Terms of Service

1. Definitions

• "Services" — All development, design, consulting, and digital services provided by ViViDApps, including Android/iOS app development, web engineering, AI integrations, UI/UX design, game development, and process automation.
• "Project" — A specific engagement scoped and agreed upon via a Statement of Work (SOW), proposal, or written agreement.
• "Deliverables" — All work products, code, designs, documents, and assets produced by ViViDApps for the Client under a Project.
• "Client" — Any individual, business, or entity that engages ViViDApps for Services.

2. Scope of Services

ViViDApps provides custom digital product development services. The exact scope, deliverables, timelines, and pricing for each Project are defined in a separate Statement of Work (SOW) or Project Agreement, which forms part of these Terms upon execution.

2.1 Service Variations

Services may be delivered on a fixed-price, time-and-materials, or retainer basis as agreed. Any scope changes (feature additions, modifications, or removals) must be requested in writing and will be subject to a revised quote and timeline.

2.2 Third-Party Services

Some Services may require integration with or use of third-party platforms (e.g., Firebase, AWS, Google Play, Apple App Store, OpenAI). Clients are responsible for agreeing to the applicable third-party terms and for any associated costs unless otherwise specified.

3. Client Responsibilities

The Client agrees to:

• Provide timely, accurate, and complete project requirements, feedback, and necessary assets (logos, content, credentials).
• Assign a single primary point of contact with authority to make decisions.
• Review and approve deliverables within the agreed review periods (typically 5–7 business days).
• Not share, resell, or sublicense any partial or complete Deliverables until final payment is received.
• Ensure all content provided to ViViDApps is legally owned or licensed by the Client.

4. Intellectual Property & Ownership

4.1 Transfer of Ownership

Upon receipt of full payment for a Project, ViViDApps assigns to the Client all intellectual property rights to the custom Deliverables created specifically for that Project.

4.2 ViViDApps Retained Rights

ViViDApps retains all rights to:

• Proprietary frameworks, libraries, boilerplates, and tools used internally.
• Open-source components incorporated into Deliverables (subject to their respective licenses).
• Portfolio usage rights — we may showcase completed work in our portfolio with Client consent.

4.3 Pre-Existing IP

Any IP owned by either party prior to project commencement remains the property of that party. Nothing in these Terms shall constitute a transfer of pre-existing IP.

5. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party in connection with a Project. This obligation survives termination of the engagement for a period of 3 years.

ViViDApps may sign separate Non-Disclosure Agreements (NDAs) upon request. In the absence of a separate NDA, this clause governs confidentiality.

6. Warranties & Representations

ViViDApps warrants that:

• Services will be performed with reasonable skill and care.
• Deliverables will substantially conform to the agreed specifications.
• We have the right to enter into this agreement and perform the Services.

ViViDApps provides a 30-day bug-fix warranty post-delivery for defects directly attributable to our code. This does not cover issues caused by Client modifications, third-party service changes, or environment-specific configurations.

7. Termination

7.1 Termination by Client

Clients may terminate a Project with 14 days' written notice. Payment is due for all work completed up to the termination date, plus any non-recoverable third-party costs incurred.

7.2 Termination by ViViDApps

We reserve the right to terminate a Project if: the Client breaches these Terms; the Client fails to make payment within the agreed grace period; or continued engagement would violate applicable law.

8. Governing Law

These Terms are governed by the laws of India. Any disputes shall be resolved as per our Disputes Policy. The courts of India shall have exclusive jurisdiction.