Terms of Service
Last updated: March 13, 2026
Acceptance of Terms
Welcome to AppanDesign LLC. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, please do not use our services.
We reserve the right to modify these Terms at any time. Continued use of our services after any changes constitutes acceptance of the modified Terms.
Our Services
AppanDesign LLC provides the following digital services:
iOS & iPadOS Development
Custom native mobile application development using Swift and SwiftUI
Website Design
Custom website design and development, including responsive layouts and CMS integration
Website Management
Ongoing maintenance, security updates, hosting management, and technical support
The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate project proposal or contract ("Statement of Work" or "SOW").
Client Obligations
As a client, you agree to:
- Provide accurate and complete information necessary for the project
- Respond to requests for feedback, approvals, and materials in a timely manner
- Ensure you have the rights to any content, materials, or assets you provide
- Designate a primary point of contact for project communication
- Make payments according to the agreed-upon schedule
- Review and test deliverables within the specified timeframes
- Comply with all applicable laws and regulations
Delays caused by failure to meet these obligations may result in project timeline adjustments and/or additional charges.
Project Process
Proposals & Contracts
All projects begin with a detailed proposal outlining scope, timeline, and pricing. Projects commence upon written acceptance of the proposal and receipt of any required deposit.
Revisions & Changes
Our standard project includes a reasonable number of revision rounds as specified in your proposal. Additional revisions beyond the agreed scope may incur extra charges. Significant changes to project scope require a formal change request and may affect timeline and pricing.
Approvals & Milestones
Projects are delivered in phases with milestone approvals. Written approval of each milestone is required before proceeding to the next phase. Approval is deemed given if feedback is not provided within 5 business days of delivery.
Testing & Launch
Clients are responsible for thoroughly testing deliverables before launch. We provide a testing period as specified in your proposal. Issues reported after the testing period may be subject to additional charges.
Payment Terms
Pricing
All prices are quoted in US Dollars unless otherwise specified. Quotes are valid for 30 days from the date of issue.
Payment Schedule
Standard payment terms are as follows:
Projects under $3,000
50% deposit to start, 50% upon completion
Projects $3,000 - $10,000
40% deposit, 30% at midpoint, 30% upon completion
Projects over $10,000
Custom payment schedule as outlined in the SOW
Monthly Services
Billed monthly in advance
Payment Methods
We accept payment via bank transfer, credit card (Visa, Mastercard, American Express), and PayPal. A 3% processing fee applies to credit card payments.
Late Payments
Invoices are due within 14 days of issue. Late payments may incur:
- Interest at 1.5% per month on outstanding balances
- Suspension of work until payment is received
- Collection costs if legal action is required
Intellectual Property
Client Materials
You retain all rights to content, materials, and assets you provide. You grant us a license to use these materials solely for the purpose of completing your project.
Deliverables
Upon full payment, you receive full ownership of all custom work created specifically for your project, including:
- Custom code and software
- Custom designs and graphics
- Custom written content
Reserved Rights
We retain rights to:
- Pre-existing code, libraries, and frameworks
- Third-party components and licenses
- General knowledge, skills, and techniques
- Portfolio usage (we may showcase the work unless you request otherwise)
Third-Party Components
Projects may include third-party components (fonts, images, plugins) which are subject to their respective licenses. We will inform you of any ongoing licensing requirements.
Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of the project. This includes:
Confidentiality obligations survive termination of services and remain in effect for 3 years thereafter.
Warranties & Disclaimers
Our Warranties
We warrant that:
- Services will be performed professionally and with reasonable care
- Deliverables will substantially conform to agreed specifications
- We have the right to provide the services and deliverables
- Work will be free from material defects for 30 days after delivery
Disclaimers
EXCEPT AS EXPRESSLY STATED, 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:
- Specific business results, revenue, or traffic
- Search engine rankings or performance
- App Store approval or featured placement
- Compatibility with all devices or browsers
- Uninterrupted or error-free operation
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our total liability for any claims arising from services shall not exceed the fees paid for those services in the 12 months preceding the claim
- We shall not be liable for indirect, incidental, consequential, special, or punitive damages
- We shall not be liable for loss of profits, data, business opportunities, or goodwill
These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.
Termination
Termination by Client
You may terminate the project at any time with written notice. Upon termination:
- You are responsible for payment of all work completed to date
- Deposits are non-refundable
- We will deliver all completed work within 14 days
Termination by Us
We may terminate the engagement if:
- Payment is more than 30 days overdue
- Client fails to provide required materials or approvals for 30+ days
- Client requests work that violates laws or ethical standards
- Continued engagement would harm our reputation or interests
Effect of Termination
Upon termination, all licenses granted hereunder (except for fully paid deliverables) shall terminate. Provisions regarding confidentiality, intellectual property, limitation of liability, and general provisions shall survive termination.
General Provisions
Independent Contractor
We are an independent contractor, not an employee, partner, or joint venturer. We maintain our own business practices, tools, and methods.
Force Majeure
Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, or government actions.
Governing Law
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of San Francisco County, California.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with any applicable SOW, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it later.
Contact Information
For questions about these Terms of Service, please contact us:
AppanDesign LLC
[email protected]