Legal Liability Issues of Mobile Application Relationships in Europe: Liability of mobile application distributors towards developers and end-users with regards to developers stance as consumers

Abstract

Mobile application relationships consists of three contracts, namely the distribution agreement, the terms of service agreement and the EULA. With regards to end-users and developers, distributors enjoy a rather dominant position in the mentioned relationships. On this wise, distributors make use of disclaimer, indemnification and limitation of liability clauses in order to deny all accountability, including from damages resulting from their faults.European consumer acquis, however, do not allow such unfair exemption clauses to be applied in relation to consumers. On this wise, this paper asses to what extend the said protection of European consumer acquis is applicable to mobile application contracts.