Terms of Service

1. Agreement to Terms

By accessing or using the services provided by AppShine ("we," "our," or "us"), including our website appshine.co and any related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and AppShine. By using our services, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Services

AppShine provides mobile and web application development services, including but not limited to:

• iOS and Android mobile application development
• Web application development
• UI/UX design services
• Consulting and technical advisory services
• Maintenance and support services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Project Agreements

Specific project terms, deliverables, timelines, and pricing will be outlined in separate project agreements, statements of work, or service contracts ("Project Agreements"). In the event of a conflict between these Terms and a Project Agreement, the Project Agreement shall prevail.

All Project Agreements must be signed by both parties before work commences. Any changes to a Project Agreement must be agreed upon in writing by both parties.

4. Payment Terms

4.1 Payment Schedule

Payment terms will be specified in each Project Agreement. Typically, payments are structured as follows:

• An initial deposit or retainer payment
• Milestone-based payments tied to project deliverables
• Final payment upon project completion and acceptance

4.2 Late Payments

If payment is not received by the due date, we reserve the right to suspend work until payment is received. Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate allowed by law.

4.3 Refunds

Refund policies will be specified in the Project Agreement. Generally, deposits and payments for completed work are non-refundable. Refunds for work not yet performed may be considered on a case-by-case basis.

5. Intellectual Property Rights

5.1 Client Ownership

Upon full payment, all custom-developed code, designs, and deliverables created specifically for your project will be owned by you, subject to the rights retained by AppShine as described below.

5.2 AppShine Retained Rights

AppShine retains the right to:

• Use general methodologies, techniques, and know-how developed during the project
• Reference the project in our portfolio and marketing materials (with your permission)
• Retain ownership of any pre-existing code, libraries, frameworks, or tools used in the project

5.3 Third-Party Components

Projects may include third-party components, libraries, or services that are subject to their own licenses. You are responsible for complying with all applicable third-party license terms.

6. Client Responsibilities

You agree to:

• Provide accurate, complete, and timely information necessary for project completion
• Respond to requests for feedback, approvals, and decisions in a timely manner
• Provide access to necessary systems, accounts, and resources
• Ensure you have the legal right to use any content, materials, or intellectual property you provide
• Comply with all applicable laws and regulations
• Make payments according to the agreed schedule

7. Project Timelines and Delays

Project timelines are estimates and may be affected by factors beyond our control, including but not limited to:

• Delays in receiving necessary information or approvals from you
• Changes to project scope or requirements
• Third-party service delays or issues
• Unforeseen technical challenges

We will communicate any anticipated delays and work with you to adjust timelines as needed.

8. Revisions and Change Requests

Minor revisions are typically included in the project scope. Significant changes or additions to the original scope may result in additional charges and timeline adjustments. All change requests should be submitted in writing and agreed upon before implementation.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. We will correct any defects in our work that are reported within 30 days of project completion, at no additional charge.

9.2 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPSHINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

Our total liability for any claims arising out of or related to these Terms or our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

11. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the project. This obligation shall survive the termination of these Terms.

12. Termination

Either party may terminate a Project Agreement with written notice. Upon termination:

• You will pay for all work completed up to the termination date
• We will deliver all completed work and materials
• Each party will return or destroy confidential information

13. Indemnification

You agree to indemnify and hold harmless AppShine, its employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising out of:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or materials you provide to us

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or our services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with any Project Agreements, constitute the entire agreement between you and AppShine regarding the subject matter herein and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Service, please contact us: