What is this mobile app development agreement template?
A mobile app development agreement is an agreement between a developer and a customer in relation to the design and development of a mobile app for that customer. It describes the way in which the mobile app must be built, when it will be developed and any ancillary services that will be provided to the customer in relation to the mobile app (such as the supplier hosting the mobile app).
Why document the development of a mobile app?
Know exactly what you are purchasing: For customers purchasing a mobile app, it is essential to clearly set out exactly what is expected in relation to that mobile app. This can be achieved by incorporating a specification into a mobile app development agreement that both parties have agreed the mobile app should be built in accordance with. This can also include key dates and milestones in relation to the mobile app development services, so that business-critical dates for parts of the mobile app being built are not missed.
Risk of unexpected restrictions: A mobile app development agreement will include the rights for the customer to use the app, to avoid potential restrictions on the customer’s use of the mobile app (especially if that mobile app is business critical!). Not being able to access or use a customer-facing mobile app could have a hugely negative impact on a business and its reputation.
Document agreed development methodologies: The mobile application development agreement can include “ways of working”, which are methods and procedures that the parties agree at the outset will apply to the development process. The ways of working will apply to the development of the mobile app and the parties working relationship. There are two main methodologies in the app/software development industry, and you can choose which one is most suitable for your project:
- Agile - Agile is an adaptable approach, allowing for evolving requirements, frequent feedback, and continuous improvement throughout the project. It is probably the most common methodology for app development and is generally seen as a more flexible and fluid mechanism for development that allows for changes in the app and process used over time. With this methodology, customers can be more involved in the development process; or
- Waterfall - Waterfall is well-suited for projects with stable requirements, a clear scope, and a sequential approach. It is generally a more rigid mechanism, with key details being decided prior to the development process starting/continuing so that development is structured from the very outset.
Ensure compatibility with app stores: Clauses can be included that require the supplier to provide ongoing support in relation to the app store, given they have expertise in that area. That includes ensuring the app is compatible with the relevant app store, assisting with gaining approval for the mobile app from the platform provider and also assisting with problems encountered by app store users with the mobile app. These provisions enable customers to utilise the developer’s expertise and ensure a smooth process to getting the mobile app live for users.
What information does a mobile app development agreement include?
Key provisions: This mobile app development agreement template contains key provisions in relation to:
- the scope of the mobile app development services to be provided, including the option for an agile or waterfall methodology to be adopted in relation to the mobile app development;
- acceptance process - so there is a clear process for agreeing whether or not the mobile app is ready to go live in the app store;
- app store services - to give the customer ongoing assistance with the app in the app store and queries from app users;
- optional warranty - if you are the customer, a warranty can be included to ensure that the mobile app continues to comply with the agreed specification after it is built;
- intellectual property right protections - to ensure that the customer’s ability to use the mobile app on an ongoing basis is unrestricted;
- the charging structure and payment terms - flexibility is offered here, to allow for fixed one-off fees or ongoing payment structures;
- caps on liability - to limit the supplier’s potential financial exposure in the event of a claim under the mobile app development agreement; and
- clear termination rights - so both parties know exactly when the agreement can come to an end.
You can also include ongoing services: The mobile app development agreement template also contains optional clauses to cover the provision of ongoing hosting, support and maintenance services in relation to the mobile app, by the developer to the customer, if required. These services may include:
- Hosting services e.g. hosting the mobile app via the supplier's servers;
- Support services e.g. responding to app users’ queries and issues when using the mobile app; or
- Maintenance services e.g. ongoing planned maintenance of the mobile app and repairs when unexpected issues arise.
This mobile app development agreement template assumes that the parties are contracting B2B, that they are incorporated in the UK, and that English law applies.
Fully customised to meet your requirements
Tailored to protect your interests: This mobile app development agreement template contains alternate clauses depending on whether you are the app developer / supplier of the services or the customer purchasing the mobile app, so that your interests are fully protected.
What are the differences: For example, the provisions relating to achieving key dates (as well as the indemnities included in the mobile app development agreement) are automatically drafted depending on which party to the mobile app development agreement you are, so they are drafting in your favour and with your interests in mind.
So easy to use: With Docue, you can create a top-quality mobile app development agreement in minutes. The service includes model clauses designed by tech lawyers to help you draft the contract yourself and tailor it to your specific needs and requirements.
Full contracting process: Signatures can be collected electronically, and all contracts you make are saved in your company's own contract account in Docue’s secure storage vault. This means all your contracting needs are taken care of in one place.
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