Smarterapps Australia – Terms of Use

1. Introduction

Welcome to Smarterapps Australia (“we”, “us”, or “our”). By accessing and using our website, services, or mobile applications (collectively referred to as the “Services”), you agree to comply with and be bound by the following Terms of Use. If you do not agree with these terms, you should not use our Services.

2. Services Provided

Smarterapps Australia offers mobile app development, backend web services, support, and other related services as outlined on our website. These terms apply to all users and clients engaging with any of our Services.

3. User Responsibilities

When engaging with our Services, you agree to:

• Provide accurate and up-to-date information where required.
• Use our Services only for lawful purposes.
• Not infringe upon the intellectual property rights of Smarterapps Australia or third parties.

4. Service Availability

We make every effort to ensure that our Services are available and running smoothly. However, Smarterapps Australia does not guarantee uninterrupted or error-free availability. We may also update, modify, or temporarily suspend Services for maintenance or improvements.

5. Mobile App Development

By engaging Smarterapps Australia for mobile app development, you agree to:

• Provide detailed project specifications during consultations.
• Acknowledge that development timelines depend on project complexity and may be subject to adjustments.
• Participate in feedback and testing phases to ensure the final product meets your requirements.

We will guide you through the submission of your app to the relevant app stores (e.g., Apple App Store, Google Play), but we do not guarantee acceptance by these third-party platforms, as their policies are outside our control.

6. Intellectual Property

All intellectual property rights related to the design, development, and coding of any mobile or web app produced by Smarterapps Australia remain our property until full payment for the project is received. Upon payment, we transfer ownership of the final product to you, the client, while reserving the right to use elements of the development process for future projects.

Third-party tools, services, and APIs integrated into your app may remain subject to separate licensing agreements and intellectual property rights held by those third parties.

7. Payments and Fees

Costs for our services are based on project scope, complexity, and additional requirements. Payments are due as per the agreed-upon terms and invoices provided. Failure to make timely payments may result in delays or suspension of services.

8. Third-Party Integrations

Our development may involve the integration of third-party services (e.g., payment gateways, cloud services, analytics). While we ensure smooth integration, we are not responsible for any changes or disruptions caused by third-party providers.

9. Security and Privacy

We take security and privacy seriously and will follow industry best practices to protect your data and the security of the apps we develop. However, no online system is completely secure, and we cannot guarantee that unauthorised third parties will not be able to bypass our security measures.

You agree to comply with relevant privacy laws (such as GDPR and CCPA) if applicable to your app or services.

10. Maintenance and Support

We provide post-launch support as agreed upon in the project’s terms. Ongoing maintenance contracts are available to ensure your app continues to operate efficiently. You are responsible for purchasing an appropriate support package if required.

11. App Updates and Scalability

Smarterapps Australia may provide updates, feature additions, and performance enhancements to your app, subject to additional fees if required. Scalability considerations will be addressed during the development process, ensuring your app can grow with your business.

12. Limitation of Liability

Smarterapps Australia will not be held liable for any direct, indirect, incidental, or consequential damages arising from the use of our Services, including but not limited to:

• Errors or omissions in the content provided through the Services.
• Loss of profits, revenue, or data.
• Service disruptions or security breaches beyond our reasonable control.

13. Termination of Services

Either party may terminate an agreement for Services by providing written notice. Termination may be subject to payment for work already completed. In the event of non-compliance with these Terms of Use or failure to meet payment obligations, we reserve the right to suspend or terminate services without notice.

14. Changes to Terms

We may update these Terms of Use from time to time. Any changes will be posted on our website, and continued use of our Services constitutes acceptance of any such modifications.

15. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Australia. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts in Australia.

16. Contact Information

For any questions or concerns regarding these Terms of Use, please contact us at:

Smarterapps Australia
Email: info@smarterapps.com.au
Phone: +61 0417 150 796
Website: www.smarterapps.com.au