These Terms of Service and Custom Development Agreement (“Terms”, “Agreement”) govern all custom software engineering services, consulting, and development projects provided by Apps Bangle (PTY) LTD (“Company”, “we”, “us”, or “our”) to clients and businesses (“Client”, “Customer”, or “you”).
By requesting a service, contracting Apps Bangle (PTY) LTD for custom development, accepting software deliverables, or deploying code produced by Apps Bangle (PTY) LTD, you agree to be bound by all terms, disclaimers, and indemnification obligations herein.
1. Scope of Custom Services
Apps Bangle (PTY) LTD provides bespoke software engineering, including:
- Custom Android smartphone and tablet applications.
- Custom websites, web portals, and web applications.
- Software consultation, architectural planning, and milestone-based code delivery.
2. Client Acceptance Testing & Sign-Off
- User Acceptance Testing (UAT): Upon delivery of software builds, source code, or live deployments, the Client is solely responsible for conducting comprehensive testing across their intended target devices and environments.
- Final Acceptance: The Client must report any bugs or non-conformities within the agreed review period. Deploying deliverables into live production, distributing them to end users, or continuing business operations constitutes final and irrevocable acceptance of the deliverables.
- Client Production Infrastructure: The Client is solely responsible for obtaining, securing, and maintaining their own hosting infrastructure, domain names, SSL certificates, cloud database accounts, and third-party API credentials.
3. Express Disclaimer of Warranties for Custom Builds
EXPRESS DISCLAIMER OF WARRANTIES:
ALL CUSTOM APPLICATIONS, WEBSITES, SOURCE CODE, SCRIPTS, AND DELIVERABLES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. APPS BANGLE (PTY) LTD EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
APPS BANGLE (PTY) LTD DOES NOT GUARANTEE THAT DELIVERED CUSTOM APPS OR WEBSITES WILL OPERATE UNINTERRUPTED, BUG-FREE, OR ERROR-FREE UNDER ALL FUTURE CONDITIONS, THAT CODE WILL BE IMMUNE FROM EMERGING EXPLOITS OR OS UPGRADES, OR THAT THIRD-PARTY INFRASTRUCTURE WILL MAINTAIN 100% CONTINUOUS UPTIME.
4. Complete Client Indemnification & Hold Harmless Clause
CLIENT INDEMNIFICATION & DEFENSE OBLIGATION:
The Client expressly agrees to defend, indemnify, and hold harmless Apps Bangle (PTY) LTD, its founder, developers, contractors, and agents from and against any and all claims, liabilities, lawsuits, demands, losses, damages, judgments, penalties, fines, costs, or expenses (including reasonable attorneys' fees and litigation expenses) arising out of or related to:
- Custom Software & Website Malfunction: Any bugs, crashes, logic errors, server downtime, database corruption, payment gateway failures, transaction inaccuracies, business interruptions, or operational failures occurring within or caused by custom apps, websites, or backend systems developed for the Client.
- Third-Party & End-User Lawsuits: Any claims, grievances, or legal actions brought by Client’s customers, end-users, employees, partners, or regulatory authorities concerning the performance, failure, use, or inability to use the custom application or website.
- Data Loss & Security Breaches: Any cyber attacks, data leaks, ransomware, database destruction, or loss of client or customer records hosted on client-managed or third-party servers.
- Client-Furnished Content & Intellectual Property: Any trademarks, logos, copy, images, multimedia, business logic, or data provided by the Client that infringe upon third-party copyrights, patents, or intellectual property rights.
- Legal & Regulatory Non-Compliance: Client’s failure to comply with e-commerce, consumer protection, accessibility, or data privacy laws (e.g., GDPR, CCPA, POPIA) applicable to Client’s industry or region.
5. Limitation of Liability & Monetary Cap
LIMITATION OF LIABILITY & MAXIMUM MONETARY CAP:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPS BANGLE (PTY) LTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WORK STOPPAGE, OR SYSTEM FAILURE, REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY.
APPS BANGLE (PTY) LTD'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO ANY CUSTOM DEVELOPMENT CONTRACT OR DELIVERABLE SHALL BE STRICTLY LIMITED TO AND SHALL NOT EXCEED THE ACTUAL MONETARY SUM PAID BY THE CLIENT TO APPS BANGLE (PTY) LTD FOR THE SPECIFIC PROJECT DELIVERABLE IN DISPUTE DURING THE PRECEDING THREE (3) MONTHS.
6. Third-Party Platform Changes & Ecosystem Protection
Apps Bangle (PTY) LTD engineers applications compliant with stable platform APIs at the time of delivery. Apps Bangle (PTY) LTD is not liable for disruptions, incompatibilities, or deprecations resulting from:
- Operating System Updates: New Android releases, manufacturer UI modifications, or browser engine updates.
- App Store Policies: Google Play Store review policies, compliance audits, or account actions.
- Third-Party APIs & Hosting: Breaking changes, rate limits, pricing hikes, or service outages by external vendors (e.g. Firebase, payment processors, map APIs, SMS gateways).
7. Independent Data Backup Responsibility
The Client is solely responsible for establishing and maintaining independent, scheduled data backups and disaster recovery protocols for their live production environments and databases.
8. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Apps Bangle (PTY) LTD is registered, without giving effect to any conflict of law principles.
9. Contact Information
Apps Bangle Legal & Client Services
Apps Bangle (PTY) LTD (Reg. No: K2025464861)
Email: biz@appsbangle.com
Website: https://appsbangle.com