Terms of Service
The terms and conditions that govern our relationship and protect both of us.
Last updated: January 1, 2024
Please Read Carefully
These terms constitute a legally binding agreement between you and AppBrainer. By using our services, you agree to these terms. If you don't understand or agree with any part, please contact us before proceeding. We're happy to answer questions and clarify anything.
Key Points Summary
Acceptance of Terms
Agreement
By accessing or using our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you don't agree with any of these terms, you may not use our services. These terms constitute a legally binding agreement between you and AppBrainer.
Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting. Your continued use of services after changes constitutes acceptance of the new terms. We'll notify users of significant changes via email or website notice.
Your Account
If you create an account, you're responsible for: Maintaining account security, All activities under your account, Notifying us of unauthorized access, Keeping information accurate and current. You're liable for any damage resulting from failure to maintain security.
Service Description and Scope
Our Services
AppBrainer provides: Web and mobile application development, WordPress solutions, Workflow automation services, Data scraping and integration, Security audits and consulting, Technical consulting and support. Specific services are defined in project proposals and statements of work.
Project Proposals
Each project begins with a detailed proposal outlining: Scope of work, Deliverables and specifications, Timeline and milestones, Pricing and payment terms, Terms and conditions specific to the project. The signed proposal becomes a binding contract for that project.
Service Limitations
We strive for excellence but: Services are provided 'as is' without warranties, We don't guarantee uninterrupted or error-free operation, We're not responsible for third-party services or integrations, Timeline estimates are best efforts, not guarantees.
Payments and Billing
Fees and Payment Terms
Project fees are outlined in your proposal. Standard payment structure: 25% at project kickoff, 25% after design approval, 25% upon development completion, 25% at final launch. Payment terms vary by project and are specified in your contract.
Late Payments
Payments are due within the timeframe specified in your invoice (typically 14 days). Late payments may incur: Late fees of 1.5% per month (18% annual rate), Suspension of work until payment is received, Interest on overdue amounts. We'll attempt to contact you before taking collection action.
Refunds
Refunds are handled on a case-by-case basis. Generally: For work not yet started, you'll receive a full refund, For partially completed work, you'll be charged for completed portions at our standard rates, Deposits are non-refundable once work has begun.
Scope Changes
If you request changes beyond the agreed scope: We'll provide a quote for additional work, Timeline adjustments may be necessary, Additional costs will be documented and approved, Changes require written approval from both parties.
Client Responsibilities
Cooperation and Communication
Successful projects require collaboration. You agree to: Provide timely feedback and approvals, Respond to communications within reasonable time, Provide necessary access and resources, Be available for meetings and reviews, Make decisions promptly to avoid delays.
Content and Materials
You're responsible for: Providing all content, images, and materials, Ensuring you have rights to use provided materials, Reviewing and approving all content before publication, Obtaining necessary permissions and licenses. We're not responsible for content you provide.
Third-Party Services
You're responsible for: Obtaining and paying for third-party services (domains, hosting, APIs), Providing accounts and access when needed, Complying with third-party terms of service, We'll help set up these services but can't be liable for their operation.
Intellectual Property
Ownership of Work
Upon full payment, you own: All custom code and designs created for your project, Final deliverables as specified in your contract. We retain: Rights to use anonymized code in future projects, Rights to display work in our portfolio (with permission), Pre-existing frameworks and libraries we've developed.
Your Content
You retain ownership of: All content, data, and materials you provide, Your business information and processes, User-generated content on your platform. You grant us license to use your content solely to provide services.
Open Source and Third-Party Code
Projects may include: Open-source libraries and frameworks, Third-party APIs and services, Licensed components. These items remain subject to their original licenses. You'll receive documentation of all third-party components used.
Portfolio Usage
We may showcase your project in our portfolio unless you request otherwise. This includes: Screenshots and descriptions, Case studies (with your approval), Links to live projects. Confidential projects are excluded by default.
Warranties and Disclaimers
Our Warranties
We warrant that: Services will be performed with reasonable care and skill, Deliverables will conform to specifications, Work will be original and not infringe on intellectual property rights, We have necessary expertise to perform services. These warranties are exclusive and replace all others.
Disclaimers
Except as expressly stated: Services are provided 'as is' without warranties, We don't warrant uninterrupted or error-free operation, We're not responsible for third-party service failures, We don't guarantee specific results or outcomes, We make no warranties about security (beyond industry standards).
No Guarantees
We don't guarantee: Specific business results or ROI, Search engine rankings, Viral success or user adoption, Protection against all security threats, Compatibility with all future technologies. These depend on factors beyond our control.
Limitation of Liability
Liability Cap
Our total liability is limited to the amount you paid for the specific services giving rise to the claim. In no event will we be liable for: Indirect, incidental, or consequential damages, Lost profits or revenue, Data loss or corruption, Business interruption. This limit applies to the maximum extent permitted by law.
Exceptions
Some jurisdictions don't allow liability limitations. These limitations may not apply where prohibited. However, we strive for fair and reasonable resolutions in all situations.
Indemnification
You agree to indemnify us for: Claims arising from your content or materials, Claims arising from your use of services, Violations of these terms by you or your agents, Third-party claims related to your project. We'll notify you of such claims and cooperate in defense.
Termination and Cancellation
By You
You may terminate services by providing written notice. You'll be responsible for: Payment for work completed through termination date, Costs of work performed but not yet invoiced, Cancellation fees as specified in your contract (typically 10-20% of remaining balance).
By Us
We may terminate if: You violate these terms and don't remedy the violation, You fail to make payments, The project becomes impossible to complete due to your actions, Continuing would violate laws or regulations. We'll provide notice and opportunity to remedy when possible.
Effect of Termination
Upon termination: You'll pay for all completed work, We'll deliver completed work, Both parties are released from further obligations (except payment), Survival clauses (confidentiality, warranties) remain in effect.
Confidentiality and Data Protection
Confidential Information
Both parties agree to keep confidential: Business information and strategies, Technical information and processes, Project details and specifications, Pricing and financial information. This obligation continues after termination and doesn't apply to: Publicly known information, Independently developed information, Information required by law.
Data Protection
We handle your data in accordance with our Privacy Policy. We: Implement appropriate security measures, Don't sell or rent your personal information, Use data only for stated purposes, Comply with applicable data protection laws (GDPR, CCPA).
Your Data Responsibilities
You're responsible for: Backing up your important data, Maintaining security of your accounts, Complying with data protection laws for your users, Obtaining necessary consents. We're not liable for data loss resulting from your actions or failures.
Dispute Resolution
Good Faith Resolution
We believe in resolving disputes amicably. If issues arise: Contact us to discuss the problem, We'll work in good faith to find a solution, Most issues are resolved through direct communication. We prefer collaboration over confrontation.
Governing Law
These terms are governed by laws of: California, United States (for US clients), Your local jurisdiction for international clients (where required by law). Any disputes will be resolved in these courts, unless otherwise agreed.
Arbitration (Optional)
For certain disputes, we may agree to: Binding arbitration through a neutral service, Informal negotiation before legal action, Mediation to find mutually acceptable solutions. These alternatives can be faster and less expensive than litigation.
Governing Law and Jurisdiction
These terms are governed by the laws of the State of California, United States. For international clients, local laws may apply where required by mandatory provisions.
Any disputes arising from these terms or our services will be resolved in accordance with the Dispute Resolution section above.
Questions About These Terms?
If you have questions about these terms or need clarification, please contact us. We're happy to explain anything before you commit to working with us.
Legal Inquiries
legal@appbrainer.comSupport
support@appbrainer.comAppBrainer 123 Tech Street, Suite 100 San Francisco, CA 94102 United States