White Label App Agreement Solicitors
A white label app agreement is a contract under which a developer licenses an existing mobile application or platform to a business that rebrands it and offers it to its own customers as if it were its own product, setting out the licence, branding, customisation, support, fees, data responsibilities and exit.
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Adam Bernard Solicitors drafts white label app agreements for app developers, platform owners and businesses launching rebranded apps.
White labelling lets a business launch an app quickly without building it from scratch, and lets developers scale by licensing one product to many clients. The agreement must protect both sides.
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How White Label App Arrangements Work
In a white label arrangement, the developer keeps ownership of the underlying software, while the client receives a licence to use, brand and distribute it. Typical models include:
Single-tenant white label – a separate instance for each client.
Multi-tenant white label – one platform serving multiple brands.
Reseller arrangements – the client sells the branded app to its own customers.
Key Clauses in a White Label App Agreement
The essential terms are the licence grant, customisation, branding, app store publication, hosting, support, data, intellectual property, fees, exclusivity, liability and exit.
Licence grant – scope, territory, exclusivity and permitted users.
Customisation – what branding and features can be changed, and who pays.
Branding and trade marks – the client’s licence to the developer to use its brand in the app.
App store publication – whose developer account is used and who complies with app store rules.
Hosting and service levels – see our service level agreement page.
Updates and support – maintenance, bug fixes and new features.
Fees – set-up fees, licence fees, revenue share or per-user pricing.
Customer relationship – who contracts with end users and provides support.
Exclusivity and non-compete – whether the developer can license to the client’s competitors.
Exit – what happens to the app, users and data if the agreement ends.
Intellectual Property: Who Owns What?
The developer normally owns the core software and any improvements, while the client owns its brand and any content it supplies; custom features need specific ownership terms. Software is protected by copyright under the Copyright, Designs and Patents Act 1988.
Clients should ensure they have the right to continue using the brand assets and any client-funded customisations. Registering your brand as a trade mark helps protect the app’s identity; GOV.UK explains how to register a trade mark.
Data Protection: Controller and Processor Roles
In most white label apps, the client is the controller of end users’ personal data and the developer is a processor, which means a data processing agreement is required. Roles must be analysed carefully, particularly in multi-tenant platforms where the developer may use aggregated data. See our data processing agreement page and the UK GDPR. The app will also need a privacy policy in the client’s name and, where it uses device storage or tracking, compliance with the Privacy and Electronic Communications Regulations 2003.
Consumer and Platform Compliance
If the app is offered to consumers, the client must comply with consumer protection law for digital content and services. The Consumer Rights Act 2015 applies to digital content supplied to consumers. Apps that let users interact or share content may also fall within the Online Safety Act 2023; see our acceptable use policy page.
Liability and Risk Allocation
The agreement should allocate liability for app downtime, security incidents, third-party claims and app store removals. Limitations must be reasonable under the Unfair Contract Terms Act 1977.
White Label vs SaaS vs Franchise
A white label app agreement combines elements of a SaaS agreement and a brand licence. Where the client also adopts your business system, a franchise agreement may be more appropriate.
White Label App Agreement Checklist
Before launching a white label app, clients should confirm these points.
The licence covers all intended markets, platforms and user numbers.
Branding, customisation and update responsibilities are clear.
Service levels and support meet end users’ expectations.
Controller and processor roles are agreed, with a DPA in place.
App store responsibilities are allocated.
There is a clear exit plan for users and data.
How Adam Bernard Solicitors Can Help
We draft white label app agreements for developers and clients, review agreements through our contract review service, and prepare end-user terms and privacy documents. See all our commercial contract services.
Call 0207 100 2525 (24/7) or book a free consultation to discuss your contract.
This page is for information only and does not constitute legal advice.
Frequently Asked Questions
What is a white label app agreement?
Who owns a white label app?
Is the developer a data processor in a white label app?
Whose app store account should a white label app be published under?
What happens to the app if the white label agreement ends?
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