Terms of Service

Last updated: January 2025

1. Agreement to Terms

By engaging Smart Money Internet LLC ("Company", "we", "us", or "our") for Android application development services ("Services"), you ("Client", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not engage our Services.

Company Information:

2. Services Description

Smart Money Internet LLC provides professional Android application development services, including but not limited to:

• Native Android Development: Kotlin and Java-based applications
• UI/UX Design: Material Design and custom interface development
• Backend Integration: API development, Firebase, cloud services
• Payment Integration: Google Play Billing, Stripe, PayPal
• Testing & QA: Comprehensive testing across devices
• Play Store Deployment: App Store Optimization (ASO) and launch support
• Maintenance & Support: Post-launch updates and bug fixes

3. Project Scope and Proposals

3.1 Proposal: All projects begin with a detailed proposal outlining scope, deliverables, timeline, and cost. The proposal becomes binding upon Client's written acceptance.

3.2 Scope Changes: Any changes to the agreed scope must be requested in writing. Changes may result in adjusted timeline and additional fees, which will be communicated before implementation.

3.3 Client Responsibilities: Client agrees to provide:

• Clear project requirements and specifications
• Necessary content, assets, and materials
• Timely feedback and approvals
• Access to required accounts (Google Play Console, analytics, etc.)
• API credentials and third-party service access as needed

4. Payment Terms

4.1 Pricing Structure:

• Fixed Price Projects: Total cost agreed upfront with milestone-based payments
• Hourly Projects: Billed at agreed hourly rate with regular invoicing
• Retainer Agreements: Monthly fee for ongoing development and support

4.2 Payment Schedule:

Unless otherwise agreed in writing:

• Fixed Price: 50% upfront, 25% at midpoint milestone, 25% upon completion
• Hourly: Invoiced bi-weekly or monthly
• Retainer: Due at the beginning of each month

4.3 Payment Methods: We accept bank transfers, credit cards (Stripe), and PayPal. Payment processing fees may apply.

4.4 Late Payments: Invoices are due within 15 days of issue date. Late payments may incur a 1.5% monthly interest charge and may result in work suspension until payment is received.

4.5 Expenses: Client is responsible for third-party expenses including:

• Google Play Developer account fees ($25 one-time)
• Third-party API or service costs
• Premium libraries or tools required for project
• Cloud hosting or server costs

5. Development Timeline

5.1 Estimates: Timeline estimates are based on agreed scope and Client's timely provision of materials and feedback. Delays in Client response may extend timelines.

5.2 Milestones: Projects are divided into milestones with specific deliverables. Each milestone requires Client approval before proceeding.

5.3 Force Majeure: We are not liable for delays caused by circumstances beyond our reasonable control, including but not limited to natural disasters, pandemic, government actions, or third-party service outages.

6. Intellectual Property Rights

6.1 Source Code Ownership: Upon full payment of all fees, Client receives full ownership of the custom source code developed specifically for their project.

6.2 Retained Rights: We retain ownership of:

• Pre-existing code, libraries, and frameworks
• Reusable components and utilities
• Development tools and methodologies
• General knowledge and techniques

6.3 Third-Party Components: Apps may include open-source libraries governed by their respective licenses (Apache, MIT, etc.). Client agrees to comply with these licenses.

6.4 Portfolio Rights: We reserve the right to display the completed application in our portfolio and marketing materials unless Client requests confidentiality in writing.

6.5 Client Materials: Client retains all rights to materials provided to us (logos, content, brand assets). Client grants us a license to use these materials solely for project development.

7. Testing and Quality Assurance

7.1 Our Testing: We conduct comprehensive testing including:

• Unit testing of core functionality
• Integration testing of components
• UI/UX testing across multiple devices
• Performance and memory optimization
• Security vulnerability assessment

7.2 Client Testing: Client is responsible for:

• User acceptance testing (UAT)
• Business logic validation
• Content accuracy verification
• Final approval before Play Store submission

7.3 Bug Reporting: Bugs discovered during development phase will be fixed at no additional cost. Issues must be reported within testing period with clear reproduction steps.

8. Play Store Submission and Approval

8.1 Submission Process: We will prepare and submit the application to Google Play Store on Client's behalf (requires Client's Developer account).

8.2 Google's Review: Google Play review typically takes 1-7 days. We cannot guarantee approval as Google's policies and review process are beyond our control.

8.3 Rejections: If app is rejected by Google, we will make reasonable efforts to address the issues and resubmit. Additional development required due to policy violations not anticipated during planning may incur additional fees.

8.4 Policy Compliance: Client is responsible for ensuring app content complies with:

• Google Play Developer Policy
• Android Design Guidelines
• Applicable laws and regulations
• Third-party terms of service

9. Post-Launch Support and Maintenance

9.1 Warranty Period: We provide 30 days of free bug fixes after Play Store launch for issues directly related to our development work.

9.2 Warranty Coverage:

• Critical bugs affecting core functionality
• Crashes or severe performance issues
• Security vulnerabilities in our code

9.3 Warranty Exclusions:

• Issues caused by third-party services or APIs
• Problems from Client modifications or changes
• Android OS updates or device compatibility changes
• Feature requests or scope changes
• Issues from Client's server or backend

9.4 Ongoing Maintenance: Post-warranty support and maintenance available through:

• Hourly support contracts
• Monthly retainer agreements
• Per-incident pricing

10. Confidentiality

10.1 Confidential Information: Both parties agree to keep confidential any proprietary information shared during the project, including:

• Business strategies and plans
• Technical specifications and source code
• User data and analytics
• Trade secrets and proprietary processes

10.2 Exclusions: Confidentiality does not apply to information that:

• Is publicly available
• Was known prior to disclosure
• Is independently developed
• Must be disclosed by law

10.3 Data Security: We implement industry-standard security measures to protect Client data. However, we are not liable for security breaches beyond our reasonable control.

11. Liability and Warranties

11.1 Disclaimer of Warranties: Services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART MONEY INTERNET LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT FOR THE SPECIFIC PROJECT OR SERVICE GIVING RISE TO THE CLAIM.

11.3 Client Indemnification: Client agrees to indemnify and hold harmless Smart Money Internet LLC from claims arising from:

• Client-provided content or materials
• Infringement of third-party intellectual property
• Violation of laws or regulations
• Misuse of the developed application

12. Termination

12.1 Termination by Client: Client may terminate the project at any time with written notice. Client is responsible for payment of:

• All work completed to date
• Non-refundable expenses incurred
• Contractual kill fee if applicable (typically 25% of remaining project value)

12.2 Termination by Company: We may terminate if:

• Client fails to make payment within 30 days of due date
• Client fails to provide required materials or feedback
• Client breaches these Terms
• Project scope fundamentally changes from original agreement

12.3 Effect of Termination: Upon termination:

• All outstanding invoices become immediately due
• Client receives work completed to date (if paid for)
• We retain rights to use work for portfolio unless agreed otherwise
• Confidentiality obligations survive termination

13. Third-Party Services and APIs

13.1 Third-Party Dependencies: Apps may integrate with third-party services (Firebase, payment processors, analytics, etc.). We are not responsible for:

• Third-party service availability or performance
• Changes to third-party APIs or pricing
• Third-party terms of service or policy changes
• Data breaches or security issues in third-party services

13.2 Client Responsibilities: Client is responsible for:

• Creating and managing accounts with third-party services
• Paying for third-party service subscriptions
• Complying with third-party terms and policies
• Monitoring usage and costs

14. User Data and Privacy Compliance

14.1 Privacy Responsibility: Client is responsible as the data controller for:

• Creating compliant Privacy Policy
• Obtaining necessary user consents
• Complying with GDPR, CCPA, and other privacy laws
• Handling data subject requests (access, deletion, etc.)

14.2 Data Processor Role: Where we act as data processor during development:

• We process data only per Client instructions
• We implement appropriate security measures
• We delete or return data upon project completion
• We do not use data for our own purposes

14.3 Children's Privacy: Apps directed at children under 13 must comply with COPPA (Children's Online Privacy Protection Act). Client must disclose if app targets children.

15. Governing Law and Dispute Resolution

15.1 Governing Law: These Terms are governed by the laws of the State of California, United States, without regard to conflict of law provisions.

15.2 Dispute Resolution Process:

1. Negotiation: Parties agree to first attempt good-faith negotiation (30 days)
2. Mediation: If negotiation fails, non-binding mediation (30 days)
3. Arbitration: Binding arbitration under American Arbitration Association rules

15.3 Arbitration: Any disputes not resolved through negotiation or mediation shall be resolved through binding arbitration conducted in Los Angeles County, California.

15.4 Class Action Waiver: Both parties agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

16. General Provisions

16.1 Entire Agreement: These Terms, together with any signed proposal or statement of work, constitute the entire agreement between parties and supersede all prior agreements.

16.2 Amendments: These Terms may only be modified by written agreement signed by both parties. Continued engagement after Terms update constitutes acceptance.

16.3 Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

16.4 Assignment: Client may not assign this agreement without our written consent. We may assign to affiliates or in connection with a merger or acquisition.

16.5 Waiver: Failure to enforce any provision does not constitute waiver of that provision.

16.6 Notices: All notices must be in writing and sent to addresses listed in Section 17.

17. Contact Information