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I'm working on industry specific software. Basic idea is that I have big fat server somewhere, some web app. and mobile clients.

Now I started to think about legal parts of this model.

Reading Google Market Agreement and see this:

3.3 You may also choose to distribute Products for free. If the Product is free, you will not be charged a Transaction Fee. You may not collect future charges from users for copies of the Products that those users were initially allowed to download for free. This is not intended to prevent distribution of free trial versions of the Product with an "upsell" option to obtain the full version of the Product: Such free trials for Products are encouraged. However, if you want to collect fees after the free trial expires, you must collect all fees for the full version of the Product through the Payment Processor on the Market. In this Agreement, "free" means there are no charges or fees of any kind for use of the Product. All fees received by Developers for Products distributed via the Market must be processed by the Market's Payment Processor

All fees received by Developers for Products distributed via the Market must be processed by the Market's Payment Processor

Nice? So, what should I do? My idea was to bill customers monthly (does Market allow that?) - plus Android is just a client to my bigger sistem. I pay for servers, I have other software running..

Is that gray area? Market for me is a convinient way to distribute app (also it won't be a problem to just host APK myself) and getting word out is not a bad thing. People finding this client, get interested (potentially)..

And than there is:

4.5 Non-Compete. You may not use the Market to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Market

Do I understand correctly that I better steer off of Market? Please don't send me to lawyer. I don't feel like getting one involved at this stage, I'm just thinking about future...

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1 Answer

up vote 1 down vote accepted

From a similar question on Google's support forum:

Our policies are intended to protect users from a situation where an app is listed for free, but then actually requires a payment inside the app in order for it to function. However, we recognize that some companies may offer an existing paid service - for example, a cable television provider - and would like to offer their subscribers access to the service from an Android application. So this is written into our policies. Please note that this is a general guideline and we can't comment on specific cases.

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Interesting. Actually, for my app I say right in description that it's subscription-only and people don't even get beyond login screen. – katit Jun 24 '11 at 4:07

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