Terms of Service

1. Who We Are

Kode Aap Inc. ("Kode Aap", "we", "us", or "our") is a Canadian-based mobile app and web development consultancy, incorporated in Canada. Our registered website is kodeaap.com.

2. Acceptance of Terms

By accessing our website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

These terms apply to all visitors, clients, and anyone who accesses or uses our services.

3. Our Services

Kode Aap provides technology consulting and development services, including but not limited to:

• Full-stack mobile app development (iOS and Android)
• Web application development
• Prototype development and validation
• Branding and user interface design
• Quality assurance and app store submission
• Post-launch maintenance and support

The specific scope, timeline, and deliverables for each engagement are defined in a separate written service agreement between Kode Aap and the client.

4. Client Responsibilities

To allow us to deliver our services effectively, you agree to:

• Provide accurate, complete, and up-to-date information required for the project
• Review deliverables and provide feedback within agreed timeframes
• Pay all fees as specified in your service agreement
• Ensure that any content, materials, or assets you provide to us do not infringe any third-party intellectual property rights
• Comply with all applicable laws and regulations in connection with your use of our services

5. Intellectual Property

Your content

You retain ownership of all content, materials, and assets you provide to us. By providing them, you grant us a non-exclusive licence to use them solely for the purpose of delivering your project.

Deliverables

Upon receipt of full payment of all applicable fees, ownership of the project deliverables (as defined in your service agreement) transfers to you. Until full payment is received, all deliverables remain the property of Kode Aap.

Our pre-existing IP

Kode Aap retains ownership of all pre-existing intellectual property, tools, frameworks, methodologies, libraries, and know-how used to create the deliverables. Where these are incorporated into your deliverables, we grant you a perpetual, non-exclusive licence to use them as part of the delivered product.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. We will not disclose your confidential information to any third party except as required to deliver your project or as required by law.

This confidentiality obligation survives the termination of any service agreement.

7. Payment Terms

Payment terms are as specified in your individual service agreement. Unless otherwise agreed in writing:

• Invoices are due within 14 days of the invoice date
• Late payments may result in work being paused until the outstanding balance is settled
• We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month

All prices are in Canadian dollars (CAD) unless otherwise stated.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Kode Aap's total liability to you for any claims arising from or related to our services shall not exceed the total fees paid by you to Kode Aap in the three months preceding the claim.

In no event shall Kode Aap be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of goodwill, even if we have been advised of the possibility of such damages.

9. Warranties and Disclaimer

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

Except as expressly stated above, our services and website are provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Termination

Either party may terminate a service agreement as specified in the contract terms. In the event of termination:

• You remain liable for all fees incurred up to the date of termination
• We will provide you with all completed work and work-in-progress up to the termination date, subject to receipt of outstanding payments
• Sections relating to intellectual property, confidentiality, limitation of liability, and governing law survive termination

11. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from these terms or our services shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to binding arbitration in Ontario, Canada.

12. Changes to These Terms

We reserve the right to modify these Terms of Service at any time. When we do, we will update the "Last updated" date at the top of this page. Continued use of our services after changes are posted constitutes your acceptance of the updated terms. We recommend reviewing this page periodically.

13. Contact Us

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

Kode Aap Inc.
Email: info@kodeaap.com
Website: kodeaap.com