Applications (“apps”) have become very popular in the last ten years, especially on mobile phones. It is a booming industry where Developers create apps to help our smart phones do more. As an App Developer, it is important to have the right legal agreements discussed below in place before you go live with your app. These legal agreements protect you and your app in various ways as will be discussed.
Non-disclosure Confidentiality Agreement
Many app Developers need funding for them to bring their app idea to life. To this end, they present their ideas to potential investors. It is important to have a properly drafted Confidentiality and Non-Disclosure Agreement (“NDA”) which will protect any confidential information exchanged during the engagement. An NDA will usually include the following a description of the app idea you would like to protect; the purpose for which the disclosure is made; and what occurs in the event of breach of the Agreement.
It is important to have a already-signed NDA in place when pitching an idea. It is also important to enter into one with Employees or Independent Contractor you may work with while developing the app. These are people who will have access to sensitive information about what makes your app unique.
Terms and Conditions
Terms and Conditions are set rules and guidelines that determine how Customers or Clients engage with your products and services. They set out the rights and responsibilities of your Customers and your business when engaging with the app. They create a legal agreement between you and the End User. Terms and conditions can also protect your intellectual property and can dictate what can and cannot be done with your intellectual property. Furthermore, Terms and Conditions limit your liability and list instances where you cannot be held liable.
It is strongly recommended that you have Terms and Conditions by the time the app goes live. They must be provided prior to log in or registration. This will help you avoid unnecessary misunderstandings and importantly protect your business from certain liability.
End User Licence Agreement (“EULA”)
The EULA is an important legal agreement that you must have when you are ready to distribute your software app. It is an Agreement between the Software Developer or Publisher (person or company creating the app) and the End User (the user making use of the app). It grants a User a license to use the app and presents important terms relating to restrictions on use, limits in liability and other clauses. The End User must agree before installing or accessing the software.
As an App Developer or Publisher, it is important that you protect yourself every step of the way. You must also ensure compliance with local or international laws that may be applicable. This means having all the right agreements in place before launching your app.
Should you require assistance with drafting any of these agreements or require advice, please contact SchoemanLaw Inc.