Terms of Service

Last Updated: January 8, 2025

These Terms of Service ("Terms") govern your access to and use of the website app-wall.co.com (the "Site") and the Android app development services ("Services") provided by Smart Money Internet LLC ("Company," "we," "us," or "our").

1. Company Information

Legal Name: Smart Money Internet LLC

Address: 1252 N Havenhurst Dr W, Hollywood, CA 90046-4925, United States

Email: hello@app-wall.co.com

Phone: +1 (323) 555-1234

2. Acceptance of Terms

By accessing or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Smart Money Internet LLC.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" refers to both you individually and the entity you represent.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws and regulations
• All information you provide is accurate, current, and complete

4. Services Description

We provide professional Android application development services, including but not limited to:

• Custom Android app development
• UI/UX design for mobile applications
• Backend development and API integration
• Google Play Store deployment
• App maintenance and support
• Quality assurance and testing
• Project consultation and planning

Specific services, deliverables, timelines, and pricing will be detailed in separate project agreements or statements of work.

5. Service Agreements

5.1 Project Scope

Each development project will be governed by a separate written agreement or statement of work that specifies:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Intellectual property rights
• Support and maintenance terms
• Acceptance criteria

5.2 Changes to Scope

Any changes to the agreed-upon project scope must be requested in writing and will be subject to additional fees and timeline adjustments. We will provide a written change order detailing the impact on cost and timeline before implementing any scope changes.

6. Payment Terms

6.1 Pricing

Our pricing packages are displayed on our Site and are subject to change without notice. Actual project costs will be specified in your project agreement. All prices are in United States Dollars (USD) unless otherwise stated.

6.2 Payment Schedule

Unless otherwise agreed in writing, payments are typically structured as follows:

• Initial deposit: 30-50% of total project cost upon agreement signing
• Milestone payments: As specified in project agreement
• Final payment: Upon project completion and delivery

6.3 Late Payments

Late payments may be subject to a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is less). We reserve the right to suspend services for accounts with past-due balances.

6.4 Refunds

Refund policies will be specified in individual project agreements. Generally:

• Initial deposits are non-refundable after project commencement
• Refunds for undelivered work may be considered on a case-by-case basis
• Completed work is not eligible for refunds

7. Intellectual Property Rights

7.1 Client-Owned Content

You retain all rights to content, materials, trademarks, and other intellectual property you provide to us for use in your project ("Client Content").

7.2 Developed Work

Upon full payment, you will own the final deliverables as specified in your project agreement. Ownership transfer includes:

• Custom source code developed specifically for your project
• Custom designs and graphics created for your application
• Documentation related to your specific project

7.3 Company Retained Rights

We retain ownership of:

• Pre-existing tools, frameworks, and code libraries
• General knowledge, methodologies, and processes
• Third-party components and open-source software
• Reusable code components and templates

7.4 Third-Party Components

Your application may include third-party libraries, frameworks, and components that are subject to their own licenses. You are responsible for complying with all applicable third-party licenses.

7.5 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to:

• Display your project in our portfolio
• Use project materials for promotional purposes
• Reference your company as a client

8. Client Responsibilities

To ensure successful project delivery, you agree to:

• Provide timely feedback and approvals
• Supply necessary materials, content, and information
• Respond to communications within agreed timeframes
• Designate authorized representatives for project decisions
• Provide access to necessary systems and accounts
• Ensure you have rights to all provided content
• Make timely payments according to the payment schedule

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

9. Warranties and Representations

9.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Delivered work will substantially conform to specifications in the project agreement
• We have the right to provide the Services and deliver the work product
• We will use industry-standard practices and reasonable care

9.2 Warranty Period

We provide a warranty period as specified in your project agreement (typically 30-90 days) during which we will fix bugs and defects in delivered work at no additional cost. This warranty does not cover:

• Issues caused by modifications made by you or third parties
• Problems arising from improper use or hosting environment
• Feature requests or enhancements beyond original scope
• Issues with third-party services or components

9.3 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL SMART MONEY INTERNET LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE OUR SERVICES
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE
• ANY ERRORS OR OMISSIONS IN CONTENT OR SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smart Money Internet LLC, its officers, directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Client Content
• Your breach of any representation or warranty in these Terms

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the project. This obligation continues for three (3) years after the termination of the project or these Terms.

Confidential information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully in possession prior to disclosure
• Is independently developed without use of the confidential information
• Is rightfully obtained from a third party without restriction

13. Termination

13.1 Termination by Either Party

Either party may terminate a project agreement with written notice if the other party materially breaches these Terms and fails to cure within 15 days of written notice.

13.2 Termination by Client

You may terminate the project at any time with written notice. You will be responsible for payment for all work completed up to the termination date, plus any costs incurred on your behalf.

13.3 Effect of Termination

Upon termination:

• All outstanding invoices become immediately due
• We will deliver completed work upon receipt of payment
• You will return or destroy any confidential information
• Provisions that should survive termination will remain in effect

14. Support and Maintenance

Post-launch support and maintenance services are available as specified in your project agreement or as separate service agreements. Support typically includes:

• Bug fixes and security updates
• Technical support
• Performance monitoring
• Compatibility updates

Support services do not include new features, design changes, or major functionality updates unless specifically agreed upon.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemic, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Dispute Resolution

16.1 Governing Law

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

16.2 Dispute Resolution Process

In the event of any dispute arising out of or relating to these Terms:

1. Informal Resolution: The parties shall first attempt to resolve the dispute through good-faith negotiations
2. Mediation: If negotiations fail, the parties agree to attempt mediation before pursuing litigation
3. Jurisdiction: Any legal action shall be brought in the state or federal courts located in Los Angeles County, California

16.3 Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17. General Provisions

17.1 Entire Agreement

These Terms, together with any project agreements and our Privacy Policy, constitute the entire agreement between you and Smart Money Internet LLC regarding the Services.

17.2 Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Site with a new "Last Updated" date. Continued use of our Services after such modifications constitutes acceptance of the updated Terms.

17.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

17.6 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

17.7 Notices

All notices under these Terms shall be in writing and shall be deemed given when:

• Delivered personally
• Sent by confirmed email
• Sent by certified or registered mail, return receipt requested

Notices to us should be sent to: hello@app-wall.co.com or to our mailing address listed above.

18. Third-Party Services

Our Services may integrate with or rely upon third-party services, platforms, and APIs (such as Google Play Store, Firebase, payment processors, etc.). Your use of such third-party services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services or their availability.

19. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit harmful code, viruses, or malware
• Engage in fraudulent or deceptive practices
• Harass, threaten, or harm others
• Interfere with the proper functioning of our Services
• Create applications that violate Google Play Store policies

20. Contact Information

For questions about these Terms or our Services, please contact us:

For legal inquiries: privacy@app-wall.co.com

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By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.