Mobile Application Development Agreement Template

1. Introduction

This Mobile Application Development Agreement (the "Agreement") is entered into as of [Date] by and between [Client Name] (the "Client") and [Developer Name] (the "Developer"). This Agreement outlines the terms and conditions under which the Developer will design, develop, and deliver a mobile application (the "App") for the Client.

2. Scope of Work

2.1 Project Description
The Developer agrees to design and develop a mobile application for the Client according to the specifications detailed in Exhibit A attached hereto. The App shall be compatible with [iOS/Android/both], and shall include the features and functionalities described in Exhibit A.

2.2 Deliverables
The Developer shall deliver the following deliverables to the Client:

• A fully functional mobile application
• Source code and related documentation
• User manual and support documentation

2.3 Timeline
The development of the App shall commence on [Start Date] and is expected to be completed by [End Date]. The Developer agrees to provide the Client with regular updates on the progress of the development.

3. Compensation

3.1 Payment Terms
The Client agrees to pay the Developer a total fee of [Amount] for the development of the App. The payment shall be made in the following installments:

• [Percentage] % upon signing this Agreement
• [Percentage] % upon completion of the design phase
• [Percentage] % upon completion of the development phase
• [Percentage] % upon delivery of the final product

3.2 Additional Costs
Any additional costs or expenses not outlined in this Agreement must be approved by the Client in writing. Such additional costs may include, but are not limited to, third-party services or licenses required for the App.

4. Intellectual Property Rights

4.1 Ownership
Upon full payment, the Client shall own all rights, title, and interest in and to the App, including all source code, designs, and documentation. The Developer shall retain no rights to the App except as expressly set forth in this Agreement.

4.2 License to Use Developer's Tools
The Developer grants the Client a non-exclusive, royalty-free license to use any tools, libraries, or other software components created by the Developer for the App.

5. Confidentiality

5.1 Confidential Information
Both parties agree to keep confidential any information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the context of disclosure.

5.2 Non-Disclosure
The parties agree not to disclose any confidential information to any third party without prior written consent from the disclosing party.

6. Warranties and Representations

6.1 Developer's Warranties
The Developer warrants that the App will be developed in a professional manner and will conform to the specifications outlined in Exhibit A. The Developer also warrants that the App will be free from defects in materials and workmanship.

6.2 Client's Warranties
The Client warrants that they have the right to use any content provided to the Developer and that such content does not infringe on any third-party rights.

7. Termination

7.1 Termination for Convenience
Either party may terminate this Agreement for any reason with [Notice Period] written notice to the other party.

7.2 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within [Cure Period] days of receiving notice of the breach.

8. Limitation of Liability

8.1 Liability Cap
The Developer's liability under this Agreement shall be limited to the total amount paid by the Client to the Developer for the development of the App.

8.2 Exclusion of Consequential Damages
Neither party shall be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with this Agreement.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.

10. Dispute Resolution

10.1 Negotiation
In the event of any dispute arising out of or in connection with this Agreement, the parties agree to first seek to resolve the dispute through informal negotiation.

10.2 Arbitration
If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

11. Miscellaneous

11.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

11.2 Amendments
Any amendments or modifications to this Agreement must be made in writing and signed by both parties.

11.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.4 Assignment
Neither party may assign this Agreement without the prior written consent of the other party, except that the Developer may assign this Agreement to a successor in interest in connection with a merger or acquisition.

12. Notices

Any notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses specified below.

Client: [Client Name]
Address: [Client Address]
Email: [Client Email]

Developer: [Developer Name]
Address: [Developer Address]
Email: [Developer Email]

IN WITNESS WHEREOF, the parties have executed this Mobile Application Development Agreement as of the date first written above.

[Client Name]
By: ___________________________
Name: [Client Representative]
Title: [Client Representative Title]

[Developer Name]
By: ___________________________
Name: [Developer Representative]
Title: [Developer Representative Title]