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An unexpected ‘Appy’ consequence of the pandemic was the exponential surge in App downloads and usage. Figures for the growth increase range from 177% increase in App usage across some industries, with hospitality and grocery Apps, unsurprisingly seeing a dramatic increase in usage. There was also a boom in fitness apps as alternative ways to stay fit were sought. The NHS Couch to 5K app is reported to have had over 5 million downloads.
Increase in App usage
With the upsurge in Apps predicted to continue post-pandemic, the role of Apps in your business should not be overlooked.
Whilst some Apps simply rely on their App store provider’s terms and conditions; a business should consider whether bespoke terms would be more appropriate for their App, particularly when implementing a subscription fee model. Properly drafted App terms are important not only in managing business risk and liability but in protecting the intellectual property rights within the App.
The type of App terms required will depend on the content and functionality of the App. However, terms and conditions should generally include the conditions upon which a user can download and use the App, create an account and subscribe to services, functionality or order goods.
App terms and conditions for business
App terms are also a useful way to protect the App content from other businesses copying it or using it for unauthorised purposes and managing liability in relation to content displayed by the App.
They establish clear boundaries on what the user is permitted to do and are a way for businesses to implement measures to comply with data protection legislation.
If your App collects, stores or processes the personal data of users, then it must display a privacy notice. Privacy notices should clearly state how data is collected and used, what lawful basis is relied upon for the processing of the personal data, whether the data is shared with third parties and the data subject’s rights.
If the App uses cookies, then a cookies notice should be incorporated into the App.
App terms should not be copied from other Apps as they are protected by copyright, so any copying is likely to constitute copyright infringement. In addition, the terms of another App may not be appropriate or reflect what your Apps are offering.
Here to help
If you have any more questions or require assistance with your App terms, you can contact our Technology Solicitors below.