Does a FOSS App need TOS and Privacy Policy?

Definitely take this all with a grain of salt—I am by no means a legal expert, this is just my advice.

Privacy Policy

Required by law in Germany if you are collecting any sort of data about your users (even if it is being collected by a third party through your app, or if it is entirely anonymous data).

Data Processing Agreement

Required by law in Germany for the same reasons as the Privacy Policy. This agreement makes it clear how your users’ data is used.

Cookie Policy

Required by law in Germany if your application uses cookies of any kind (mostly applies to web app and web technologies)

Terms of Service

Highly recommended. This may protect you immensely if and when you end up in a legal situation down the road.

Other

Otherwise, you should look into these as well if applicable:

• EULA (if distributing your app to be run on someone else’s device)
• DCMA Policy (if you host and share any user-generated content)
• Return Policy (if you are selling anything)

These documents matter most if (1) there is money involved or (2) when you are receiving, processing, storing, or sharing user-submitted content or any data about your users. This is because you are less likely to end up in a legal mess if you’re not taking people’s money or data.

Starting out, you can find templates for these online. A template will be better than nothing at all. Then, if you are able down the road, you can hire a legal professional to write and review your documents for you. A legal professional might recommend more specific documents or different versions of the same document as well.

Not sure about Germany, but in the United States it’s fairly inexpensive to start an LLC. You can then put legal documents under that new entity instead of your own personal name. This can protect you and your own belongings from any unfortunate financial or legal situations.

Again, if you’re not receiving money or any user data, you don’t have to worry quite as much. However, it never hurts to play it safe. Mistakes happen and anyone can get sued.

Disclaimer: also Hobby person but did some more reading on that topic in the past. . Think about what those things are then decide:

The tos are your conditions: I as provider of this service will reserve the right to x. When a user does y I will do z. It's cover your ass for businesses.

A privacy policy on the other hand might be required by law as soon as you process user data in any way. This is something that I would look into your jurisdiction and their requirements. I'd guess Germany is more on the formal side on things (clichés and everything)

In short: you don't need a tos but most likely want one. You don't want a privacy policy but most likely need one. :)

Code is not a human/lawyer readable policy, so if you access any sort of user data (and being a Discord bot that people interact with, you do), you'll likely need one. At least for Discord's legal purposes when you register the bot, I would assume.

Play Store also requires one even if it's open-source. They just blanket require one even if it literally says "this app is a wallpaper and it doesn't even have internet access nor collect any data".

Big companies just can't understand or picture that some apps are well behaved and don't scrape every bit of data they can get their hands on.

IANAL, and a bit unsure about the following information, but I think you do need a privacy policy if you process someones elses data(like for example their login data, private messages, etc) You may also need an Impressum when hosting the official website for the bot(germany specific, maybe look it up if you actually need to do this)

I dont think you need a TOS.

IANAL either but do have a ToS. Like slapping, say, a GPLv3 on your code, a ToS defines what users are allowed to do with your service. Imagine if someone found a way to use your bot to steal users’ data, or harass people online, etc. - you’d be angry because they are not supposed to use your bot for that.

My experience is Australian, but given we have weaker laws than you, its probably the baseline experience.

If your bot is a very small bot, for personal use, no. But once you go over 75 servers, discord will require you to submit both a privacy policy and a terms of service.

They dont seem to care about the content of the docs, they just have to exist. There are tools to generate both docs. They serve a very different purpose to a licence, so that is not sufficient.

need

What do you mean by this?