Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Bloomware ("Company," "we," "our," or "us") regarding your use of our website and services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our website or services.

2. Services Description

Bloomware provides digital product development services, including:

• iOS (Swift), Android (Kotlin) & Flutter app development
• Web design and development
• Market validation and strategy
• UI/UX design services
• Technical consulting

We deliver projects within 4-12 months depending on complexity and scope, with a 3-month post-launch guarantee. Market validation projects typically take 6-8 weeks, web development 4-6 months, and complex mobile applications 9-12 months. Specific services, deliverables, timelines, and pricing are detailed in individual project agreements.

3. Project Engagement Process

3.1 Initial Consultation

All projects begin with a consultation to understand your requirements, goals, and technical specifications.

3.2 Project Proposal

Following consultation, we provide a detailed project proposal including:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing and payment terms
• Technical specifications
• Communication protocols

3.3 Project Agreement

Upon acceptance of the proposal, a formal project agreement is executed, which supersedes these general Terms for project-specific matters.

4. Payment Terms

4.1 Pricing

All pricing is specified in the project agreement and includes:

• Development costs
• Design and user experience work
• Testing and quality assurance
• Project management
• Initial deployment and launch support

4.2 Payment Schedule

Unless otherwise specified in the project agreement:

• 50% deposit due upon project commencement
• 25% due at project milestone (typically mid-project)
• 25% due upon project completion and delivery

4.3 Late Payments

Late payments may result in:

• Suspension of work until payment is received
• Late fees of 1.5% per month on overdue amounts
• Termination of the project agreement

4.4 Refund Policy

Refunds are handled on a case-by-case basis and typically limited to unearned portions of payments for work not yet completed.

5. Intellectual Property Rights

5.1 Client Ownership

Upon full payment, the Client receives full ownership of:

• Custom source code developed specifically for the project
• Custom designs and user interface elements
• Project documentation and specifications
• All deliverables specified in the project agreement

5.2 Company Retention

Bloomware retains ownership of:

• Pre-existing intellectual property and frameworks
• General methodologies and processes
• Tools and utilities developed for internal use
• Third-party components and libraries

5.3 Third-Party Components

Projects may include third-party libraries, frameworks, or services subject to their respective licenses. The Client is responsible for compliance with such licenses.

5.4 Portfolio Rights

Bloomware may showcase completed projects in our portfolio and marketing materials unless explicitly prohibited in the project agreement.

6. Client Responsibilities

The Client agrees to:

• Provide accurate and complete project requirements
• Respond to requests for information within agreed timeframes
• Provide necessary access to systems, accounts, and resources
• Review and approve deliverables within specified review periods
• Make payments according to the agreed schedule
• Obtain necessary third-party approvals and licenses
• Maintain confidentiality of any proprietary information shared

7. Project Timeline and Delivery

7.1 Timeline Estimates

Project timelines are estimates based on the agreed scope and client responsiveness. Actual delivery dates may vary due to:

• Scope changes or additions
• Delays in client feedback or approvals
• Technical challenges or third-party dependencies
• Force majeure events

7.2 Scope Changes

Changes to the original scope may result in:

• Adjusted timeline and delivery dates
• Additional costs for extra work
• Formal change order documentation

7.3 Delivery and Acceptance

Projects are considered delivered when:

• All agreed deliverables are provided
• The application meets the specified requirements
• The Client has had reasonable opportunity for testing
• Final payment has been received

8. Warranties and Support

8.1 Warranty Period

We provide a 3-month warranty and support period from project delivery covering:

• Defects in functionality as specified
• Critical bugs affecting core features
• Security vulnerabilities in our code
• Performance optimization and bug fixes
• Minor feature updates and enhancements

8.2 Support Exclusions

The 3-month support period does not cover:

• Issues caused by client modifications
• Third-party service changes or failures
• Changes in operating system or platform requirements
• Major feature requests or scope changes
• Issues arising from improper use or maintenance

8.3 Post-Launch Support

Ongoing support and maintenance services are available separately and detailed in specific support agreements.

9. Confidentiality

9.1 Mutual Confidentiality

Both parties agree to maintain confidentiality of:

• Proprietary business information
• Technical specifications and implementations
• Financial information
• User data and analytics
• Strategic plans and roadmaps

9.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was known prior to disclosure
• Is independently developed
• Must be disclosed by law

10. Limitation of Liability

10.1 Disclaimer

Our services are provided "as is" without warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

10.2 Liability Limitation

In no event shall Bloomware's total liability exceed the total amount paid by the Client for the specific project giving rise to the claim.

10.3 Excluded Damages

We shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption
• Third-party claims
• Force majeure events

11. Termination

11.1 Termination by Client

The Client may terminate a project with 7 days written notice. Upon termination:

• Client pays for all work completed to date
• Bloomware delivers work product completed as of termination date
• No refund of payments for completed work

11.2 Termination by Company

We may terminate a project if:

• Client fails to make required payments
• Client materially breaches the agreement
• Project becomes technically unfeasible
• Client requests illegal or unethical work

11.3 Effect of Termination

Upon termination, both parties' obligations cease except for:

• Payment obligations for work completed
• Confidentiality obligations
• Intellectual property provisions
• Survival clauses as specified

12. Dispute Resolution

12.1 Negotiation

Disputes shall first be addressed through good faith negotiation between the parties.

12.2 Mediation

If negotiation fails, disputes may be submitted to binding mediation with a mutually agreed mediator.

12.3 Arbitration

As a last resort, disputes may be resolved through binding arbitration under the rules of the American Arbitration Association.

12.4 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

13. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including:

• Natural disasters
• Government actions or regulations
• War, terrorism, or civil unrest
• Pandemics or health emergencies
• Internet or telecommunications failures
• Third-party service outages

14. General Provisions

14.1 Entire Agreement

These Terms, together with any project agreements, constitute the entire agreement between the parties.

14.2 Amendments

These Terms may only be amended in writing signed by both parties.

14.3 Severability

If any provision is found unenforceable, the remainder of these Terms shall remain in effect.

14.4 Independent Contractors

The parties are independent contractors and this agreement does not create an employment, partnership, or joint venture relationship.

14.5 Assignment

These Terms may not be assigned without written consent, except in the case of business transfers or acquisitions.

15. Contact Information

For questions about these Terms of Service, please contact us:

16. Updates to Terms

We reserve the right to update these Terms at any time. We will notify you of changes by:

• Posting updated Terms on our website
• Updating the "Last updated" date
• Sending email notification for material changes

Your continued use of our services after changes take effect constitutes acceptance of the updated Terms.