Terms of
Service.

01 Acceptance of terms

By accessing appandesign.com, contacting App & Design, or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or organization, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not use our website or services.

These Terms constitute a legally binding agreement under the laws of the State of New Jersey, including but not limited to the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) and applicable contract law.

02 Services

App & Design provides the following services:

• Native iOS application development (Swift / SwiftUI)
• Custom website design and development (PHP, HTML, CSS, JavaScript)
• Programmatic landing page systems and SEO
• Website management and maintenance
• Custom SaaS platforms, dashboards, and internal tools
• WordPress theme development

The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate Project Agreement, Statement of Work (SOW), or email confirmation between App & Design and the client. In the event of conflict between these Terms and a signed Project Agreement, the Project Agreement controls.

We reserve the right to decline any project at our sole discretion, without obligation to provide a reason.

03 Payment terms

Invoices: Payment terms are specified in each project agreement. Unless otherwise agreed in writing:

• A deposit of 50% is due before project work begins
• The remaining 50% is due upon project completion and prior to delivery of final files or launch
• For ongoing retainer services, payment is due on the first day of each billing period

Late payments: Invoices unpaid after 15 days of the due date are subject to a late fee of 1.5% per month (18% annually) on the outstanding balance, consistent with New Jersey's commercial practices. We reserve the right to suspend services on accounts with unpaid invoices.

Project ownership: Final deliverables, including source code and design files, transfer to the client only upon receipt of full payment. Work product remains the property of App & Design until paid in full.

Refunds: Deposits are non-refundable once project work has commenced. If App & Design cancels a project without client fault, any unused portion of a deposit will be refunded within 30 days.

Expenses: Client-incurred third-party costs (domain registration, hosting, third-party APIs, stock assets, etc.) are billed separately at cost plus a reasonable administrative fee, unless otherwise agreed.

04 Intellectual property

Client ownership (upon full payment): Once a project is paid in full, the client receives full ownership of the custom deliverables specifically created for that project — including custom design files, custom code, and custom content created for the engagement.

What we retain: App & Design retains ownership of:

• Pre-existing code libraries, frameworks, and tools used in development
• General methodologies, know-how, and development processes
• Our portfolio right to display the work publicly (unless the client requests otherwise in writing)
• Any work not covered by full payment

Third-party components: Projects may include open-source software, licensed fonts, or stock assets subject to their own license terms. We will disclose any such components, and the client is responsible for compliance with their respective licenses.

Our website: All content on appandesign.com — including text, graphics, logos, and code — is the property of App & Design and is protected by applicable intellectual property laws. Unauthorized reproduction is prohibited.

05 Client-provided content

By providing us with content (text, images, logos, data, or other materials) for use in your project, you represent and warrant that:

• You own or have the legal right to use all provided content
• The content does not infringe any third-party intellectual property rights
• The content does not violate any applicable law, including NJ state law
• You grant App & Design a limited license to use the content solely for delivering your project

You agree to defend, indemnify, and hold harmless App & Design from any claims arising from content you provide.

Client responsibility: Clients are solely responsible for ensuring that their websites, apps, and digital products comply with all applicable laws, including accessibility requirements (ADA, WCAG), industry-specific regulations, and New Jersey consumer protection law.

06 Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of a project engagement, including but not limited to business strategies, technical architecture, client data, and trade secrets.

This obligation does not apply to information that:

• Is or becomes publicly available through no breach of these Terms
• Was already known to the receiving party prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

For engagements requiring a formal Non-Disclosure Agreement (NDA), we are happy to execute one prior to discussing project details. Contact us at [email protected] to request an NDA.

07 Warranties & disclaimers

What we warrant: App & Design warrants that:

• We have the right to enter into agreements and deliver the agreed services
• Work will be performed in a professional and workmanlike manner
• Deliverables will materially conform to the agreed specifications at the time of delivery

Bug warranty: We will correct material defects in our deliverables reported within 30 days of project delivery at no additional charge. This warranty does not cover issues caused by client modifications, third-party software, or hosting environment changes.

What we do not warrant:

• Search engine rankings: We do not guarantee any specific ranking on Google or other search engines. SEO results depend on factors outside our control.
• Revenue or business outcomes: We make no guarantee that a website or app will generate any particular level of traffic, leads, or revenue.
• Third-party services: We are not responsible for outages, changes, or issues with third-party platforms, APIs, or hosting providers.
• Uptime: Unless explicitly contracted for maintenance services, we do not guarantee website uptime after project delivery.

08 Limitation of liability

To the maximum extent permitted by New Jersey law, App & Design's total liability for any claim arising from or related to these Terms or any project engagement shall not exceed the total amount paid by the client for the specific project giving rise to the claim, during the twelve (12) months preceding the claim.

App & Design shall not be liable for:

• Indirect, incidental, or consequential damages
• Lost profits or lost business opportunities
• Loss of data or data corruption
• Damages arising from third-party services or actions
• Damages resulting from client's failure to maintain backups

Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct under New Jersey law.

09 Termination

By the client: Clients may terminate a project engagement with 14 days written notice. The client shall pay for all work completed up to the termination date at the agreed project rate or a pro-rata hourly rate. Deposits are non-refundable once work has begun.

By App & Design: We may terminate an engagement immediately if:

• The client fails to make payment within 15 days of a due date
• The client requests work that violates applicable law or our policies
• The client engages in abusive, threatening, or harassing behavior
• Continued engagement would violate our ethical standards

Effect of termination: Upon termination, all licenses granted are revoked until final payment is received. Provisions regarding payment, intellectual property, confidentiality, limitation of liability, and governing law survive termination.

10 Dispute resolution

Informal resolution first: Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally by contacting us at [email protected] and providing written notice of the issue. We will respond within 10 business days and make a good-faith effort to resolve the matter.

Mediation: If informal resolution fails within 30 days, the parties agree to attempt non-binding mediation through a mutually agreed mediator or through the New Jersey Judiciary's Civil Mediation Program before pursuing litigation.

Arbitration: For claims under $15,000, the parties agree to resolve disputes through binding arbitration under the rules of the American Arbitration Association, with proceedings conducted in Essex County, New Jersey.

Litigation: For claims over $15,000 not resolved through the above, the parties consent to the exclusive jurisdiction of the courts of the State of New Jersey, sitting in Essex County.

Class action waiver: Each party waives the right to participate in a class action lawsuit or class-wide arbitration related to any dispute under these Terms.

11 Governing law

These Terms and any project agreements between the parties are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.

Applicable New Jersey statutes include:

• N.J.S.A. 56:8-1 et seq. — New Jersey Consumer Fraud Act
• N.J.S.A. 12A:1-101 et seq. — New Jersey Uniform Commercial Code
• N.J.S.A. 56:8-161 et seq. — Identity Theft Prevention Act
• N.J. Court Rules — governing any court proceedings in New Jersey

If any provision of these Terms is found unenforceable under New Jersey law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

12 Changes to these terms

We reserve the right to modify these Terms at any time. When we do, we will update the "Last updated" date above. For material changes, we will provide at least 30 days' notice via email or a prominent website notice.

Changes do not apply retroactively to projects already under contract. Continued use of our website or services after changes take effect constitutes acceptance of the updated Terms.

Prior versions of these Terms are available upon request.

13 Contact us

Questions about these Terms, disputes, or requests for a project agreement or NDA: