Your App Terms and Conditions set out the terms on which App users can use your App and the terms on which you will provide access to your App. This is an important document that sets out which intellectual property you own and the way in which your App users can use both your content and user-generated content. Undoubtedly, you spent countless time, money and energy developing and designing your App. You should then be taking steps to ensure that you protect your intellectual property and that you set out your intellectual property rights from the outset when users download your app and install it. The intellectual property your App contains may be made up of both your intellectual property, licensed content and material and open source, licenced and original code.

Before drafting your App Terms and Conditions, you should also make sure that you have the correct licences and assignments in relation to the intellectual property in your App. When you are in the process of developing your App, you should confirm whether your App developer has assigned you the App’s intellectual property and that you have obtained all the appropriate licences in relation to content and code.

You should also consider applying to trademark your brand name and logo. Trade mark registration will strengthen your intellectual property rights and guard against competitors profiting from your brand name and reputation. Applying for a trade mark can be costly and an arduous process. So, it is important to submit your application early and make allowances for addressing any rejection or opposition to your trade mark.

Your intellectual property and copyright clause will explicitly set out and define the different types of intellectual property that your App will include. You should also set out that the users agree that you own this intellectual property. A comprehensively drafted clause will include the obligations imposed on your users in relation to the intellectual property and licences. They should agree that they will not breach any third party intellectual property rights when using the App.

In this section of your App Terms and Conditions, the clause will usually set out your End User Licence, which will address the licence that the user has to use the App. Typically, you will grant the user non-exclusive, non-transferable, revocable licence to use the App for their own non-commercial use. You should also make it clear that the intellectual property in the App is being licenced rather than assigned.

We cannot overstate the importance of a thorough and comprehensively drafted Application Terms and Conditions. A tightly-worded intellectual property clause can protect one your business’ most important assets.


LegalVision can assist you with a variety of other intellectual property issues such as trade mark protection and intellectual property licences. So if you’re in need of legal advice in relation to Apps or intellectual property, please get in touch on 1300 544 755. One of our experienced IT lawyers would be delighted to answer any questions and step you through protecting your App’s intellectual property.

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

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey 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. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Edith Moss
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.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at

View Privacy Policy