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Terms of Service

Last Updated: January 1, 2025

1. Definitions

In these Terms of Service:

  • "Company," "we," "our," or "us" refers to E&M Tech, LLC, located at 2060D E Avenida De Los Arboles #214, Thousand Oaks, CA 91362-1376, United States.
  • "Services" refers to all services provided by E&M Tech, LLC, including Android application development, UI/UX design, app maintenance, and consulting.
  • "Client," "you," or "your" refers to any individual or entity engaging our Services.
  • "Website" refers to app-devs.eu.com and all associated pages.
  • "Deliverables" refers to all work products, applications, designs, and materials created as part of our Services.
  • "Project" refers to a specific engagement as defined in a Statement of Work.

2. Acceptance of Terms

By accessing our Website or engaging our Services, you agree to be bound by these Terms of Service and all applicable laws. If you do not agree with these terms, you may not use our Website or Services.

We reserve the right to modify these terms at any time. Modifications are effective immediately upon posting on our Website.

3. Services

3.1 Scope of Services

E&M Tech, LLC provides professional Android application development and related services. The specific scope, deliverables, timeline, and pricing will be defined in a separate Statement of Work (SOW).

3.2 Client Responsibilities

You agree to:

  • Provide accurate and complete information necessary for the Project
  • Review and provide feedback on deliverables in a timely manner
  • Ensure you have rights to any materials you provide
  • Designate a point of contact for project communication
  • Make timely payments as agreed

4. Intellectual Property

4.1 Ownership of Deliverables

Upon full payment, you will own all rights in the Deliverables created for your Project, except for third-party components, pre-existing materials owned by E&M Tech, and general knowledge gained during the Project.

4.2 Portfolio Rights

We retain the right to display and reference the Project in our portfolio and marketing materials unless otherwise agreed in writing.

5. Payment Terms

5.1 Fees and Payment Schedule

Fees will be specified in the applicable SOW. Unless otherwise agreed:

  • A deposit of 30-50% is required before work commences
  • Progress payments may be required at defined milestones
  • Final payment is due upon project completion

5.2 Late Payments

Invoices are due within 15 days. Late payments may incur interest at 1.5% per month, suspension of work, and collection costs.

5.3 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying sales, use, VAT, or similar taxes.

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that Services will be performed professionally. For 30 days after delivery, we will correct defects in Deliverables at no additional cost.

6.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the fees paid for the specific Project giving rise to the claim
  • We shall not be liable for indirect, incidental, special, consequential, or punitive damages
  • These limitations apply regardless of the theory of liability

8. Indemnification

You agree to indemnify and hold harmless E&M Tech, LLC from claims arising from your use of Services, violation of these Terms, or infringement of third-party rights.

9. Termination

9.1 Termination by Client

You may terminate a Project with written notice. You shall pay for all Services performed and any non-refundable deposits will be retained.

9.2 Termination by Company

We may terminate if you breach material terms and fail to cure within 14 days, fail to make payments, or become insolvent.

10. Confidentiality

Both parties agree to maintain confidentiality of proprietary information disclosed during the engagement. This obligation survives for three (3) years after termination.

11. Governing Law

These Terms are governed by the laws of the State of California. Disputes shall be resolved through binding arbitration in Ventura County, California, per the American Arbitration Association rules.

12. General Provisions

12.1 Entire Agreement

These Terms and any applicable SOW constitute the entire agreement between parties.

12.2 Severability

If any provision is found unenforceable, the remaining provisions shall continue in effect.

12.3 Waiver

Failure to enforce any provision shall not constitute a waiver of that provision.

12.4 Assignment

You may not assign these Terms without our written consent.

12.5 Force Majeure

Neither party shall be liable for delays caused by circumstances beyond reasonable control.

13. Contact Information

For questions about these Terms, please contact us:

E&M Tech, LLC

Address: 2060D E Avenida De Los Arboles #214, Thousand Oaks, CA 91362-1376, United States

Email: legal@app-devs.eu.com

Phone: (805) 555-0147

© 2025 E&M Tech, LLC. All rights reserved.

2060D E Avenida De Los Arboles #214, Thousand Oaks, CA 91362-1376, United States

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