The Core Difference
A Terms of Service (ToS) governs the relationship between a user and a web-based service or platform. An End User License Agreement (EULA) grants users a license to use software — typically downloadable software or a mobile app — and defines the limits of that license.
The practical distinction: ToS for websites and web apps; EULA for installed or downloaded software and mobile apps.
Terms of Service: For Websites and Web Apps
A Terms of Service agreement is what you need when users access your product through a browser — whether it's a SaaS platform, a marketplace, a blog, or a social network. It covers:
- User accounts and eligibility
- Acceptable use and prohibited activities
- Content ownership and IP rights
- Payment terms (for paid services)
- Liability limitations
- Termination of accounts
- Governing law and dispute resolution
EULA: For Downloadable Software and Mobile Apps
An End User License Agreement is used for:
- Desktop applications (Windows, Mac, Linux)
- Mobile apps (iOS and Android)
- Games distributed via app stores
- Plugins, extensions, and SDKs
A EULA specifically addresses the license grant — the legal permission to install and use the software. It typically:
- Grants a personal, non-transferable, non-exclusive license
- Prohibits reverse engineering, decompiling, or creating derivative works
- States that the software is licensed, not sold (the company retains ownership)
- Addresses app store distribution requirements
Why App Store Distribution Requires a EULA
Both Apple App Store and Google Play require developers to have a EULA or equivalent license agreement. Without one, you may face app rejection or removal.
Apple provides a standard EULA that applies by default to all App Store apps unless you replace it with your own. Most developers should provide their own EULA for maximum control.
Do You Need Both?
Many modern applications — particularly SaaS products with companion mobile apps — need both:
- A **Terms of Service** for the web-based account and platform
- A **EULA** for the downloadable mobile app or desktop client
If your product is entirely web-based with no downloadable component, you need only a ToS.
Generating Your Documents
TermsDock offers both a Terms of Service Generator and a EULA Generator. For a SaaS product with a companion app, generate both — it takes under a minute.