Terms of Service

Last updated: September 2026

These terms describe how MakeMyApp (“we”, “us”) provides software development services to a client (“you”). They apply to the use of this website and to engagements that begin from it, unless we have both signed a separate engagement agreement, statement of work or master services agreement covering the same ground.

Where a signed engagement agreement and these terms conflict, the signed agreement prevails. These terms fill the gaps it does not address.

1. What we provide

We provide custom software design, development, integration, modernisation, maintenance and related advisory services. That can include mobile applications, web applications, SaaS products, desktop software, backend services and APIs, AI-enabled features, ecommerce systems, dashboards, browser extensions and companion applications for connected devices, together with the design, testing, deployment and documentation work that surrounds them.

The specific services for any engagement are those written in the accepted proposal or statement of work. Anything not written there is not included, however reasonable it may seem, until it is added by a change request under section 7.

2. Estimates, proposals and quotes — these are different things

People use these words interchangeably and it causes real disputes, so we separate them deliberately:

• An estimate — including anything produced by the cost calculator on this website, and any figure or range given verbally or in early correspondence — is an indicative guide based on incomplete information. It is not an offer, it is not binding on either of us, and it should not be used as a budget you have committed to anyone else.
• A proposal or quote is a written document setting out a defined scope, deliverables, assumptions, exclusions, timeline and price. It is binding once you accept it in writing and it becomes the basis of the engagement.
• A quote is valid for the period stated on it, or thirty days if no period is stated. After that we may re-issue it, because supplier pricing and our availability change.

Every quote we issue lists the assumptions it depends on. If an assumption turns out to be wrong — a third-party system does not have the API it was documented as having, for example — we tell you promptly and handle it as a change request rather than quietly absorbing or quietly billing it.

3. Fixed-price and time-based engagements

Fixed-price engagements cover a defined scope for an agreed sum. Within that scope, the risk of having estimated badly is ours: if the work takes longer than we thought, that is our problem and the price does not move. What does move the price is a change to the scope, handled under section 7.

Time-based and dedicated-team engagements are charged by the agreed rate or monthly team fee for time actually worked, and suit work whose direction is expected to change. We report time and progress so you can see what has been spent against what has been produced, and either party can adjust or end the arrangement on the notice stated in the agreement.

We will tell you which model we think fits your project, including when that means recommending the one that earns us less. Work that cannot honestly be scoped in advance should not be sold as a fixed price, because a fixed price on unknown scope becomes a fight later.

4. Payment

• Fixed-price engagements are invoiced against milestones stated in the proposal — typically a deposit to begin, payments tied to design sign-off and defined build milestones, and a final instalment on delivery.
• Time-based and dedicated-team engagements are invoiced monthly, in advance unless the agreement says otherwise.
• All amounts are in US dollars and exclude any sales, use, VAT, GST or similar taxes, which are your responsibility where they apply. Bank transfer and payment processor charges on your side are yours.
• Invoices are due within the period stated on them, and fifteen days from the invoice date where none is stated.

Late payment. If an invoice goes unpaid past its due date we will chase it in writing first. If it remains unpaid we may suspend work and withhold new deliverables until the account is current, and we may charge interest on the overdue amount at the lower of 1.5% per month or the maximum permitted by applicable law. A suspension pauses the timeline; it does not extend the price. Because intellectual property transfers on final payment (section 9), an unpaid final invoice means the transfer has not happened yet — which is precisely why we would rather talk to you early than let an invoice age.

5. What the price does not include

Unless the proposal expressly says otherwise, our fees cover our work only. The following are your costs, paid by you directly to the provider, and we pass them through without markup where we arrange them on your behalf:

• App store and platform developer fees — for example the annual Apple Developer Program fee and the Google Play registration fee.
• Cloud hosting, infrastructure, databases, storage and bandwidth, including any staging environments.
• Paid third-party APIs and services — payment processing, SMS, email delivery, mapping, identity verification, AI model usage, push infrastructure, error monitoring and similar, including usage-based charges that scale with your traffic.
• Third-party software licences, commercial libraries, plugins, premium fonts, stock photography, video and audio.
• Domain registration, SSL certificates where not included by the host, and business verification costs.
• Ongoing maintenance and support after the defect-fix window in section 11, which is a separate engagement.
• Content you supply — copy, translation, legal documents such as your own privacy policy and terms, and any regulatory certification or audit your product requires.

We estimate the third-party costs we expect in the proposal so the total cost of ownership is visible before you commit, but those are estimates of someone else's pricing and we do not control it.

6. What we need from you

Software projects stall on the client side more often than on ours, so these are obligations rather than courtesies:

• A decision-maker. One named person who can approve designs, settle disagreements and sign off milestones.
• Timely feedback and approvals. Where the plan asks for a response, we need it within a reasonable period. Delays on your side move the timeline and, on a long enough delay, may move the price.
• Access. Accounts, credentials, existing code, test environments, data samples and the contacts at any third party we need to integrate with.
• Accurate content and rights. You confirm that text, images, logos, data and other material you give us are accurate and that you have the right to use them. You are responsible for the legality of your product and its content, and you indemnify us against claims arising from material you supplied or instructions you gave.
• Compliance information. If your product touches regulated data — health, financial, children's data — tell us before the scope is set, not after.

7. Changes to scope

Expect to want changes; seeing a working build generates better ideas than reading a document did. Small adjustments within the agreed scope are absorbed as we go. Anything that adds material work is handled by a written change request describing the change, its price and its effect on the timeline. No work on a change begins until you approve it in writing. Either of us may propose a change; neither of us is obliged to accept one.

8. Timelines

Dates in a proposal are our good-faith plan based on the stated scope and on your side meeting section 6. They are not guaranteed dates, and they move for scope changes, late approvals, late access, third-party outages or failures, and events outside reasonable control. We tell you as soon as we know a date is at risk, in the end-of-day update, rather than at the point it is missed.

9. Intellectual property

Transfer on final payment. On receipt of all sums due for an engagement, all intellectual property rights in the deliverables created specifically for you under that engagement transfer to you, including source code, designs and documentation. Until then, we retain those rights and you have a licence to use the deliverables for evaluation and testing only.

Two carve-outs apply, and they are standard in this industry:

• Pre-existing material and know-how. Tools, libraries, frameworks, boilerplate, templates and general methods we developed before or outside your engagement remain ours. Where any of it is embedded in your deliverables, you get a perpetual, worldwide, royalty-free licence to use, modify and distribute it as part of your product. We do not gain any right to your product, your data or your business logic.
• Third-party and open-source components. Software we incorporate from third parties remains subject to its own licence, and you take it on those terms rather than from us. We use components with licences suitable for commercial products, avoid licences that would impose obligations on your own code without telling you first, and list what was used in the handover documentation.

Your material stays yours. Your data, content, brand assets and confidential information remain your property throughout.

Portfolio reference. We may describe the general nature of work performed for you in our own materials only with your prior written consent, and never in a way that discloses confidential information.

10. Repositories, accounts and confidentiality

Accounts in your name. Source repositories, cloud projects, app store listings, domains and third-party service accounts for your project are created under your ownership from the start of the engagement, with us added as collaborators. They are yours throughout; there is no migration step at the end and nothing for us to withhold.

Confidentiality. Each of us will keep the other's confidential information confidential, use it only for the purposes of the engagement, disclose it only to people who need it for that purpose and are under equivalent obligations, and return or destroy it on request. This applies whether or not a separate NDA is signed, and it survives the end of the engagement. It does not cover information that is public through no fault of the recipient, was already known, is independently developed, or must be disclosed by law — in which case we will tell you first where we are permitted to.

11. Warranty and the defect-fix window

We warrant that our services will be performed with reasonable skill and care by people competent to do the work, and that the deliverables will materially conform to the agreed scope on delivery.

For thirty days after delivery of a fixed-price engagement, or the period stated in the proposal if it is longer, we will fix defects that stop a deliverable working as specified, at no charge. That window covers defects, not changes: new features, altered behaviour, design revisions, support for platform versions or devices outside the agreed list, and problems caused by changes made by you or a third party after handover are chargeable work.

The warranty does not apply where the deliverable has been modified by someone else, used outside its intended purpose, or broken by a third-party service or platform change after delivery. Beyond what is stated here, and to the extent the law allows, we exclude implied warranties including merchantability and fitness for a particular purpose.

12. What we cannot guarantee

This section matters more than its length suggests. We are good at building software. We are not in control of the following, and nobody honest will tell you they are:

• App store approval. Apple and Google apply their own review guidelines, change them without notice, and make judgement calls. We build to the published guidelines, prepare the submission properly and handle review correspondence, and in most cases that is enough — but approval, approval timing and continued availability are their decisions, not ours. Rejection for reasons within our work is fixed under section 11; rejection on policy or business-model grounds is a commercial matter for you.
• Business outcomes. Downloads, users, revenue, conversion rates, retention, funding and search or store ranking depend on your market, your pricing, your marketing and your timing. We make no representation about any of them, and any figure discussed in planning is a scenario, not a promise.
• Third-party behaviour. Platforms deprecate APIs, services go down, pricing changes and terms are rewritten. Work to adapt to those changes is chargeable unless a maintenance agreement covers it.
• Absolute security or uninterrupted operation. We follow sound practice and build accordingly, but no software is free of defects or immune to attack, and we do not warrant error-free or uninterrupted operation.

13. Limitation of liability

Nothing in these terms limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

Subject to that, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, anticipated savings, business, goodwill or data, however arising and whether or not the possibility was known.

Subject to that, each party's total aggregate liability arising out of or in connection with an engagement, whether in contract, tort including negligence, or otherwise, is limited to the total fees paid by you to us under that engagement in the twelve months before the event giving rise to the claim. Your obligation to pay fees properly due is not limited by this section.

14. Termination and what happens on exit

Either of us may end an engagement on the notice stated in the agreement, or on thirty days' written notice where none is stated. Either of us may end it immediately if the other commits a material breach that is not remedied within fourteen days of written notice, or becomes insolvent.

On termination for any reason:

• You pay for work performed and approved third-party costs incurred up to the effective date, including work in progress on the current milestone.
• Once those amounts are settled, intellectual property in the deliverables produced to that point transfers to you under section 9.
• We remove our own access from your repositories and accounts, transfer any credentials we hold by a secure method, and provide the documentation produced to that point.
• Each party returns or destroys the other's confidential information on request, and the confidentiality obligations continue.

There is no exit fee and no clause designed to make leaving expensive. Because your repositories and accounts were always in your name, there is nothing to hand back that you did not already hold.

15. Use of this website

The content of this website is provided for general information. We try to keep it accurate and current but make no warranty that it is either, and nothing on it constitutes a binding offer, a quote, or legal, financial or technical advice for your specific situation. Site content, branding and design are ours or our licensors'. Do not copy, scrape or republish it, attempt to disrupt the site, or submit anything unlawful or deliberately harmful through its forms. How the site handles what you submit is described in our Privacy Policy.

16. General

• Independent contractor. We act as an independent contractor. Nothing here creates a partnership, joint venture or employment relationship, and neither party may bind the other.
• Subcontracting. We may use subcontractors, and we remain responsible for their work and bound by the same confidentiality obligations.
• Non-solicitation. During an engagement and for twelve months afterwards, neither party will directly solicit the other's personnel who worked on it, except through a general public advertisement.
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control.
• Assignment. Neither party may assign an engagement without the other's written consent, except as part of a sale of substantially all of its business.
• Severability and waiver. If a provision is unenforceable, the rest stands. Not enforcing a right on one occasion does not waive it.
• Entire agreement. The accepted proposal, any signed agreement and these terms are the whole agreement between us on their subject matter, and supersede earlier discussions.
• Notices. Written notice by email to info@makemyapp.us and to the address you nominate is valid notice under these terms.

17. Governing law and disputes

The governing law and the courts or arbitral forum having jurisdiction are those stated in the signed engagement agreement for your project. Where no engagement agreement has been signed, the governing law is the law identified in the accepted proposal, and the parties submit to the exclusive jurisdiction of the courts of that place.

Before either of us starts formal proceedings, we will each raise the issue in writing and make a genuine attempt to resolve it through discussion between senior representatives, and escalate to mediation if that fails. Most disputes in this industry are misunderstandings about scope, and a phone call resolves them faster and cheaper than lawyers can.

A note on what this is

This page sets out our standard commercial terms in plain language. It is not legal advice, and it is not a substitute for advice from your own lawyer. For a specific engagement, the signed agreement is the document that governs, and these terms apply only where it is silent.

Contact

Questions about any clause here, before or during an engagement: info@makemyapp.us or +1 341 208 1344. We would rather explain a term now than argue about it later.