How to write a EULA in 2026 — the full guide
Step-by-step guide covering the 14 sections every EULA needs, Apple's 10 Minimum Terms, EU AI Act Article 50 obligations, enforceability across US / EU / UK / Germany, and AI training opt-outs. Written for software publishers, with examples and red flags.
Read the 22-minute guide →About This EULA Generator
An End-User License Agreement (EULA) is the legal contract between you, the software publisher, and every person who installs or uses your software. It controls what users can do with your software, what you guarantee (and disclaim), who owns what, how disputes are resolved, and when the license can be terminated. A good EULA can make the difference between collecting fees and losing IP — or, when things go wrong, between a manageable dispute and an expensive lawsuit.
This generator covers the 14 sections a modern EULA needs: license grant, usage restrictions, IP ownership, AI and data clauses, auto-updates, warranty disclaimer, liability cap, termination, export control, governing law, Apple's 10 Minimum Terms for iOS apps, and the boilerplate. Every toggle is explained, every jurisdiction adds its own carve-outs where required, and the live scorecard tells you at a glance whether the output is enforceable or weak.
What makes this generator different
Apple's 10 Minimum Terms automatically baked in
When you pick the iOS App template, this generator automatically injects all 10 required minimum terms from Apple's Instructions for Minimum Terms of Developer's End-User License Agreement: the acknowledgement that Apple isn't a party, scope limited to Apple-branded devices, developer-responsible maintenance and support, developer-responsible warranty with Apple refunding purchase price on warranty failure, developer-responsible product claims, developer-responsible IP infringement defense, export compliance, developer name/address/email, third-party terms compliance, and Apple as third-party beneficiary able to enforce the EULA. Most free generators skip this step entirely, which can get your app rejected or delisted.
EU AI Act Article 50 transparency (August 2026-ready)
Regulation (EU) 2024/1689 Article 50 becomes fully enforceable on 2 August 2026 and covers four scenarios: AI systems that interact with people (chatbot disclosure), generative AI output marking in machine-readable format, emotion recognition or biometric categorisation notice, and deepfake or public-interest text labelling. This generator's AI clause block surfaces all four obligations with the current legal phrasing, so your EULA is ready for the August 2026 deadline. Bird & Bird called Article 50's "blindest spot" the companies that integrate third-party AI models via API into user-facing systems — this is most SaaS products in 2026, and this generator flags the scenarios that apply.
AI training opt-outs and output ownership
One of the most debated 2026 EULA provisions is who owns AI-generated outputs and whether user content can be used to train models. Since 2026, many state and national laws require an explicit opt-out mechanism even if you don't currently train on user data. This generator offers three ownership approaches (user owns, licensor owns, or joint) and generates the opt-out language automatically when you enable the clause.
Jurisdiction-aware enforceability
The EU Digital Content Directive (2022) limits EULA enforceability to terms that don't breach "reasonable consumer expectations." Germany only enforces EULAs known to the customer before purchase. The UK's Consumer Rights Act 2015 makes statutory rights non-excludable. Australian Consumer Law guarantees can't be disclaimed. This generator adds the right carve-outs automatically for each jurisdiction you select, so you're not accidentally writing an unenforceable clause.
Export control built in
Every modern EULA for US-based software needs to address the US Export Administration Regulations (EAR), OFAC sanctions, the Treasury SDN list, the Commerce Denied Persons List, the Entity List, and the weapons end-use prohibition. All five are on by default. If your software involves encryption or certain dual-use technology, these clauses can make the difference between a compliant export and a Commerce Department fine.
100% in-browser, no account, no tracking
Everything runs locally in your browser. Your EULA is never uploaded anywhere, we don't see your company info, and the config is saved only in your own localStorage. No signup, no subscription, no email gate, no usage limits. Export as HTML, Markdown, plain text, PDF (via print), JSON config (for backup), or Apple-formatted plain text (ready to paste into App Store Connect).
Frequently Asked Questions
What is a EULA and do I need one?
An End-User License Agreement (EULA) is a legal contract between the software publisher (you) and the end user granting them the right to use the software under specific conditions. You need a EULA if you distribute any proprietary software — desktop apps, mobile apps, browser extensions, games, SDKs, AI models, IoT firmware, or SaaS clients. Without a EULA, your users only have default rights under copyright law (which do not include most of what they need to legally use the software), and you have no explicit restrictions on reverse engineering, redistribution, or modification. Courts have upheld clickwrap EULAs since ProCD v. Zeidenberg (1996), but enforceability requires affirmative acceptance — not a pre-checked box — and reasonable presentation.
What is the difference between a EULA and Terms of Service?
A EULA specifically governs the license to use software — IP ownership, usage restrictions (no reverse engineering, no redistribution), liability limits, and termination. Terms of Service (ToS) govern broader platform use — accounts, payments, conduct, and the service relationship. They are often used together: a SaaS product typically has both a ToS (for the service) and a EULA (for the client-side software). A pure client-side app (like a desktop utility) usually only needs a EULA. Confusingly, many vendors combine both into one Terms & Conditions document, which can work for simple products but limits your ability to be specific about license scope and termination.
Do I need a custom EULA for iOS apps, or is Apple's default enough?
Apple provides a Standard EULA (Licensed Application End User License Agreement) that applies by default to every App Store app unless you provide a custom one. The default covers the basics — license scope, Usage Rules, termination, warranty disclaimers, export compliance. It is adequate for small free apps. But if you have IP worth protecting, specific usage restrictions, monetization, in-app purchases with special terms, or content licensing considerations, you should provide a custom EULA. If you do, it must meet Apple's 10 Minimum Terms of Developer's EULA — which this generator bakes in automatically whenever you select the iOS App template. Failing to include any of those 10 terms can get your app rejected or delisted.
What are Apple's 10 Minimum Terms for a custom EULA?
Apple requires that any custom EULA for an App Store app include these 10 terms at minimum: (1) Acknowledgement the EULA is between user and developer only, not Apple; (2) Scope of license — nontransferable, Apple products only, Usage Rules compliance; (3) Maintenance and support is the developer's responsibility, not Apple's; (4) Warranty is the developer's responsibility, with Apple refunding purchase price on warranty failure; (5) Product Claims — developer handles product liability, regulatory compliance, consumer/privacy claims; (6) IP Rights — developer handles third-party IP infringement claims; (7) Legal Compliance — user not in US-embargoed country or on SDN/Denied Persons/Entity List; (8) Developer name, address, and contact information; (9) Third-party terms compliance notice (the app must not violate third-party agreements like wireless data plans); (10) Apple is a third-party beneficiary and may enforce the EULA against the end user. All 10 are auto-inserted when you select the iOS App template.
What does the EU AI Act Article 50 require in a EULA?
EU AI Act Article 50 (Regulation (EU) 2024/1689) becomes fully enforceable on 2 August 2026 and imposes four transparency obligations that may need to be surfaced in a EULA for AI-enabled software: (1) Providers of AI systems that interact directly with natural persons (chatbots, voice assistants) must ensure users are informed they are interacting with AI, unless obvious; (2) Providers of generative AI must mark AI-generated outputs in a machine-readable format so they can be detected as artificial; (3) Deployers using emotion recognition or biometric categorisation must inform affected persons; (4) Deployers generating deepfakes or AI-manipulated public-interest text must disclose the artificial origin. If your software involves any of these scenarios, this generator's EU AI Act clause block surfaces the required disclosures in the EULA and links them to in-product notices. Article 50 applies to any company integrating third-party AI models (via API) into user-facing systems, even if you are not the model provider — this was called the "blindest spot" by Bird & Bird.
Is my EULA enforceable in the EU, UK, and Germany?
The EU Digital Content Directive (2022) limits EULA enforceability to terms that do not breach 'reasonable consumer expectations' — which means aggressive clauses (broad derivative-work claims, unlimited liability disclaimers, unilateral modification rights) may be unenforceable against EU consumers even if the user clicked accept. Germany goes further: EULAs are only enforceable if the user knew the terms before purchase — post-install presentation alone is not sufficient for German consumers. The UK's 2008 National Consumer Council study flagged concerns with 17 major tech EULAs, and as of 2020 the enforceability of broad derivative-work clauses against UK consumers has not been judicially tested. This generator's EU and UK jurisdictions temper warranty disclaimers and add consumer-protection carve-outs to maximize enforceability. For high-value or high-risk products, always have a local lawyer review.
Should I allow my AI to train on user content, and how do I address it?
Whether or not you train on user content is a business decision, but the EULA must address it clearly as of 2026. Best practice: (1) State explicitly whether you use user data or content to train, fine-tune, or improve AI models; (2) Provide an opt-out mechanism even if you do not currently train on user data (a requirement in several 2026 state and national laws); (3) Specify a retention policy; (4) Disclose whether third-party AI service providers process user content. If you do train on user content, clarify who owns AI-generated outputs — this is one of the most debated 2026 EULA provisions. The common approaches are: (a) user owns outputs but grants you license to use them, (b) you own outputs and license them back to the user, or (c) joint ownership with specific use rights. This generator surfaces all three options in the AI Clauses step.
How often should I update my EULA?
At minimum once per year, per Venable LLP's 2025 guidance. You should trigger an interim update whenever: (1) a relevant law changes (EU AI Act, new state privacy laws, CCPA amendments, GDPR enforcement decisions); (2) your product adds AI features, data collection, or third-party integrations; (3) you add or change monetization (introduce subscriptions, in-app purchases, ads); (4) you enter a new jurisdiction; (5) a court issues a ruling affecting clauses you rely on (e.g., arbitration enforceability). When you do update, require re-acceptance from existing users for material changes — silent updates to adversely change user rights have been struck down. This generator outputs a dated version and includes a 'Changes to this Agreement' section that explains how users will be notified and prompted to re-accept material changes.
Related legal tools
Built by Derek Giordano · Part of Ultimate Design Tools · All Legal Tools
This tool and its output are educational and are not legal advice. For high-value or high-risk products, have a qualified lawyer review the output before use.