TERMS AND CONDITIONS

Terms & Conditions | AppLaunch Pro
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Terms & Conditions

This agreement governs your use of AppLaunch Pro’s services. Please read it carefully before proceeding.

Last Updated: September 15, 2023

Welcome to AppLaunch Pro (“us”, “we”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our mobile app development and marketing services. By engaging our services, you agree to be bound by these Terms.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1. Service Agreement

1.1 Scope of Services

AppLaunch Pro provides mobile application development, marketing, and related services as described in individual service agreements or project proposals (“Statement of Work”).

1.2 Acceptance of Work

All services are subject to our acceptance of your project requirements. We reserve the right to decline any project at our sole discretion.

1.3 Modifications

Any changes to the scope of work must be agreed upon in writing and may result in adjustments to timelines and fees.

2. Client Responsibilities

As our client, you agree to:

  • Provide complete, accurate, and timely information required for project execution
  • Designate a primary contact person for project communications
  • Review deliverables promptly and provide feedback within agreed timeframes
  • Secure all necessary licenses for third-party assets incorporated in your app
  • Comply with all applicable laws and regulations

Delays caused by failure to meet these responsibilities may affect project timelines and incur additional costs.

3. Fees and Payment Terms

3.1 Payment Structure

Our services may be offered under the following pricing models:

  • Fixed Price: Agreed fee for defined scope of work
  • Time & Materials: Hourly rates for actual time spent
  • Retainer: Monthly fee for ongoing services

3.2 Payment Schedule

Unless otherwise specified:

  • 50% payment due upon project commencement
  • 30% payment due upon delivery of beta version
  • 20% payment due upon final delivery

3.3 Late Payments

Payments overdue by more than 15 days will accrue interest at 1.5% per month. We reserve the right to suspend services for accounts 30+ days overdue.

4. Intellectual Property

4.1 Client Ownership

Upon full payment, you will own the final deliverables specified in the Statement of Work, excluding pre-existing materials and proprietary tools.

4.2 Our Rights

We retain ownership of:

  • Pre-existing intellectual property used in your project
  • Development frameworks, methodologies, and tools
  • Any work product not specifically included in deliverables

4.3 License Grant

We grant you a non-exclusive, worldwide, royalty-free license to use our pre-existing IP solely in connection with the delivered application.

5. Confidentiality

Both parties agree to protect each other’s confidential information with the same degree of care used for their own similar information, but no less than reasonable care.

5.1 Confidential Information Includes:

  • Business plans, financial information, and marketing strategies
  • Technical specifications and source code
  • Customer lists and proprietary methodologies

5.2 Exclusions

Confidentiality obligations do not apply to information that is:

  • Publicly available or becomes public through no breach of this agreement
  • Independently developed without reference to confidential information
  • Disclosed with prior written consent

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that services will be performed in a professional manner consistent with industry standards.

6.2 Warranty Period

We provide a 90-day warranty period for defect correction in delivered software after final acceptance.

6.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

We do not guarantee app store acceptance, market success, or specific performance metrics for developed applications.

7. Limitation of Liability

Our total liability arising from services provided under these Terms shall not exceed the fees paid by you for the services giving rise to the liability.

7.1 Exclusion of Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

7.2 Exceptions

This limitation does not apply to liability arising from:

  • Breach of confidentiality obligations
  • Gross negligence or willful misconduct
  • Infringement of intellectual property rights

8. Termination

8.1 Termination for Cause

Either party may terminate this agreement for material breach if the breaching party fails to cure such breach within 30 days of written notice.

8.2 Termination for Convenience

You may terminate for convenience with 30 days written notice. In such cases:

  • You must pay for all services provided through termination date
  • Any non-cancelable expenses incurred on your behalf will be billed
  • We will deliver all completed work product

8.3 Effect of Termination

Upon termination, all payment obligations become immediately due and payable. Sections covering IP, Confidentiality, Warranties, and Limitation of Liability survive termination.

9. Contact Information

For questions about these Terms or to exercise your rights under this agreement, contact us:

Legal Department

For contractual matters

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Customer Support

Monday-Friday, 9AM-5PM EST

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Mailing Address: AppLaunch Pro, Attn: Legal Department, 7 Tech Street, San Francisco, CA 94105, USA

10. Governing Law and Disputes

10.1 Governing Law

These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in San Francisco, CA under the rules of the American Arbitration Association.

10.3 Class Action Waiver

Both parties waive any right to participate in class actions or class arbitrations related to these Terms.

11. Changes to Terms

We may modify these Terms at any time. The “Last Updated” date at the top indicates when revisions were made. Material changes will be communicated 30 days before taking effect.

Continued use of our services after changes constitutes acceptance of the modified Terms.

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