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TOS & Privacy

Transparent policies governing our services, your data, and our relationship as digital partners

Last updated: August 31, 2025

Terms of Service

1. Agreement to Terms

By accessing and using our services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use our services. These terms constitute a legally binding agreement between you and Appsius Inc., a Delaware corporation.

2. Services Provided

We provide comprehensive digital agency services including:

  • Website design and development
  • Software as a Service (SaaS) product development
  • Artificial Intelligence (AI) solutions
  • Ecommerce & booking systems
  • SEO optimization and digital marketing
  • Content creation and management
  • System integrations and API development
  • DevOps and cloud infrastructure services

All services are provided "as-is" and we make no warranties regarding the performance of third-party services or platforms beyond our direct control.

3. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information necessary for project completion
  • Respond to requests for feedback and approval within agreed timeframes
  • Provide necessary access to systems, accounts, and resources as required
  • Respect intellectual property rights and licensing agreements
  • Make payments according to the agreed schedule
  • Comply with all applicable laws and regulations in your use of our services
  • Indemnify Appsius against any claims arising from your use of deliverables

4. Project Scope and Changes

Project scope will be defined in writing before commencement. Any changes to the agreed scope may result in additional charges and timeline adjustments. We will communicate all changes and associated costs before implementation. Verbal agreements are not binding unless confirmed in writing.

5. Payment Terms and Collection

Payment terms will be specified in individual project agreements. Generally:

  • Invoices are due within 30 days of receipt unless otherwise specified
  • Late payments incur a service charge of 1.5% per month (18% annually) or the maximum allowed by law
  • Projects may be suspended for non-payment after 15 days past due
  • Client is responsible for all collection costs, including reasonable attorney fees
  • Full payment includes all project fees, expenses, and applicable taxes
  • Refunds are handled on a case-by-case basis and may be subject to a processing fee

6. Intellectual Property Rights

Final Deliverables: Upon full payment of all fees, clients receive rights to custom-developed final deliverables specifically created for their project, excluding third-party components.

Work Product: Until full payment is received, Appsius retains all rights to work product. Partial payments do not convey partial ownership rights.

Pre-existing IP: We retain rights to methodologies, tools, frameworks, libraries, and pre-existing intellectual property used in projects.

Third-party Components: Client must comply with all third-party software licenses. We make no warranties regarding third-party components.

Portfolio Rights: We reserve the right to display completed work in our portfolio and marketing materials unless specifically prohibited in writing.

7. Confidentiality and Data Protection

We maintain strict confidentiality regarding all client information and business details. We will not disclose confidential information to third parties without explicit consent, except as required by law.

We comply with applicable data protection regulations including GDPR and CCPA where applicable. Our data handling practices are detailed in our Privacy Policy.

8. Service Level Agreements and Warranties

Response Times: We strive to respond to inquiries within 24-48 hours during business days.

Uptime: For hosted services, we target 99.9% uptime but make no guarantees.

Warranty Disclaimer: Services are provided "as-is" without warranty of any kind. We disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability and Indemnification

Liability Cap: Our total liability for any claim shall not exceed the fees paid by client in the 12 months prior to the claim, or $10,000, whichever is less.

Excluded Damages: We are not liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, data loss, or business interruption.

Client Indemnification: Client agrees to indemnify and hold harmless Appsius from any claims, damages, or expenses arising from client's use of deliverables or breach of these terms.

Data Backup: Clients are responsible for maintaining backups of their data and systems.

10. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from acts beyond reasonable control, including natural disasters, pandemics, government actions, internet outages, or third-party service failures. We will make reasonable efforts to minimize disruption and notify clients promptly of any delays.

11. Dispute Resolution

Mediation: Any dispute shall first be addressed through good faith negotiation, followed by mediation if necessary.

Arbitration: If mediation fails, disputes shall be resolved through binding arbitration under Delaware law, except for claims involving intellectual property or collection matters.

Attorney Fees: The prevailing party in any dispute resolution shall be entitled to reasonable attorney fees and costs.

12. Governing Law and Jurisdiction

These terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any legal action must be brought in the state or federal courts of Delaware. Client consents to personal jurisdiction in Delaware courts.

13. Compliance and Regulatory

Both parties agree to comply with all applicable federal, state, and local laws and regulations. Client warrants that their business practices and use of our services comply with all applicable laws, including data protection, accessibility, and industry-specific regulations.

14. Termination

Either party may terminate services with 30 days written notice. Upon termination, payment is due for work completed. We will provide reasonable assistance in transitioning services to another provider, subject to additional fees. Termination does not affect accrued rights and obligations.

15. General Provisions

Entire Agreement: These terms, together with any signed project agreements, constitute the entire agreement between the parties.

Modifications: These terms may only be modified in writing, signed by both parties.

Severability: If any provision is found unenforceable, the remaining provisions shall remain in full force.

Assignment: Client may not assign these terms without our written consent. We may assign our rights to affiliates or successors.

Privacy Policy

1. Information We Collect

We collect information you provide directly to us, such as when you:

  • Fill out forms on our website
  • Contact us for services or support
  • Subscribe to our newsletter or updates
  • Participate in questionnaires or surveys
  • Engage with our services and projects

2. Types of Personal Information

We may collect the following types of personal information:

  • Contact Information: Name, email address, phone number, mailing address
  • Business Information: Company name, job title, industry, business requirements
  • Project Information: Technical requirements, preferences, and project specifications
  • Communication Data: Messages, feedback, and correspondence
  • Usage Data: Website analytics, page views, and interaction patterns

3. How We Use Your Information

We use collected information to:

  • Provide and improve our services
  • Communicate about projects and services
  • Send relevant updates and newsletters (with consent)
  • Analyze and improve our website and services
  • Comply with legal obligations
  • Protect against fraud and security threats

4. Information Sharing

We do not sell, trade, or otherwise transfer personal information to third parties except:

  • With your explicit consent
  • To trusted service providers who assist in operations (under confidentiality agreements)
  • When required by law or legal process
  • To protect our rights, property, or safety

5. Data Retention

We retain personal information only as long as necessary to fulfill the purposes outlined in this policy, comply with legal obligations, resolve disputes, and enforce agreements.

Data Protection & Security

Security Measures

We implement appropriate technical and organizational security measures to protect your personal information:

  • Encryption of data in transit and at rest
  • Regular security assessments and updates
  • Access controls and authentication protocols
  • Employee training on data protection
  • Secure hosting and infrastructure partners

Your Rights

You have the right to:

  • Access: Request information about personal data we hold about you
  • Correction: Request correction of inaccurate personal data
  • Deletion: Request deletion of your personal data
  • Portability: Request transfer of your data to another service
  • Objection: Object to processing of your personal data
  • Restriction: Request restriction of data processing

International Data Transfers

If we transfer your personal data internationally, we ensure adequate protection through appropriate safeguards such as standard contractual clauses or adequacy decisions.

Cookie Policy

What Are Cookies

Cookies are small text files stored on your device when you visit our website. They help us provide you with a better experience by remembering your preferences and analyzing site usage.

Types of Cookies We Use

  • Essential Cookies: Required for basic website functionality
  • Performance Cookies: Help us analyze website usage and improve performance
  • Functional Cookies: Remember your preferences and settings
  • Marketing Cookies: Used to deliver relevant advertisements (with consent)

Managing Cookies

You can manage cookie preferences through your browser settings. Note that disabling certain cookies may affect website functionality.

Contact Information

If you have questions about this Privacy Policy or Terms of Service, please contact us:

Contact Us

For all inquiries including general questions, privacy concerns, and legal matters:

Policy Updates

We may update this policy from time to time. We will notify you of any material changes by posting the new policy on this page with an updated revision date. Your continued use of our services after changes constitutes acceptance of the updated policy.

Ready to Work Together?

Now that you understand our commitment to transparency and data protection, let's discuss your project.