Introduction & Acceptance
Welcome to Custom Application. These Terms & Conditions ("Terms") govern your use of our custom software applications, development services, and related products. By accessing, using, or purchasing our applications, you agree to be bound by these Terms.
Important: If you do not agree to these Terms, you may not access or use our applications or services.
Intellectual Property Rights
Ownership of Source Code
All source code, intellectual property, and proprietary technology developed by Custom Application remains our exclusive property. This includes, but is not limited to:
- Application source code and architecture
- Database structures and designs
- Custom algorithms and business logic
- User interface designs and layouts
- Documentation and technical specifications
- Trade secrets and proprietary methodologies
Critical Notice: Even after full payment for setup, deployment, and customization services, the source code and underlying intellectual property remain the exclusive property of Custom Application. Clients receive a license to use the application, not ownership of the source code.
License Grant
Upon full payment of all applicable fees, Custom Application grants you a non-exclusive, non-transferable, revocable license to use the installed application for your business operations. This license is subject to the following conditions:
- Use is limited to your business operations only
- No reverse engineering, decompiling, or attempting to access source code
- No modification, adaptation, or creation of derivative works
- No sub-licensing, sharing, or distribution to third parties
- No removal or alteration of copyright notices or proprietary markings
Services and Payment Terms
Development Services
Custom Application offers the following services:
- Custom application development
- Application deployment and setup
- Customization and configuration
- Technical support and maintenance
- Hosting and infrastructure services
Payment Terms
- All fees must be paid in full before application deployment
- Prices are subject to change without notice
- Additional customization work requires separate agreements
- Hosting fees are billed annually or monthly as specified
- Late payments may result in service suspension
Client Responsibilities
Data and Content
Clients are responsible for:
- Accuracy and legality of their data and content
- Regular backups of their business data
- Compliance with applicable laws and regulations
- Maintaining security of their login credentials
- Reporting any security issues immediately
Prohibited Uses
Clients may not use our applications for:
- Illegal activities or purposes
- Violating applicable laws or regulations
- Infringing on third-party rights
- Distributing malware or malicious content
- Spam or unsolicited communications
Support and Maintenance
Support Services
Support services include:
- Technical assistance via email and phone
- Bug fixes and security updates
- System maintenance and updates
- Performance optimization
Maintenance Terms
- Regular maintenance scheduled during off-peak hours
- Emergency support available for critical issues
- Response times vary by service level
- Custom modifications may affect support coverage
Confidentiality
Both parties agree to maintain confidentiality of all proprietary information, trade secrets, and business data. This obligation survives the termination of any agreement.
Limitation of Liability
IMPORTANT DISCLAIMER: Custom Application shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business interruption, arising from the use or inability to use our applications.
Service Availability
While we strive for 99.9% uptime, we cannot guarantee uninterrupted service. We are not liable for temporary service interruptions, scheduled maintenance, or factors beyond our reasonable control.
Termination
Termination by Client
Clients may terminate service with 30 days written notice. No refunds will be provided for partial periods.
Termination by Custom Application
We may terminate service for:
- Violation of these Terms
- Non-payment of fees
- Misuse of the application
- Illegal activities
Post-Termination
Upon termination, client access will be disabled. Clients may request data export within 30 days. All client data will be permanently deleted after 90 days.
Governing Law
These Terms are governed by and construed in accordance with the laws of South Africa. Any disputes will be resolved through binding arbitration in accordance with South African arbitration laws.
Updates to Terms
We reserve the right to modify these Terms at any time. Clients will be notified of significant changes via email. Continued use of the application constitutes acceptance of updated Terms.
Contact Information
Custom Application
Email: info@customapplication.co.za
Phone: +27 79 786 9698
For legal inquiries, please contact us with the subject line "Legal Inquiry"