Terms of Service

These Terms of Service ("Service Terms") apply to design, development, maintenance and related services that Four Cents provides under the mobileapplication.ca name (the "Services"). They form part of every proposal, quote, statement of work or order we agree with you (each a "Proposal"). If a signed Proposal says something different, the Proposal wins for that project. "You" means the client named in the Proposal.

Scope

We provide only the work described in the Proposal. Anything not listed, including new features, extra screens, additional platforms, content writing, data migration, third-party fees, hosting and app store accounts, is outside the scope unless the Proposal says otherwise. Requests to change the scope are estimated in writing and only start once you approve the new price and timeline.

Your responsibilities

• Give us timely, accurate information, content, feedback and approvals. Delays on your side move the timeline and may add cost.
• Make sure you own or are licensed to use everything you give us (text, images, logos, data, brand names) and that your app and its claims, pricing and business model comply with the law.
• Open and keep your own Apple Developer, Google Play, hosting and third-party accounts unless the Proposal says we will manage them for you.
• Decide what your app does with its users' personal information, publish your app's privacy policy and terms, and meet the privacy, consumer protection, accessibility, health, financial and other laws that apply to your business.
• Test and approve each milestone within the time stated in the Proposal. If you do not respond within that time, the milestone is treated as approved.

Fees and payment

Fees, deposits and payment milestones are set out in the Proposal and are in Canadian dollars plus applicable taxes unless stated otherwise. Invoices are due within 14 days. The deposit secures your place in our schedule and is non-refundable once work has started. Late amounts may carry interest of 1.5% per month (18% per year) or the highest rate the law allows, if lower, and we may pause work until overdue amounts are paid. Third-party costs (such as developer accounts, hosting, paid APIs, fonts, stock media and plugins) are your responsibility.

Ownership and licences

When you have paid all fees for a project in full, you own the custom source code, designs and other deliverables we created specifically for you. Until then, we own them and grant you a licence to use them for review and testing. We keep ownership of our pre-existing tools, libraries, templates and know-how, and you receive a permanent, non-exclusive licence to use them as part of your deliverables. Open-source and third-party components remain under their own licences, which you agree to follow. Unless you ask us not to, we may mention that we worked with you and show non-confidential parts of the work in our portfolio.

Third-party platforms

Apps and websites rely on platforms we do not control, including Apple, Google, app stores, operating systems, hosting providers, payment processors and third-party APIs. We do not guarantee that Apple or Google will approve, keep or feature an app, and we are not responsible for their decisions, outages, policy changes, fee changes or changes to their software. Work needed because a third party changed its rules or technology after delivery is billed separately.

No guarantee of results

We will perform the Services with reasonable skill and care. We do not promise any particular number of downloads, users, rankings, traffic, leads, sales, revenue or investment, or that an app will be free of every defect. Advice we give about privacy, security, accessibility or app store rules is practical technical guidance, not legal advice, and does not certify that your product complies with any law or standard.

Warranty

For 30 days after launch, or after final delivery if you launch later, we will fix at no charge any defect that causes the deliverables to not work as described in the Proposal, as long as the problem was not caused by changes made by you or others, third-party services, new operating system versions, or use outside what the Proposal describes. This is the only warranty we give. To the fullest extent the law allows, all other warranties, express or implied, are excluded.

Maintenance

Maintenance and support after the warranty period are optional and only provided under a separate maintenance plan or Proposal.

Confidentiality

Each of us will keep the other's non-public business and technical information confidential and only use it for the project, except information that is already public, independently developed or that must be disclosed by law. We will sign a separate NDA on request.

Personal information in your project

If we handle personal information on your behalf while building or maintaining your product, we do so only on your instructions, with reasonable safeguards, and you remain responsible for having a lawful basis to collect and use it. We can sign a data processing agreement on request.

Limitation of liability

To the fullest extent the law allows: (a) neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, goodwill or business opportunity; and (b) our total liability for all claims arising from or related to a project or these Service Terms, whether in contract, negligence or otherwise, is limited to the fees you actually paid us for that project in the six months before the event giving rise to the claim. These limits do not apply to fraud or to amounts you owe us.

Indemnity

You will indemnify and defend Four Cents against third-party claims, losses and reasonable legal costs arising from content, data, trademarks or instructions you provided, the way you use or market the deliverables, or your product's compliance with the law. We will indemnify you against third-party claims that original code we wrote for you infringes someone else's copyright, provided you tell us promptly and let us control the defence.

Ending a project

Either of us may end a project by written notice if the other materially breaches these Service Terms and does not fix the breach within 14 days. You may also end a project for convenience with 14 days' written notice. In every case you pay for work completed up to the end date, plus any non-cancellable third-party costs, and we hand over the work you have paid for.

Events outside our control

Neither of us is responsible for delays caused by events outside our reasonable control, such as outages of third-party services, natural events, illness, government action or internet failures, other than payment obligations.

Our team

During a project and for 12 months after it ends, you agree not to directly hire or engage any member of our team who worked on your project without our written agreement.

Governing law and disputes

These Service Terms are governed by the laws of Ontario and the federal laws of Canada that apply there. We will first try to resolve any dispute through good-faith discussion between senior people for at least 30 days. If that fails, the courts of Toronto, Ontario have exclusive jurisdiction.

General

The Proposal and these Service Terms are the entire agreement for the project and replace earlier discussions. Changes must be in writing and accepted by both of us (email is enough). Neither of us may assign the agreement without the other's consent, except to a successor of our business. If any part is unenforceable, the rest stays in effect. Sections about payment, ownership, confidentiality, liability and indemnity survive the end of a project.

Contact us

Questions about this page can be sent to info@fourcents.ca, by phone to +1 (365) 440-1786, or by mail to Four Cents (operator of mobileapplication.ca), 49 Thorncliffe Park Drive, East York, Toronto, Ontario, M4H 1J6, Canada.