Terms of Service
Last updated: January 2025
1. Introduction
Welcome to Tappect ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our software development services and website (tappect.com).
By engaging our services or using our website, you ("Client", "you", "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services or website.
2. Services
Tappect provides software development and consulting services, including but not limited to:
- SaaS application development
- Mobile app development (iOS and Android)
- Web application development
- AI integration and implementation
- MVP development
- Product strategy and design
- Legacy system modernization
The specific scope, deliverables, timeline, and pricing for services will be outlined in a separate Statement of Work (SOW) or Service Agreement.
3. Engagement Models
3.1 Fixed-Price Projects
For projects with clearly defined scope and deliverables, we offer fixed-price engagements. The price, timeline, and deliverables are agreed upon before work begins.
3.2 Hourly Billing
For projects with evolving requirements or ongoing support, we offer hourly billing. Rates are agreed upon before work begins, and we provide detailed time tracking and invoices.
3.3 Monthly Retainer
For ongoing support and maintenance, we offer monthly retainer packages with a set number of hours per month.
4. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information necessary for the project
- Respond to inquiries and provide feedback in a timely manner
- Make timely decisions on project-related matters
- Provide access to necessary systems, accounts, and resources
- Pay for services as agreed upon in the contract
- Respect intellectual property rights of all parties
- Maintain professional and respectful conduct in all interactions
- Review deliverables and provide feedback within agreed timeframes
5. Payment Terms
5.1 Payment Schedule
Payment terms will be specified in the SOW or Service Agreement. Typical terms include:
- Discovery Sprint: 50% upfront, 50% upon completion
- Fixed-Price Projects: 30% upfront, 40% at milestones, 30% upon completion
- Hourly Projects: Net 15 invoiced bi-weekly or monthly
- Monthly Retainer: Due on the 1st of each month
5.2 Late Payments
Late payments may incur a 1.5% monthly interest charge or the maximum allowed by law, whichever is less. We reserve the right to suspend services for accounts more than 15 days overdue.
5.3 Expenses
Unless otherwise agreed, clients are responsible for third-party costs such as hosting, domain registration, API fees, and software licenses.
6. Intellectual Property Rights
6.1 Client Ownership
Upon full payment, you own 100% of the code and deliverables we create for your project.
This includes all source code, documentation, designs, and project-specific materials. You receive complete ownership rights with no ongoing licensing fees or restrictions.
6.2 Pre-Existing Materials
We may use pre-existing frameworks, libraries, and tools (such as React, Next.js, or open-source packages) in your project. These retain their original licenses. You receive full rights to use them as part of your project.
6.3 Portfolio Rights
We request the right to display your project in our portfolio and case studies unless you specifically request otherwise. We will respect any NDA or confidentiality requirements.
6.4 Client Materials
You retain all rights to materials, content, and intellectual property you provide to us. You grant us a license to use these materials solely for the purpose of delivering services.
7. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information, trade secrets, or sensitive data shared during the course of the engagement.
We are happy to sign your Non-Disclosure Agreement (NDA) before discussing project details. We will never share your confidential information with third parties except as necessary to deliver services (e.g., with hosting providers) or as required by law.
This confidentiality obligation survives the termination of the agreement and continues indefinitely unless the information becomes publicly available through no fault of the receiving party.
8. Warranties and Representations
8.1 Our Warranties
We warrant that:
- Services will be performed in a professional and workmanlike manner
- We have the right to enter into this agreement and provide services
- Deliverables will materially conform to the agreed specifications
- We will follow industry best practices and coding standards
8.2 Client Warranties
You warrant that:
- You have the authority to enter into this agreement
- Materials you provide do not infringe on third-party rights
- You will comply with all applicable laws and regulations
8.3 Warranty Period
We provide 30 days of bug fixes and support after project delivery at no additional charge. This covers defects in the deliverables, not changes to requirements or new features.
9. Limitation of Liability
To the maximum extent permitted by law, Tappect's total liability for any claims arising from or related to our services is limited to the amount paid by the client for the specific services that gave rise to the claim.
We are not responsible for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:
- Loss of profits or revenue
- Loss of data or business opportunities
- Business interruption
- Costs of substitute services
This limitation applies even if we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify and hold Tappect harmless from any claims, damages, or expenses (including reasonable legal fees) arising from:
- Your use of the deliverables
- Breach of these Terms or the Service Agreement
- Violation of any third-party rights
- Content or materials you provide
11. Termination
11.1 Termination by Either Party
Either party may terminate the agreement with 15 days written notice. Clients are responsible for payment of all services rendered up to the termination date.
11.2 Termination for Cause
Either party may terminate immediately if the other party:
- Materially breaches the agreement and fails to cure within 7 days of notice
- Becomes insolvent or files for bankruptcy
- Engages in fraudulent or illegal activities
11.3 Effect of Termination
Upon termination, we will provide you with all work completed to date. You will receive ownership of deliverables for which full payment has been made. Outstanding invoices remain due.
12. Force Majeure
Neither party will be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet/utility failures.
13. Dispute Resolution
13.1 Good Faith Negotiation
In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.
13.2 Mediation
If negotiation fails, parties agree to attempt mediation before pursuing legal action.
13.3 Governing Law
These Terms are governed by the laws of Pennsylvania, USA. Any legal proceedings will be conducted in the courts of Pennsylvania, USA.
14. Changes to Terms
Tappect reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last updated" date. Material changes will be communicated to active clients. Continued use of our services after changes constitutes acceptance of the updated Terms.
15. General Provisions
15.1 Entire Agreement
These Terms, together with any SOW or Service Agreement, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
15.3 No Waiver
Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
15.4 Assignment
Neither party may assign this agreement without the written consent of the other party, except in connection with a merger or acquisition.
16. Contact Us
If you have any questions about these Terms, please contact us:
Email: hello@tappect.com
Company: Tappect
We will respond to your inquiry within a reasonable timeframe.
Ready to start your project?
Get Started