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Terms of Service

Please read these terms carefully before using our services.

Last updated: January 2026

1. Agreement to Terms

By accessing or using AppFlare's services, website, or any related software applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and AppFlare ("Company," "we," "us," or "our") concerning your access to and use of our Services.

2. Services Description

AppFlare provides custom software development services, including but not limited to:

  • Web application development
  • Mobile application development (iOS and Android)
  • Desktop application development
  • Enterprise software solutions
  • Software consulting and architecture design
  • System integration services
  • Maintenance and support services

The specific scope of services will be defined in individual project agreements, statements of work, or contracts entered into between AppFlare and the client.

3. Client Responsibilities

When engaging our Services, you agree to:

  • Provide accurate, current, and complete information as required for the project
  • Maintain the security and confidentiality of any account credentials
  • Promptly respond to requests for information, feedback, or approvals
  • Ensure you have the necessary rights to any materials, content, or data provided to us
  • Comply with all applicable laws and regulations in your use of our Services
  • Make timely payments as outlined in the project agreement

4. Intellectual Property Rights

4.1 Client Materials

You retain all rights to any materials, content, data, or intellectual property you provide to us ("Client Materials"). You grant us a limited, non-exclusive license to use Client Materials solely for the purpose of providing the Services.

4.2 Deliverables

Unless otherwise specified in a project agreement, upon full payment, you will own all rights to the custom software, code, and deliverables created specifically for your project ("Deliverables"). This excludes any pre-existing materials, third-party components, or our proprietary tools and frameworks.

4.3 AppFlare Property

We retain all rights to our proprietary tools, frameworks, methodologies, know-how, and any pre-existing intellectual property used in providing the Services. We may use general knowledge, skills, and experience gained during a project for future work.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the engagement. This includes, but is not limited to:

  • Business strategies and plans
  • Technical specifications and architectures
  • Customer data and personally identifiable information
  • Financial information and pricing
  • Trade secrets and proprietary processes

Confidentiality obligations shall survive the termination of any agreement for a period of three (3) years, unless otherwise specified.

6. Payment Terms

Payment terms will be specified in individual project agreements. General terms include:

  • Invoices are due within thirty (30) days of issuance unless otherwise agreed
  • Late payments may incur interest at a rate of 1.5% per month
  • We reserve the right to suspend work on projects with overdue payments
  • All fees are exclusive of applicable taxes, which you are responsible for paying

7. Warranties and Disclaimers

7.1 Our Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. For a period specified in the project agreement (typically 30-90 days after delivery), we will correct any defects in the Deliverables at no additional cost.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPFLARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless AppFlare and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your use of the Services or Deliverables
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any Client Materials you provide that infringe third-party rights

10. Termination

Either party may terminate a project agreement with written notice as specified in that agreement. Upon termination:

  • You shall pay for all Services rendered up to the termination date
  • We will deliver all completed work and work-in-progress
  • Both parties shall return or destroy confidential information
  • Provisions regarding intellectual property, confidentiality, and limitation of liability shall survive

11. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, riots, pandemics, government actions, or internet failures.

12. Dispute Resolution

Any disputes arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association. The arbitration shall be conducted in English, and the decision shall be final and binding.

13. General Provisions

  • Entire Agreement: These Terms, along with any project agreements, constitute the entire agreement between the parties.
  • Amendments: We may update these Terms from time to time. Continued use of our Services constitutes acceptance of any changes.
  • Severability: If any provision is found unenforceable, the remaining provisions shall continue in effect.
  • Waiver: Failure to enforce any right shall not constitute a waiver of that right.
  • Assignment: You may not assign these Terms without our prior written consent.

14. Contact Information

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

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