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NDA for Apps

During the software / App development phase, ensure that each person involved in developing your software signs a NDA. This will prevent them from: (i) disclosing your ideas to others; and (ii) "stealing" your software / App idea.

However, NDAs only protect information that is "secret". Accordingly, as soon as you launch your software / App publicly, your NDAs will likely become unenforceable.

So, NDAs are nice, but not that useful in the long run. What more would you expect? They're free!

We suggest that you use the Free Non-Disclosure Agreement available at SuperNDA.

Only patents, trademarks, designs and copyright survive public release.

Tip: Ensure that all agreements with your developers include:

  • a clause whereby the developers assign to you all intellectual property rights that they may create during such development;
  • a clause that transfers ownership in the software and source code to you; and
  • obligations to deliver the software source code to you.

If you do not specifically provide for delivery of software source code, you will be "tied" to your software developer forever, and he will be able to charge whatever he likes for further updates and bug fixes ‐ your only alternative option being to redevelop the entire software product from scratch.

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