Premium App Developer

Effective Date: March 15, 2019

Last Updated: January 12, 2024

1. ACCEPTANCE OF TERMS

These Terms and Conditions (“Terms,” “Agreement”) govern your use of the website and services provided by Premium App Developer (“Company,” “we,” “us,” or “our”), a leading mobile application and game development agency operating in the United States, United Arab Emirates, and Hong Kong. By accessing or using our website, services, or products, you (“User,” “Client,” “you”) agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree with any part of these Terms, you must not use our website or services. Your continued use of our services constitutes acceptance of any modifications to these Terms.

2. COMPANY INFORMATION

Premium App Developer is a top-leading mobile application and game development agency based in the United States, with operations extending to the UAE and Hong Kong markets. We maintain multiple back offices strategically located to hunt and manage top talents, where our specialized teams handle high-tech productions and enterprise solutions. Our mission is to help businesses become mobile-first in new technology solutions. We specialize in creating innovative mobile applications and games that drive business growth and enhance user engagement through cutting-edge technology and world-class talent.

For support inquiries, please contact us at: [email protected]

3. SERVICES DESCRIPTION

Premium App Developer provides comprehensive mobile application and game development services through our global network of talent acquisition centers and specialized development teams, including but not limited to:

• Custom mobile application development for iOS and Android platforms
• Advanced game development and design services with high-tech production capabilities
• Enterprise-grade solutions and large-scale application development
• Comprehensive enterprise mobility solutions and digital transformation services
• UI/UX design and user experience optimization by top-tier designers
• Mobile app consulting and strategy development through expert consultants
• App store optimization and deployment services
• Maintenance and support services for existing applications
• Quality assurance and testing services using advanced testing methodologies
• Backend development and API integration with enterprise-level architecture
• Cross-platform development solutions utilizing cutting-edge frameworks
• Scalable enterprise mobile solutions for Fortune 500 companies
• High-performance application development for demanding business requirements
• Cloud-based solutions and infrastructure management
• DevOps and continuous integration/deployment services
• Blockchain and emerging technology integration
• AI/ML integration and intelligent application development

Our services are powered by our global talent acquisition network, where we continuously hunt and recruit top-tier developers, designers, architects, and technology specialists. Our multiple back offices are strategically positioned to manage high-tech productions and deliver enterprise-grade solutions that meet the most demanding business requirements.

4. USER ELIGIBILITY AND ACCOUNT REGISTRATION

To use our services, you must be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater. By using our services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into this Agreement.

When creating an account with us, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Company Intellectual Property

All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, images, software, code, and design elements, are owned by Premium App Developer or our licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 Client Intellectual Property

Clients retain ownership of their pre-existing intellectual property, including business concepts, proprietary information, and materials provided to us for development purposes. However, by engaging our services, clients grant us a limited license to use such materials solely for the purpose of providing the contracted services.

5.3 Work Product and Deliverables

Unless otherwise specified in a separate written agreement, all custom development work, code, designs, and deliverables created specifically for a client become the property of the client upon full payment of all fees. However, Premium App Developer retains the right to use general methodologies, techniques, know-how, and experience gained during the project for future projects.

5.4 Talent and Team Management

Premium App Developer operates multiple back offices and talent acquisition centers to ensure access to the highest caliber of development professionals. Our talent hunting and team management processes are proprietary and constitute valuable trade secrets. The methodologies, processes, and systems we use to identify, recruit, and manage top talent for high-tech productions and enterprise solutions remain the exclusive property of Premium App Developer.

5.5 Portfolio Rights

Premium App Developer reserves the right to showcase completed projects in our portfolio and marketing materials, unless specifically restricted by a separate non-disclosure agreement or confidentiality clause in the service agreement.

6. PAYMENT TERMS AND PRICING

6.1 Payment Structure

All services are subject to our current pricing structure, which may vary based on project complexity, timeline, and specific requirements. Payment terms will be specified in individual service agreements or project proposals.

6.2 Payment Schedule

Unless otherwise agreed upon in writing, payments are typically structured as follows:

• Initial deposit required before project commencement (typically 25-50% of total project cost)
• Milestone payments based on project phases
• Final payment upon project completion and delivery

6.3 Late Payments

Late payments may result in project delays and may incur additional fees. We reserve the right to suspend services for accounts with overdue payments exceeding 30 days.

6.4 Refund Policy

NO REFUND POLICY: Premium App Developer maintains a strict no-refund policy once a project has been accepted and work has commenced. No refunds will be provided under any circumstances, including but not limited to the following situations:

• Change of Mind or Management Decision: Client decides to cancel or discontinue the project due to internal management changes, strategic shifts, or simply changing their mind about the project.
• Project Scope Changes: Client requests significant changes to the original project scope, requirements, or specifications that alter the fundamental nature of the agreed-upon deliverables.
• Idea Modifications: Client decides to pivot, modify, or completely change their original business idea, concept, or application functionality during the development process.
• Budget Reassessment: Client determines they no longer have sufficient budget or resources to complete the project as originally planned.
• Timeline Concerns: Client becomes dissatisfied with project timelines, even when timelines are impacted by client-caused delays or scope changes.
• Market Conditions: Changes in market conditions, competitive landscape, or business environment that affect the client’s decision to proceed with the project.
• Technical Complexity: Client’s reluctance to proceed due to discovery of technical complexities that were not apparent during initial project assessment.
• Stakeholder Disagreement: Internal disagreements among client’s stakeholders, board members, or decision-makers regarding project direction.
• Resource Allocation Changes: Client’s decision to reallocate resources or priorities to other business initiatives.
• External Dependencies: Issues with third-party services, APIs, or external dependencies that impact project feasibility.
• Regulatory or Compliance Issues: Discovery of regulatory requirements or compliance issues that affect project viability.
• Force Majeure Events: Any circumstances beyond either party’s control that impact project continuation.

All deposits, milestone payments, and fees for completed work phases are final and non-refundable. Clients are responsible for payment of all work completed up to the point of project termination, regardless of the reason for termination.

DEDICATED DEVELOPER SERVICES: For dedicated developer arrangements, hourly costs will apply for all time spent on the project. These hourly charges are non-refundable and will be billed according to actual time logged by our development team, regardless of project status or client satisfaction.

7. PROJECT TIMELINES AND DELIVERABLES

Project timelines are estimates based on the scope of work agreed upon at project initiation. Actual timelines may vary due to factors including but not limited to:

• Changes in project scope or requirements
• Delays in client feedback or approval
• Technical challenges or third-party dependencies
• Force majeure events

We commit to providing regular project updates and maintaining open communication throughout the development process. Any significant timeline changes will be communicated promptly with revised delivery estimates.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREMIUM APP DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL 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 TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Premium App Developer, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from:

• 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
• Any misrepresentation made by you

10. CONFIDENTIALITY AND NON-DISCLOSURE

Both parties acknowledge that they may have access to confidential information during the course of the business relationship. We agree to maintain the confidentiality of all proprietary and confidential information shared by clients and to use such information solely for the purpose of providing contracted services.

Confidential information includes but is not limited to business plans, technical specifications, user data, financial information, and any information marked as confidential or that would reasonably be considered confidential under the circumstances.

11. TERMINATION

11.1 Termination by Client

Clients may terminate services at any time with written notice. Upon termination, clients remain responsible for payment of all services rendered up to the termination date.

11.2 Termination by Company

We reserve the right to terminate services immediately if:

• Client breaches these Terms or any service agreement
• Client fails to make required payments
• Client engages in illegal or unethical activities
• Client provides false or misleading information

11.3 Effect of Termination

Upon termination, we will provide all completed work and deliverables for which payment has been received. Any ongoing projects will be suspended, and additional fees may apply for project handover or transition services.

12. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government regulations, pandemics, internet outages, or other unforeseeable circumstances.

13. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Premium App Developer’s principal office is located, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

For clients in the UAE and Hong Kong, local laws may apply to certain aspects of the service relationship, and disputes may be resolved according to local legal procedures where required by law.

14. PRIVACY POLICY

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy.

15. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms. We recommend reviewing these Terms periodically for any changes.

16. SEVERABILITY

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

17. ENTIRE AGREEMENT

These Terms, together with any additional agreements or policies referenced herein, constitute the entire agreement between you and Premium App Developer regarding the use of our services and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.

18. DISPUTE RESOLUTION

18.1 Informal Resolution

Before initiating formal dispute resolution procedures, parties agree to attempt to resolve disputes through informal negotiation and good faith discussions.

18.2 Mediation

If informal resolution is unsuccessful, disputes shall be submitted to mediation before a qualified mediator agreed upon by both parties. The costs of mediation shall be shared equally between the parties.

18.3 Arbitration

If mediation fails to resolve the dispute, the matter may be submitted to binding arbitration in accordance with the rules of the American Arbitration Association or equivalent organization in the relevant jurisdiction.

19. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, regulations, and industry standards in your use of our services. This includes but is not limited to data protection laws, export control regulations, and industry-specific compliance requirements.

Premium App Developer operates in compliance with applicable laws in the United States, UAE, and Hong Kong, and expects clients to maintain similar compliance standards.

20. TECHNICAL SUPPORT AND MAINTENANCE

Technical support and maintenance services are provided according to the terms specified in individual service agreements. Standard support typically includes bug fixes and minor updates for a specified period following project delivery. Extended support and major updates may require separate agreements and additional fees.

21. CONTACT INFORMATION

For questions about these Terms or any aspect of our services, please contact us at:

Premium App Developer Email: [email protected]

We strive to respond to all inquiries within 48 hours during business days.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.