Australian Mobile App Terms of Use (also called Terms and Conditions or End User Licence Agreement — EULA) is a legally binding agreement between the developer or publisher of a mobile application and every user who downloads, installs, or uses the app. It sets out the rules for using the app, the licence granted to users, the obligations of both parties, and the legal framework that governs the relationship — in a form that complies with Australia's consumer protection, privacy, and online safety laws.

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.

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).

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).