Terms of Service

Welcome to AppLab Design. These Terms of Service ("Terms") govern your access to and use of our website located at applab.design ("Site") and the services provided by AppLab Design ("we," "our," or "us"), including web development, mobile app development, UI/UX design, digital marketing, and related consulting services ("Services").

By accessing our Site or engaging our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not use our Site or Services.

Acceptance of Terms

By accessing or using our Site and Services, you confirm that you are at least 18 years of age (or the age of legal majority in your jurisdiction), that you have the legal authority to enter into these Terms, and that you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" and "your" will refer to such entity.

Services Overview

AppLab Design provides professional digital services including, but not limited to:

• Custom website design and development
• Mobile application development (iOS and Android)
• User interface (UI) and user experience (UX) design
• E-commerce solutions and platform development
• Search engine optimization (SEO) and digital marketing
• Website maintenance, hosting, and support
• Brand identity and graphic design
• Content management system (CMS) implementation

The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate written agreement, proposal, or statement of work ("Project Agreement") between you and AppLab Design. In the event of a conflict between these Terms and a Project Agreement, the Project Agreement shall prevail with respect to the specific project.

Project Proposals and Agreements

All projects commence upon execution of a Project Agreement and receipt of any required deposit. Project Agreements may include:

• Detailed project scope and specifications
• Milestones, deliverables, and timelines
• Pricing, payment schedule, and payment terms
• Revision policies and change order procedures
• Intellectual property ownership and licensing terms
• Confidentiality and non-disclosure provisions

Any material changes to the project scope after the agreement is signed may result in adjustments to the timeline and/or cost. Such changes will be documented in a written change order signed by both parties.

Payment Terms

Payment terms are outlined in each Project Agreement. Unless otherwise specified:

We accept payment via bank transfer, credit card, PayPal, and other methods as specified. All prices are quoted in US Dollars (USD) unless otherwise stated.

Intellectual Property

Client Content

You retain all ownership rights to any content, materials, logos, trademarks, and data you provide to us ("Client Content"). You grant AppLab Design a non-exclusive, royalty-free license to use Client Content solely for the purpose of performing the Services.

Deliverables

Upon full payment, ownership of the custom deliverables created specifically for your project ("Deliverables") transfers to you, except as noted below. This includes custom designs, code, and content created exclusively for your project.

Pre-Existing Materials and Tools

AppLab Design retains ownership of all pre-existing intellectual property, tools, frameworks, libraries, templates, and methodologies used in or incorporated into the Deliverables ("AppLab Tools"). We grant you a non-exclusive, perpetual, royalty-free license to use any AppLab Tools included in your Deliverables solely in connection with the project.

Portfolio Rights

AppLab Design reserves the right to display and reference the Deliverables and a general description of the project in our portfolio, marketing materials, and website, unless otherwise agreed upon in writing.

Client Responsibilities

To ensure the successful delivery of the project, you agree to:

• Provide all necessary content, materials, access credentials, and feedback in a timely manner
• Designate a single point of contact authorized to make decisions on behalf of your organization
• Review deliverables and provide feedback within the timeframes specified in the Project Agreement
• Ensure that all Client Content provided does not infringe upon any third-party rights
• Make payments according to the agreed-upon schedule
• Maintain backups of your own content and data

Delays caused by your failure to fulfill these responsibilities may result in timeline extensions and additional costs.

Revisions and Change Orders

Each Project Agreement will specify the number of revision rounds included in the project scope. Unless otherwise stated:

• Included Revisions: Two (2) rounds of revisions are included per design milestone at no additional cost.
• Additional Revisions: Revisions beyond the included rounds will be billed at our standard hourly rate.
• Scope Changes: Requests that fall outside the original project scope constitute change orders and will require a separate estimate and written approval before work begins.

Warranties and Disclaimers

AppLab Design warrants that all Services will be performed in a professional and workmanlike manner consistent with industry standards. We will make commercially reasonable efforts to ensure the Deliverables are free from material defects for a period of thirty (30) days following project completion ("Warranty Period").

Disclaimer: Except as expressly set forth herein, our Site and Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any defects will be corrected.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall AppLab Design, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your access to, use of, or inability to access or use the Site or Services
• Any conduct or content of any third party on the Site
• Any content obtained from the Site or Services
• Unauthorized access, use, or alteration of your transmissions or content

Our total aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed the total amount paid by you to AppLab Design for the specific project giving rise to the claim during the twelve (12) months preceding the event that caused the liability.

Indemnification

You agree to defend, indemnify, and hold harmless AppLab Design and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of the Site or Services
• Your violation of any provision of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or proprietary rights
• Any claim that Client Content caused damage to a third party

Termination and Cancellation

Either party may terminate a project under the following conditions:

• By Client: You may terminate a project at any time by providing written notice. You will be responsible for payment of all work completed up to the date of termination, plus any non-cancellable third-party costs incurred on your behalf. Deposits are non-refundable.
• By AppLab Design: We may terminate a project if you fail to make payments when due, fail to provide necessary materials or feedback within 30 days of request, or materially breach these Terms.
• Effect of Termination: Upon termination, all licenses granted under these Terms will cease. Ownership of completed and paid-for Deliverables transfers to you. Work-in-progress for which payment has not been received remains the property of AppLab Design.

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project ("Confidential Information"). Confidential Information includes, but is not limited to, business plans, technical data, trade secrets, customer lists, financial information, and project details.

Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform the Services (e.g., sharing with subcontractors under similar confidentiality obligations).

Use of the Website

When using our Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any portion of the Site or its related systems
• Interfere with or disrupt the integrity or performance of the Site
• Upload or transmit viruses, malware, or any other malicious code
• Scrape, crawl, or use automated means to access the Site without our written permission
• Reproduce, duplicate, copy, sell, or exploit any portion of the Site without express permission

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties. If a resolution cannot be reached within thirty (30) days, either party may pursue mediation or binding arbitration in Fayette County, Kentucky, in accordance with the rules of the American Arbitration Association.

Each party shall bear its own costs and attorney fees unless otherwise determined by the arbitrator.

Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications outages, or other force majeure events.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect by posting the updated Terms on our Site.

Your continued use of the Site or Services after the effective date of any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Contact Us

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