Building a Mobile App?

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Mobile App Terms and Conditions

Our principal has been heavily involved in many software projects.

We are positioned to advise on the full scope of legal considerations associated with your venture. They go beyond mere Mobile App Terms and Conditions. While the Terms of Use are an essential document, its neither the only consideration nor the first.

More than Mobile App Terms and Conditions

There are a range of considerations when embarking on the development of applications designed to work on mobile devices.

Obviously the two main platforms these days are Apple iOS and Google’s Android. Not surprisingly these two providers place different obligations on developers who wish to distribute their app through their marketplace. These different obligations need to be reflected in the Mobile App Terms and Conditions and both market places require a privacy policy.

What are the legal considerations when building a Mobile App?

Mobile App Terms and Conditions are not the only considerations.

There are more legal considerations than just the contents of your Mobile App Terms and Conditions and a Privacy Policy. The reality is these are the end game documents. You should also consider the following:

Protect your idea – Before you even speak to a software developer or potential investor you should consider a Confidentiality Agreement. While it will not protect you from purely fraudulent behaviour its certainly better to have than not. The last thing you want is your software developer to rip off your idea and beat you to market.

Getting the right business structure – The limited liability provided by the corporate structure has been one of the major economic drivers this world has ever seen. We almost universally recommend a corporate structure, which may include a Family Trust and separate IP holding and trading companies.

Protecting your Intellectual Property – If you are spending substantial amounts of money (or time) on your software development, you probably want to protect that IP. That usually involves having the correct rights to the software in the first place and then considering who is the best person to assigned it to.

Software Development – Whether you are engaging an established firm or a freelancer online you will need some form of written agreement, if for no other reason than to ensure the copyright in the code is assigned to you. That said there are many other reasons to have a Software Development Agreement, including confidentiality. Your Software Development Agreement should pick up where your Confidentiality Agreement left off.

What are the key Mobile App Terms and Conditions documents?

The two key legal documents for Mobile Apps are...

Privacy Policy – Even if you fall within the small business exception in the Privacy Act 1988 (Cth), both Google and Apple (more so Apple) require you to have a Privacy Policy. Increasingly consumers are expecting this too.

Mobile App Terms and Conditions – Finally, when you go live you will need your Mobile App Terms and Conditions (also known as Terms of Use).

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Need a software development lawyer, with IT, business and accounting qualifications? One who spent over a decade running their own management consulting firm? The sort of commercial lawyer that can translate IT to business, business to law and law back to IT? Contact us today and speak to a multi-disciplinary commercial lawyer.

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We are happy to give you cost and time estimates in relation to your legal requirements so you can add the 'legals' line to your budget and project plan.

Contact us today for an obligation free discussion about your requirements.

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