Should I publish my app under my own name?
Absolutely not! Read to find out why.
Hey founders et al. In today’s edition, we explore why you might want to form a legal entity to avoid publishing your application in an app store under your name. We also highlight great resources that might help you before, during and after app development!
Should I publish my app under my own name?
If you’re looking to monetize your app, then the answer is almost always no. Even if you aren’t planning to monetize, if you’re collecting any sort of personal data, you should still form a company and register your app under that name instead.
One main reason is legal exposure. If you register your app as an individual without establishing an entity and transferring the app under that entity, you may be personally liable for any harm that comes as a result of your app. Everything from data breaches to customer complaints… the road leads back to you.
However, there are many other important reasons to form an entity for your app. Without an entity (preferably a Del C Corp if you plan to raise money), you won’t be able to attract investment, maintain your privacy, hire others to help you build, or sell your application cleanly. To avoid any hiccups later, it makes sense to do the following early on: (1) form a Del C Corp, (2) transfer the IP, and (3) register the app under the entity name. You will thank yourself later.
Tools and Resources
Here are some new resources that people may not know about. We are always adding to this list. See the full list of resources here.
Ever wonder how much it costs to get a lawyer to draft some basic terms for your app? Contracts Counsel has a cool new tool that shows you just how much attorneys bid for contract work. It’s a big win for pricing transparency in the legal industry!
Built an app and now want to sell it? Check out MicroAcquire. They make it easy to sell your company. MicroAcquire helps startups find buyers via their marketplace. They have a cool Letter of Intent builder too.
Are you promoting your app with influencers? Take a look at this Contract Teardown episode breaking down ambassador agreements with creators.
Have any resources you'd recommend to other founders? Please fill out this form.
Rufferral Program
If you share this newsletter with 10 founders or lawyers, I will send you a 1 of 1 autographed picture of my dog, Dylan. Signed by her, with video proof. And I’ll take your word for it, just email me at heycounsel@substack.com.
Thanks for reading. Stay lawyerly,
Brian