Terms and conditions
Last updated: January 2025
1. Scope and acceptance
These terms and conditions ("Terms") govern your use of this website and the relationship between you ("client", "you") and AppFactoryCR ("we", "the company"), a boutique software development company based in Costa Rica. By using this site, requesting quotes, or engaging our services, you accept these Terms. If you do not agree, do not use the site or our services.
2. Services
We provide custom software development services, including web design and development, mobile applications, MVP development, system modernization, and technical consulting. The specific scope of each engagement is defined in the proposal or service agreement ("Statement of Work" or similar) signed by both parties. Quotes and prior communications do not constitute a contract until formalized in writing.
3. Quotes and contracts
Quotes we issue are valid for the period stated (default 30 days unless otherwise indicated). No work will begin nor will any payment obligation arise until an agreement or purchase order is signed and, where applicable, the advance or first agreed payment has been received. Any change in scope, timeline, or pricing must be agreed in writing.
4. Intellectual property
Unless expressly agreed in the contract: (a) The client will own the specific deliverables developed for their project (code, designs, documentation created for the project) once full payment has been received. (b) We retain ownership of our pre-existing knowledge, methodologies, general-purpose libraries, internal tools, and any element not specific to the project. (c) Deliverables will not include third-party software with restrictive licenses without prior agreement; the client will assume third-party licenses that are incorporated at their request.
5. Confidentiality
Each party agrees not to disclose the other's confidential information obtained in the course of the business relationship, except with consent or when required by law. Confidential information includes, among other things, business data, source code, designs, and communications relating to the project. This obligation will survive the end of the engagement for a reasonable period unless the information ceases to be confidential through no fault of the recipient.
6. Payment and invoicing
Prices and payment terms are set out in the proposal or contract (by milestone, monthly, on completion, etc.). Invoices are due within the period indicated (default 30 days from invoice date). Late payments may accrue interest as permitted by law. Expenses (hosting, domains, payment APIs, etc.) not included in the price will be communicated and invoiced separately when applicable.
7. Term and termination
The relationship is governed by the contract term or completion of the engagement. Either party may terminate the engagement for material breach by the other, after written notice and a reasonable opportunity to cure where applicable. If the client terminates without cause attributable to us, we will invoice for work performed to date and reasonable wind-down costs. We reserve the right to suspend work if agreed payments are not received on time.
8. Warranties and limitation of liability
We perform services with the diligence and standards of a boutique software development company. We do not guarantee specific business results (sales, traffic, etc.) or that the software will be error-free in all circumstances; we commit to correcting defects in delivered software during the warranty period agreed in the contract. To the maximum extent permitted by law, our liability to the client for direct or indirect damages arising from the engagement will be limited to the total amount paid by the client for the project or affected phase in the twelve months preceding the event giving rise to the claim.
9. Indemnification
The client will indemnify and hold us harmless from third-party claims arising from (a) content, data, or materials the client provides or that we must use per their instructions, or (b) the client's use of the deliverable in violation of law or these Terms. We will indemnify the client against third-party claims that deliverables developed by us infringe third-party intellectual property rights, unless the claim is due to materials or specifications provided by the client.
10. Governing law and jurisdiction
These Terms are governed by the laws of Costa Rica. Any dispute will be submitted to the competent courts of Costa Rica, unless the contract expressly agrees to another forum or arbitration.
11. Modifications
We may modify these Terms. Changes will be effective upon publication on this page, with the last updated date indicated. Continued use of the site or engagement of new services after modification constitutes acceptance of the current Terms. For already-contracted projects, the Terms accepted at the time of contracting will continue to apply unless otherwise agreed.
12. Contact
For any questions about these Terms you may contact us through the contact form on this site or at the email address shown in the contact section of AppFactoryCR.