Mobile app development contract template (US)

Mobile App Development Agreement

This Agreement is made on Effective Date between Client Name, a Client Entity Type and State, at Client Address ("Client"), and Developer Name, a Developer Entity Type and State, at Developer Address ("Developer").

1. The App

Developer will design, develop and deliver a mobile application called App Name for Platforms, such as iOS and Android (the "App"), as described in the specification attached as Exhibit A (the "Specification"). Main features: Main Features.

2. Milestones and Payment

| Milestone | Deliverable | Due Date | Payment |

| --- | --- | --- | --- |

| 1 | First Deliverable, such as Design and Prototype | First Due Date | $First Payment |

| 2 | Second Deliverable, such as Beta Build | Second Due Date | $Second Payment |

| 3 | Third Deliverable, such as Store Release | Third Due Date | $Third Payment |

Total fixed price: $Total Price. Client will pay each invoice within Payment Days days after accepting the milestone. Third-party costs, such as developer accounts, hosting, APIs and paid libraries, are paid by Who Pays Third-Party Costs.

3. Acceptance

Client will test each deliverable within Acceptance Days business days and either accept it or give a written list of failures to meet the Specification. Developer will fix them and resubmit. A deliverable is accepted if Client does not respond within that time or uses it in production.

4. Changes

Changes to the Specification must be agreed in a written change order stating any change in price and schedule. Additional work is billed at $Hourly Rate per hour.

5. Client Duties

Client will provide content, brand assets, account access and timely decisions. Delays caused by Client extend the schedule accordingly. Client is the publisher of record in the app stores and is responsible for its privacy policy and store listings, with Developer's reasonable help.

6. Ownership

On full payment, Developer assigns to Client all rights in the App's custom source code, designs and documentation created for Client. Developer keeps its pre-existing tools, libraries and know-how, and grants Client a perpetual, royalty-free license to use any of them included in the App. Open-source components remain under their own licenses, which Developer will list in Exhibit B.

7. Source Code Delivery

Developer will deliver the complete source code, build instructions and credentials to Client's repository at Repository Location at each milestone and on final payment.

8. Privacy and Security

Developer will follow secure coding practices, will not include tracking or data collection not in the Specification, and will help Client comply with privacy laws that apply to the App, including the Children's Online Privacy Protection Act if the App is directed to children under 13, and state consumer privacy laws.

9. Warranty and Support

Developer warrants that, for Warranty Days days after final acceptance, the App will perform materially as described in the Specification, and will fix reported defects at no charge. Ongoing maintenance and updates for new operating system versions are available at Maintenance Terms. EXCEPT AS STATED HERE, DEVELOPER DISCLAIMS ALL IMPLIED WARRANTIES. Developer does not guarantee app store approval but will make reasonable changes to meet store guidelines.

10. Confidentiality

Each party will keep the other's non-public information confidential and use it only for this Agreement.

11. Indemnity and Liability

Developer will defend and indemnify Client against third-party claims that the custom work it delivered infringes US intellectual property rights. EXCEPT FOR INDEMNITY AND CONFIDENTIALITY OBLIGATIONS, NEITHER PARTY IS LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, AND EACH PARTY'S TOTAL LIABILITY IS LIMITED TO THE FEES PAID OR DUE UNDER THIS AGREEMENT.

12. Termination

Client may end this Agreement on Termination Notice Days days' written notice and will pay for work performed to the end date. Either party may end it if the other materially breaches and does not cure within Cure Days days after notice. On termination, Developer will deliver all paid-for work.

Independent Contractor

Developer is an independent contractor, controls the manner and means of the work, and is responsible for its own staff, taxes, insurance and tools. Nothing here creates employment, partnership or agency.

General Terms

Governing law. This Agreement is governed by the laws of the State of Governing State, without regard to its conflict of laws rules. Any lawsuit will be brought in the state or federal courts located in Venue County and State.

Entire agreement. This Agreement is the parties' complete agreement on its subject and replaces all earlier discussions. It may be changed only in a writing signed by both parties.

Severability. If a court finds any part of this Agreement unenforceable, that part will be enforced to the extent the law allows, and the rest stays in effect.

Assignment. Neither party may assign this Agreement without the other's written consent, except to a successor to its whole business.

Notices. Notices must be in writing and sent to the addresses above by personal delivery, certified mail or a nationally recognized courier.

Counterparts and e-signatures. This Agreement may be signed in counterparts and by electronic signature, which has the same effect as an original.

| Client | Developer |

| --- | --- |

| Signature: Client Signature | Signature: Developer Signature |

| Name: Client Printed Name | Name: Developer Printed Name |

| Date: Client Signing Date | Date: Developer Signing Date |