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Terms of Use

Need Terms of Use for your Mobile App or SaaS solution?

Terms of Use are vital to the operation of your Software as a Service (SaaS) solution, Mobile application or other consumer software. They set out the obligations on your users, grant you rights, protect your intellectual property, limit your liability should something go wrong and importantly define how much, how often and when you will get paid. Don’t go live without Terms of Use professionally drafted by a lawyer who knows business, IT and law.

What is included in Terms of Use?

Whether the Terms of Use are for a mobile app, a SaaS solution, PaaS or other tech oriented solution there are some commonalities.

However, each set of terms usually have their own bespoke requirements. That’s why you need a lawyer with software engineering and deep commercial experience, who can speak your language, understand the infrastructure and develop the right Terms of Use for your business.

Terms of Use usually include some combination of:

  • Intellectual Property protection and licensing of rights, for both the business and the users.
  • Transition in and transition out provisions.
  • Terms relating to payment.
  • Termination and automatic renewal provisions.
  • Limits on liability and indemnities.
  • Warranties and SLA’s.
  • Privacy provisions and references to Privacy Policies.
  • Obligations of each party to ensure each receive what is promised.

Common mistakes include failing to consider the Australian Consumer Law. This happens when people try and cut corners by obtaining cheap templates or copying those terms used by an offshore competitor.

Even professionally drafted Terms of Use often fail to hit the mark because they are drafted by people who do not really understand the system architecture or commercial practicalities. This may result in obligations which are impracticable or cannot be fulfilled.

Furthermore, if you can't read and understand the Terms of Use, then you can bet your clients can't either. Clear and understandable Terms of Use save you time and money and provide a better customer experience.

Why should you contact us to draft your Terms of Use?

That’s easy, we speak your language and we probably speak your developer’s language too.

It is all in our name. We are IT Lawyers! Not lawyers who thought, wow, we can make some money out of the growth in technology. We are lawyers who have built software, run an IT consulting firm. We have worked as programmers, business analysts and project managers. That is, we have real IT, real business and real legal experience.

Furthermore, we have a real interest in tech businesses, and we want to work with you.

When should you contact IT Lawyers Brisbane?

Straight away. That doesn’t mean we are going to start drafting your Terms of Use now.

In fact, if you are still early in development then we should hold out until closer to go live. Experience shows the scope will change and consequently so will the requirements for your Terms of Use. Call us now and we will help you flesh out the ‘Legals’ line on your project plan.

Other reasons you should contact us at the beginning of your project are:

  • We can help you design a business structure which protects your IP.
  • We can provide Confidentiality Agreements which protect your idea.
  • We can ensure you own the copyright in the code. Just paying for it is not enough, it must be assigned properly.
  • We can assist you with the Service and Software Development Agreements.
  • We can help you understand the likely costs of going live, at least from the legal perspective.
  • Because we want to hear about your project and be part of the journey with you. Drafting documents is the boring bit, living vicariously through our clients is the fun part of our work.

We know tech.

Are you looking for an IT Lawyer that knows tech? Today almost every business is a technology business. Even if you are not on the cutting edge of innovation you are probably entering into business relationships with people who are. If you are not you should be. Helping businesses thrive and reducing transaction costs is at the very heart of any real IT Lawyer.

We know business.

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.

Wherever you are in your venture, contact our IT Lawyers about your Terms of Use.

If you need Terms of Use for your software and you have not spoken to a lawyer yet you may be missing part of the picture.

Contact a lawyer with over a decade of IT experience to discuss your requirements.

Do you need a lawyer with real business and IT experience to draft a set of terms for your new Mobile App, SaaS or other tech-oriented solution?

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