Leading App Attorney Andrew S. Bosin provides legal advice to mobile app & game developers and companies seeking to have apps developed and created. Andrew maintains a nationwide mobile app development law practice based out of New Jersey located near New York City.
I speak to mobile and video game app creators and developers every week on the phone and most have their application for purchase at the Apple App Store and Google Play. Unfortunately, most of these same developers believe that they are legally protected by having an app for sale on the major platforms such as Apple and Android.
No matter where my clients apps are being offered or sold I usually recommend they have an attorney draft a separate end user licensing agreement. When I discuss this with clients they want to know why?
Here are three main ways a developer’s app goes beyond what the App Store user agreement covers:
Payments: When a consumer makes an in-game purchase physical items that users can also buy by means of the app, there are more laws with different jurisdictional statutes that will apply. Unfortunately, Apple does not cover these consumer issues within its own User Agreement, and therefore it is critical developers create their own within the app.
User Content: Although it depends on the application, end users can be required to input information or create additional new content based on how the game is played. This is not covered by the user agreement found in the online stores and thus may require additional terms and conditions for the user to agree to in order to avoid a third-party problem or issue.
Anticipated or Unknown Liabilities: Although unlikely, what if a user did something that caused your company to incur damages or a lawsuit? This would not be covered in Apple’s agreement. If a skilled mobile apps lawyer drafted a proper EULA, the user would have to indemnify and pay all damages incurred by the software app developer because of the user’s negligence.
The EULA is typically located when an app is first opened after being downloaded. This makes sure that the user sees the EULA before doing anything with the app past the initial download.
Please call Andrew for a free legal consultation at 201-446-9643
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Attorney Andrew S. Bosin is located in New Jersey just outside of New York City and has a nationwide Law Firm serving clients in New Jersey, New York, Buffalo, Queens, Manhattan, New York City, Westchester County, Islip, Oyster Bay, Rochester, Utica, New Rochelle, Tonawanda, White Plains, Binghamton, Saratoga Springs, Rockland County, Brooklyn, Long Island, Albany, Syracuse, Suffolk County, Nassau County, Bronx, Staten Island, Allentown, Scranton, Lancaster, Harrisburg, State College, College Station, Boston, Hartford, Providence, Connecticut, Atlanta, Chicago, Washington D.C., Dallas, Florida, Ohio, California, Austin, Texas, Maryland, North Carolina, Massachusetts, Colorado, Utah, Oregon, San Antonio, Austin, San Diego, Los Angeles, Silicon Valley, San Francisco, Houston, Salt Lake City, Toledo, Akron, Dayton, Provo, Portland, San Jose, Miami, Tampa, St. Petersburg, Ft. Lauderdale, West Palm Beach, Broward County, Dade County, Newark, Delaware, College Park, MD, Cook County, Phoenix, Denver, Boulder, Ft. Collins, Nashville, Memphis, Kansas City, Raleigh, Charlotte, Indianapolis, Boise, Eugene, Manchester, Burlington, Philadelphia, Pittsburgh, Pennsylvania, Vermont, Rhode Island, Boca Raton, Arlington, Virginia, Alexandria, Virginia, Reston, McLean, Cambridge, Quincy, Riverside, San Bernadino, Minneapolis, St. Louis, Cleveland, Columbus, Baltimore, Sacramento, Cincinnati, Orlando, Las Vegas, Round Rock, San Marcos, Louisville, Richmond, Tempe, Southbend, Bloomington, Knoxville, Oxford, Tuscon, Long Beach, Ames, Ft. Collins, Lawrence, Blacksburg, Charlottesville, Champaign, Oklahoma City, Birmingham, Salt Lake City, Baltimore, Mobile, Alabama, Utah, Washington, Seattle, Oregon, Portland, Eugene, Sacramento, Pittsburgh, Wake County, King County, Redmond, Kirkland, Bellevue, San Mateo County, Contra Costa County, Cupertino, Los Gatos, Sunnyvale, Mecklenburg County, Jacksonville, Gainesville, Boynton Beach, Orange County, Palo Alto, Harris County, Waco, Columbia, Missouri, Tarrant County, Bucks County, Lehigh County, Bethlehem, Pennsylvania, Burlington, Portland, Maine, Manchester, Concord, Nashua, Cambridge, London, Paris, UK, England, Dublin, Scotland, Edinborough, Amsterdam, Germany, Munich, Berlin, Madrid, EU, European Union, Spain, Austria, Vienna, Geneva.