Documents for the mobile application

Elena Mashina

The mobile application is created and exists for users. At the same time, both the company and from the point of view of the law have a need to regulate these relations. This can be relations in the field of payment for services, in the use of intellectual property, in the field of personal data. All this is fixed in documents, starting with a general user agreement and ending with offers for specific services. You can read about how to compose these documents in our article.

Contents:

User Agreement (Offer to User) or End User License (EULA) for Mobile Application

There are two document options for the mobile application: Terms of Use/Terms and Conditions and End User License Agreement.

Purpose of the End User License and User Agreement

The title of the last document defines its main purpose: licenses are made to grant exclusive rights to the results of intellectual activity. The copyright holder allows the user to use specific objects and determines the scope, methods and goals. When a person installs a mobile app, you pass it some elements of the mobile app that are protected by intellectual right. Therefore, you must settle the licensing relationship.

User agreement is a document that includes a large number of questions. In it, you regulate all aspects that arise when using the application. You prescribe the rights and obligations of the parties, the rules for using the services, the procedure for payment, the guarantees that the parties give each other, the procedure for changing the document. The procedure for resolving disputes that may arise with the user can also be spelled out here. Since the User Agreement includes a wide range of issues, it may also include license terms. Most applications use this model.

When it is necessary to conclude a License with an end user of a mobile application

App Store and Google Play provide a user license, which is applied by default if the application developer has not prescribed its own terms. In Google Play, the license is dedicated to only one item, which enshrines a non-exclusive, indefinite license that is valid around the world. Terms and conditions from the App Store are more detailed. If the terms and conditions from the App Store and Google Play do not suit you, you must provide for a clause on the procedure for granting exclusive rights in your documents.

User Agreement for SaaS Applications

SaaS applications are organized according to a subscription model, and their name reflects the essence: Software as a Service. The user does not buy the software immediately, it is not stored on his disk, but he has access to it. The User Agreement is sometimes referred to as the Terms of Service, because in the case of SaaS, you provide the service, and not the exclusive rights themselves, it is better to provide for the User Agreement. Therefore, for SaaS applications, an End User License is generally not required.

Mobile Application Cookie Privacy and Processing Policy

Any mobile application cannot exist without this Privacy Policy and Cookie Policy. When using a mobile application, the company collects personal data of users. When registering or if the company uses the user's location. They are subject to protection, and the law imposes special requirements for their processing and storage. That is why the application needs to have Policies. Cookies also belong to personal data and are stored on the user's device. To find out exactly what is required for their content, read our review article "Privacy and Cookie Policy."

Consent to mobile application documents

The user must agree with all the listed documents. His consent must be:

Voluntary;
Active, that is, he himself must, for example, tick the "tick" next to the consent condition;
Informed, the company must assume that the user has read the terms of the documents and expressed consent. Therefore, it is better to tick the box after the text of the document or after a link to it.

Thus, before launching a mobile application, when the purpose of the mobile application is already known, it is necessary to write the main documents into the work algorithm. These documents should reflect the real processes of the mobile application. For example, a user agreement may have a technical part, where the rights and obligations of the parties are spelled out, and a legal part, which will be drawn up taking into account the requirements of the law. Without a privacy policy, you can be held liable. Therefore, a mobile application cannot work without internal documents. If you have any questions or need help with drafting documents for your mobile application, please contact A4 Law Firm lawyers.