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Your App’s Terms and Conditions: Payment Terms and User Warranties

Your app’s terms and conditions should lay out important rights, obligations, and guidelines for users who interact with and use your app, including app developers. One of the most crucial aspects outlined in these conditions is your payment terms. These terms specify how and when users will pay for their app usage. It’s important to ensure that your payment terms are clear and transparent. They should address key questions such as, “Is there a free version or trial of this app?” and “Are in-app purchases necessary to maximise my experience?”

In addition to payment terms, your terms and conditions may also include user warranties or app warranties. These details outline the expectations you have for users when they use your app. This article aims to help you understand your app’s terms and conditions, with a focus on payment terms and user warranties.

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Payment Terms

Payment Terms outline how and when you will receive payment for your app. These terms cover important details such as your:

For instance, you might provide a 1-month free trial of your app, followed by automatic enrollment in a monthly subscription once the trial ends. You may offer various subscription options, such as monthly or annual plans. Additionally, your app may offer enhanced features through in-app purchases, like buying extra lives or tools to progress in a mobile game.

Regardless of the specifics, it is essential to communicate your payment terms at the time of purchase clearly. According to the Australian Consumer Law, you are prohibited from deceiving your users, and you must accurately represent your app. This obligation extends to your payment terms.

Enforcing Debts

You need to clearly state your rights regarding what can occur if users: 

  • fail to pay their subscription;
  • credit card details are declined; or 
  • cannot continue paying for the service. 

Your terms and conditions must specify that you have the right to take debt action for non-payment. Users must also agree to cover debt collection and any associated legal fees, and they may be reported to credit reporting agencies. You should also clarify that you have the discretion to modify pricing structures and payment methods.

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App Warranties

Apart from your payment terms, you might include a warranties section that outlines what you expect from users on your app and what they can expect from it. For instance, if a user needs to create an account to access the app, they should ensure that the information provided is accurate and up to date and that they have read, understood, and agreed to the terms and conditions. They should also confirm that they are not violating any laws by using the app. You can also specify how you expect users to utilise your app. It is important to state that you reserve the right to terminate or restrict access to the app for any users who misuse it at your sole discretion.

You may explain to the user how your app will function based on their actions, specify that the app is only compatible with certain devices, operating systems or configurations, assure that you will implement adequate data and security protections, and inform that any offensive or illegal user-generated content may result in deletion from the app. Your app’s warranties must fully detail how users can use your app, and like your payment terms, should be straightforward and accurately represent your app. It would be best if you were honest with your users regarding these app warranties.

Remember also to include information about intellectual property and your privacy policy within your app’s terms and conditions.

Key Takeaways

Your app’s terms and conditions should include important terms like payment terms and app warranties. Regardless of the details within these terms, it would be best if you made sure they do not mislead users when they use your app. This means your payment terms and app warranties should clearly show how users use or pay for your app.

If you have any questions about your app terms and conditions, our experienced business lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

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Sharon Chen

Sharon Chen

Lawyer | View profile

Sharon is a Lawyer with LegalVision’s Corporate and Commercial team. She graduated from the University of New South Wales, where she studied Psychology and Law.

Qualifications:  Bachelor of Laws, Graduate Diploma of Legal Practice, Bachelor of Psychological Science, University of New South Wales.

Read all articles by Sharon

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