Mobile App Attorneys Provide Necessary Guidance for Your Mobile App Business
May 25, 2015
Mobile applications, or “apps,” are becoming an indispensable tool for a wide range of businesses, from brick-and-mortar entities, to strictly mobile-based operations. Apps offer a cost-effective means of delivering content, strengthening consumer loyalty and enhancing the consumer experience. Mobile apps have also become a booming industry generating an estimated $46 billion in revenue in 2016 alone.
Given the potential earnings involved in mobile app ventures, and the key role that mobile apps play in establishing and maintaining customer relationships, it is essential that businesses retain qualified, experienced mobile app attorneys to ensure that the mobile apps themselves, and associated business practices, are legally compliant and protected to the fullest extent permitted by law.
Is Retaining a Mobile App Attorney Necessary for Me?
Mobile App Attorneys Offer Crucial Guidance
Mobile apps, and their unique place in the marketplace, present several potential pitfalls and legal issues that should be of special concern to mobile app operators. For instance, certain mobile apps might require/be capable of tracking the physical location of end-users. In order to avoid regulatory inquiry, app operators should ensure that they obtain the proper end-user consent in advance of engaging in geolocation tracking.
Consent from end-users for geolocation tracking, as well as a host of other key disclosures regarding the collection, storage, use and sharing of end-user personal information, should be set forth in a comprehensive Privacy Policy associated with each mobile app. Although some mobile app operators and end-users might not appreciate the similarity, Privacy Policies for mobile apps serve many of the same functions as Privacy Policies for websites.
In addition to the Privacy Policy, each mobile app should have a detailed and thorough End-User License Agreement, or EULA, that serves as a binding contract governing the relationship between the users of the mobile app and the mobile app operator. Other than the Privacy Policy, the EULA is typically the only contract between the mobile app operator and end-users of the applicable mobile app. As such, it is crucial that the End-User License Agreement is drafted by an experienced attorney, with knowledge of how to best protect the ownership rights of the mobile app operator in and to the applicable mobile app technology and intellectual property/content, as well as how to best limit the liability of the mobile app operator, memorialize payment terms (if any) and set forth favorable terms for dispute resolution. Without such an End-User License Agreement, the mobile app operator could face significant legal liability and lack vital intellectual property protections.
Each Mobile App Presents Different Challenges
Despite several overlapping issues, specific legal issues will likely vary depending on the features and functionality of a given mobile app, the type of content/offerings featured by and through the mobile app and the commercial relationships facilitated between fellow end-users, and the applicable mobile app operator itself. Given this level of variance, unless app-related terms, conditions and policies are customized to fit the actual apps for which they are produced, those legal documents will not adequately address each app operator’s specific legal needs. Therefore, it is important that businesses retain qualified mobile app lawyers to ensure that their mobile applications and associated practices are well-protected and compliant with applicable law and regulation.
If you are interested in learning more about this topic or require legal assistance in connection with your mobile app, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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