Terms of Service

By using our website, you agree to these Terms.

Specific software development engagements may be governed by a proposal, statement of work, contract, or other written agreement. If a separate written agreement conflicts with these Terms regarding that engagement, the separate agreement takes precedence.

Acuity Tech Apps provides software design and development services, which may include:

• native and cross-platform mobile applications;
• web applications;
• websites;
• desktop applications;
• software architecture and engineering;
• application maintenance and technical services; and
• AI-assisted software features and integrations.

We may also develop and publish our own software products.

The exact scope, deliverables, timeline, pricing, and other requirements for client work are determined by the applicable proposal or project agreement.

Information describing our capabilities on this website is provided for general informational purposes and does not guarantee availability, results, delivery dates, or acceptance of a particular project.

Where we provide a proposal or quote, it will be based on the project information and scope available at the time it is prepared.

Any validity period for a quote or proposal will be stated in that document.

Changes requested after a scope has been agreed may affect:

• cost;
• delivery schedule;
• technical requirements;
• resources; and
• deliverables.

Material changes will be discussed with the client before additional work is undertaken.

Unless specifically included in the agreed scope, requests for additional functionality are considered additional work.

Project fees, currency, payment milestones, deposits, invoice schedules, and payment deadlines will be specified in the applicable proposal, invoice, or project agreement.

Clients are responsible for paying agreed fees according to those terms.

Unless otherwise agreed in writing, third-party expenses required specifically for a client’s project are the client’s responsibility. These may include:

• Apple Developer or Google Play developer accounts;
• domains;
• hosting;
• cloud infrastructure;
• paid APIs;
• AI services;
• third-party software;
• premium libraries;
• licences; and
• other external services.

Any applicable taxes, bank charges, currency-conversion costs, or payment-processing charges will be handled according to the applicable agreement, invoice, and legal requirements.

Successful software projects require timely cooperation.

Clients agree to provide information and resources reasonably required to perform the agreed services, which may include:

• project requirements;
• content;
• branding materials;
• technical documentation;
• API information;
• credentials or authorised access;
• developer accounts;
• feedback;
• approvals; and
• other necessary project resources.

Clients are responsible for ensuring they have the legal right to provide materials supplied to Acuity Tech Apps.

Delays in providing required information, access, feedback, or approvals may affect project schedules.

Clients retain ownership of materials, data, trademarks, branding, content, and other intellectual property they provide to us.

Ownership and licensing arrangements for software created specifically for a client will be governed by the applicable project agreement.

Unless otherwise agreed in writing, transfer of ownership of specifically commissioned deliverables is subject to payment of all amounts due for those deliverables.

Acuity Tech Apps retains ownership of its pre-existing intellectual property, general knowledge, development techniques, reusable components, utilities, internal frameworks, tools, methodologies, and other materials not created exclusively for the client.

Where Acuity Tech Apps-owned components are incorporated into delivered software, the applicable project agreement may provide the client with rights necessary to use those components as part of the delivered product.

Third-party and open-source software remains subject to its applicable licences. Nothing in these Terms transfers ownership of third-party intellectual property.

We will not publicly disclose a client’s confidential information.

Where appropriate, Acuity Tech Apps may ask a client for permission to identify completed work in our portfolio, website, professional profiles, or case studies.

Where a project agreement contains specific confidentiality, publicity, or portfolio provisions, those provisions control.

Post-delivery support, maintenance periods, response expectations, and included services will be determined by the applicable proposal or project agreement.

Where a project includes a defined period of complimentary defect support, that support generally applies to qualifying defects in functionality delivered by Acuity Tech Apps within the agreed project scope.

Unless specifically included in the applicable agreement, support does not automatically include:

• new features;
• redesigns;
• scope changes;
• major operating-system migrations;
• changes required because of third-party platforms or APIs;
• infrastructure costs;
• additional integrations;
• issues introduced by modifications made by third parties; or
• work unrelated to the originally delivered functionality.

Additional maintenance or development may be quoted separately.

Software projects may depend on services or technologies operated by third parties, including operating systems, application stores, cloud platforms, APIs, payment services, AI providers, libraries, frameworks, and hosting providers.

Acuity Tech Apps does not control these third-party services.

Changes, outages, pricing changes, policy changes, discontinued APIs, platform restrictions, or other actions by third parties may affect delivered software.

Where additional development becomes necessary because of such changes, that work may require a separate scope and fee unless otherwise covered by an applicable agreement.

We aim to perform our professional services with reasonable skill and care.

Software, websites, operating systems, APIs, browsers, devices, app stores, and other technology change over time.

Unless expressly agreed otherwise in writing, we do not guarantee that software will operate without interruption or error indefinitely or remain compatible with every future operating system, device, browser, API, or third-party service.

To the fullest extent permitted by applicable law, the website and information provided through it are provided on an “as is” and “as available” basis.

Nothing in these Terms excludes warranties, rights, or liabilities that cannot lawfully be excluded.

To the fullest extent permitted by applicable law, Acuity Tech Apps will not be liable for indirect, incidental, special, exemplary, or consequential damages arising from use of the website or services, including loss of profits, revenue, business opportunities, goodwill, or data, except where such liability cannot legally be limited or excluded.

For paid client engagements, any specific limitation of liability or liability cap should be established by the applicable project agreement.

Nothing in these Terms limits liability that cannot lawfully be limited under applicable law.

During a project, each party may receive confidential or non-public information belonging to the other.

Each party agrees to take reasonable steps to protect such information and use it only for legitimate purposes connected with the engagement.

Confidentiality obligations do not apply to information that:

• is or becomes publicly available without breach of an obligation;
• was lawfully known before disclosure;
• is independently developed without use of the confidential information;
• is lawfully received from another source; or
• must be disclosed pursuant to applicable law or valid legal process.

Specific confidentiality or non-disclosure agreements take precedence where applicable.

Termination rights for paid projects should primarily be governed by the applicable project agreement.

Unless otherwise agreed, where an engagement is terminated, the client remains responsible for payment for work properly completed up to the effective termination date and approved non-cancellable third-party costs incurred for the project.

Where appropriate and subject to payment obligations, Acuity Tech Apps will make completed project materials available according to the applicable agreement.

Any refund obligations will be determined by the project agreement and circumstances of the termination.

Acuity Tech Apps may publish applications, software, and other digital products.

Individual products may have additional terms, privacy policies, subscription conditions, licence terms, or other rules.

Where product-specific terms are provided, those terms govern the user’s use of that product to the extent they address matters specific to that product.

Users should review the applicable product information before using or purchasing a product.

These Terms and any dispute relating specifically to the Acuity Tech Apps website will be subject to applicable law.

Client project agreements may specify their own governing law, jurisdiction, dispute-resolution procedures, or arbitration provisions. Where such provisions exist, the project agreement controls the applicable engagement.

We encourage clients and users to contact us first so that concerns can be discussed and, where possible, resolved directly.

Nothing in this section prevents either party from exercising rights or remedies available under applicable law.

We may update these Terms as our website, services, or business practices change.

The revised Terms will be published on this page with an updated “Last updated” date.

Unless otherwise agreed, changes to these website Terms do not modify an existing signed project agreement.

Questions about these Terms can be sent to: