Know About The Need of An NDA For Mobile App Development
When we talk about mobile app development, the soul of the whole process is the idea. The idea of the mobile app is of utmost importance because that is what makes it unique. It is because of the unique concept of the app that it is going to sell or stand out in the markets. Making a popular app is all about having a creative idea transformed into a working Mobile Application. Therefore, it is very important to protect your idea. And to protect the intellectual property of the mobile app, we have a Non-Disclosure Agreement (NDA).
Non-Disclosure Agreement: What Is It?
Non-Disclosure Agreement or NDA is a contractual agreement. It states that both the parties will maintain the confidentiality of the information under all circumstances. And under no situation, the data will be disclosed to any other person or party. Some Mobile App Development Companies consider the NDA of no importance in some situations. This is because the idea has not yet developed into something concrete and is just an imagination.
Nevertheless, it plays a significant role in keeping the idea or the concept confidential. Especially if you are coming up with a unique idea, you would always want to make sure that it doesn’t get leaked.
NDA is Not Foolproof
The idea behind signing an NDA is to protect the parties from sharing it with any other party. This is not a protection from stealing of the idea. This means that if the person hires the Mobile App Developers to design an app around the same idea, the professionals can design the app. But they cannot use any confidential information from the NDA.
Situations When Signing NDA Isn’t Suggested
Here are two situations in which you must avoid signing an NDA:
- Do not sign NDA without any term limit. This is so because the mobile industry is very dynamic and you cannot anticipate the changes. The ideal term limit for NDA should at max be two years. If it is beyond that, do not sign it.
- Do not sign a one-sided NDA. Always choose to go with mutual NDA wherein both the parties share the responsibility of maintaining the confidentiality of the information.
Situations When Signing NDA is Suggested
We have come up with a situation in which signing Non-Disclosure Agreement is the right thing to do.
Signing an NDA with reputed companies is always recommended. This is because an established company will have more to protect in comparison to companies with ideas. But this should again be a mutual agreement with a limited term. Make sure that no unfair provisions are included in it.
Be cautious while signing an NDA when,
- The client is being unreasonable pushy about it
- If it doesn’t fit both the parties
- It’s the best fit conditions for the NDA have not been decided
Situations When NDA Can Hamper Mobile App Development
Sometimes in order to maintain the confidentiality of the information leads to complications in the mobile app development process. The compete focus of the Mobile App Development Company is on maintaining the secrecy of the concept. And while doing so, developers have to deal with lots of difficulties in developing the app for the client.
Advantages of NDA
Protection of Rights
This is the most important benefit of Non-Disclosure Agreement. It guarantees shelter of the rights of the product which is under development. This also includes protection of IP associated with the product and the process to develop it. Because it is a legal document, any leakage of information is a criminal offense.
Maintaining Complete Secrecy of Idea
Without NDA, it is not at all possible to keep your concept as a secret. It is because of NDA that mobile app developers keep the idea confidential during the process of development and also after it.
Retention of Right
If you have signed an NDA then various kinds of rights are retained in the process.
In case, there has been some like of leakage of the concept of the app, then the rights to the project along with the idea of the application is retained.
With the engagement of third party once the app has been released, the rights are again retained to the application under development.
If the contract with third party developer gets terminated, then in that scenario, rights to the product are retained.
These are some of the advantages because of which parties are compelled to sign a Non-Disclosure Agreement as their ideas are protected to a great extent. So now you have a complete understanding of what an NDA is, how useful it is in case of Mobile App Development, in which scenario it is recommended etc. So if you are in the process of making a popular app, make sure that you have signed NDA with your service provider.
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