General terms and conditions for apps

Types of apps

The first step is to assess what kind of app it is, as the term "app" is currently used in very different ways:

• It can be an app for smartphones, tablet computers or smartwatches, then generally in the Google / Android or Apple / iOS "ecosystem".

• It can be a web app, i.e. an Internet portal or online portal that can be used via the Internet browser.

• It can be standalone software that can be installed on a notebook or desktop computer.

• It can be a specific functional scope of embedded software, i.e. software (e.g. firmware) that is a component of hardware (possibly a wearable).

• It can also be a mixture of several or all of the above "apps".

Typical content

Depending on the type of "app", it is important to include different provisions in the T&Cs. In the case of smartphone apps, for example, it is important to consider the embedding in the operating system, for example with regard to the purchase via app marketplaces (e.g. Google Play Store or the Apple App Store). If used via the app, it is also important to correctly map the payment interface of the respective operating system manufacturer in the legal regulations.

If it is a smartphone app for which a SaaS contract (Software-as-a-Service) is to be concluded, it will be more important - if priorities are to be set - to draft the user agreement for the SaaS than the GTC for the smartphone app alone. In the simplest form, topics such as liability, duration, termination options, payment methods and change clauses should be considered.

Further topics to be designed

In addition to the pure general terms and conditions, it is also particularly important to ensure that the rest of the app is legally compliant. It is important, insofar as this is relevant for the respective app

• the technical design of the app in accordance with data protection law, e.g. with regard to the integration of service providers, tracking, hosting, feedback forms, newsletter sign-ups or data transfer to the USA;

• the mapping of data protection requirements in the privacy policy

• the reproduction of an imprint;

• the proper granting of consent;

• the implementation of the requirements of e-commerce law, e.g. with regard to consumer revocation and revocation instructions;

• information in the app marketplace, e.g. with regard to consumer protection standards, but also in accordance with the contractual conditions of the app marketplace, e.g. with regard to the new data protection labels required by Apple in the App Store.

Consideration of the overall system

If the app is an independent "ecosystem", e.g. consisting of an online portal with a web app and smartphone app and possibly a wearable, the overall system also needs to be designed. For example, it is necessary to regulate and define how new user contracts are to be concluded. If an app is offered free of charge in the app marketplace and a user account is then to be set up in or via the app and a user contract (e.g. as Software-as-a-Service - SaaS) is to be concluded, the specifications of the operating system manufacturer must be observed. This is because, in the event of a clumsy arrangement, significant portions of the e.g. monthly remuneration under the SaaS contract must be passed on to the operating system manufacturer as commission.