrition labels disclosing their data collection practices. The Notifiable Data Breaches scheme (Part IIIC of the Privacy Act) requires organisations to notify affected individuals and the Office of the Australian Information Commissioner (OAIC) of eligible data breaches that are likely to result in serious harm.
The Spam Act 2003 (Cth) regulates commercial electronic messages, including push notifications and in-app marketing messages. Under the Act, developers must obtain the user's consent before sending commercial electronic messages, identify themselves as the sender, and provide a functional unsubscribe mechanism. The Online Safety Act 2021 (Cth) imposes obligations on certain online service providers in relation to harmful online content, and app developers who permit user-generated content may be subject to its requirements.
The Electronic Transactions Act 1999 (Cth) confirms that contracts entered into electronically — including by downloading and using a mobile app — are legally valid and binding. This means that acceptance of Terms of Use by clicking through during app onboarding or by continued use of the app after notice of the terms creates a binding contract.
The legal framework governing the Mobile App Terms of Use (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Mobile App Terms of Use (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.
When Do You Need a Mobile App Terms of Use (Australia)?
Every mobile app available in Australia — whether on the Apple App Store, Google Play, or any other distribution platform — should have clearly displayed Terms of Use that comply with Australian law. Both Apple and Google require apps to have Terms of Use and a Privacy Policy as a condition of App Store listing, regardless of whether the app is free or paid.
You need Mobile App Terms of Use if your app offers in-app purchases or subscriptions, because the Australian Consumer Law imposes specific obligations in relation to digital goods and auto-renewing subscription terms. The ACCC has issued guidance and taken enforcement action against digital subscription practices that did not clearly disclose auto-renewal terms, cancellation procedures, or ACL consumer guarantee rights. Well-drafted Terms of Use that comply with ACL requirements are essential to avoid regulatory action.
If your app collects any personal information about users — including names, email addresses, location data, device identifiers, usage analytics, or health information — you need Terms of Use that reference your Privacy Policy and establish the legal basis for data collection. For apps subject to the Privacy Act 1988 (Cth), the Privacy Policy must comply with all 13 Australian Privacy Principles, and the Terms of Use must explain how users can access, correct, or complain about their personal information.
If your app allows users to post comments, upload photos, leave reviews, or otherwise create content within the app, you need Terms of Use that establish a licence over that content, set out acceptable use rules, explain your content moderation approach, and acknowledge your obligations under the Online Safety Act 2021 (Cth). Without a user content licence, you may lack the legal rights to display, moderate, or remove content posted by users.
If your app sends push notifications or marketing messages to users, you need Terms of Use (supplemented by a compliant Privacy Policy and consent mechanism) that address the requirements of the Spam Act 2003 (Cth). Sending commercial push notifications without consent may attract significant civil penalties enforced by the Australian Communications and Media Authority (ACMA).
What to Include in Your Mobile App Terms of Use (Australia)
A well-drafted Australian Mobile App Terms of Use should contain the following key elements to comply with applicable law and protect the developer from legal risk.
Acceptance Mechanism — The Terms of Use must be presented to users at a point where they can meaningfully accept them before using the app. Click-wrap acceptance (requiring the user to tap 'I Agree' before proceeding) provides the strongest evidence of binding consent. The Electronic Transactions Act 1999 (Cth) confirms that this click-wrap acceptance is legally equivalent to a handwritten signature. The Terms should also specify the procedure for updating the Terms and how users are notified of material changes.
Australian Consumer Law Compliance — The Terms must acknowledge the consumer guarantees implied by the ACL and must not contain any term that purports to exclude or limit those guarantees beyond what the ACL permits. A well-drafted Terms of Use will include an express ACL savings clause and describe the remedies available to consumers for minor and major failures. Terms for auto-renewing subscriptions must comply with the ACL's unfair contract terms provisions and clearly disclose renewal terms, pricing, and cancellation procedures.
Licence Grant — The Terms must clearly describe the licence granted to users. For most consumer apps, this is a personal, non-exclusive, non-transferable, revocable licence to use the app for personal purposes. The Terms should expressly prohibit reverse engineering, copying, distribution, or commercial exploitation of the app without consent. The Terms should also clarify the relationship between the developer's Terms and the platform's terms (Apple Developer Program Licence Agreement or Google Play Developer Distribution Agreement).
In-App Purchases and Subscriptions — For apps with in-app purchases or subscriptions, the Terms must clearly describe pricing, billing frequency, auto-renewal terms, free trial conditions, and the cancellation process. They must acknowledge that payments are processed by Apple or Google (not the developer), and must not exclude ACL consumer guarantee rights in respect of those purchases.
Privacy and Data Collection — The Terms must reference the Privacy Policy and confirm compliance with the Privacy Act 1988 (Cth) and the APPs. The Terms should disclose the categories of personal information collected, the purpose of collection, and how users can access or correct their information. The Terms should also address the Notifiable Data Breaches scheme.
User-Generated Content — For apps that permit users to post or share content, the Terms must include a content licence (granting the developer the right to display, moderate, and store the content), acceptable use rules, content moderation policies, and an acknowledgement of obligations under the Online Safety Act 2021 (Cth).
Acceptable Use and Prohibited Conduct — The Terms must clearly set out what users may and may not do with the app, with reference to applicable laws including the Spam Act 2003 (Cth) and the Criminal Code Act 1995 (Cth). The forms-legal.com Mobile App Terms of Use (Australia) template covers the mandatory elements under Corporations Act 2001 (Cth).
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Mobile App Terms of Use (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/policies/mobile-app-terms-of-use-australia
"Mobile App Terms of Use (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/business/policies/mobile-app-terms-of-use-australia.
@misc{formslegal-mobile-app-terms-of-use-australia,
author = {{Forms Legal}},
title = {Mobile App Terms of Use (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/business/policies/mobile-app-terms-of-use-australia}},
note = {Free legal document template. Based on Corporations Act 2001 (Cth)}
}Frequently Asked Questions
Yes. The Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth), applies to the supply of digital goods and digital services, including mobile apps, in-app content, and software-as-a-service products. The ACL consumer guarantees cannot be excluded by the app's Terms of Use. For digital goods, the guarantees include that the goods will be of acceptable quality (s 54), that they will match any description given to the consumer (s 56), and that they will be fit for any particular purpose made known to the supplier (s 55). For digital services, the guarantees include that services will be rendered with due care and skill (s 60) and within a reasonable time (s 62). If a mobile app fails to comply with a consumer guarantee — for example, it crashes persistently and cannot be used as advertised — the consumer is entitled to a remedy. For a major failure, the consumer may cancel and seek a refund of the app purchase price or subscription fee, and seek compensation for any reasonably foreseeable loss. The ACCC has actively pursued enforcement action against app developers whose terms sought to exclude ACL rights.
Auto-renewing subscription terms in Australian mobile apps are subject to the ACL's unfair contract terms provisions (Part 2-3 of the ACL), which apply to consumer contracts and small business contracts. A term that automatically renews a subscription without adequate disclosure and a clear cancellation mechanism may be challenged as unfair if it creates a significant imbalance in rights and causes detriment to the consumer. The ACCC has issued guidance indicating that subscription terms should clearly disclose: the subscription price and billing frequency; that the subscription auto-renews unless cancelled; how and when to cancel; and what happens to the price after any introductory offer period. Both Apple's App Store and Google Play have their own requirements for auto-renewing subscriptions, including mandatory disclosure of renewal terms and cancellation instructions. For apps on the Apple App Store, Apple processes all subscription payments and handles cancellations through user account settings.
The Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs) apply to Australian Government agencies and to private sector organisations with an annual turnover of more than $3 million, as well as to health service providers and certain other businesses regardless of turnover. If your app falls within scope, key obligations include: under APP 1, having a clearly expressed and up-to-date Privacy Policy; under APP 3, only collecting personal information that is reasonably necessary for your functions or activities; under APP 5, notifying users at the time of collection about what information is being collected and how it will be used; under APP 6, only using or disclosing personal information for the primary purpose of collection (or a directly related secondary purpose) unless the individual consents; under APP 8, taking reasonable steps before disclosing personal information to overseas recipients; and under APP 11, taking reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access. Both Apple and Google require all apps that collect personal data to provide a Privacy Policy, regardless of turnover, and Apple's App Store requires developers to complete privacy nutrition labels disclosing data collection practices.
Under Apple's App Store and Google Play's developer agreements, all in-app purchases and subscription payments are processed by Apple and Google respectively, not by the app developer. This has important implications under Australian Consumer Law. Apple and Google act as agents for the developer in collecting payments from consumers. Under the ACL, the developer remains responsible for consumer guarantees in relation to the digital goods and services supplied through the app — for example, if the in-app content is not fit for purpose or cannot be accessed due to a developer error. However, for refund claims based on accidental purchases or change of mind (rather than ACL consumer guarantee failures), consumers are typically directed to Apple or Google's own refund processes. App developers should ensure their Terms of Use clearly explain the refund process and acknowledge that ACL consumer guarantee rights are not excluded by platform-based refund limitations.
The Spam Act 2003 (Cth) regulates unsolicited commercial electronic messages, including push notifications and in-app marketing messages. To comply with the Spam Act: (1) you must obtain the user's express or inferred consent before sending commercial electronic messages; (2) all commercial messages must clearly identify the developer as the sender; and (3) all commercial messages must contain a functional unsubscribe mechanism that allows users to opt out. Express consent means the user has explicitly agreed to receive marketing messages — for example, by ticking an opt-in box during registration. Inferred consent may arise from an existing business relationship, but it is more limited in scope. Push notifications sent to promote commercial products or services that do not meet these requirements may constitute spam under the Act and attract civil penalties, which the Australian Communications and Media Authority (ACMA) has actively enforced. App Terms of Use should address consent to receive commercial push notifications separately from consent to receive transactional notifications.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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