Legal
Terms of Service
Last updated: June 2026
1. Agreement to Terms
By accessing our website or submitting an application to Apptera, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our services. These terms constitute a legally binding agreement between you ("Client") and Apptera ("we", "us", "our").
2. Services
Apptera provides bespoke web application and website development services on a subscription basis. The specific scope, deliverables, timeline, and pricing for each project are agreed in a separate Statement of Work (SOW) or project agreement issued upon application approval. Submitting an application does not guarantee acceptance or create a contractual obligation on either party.
3. Subscription Plans
Our services are offered under tiered subscription plans (Starter, Growth, Scale). Each plan includes:
- An upfront fee payable prior to build commencement.
- A recurring monthly subscription fee payable on the same date each month.
- The features and support levels described on our pricing page at the time of agreement.
Prices are exclusive of VAT. We reserve the right to update pricing for new clients with 30 days' notice. Existing clients will be notified of any price changes at least 60 days in advance.
4. Payment Terms
The upfront fee is due before work begins. Monthly subscription fees are billed in advance. All payments are non-refundable unless otherwise stated in your project agreement. Late payments may result in suspension of services. We accept payment via bank transfer or approved payment gateway.
5. Intellectual Property, Ownership & Licence
5.1 Ownership
Unless otherwise agreed in writing, all intellectual property rights in the website, application, software, source code, designs, systems, functionality, frameworks, configurations, databases, development work, and other materials created, developed, or provided by Apptera as part of the subscription service ("Apptera Materials") shall remain the property of Apptera.
5.2 Client Licence
Subject to the Client maintaining an active subscription and paying all fees when due, Apptera grants the Client a limited, non-exclusive, non-transferable licence to use the website, application, and associated Apptera Materials for the Client's business purposes during the period of the active subscription.
This licence does not constitute a transfer or assignment of ownership or intellectual property rights to the Client.
5.3 Subscription Dependency
The website, application, hosting, software, systems, and associated services provided by Apptera form part of a subscription-based service. The Client's right to access and use these services is conditional upon the subscription remaining active and all applicable fees being paid.
5.4 Non-Payment or Termination
If the Client fails to pay any subscription fee or other amount due, Apptera reserves the right, following any applicable notice or grace period, to suspend access to, disable, restrict, or take down the website, application, software, hosting, or related services until all outstanding amounts have been paid.
Where the subscription is terminated due to non-payment or otherwise expires, the Client's licence to use the Apptera Materials will automatically cease, unless otherwise agreed in writing.
5.5 Apptera's Pre-Existing Intellectual Property
Apptera retains all rights, title, and interest in its pre-existing software, code, frameworks, libraries, templates, systems, processes, methodologies, know-how, tools, infrastructure, intellectual property, and reusable components, whether created before or during the Client's project.
5.6 Client Materials
The Client retains ownership of any content, branding, trademarks, logos, images, text, data, or other materials supplied by the Client to Apptera. The Client grants Apptera the necessary rights to use such materials for the purpose of providing the contracted services.
5.7 Third-Party Materials
Where third-party software, plugins, APIs, libraries, fonts, stock imagery, or other materials are incorporated into the website or application, ownership and licensing of those materials will remain subject to the relevant third-party terms and licences.
5.8 Portfolio Rights
Unless the Client requests otherwise in writing, Apptera reserves the right to reference the Client and display screenshots, descriptions, or non-confidential aspects of the completed website or application in its portfolio, marketing materials, case studies, and promotional activities.
5.9 No Transfer of Source Code
Unless specifically agreed in writing and subject to any applicable additional fees, the Client is not entitled to receive, copy, modify, distribute, sell, transfer, or otherwise exploit Apptera's source code, proprietary systems, frameworks, or development infrastructure.
5.10 Survival of Rights
The ownership and intellectual property provisions contained in this clause shall continue to apply following suspension, expiry, or termination of the subscription.
6. Client Responsibilities
The Client agrees to:
- Provide accurate and complete project information.
- Supply required content, assets, and feedback in a timely manner.
- Designate a primary point of contact for project communications.
- Not use any deliverable for unlawful purposes.
Delays caused by the Client may affect agreed timelines without penalty to Apptera.
7. Cancellation
Either party may terminate the subscription with 30 days' written notice. Upon cancellation, the Client retains access to the delivered product up to that point. Any outstanding monthly fees remain due. We reserve the right to terminate immediately for non-payment or breach of these terms.
8. Limitation of Liability
To the maximum extent permitted by law, Apptera's total liability to the Client for any claim arising from our services shall not exceed the total fees paid by the Client in the three months preceding the claim. We are not liable for indirect, consequential, or incidental losses, loss of data, or loss of business opportunity.
9. Warranties
We warrant that our services will be provided with reasonable skill and care. We do not warrant that the deliverables will be error-free or uninterrupted. The Client is responsible for obtaining appropriate legal advice regarding their product, including data protection compliance specific to their business.
10. Confidentiality
Both parties agree to keep confidential any proprietary information shared during the project. This obligation survives termination of the agreement for a period of two years.
11. Governing Law
These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Changes to These Terms
We may update these Terms of Service at any time. Continued use of our services after changes are published constitutes acceptance. We will notify active clients of material changes via email.
13. Contact
For questions regarding these Terms, contact us at hello@apptera.co.uk.
