Your App Terms and Conditions set out the rights and obligations that your users have in relation to using your App. Of course, the most obligation is ensuring you are paid! Depending on the nature of your App, you may have a number of different payment options. For example, your App may require a subscription, or one-off payment to download the App.

To ensure that you are not misleading your users under Australian Consumer Law, you have obligations as to how you can portray your App. It is important to be clear as to whether it is a free App. Does your App require in-App purchases to maximise the App’s experience? For example, buying extra lives or the purchasing tools to reach new levels in a mobile game? If so, you must disclose this at the point of purchase.

App Warranties

Your warranties section will generally set out that users warrant that they have provided accurate information including their age and that they have read and understood the terms. They are also likely to warrant that they are not breaching any legislation by using the App. You can also add in warranties in relation to how you expect users to use your App. Importantly, you should set out that you have the right to terminate any users from using the App or from accessing the App at your sole discretion for misuse.

Your App Terms and Conditions should set out in full detail the nature of pricing and payment required for the App. For example, when users make an in-App purchase, it should be clear that they are being charged. Your Terms and Conditions should set out that unless somebody has fraudulently used the App, then these purchases are final and that any credit card details that they provide are also complete and accurate.

Enforcing Debts

You should also set out your rights in relation to what can happen if users do not pay their subscription or if their credit card details are rejected. Or if they are unable to continue to pay for the service. Your Terms and Conditions should set out that you can undertake debt action in relation to non-payment. The user should also be required to pay and be liable for debt collection and other legal fees and may be reported to credit reporting agencies. You should also set out that you may change pricing structures and payment methods, as you see fit.

Conclusion

Should you have any questions about your App Terms and Conditions, or require assistance with drafting them, you should speak with a qualified, experienced business lawyer. LegalVision’s lawyers have extensive drafting experience and have assisted a number of App developers with their legals. So, if you’re in need of any legal advice, please get in touch on 1300 544 755! We would be delighted to help you through these final stages as you prepare to launch your App.

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Edith Moss

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