With the introduction of new and increasingly powerful handheld devices, more games, products, and services are being developed for mobile Apps. Naturally, there are numerous legal considerations that mobile apps developers need to be aware of. Mobile app developers need to consider who or what entity will hold the rights and assets related to the App, and how revenues, if any, from App sales will be apportioned. Businesses also need to obtain all appropriate clearances and licenses, and should take appropriate steps to ensure that the proposed App’s name and other branding features will not conflict with the trademark or other proprietary rights of any other person or entity. Additionally, after a mobile App has been made available for distribution, provincial and federal laws and regulations, industry best practices, and the platform provider’s contractual requirements must continuously be adhered to. Our team of lawyers has the experience working with businesses to anticipate problems that may arise during development and craft the necessary agreements to protect long-term interests.
Mobile App producers should also have an appropriately tailored End User License Agreement (EULA) for the App. EULAs will address issues like the Producer’s support and warranty obligations, if any, and the basic license terms permitting use of the App. Privacy policies are also essential to govern how user information is maintained or used. We work with our clients to understand their business. This helps us craft EULAs that address the both business needs while meeting applicable regulatory requirements.
Many Mobile App producers decide to engage experienced software development professionals to design and develop their App. For these producers, it is critical to enter into an App Development Agreement that specifies, among other things, ownership rights, acceptance procedures that allow the Producer to reject an App that fails to meet agreed upon specifications, and provisions addressing issues related to third party materials that may be included in the App (e.g., open source software or other licensed content). Our lawyers have experience working with mobile app producers and developers to review, draft, and negotiate these development agreements.