Reading time: 3 minutes

App Terms and Conditions set out how your users can use your App as well as their obligations and rights. The document also asserts your rights as the owner of the App and protects your intellectual property. It is becoming increasingly common for users to accept the App Terms and Conditions by accessing or downloading the App, rather than ticking a box to indicate their acceptance.

Your App Terms and Conditions should set how who is eligible to use the App, whether you have an age limit or any other requirements. Typically, you will also set out whether or not you can use the App in other countries. If your App is internationally available, it is important to make this clear, as the jurisdiction in which users access the App will make a difference as to the laws that will apply. You may also have particular restrictions as to how the App can be used in Australia and, therefore, you should make it clear whether users can only access the App within Australia.

Usually, your App will not be stand alone and will be available on associated platforms such as a website. Your Terms and Conditions should make it clear that your associated terms such as your Website Terms of Use and Privacy Policy also apply to your App users. The Office of the Australian Information Commissioner requires smartphone app developers to embed privacy policies. Application developers must comply with Australian Privacy Law and the Australian Privacy Principles (APPs) guidelines. Depending on what platform your App is available, the platform’s End User Licence may apply to your users. These should be set out in your Terms and Conditions as well.

Your Terms and Conditions should also set out how your users can register on your App and their obligations to provide correct information. You should provide yourself with the option to terminate accounts if users do not provide accurate information, for example, if they provide a fake email address or age details. You should also set out your user’s obligations in relation to their passwords, for example, to keep these details confidential. You do not want to be responsible for customers who provide their account details to someone else, and they misuse the App or purchase unwanted items. The App users should also be obliged to notify you if something like this happens, or if somebody hacks their account.

The excitement of developing and launching your App can easily overshadow the importance of a clearly drafted Terms and Conditions. Critically, this document will outline the expectations and obligations for your App users.

Conclusion

If you don’t know how to go about drafting your App Terms and Conditions, you should speak with a qualified IT lawyer, preferably one with experience drafting App Terms and Conditions. At LegalVision, we work with App owners and start-ups on a regular basis and can assist with you legal issues related to your App. So if you’re in need of legal advice, contact us on 1300 544 755. One of our experienced IT lawyers would be delighted to step you through this process and answer any of your questions! In the meantime, continue reading about another important clause your App should contain: Copyright and Intellectual Property.

You may also find the following articles on App Terms and Conditions relevant:

Webinars

Legal 101 for SaaS Companies

Thursday 22 July | 11:00 - 11:45am

Online
Understand the contracts you need for your SaaS business with our free SaaS legal essentials webinar.
Register Now

Construction Contract Essentials

Thursday 12 August | 11:00 - 11:45am

Online
Understand how construction contracts are drafted and how to protect your construction business.
Register Now

Startup 101: Understanding Cap Tables and ESOPs

Thursday 19 August | 11:00 - 11:45am

Online
Cap tables and employee share option plans are essential for fast-growing startups. Learn more with this free webinar.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2021 Fastest Growing Law Firm - Financial Times APAC 500 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year - Australasian Law Awards 2021 Law Firm of the Year - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer